Northern District of Iowa
Press releases recorded for this federal judicial district.
Media Advisory:Read the Press Release
Cedar Rapids, Iowa – The United States Attorney’s Office for the Northern District of Iowa will join the Waterloo Police Department, Black Hawk County Sheriff’s Office, and the Black Hawk County Attorney’s Office in holding a joint press conference on May 27, 2015, announcing federal gun-related criminal charges against seven individuals. This joint law enforcement action is part of Project Safe Neighborhoods, which has as its purpose reducing incidences of gun violence.
Event Details
When: Wednesday, May 27, 2015
Where: Waterloo City Hall Media Center (lower level), 715 Mulberry St., Waterloo, IA.
Time: 10:00 am.
Program
A press release and interview opportunities will be available at the end of the press conference.
Illinois Man Sentenced to Ten Years for Weapons OffenseRead the Press Release
A felon who possessed a firearm and ammunition was sentenced May 14, 2015 to ten years in federal prison.
Blake Maurer, age 24, of Freeport, Illinois, received the sentence after a February 6, 2015 guilty plea to one count of possession of a firearm and ammunition by a felon. At the guilty plea hearing, Maurer admitted that, on August 24, 2014, in Dubuque, Iowa, he possessed a firearm and ammunition. Maurer also admitted he was a convicted felon.
Maurer was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Maurer was sentenced to 120 months’ imprisonment. A special assessment of $100 was imposed, and he must also serve a three-year term of supervised release.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Dubuque Police Department.
This case was prosecuted as part of Project Safe Neighborhoods, a cooperative local, state and federal program aimed at the enhanced prosecution of gun crimes.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 14-1021.
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Four Persons Charged with Eastern Iowa Bank RobberyRead the Press Release
Shiloh Palmer, 22, Andrew Palmer, 24, Elizabeth Olinger, 26, and Peter Olinger, 42, from Mechanicsville, Iowa, each have been charged with four counts of bank robbery and related offenses. The charges are contained in an Indictment unsealed today in United States District Court in Cedar Rapids.
The Indictment alleges that, on or about April 6, 2015, defendants robbed, and/or aided and abetted the robbery of, the Exchange State Bank of Martelle, Iowa. The Indictment alleges defendants either personally, or aided and abetted, the theft of over $30,000 from an employee of the bank through force, violence, and intimidation; used, carried and brandished two shotguns in furtherance of the bank robbery, or aided and abetted the same; and used fire to commit a federal felony offense, or aided and abetted the same.
If convicted on all charges, each defendant faces a mandatory minimum sentence of 17 years’ imprisonment and a possible maximum sentence of life imprisonment, a $1 million fine, $400 in special assessments, and 16 years of supervised release following any imprisonment.
All four individuals appeared yesterday in federal court in Cedar Rapids and were held without bond. Their next appearance will be a detention hearing set for May 20, 2015, at 9 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 Timothy L. Vavricek and was investigated by the FBI, the Jones County Sheriff’s Office, the Iowa DCI, the Iowa State Fire Marshal’s Office, the Lisbon Police Department, the Mt. Vernon Police Department, the Cedar County Sheriff’s Office, the Mechanicsville Police Department, and the Linn County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-0047-LRR.
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Illinois Man Sentenced to Prison for Shooting at a HomeRead the Press Release
A man who fired several rounds from a handgun at a house after a dispute with its occupants was sentenced yesterday to two and a half years in federal prison.
Marcus Wilson, age 24, from Carbondale, Illinois, received the prison term after a January 15, 2015, guilty plea to possession of a firearm as an unlawful drug user.
In a plea agreement, Wilson admitted that on May 8, 2014, he purchased a .40 caliber handgun and ammunition from a Cedar Rapids gun shop. In purchasing the firearm, Wilson lied on the background check paperwork, falsely claiming that he was not an unlawful user of controlled substances. In fact, Wilson had been unlawfully using cocaine, marijuana, and PCP for at least three years prior to the purchase. The day after Wilson purchased the handgun, he visited a girlfriend at her friend’s home in Cedar Rapids, where Wilson got into a verbal altercation with the occupants of the home. When forced to leave the home, Wilson pulled out his handgun and wildly fired several rounds at the home, hitting it and a neighboring house. Both homes were occupied, including by children, and at least one round penetrated the exterior wall of a home. When police arrived moments later in response to the gunfire and found Wilson outside the home, he falsely claimed he had been shot at by occupants of the home. This compelled the police to remove the occupants at gunpoint only to discover that Wilson had lied to them.
Wilson was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Wilson was sentenced to thirty 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 C.J. Williams and investigated by the Federal Bureau of Investigation and the Cedar Rapids Police Department as part of the FBI Safe Streets Taskforce, a unit focused on ending gun violence in the Northern District of Iowa.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-0083.
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Meskwaki Man Sentenced to Twenty-Five Years’ Imprisonment for Murder Committed on the Meskwaki Nation SettlementRead the Press Release
A man who committed murder on the Meskwaki Nation Settlement was sentenced today to twenty-five years in federal prison.
Jonathan Youngbear, 21, from the Meskwaki Nation Settlement, Iowa, received the prison term after a January 28, 2015, guilty plea to one count of second degree murder in “Indian Country.”
In a plea agreement, Youngbear admitted that he stabbed Severn Jefferson twice in the neck and chest with a knife. Youngbear further admitted that the victim bled to death as a result of the stab wounds. At the time he stabbed the victim, Youngbear was under the influence of alcohol and also had methamphetamine in his system.
Youngbear was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Youngbear was sentenced to twenty-five years’ imprisonment. The Court imposed a special assessment of $100 and he was ordered to make $3,026.20 in restitution to the Iowa Crime Victim compensation Program. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
Youngbear 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 Attorneys Peter Deegan and Tony Morfitt and investigated by the Meskwaki Nation Tribal Police Department, the Tama County Sheriff’s Office, the Iowa Division of Criminal Investigation, and the Federal Bureau of Investigation.
Court file information is available at https://ecf.iand.uscourts.gov/. The case file number is 14-CR-00046.
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Maquoketa Man Pleads Guilty to Illegally Trafficking in Black Rhino HornsRead the Press Release
A man who illegally bought and transported black rhino horns from Oregon to Iowa pled guilty today in federal court in Cedar Rapids.
James Hess, 39, from Maquoketa, Iowa, was convicted of one count of violating the Lacey Act, which prohibits interstate trade in certain wildlife, including wildlife determined to be endangered under the Endangered Species Act. Black rhinos are endangered and it is illegal to traffic in their horns across state lines.
In a plea agreement, Hess, who is a taxidermist, admitted that he contacted an individual in Oregon who was trying to sell a pair of black rhino horns online. Hess reached an agreement to buy the rhino horns and told the seller that he had arranged to further sell the horns to a different person in Oregon. Hess further admitted that when meeting the seller in Oregon he gave the seller an Oregon driver’s license purporting to be for the buyer for the horns. Instead of reselling the horns in Oregon, Hess shipped the horns back to Maquoketa and then gave the horns to someone else in Iowa. Hess also admitted to receiving half of the profits this person expected to receive from a further sale of the horns.
Rhinoceros are herbivores of prehistoric origin and among the largest remaining mega-fauna on earth. They have no known predators other than humans. All species of rhinoceros are protected under United States and international law, and all black rhinoceros species are endangered. Since 1976, trade in rhinoceros horn has been regulated under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a treaty signed by 178 countries around the world to protect fish, wildlife and plants that are or may become imperiled due to the demands of international markets. Nevertheless, the demand for rhinoceros horn and black market prices have skyrocketed in recent years due to the value that some cultures have placed on ornamental carvings, good luck charms or alleged medicinal purposes, leading to a decimation of the global rhinoceros population. As a result, rhino populations have declined by more than 90 percent since 1970. South Africa, for example, has witnessed a rapid escalation in poaching of live animals, rising from 13 in 2007 to 668 in 2012.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Hess was released on conditions set by the Court pending sentencing. Hess 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. The case was investigated as a part of “Operation Crash,” a continuing nationwide investigation by the Department of the Interior’s Fish and Wildlife Service to investigate and prosecute those involved in the black market trade of endangered rhino horns.
Court file information at https://ecf.iand.uscourts.gov/. The case file number is 15-CR-41.
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Dubuque Man Sentenced for Wire Fraud and Filing False Tax ReturnsRead the Press Release
A former Controller of a Dubuque company, who embezzled more $360,000, was sentenced on Monday, May 11, 2015, to more than two years in federal prison.
Michael Schute, age 51, from Dubuque, Iowa, received the prison term after a February 6, 2015 guilty plea to one count of wire fraud and one count of filing false tax returns.
In a plea agreement and at the sentencing hearing, Schute admitted he embezzled more than $365,000 from a privately-owned company between 2008 until he was fired in April 2013. Schute embezzled the money by writing checks on the company bank account to pay personal credit cards and other bills. Schute then concealed this conduct by falsifying the company books to make it appear the funds were expended on company debts. When filing his tax returns for the tax years 2008 through 2013, Schute falsely concealed the funds he received from the embezzlement for his own personal use. Illegal income is taxable. Schute owes more than $86,000 in taxes on the illegal income.
Schute was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Schute was sentenced to 33 months’ imprisonment. A special assessment of $200 was imposed, and he was ordered to make $306,848.56 in restitution to the company and its insurance company (Schute had previously paid back more than $56,000 in restitution to the victim company). Schute must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. Schute was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.
The case was prosecuted by Assistant United States Attorney C.J. Williams and investigated by the Internal Revenue Service and the Dubuque Police Department.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-1003.
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Four Persons Charged with Conspiracy to Unlawfully Ship Firearms to LebanonRead the Press Release
Ali Afif Al Herz, age 50, Bassem Herz, age 30, Sarah Zeaiter, age 24, and Adam Ben Ali Al Herz, age 22, all from Cedar Rapids, Iowa, have each been charged with conspiracy to provide a container or package containing firearms and ammunition to a common carrier without notice to the shipper. The charges are contained in a Complaint unsealed today in United States District Court in Cedar Rapids.
The Affidavit supporting the Complaint alleges that between about August 2014 and May 11, 2015, three containers originating from Cedar Rapids were loaded with Bobcat skid loaders, clothing, and various other items with an intended destination of Beirut, Lebanon. The first container was not interdicted. On about March 26, 2015, the second container was interdicted at the outbound port in Norfolk, Virginia, where it was found to contain 53 firearms and more than 6800 rounds of ammunition secreted in three Bobcat skid loaders inside the container. On May 8, 2015, a third container, loaded and shipped from a Cedar Rapids business, was searched and found to contain an additional 99 firearms and over 9500 rounds of ammunition. The firearms and ammunition were again secreted within two Bobcat skid loaders in the container.
The Affidavit alleges that of the 152 firearms seized from the two shipping containers, approximately 66 of the firearms are known to have been purchased by the four individuals in Cedar Rapids and surrounding areas. As of the time filing the Complaint, whereabouts of at least 47 guns known to have been purchased by the group were unknown.
If convicted on all charges, each individual faces a possible maximum sentence of 5 years’ imprisonment, a $250,000 fine, a $100 in special assessment, and 3 years of supervised release following any imprisonment.
All four individuals appeared today in federal court in Cedar Rapids and were held without bond. Ali Afif Al Herz’ next appearance will be a detention hearing set for May 15, 2015 at 10:00 a.m. Bassem Herz is being held in custody by the U.S. Marshals pending further proceedings. Sarah Zeaiter Herz’ next appearance will be a detention hearing set for May 15, 2015 at 2:00 p.m. Adam Ben Ali Al Herz’ next appearance will be a detention hearing set for May 15, 2015 at 1:00 p.m.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Assistant United States Attorney Richard Murphy and was investigated by U.S. Immigration and Customs Enforcement, Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The following agencies assisted with the execution of search and arrest warrants today: Bureau of Investigation and Identity Protection, Customs and Border Protection, Homeland Security Investigations, United States Marshals Service, Division of Narcotics Enforcement, Department, Iowa Department of Inspections and Appeals, Iowa Division of Criminal Investigation, Linn County Sheriff’s Office, Fayette County Sheriff’s Office, Iowa County Sheriff’s Office, Cedar Rapids Police Department, Hiawatha Police Department, Marion Police Department, Vinton Police Department,, Johnson County Drug Task Force, and the Iowa State Patrol.
Anyone with information concerning this matter is requested to contact Homeland Security Investigations at 319-286-4680.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file numbers are 15-mj-136; 15-mj-137; 15-mj-138; 15-mj-139.
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Media Advisory: “From Selma to Cedar Rapids”Read the Press Release
Cedar Rapids, Iowa – The United States Attorney’s Office for the Northern District of Iowa joins community leaders in a special day of celebrating 2015 Law Day. The theme, “From Selma to Cedar Rapids” will highlight civil rights workers’ fight for civil rights, including the Selma marches for the right to vote. The connection between historical events and current day issues will be examined in a series of three presentations at the Veterans Memorial Building.
Area high school students have been invited and will actively participate in program activities designed to empower them to take an active role in their community. The general public is invited.
Follow this first of a kind event at #CRLawDay2015 and #FromSelma2CR.
Event Details
When: Wednesday, May 13, 2015.
Where: Event begins at the steps of the U.S. Courthouse, 111 7th St SE, Cedar Rapids, Iowa, followed by a symbolic march along the river to the Veterans Memorial Building where the program will continue.
Time: 9:00 am. – 2:00 p.m.
law_day_flyer.pdf
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2015 National Arson Awareness WeekRead the Press Release
CEDAR RAPIDS, IOWA - This week the U.S. Fire Administration, an entity within Homeland Security’s Federal Emergency Management Agency, announced its theme highlighting the 2015 National Arson Awareness Week: Accelerant Detection Canines – Sniffing out Arson. In recognition of this week, the United States Attorney’s Office for the Northern District of Iowa and the State Fire Marshal Division within the Iowa Department of Public Safety agreed to combat the dangers of arson by sponsoring a training course of study.
Although America's fire losses today represent a dramatic improvement from more than 40 years ago, national statistics still reveal that fire kills over 3,000 and injures 17,000 people each year. Firefighters pay a high price for this terrible fire record as well; about 100 firefighters die on duty each year. Direct property losses due to fire reach almost $12 billion a year. US Attorney Kevin Techau stated, “Arson is a very dangerous and violent crime. It raises the risk of severe injury and even death to the public and responding firefighters and is often committed for profit as part of an insurance fraud scheme resulting in higher premiums passed on to innocent parties.”
“Arson is a cowardly crime and often difficult to prosecute without solid investigative tools and well-trained investigators,” stated Techau. He went on to add, “The type of training sponsored by the State Fire Marshal Division is crucial to solving these crimes as are leads that can be provided by everyday Iowans. My office is committed to working with our law enforcement partners at all levels to aggressively investigate violent crimes of this nature that threaten our communities.”
Echoing Techau’s comments, State Fire Marshal Jeffrey Quigle offered, “The dynamic opportunity of pairing frontline fire investigators with prosecutors during this daylong training is a first for Iowa and should enhance the working partnership to combat arson related crimes.”
Major players involved in sniffing out the cause of arson crimes are the trained accelerant detection canines, the theme this year’s arson awareness week. Iowa has three accelerant detection K-9 handlers. The State Fire Marshal has one dedicated team headed by a Special Agent and his K-9 partner Pogo. The other two teams work out of fire departments in Cedar Rapids and Davenport.
Pogo entered Accelerant Detection duties in 2013.
The K-9 teams have been instrumental in investigating and solving arson crimes but when supported by witness tips the chance for a successful prosecution is greatly enhanced. Both Techau and Quigle invite the public to provide information and possible important tips pertaining to fires suspected of being arson and on any unsolved arson case. US Attorney Techau stressed that, “Detecting, investigating and prosecuting arson crime is everyone’s fight.”
Both Techau and Quigle emphasized that public tips and information can be extremely valuable in solving the case. If the public has information on any of these unsolved arsons they are encouraged to contact the State Fire Marshal State Division at 215 East 7th Street, Des Moines, Iowa 50319, or by calling 515-725-6145.
- December 12, 2003 – Henry County Courthouse. The fire occurred in the law library. The law books were tossed on the floor and intentionally set on fire.
- September 28, 2003 – Vacant church fire in Wever. Fire was started in the attic and was determined to be intentionally set.
- April 5, 2006 – Skateland Roller Skating Rink in Ft. Madison – There was evidence of a burglary that was likely attempted to be covered up by the arson.
- August 15, 2007 – Cross burning in the yard of a private residence in Salem. The FBI joined in this investigation but no leads were uncovered.
- March 8, 2008 – First Presbyterian Church in Monticello. Extensive damage to the front foyer and smoke and heat damage throughout. The fire was determined to be intentionally set.
- September 10, 2013 – Residential fire at 2720 Ave A in Council Bluffs. Racial and sexual slurs were found spray painted throughout the house. There were no signs of forced entry into the home. An accelerant canine was used during the investigation. The fire was found to be suspicious in nature.
- January 16, 2015 – Residential fire at 2929 Ave G in Council Bluffs. Gasoline was found poured throughout this residence and then lit on fire.
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Marion Couple Charged with Child Sexual Exploitation OffensesRead the Press Release
Michael Darling, age 20, and Jennifer Darling, age 27, both of Marion, Iowa, have been indicted on charges of sexual exploitation of a child, enticement of a minor, and receipt of child pornography. The charges are contained in an Indictment filed on April 23, 2015, in United States District Court in Cedar Rapids.
The Indictment alleges that, between January 2015 and March 2015, Michael and Jennifer Darling persuaded, induced, and enticed a minor female to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct, and that they persuaded, induced, and enticed the minor female to engage in sexual activity. The indictment also charges that they received child pornography. In addition, the indictment alleges that, in 2007, Michael Darling was adjudicated delinquent for the offense of sexual abuse in the second degree.
If convicted on all charges, Michael Darling faces a mandatory minimum sentence of 25 years’ imprisonment and a possible maximum sentence of life imprisonment, a $750,000 fine, a $300 special assessment, and at least five years and up to life on supervised release following any imprisonment. If convicted on all charges, Jennifer Darling faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of life imprisonment, a $750,000 fine, a $300 special assessment, and at least five years and up to life on supervised release following any imprisonment.
Michael and Jennifer Darling made their initial appearance in federal court in Cedar Rapids on April 24, 2015, and Jennifer Darling appeared for a detention hearing today. Michael Darling was held without bond, and Jennifer Darling was released on bond. Their next appearance for trial is set for June 22, 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 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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Cedar Rapids Man Pleads Guilty to Illegal Firearm PossessionRead the Press Release
A Cedar Rapids man who illegally possessed a firearm pled guilty yesterday in federal court in Cedar Rapids.
Kendan Fonville, also known as “Fudd,” age 22, from Cedar Rapids, Iowa, was convicted of one count of Possession of a Firearm by an Unlawful Drug User and one count of Possession of a Firearm with an Obliterated Serial Number.
In a plea agreement, Fonville admitted that he illegally possessed a Bersa Thunder .380 caliber pistol in March 2012. Fonville admitted that the pistol had an obliterated serial number, that he knew the serial number was obliterated, and that he was an unlawful drug user at the time he possessed the pistol.
Fonville has been in the custody of the United States Marshals Service since his arrest in October 2014. After a detention hearing on October 22, 2014, Chief United States Magistrate Judge Jon Stuart Scoles ordered that Fonville be detained pending trial. In so doing, Judge Scoles concluded that Fonville “is virtually a one-man crime spree.” Judge Scoles explained that “despite being only 22 years old, [Fonville] has approximately 30 convictions,” including “11 convictions for assault, 6 convictions for interference with official acts, 4 convictions for public intoxication, and 3 convictions for trespass.”
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Fonville remains in custody of the United States Marshal. Fonville faces a possible maximum sentence of 15 years’ imprisonment, a fine of up to $500,000, $200 in special assessments, and up to 6 years of supervised release following any imprisonment.
Cedar Rapids Police Chief Wayne M. Jerman stated following the plea, “The city has been concerned about the level of gun crime that has been occurring. I truly appreciate the efforts of the prosecutors, investigators, and the patrol officers who remain committed to keeping Cedar Rapids safe.”
The case is being prosecuted by Assistant United States Attorney C.J. Williams and Special Assistant United States Attorney Ravi T. Narayan, and was investigated by the Federal Bureau of Investigation Safe Streets Task Force and the Cedar Rapids Police Department.
Court file - https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-117-LRR.
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Trio Sentenced for Drug RobberyRead the Press Release
Two Cedar Rapids men and one Cedar Rapids woman were sentenced in federal court today for their June 9, 2014, robbery of a drug dealer of his methamphetamine and cash. Leonard Landt, age 28, was sentenced to 77 months’ imprisonment in federal prison. Snofawn Torres, age 22, was sentenced to 44 months’ imprisonment in federal prison. Bart Waddell, age26, was sentenced to 57 months’ imprisonment in federal prison.
All three were sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Each defendant must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
All three are being held in the United States Marshal’s custody until they can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorneys Patrick Reinert and Lisa Williams and investigated by the Bureau of Alcohol Tobacco, Firearms and Explosives, the Iowa Division of Narcotics Enforcement, Cedar Rapids Police Department and the Drug Enforcement Task Force comprised of 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 14-CR-119.
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Illegal Alien Sentenced to Eighteen Months in PrisonRead the Press Release
A man who illegally returned to the United States and used false documents to obtain employment was sentenced today to 18 months in federal prison.
Anacleto Morales-Carrera, age 40, an illegal alien living in Hampton, Iowa, received the prison term after a February 3, 2015, guilty plea to one count of unlawful use of identification documents, one count of misuse of a social security number, and one count of illegal reentry into the United States by an aggravated felon.
The evidence showed that Morales-Carrera was deported from the United States in January 2001 after having been convicted in Iowa of forgery, a felony offense. The forgery conviction involved the possession of a fraudulent social security card in his name. In November 2005, he was again deported from the United States after having been found in Iowa. In January 2006, Morales-Carrera was convicted in Texas of illegal entry into the United States in December 2005, and again deported on January 12, 2006. After that date, he yet again illegally reentered the United States and in August 2012, Morales-Carrera used a fraudulent permanent resident card and a fraudulent social security card, both in his name, to gain employment in Iowa. However, the account number on the permanent resident card was fictitious and social security account was assigned to someone else.
Morales-Carrera was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Morales-Carrera was sentenced to eighteen months’ imprisonment. A special assessment of $300 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.
Morales-Carrera is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by Homeland Security Investigations and Immigration and Customs Enforcement.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-0002.
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Cedar Rapids Man Sentenced to 31 Years for Four Bank Robberies and Firearm OffenseRead the Press Release
A man who committed four bank robberies in Cedar Rapids was sentenced today to 31 years in federal prison.
Javon Dockery, age 29, of Cedar Rapids, Iowa, received the sentence after an October 2, 2014 guilty plea to four counts of bank robbery and one count of possession of a firearm in furtherance of a crime of violence. At the guilty plea hearing, Dockery admitted that he robbed a Cedar Rapids branch of the US Bank on April 30 and June 26, 2014. He also admitted that he robbed a Cedar Rapids branch of the Guaranty Bank on May 16 and May 29, 2014. Further, Dockery admitted that, during the commission of the June 26 robbery, he brandished a firearm.
Dockery was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Dockery was sentenced to 372 months’ imprisonment. A special assessment of $500 was imposed, and he was ordered to make $25,935 in restitution to the two banks. He must serve a five-year term of supervised release after the prison term.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Federal Bureau of Investigation 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 CR 14-68.
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Monticello Man Pleads Guilty to Attempted Enticement of a MinorRead the Press Release
A man who attempted to entice a minor to engage in criminal sexual activity pled guilty today in federal court in Cedar Rapids.
Colton Rickels, age 19, from Monticello, Iowa, was convicted of one count of attempted enticement of a minor.
At the plea hearing, Rickels admitted that, in October 2014, he used the Internet to attempt to persuade, induce, entice, or coerce a 12-year-old female to engage in sexual activity.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Rickels was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing. Rickels faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $250,000 fine, a $100 special assessment, and supervised release for 5 years to life following his imprisonment.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation, the Monticello Police Department, 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 15-20.
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Illegal Alien Sentenced to Fourteen Months in Prison for Illegally Reentering the United States After Having Been Deported, Using Fraudulent Identification Documents and Using Another’s Social Security NumberRead the Press Release
A man who illegally returned to the United States and used false documents to obtain employment was sentenced today to fourteen months in federal prison.
Roberto Cruz-Rivera, age 37, an illegal alien living in Clarion, Iowa, received the prison term after a January 12, 2015, guilty plea to one count of unlawful use of identification documents, one count of misuse of a social security number, and illegal reentry into the United States by a felon.
The evidence showed that Cruz-Rivera was deported from the United States in July 2009 after having been convicted in Iowa of forgery, a felony offense. The forgery conviction involved the possession of two fraudulent permanent resident cards and a fraudulent social security card using a false name. In September 2009, Cruz-Rivera was convicted in Texas of illegal entry into the United States and again deported on October 5, 2009. Cruz-Rivera was apprehended upon illegally reentering the United States three more times and was again deported on October 9 & 10, 2009, and again on the 15th. After that date, Cruz-Rivera illegally reentered the United States and in April 2010, Cruz-Rivera used a fraudulent permanent resident card in his name and a social security number to gain employment in Iowa. However, the account numbers on the permanent resident card and social security account were assigned to someone else.
Cruz-Rivera was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Cruz-Rivera was sentenced to 14 months’ imprisonment. A special assessment of $300 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.
Cruz-Rivera is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by Homeland Security Investigations and Immigration and Customs Enforcement.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-136-LRR.
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Alta, Iowa, Woman Sentenced to Federal Prison for Methamphetamine ConspiracyRead the Press Release
A woman who conspired to distribute methamphetamine was sentenced April 10, 2015, to eight years in federal prison.
Amanda Lee, age 23, from Alta, Iowa, received the prison term after a November 12, 2014, guilty plea to conspiracy to distribute 500 grams or more of methamphetamine mixture.
At the guilty plea, Lee admitted her involvement from February 2013 through February 2014, in a conspiracy that distributed at least 1500 grams of methamphetamine mixture. On February 14, 2014, Sioux City police officers were dispatched to a motel where defendant stayed. Officers found methamphetamine and a loaded revolver. An iPhone was seized from defendant that revealed several text messages with drug-related content and drug-related photos. Transcripts from the stored text messages revealed the defendant sold methamphetamine and possessed a handgun. Defendant was being supplied methamphetamine and was re-selling it in the Sioux City area.
Lee was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Lee was sentenced to 96 months’ imprisonment. A special assessment of $100 was imposed. She must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system.
Lee is being held in the United States Marshal’s custody until she can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Jack Lammers and investigated by the Tri-State Drug Task Force based in Sioux City, Iowa, which consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Bureau of Immigration and Customs Enforcement; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshal Service; South Dakota Division of Criminal Investigation; and the Woodbury County Attorney’s Office.
Court file information is available at https://ecf.iand.uscourts.gov/. The case file number is 14-4039.
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National Crime Victims’ Rights WeekRead the Press Release
Every April, National Crime Victims’ Rights Week (NCVRW) is held to promote victims’ rights and honor crime victims and those who advocate on their behalf. This year’s NCVRW will be held April 19-25 and the theme, “Engaging Communities. Empowering Victims.” presents the opportunity to highlight the diversity of our communities, expand partnerships to serve victims of crime, enhance efforts to meet victims where they are, and empower crime victims as they pursue justice and recovery.
U.S. Attorney Kevin Techau announced today that his office has partnered with the 6th Judicial Department of Correctional Services, Horizons-A Family Service Alliance, St. Luke’s Child Protection Center, Cedar Rapids Police Department, Deaf Iowans Against Abuse and Linn County Attorney’s Office to host events in the Cedar Rapids area throughout this week. These events encourage community members to be engaged, to empower victims, and to provide an opportunity to honor those impacted by crime.
“Ensuring victims are afforded their statutory rights is a top priority for my office and the Department of Justice,” said U.S. Attorney Techau. “By engaging the entire community, we are able to better serve all victims of crime and provide the necessary support through their journey to healing. This year’s theme emphasizes that we all have a role to play.”
On Sunday, April 19, 2015 the Opening Ceremony to kick off the week will be held at the 6th Judicial Department of Correctional Services, 951 29th Avenue SW, Cedar Rapids starting at 1 p.m. The Jennifer Clinton Award, which recognizes someone who has gone above and beyond the call of duty, will be presented to a deserving Cedar Rapids Police officer. The Clothes Line Project from Deaf Iowans Against Abuse will be on display. This project is a way for those affected by violence to highlight the problem of violence against women by designing a t-shirt depicting the impact of the crime on the victim. The public is invited to attend.
Deaf Iowans Against Abuse will be hosting an informal gathering with the Cedar Rapids Police Department and U.S. Attorney's Office with the deaf and hard of hearing communities. It will be held from 9 a.m. to 11 a.m. on Wednesday, April 22, at the office of Deaf Iowans Against Abuse, 1652 42nd St. NE, Suite D, Cedar Rapids. During this event, the Clothesline Project will also be on display. The public is welcome.
The week’s events will end with a Candlelight Vigil on Friday, April 24 at 7 p.m. The vigil will be held at Horizons-A Family Service Alliance, 819 5th St SE. The public is invited to attend.
NCVRW honors and celebrates the achievements of the past thirty years in securing rights, protections, and services for victims. The bipartisan Victims of Crime Act (VOCA), passed by Congress in 1984, created a national fund to ease victims’ suffering. Financed by fines and penalties paid by offenders, the Crime Victims Fund supports victim assistance and services, such as rape crisis and domestic violence programs and victim compensation programs that pay victims’ out-of-pocket expenses such as counseling, funeral expenses, and lost wages. VOCA has also pioneered support efforts for victims of once-hidden crimes such as domestic and sexual violence. Outreach is increasingly focused on previously underserved victim populations, including victims of color, religious and ethnic minorities, LGBTQ victims, and immigrant populations to name a few. Efforts are being made to ensure that all victims, regardless of their background or the crime committed against them, receive the support they deserve.
For additional information about the 2015 National Crime Victims’ Rights Week and how to assist victims in your community, please contact the U.S. Attorney’s Office, Northern District of Iowa at 319-363-6333 or visit www.justice.gov/usao-ndia. For additional ideas on how to support victims of crime, visit the Office for Victims of Crime website, www.ovc.gov.
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Quality Egg, Company Owner and Top Executive Sentenced in Connection with Distribution of Adulterated EggsRead the Press Release
Sioux City, Iowa – The company owner, a top executive and their company, Quality Egg LLC, were sentenced today in federal district court in Sioux City, Iowa, the United States Attorney’s Office for the Northern District of Iowa announced.
Austin “Jack” DeCoster, 81, of Turner, Maine, who owned Quality Egg, was sentenced to serve three months in prison to be followed by one year of supervised release, and fined $100,000. His son, Peter DeCoster, 51, of Clarion, Iowa, who was Quality Egg’s Chief Operating Officer, was also sentenced to serve three months in prison to be followed by one year of supervised release, and fined $100,000. Quality Egg was sentenced to pay a fine of $6.79 million and placed on probation for three years. All three defendants were ordered to make restitution in the total amount of $83,008.19. Quality Egg also agreed to forfeit $10,000 as part of its plea agreement with the government. The defendants were sentenced by U.S. District Court Judge Mark W. Bennett in the Northern District of Iowa.
On June 3, 2014, Quality Egg, an egg production company with operations in Wright County, Iowa, pleaded guilty to one count of bribery of a public official, one count of introducing a misbranded food into interstate commerce with intent to defraud and one count of introducing adulterated food into interstate commerce. Jack and Peter DeCoster each pleaded guilty to one count of introducing adulterated food into interstate commerce. In plea agreements, the company and the father and son admitted that the company’s shell eggs were adulterated in that they contained a poisonous and deleterious substance, Salmonella Enteriditis, which may have rendered the eggs injurious to health.
During the spring and summer of 2010, adulterated eggs produced and distributed by Quality Egg were linked to approximately 1,939 reported consumer illnesses in multiple states—a nationwide outbreak of salmonellosis that led to the August 2010 recall of millions of eggs produced by the defendants.
"The message this prosecution and sentence sends is a stern one to anyone tempted to place profits over people's welfare. Corporate officials are on notice. If you sell contaminated food you will be held responsible for your conduct. Claims of ignorance or ‘I delegated the responsibility to someone else’ will not shield them from criminal responsibility,” said U.S. Attorney Kevin W. Techau for the Northern District of Iowa.
“American consumers deserve to feel secure that the eggs they eat are safe and produced in sanitary conditions,” said Acting Assistant Attorney General Benjamin C. Mizer of the Justice Department’s Civil Division. “The Department of Justice will pursue and prosecute those whose criminal conduct compromises the safety of our food supply.”
Dr. Stephen Ostroff, FDA Acting Commissioner, said, “Food manufacturers have a responsibility to produce and sell food that is safe for consumers to eat. Eggs are commonly consumed nationwide, both on their own and as ingredients in other foods. When manufacturers fail to produce safe food, the FDA will take action to protect public health.”
As noted in the government’s memorandum regarding sentencing, Quality Egg personnel had, for years, disregarded food safety standards and practices and misled major customers, including Walmart, about the company’s food safety practices. In the memorandum filed with the court, the government noted that since 2006, the company had commissioned tests to detect Salmonella Enteriditis in its layer barns and in the organs of its layer hens, that the results came back positive on 47 percent of the days tested, and that the frequency of positive test results grew in the months leading up to the August 2010 recall. As part of the memorandum, the government also argued that the evidence indicated that Quality Egg personnel took steps to conceal from regulators and customers the company’s failures to follow food safety standards and practices, that Quality Egg created food safety plans that included inaccurate claims about the company’s biosecurity and pest control practices, and that Quality Egg falsified documents for the food safety audits required by various customers.
Quality Egg pleaded guilty to bribing an inspector of the U.S. Department of Agriculture (USDA) to release eggs that had been retained for quality issues. Quality Egg acknowledged that, on at least two occasions in 2010, its employees gave a cash bribe to a USDA inspector. The USDA inspector’s job responsibilities included inspecting shell eggs at one or more of Quality Egg’s production facilities in Iowa. Quality Egg admitted that its employees provided the bribe to the USDA inspector (now deceased) in an attempt to corruptly influence the inspector to exercise his authority to release pallets of retained eggs for sale without re-processing the eggs as required by law and USDA standards. The eggs had been retained or “red tagged” for failing to meet minimum USDA quality grade standards. Former Quality Egg employee Tony Wasmund, 64, of Willmar, Minnesota, pleaded guilty in September 2012 to one count of conspiracy to bribe a public official, sell restricted eggs with intent to defraud and introduce misbranded food into interstate commerce with intent to defraud and mislead. Wasmund is scheduled to be sentenced by U.S. District Court Judge W. Bennett on May 15 at 8:30 a.m.
Quality Egg also pleaded guilty to introducing misbranded eggs into interstate commerce with the intent to defraud. As part of its plea agreement, Quality Egg admitted that, beginning no later than January 2006, and continuing through Aug. 12, 2010, its employees affixed labels to egg shipments that indicated false expiration dates with the intent to mislead state regulators and retail egg customers regarding the true age of the eggs. Quality Egg acknowledged that there were a number of ways that the company mislabeled older eggs with newer processing and expiration dates prior to shipping the eggs to customers in California, Arizona and other states. Sometimes Quality Egg personnel did not put any processing or corresponding expiration dates on the eggs when they were processed. The eggs would be kept in storage for several days or up to several weeks. Then, just prior to shipping the eggs, Quality Egg personnel labeled the eggs with processing dates that were false in that the dates were more recent than the dates that the eggs had actually been processed and with corresponding false expiration dates.
The case was prosecuted by Assistant U.S. Attorney Peter Deegan of the Northern District of Iowa and Trial Attorneys Lisa Hsiao and Christopher Parisi of the Civil Division’s Consumer Protection Branch, U.S. Department of Justice. They were assisted by Associate Chief Counsel Michael Varrone of the Department of Health and Human Services’ Office of General Counsel’s Food and Drug Division. The case was investigated by the Food and Drug Administration’s Office of Criminal Investigations, the USDA’s Office of Inspector General and the FBI.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-3024.
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Summer Camps Must Reasonably Accommodate Children with DisabilitiesRead the Press Release
The United States Attorney’s Office for the Northern District of Iowa sent out today reminders to summer camps concerning the need to make reasonable accommodations to accept children with disabilities.
“Summer camps present tremendous growth opportunities for children to learn independence, try new activities and gain self-confidence,” stressed United States Attorney Kevin Techau. He further points out that, “The law requires camps to provide equal opportunities to children who are disabled when their needs can be reasonably accommodated.”
To help ensure that children with disabilities receive the opportunity to attend summer camp, the United States Attorney’s Office recently sent the attached flyer to hundreds of summer camps located within the Northern District of Iowa reminding them of their obligations under the Americans with Disabilities Act (“ADA”).
Under the ADA, summer camps, both private and those run by municipalities, must make reasonable modification to enable campers with disabilities to participate fully in all camp programs and activities. This generally means that children with disabilities are entitled to attend any camp or activity that children without disabilities can attend, that camps must evaluate each child on an individual basis, and that camps must train their staff in the requirements of the ADA. Camps are obligated to pay for the cost of any reasonable modifications necessary for children who are disabled to participate in camp activities, and parents should not be charged any additional fee beyond standard camp enrollment costs.
Additional information about the ADA is available at www.ada.gov or the ADA Information line at: 800-514-0301 (voice); 800-514-0383 (TTY).
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Media AdvisoryRead the Press Release
Sioux City, Iowa – The United States Attorney’s Office for the Northern District of Iowa will hold a press conference on April 13th following the sentencing in federal court of Quality Egg, LLC, Austin (Jack) DeCoster, and Peter DeCoster.
The egg production company was linked to a nationwide salmonellosis outbreak during the spring and summer of 2010. There were nearly 2,000 reported consumer illnesses in multiple states, which led to the recall of millions of eggs produced by the company.
The United States Attorney, Kevin Techau, will be joined at the press conference by representatives from the FDA, USDA and Consumer Protection Branch of the US Department of Justice.
Event Details
When: Monday, April 13, 2015
Where: U.S. Attorney’s Office, Ho-Chunk Centre, 600 Fourth St. Sioux City, Iowa. Those wishing to attend need to report to the 6th Floor to get a pass and be escorted to the 7th Floor Conference Room.
Time: To follow after the sentencing, which begins at 9:00 a.m.
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Former Iowa City Resident Sentenced to Prison Term for Unlawfully Reentering United StatesRead the Press Release
A man who previously lived in Iowa City, and operated Xtreme Construction with his wife, was sentenced last week to serve one year in federal prison.
Antonio Grangeno Zuniga, formerly of Iowa City, received the prison term after a December 23, 2014, guilty plea to one count of being found after unlawfully re-entering the United States, following removal to Mexico.
According to facts admitted by Zuniga, a Mexican citizen, he was twice previously removed from the United States, on September 16, 2011, and again on August 23, 2013. Thereafter, Zuniga unlawfully re-entered the United States and operated Xtreme Construction Company (Xtreme) with his wife, Samira Zuniga, from Iowa City.
In April 2011, nine workers employed by Xtreme were arrested by Immigration and Customs Enforcement while working for Xtreme and Eastern Iowa Construction on a roofing job in Hiawatha, Iowa. The nine workers were determined to be unlawfully in the United States. Shortly thereafter, Zuniga, his wife, and his family fled to Mexico to avoid the pending investigation. When Zuniga’s wife returned several weeks later to retrieve their belongings, she was arrested, charged, convicted, and sentenced to prison for harboring illegal aliens. Zuniga remained a fugitive until his arrest in southern California in October 2014.
Zuniga was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Zuniga was sentenced to 12 months’ imprisonment and ordered to serve a one-year term of supervised release after the prison term. There is no parole in the federal system. Zuniga 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 Richard L. Murphy and investigated by Immigration and Customs Enforcement.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-CR-0078-LRR.
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Bank Employee Pleads Guilty to Stealing from Her Former EmployerRead the Press Release
A woman and former bank employee who stole more than $140,000 from her former employer pled guilty today in federal court in Cedar Rapids.
Teresa Ann Kobriger, age 42, from Iowa Falls, Iowa, was convicted of one count of embezzlement by a bank employee.
In a plea agreement, Kobriger admitted that from December 2008 through December 2012, while employed by the Iowa Falls Sate Bank in a position equivalent to a head teller, she embezzled $144,181.47 from the bank. She admitted that during this time, she stole money from her teller drawer and the bank vault and then altered bank records in order to conceal her thefts.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Kobriger remains free on conditions of release pending sentencing. Kobriger faces a possible maximum sentence of 30 years’ imprisonment, a $1,000,000 fine, a $100 special assessment, and not more than five years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Anthony Moriftt and was investigated by the Federal Bureau of Investigation.
Court file information is available at https://ecf.iand.uscourts.gov/. The case file number is 15-CR-00026.
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Illinois Man Sentenced to Prison for Possessing A Firearm as A FelonRead the Press Release
An Illinois man who purchased a handgun and more than 100 rounds of ammunition in Marion, Iowa, was sentenced to more than three years in prison yesterday in federal court in Cedar Rapids.
Montarrance Wilson, age 27, from Chicago, Illinois, received the prison term after a January 5, 2015, guilty plea to a one-count indictment charging him with being a felon in possession of a firearm and ammunition.
In a plea agreement, Wilson admitted that, on July 16, 2013, he purchased a handgun and more than 100 rounds of ammunition from a Marion, Iowa, man who had pawned the firearm. In exchange for $700, the man retrieved the firearm from the Marion pawnshop and sold it and the ammunition to Wilson. Later that same day, probation officers made an unannounced home visit to another felon’s apartment. Wilson fled when the officers knocked on the door. Inside, the officers found a bag belonging to Wilson containing the firearm and ammunition. Wilson was arrested in Illinois on these charges in November 2014, and was removed to this district to answer charges. Wilson was prohibited from possessing a firearm because he is a felon, having been convicted in 2007 of Deliver of Cocaine in Cook County, Illinois.
Wilson was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Wilson was sentenced to 37 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 C.J. Williams and 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 13-CR-0084-LRR.Follow us on Twitter @USAO_NDIA.
Colorado Man Sentenced to Prison and New Hampshire Man Pleads Guilty to Conspiracy to File False Tax Returns, Both in Connection with Defrauding a Dubuque College BookstoreRead the Press Release
On Monday, March 30, 2015, a former director of the Clarke University bookstore in Dubuque, Iowa, who used a fictitious book supply company to falsely bill the University for more than $300,000.00, was sentenced to 57 months in prison in federal court in Cedar Rapids. James Spaulding, age 35, from Longmont, Colorado, was convicted of one count of mail fraud and two counts of filing false tax returns.
On Tuesday, March 31, 2015, Spaulding’s friend and co-conspirator from Concord, New Hampshire, Thomas DeFelice, age 38, pled guilty to conspiracy to falsify corporate and personal tax returns in relation to falsely reporting the income from the fraud.
In plea agreements, Spaulding and DeFelice admitted Spaulding was the director of the Clarke University Bookstore between 2011 and 2012. Spaulding and DeFelice created a fictitious corporation called RVP Wholesale Books (“RVP”), then caused RVP to issue false invoices to Clarke University purporting to show that RVP supplied the Clarke University bookstore with books. In truth, RVP never supplied the Clarke University bookstore with any books. Spaulding and DeFelice split the proceeds of the fraud, totaling more than $302,000.00. Spaulding convinced DeFelice that there were, in fact, books purchased through RVP and delivered to Clarke University. DeFelice agreed with Spaulding, however, to falsely inflate the purported cost of goods sold so as to fraudulently decrease RVP’s and their personal tax liabilities. Spaulding and DeFelice therefore filed false tax returns for 2011 and 2012 in which they failed to disclose the illegal proceeds obtained from the fraud. Spaulding later lied to a federal grand jury in Cedar Rapids, Iowa, by falsely claiming RVP supplied the Clarke University bookstore with books.
Spaulding was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Spaulding was sentenced to 57 months’ imprisonment. A special assessment of $200 was imposed, and he was ordered to make $318,900.55 in restitution to Clarke University. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Spaulding is being held in the United States Marshal’s custody until he can be transported to a federal prison.
DeFelice entered his guilty plea before United States Chief Magistrate Judge Jon Stuart Scoles. Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. DeFelice remains free on bond pending sentencing. DeFelice faces a possible maximum sentence of three years’ imprisonment, a $250,000 fine, $100 in special assessments, and up to three years of supervised release following any imprisonment.
The cases are being prosecuted by Assistant United States Attorney C.J. Williams and was investigated by the Dubuque Police Department and the Internal Revenue Service Criminal Investigation Division.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file numbers are 14-CR-1022-LRR for Spaulding and 15-CR-1005-LRR for DeFelice.
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Aredale Woman Sentenced to Federal PrisonRead the Press Release
A woman who committed perjury while testifying in federal proceedings was sentenced on March 31, 2015 to six months in federal prison.
Ashley Tufte, 29, from Aredale, Iowa, received the prison term after a January 9, 2015, guilty plea to one count of perjury.
In a plea agreement, Tufte admitted she lied while testifying before a federal grand jury.
Tufte was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Tufte was sentenced to 6 months’ imprisonment and fined $1,000. A special assessment of $100 was imposed. She must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Tufte was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.
The case was prosecuted by Assistant United States Attorney Matthew J. Cole and investigated by the Drug Enforcement Agency (DEA).
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-131.
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Dubuque Man Sentenced to Federal Prison for Possession of an Unregistered Sawed-Off ShotgunRead the Press Release
A Dubuque man who possessed an unregistered sawed-off shotgun was sentenced on March 26, 2015 to more than seven years in federal prison.
Jordan Michael Edmonds, age 24, from Dubuque, Iowa, received the prison term after a December 29, 2014 guilty plea to one count of possession of an unregistered sawed-off shotgun.
At the plea hearing, Edmonds admitted that, on or about June 14, 2014, he knowingly possessed a 12-gauge shotgun with a barrel less than 18 inches that had a partially obliterated serial number. The shotgun was not registered to him.
Edmonds was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Edmonds was sentenced to 87 months’ imprisonment. A special assessment of $100 was imposed, and he was ordered to pay $626.78 in restitution. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
The case was prosecuted by Special Assistant United States Attorney Erin R. Eldridge and Assistant United States Attorney C.J. Williams and was investigated by the Dubuque 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 14-CR-1017.
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Mason City Man Sentenced to Federal Prison for Cerro Gordo County Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced March 23, 2015, to more than 21 years in federal prison.
Christopher Lee Evenson, 32, from Mason City, Iowa, received the prison term after a November 14, 2014, guilty plea to conspiracy to distribute methamphetamine and to possession with intent to distribute methamphetamine. Evenson was previously convicted of possession of marijuana with intent to deliver in 2004.
At the guilty plea, Evenson admitted his involvement from January 2014 through August 2014, in a conspiracy that distributed more than 50 grams of actual (pure) methamphetamine. Evenson was found in possession of 109.75 grams of methamphetamine in August 2014, when the vehicle in which he was a passenger was stopped. The methamphetamine was located under the front passenger seat, where Evenson was seated. Evenson admitted to selling approximately a pound of ice methamphetamine.
Evenson was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Evenson was sentenced to 262 months’ imprisonment. A special assessment of $200 was imposed. He must also serve a 10-year term of supervised release after the prison term. There is no parole in the federal system. Evenson 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 Jack Lammers and investigated by the North Central Iowa Narcotics Task Force, Cerro Gordo County Sheriff’s Office, Mason City Police Department, Iowa Division of Narcotics Enforcement, and Iowa Division of Criminal Investigation.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-3048.
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New Hartford Man Sentenced to Federal PrisonRead the Press Release
A man who failed to appear for a supervised release revocation hearing in U.S. District Court was sentenced today to more than a year in federal prison.
Jeremiah Wroblewski, 36, from New Hartford, Iowa, received the prison term after a September 12, 2014, guilty plea to one count of failure to appear.
Wroblewski was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Wroblewski was sentenced to 21 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Wroblewski 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 Matthew J. Cole.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-89.
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Man Sentenced to Life in Prison for Murdering his ParentsRead the Press Release
A man who used a machete to murder his parents on the Meskwaki Nation Settlement was sentenced today to life in federal prison without the possibility of parole.
Gordon Lasley, Jr., age 26, from the Meskwaki Nation Settlement, Iowa, received the prison term after a December 17, 2014, jury verdict finding him guilty of two counts of Second Degree Murder.
The evidence at trial showed that, on February 5, 2014, Lasley murdered Gordon Lasley, Sr. and Kim Renee Lasley at their home on the Meskwaki Nation Settlement by striking them each multiple times with a machete. Lasley’s attorneys unsuccessfully argued Lasley was insane at the time of the murders and should not be held criminally responsible for the murders.
Lasley was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Lasley was sentenced to a term of life imprisonment on each count, with the prison terms to run consecutively. A special assessment of $200 was imposed, and he was ordered to make $156.80 in restitution to the Iowa Crime Victim Compensation program. There is no parole in the federal system.
Lasley 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 Attorneys CJ Williams and Anthony Morfitt and was investigated by the Meskwaki Nation Tribal Police Department, the Tama County Sheriff’s Office, the Iowa Division of Criminal Investigation, and the Federal Bureau of Investigation.
Court file information is available at https://ecf.iand.uscourts.gov/. The case file number is 14-CR-00045.
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Women’s History Month CommemoratedRead the Press Release
Today the United States Attorney’s Office for the Northern District of Iowa recognized Women’s History Month 2015 by hosting a program commemorating the 40th anniversary of the landmark Iowa Civil Rights Commission decision, Cedar Rapids Community School District v. Parr. United States Attorney Kevin Techau welcomed speakers and guests noting that this month, “We celebrate countless pioneering women and the legal victories they have won.”
Featured program speakers included Des Moines attorney Roxanne Conlin and Reverend Bill Cotton. They recounted how their professional careers crossed in the early-1970s when they fought against the injustice of gender discrimination facing two Cedar Rapids school teachers.
Over 50 attendees heard the speakers tell the story of how two pregnant school teachers were forced to leave their teaching positions in the Cedar Rapids School District beginning the fifth month of their pregnancy. One teacher, Joan Parr, was not tenured and the policy as it related to her called for a forced termination. Reverend Cotton, the first Director of the Cedar Rapids Civil Rights Commission, challenged this discriminatory practice. As the litigation commenced, Reverend Cotton connected with then Assistant Attorney General Roxanne Conlin, who successfully prosecuted the case all the way to the Iowa Supreme Court. In 1975, the High Court ruled that this practice discriminated against women and violated the Iowa Civil Rights Act. This case is considered a landmark ruling in Iowa jurisprudence.
One year after this ruling the US Supreme Court rejected a claim that an employer’s policy excluding pregnancy from its disability benefits plan did not violate Title VII of the 1964 Civil Rights Act’s prohibition on sex discrimination. Two years later Congress passed the 1978 Pregnancy Discrimination Act which overruled this decision. http://go.usa.gov/3CefA These facts highlight not only the bravery of two Iowa teachers pioneering women’s rights but the forward thinking of Iowa’s judiciary.
Both speakers closed their presentations by noting that Iowa courts have a long history of furthering the rights of citizens in many cases well before the United States Congress or the US Supreme Court conferred them. Speaker Conlin shared that, “This is something we as Iowans should have great pride in.”
US Attorney Techau echoed the Presidential Proclamation proclaiming March 2015 as Women’s History Month by stating, “We know that when women succeed, America succeeds.”
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Alien Sentenced for Misuse of Social Security NumberRead the Press Release
A Mexican citizen who used another person’s social security number was sentenced yesterday to serve 120 days’ incarceration.
Roberto Ambrosio-Salvador, age 43, from Michoacan, Mexico, received the prison term after a January 8, 2015, guilty plea to misuse of a social security account number.
Information presented to the court showed Ambrosio-Salvador used a fraudulent permanent resident alien card, and a social security number issued to a person who is now deceased, for the purpose of obtaining employment in Waterloo, Iowa.
Ambrosio-Salvador was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Ambrosio-Salvador was sentenced to 120 days’ imprisonment, to be followed by a 3-year term of supervised release.
In sentencing Ambrosio-Salvador, Judge Reade noted his two prior criminal convictions for driving while intoxicated.
Ambrosio-Salvador was given credit for time served in custody and ordered released to the Department of Homeland Security detainer for processing and removal from the United States.
The case was prosecuted by Assistant United States Attorney Richard L. Murphy and investigated by Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-2048.
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Former U.S. Air Force Captain Pleads Guilty to Violating Conflict of Interest Laws and Making a False StatementRead the Press Release
SIOUX CITY – A former Captain in the U.S. Air Force (USAF) who served in 2010 as a U.S. military contracting officer in Afghanistan, pleaded guilty yesterday to violating restrictions on post-government employment and making a false statement to law enforcement agents, announced U.S. Attorney Kevin W. Techau of the Northern District of Iowa and Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division.
Adam J.J. Pudenz, 35, of Carroll, Iowa, pleaded guilty to willfully violating federal conflict-of-interest laws stemming from his post-government employment with an Afghan company that contracted with the U.S. military and to making a false statement to federal law enforcement agents. The guilty plea was entered before U.S. Magistrate Judge Leonard T. Strand of the Northern District of Iowa. In addition to his guilty plea, Pudenz agreed in a separate civil action to surrender his Iowa residence, which he purchased with money received from his unlawful employment, to the United States.
According to his plea agreement, Pudenz served as a contracting official at Camp Eggers, near Kabul, Afghanistan, in 2010. In that capacity, Pudenz admitted that he administered at least three major U.S. government contracts, all held by the same Afghan company, for the purchase of clothing and footwear for Afghan National Security Forces (ANSF).
Pudenz admitted that prior to departing Afghanistan in December 2010, he began negotiating his future employment with the same Afghan company that held the contracts he administered, a fact that he later lied about during a subsequent law enforcement investigation. In his new position with the Afghan company, Pudenz admitted that he violated the conflict of interest laws by returning to Afghanistan and lobbying U.S. government officials on matters directly related to the same contracts he had previously administered.
This case is being and investigated by the FBI, the Defense Criminal Investigative Service, the Special Inspector General for Afghanistan Reconstruction, and U.S. Army Criminal Investigation Command (CID). The case is being prosecuted by Trial Attorney Wade Weems of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Richard L. Murphy of the Northern District of Iowa.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-3008.
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Monticello Man Charged with Attempted Enticement of A MinorRead the Press Release
Colton Rickels, age 19, of Monticello, Iowa, has been charged with one count of attempted enticement of a minor. The charge is contained in an Indictment filed on March 4, 2015, in United States District Court in Cedar Rapids.
The Indictment alleges that, in October 2014, Rickels attempted to persuade, induce, entice, and coerce a minor female to engage in criminal sexual activity.
If convicted, Rickels faces a mandatory minimum sentence of ten years’ imprisonment and a possible maximum sentence of life imprisonment, a $250,000 fine, a $100 special assessment, and at least five years and up to life on supervised release following any imprisonment.
Rickels appeared for a detention hearing today in federal court in Cedar Rapids and was released on bond. Rickels’ next appearance for trial is set for May 4, 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 Monticello Police Department, 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 15-20.
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Cedar Rapids Woman Charged with Filing Fraudulent Tax Returns and Aggravated Identity TheftRead the Press Release
Gwendolyn Murray, 33, from Cedar Rapids, Iowa, has been charged with twelve counts of filing false claims for tax refunds, seven counts of theft of government property, and two counts of aggravated identity theft. The charges are contained in an Indictment unsealed on March 3, 2015, in United States District Court in Cedar Rapids.
The Indictment alleges that in 2012 and 2013, Murray, using other names, prepared and filed twelve fraudulent tax returns claiming tax refunds to which no one was entitled. The Indictment further alleges that she stole money from the Internal Revenue Service when she received refunds from seven of the fraudulent returns she filed. Finally, the Indictment alleges Murray stole the identities of two people by using their names, social security numbers, and signatures in furtherance of her theft of government property.
If convicted on all charges, Murray faces a mandatory minimum sentence of two years’ imprisonment and a possible maximum sentence of 134 years’ imprisonment, a fine, $2100 in special assessments, and a term of supervised release following any imprisonment.
Murray appeared on March 3, 2015, in federal court in Cedar Rapids and was released on bond. Murray’s next appearance for trial is set for May 4, 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 Internal Revenue Service.
Court file information is available at https://ecf.iand.uscourts.gov. The case file number is 15-CR-0015-LRR. Follow us on Twitter @USAO_NDIA.
Wisconsin Man Pleads Guilty to Methamphetamine ConspiracyRead the Press Release
A Wisconsin man pled guilty to one count of conspiring to distribute methamphetamine February 27, 2015, in federal court in Cedar Rapids, Iowa.
During the conspiracy, from January 2012 through December 2014, Ryan Michael Schroeder, age 26, from LaCrosse, Wisconsin, conspired to distribute 500 grams or more of methamphetamine. Schroeder conducted transactions involving multiple ounce quantities of methamphetamine in Hampton and Mason City, Iowa. Schroeder was also delivering and selling methamphetamine to numerous persons in Minnesota.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Schroeder remains in custody of the United States Marshal; was taken into custody by the United States Marshal after the guilty plea and pending sentencing. Schroeder faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, a $100 special assessment, and 5-years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Jack Lammers and was investigated by the North Central Iowa Narcotics Task Force, Cerro Gordo County Sheriff’s Office, Mason City Police Department, Iowa Division of Narcotics Enforcement, and Iowa Division of Criminal Investigation.
Court file information is available at https://ecf.iand.uscourts.gov/. The case file number is 14-CR-3071.
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Iowa Man Sentenced to Federal Prison for Meth-Distribution ConspiracyRead the Press Release
A Mason City man was sentenced February 25, 2015, for his role in a Mason City area methamphetamine conspiracy.
Scott Lee Bailey, age 44, of Mason City, Iowa, received his prison term after an October 16, 2014, guilty plea. Bailey pled guilty to conspiracy to distribute methamphetamine. Bailey was previously convicted of a felony drug offense in Stockton, California, in 2007.
Information provided by the United States at the sentencing and change of plea hearings showed Bailey distributed methamphetamine to confidential informants in the Mason City area. On May 1, 2014, law enforcement officers executed a search warrant at defendant’s residence, and his 2001 Chevrolet. Officers seized from the residence a handgun, $5,613 in U.S. currency, prescription pills, surveillance equipment, baggies, and narcotic paraphernalia. Located in defendant’s vehicle was 18.72 grams 99% pure methamphetamine.
Bailey was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Bailey was sentenced to 292 months’ imprisonment. A special assessment of $100 was imposed. He must also serve an 8-year term of supervised release after the prison term. There is no parole in the federal system.
Bailey 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 Jack Lammers and investigated by the North Central Iowa Narcotics Task Force, Cerro Gordo County Sheriff’s Office, Mason City Police Department, Iowa Division of Narcotics Enforcement, and Iowa Division of Criminal Investigation.
Court file information is available at https://ecf.iand.uscourts.gov/. The case file number is CR 14-3046.
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Aggravated Felon Sentenced to Prison for Illegal Re-EntryRead the Press Release
A woman who failed to surrender to serve a previous sentence for illegal re-entry was sentenced February 27, 2015, to 12 months in in federal prison.
Maria Parra-Rosales, age 27, from Mexico, received the prison term after an October 27, 2014, guilty plea to one count of failure to surrender.
At the guilty plea, Parra-Rosales admitted she fled to Mexico after being convicted on November 15, 2013, in the United States District Court for the Northern District of Iowa of illegal re-entry as an aggravated felon. Parra-Rosales was to self-surrender to the Waseca Women’s Institution in Minnesota on May 15, 2014. She failed to surrender, and a warrant was issued for her arrest. Eventually, she surrendered herself to the U.S. Border Patrol at the United States border on June 26, 2014.
Parra-Rosales was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Parra-Rosales was sentenced to 12 months’ imprisonment. She must also serve a 1-year term of supervised release after the prison term. A special assessment of $100 was imposed. There is no parole in the federal system.
Parra-Rosales is being held in the United States Marshal’s custody until she can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Kevin C. Fletcher and investigated by the U.S. Marshals’ Service and Homeland Security Investigations.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR14-4077.
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Aggravated Felon Sentenced to Prison for Illegal Re-EntryRead the Press Release
A man who illegally re-entered the United States from Mexico was sentenced February 27, 2015, to 7 months in in federal prison.
Christian Vargas-Ortiz, age 22, from Mexico, received the prison term after a November 6, 2014, guilty plea to one count of illegal re-entry as an aggravated felon.
At the guilty plea, Vargas-Ortiz admitted he had re-entered the United States without permission after being removed from the country on May 30, 2014. On November 6, 2013, Vargas-Ortiz was convicted of identity theft and forgery in the Iowa District Court for Sioux County. Vargas-Ortiz came to the attention of Homeland Security Investigations (HSI) after he was arrested on August 22, 2014, in Sioux County, Iowa for driving while license barred.
Vargas-Ortiz was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Vargas-Ortiz was sentenced to 7 months’ imprisonment. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Vargas-Ortiz 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 Kevin C. Fletcher and investigated by HSI 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 CR14-4077.
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Jesup Man Pleads Guilty to Distribution of Child PornographyRead the Press Release
A man who distributed child pornography pled guilty on March 2, 2015, in federal court in Cedar Rapids.
William Smith, age 33, from Jesup, Iowa, was convicted of one count of distribution of child pornography.
At the plea hearing, Smith admitted that, in June 2013, he used a cell phone to distribute child pornography.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Smith was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing. Smith faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, a $100 special assessment, and supervised release for 5 years to life following his imprisonment.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Marion Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 14-140.
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Illegal Alien Sentenced to over Four Years in Prison for Passport Fraud, Aggravated Identity Theft, Alien Harboring, and Registering to Vote in Federal ElectionRead the Press Release
An illegal alien who assumed the identity of a U.S. citizen, obtained a U.S. passport, and voted in the 2012 presidential election was sentenced today to more than four years in federal prison.
Abel Hernandez-Labra, age 44, an illegal alien living in Hampton, Iowa, received the prison term after a November 4, 2014, guilty plea to one count of making false statements in a passport application, one count of aggravated identity theft, one count of making a false claim of U.S. citizenship to register to vote, and one count of harboring an illegal alien.
In a plea agreement, Hernandez-Labra admitted that he is a Mexican citizen who illegally entered the United States. Hernandez-Labra admitted he purchased a birth certificate and social security number of an American citizen born in Puerto Rico and assumed that identity. Falsely claiming to be a United States citizen, Hernandez-Labra used those documents to obtain Iowa driver’s licenses which he in turn used to apply for and fraudulently obtain a U.S. passport in 2008 and to unlawfully register and vote in the 2012 federal election. Hernandez-Labra also admitted that, during 2014, he harbored and encouraged an illegal alien to reside unlawfully in the United States by providing work and a residence and by not reporting the alien to immigration authorities.
Hernandez-Labra was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Hernandez-Labra was sentenced to 51 months’ imprisonment and fined $5,000. A special assessment of $400 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Hernandez-Labra is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by agents from the U.S. Department of State, Diplomatic Security Service (DSS) Chicago Field Office; the Department of Homeland Security, Homeland Security Investigations; the Iowa Division of Investigations and Appeals; the Iowa Bureau of Investigation and Identity Protection; the Hampton Police Department; the Webster City Police Department; and the Hamilton 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-CR-3036.
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Dubuque Duo Headed to Federal Prison for Meth FireRead the Press Release
Two Dubuque men who were responsible for an apartment fire caused by a failed methamphetamine cook were each sentenced today to lengthy stays in federal prison.
John Starks Sr., age 47, will spend 16 years in federal prison after his June 26, 2014 guilty plea to conspiracy to manufacture methamphetamine near a school. Casey Duhme, age 25, will serve almost 9 years in federal prison after his June 25, 2014 guilty plea to the same offense.
Sentencing documents and statements made at the sentencing hearings reflect that Starks and Duhme were both involved in attempting to manufacture methamphetamine in Starks’s apartment on White Street in Dubuque, in the early morning hours of February 20, 2014. The apartment was part of a multi-family apartment building, and was located directly across the street from an elementary school. Duhme and Starks each provided pseudoephedrine pills for the attempted manufacture of methamphetamine. Duhme purchased some of the pills himself and received additional pills from a friend. Starks received pills from multiple people, including his wife and adult son. Starks also directed an autistic individual—who did not understand the criminal nature of his actions—to purchase pills for Starks.
Their attempt to make methamphetamine caused a fire to erupt in the apartment. Starks, Duhme, and Starks’s wife fled the apartment. No one called 911 or alerted anyone about the fire. Just minutes after the trio left the apartment, a police officer doing routine patrol noticed smoke coming out of the building. The officer evacuated the other tenants just moments before the roof of the entire building collapsed. Due to fire and smoke damage, the entire building was rendered unsuitable for living. Multiple tenants suffered property loss and were left without a home. One tenant was treated at a hospital for smoke inhalation.
Starks and Duhme were sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Starks was sentenced to 192 months’ imprisonment. Duhme was sentenced to 105 months’ imprisonment. Each defendant was required to pay a $100 special assessment and must serve a six-year term of supervised released following their prison terms. Starks and Duhme were ordered to make $322,281 in restitution to victims of the offense, including the owner of the building, other tenants, and an insurance company. There is no parole in the federal system.
Starks and Duhme are being held in the United States Marshal’s custody until they can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Justin Lightfoot and investigated by the Dubuque Police Department, the Dubuque Fire Department, and the Dubuque Drug Task Force, which consists of the Dubuque Police Department and the Dubuque County Sheriff’s Department.
Court file information is available at https://ecf.iand.uscourts.gov/ cgi-bin/login.pl. The case file number is 14-cr-1009.
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Criminal Alien Sentenced to PrisonRead the Press Release
A Mexican man who unlawfully re-entered the United States after having been deported following his 2010 Tama County, Iowa, convictions for child endangerment and domestic abuse assault with a dangerous weapon, was sentenced today to serve 41 months in federal prison.
Luciano Garcia-Corona, 37, from Mexico, and most recently a resident of 430 Mesqwaki Road, Tama, Iowa, received the prison term after having pleaded guilty on November 21, 2014, to one count of unlawful re-entry following deportation as an aggravated felon, and one count of unlawful possession of identity documents.
Garcia-Corona was deported from the United States on December 28, 2011, following his 2010 convictions in Tama County, Iowa. Garcia-Corona had also been deported on December 15, 1999. Following each of his prior deportations, Garcia-Corona unlawfully returned to the United States and committed violent crimes. In April 2014, Garcia-Corona was convicted and sentenced in Tama County, Iowa, following convictions for arson in the third degree, domestic abuse assault, three counts of assault with a dangerous weapon, child endangerment, and identity theft.
Garcia-Corona was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Garcia-Corona was sentenced to 41 months’ imprisonment. A special assessment of $200 was imposed, and he was ordered to serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
At the sentencing hearing, Judge Reade noted Garcia-Corona’s violent criminal history; use of numerous aliases; prior lenient treatment by the state courts; history of immigration violations; and general lack of respect for the law.
Garcia-Corona 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 Richard L. Murphy and investigated by Homeland Security Investigations.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-76.
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Cedar Rapids Man Pleads Guilty to Wire Fraud and Identity TheftRead the Press Release
A man who unlawfully used another individual’s identity to apply for credit pled guilty today in federal court in Cedar Rapids.
Terry L. Gantt, age 28, from Cedar Rapids, was convicted of one count of wire fraud and one count of aggravated identity theft.
At the plea hearing, Gantt admitted that, between November 2012 and February 2013, he knowingly participated in a scheme to defraud by using another individual’s identity to apply for credit in the other individual’s name. Gantt used the other individual’s name and social security number to commit the offense.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Gantt remains in custody of the United States Marshal. Gantt faces a mandatory minimum sentence of 2 years’ imprisonment and a possible maximum sentence of 22 years’ imprisonment, a $500,000 fine, $200 in special assessments, and 4 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Jacob Schunk and was investigated by the United States Postal Inspection Service 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 14-CR-142-LRR.
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Black Hawk County Man Sentenced to 21 Months for Failing to Register as A Sex OffenderRead the Press Release
A man who failed to register as a sex offender was sentenced today to 21 months in federal prison.
Christopher Pate, age 44, of Cedar Falls, Iowa, received the sentence after a December 15, 2014 guilty plea to one count of failing to register as a sex offender. At the guilty plea hearing, Pate admitted that he moved from North Carolina to Iowa and did not register as a sex offender in Iowa. Pate was required to register because of his 2001 Black Hawk County conviction for sexual abuse in the third degree.
Pate was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Pate was sentenced to 21 months’ imprisonment. A special assessment of $100 was imposed, and Pate 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 the United States Marshals Service, the Iowa Division of Criminal Investigation, and the Black Hawk 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 14-2050.
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Synthetic Drug Sales Send A Mother and Her Son to Federal PrisonRead the Press Release
A mother and her son who were convicted of selling synthetic cannabinoids (commonly known as “K2”) and synthetic cathinones (commonly known as “bath salts”) from two eastern Iowa businesses were sentenced today in federal court in Cedar Rapids to [several years in] federal prison.
“Synthetic drugs are illegal and present a grave danger to our community, particularly our children,” said United States Attorney Kevin Techau. “Iowans can be very proud of the hard work and cooperation by federal, state and local law enforcement that brought these important cases to a successful conclusion.”
“The manufacture, sale, and abuse of synthetic drugs represents a clear and detrimental danger to our society,” said Drug Enforcement Administration (DEA) Resident Agent in Charge Scott Smith. “These substances serve no legitimate purpose other than to generate a powerful intoxication for the user while generating enormous illicit profits for the criminal organizations who pander them. These powerful chemicals are generally manufactured and produced in a foreign laboratory environment without safety protocols nor concerns for their potential negative effects which ultimately leaves the users at great risk of death.”
“It is DEA’s global footprint pledge, with the assistance of our law enforcement partners, to remain vigilant in our pursuit of identifying, investigating, arresting, and seizing any illicit assets from those criminal organizations who continue to circumvent the law by producing, transporting, and distributing synthetic drugs. Today’s announcement represents the culmination of months of teamwork between state, local, and federal partners. It should serve notice to any criminal organization operating with a nexus to Iowa that law enforcement will not obscurely stand in the shadows, but rather will utilize all available resources to bring them to justice and hold them accountable for their actions.”
The Ramos’s Convictions and Sentences
Mary Ann Ramos, age 53, from Evansdale, Iowa, received the prison term after a June 26, 2014, jury verdict finding her guilty of four counts: (1) distribution of the synthetic drug XLR-11; (2) distribution of the synthetic drug alpha-PVP; (3) possession with intent to distribute XLR-11; and (4) possession with intent to distribute alpha-PVP. The jury acquitted Mary Ramos of a charge of possessing a firearm in furtherance of a drug crime. Mary Ramos was sentenced by United States District Court Chief Judge Linda R. Reade to 60 months’ imprisonment to be followed be a 3-year term of supervised release. She was also ordered to pay a special assessment of $400.
Earl James Ramos, age 26, from Evansdale, Iowa, received the prison term after a June 13, 2014, guilty plea to one count of distributing the controlled substance analogue pentedrone. Earl Ramos was sentenced by Chief Judge Reade to 57 months’ imprisonment to be followed be a 3-year term of supervised release. He was also ordered to pay a special assessment of $100.
There is no parole in the federal system. Both Mary Ramos and Earl Ramos are being held in the United States Marshal’s custody until they can be transported to federal prison.
The Dangers of Synthetic Drugs
According to information disclosed at a January 23, 2015, sentencing hearing, synthetic drugs present a significant threat to public safety.
Synthetic cannabinoids are substances synthesized in laboratories that mimic the biological effects of THC, the main psychoactive ingredient in marijuana. These chemicals were initially used in the 1980s as research tools to develop novel therapies for various clinical conditions. Other synthetic cannabinoids were synthesized in the mid-1990s and studied to further advance the understanding of drug-receptor interactions regarding the cannabinoid system. Drug traffickers have diverted these research chemicals from their former, legitimate, use, for sale to users seeking to obtain a high. Adverse effects of synthetic cannabinoids on the human body include hallucinations, paranoia, tachycardia, and even death. Due to their sometimes professional-looking packaging, nominal ingredient lists, availability at otherwise-legitimate storefronts, and false marketing as a legal or safe form of marijuana, customers often incorrectly assume the synthetic cannabinoid products are legal or otherwise safe to consume. The drug traffickers frequently mislabel the packages of synthetic cannabinoids as “potpourri” or “incense” and incorrectly assume that marking the packages as “not for human consumption” provides a legal defense to criminal prosecution.
For the past several years, there has also been a growing use of, and interest in, synthetic cathinones sold under the guise of “bath salts” or “plant food.” These products are comprised of a class of dangerous substances perceived to mimic cocaine, LSD, MDMA, and/or methamphetamine. Users have reported impaired perception, reduced motor control, disorientation, extreme paranoia, and violent episodes. The long-term physical and psychological effects of use are unknown but potentially severe. The American Association of Poison Control Centers reported 2,656 calls related to synthetic cathinone (“bath salts”) exposures in 2012 and overdose deaths have been reported as well.
These products have become increasingly popular, particularly among teens and young adults and those who mistakenly believe they can bypass the drug testing protocols of employers and government agencies to protect public safety. They are sold at a variety of retail outlets, in head shops, and over the Internet. However, they have not been approved by the Food and Drug Administration (FDA) for human consumption or for medical use, and there is no oversight of the manufacturing process.
The Ramos’s Offenses of Conviction
The evidence at Mary Ramos’ June 2014 trial showed that Mary Ramos sold a drug called XLR-11 under various brand names including “Mister Nice Guy,” “Mr. Happy,” “Diablo,” “Insane,” “Hydro,” “LOL,” and “777.” XLR-11 is a synthetic cannabinoid similar to THC, but the substances were labeled as incense or potpourri, and labeled as “not for human consumption.” Evidence at trial showed Ramos sold the XLR-11 products from a store where she worked in Cedar Rapids and offered smoking papers along with the XLR-11 products she sold to undercover officers. The evidence also showed Ramos charged about $25 for a single package of purported “incense.”
Ramos also sold a drug called Alpha-PVP under the brand name “Blue.” Alpha-PVP is a form of synthetic cathinone, which is a stimulant similar to methamphetamine or cocaine. The “Blue” substance was falsely labeled as scouring powder, and sold by Ramos for $50 per jar, despite the fact that Alpha-PVP has no cleaning properties. Each $50 jar of “Blue” contained less than half a gram of powder. A witness at trial testified that using “Blue” was just like using methamphetamine.
At the time Ramos sold and possessed the Alpha-PVP, that substance was an illegal controlled substance analogue under federal law. The term “controlled substance analogue” refers to a substance that is chemically similar to, and has substantially similar or greater effects on humans than a substance in Schedule I or II of the Controlled Substances Act. Controlled substance analogues are illegal under federal law if intended for human consumption. The evidence at trial showed Ramos not only sold the synthetic drugs from a store where she worked in Cedar Rapids, but also sold the “bath salts” and “K2” from her car to a confidential informant during the nighttime.
(The above images depict packages of “Blue” possessed by Mary Ramos).
Earl James Ramos was convicted of distributing pentedrone, another synthetic “bath salt,” from a convenience store he managed in Waterloo. At the time he sold the pentedrone, it was an illegal controlled substance analogue under federal law.
Court documents reflect that Earl Ramos was the manager of the Five Star Snacks and I‑Wireless store in Waterloo, Iowa. Beginning in at least 2012, Earl Ramos began selling synthetic drugs from the Five Star Snacks store and from other locations at the request of certain customers. Earl Ramos sold synthetic cannabinoid products with the brand names of “Mr. Nice Guy,” “KMA,” “LOL,” “Caution,” “California Dreams,” “Diablo,” “Hydro Kush,” “King Kong,” “Mr. Happy,” “Insane,” and “Hydro 777.” Earl Ramos sold synthetic cathinones under the brand names of “Diamond,” “White Angel,” “Pump It,” and “Blue.” The substance contained in the containers of “Diamond” and “Pump It” was pentedrone. The substances contained in the containers of “Blue” were Alpha-PVP. Earl Ramos’s store and home were searched in June 2013 and again in March 2014. During both searches, agents seized synthetic cannabinoids and synthetic cathinones, as well as firearms.
The Organized Crime Drug Enforcement Task Force and Project Synergy
The Ramos cases were 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 DEA Task Force consisting of the DEA, the Linn County Sheriff's Office, the Cedar Rapids Police Department, the Marion Police Department, the Iowa Division of Narcotics Enforcement, and the Sixth Judicial District Department of Correctional Services; the Tri-County Drug Enforcement
Task Force; the Federal Bureau of Investigation (FBI); the Department of Homeland Security; the Internal Revenue Service (IRS); and the Iowa Division of Criminal Investigation, Intelligence Division.
Search warrants executed at the Ramos’s homes and businesses in June 2013 were conducted as part of Project Synergy, a global takedown of synthetic drug manufacturers and distributors. In Project Synergy enforcement actions between December 2012 and June 2014, more than 227 arrests were made and 416 search warrants served in 35 states, 49 cities and five countries, along with more than $51 million in cash and assets seized. Altogether, 9,445 kilograms of individually packaged, ready-to-sell synthetic drugs, 299 kilograms of cathinone drugs (the falsely labeled “bath salts”), 1,252 kilograms of cannabinoid drugs (used to make the so-called “fake pot” or herbal incense products), and 783 kilograms of treated plant material were seized. Project Synergy was coordinated by DEA’s Special Operations Division, working with the DEA Office of Diversion Control, and included cases led by DEA, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI), the FBI, and the IRS. In addition, law enforcement in Australia, Barbados, Panama, and Canada participated, as well as a multitude of state and local law enforcement members.
The Ramos cases were 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 for Mary Ramos is 13-CR-2034-LRR. The case file number for Earl Ramos is 14-CR-2014-LRR.
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Three Face Federal Methamphetamine Conspiracy ChargesRead the Press Release
Erika Lynn Parker, age, 37 from Rockford, Iowa, and Shawn Benedict Zimmerman, age 42, from Clear Lake, Iowa, have been charged with conspiracy to distribute methamphetamine, and possessing methamphetamine with intent to distribute. The charges are contained in an indictment unsealed today in United States District Court in Cedar Rapids. In a separate indictment, also unsealed today in United States District Court in Cedar Rapids, William Allan Odell, II, 43, from Mason City, Iowa, was charged with conspiracy to distribute methamphetamine and possessing methamphetamine with intent to distribute.
Both indictments allege that from on or about June 2014, to December 2014, the three defendants conspired to distribute methamphetamine and possessed with intent to distribute methamphetamine.
If convicted on all charges, O’Dell faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, $200 in special assessment, and 5 years up to life of supervised release following any imprisonment; Parker faces 20 years’ imprisonment, a $1,000,000 fine, $200 in special assessments, and 3 years of supervised release following any imprisonment; and Zimmerman faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 40 years’ imprisonment, a $5,000,000 fine, $200 in special assessment, and 4 years of supervised release following any imprisonment.
O’Dell, Parker, and Zimmerman appeared today in federal court in Cedar Rapids, Iowa. Erika Parker was released on bond. Zimmerman and O’Dell were held without bond. Zimmerman’s next appearance is for a detention hearing set for March 3 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 Jack Lammers and was investigated by the North Central Iowa Narcotics Task Force, Cerro Gordo County Sheriff’s Office, Mason City Police Department, and Iowa Division of Narcotics Enforcement.
Court file information is available at https://ecf.iand.uscourts.gov. The case file number for Parker and Zimmerman is 15-3011, and for O’Dell is 15-3010.
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Storm Lake Man Sentenced to Federal Prison for Credit Card ScamRead the Press Release
A man who committed multiple frauds in connection with fraudulent credit cards was sentenced February 27, 2015, to more than 4 years in federal prison.
Yoirlan Tome Rojas, 34, from Storm Lake, Iowa, received the prison term after an October 23, 2014, jury verdict finding him guilty of two counts of using a counterfeit access device; one count of possession of fifteen or more counterfeit access devices; one count of money laundering; and two counts of aggravated identity theft.
Evidence at trial showed Rojas manufactured credit cards using stolen data, and utilized those cards to conduct purchases at Walmart and various other places of business in the Storm Lake, Iowa, area. Rojas would use the manufactured credit cards to purchase gift cards to later use to make “legitimate” purchases. At least two of the cards Rojas utilized belonged to individuals who reported unauthorized use of their credit cards.
Rojas was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Rojas was sentenced to 51 months’ imprisonment. A special assessment of $600 was imposed. He must also serve a two-year term of supervised release after the prison term. There is no parole in the federal system.
Rojas 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 Storm Lake Iowa Police Department and the United States Secret Service.
Court file information is available at https://ecf.iand.uscourts.gov. The case file number is 14-4015.
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Media AdvisoryRead the Press Release
There will be a press conference held on Monday, March 2, 2015, following the sentencing in United States v. Mary Ann Ramos, Northern District of Iowa Case Number 13-2034.
The sentencing hearing will be held at the United States Courthouse in Cedar Rapids, 111 Seventh Avenue SE, beginning at 3:00 p.m. The press conference will be held at the United States Attorney’s Office on the second floor of the Courthouse. United States Attorney Kevin W. Techau and representatives of the investigating agencies, including the Drug Enforcement Administration and the Iowa Division of Narcotics Enforcement, will comment on the case.
Press releases and interview opportunities will be available. Representatives from the United States Attorney’s Office will escort any members of the media with camera equipment to the location of the press conference. Please note that cameras are not allowed elsewhere in the building.
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