Northern District of Iowa
Press releases recorded for this federal judicial district.
Wisconsin Man Sentenced to over 19 Years on Child Exploitation ChargesRead the Press Release
A man who transported a minor across state lines with the intent to engage in criminal sexual activity was sentenced February 24, 2015, to over 19 years in federal prison.
Christopher Heath-Lowther, age 30, of Platteville, Wisconsin, received the sentence after a November 3, 2014, guilty plea to one count of transporting a minor across a state line with intent to engage in criminal sexual activity and one count of traveling across a state line for the purpose of engaging in illicit sexual conduct. At the guilty plea hearing, Heath-Lowther admitted that, between December 2013 and February 2014, he traveled from Wisconsin to Iowa to meet a 14-year-old female and transported her to Wisconsin for the purpose of engaging in sex acts with her.
Heath-Lowther was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Heath-Lowther was sentenced to 235 months’ imprisonment. A special assessment of $200 was imposed, and Heath-Lowther must also serve a 10-year term of supervised release. He must comply with all sex offender registration and public notification requirements.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Federal Bureau of Investigation, the Platteville, Wisconsin, Police Department, and the Maquoketa Police Department.
This case was brought as part of Project Safe Childhood (PSC), 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, PSC 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 14-1014.
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Chicago Man Sentenced to over 30 Years in Federal Prison for Distributing Heroin Resulting in Overdose DeathRead the Press Release
A Cedar Rapids man who sold heroin that caused a heroin overdose death was sentenced today to more than 30 years in federal prison.
Ramon Cortez Freeman, age 35, from Chicago, Illinois, received the prison term after a November 24, 2014 guilty plea to distribution of heroin resulting in death, three counts of distributing heroin, and being a felon in possession of a firearm and ammunition.
At the plea hearing, Freeman admitted he distributed heroin to another individual in January 2014 who used it and died of an overdose. Freeman also admitted to distributing heroin in February and twice in July. Officer Bryan Furman with the Cedar Rapids Police Department and DEA Task Force testified that the purity of heroin seized or purchased by DEA in eastern Iowa has substantially increased over the past five years. Officer Furman testified that, historically, heroin distributors have “cut” their heroin with other substances to increase the quantity and generate more profits. This “cutting” of the heroin resulted in heroin purities as low as 1% going to the ultimate users. In recent years, however, a new heroin business model has apparently emerged in Cedar Rapids, as heroin seized or purchased by DEA has been testing as high as nearly 90% pure—even for smaller quantities of the type being used by addicts. Because a common dosage unit for heroin is one-tenth of a gram or less—all of which is used at once—people using the extremely pure heroin are often unknowingly ingesting several times more of the drug than they intended. The increase in heroin purity has coincided with the increases in reported overdoses and deaths from heroin in eastern Iowa. Court documents reflect the heroin distributed by Freeman in February and July was determined to be around 70% pure.
In addition to the heroin charges, Freeman was sentenced for possessing a stolen .45 caliber pistol loaded with seven rounds of ammunition in April 2014. Freeman had previously been convicted of three drug felonies in Chicago, Illinois.
Freeman was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Freeman was sentenced to 365 months’ imprisonment on the death charge, 240 months’ imprisonment on the heroin distribution charges, and 120 months’ imprisonment on the firearm charge. The sentences were all ordered to be run concurrently. A special assessment of $500 was imposed, and he was ordered to make $9,782.84 in restitution to the family of the overdose victim. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Freeman is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Drug Enforcement Administration (DEA) Task Force consisting of the DEA, Linn County Sheriff's Office, Cedar Rapids and Marion Police Departments, Iowa Division of Narcotics Enforcement, and the Sixth Judicial District Department of Correctional Services, and was prosecuted by Assistant United States Attorney Dan Chatham.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR14-100-1-LRR.
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Olin Man Pleads Guilty to Mail Fraud and Using Fire to Commit A Federal FelonyRead the Press Release
A man who submitted a fraudulent insurance claim after deliberately setting fire to his vacant home pled guilty today in federal court in Cedar Rapids.
James Marvin Plower, age 50, from Olin, Iowa, was convicted of one count of mail fraud and one count of using fire to commit a federal felony.
At the plea hearing, Plower admitted that, between about July 2013 and August 2014, he made upon a scheme to defraud his insurance company. Plower admitted that, as part of the scheme, he deliberately set fire to his vacant home in Martelle, Iowa, and then submitted an insurance claim in which he falsely claimed the fire was accidental. Plower also admitted that, as part of the scheme, he caused the insurance company to mail him a check for $66,497.46.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Plower was released on bond pending sentencing. Plower faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of 30 years’ imprisonment, a $250,000 fine, $200 in special assessments, and up to 6 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Peter Deegan and was investigated by Iowa Division of Criminal Investigation, United States Postal Inspection Service, Iowa State Fire Marshal Division, and the Jones County Sheriff’s Department.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-12-LRR.
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Dubuque Woman Pleads Guilty to Violating the Anti-Structuring RegulationsRead the Press Release
Contact: Steve Young
A Dubuque woman who broke up cash deposits to avoid federal reporting requirements pled guilty on February 17, 2015, in federal court in Cedar Rapids.
Janet E. Malone, 68, from Dubuque, Iowa, was convicted of one misdemeanor count of willful violation of an anti-structuring regulation.
In a plea agreement, Malone admitted that she made 12 structured cash deposits totaling $89,100.00 into her bank account. The deposits were made approximately one year after IRS agents warned Malone’s husband, in her presence, that structuring laws forbid such transactions.
Sentencing before United States District Court Magistrate Judge Jon S. Scoles will be set after a presentence report is prepared. Malone remains free on bond previously set pending sentencing. Malone faces a possible maximum sentence of less than one years’ imprisonment, a $100,000.00 fine, $25.00 in special assessments, and up to one year of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Matthew J. Cole and was investigated by the Internal Revenue Service.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-01006.
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Iowa Home Care Company to Pay $5.63 Million to Settle False Claims Act AllegationsRead the Press Release
Contact: Steve Young
CEDAR RAPIDS – ResCare Iowa Inc. has agreed to pay $5.63 million to the United States and the state of Iowa to resolve allegations that it violated the False Claims Act by submitting false home healthcare billings to the Medicare and Medicaid programs, the Department of Justice announced today. ResCare Iowa – a subsidiary of Louisville, Kentucky, based ResCare Inc. – provides home healthcare services to patients in the state of Iowa.
“We commenced this investigation due to concerns that this provider was not complying with the rules and was not submitting accurate claims for payment,” said U.S. Attorney Kevin W. Techau of the Northern District of Iowa. “When the government pays for home-based medical services, we are dedicated to ensuring the money is well spent and medically deserving patients receive the care to which they are entitled.”
“Home health agencies that bill Medicare and Medicaid must follow the rules,” said Acting Assistant Attorney General Joyce R. Branda of the Justice Department’s Civil Division. “This settlement demonstrates the Department’s commitment to safeguarding taxpayer dollars and ensuring that they are used to provide medically necessary services to federal health care beneficiaries.”
The rules of both Medicare and the state of Iowa’s Medicaid program require an independent physician to certify that home healthcare services are medically necessary and to order the specific type and amount of healthcare services to be provided by the home health agency. Additionally, since 2011, Medicare and Iowa Medicaid rules require these independent physicians to perform an in-person “face-to-face” assessment of each patient before the home health agency can bill the government for any home healthcare services. The settlement resolves allegations that between 2009 and 2014, ResCare Iowa billed the government for services provided to Medicare and Medicaid patients in Iowa without documenting compliance with these requirements.
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“Home health care providers that receive Medicare and Medicaid funds must abide by rules designed to ensure taxpayer funds are spent properly and that patients receive the appropriate care,” said Special Agent in Charge Gerald T. Roy of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “We will continue to hold health care providers accountable for submitting improper claims.”Medicaid is jointly funded by the states and the federal government. The state of Iowa, which paid part of the Medicaid funds at issue, will receive $2.32 million of the settlement amount.
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $23.6 billion through False Claims Act cases, with more than $15.1 billion of that amount recovered in cases involving fraud against federal health care programs.
This settlement was the result of a coordinated effort by the Civil Division, Assistant U.S. Attorney Jacob Schunk for the Northern District of Iowa, HHS-OIG, and the Iowa Attorney General’s Office. The claims settled by this agreement are allegations only, and there has been no determination of liability.
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Man Sentenced to Prison for Illegal Re-Entry After Being Deported for an Aggravated FelonyRead the Press Release
Contact: Steve Young
A man who re-entered the United States following an aggravated felony conviction was sentenced on February 5, 2015, to 18 months’ in prison.
Cesar Toledo-Aguilar, age 33, 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, Toledo-Aguilar admitted he had re-entered the United States without permission after being removed from the country on May 5, 2001. On October 14, 2015, Toledo-Aguilar was encountered by ICE agents after being arrested in Sioux County, Iowa, for supplying alcohol to an underage person. Toledo-Aguilarhad been convicted of aggravated assault in the Superior Court of Cobb County, Georgia on July 29, 1999.
Toledo-Aguilar was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Toledo-Aguilar was sentenced to 18 months’ imprisonment. He must also serve a 1-year term of supervised release. A special assessment of $100 was imposed. There is no parole in the federal system.
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 14-CR-4080.
Four Members of Meth Conspiracy Sentenced to Federal PrisonRead the Press Release
Contact: Steve Young
Three men and one woman who conspired to distribute methamphetamine were sentenced to federal prison.
Three members of the conspiracy from Fort Dodge, Iowa - Robert Ackerman, 36; Shawn Owen, 37; Deidre Schlachter, 45; and Donald Smith, 42, from Huntington Beach, California, all plead guilty to conspiracy to distribute methamphetamine.
At their respective guilty plea hearings, each admitted their involvement in the conspiracy from about January 2009 and continuing through about December 2013 that distributed more than 500 grams of methamphetamine in the Fort Dodge, Iowa, area. Smith made arrangements to ship (mail) methamphetamine from California to Iowa to Owen, Schlachter, and Ackerman in exchange for cash being shipped (mailed) by Owens, Schlachter, and Ackerman to Smith in California. On April 25, 2013, law enforcement seized a Fed-Ex overnight envelope (in transit) from Smith to Schlachter. The Fed-Ex package contained 10.44 grams of 100% pure methamphetamine.
The defendants were sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Ackerman was sentenced to 35 months’ imprisonment; Owen was sentenced to 48 months’ imprisonment; Schlachter was sentenced to 33 months’ imprisonment; and Smith was sentenced to 120 months’ imprisonment. Each must pay a special assessment of $100. Each must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
All defendants 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 Shawn S. Wehde and investigated by the Iowa Department of Narcotics Enforcement, Iowa Division of Criminal Investigation, Fort Dodge Police Department, Webster City Police Department, Webster County Sheriff’s Office, Hamilton County Sheriff’s Office, Hardin County Sheriff’s Office, and Iowa Falls Police Department.
Court file information is available at https://ecf.iand.uscourts.gov. The case file number is 13-3055.
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Dubuque Man Pleads Guilty to Wire Fraud and Filing False Tax ReturnsRead the Press Release
Contact: Steve Young
A former Controller of a Dubuque company, who embezzled more $340,000 from the company, pled guilty today to one count of wire fraud and one count of filing false tax returns.
In a plea agreement, Michael Schute, age 50, from Dubuque, Iowa, admitted he embezzled the money from the 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.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Schute remains free on bond pending sentencing. Schute faces a possible maximum sentence of 23 years’ imprisonment, a $500,000 fine, or twice the amount of funds embezzled, $200 in special assessments, and up to four years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney C.J. Williams and was investigated by the Internal Revenue Service and the Dubuque Police Department.
Court file information is available at ttps://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-cr-1003-LRR.
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Cedar Rapids Man Pleads Guilty to Attempting to Obstruct Forfeiture ProceedingsRead the Press Release
Contact: Steve Young
A man who was convicted of multiple fraud, aggravated identity theft, and tax charges in 2013, pled guilty today to attempting to obstruct the federal government’s efforts to forfeit his real property to be used as restitution for his fraud victims.
Randy Beltramea, age 50, from Cedar Rapids, Iowa, pled guilty to four counts of attempting to obstruct justice.
At the plea hearing, Beltramea admitted he attempted to impede and hinder the federal government’s efforts to forfeit a real estate development, the proceeds from which were to be used to pay restitution to the victims of his fraud. Beltramea pled guilty to all four counts of the indictment. The indictment alleged that Beltramea owned a housing development project near Mt. Vernon, Iowa, called Castlerock Estates, which consisted of approximately 80 acres of land, part of which had been plotted into separate lots with road and utility access.
In 2013, Beltramea was indicted by a federal grand jury, which charged him with a number of offenses including fraud charges related to obtaining money from people under false pretenses and using the funds for, among other things, funding the Castlerock development. The indictment gave notice that the United States intended to forfeit, among other property, all of the real property constituting the Castlerock development. In October 2013, Beltramea pled guilty to eight of the sixteen counts of the indictment. In December 2013, the court entered a preliminary order of forfeiture on the real property constituting the development.
Unbeknownst to the United States or the court, while the indictment and forfeiture proceedings were pending against Beltramea he sold two lots in the development for approximately $160,000. He also filed a mortgage, in his mother’s name, on the remaining lots claiming the property had been pledged as collateral for a loan from his mother in excess of $300,000. This conduct was intended to impede the government’s ability to forfeit the Castlerock development and use the proceeds to pay the victims of his fraudulent conduct.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Beltramea remains in custody pending sentencing. Beltramea faces a possible maximum sentence of 80 years’ imprisonment, a $1 million fine, $400 in special assessments, and up to 12 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney C.J. Williams and was investigated by the Internal Revenue Service.
Court file information is available at ttps://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-cr-0095-LRR.
Cedar Rapids Man Pleads Guilty to Possession of A FirearmRead the Press Release
Contact: Steve Young
A man who was carrying a stolen firearm in a car pled guilty today in federal court in Cedar Rapids.
Michael Hicks, age 25, from Cedar Rapids, Iowa, was convicted of one count of being an unlawful drug user in possession of a firearm.
At the plea hearing, Hicks admitted that in January 2010, at a time when he was an unlawful user of marijuana, he possessed a stolen handgun. Hicks was a passenger in a car pulled over by police officers during a traffic stop in Benton County, Iowa. During the traffic stop the sheriff’s deputy discovered a handgun in defendant’s possession.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Hicks remains free on bond pending sentencing. Hicks faces a possible maximum sentence of ten years’ imprisonment, a $250,000 fine, $100 in special assessments, and up to three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney C.J. Williams and was investigated by the FBI, the Benton County Sheriff’s Office, and the Cedar Rapids Police Department. The investigation and prosecution is part of the ongoing operation of the FBI Safe Streets Task Force based in Cedar Rapids, Iowa.
Court file information is available at ttps://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-cr-8-LRR.
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National Slavery and Human Traffic Prevention Month: US Attorney and Iowa DOT CollaborationRead the Press Release
Contact: Steve Young
The United States Attorney for the Northern District of Iowa and Iowa’s Motor Vehicle Enforcement (MVE) joined forces at the Flying J Travel Plaza and Road Ranger Truck Stop in Evansdale, Iowa, over the lunch hour on January 30, 2015, to bring awareness to the multi-million dollar criminal enterprise of human trafficking.
President Barack Obama proclaimed January as National Slavery and Human Trafficking Prevention Month. In his proclamation, he expressed we all should be working together to combat human trafficking, prosecute the perpetrators, and help victims recover and rebuild their lives. President Obama stated, “We stand with the survivors, advocates, and organizations dedicated to building a world where our people and our children are not for sale.”
US Attorney Kevin W. Techau joined forces with MVE Chief David Lorenzen, at the two truck stops near Waterloo, Iowa, to address the national criminal enterprise of human trafficking, a term for modern-day slavery. Techau noted, “Human trafficking is a scourge that threatens lives across the globe. It happens every minute of every day. Traffickers recruit out of our schools, online, in shopping malls, as well as the streets and other locations.” He further noted, “These victims are often women and girls pressed into prostitution, but they are also men, women, and children who are ordered to work in restaurants, massage parlors, and private homes for no pay under deplorable conditions. These vulnerable victims need to be identified and rescued.”
United States Attorneys’ Offices across the country, in partnership with the DOJ’s Human Trafficking Prevention Unit and Child Exploitation and Obscenity Division, have played a significant role in prosecuting human traffickers. Over 800 cases between fiscal years 2009-2014 were prosecuted for labor and sex trafficking crimes.
In 2009, Truckers Against Trafficking (or TAT), a nonprofit organization, was created as a way to bring education, awareness and empowerment to truck drivers across the nation to spot and report signs of human trafficking. Truck drivers are often in areas where trafficking can occur. Being able to spot the signs and knowing how to report suspicious behavior can go a long way in fighting this crime. TAT Executive Director, Kendis Paris endorses Iowa’s collaborative approach. “Bringing law enforcement and key industry stakeholders together to further awareness and combat trafficking is what our organization is all about,” Ms. Paris notes that Iowa has set the standard for the rest of the nation with its proactive approach.
Chief Lorenzen serves on TAT’s national board and has been active in addressing this issue within the state. “It was common sense that thrust Iowa into becoming active in fighting this hideous criminal nightmare. Our officers take this initiative seriously and interact with trucker drivers and concerned citizens daily.”
He highlighted the department’s numerous initiatives that serve as a model around the nation, stressing, “A conversation about fighting human trafficking occurs with every truck driver his 130 officers encounter.” He noted that Iowa’s model includes the distribution of wallet cards and window clings to drivers following each encounter with department officers. Educational materials are available at rest stops and weigh stations. TAT’s logo and national hotline number is prominently displayed on the department’s website. Additionally, last year training for enforcement agencies along the Interstate 80 and 35 corridors was held. Chief Lorenzen also mentioned that his department has a strong working relationship with the Iowa Motor Truck Association and various motor carriers centering on this initiative.
Techau and Lorenzen pledged to keep this issue on the front burner as they continue their collaborative relationship to educate, investigate, prosecute, and help victims rebuild their lives.
The Truckers Against Trafficking website is a good resource to inform truck drivers and other travelers on the issues involved.
Visit TAT’s website at: https://www.truckersagainsttrafficking.orgFor more information in this issue you may visit either PSA link below:
https://www.youtube.com/watch?v=LREG8RYUeFU
https://www.youtube.com/watch?v=x32XMAutyyw
Two Minnesota Men Sentenced to Federal Prison for Meth-Distribution ConspiracyRead the Press Release
Contact: Steve Young
Two men who conspired to distribute methamphetamine were each sentenced January 26, 2015, to more than 11 years in federal prison.
Isaias Vasquez-Amaya, age 31, of Crystal, Minnesota, received the prison term after a November 13, 2014, guilty plea, and Jose Nicolas Vasquez-Mendez, age 30, of Crystal, Minnesota, received his prison term after an October 10, 2014, guilty plea. Each pled guilty to conspiracy to distribute methamphetamine.
Information provided by the United States at the sentencing’s and change of plea hearings showed Vasquez-Mendez distributed methamphetamine to confidential informants during his involvement in the conspiracy from February 2014 through August 27, 2014. Vasquez-Amaya was involved in controlled buys from undercover officers on numerous occasions and was responsible for the distribution of more than 500 grams of actual (pure) methamphetamine. Both were in possession of more than 600 grams of actual (pure) methamphetamine on August 27, 2014, during a traffic stop.
Vasquez-Amaya and Vasquez-Mendez were sentenced in Cedar Rapids, Iowa, by United States District Court Chief Judge Linda R. Reade. Each were sentenced to 135 months’ imprisonment. Both must also serve a 5-year term of supervised release after the prison term. Vasquez-Amaya was ordered to pay a $200 special assessment and Vasquez-Mendez was ordered to pay a $100 special assessment. There is no parole in the federal system.
Both 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 John Lammers and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Federal Bureau of Investigation, the Iowa Department of Public Safety Division of Narcotics Enforcement, the Iowa State Patrol, the North Central Iowa Narcotics Task Force, and the South Central Drug Investigation Unit out of Minnesota.
Court file information is available at https://ecf.iand.uscourts.gov. The case file number is 14-3047.
Remsen Man Pleads Guilty to Violations of Clean Water ActRead the Press Release
Contact: Steve Young
A man who was employed by a pork processing plant and oversaw the facility’s wastewater treatment lagoons pled guilty on December 16, 2014, in federal court in Sioux City to knowingly discharging a pollutant thereby resulting in a fish kill.
Michael J. Wolf, age, 57 from Remsen, Iowa, was convicted of one count of discharging pollutant in a water of the United States.
At the plea hearing, Wolf admitted in or about August, 2012, Sioux-Preme Packing Corporation contracted with a company to remove and replace debris from the SPC wastewater treatment lagoons, and that beginning on October 23, 2012 and continuing to October 24, 2012, he discharged the contents of the treatment lagoons (which included pollutants such as biological material and agricultural waste) through a valve, pipe and pump building into a tributary of the West Branch of the Floyd River. Wolf admitted that between October 23 and 24th, 2012, he intentionally and unlawfully discharged approximately 845,000 gallons of untested wastewater and pollutant into the tributary over an 11.5 hour period.
On October 27, 2012, the IDNR Spencer Field Office received reports of cloudy water and stressed fish downstream of the SPC facility and began investigating. Two days later, IDNR investigators observed dead fish and discolored water downstream of the SPC facility.
On November 2, 2012, the Iowa Department of Natural Resources Fisheries Bureau finished conducting their fish kill assessment. Based on observations by fisheries staff from the confluence of the unnamed tributary and West Branch of the Floyd River, and extending downstream 11.13 miles, fish of various species were killed and more were otherwise negatively affected by the criminal discharge. .
Sentencing before United States District Court Judge Donald E. O’Brien will be set after a presentence report is prepared. Wolf remains free on bond previously set pending sentencing. Wolf faces up to three years’ imprisonment, a fine of not less than $5,000 up to $50,000 per day of violation, $100 in special assessment, and up to one year of supervised release following any imprisonment.The case was investigated by the United States Environmental Protection Agency and the Iowa Department of Natural Resources and is being prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-4091.
Man Pleads Guilty to Second Degree Murder on the Meskwaki Nation SettlementRead the Press Release
Contact: Steve Young
A man who used a knife to kill another man on the Meskwaki Nation Settlement pled guilty today in federal court in Cedar Rapids.
Jonathan Youngbear, 21, from the Meskwaki Nation Settlement, Iowa, was convicted of 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.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Youngbear remains in custody of the United States Marshal pending sentencing. Youngbear faces a possible maximum sentence of up to life imprisonment, a $250,000 fine, $100 in special assessments, and five years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorneys Tony Morfitt and Pete Deegan 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/cgi-bin/login.pl. The case file number is 14-CR-00046.
Hiawatha Man Pleads Guilty to Attempting to Cook Meth That Started Mobile Home FireRead the Press Release
Contact: Steve Young
A man whose attempt at cooking methamphetamine resulted in a fire that damaged several mobile homes in Hiawatha pled guilty on January 27, 2015, in federal court in Cedar Rapids.
Michael Landon Monroe Lala, age 28, from Hiawatha, Iowa, was convicted of attempt to manufacture methamphetamine.
In a plea agreement, Lala admitted that he manufactured methamphetamine many times between April 2012 and May 2014, and that he recruited others to purchase pseudoephedrine for him so he could make meth. Lala also admitted that on November 13, 2013, he was in the process of cooking meth via the “one-pot” method when the bottle he was using in the manufacturing process tipped over, causing a fire. A 14-year-old and the owner of the mobile home in Hiawatha where Lala was cooking the meth were also present in the mobile home when the fire started. The mobile home where the fire started was destroyed, and five neighboring mobile homes were also extensively damaged. Three of the other damaged mobile homes were occupied at the time of the fire. One of those residences was occupied by two adults and four minor children, another by one adult, and a the third residence by two adults.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Lala remains in custody of the United States Marshal pending sentencing. Lala faces a possible maximum sentence of 20 years’ imprisonment, a $1,000,000 fine, $100 in special assessments, and up to a lifetime of supervised release following any imprisonment.
The case was investigated by the Hiawatha Police Department and the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa Division of Narcotics Enforcement; and the Sixth Judicial District Department of Correctional Services, and is being prosecuted by Assistant United States Attorney Dan Chatham.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR14-100-LRR.
Postal Employee Pleads Guilty to Mail TheftRead the Press Release
Contact: Steve Young
A former postal services employee who stole mail pled guilty January 23, 2015, in federal court in Sioux City.
Danny D. Miller, 55, from Ventura, Iowa, was convicted of theft of mail by a postal services employee.
At the plea hearing, Miller admitted that from about May 2013 through July 2014, while serving as the Postmaster for Forest City, Iowa, he opened mail, specifically pain medication parcels from the Department of Veteran’s Affairs addressed to a Forest City, military veteran. Miller further admitted to stealing the contents of the packages, namely Oxycodone.
Sentencing before United States District Court Judge Mark W. Bennett will be set after a presentence report is prepared. Miller remains free on bond previously set pending sentencing. Miller faces a possible maximum sentence of 5 years’ imprisonment, a $250,000 fine, $100 in special assessments, and up to one year of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Jamie Bowers and was investigated by U.S. Postal Service Office of Inspector General.
Court file information is available at https://ecf.iand.uscourts.gov. The case file number is 14-3051.
Anamosa Man Sentenced to 14 Years Imprisonment for Manufacturing Meth Near A SchoolRead the Press Release
Contact: Steve Young
A man who attempted to manufacture methamphetamine near a school, was sentenced on January 26, 2015, to 14 years in federal prison.
Zackery Smock, 37, from Anamosa, received the prison term after a July 1, 2014, guilty plea to one count of attempted manufacture of methamphetamine by a drug felon near a school.
At the guilty plea, Smock admitted that, on March 7, 2014, he attempted to manufacture methamphetamine at a residence in Anamosa. During the course of his manufacturing, he started a fire at the residence. The residence was within 1000 feet of St. Patrick’s school in Anamosa. Evidence at sentencing showed that over 80 separate one-pot methamphetamine cooks were recovered from the basement area where Smock manufactured methamphetamine. The fire resulted in the total destruction of the residence.
Smock was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade to 168 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 6-year term of supervised release after the prison term. There is no parole in the federal system.
Smock 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 Lisa C. Williams and investigated by Anamosa Police Department, Anamosa Fire Department, Iowa Division of State Fire Marshal, 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-57.
Illegal Alien Sentenced to Two Years' Imprisonment for Illegally Reentering the United States and Using Fraudulent Identificaion DocumentsRead the Press Release
Contact: Steve Young
An alien who illegally reentered the United States after being deported and used fraudulent document to obtain employment was sentenced today to two years in federal prison.
Jaime Rodriguez-Andres, also known as Alejandro Govea-Salvador, age 41, a Mexican citizen living in Waterloo, Iowa, received the prison term after an October 10, 2014, guilty plea to one count of illegal reentry into the United States by an aggravated felon, one count of unlawful use of identification documents, and one count of making a false claim to United States citizenship.
At the guilty plea, Rodriguez-Andres admitted he re-entered the United States without permission after being removed from the country on October 6, 2005. Rodriguez-Andres was convicted on April 6, 2009, in Black Hawk County, Iowa, on forgery and identity theft charges, aggravated felonies, and removed from the United States a second time on September 16, 2009. Rodriguez-Andres also admitted that he used a Social Security card in someone else’s name in completing an employment verification form to obtain a job in Waterloo. He also falsely claimed to be a United States citizen on that employment form when he applied for work. Immigration officials became aware of Rodriguez-Andres illegal return to the United States in July 2014 after Rodriguez-Andres was arrested in Waterloo, Iowa, for assault domestic abuse causing bodily injury.
Rodriguez-Andres was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade to 24 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.
Rodriguez-Andres is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the 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-2034.
Two Sioux City Brothers Sentenced to Lengthy Prison Terms for Violent Crime SpreeRead the Press Release
Contact: Steve Young
Sioux City brothers have been sentenced to federal prison after they were convicted by a federal jury in Sioux City on August 29, 2014, following a two and one-half day jury trial.
Jamal Dean, 23, of Sioux City, was convicted of conspiracy, felon in possession of a firearm, carjacking, and two counts each of robbery, and twice brandishing a gun in furtherance of a violent crime. He was found not guilty of one count of carjacking and one count of interstate transport of a stolen vehicle. His brother, Levon Dean Jr., 25, also of Sioux City, was convicted of conspiracy, felon in possession of a firearm, and two counts each of robbery and possessing a gun in furtherance of a violent crime. He was found not guilty of both counts of carjacking and one count of interstate transport of a stolen vehicle. One count of interstate transport of a stolen vehicle was dismissed.
Evidence at trial showed the brothers conspired to rob two local drug dealers. On April 15, 2013, they traveled together from Nebraska to Iowa where they beat and robbed the first drug dealer at gunpoint inside a room at a Sioux City motel and then left with his car, methamphetamine, cash and other items. On April 24, 2013, the brothers again traveled to Iowa where they beat and robbed a second drug dealer at gunpoint inside his Sioux City home taking his car, methamphetamine, cash and other items. After both attacks the men retreated back to Nebraska.
Evidence at the sentencing hearing additionally revealed that while an Iowa arrest warrant was pending for Jamal Dean, he was a passenger in a car that was stopped by Sioux City Police Officer Kevin McCormick. Dean exited the vehicle and began firing a number of rounds at the officer, one of which struck him in the head. After this shooting, Dean fled but was captured in Texas traveling south just 70 miles from the Mexican border. Evidence at sentencing also revealed Dean had assaulted a woman and shot two other men, before shooting Officer McCormick.
Jamal Dean and Levon Dean Jr. were sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Jamal Dean was sentenced to life imprisonment. Levon Dean was sentenced to 400 months’ imprisonment, to be followed by a life term of supervised release.
There is no parole in the federal system. Both Jamal Dean and Levon Dean Jr. are being held in the United States Marshal’s custody until they can be transported to a federal prison.
Gregory Gant, Special Agent in Charge of the Kansas City Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives commended the law enforcement collaboration that this case highlights saying, "This case is a powerful example of law enforcement agencies working together to rid our neighborhoods of the most violent criminals that tear at the very fabric of our communities."
Woodbury County Sheriff David A. Drew echoed similar sentiments adding, “Once again Siouxland, in the highest traditions, has pulled together in a unified effort by police and citizens to bring these cases to resolution. Our goal is to continue this spirit of cooperation, rely upon citizen involvement and continue building upon our open relationships of mutual trust, respect and understanding.”
Kevin W. Techau, United States Attorney for the Northern District of Iowa, added, “One of the United States Department of Justice’s top priorities is helping our federal, state and local law enforcement agencies protect our nation’s communities as safe places where our citizens can live work and raise a family. Violent criminals are a threat to the law-abiding people of our communities. This case is an excellent example of the federal-state-local partnerships working today. The collaboration of all of the agencies involved was pivotal in this case and would not have been possible but for superior working relationships. My office shares great pride with our partners in successfully prosecuting the Dean brothers and bringing them to justice. It should also serve to remind others who break the law that we will continue to work to bring them to justice.”
Douglas Young, Chief of Police, Sioux City Police Department, added, “Today, the Federal Government has fulfilled its obligation to protect its citizens with the sentencing of Jamal Dean. This was a case of drugs, guns and gangs that has left a trail of victims over the past years. The successful prosecution of this case is a testament to the partnerships and relationships we have formed with our Federal, State and local agencies over the years".
The case was prosecuted as part of Project Safe Neighborhoods, a cooperative local, state, and federal program aimed at the enhanced prosecution of gun crimes. It was investigated by the Sioux City Police Department, South Sioux City Police Department, Woodbury County, Iowa Sheriff Office, Dakota County, Nebraska Sheriff’s Office, The Woodbury County, Iowa County Attorney’s Office, United States Marshal’s Service, Iowa and Texas Departments of Public Safety, Iowa Department of Motor Vehicles, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-4082.
Carroll, Iowa Man to Federal Prison for Possession of A Firearm and Meth ConspiracyRead the Press Release
Contact: Steve Young
A man who conspired to distribute methamphetamine was sentenced January 7, 2015, to ten years in federal prison.
Salvador Guiterrez, 41, from Carroll, Iowa, received the prison term after a July 31, 2014, guilty plea to conspiring to distribute methamphetamine and possession of a firearm during and in relation to a drug trafficking crime.
At the guilty plea, Gutierrez admitted his involvement in a conspiracy from 2013 through March 20, 2014 that distributed at least 812 grams of methamphetamine in the Carroll and Denison, Iowa, area. Gutierrez also admitted his possession of a firearm when he distributed methamphetamine.
Gutierrez was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Gutierrez was sentenced to 120 months’ imprisonment. A special assessment of $200 was imposed. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system. Gutierrez 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 Iowa Department of Narcotics Enforcement, Iowa Division of Criminal Investigations, Carroll County Sheriff’s Office, Carroll, Iowa, Police Department, and the Denison, Iowa, Police Department.
Court file information is available at https://ecf.iand.uscourts.gov. The case file number is 14-3031.
Mason City Man Who Traded His Dog for A Gun to Shoot His Son Sentenced to over 21 Years in Prison for Unlawful Possession of A Firearm by A FelonRead the Press Release
Contact: Steve Young
A man who possessed a firearm after having been convicted of a felony offense was sentenced today to more than 21 years in federal prison.
Billy Douglas Thorne, 58, from Mason City, Iowa, received the prison term after an April 17, 2014, jury verdict finding him guilty of one count of possession of a firearm by a felon.
The evidence at trial showed that on July 24, 2012, Thorne traded his dog for a .22 caliber rifle which he intended to use to shoot his son. Fearing that police would arrive and find the gun in his residence, Thorne had others hide the gun in a Mason City park. After Thorne was arrested on harassment charges, the gun was turned over to the police. Thorne had previously been convicted in 1997 in the State of Florida of five counts of Burglary of a Dwelling and one count of Armed Burglary, all felony offenses.
Thorne was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Thorne was found to be an Armed Career Criminal and sentenced to 262 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system. Thorne is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Bureau of Alcohol, Tobacco and Firearms, the Ankeny Police Department, and the Mason City Police Department.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-CR-3052.
Aplington Man Sentenced to Nine Years in Federal Prison for Unlawfully Possessing FirearmsRead the Press Release
Contact: Steve Young
A man who unlawfully possessed three rifles, two handguns, and 161 rounds of ammunition was sentenced today to nine years in federal prison.
Mark Harken, 32, from Aplington, Iowa, received the prison term after an August 29, 2014, guilty plea to one count of being a felon and unlawful user of methamphetamine in possession of firearms and ammunition.
At the guilty plea, Harken admitted he was a felon and unlawful user of methamphetamine, and that on April 11, 2014, he possessed five firearms, including a semi-automatic rifle. Evidence at sentencing showed that Harken, after being pulled over by an Aplington police officer on April 11, 2014, was in possession of the firearms. Following the traffic stop, Harken assaulted the officer by punching him multiple times and by pulling a handgun and pointing it at the officer. Harken fled from the police in his truck, reaching speeds of up to 95 mph, before eventually driving off road into a wooded area. Harken was eventually taken into custody after a struggle, during which officers had to use a Taser on him.
Harken was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Harken was sentenced to 108 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.
Harken 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 Anthony Morfitt and investigated by the Aplington Police Department and the Butler 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-3028.Woodbury County Felon Involved with Drugs and Guns Gets Sentence of Eleven Years in Federal PrisonRead the Press Release
Contact: Steve Young
A Sioux City man was sentenced January 13, 2015, to more than eleven years in federal prison for conspiring to distribute methamphetamine, and for illegal possession of a firearm.
Nicholas Howard Juarez, age 31, from Sioux City, received his prison term after a May 21, 2014, guilty plea to conspiracy to distribute methamphetamine, and to being a felon in possession of a firearm. Juarez was convicted in 2004 in Dakota County Nebraska District Court for a felony offense, which precluded him from lawfully possessing firearms.
Information provided by the United States at the sentencing and change of plea hearing showed Juarez’s involvement during the Spring of 2013 through January 14, 2014 in a conspiracy that distributed at least 35 grams of actual (pure) methamphetamine. Juarez possessed multiple pounds of marijuana and methamphetamine as well as several firearms. On January 18, 2014, officers arrested Juarez, and during the arrest, seized three small baggies of methamphetamine from the defendant’s shirt pocket. That same day, a search warrant was executed at the defendant’s residence, and a stolen shotgun and several other firearms and ammunition were seized.
Juarez was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Juarez was sentenced to 135 months’ imprisonment. A special assessment of $200 was imposed. He must also serve a 4-year term of supervised release after the prison term. There is no parole in the federal system.
Juarez 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 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 Marshals 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/cgi-bin/login.pl. The case file number is 14-4008.
Three More Sent to Federal Prison for Roles in Large Scale Marijuana ConspiracyRead the Press Release
Contact: Steve Young
Three men are headed to federal prison for their roles in a marijuana trafficking organization that brought large amounts of high-priced marijuana from Colorado and California to Iowa.
Jesse Tolen, Shannon Ehlts, and Corey Marx all pled guilty to conspiracy to distribute marijuana and were sentenced today in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Tolen had also pled guilty to conspiracy to commit money laundering.
- Tolen, 36, from Castella, California, was sentenced to 24 months’ imprisonment and will report to the Bureau of Prisons on a later date.
- Ehlts, 38, from Lowden, Iowa, was sentenced to nine months’ imprisonment and will report to the Bureau of Prisons on a later date.
- Marx, 29, from Cedar Rapids, Iowa, was sentenced to eight months’ imprisonment followed by a two month period of home detention. Marx is being held in the United States Marshal’s custody until he can be transported to a federal prison
All three must also serve three-year terms of supervised release after their prison terms. There is no parole in the federal system.
Tolen, Ehlts, and Marx were the last of twelve people to be sentenced in the conspiracy. Sentences for the twelve ranged from probation to 46 months’ imprisonment. The organization was dismantled through a DEA investigation that involved court-authorized wiretaps on multiple cellular phones.
The cases were prosecuted by Assistant United States Attorneys Justin Lightfoot and Matthew Cole, and investigated by the Drug Enforcement Administration (DEA) Task Force as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice. The DEA Task Force consists of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa City Police Department; 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 numbers for the twelve sentenced defendants are as follows: Mark Swanson 14-CR-66; Nels Nelson 14-CR-6; Chad Straub 14-CR-20; Robert and Brenda Leonard 14-CR-37; Tolen 14-CR-39; Matthew Fritz 14-CR-78; Ehlts 14-CR-79; Tyler Scheer 14-CR-82; Marx 14-CR-85; James Allen 14-CR-86; and Cory Kintzel 14-CR-92
- Tolen, 36, from Castella, California, was sentenced to 24 months’ imprisonment and will report to the Bureau of Prisons on a later date.
Northern District of Iowa U.S. Attorney's Office Collects $3,760,255.36 in Civil and Criminal Actions for U.S. Taxpayers in Fiscal Year 2014Read the Press Release
Contact: Steve Young
United States Attorney Kevin W. Techau announced today that the Northern District of Iowa collected $3,760,255.36 in criminal and civil actions in the fiscal year ending September 30, 2014 (FY 2014). Of this amount, $1,611,824.88 was collected in criminal actions and $2,148,430.48 was collected in civil actions.
Attorney General Eric Holder announced on November 19, 2014 that the Justice Department collected $24.7 billion in civil and criminal actions in FY 2014.
The more than $24 billion in collections in FY 2014 represents nearly eight and a half times the appropriated $2.91 billion budget for the 94 U.S. Attorney’s offices and the main litigating divisions in that same period.
“Every day, the Justice Department’s federal prosecutors and trial attorneys work hard to protect our citizens, to safeguard precious taxpayer resources, and to provide a valuable return on investment to the American people,” said Attorney General Holder. “Their diligent efforts are enabling us to achieve justice and recoup losses in virtually every sector of the U.S. economy. And this result shows the fruits of the Justice Department’s tireless work in enforcing federal laws; in protecting the American people from violent crime, national security threats, discrimination, exploitation, and abuse; and in holding financial institutions accountable for their roles in causing the 2008 financial crisis.”
United States Attorney for the Northern District of Iowa, Kevin W. Techau reinforces the importance of these actions indicating, “These collections are a vital part of our mission to vindicate crime and hold accountable those who wrongfully profit at the expense of the United States. This office is dedicated to recovering funds for the federal treasury and for victims of federal crime.”
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.
Additionally, the U.S. Attorney’s Office in the Northern District of Iowa, working with partner agencies and divisions, collected $541,517.00 in asset forfeiture actions in FY 2014. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
Fort Dodge Couple to Federal Prison for Drug ConspiracyRead the Press Release
Contact: Steve Young
A couple who conspired to distribute methamphetamine and marijuana were sentenced December 19, 2014, and January 13, 2015, to more than 10 years in federal prison.
Carl Duckett (Kifer), 32, and Jessica Duckett, 28, both from Fort Dodge, Iowa, received the prison term after August and September guilty pleas to conspiracy to distribute methamphetamine and marijuana. Carl also pled guilty to possession of a firearm by a prohibited person. In 2012, Carl and Jessica were each convicted of possession with intent to distribute a controlled substance in Iowa.
At the guilty pleas, both admitted their involvement from 2006 through October 2013 in a conspiracy that distributed at least 15 kilograms of methamphetamine and over 100 pounds of marijuana in the Fort Dodge, Iowa, area. In 2011 during a search warrant at the Duckett residence, law enforcement seized numerous growing marijuana plants, methamphetamine and several firearms. In 2013, another search warrant was executed and six ounces of methamphetamine, three pounds of marijuana and $9000 was seized from the Duckett residence.
Both were sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Carl was sentenced to 183 months’ imprisonment. Jessica was sentenced to 120 months’ imprisonment. A special assessment of $200 was imposed for Carl and $100 special assessment for Jessica. Each must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system. Both 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 Shawn S. Wehde and investigated by the Fort Dodge Police Department, the Webster County Sheriff’s Office, the Iowa Division of Narcotics Enforcement, and the 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 13-3046.
Cedar Rapids Man Sentenced to 420 Months in Federal Prison for Conspiracy to Manufacture MethamphetamineRead the Press Release
Contact: Steve Young
A man who conspired with others to manufacture and distribute methamphetamine was sentenced on January 12, 2015, to 35 years in federal prison.
Jacob William Brisbin, 28, from Cedar Rapids, Iowa, received the prison term after an October 6, 2014, guilty plea to conspiracy to manufacture and distribute a controlled substance.
Evidence presented at sentencing showed that for over the past year Brisbin was the leader of a drug trafficking organization and was responsible for the near daily manufacture of methamphetamine. During this time, Brisbin personally manufactured over 1.5 kilograms of methamphetamine. He also maintained a network of various individuals who then distributed this methamphetamine on his behalf. Brisbin also distributed “Ice” methamphetamine to various customers and possessed numerous firearms in connection with his drug trafficking operation. During the pendency of this case, Brisbin was detained in the Linn County Jail. While detained, Brisbin engaged in a pattern of behavior designed to obstruct justice by influencing the testimony of government witnesses.
Brisbin was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Brisbin was sentenced to 420 months’ imprisonment. A special assessment of $100 was imposed. He must also serve an eight year term of supervised release after the prison term. There is no parole in the federal system.
Brisbin 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 Lisa C. Williams and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Cedar Rapids Police Department, the Drug Enforcement Administration, the Iowa Division of Narcotics Enforcement, the Linn County Sherriff’s Office, the Marion Police Department, and the United States Marshall Service.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-cr-88.
Mason City Man Pleads Guilty to Child Sexual Exploitation OffensesRead the Press Release
Contact: Steve Young
A man who sexually exploited a child and possessed child pornography pled guilty today in federal court in Cedar Rapids.
Micheal Jones, age 40, from Mason City, Iowa, was convicted of one count of sexual exploitation of a child and one count of possession of child pornography.
At the plea hearing, Jones admitted that, in April 2013, he sexually exploited a child by producing sexually explicit depictions of that child. He also admitted that, between April 2013 and September 2014, he possessed child pornography.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Jones remains in custody of the United States Marshal pending sentencing. Jones faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 40 years’ imprisonment, a $500,000 fine, a $200 special assessment, and supervised release for 5 years to life following his imprisonment.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Mason City Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 14-3060.Marion Man Pleads Guilty to Production of Child Pornography While Being Required to Register as A Sex OffenderRead the Press Release
Contact: Steve Young
A man who produced child pornography while being legally required to register as a sex offender pled guilty today in federal court in Cedar Rapids.
Kevin Andrew Jauron, age 39, from Marion, Iowa, was convicted of one count of production of child pornography and one count of committing an offense involving a minor while being required to register as a sex offender.
At the plea hearing, Jauron admitted that, between no later than 2013 and continuing to about May 10, 2014, he persuaded a minor to engage in sexually explicit conduct for the purpose of producing visual depictions of the conduct. Jauron also admitted that, at the time, he was required by law to register as a sex offender.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Jauron remains in custody of the United States Marshal pending sentencing. Jauron faces a mandatory minimum sentence of 25 years’ imprisonment and a possible maximum sentence of 40 years’ imprisonment, a $500,000 fine, $200 in special assessments, and at least 5 years and up to life on supervised release following any imprisonment.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-128.Four Marijuana Dealers, Including Colorado Pilot, Sentenced After Extensive Wiretap InvestigationRead the Press Release
Contact: Steve Young
Four individuals, including a man who grew marijuana in his Breckenridge, Colorado home and flew it to Eastern Iowa in his private airplane were each sentenced this week for their roles in a marijuana trafficking conspiracy. They are the latest defendants to be sentenced as a result of an extensive DEA wiretap investigation.
James Allen, Matthew Fritz, Mark Swanson, and Cory Kintzel all pled guilty to conspiracy to distribute marijuana and were sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.
- Allen, 53, from Belton, Missouri, was sentenced on January 8, 2015 to six months’ imprisonment followed by three months’ home detention. Allen pled guilty on August 18, 2014 and will report to the Bureau of Prisons on a later date.
- Fritz, 39, from Cedar Rapids, Iowa, was sentenced on January 8, 2015 to five years’ probation. Fritz was also fined $3,000. Fritz pled guilty on August 18, 2014.
- Kintzel, 39, from Vinton, Iowa, was sentenced on January 6, 2015 to 12 months’ imprisonment. Kintzel pled guilty on September 16, 2014 and will report to the Bureau of Prisons on a later date.
- The pilot, Swanson, 55, from Breckenridge, Colorado, was sentenced on January 7, 2015 to 24 months’ imprisonment and fined $10,000. The fine was in addition to a $35,000 money judgment that Swanson was required to pay. Swanson’s airplane was also forfeited.
In addition to their sentences and fines, all five were ordered to pay special assessments of $100. Those serving prison sentences must also serve three-year terms of supervised release after their prison terms. There is no parole in the federal system.
The four individuals were among a group of about a dozen persons federally charged for their involvement in a marijuana trafficking organization that moved large quantities of high-grade marijuana from Colorado and California to the Cedar Rapids, Iowa area from November 2011 through April 2013. The organization was dismantled through a DEA investigation that involved court-authorized wiretaps on multiple cellular phones. During the latter stages of the conspiracy, Swanson was the source for most of the marijuana. In March 2013, he flew a load containing 25 pounds of marijuana from Colorado into the Iowa City airport. Swanson was accompanied by Shannon Ehlts, who along with Matthew Fritz was going to sell the marijuana to customers in the Cedar Rapids area. Swanson grew most of this marijuana at his home. The marijuana was sold at a price of $3,450 or more per pound. Swanson admitted that he alone had made at least $35,000 from growing and selling marijuana.
Five other individuals have already been sentenced by Chief Judge Reade as a result of the investigation:
- Nels Nelson, 34, from Cedar Rapids, was sentenced on April 21, 2014 to 41 months’ imprisonment.
- Chad Straub, 40, from Salinas, California, was sentenced on May 29, 2014 to 13 months’ and one day imprisonment.
- Robert Leonard, 55, from Oak Run, California, was sentenced on September 25, 2014 to 46 months’ imprisonment.
- Brenda Leonard, 51, from Oak Run, California, was sentenced on September 25, 2014 to two years’ probation.
- Tyler Scheer, 26, from Cedar Rapids, was sentenced on December 22, 2014 to nine months’ imprisonment and fined $3,000.
Three participants in the conspiracy still await sentencing:
- Jesse Tolen, 36, from Castella, California, is scheduled to be sentenced on January 15, 2015 at 10:30 a.m. Tolen pled guilty on July 1, 2014 to conspiracy to distribute marijuana and conspiracy to commit money laundering.
- Corey Marx, 29, from Cedar Rapids, is scheduled to be sentenced on January 15, 2015 at 4:15 p.m. Marx pled guilty on September 16, 2014 to conspiracy to distribute marijuana.
- Shannon Ehlts, 38, from Lowden, Iowa, awaits sentencing on his August 18, 2014 guilty plea to conspiracy to distribute marijuana. A sentencing date has not yet been set.
The case was prosecuted by Assistant United States Attorneys Matthew Cole and Justin Lightfoot, and investigated by the Drug Enforcement Administration (DEA) Task Force as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice. The DEA Task Force consists of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa City Police Department; 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 numbers are as follows: Swanson 14-CR-66; Nelson 14-CR-6; Straub 14-CR-20; Robert and Brenda Leonard 14-CR-37; Tolen 14-CR-39; Fritz 14-CR-78; Ehlts 14-CR-79; Scheer 14-CR-82; Marx 14-CR-85; Allen 14-CR-86; and Kintzel 14-CR-92.Man Sentenced to Prison for Harboring Illegal AlienRead the Press Release
Contact: Steve Young
A Texas man who harbored an illegal alien was sentenced today to nine months in federal prison.
Roman Sanchez, age 33, from Mission, Texas, received the prison term after a September 18, 2014, guilty plea to one count of harboring, encouraging, and inducing an alien to reside in the United States.
In a plea agreement, Sanchez admitted that in March and April 2014 he recruited a Mexican citizen to work and reside in the United States in violation of the law. Knowing that this person was not authorized to live or work in the United States, Sanchez employed him to build and tear down grain bins in Texas and Iowa.
Sanchez was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Sanchez was sentenced to nine months’ imprisonment and fined $2,000. A special assessment of $100 was imposed, he was ordered to make $500 in restitution, and pay $2,000 in legal fees. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. Sanchez was released on the bond previously set and is to surrender to the United States Marshal on January 26, 2015.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Homeland Security Investigations; the Fayette County Sheriff’s Office, the Winneshiek County Sheriff’s Office, the Bremer County Sheriff’s Office, and the Iowa Department of Transportation.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-2038.
Former Midamar Operations Manager Pleads GuiltyRead the Press Release
Contact: Steve Young
Philip G. Payne, 50, of Ryan, Iowa, pleaded guilty today to one count of conspiracy to make and deliver false certificates and writings. Prosecution would be deferred on two additional counts pursuant to an agreement yet to be approved by the court. Payne entered his plea of guilty in United States District Court in Cedar Rapids.
According to facts admitted by Payne today, between about April 2007 and December 2009, employees of Midamar Corporation of Cedar Rapids, Iowa, knowingly and without authorization, removed USDA marks of inspection from meat products and replaced them with marks of inspection from facilities other than where the meat was slaughtered. This was done at the direction, and with the knowledge and approval, of Midamar’s owners and managers. Further, false USDA export documents, health certificates, and Halal export certificates were generated for at least 22 shipments of beef during the same period. These and other actions were taken with the intent to make the beef eligible for import into countries that would otherwise not have accepted the beef shipments.
Payne, the former Operations Manager for Midamar also admitted as part of his plea agreement that, as demand for Halal beef supplied by Midamar grew, Midamar supplemented its sales of purported Halal beef with kosher beef slaughtered by rabbis, without any participation or oversight by a Muslim slaughterman.
Payne could be sentenced up to one year imprisonment and fined up to $100,000. A term of supervised release of up to one year could be ordered following any term of imprisonment.
The case is being prosecuted by Assistant United States Attorneys Richard L. Murphy and Timothy Vavricek, and was investigated by the Department of Agriculture Office of Inspector General, and the Internal Revenue Service.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-00143-LRR. ph Two.
Former Attorney Sentenced to over Four Years' Imprisonment for Defrauding Her ClientsRead the Press Release
Contact: Steve Young
A former attorney who defrauded fourteen former clients was sentenced today to more than four years in federal prison.
Susan Hense, 54, from Cedar Rapids, Iowa, received the prison term after an October 20, 2014, guilty plea to one count of wire fraud.
In a plea agreement, Hense admitted that she knowingly made up a scheme to defraud the clients of her law firm, Hense Law PLC, and to obtain money from her clients under false pretenses and promises. Hense admitted that she falsely represented to her clients that money belonging to them would be held in trust on their behalf in a bank account when, in fact, Hense intended to steal at least a portion of the clients’ money. Hense further admitted that over a three year period, she stole and misappropriated at least $837,011.31 in client funds. Hense has since been disbarred and can no longer practice law in Iowa.
Hense was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Hense was sentenced to 51 months’ imprisonment. A special assessment of $100 was imposed, and she was ordered to make $860,396.41 in restitution the victims of her fraud. She must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Hense was released on conditions of release previously set and is to surrender to the United States Marshal on January 20, 2015.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the Cedar Rapids Police Department.
Court file information is available at https://ecf.iand.uscourts.gov/. The case file number is 14-CR-00109.
Cedar Rapids Man Pleads Guilty to Being A Felon in Possession of A FirearmRead the Press Release
Contact: Steve Young
A man who purchased a handgun and more than 100 rounds of ammunition pled guilty yesterday in federal court in Cedar Rapids.
Montarrance Wilson, age 27, from Chicago, Illinois, was convicted of one count of 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.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Wilson will remain in the custody of the United States Marshal pending sentencing. Wilson faces a possible maximum sentence of ten years’ imprisonment, a $250,000 fine, $100 in special assessments, and three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney C.J. Williams and was investigated by the Federal Bureau of Investigation and the Cedar Rapids Police Department as part of the FBI’s Safe Street’s Task Force. Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-cr-84.
Cedar Rapids Man Sentenced to Five Years for Being A Felon in Possession of A Handgun Stolen During BurglaryRead the Press Release
Contact: Steve Young
A man who stole a firearm during the burglary was sentenced today to five years in federal prison. Tanner Williams, age 25, from Cedar Rapids, Iowa, received the prison term after a guilty plea to one count of being a felon in possession of a firearm.
In a plea agreement, Williams admitted he is a felon, having been convicted on April 7, 2014, of Theft 2nd Degree. On May 18, 2014, a Cedar Rapids home was burglarized. Among the property stolen during the burglary was a .22 caliber handgun. Williams pawned the firearm at a Cedar Rapids pawn shop two days after the burglary. Williams later admitted lying to police when he falsely denied committing the burglary and claimed that another person had asked him to pawn the handgun. At the sentencing hearing, the court refused to reduce the sentence for acceptance of responsibility, and further increased the sentence beyond the advisory guidelines range, because of his conduct while on release pending trial. The court had released Williams after his arrest subject to certain conditions. The court found Williams violated those conditions by repeatedly using marijuana and heroin, possessing ammunition as a felon, lying to the probation officers and police, and by possessing a stolen purse.
Williams was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Williams was sentenced to 60 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. Williams 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’s 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 14-cr-71.
Dubuque Man Pleads Guilty to Possession of an Unregistered Sawed-off ShotgunRead the Press Release
A Dubuque man who possessed an unregistered sawed-off shotgun pled guilty on December 29, 2014 in federal court in Cedar Rapids.
Jordan Michael Edmonds, age 24, from Dubuque, Iowa, was convicted of 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 firearm not registered to him in the National Firearms Registration and Transfer Record, specifically a Remington Sportsman model 58 12-gauge shotgun, bearing a partially obliterated serial number, which had a barrel of less than 18 inches in length.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Edmonds remains free on bond previously set pending sentencing. Edmonds faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, $100 in special assessments, and 3 years of supervised release following any imprisonment.
The case is being 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.Cedar Rapids Woman Sentenced to over 8 Years for Bank RobberyRead the Press Release
A woman who drove the getaway vehicle for a bank robbery was sentenced today to over eight years in federal prison.
Bria Daudinot, age 21, of Cedar Rapids, Iowa, received the sentence after an October 6, 2014 guilty plea to one count of bank robbery. At the guilty plea hearing, Daudinot admitted that she aided and abetted Javon Dockery in the June 26, 2014 robbery of a Cedar Rapids branch of the US Bank. In a plea agreement, Daudinot admitted that she drove the getaway vehicle for this robbery.
Daudinot was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Daudinot was sentenced to 97 months’ imprisonment. A special assessment of $100 was imposed, and Daudinot 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 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.Delaware County Man Charged with Receipt and Possession of Child PornographyRead the Press Release
Paul LeClere, age 50, of Hopkinton, Iowa, has been charged with one count of receipt of child pornography and five counts of possession of child pornography. The charges are contained in an Indictment filed on December 17, 2014, in United States District Court in Cedar Rapids.
The Indictment alleges that, between 2003 and 2013, LeClere received and possessed child pornography.
If convicted, LeClere faces a mandatory minimum sentence of five years’ imprisonment and a possible maximum sentence of 110 years’ imprisonment, a $1,500,000 fine, a $600 special assessment, and at least five years and up to life on supervised release following any imprisonment.
LeClere appeared for a detention hearing on December 24, 2014, in federal court in Cedar Rapids and was released on bond. LeClere’s next appearance for trial is set for February 23, 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 Scott County Sheriff’s Office, the Davenport Police Department, the Delaware County Sheriff’s Office, the Dubuque County Sheriff’s Office, the Clinton County Sheriff’s Office, and Homeland Security Investigations.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 14-2054.Benton County Man Sentenced to 5 Years 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 five years in federal prison.
David Kimble, age 48, of Norway, Iowa, received the sentence after a September 25, 2014, guilty plea to one count of failing to register as a sex offender. At the guilty plea hearing, Kimble admitted that he moved from North Carolina to Iowa and did not register as a sex offender in Iowa. Kimble was required to register because of his 2004 Linn County conviction for assault with intent to commit sexual abuse.
Kimble was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Kimble was sentenced to 60 months’ imprisonment. A special assessment of $100 was imposed, and Kimble 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 Linn County Sheriff’s Office, 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 14-77.Man Sentenced to Prison for Illegal Re-EntryRead the Press Release
A man who re-entered the United States illegally after being removed as a felon was sentenced today to thirteen months in federal prison.
Manuel Reveles-Martinez, age 33, a Mexican citizen living in Cedar Rapids, Iowa, received the prison term after a September 15, 2014, guilty plea to one count of illegal re-entry as a felon.
At the guilty plea, Reveles-Martinez admitted he re-entered the United States without permission after being removed from the country on November 8, 2013. On July 10, 2014, Reveles-Martinez was arrested in Cedar Rapids by agents with Immigration and Customs Enforcement. Reveles-Martinez had previously been convicted of operating while intoxicated (OWI) five times, including OWI third offense, a felony, in 2006.
Reveles-Martinez was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Reveles-Martinez was sentenced to thirteen 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.
Reveles-Martinez is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt 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-0073.
Dubque Man Again Sentenced to 30 Years in Federal Prison for Distributing Heroin Resulting in Overdose DeathRead the Press Release
A man whose conviction for distributing heroin to a person who died of a heroin overdose was overturned earlier this year was sentenced yesterday in federal court to serve 30 years in prison.
Alvin Stanley Briggs, Jr., age 51, from Dubuque, Iowa, received the prison term after a October 30, 2014, guilty plea to distribution of heroin resulting in death. Briggs initially pled guilty to the charge in June 2013, and was sentenced to 30 years’ imprisonment in September 2013. His conviction was overturned after the United States Supreme Court ruled in Burrage v. United States that individuals could not be convicted of distributing drugs where death resulted unless the government proved the drugs were the “but for” cause of the death. During his initial plea, Briggs had admitted only that the drugs were a contributing factor in the death of S.R. At the plea hearing in October he admitted that S.R. would have lived but for using the heroin distributed by Briggs.
Briggs was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Briggs was sentenced to 360 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system.
Briggs 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 Dan Chatham and was investigated by the Platteville, Wisconsin, Police Department, and the Dubuque, Iowa, Drug Task Force.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 2:13-CR-01004-LRR.
Candy Store Owner to Federal Prison for Selling CrackRead the Press Release
A man who sold crack cocaine out of his Dubuque, Iowa candy store was sentenced today to just under 6 years in federal prison.
Dwayne Howard, 36, from Dubuque, received the prison term after an October 6, 2014 guilty plea to one count of distribution of crack cocaine near a playground.
In a plea agreement, Howard admitted he sold crack cocaine to an undercover police officer on multiple occasions in January and February 2014. All but one of the sales took place inside his business, “Wayne’s Candy.” According to information disclosed at the sentencing hearing, the candy store was located at 1965 Central Avenue in Dubuque. While Howard maintained the candy store also served a legitimate function, he admitted that he used drug money to fund the business and used his store inventory to facilitate his drug sales. For instance, during two of the undercover purchases, Howard told the undercover officer to take items from the shelf in order to make the transaction look “legit.” Investigators noticed that the business did not maintain normal business hours, and bank records showed that the business carried a $5.00 bank account balance. During a search of the business, investigators discovered little to no money in the cash register. The candy store was located within 1,000 feet of two separate playgrounds.
Howard was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Howard was sentenced to 71 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 6-year term of supervised release after the prison term. There is no parole in the federal system.
Howard is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Justin Lightfoot and investigated by the Iowa Division of Narcotics Enforcement (DNE) and the Dubuque Drug Task Force, which is comprised of representatives from the Dubuque Police Department and the Dubuque 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-1013.
Cedar Rapids Man to Federal Prison for Selling OVer $85,000 Worth of MarijuanaRead the Press Release
A man who sold expensive “high-grade” marijuana in the Cedar Rapids area will spend 9 months in federal prison.
Tyler Scheer, 26, from Cedar Rapids, Iowa received the prison term after an August 18, 2014 guilty plea to Conspiracy to Distribute Marijuana.
At a prior guilty plea hearing, Scheer admitted he agreed with others to sell marijuana in the Cedar Rapids area from August 2012 through April 2013. According to information disclosed in court and in court documents, Scheer sold or possessed with intent to sell over 11 kilograms (over 24 pounds) of marijuana over the course of the conspiracy. Valued at approximately $3,450 per pound, Scheer sold over $85,000 worth of this high-grade marijuana.
Scheer was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Scheer was sentenced to 9 months’ imprisonment and fined $3,000. A special assessment of $100 was imposed. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Scheer was released on the bond previously set and is to surrender to the Bureau of Prisons on a future date.
The case was prosecuted by Assistant United States Attorney Justin Lightfoot and investigated by was investigated by the Drug Enforcement Administration (DEA) Task Force as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice. The DEA Task Force consists of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa City Police Department; the Clinton Police Department; the Iowa Division of Narcotics Enforcement; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Sixth Judicial District Department of Correctional Services; and the Iowa National Guard.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/ login.pl. The case file number is CR 14-82.
Former Midamar Operations Manager ChargedRead the Press Release
Philip G. Payne, 50, of Ryan, Iowa, has been charged with one count of conspiracy to make and deliver false certificates and writings; one count of conspiracy to defraud the United States; and one count of conspiracy to commit mail and wire fraud. The charges are contained in an Information filed today in United States District Court in Cedar Rapids.
According to the Information, Payne was the former Operations Manager for Midamar Corporation in Cedar Rapids, Iowa. Midamar was indicted on related charges in the Northern District of Iowa on December 5, 2014.
If convicted on all counts, Payne could be sentenced to eleven years’ imprisonment and fined up to $600,000. A term of supervised release could also be ordered upon conviction on any of the counts.
Payne is scheduled to first appear in court at 4:00 pm on January 5, 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 Richard L. Murphy and was investigated by the Department of Agriculture Office of Inspector General, and the Internal Revenue Service.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-00143-LRR.Former College Bookstore Director Pleads Guilty to Fraud and False Tax Return ChargesRead the Press Release
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, pled guilty today in federal court in Cedar Rapids.
James Spaulding, age thirty-five, from Longmont, Colorado, was convicted of one count of mail fraud and two counts of filing false tax returns.
In a plea agreement, Spaulding admitted he was the director of the Clarke University Bookstore between 2011 and 2012. Spaulding and his friend, T.D., 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 T.D. split the proceeds of the fraud, totaling more than $302,000.00. Spaulding filed false tax returns for 2011 and 2012 in which he failed to disclose the illegal proceeds he obtained from the fraud. Spaulding later lied to a federal grand jury in Cedar Rapids, Iowa, by claiming RVP supplied the Clarke University bookstore with books.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Spaulding was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing. Spaulding faces a possible maximum sentence of twenty-six years’ imprisonment, a $750,000 fine, $300 in special assessments, seven years of supervised release following any imprisonment, and must pay the costs of prosecution.
The case is being prosecuted by Assistant United States Attorney C.J. Williams and was investigated by the Internal Revenue Service-Criminal Investigation 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 14-cr-1022.
Downtown Sioux City Developer Pleads Guilty to Violation of Clean Air ActRead the Press Release
A man who purchased the old YMCA building in 2009, learned it contained asbestos, and knowingly mishandled the asbestos during the demolition and renovation of the building pled guilty on December 17, 2014, in federal court in Sioux City.
Larry Wolf, age 54 from Dakota City, Nebraska, was convicted of one count of violating the work practice standards of the Clean Air Act by failing to thoroughly inspect the old YMCA (which he knew contained some asbestos) to ascertain the amount of asbestos, and whether that amount was sufficient to subject the demolition project to regulation.
At the plea hearing, Wolf admitted he learned the building contained asbestos and regulated asbestos-containing material when he, within six months of his purchase of the building in the summer of 2009, was told the building contained asbestos and regulated asbestos-containing material by the building's former custodian (who actually showed Wolf around the building while telling him about the asbestos). Wolf also admitted that on or about September 21, 2010, representatives of an environmental remediation and demolition firm provided him with an asbestos abatement estimate of $171, 792.00 for asbestos removal and related activities.
Wolf also admitted that despite knowing the old YMCA contained asbestos and regulated asbestos-containing material, from about July 1, 2009, until about March 31, 2011, Wolf himself, and others at his direction, violated the Clean Air Act Work-Practice Standards by demolishing, renovating, removing, disposing of and/or disturbing asbestos and regulated asbestos-containing material from the old YMCA. For example, during the above-referenced time period, defendant Larry Wolf sold copper, brass, aluminum, and other metals from the old YMCA after he had removed regulated asbestos-containing material wrappings from the metals. Defendant Larry Wolf boasted he made $80,000.00 or more from the old YMCA this way.
In addition Wolf admitted that in the summer of 2010, when asked by one of his employees if the building was safe to work in, he said the building had been abated for asbestos, when he knew it had not been abated for asbestos.
Sentencing before United States District Court Judge Mark W. Bennett will be set after a presentence report is prepared. Wolf remains free on bond previously set; pending sentencing. Wolf faces a possible maximum sentence of five years’ imprisonment, a $250,000 fine, $100 in special assessments, and up to 3 years of supervised release following any imprisonment.
The case was investigated by the United States Environmental Protection Agency and the Iowa Department of Natural Resources and is being prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-4055.Cedar Rapids Man Charged with Fraud and Identity TheftRead the Press Release
Terry L. Gantt, 28, of Cedar Rapids, Iowa, has been charged with one count of aggravated identity theft and one count of wire fraud. The charges are contained in an Indictment unsealed today in United States District Court in Cedar Rapids.
The Indictment alleges that, between October 2012 and February 2013, Gantt used the identities of other individuals to apply for credit cards without their permission.If convicted on all charges, Gantt faces a mandatory minimum sentence of 2 years’ imprisonment and a possible maximum sentence of 22 years’ imprisonment. He could also be fined up to $500,000, and a term of supervised release could be ordered upon conviction of any of the counts.
Gantt appeared today in federal court in Cedar Rapids and was released on bond. Gantt’s trial is set for the two-week period beginning February 17.
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 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 1:14-cr-00142.
Jury Finds Man Guilty of Second Degree Murder on the Meskwaki National SettlementRead the Press Release
A man who used a machete to kill his parents on the Meskwaki Nation Settlement was convicted by a jury today after an eight-day trial in federal court in Cedar Rapids.
Gordon Lasley, Jr., age 26, from the Meskwaki Nation Settlement, Iowa, was convicted of two counts of second degree murder in “Indian country.” The verdict was returned this afternoon following about one day of jury deliberations.
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 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.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Lasley remains in custody of the United States Marshal pending sentencing. Lasley faces a possible maximum sentence of life imprisonment, a $500,000 fine, $200 in special assessments, and up ten years of supervised release following any imprisonment.
The case is being 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.Court Enters $360,000 Consent Judgment Against Auto Dealership and Advertising CompanyRead the Press Release
In a stipulated judgment entered by the district court, the Billion Auto Group, which has facilities in Sioux City, Iowa City, and Clive, and an advertising company, Nichols Media, have agreed to a $360,000 judgment to resolve claims that they violated a Federal Trade Commission consent order prohibiting deceptive advertising when marketing the cost of buying or leasing a car.
“If auto dealers make advertising claims in headlines, they can’t take them away in fine print,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection. “These actions show there is a financial cost for violating FTC orders.”
“Our office is committed to working with the FTC and the Consumer Protection Branch of the Department of Justice to ensure a fair marketplace for Iowa consumers,” said Kevin W. Techau, United States Attorney for the Northern District of Iowa. “The action taken in this case is an important step to protect Iowans and sends an important message to the marketplace.”
The FTC authorized the Department of Justice to file a complaint against the chain of 20 Billion Auto automobile dealerships in Iowa, Montana, and South Dakota, and an advertising company, Nichols Media, Inc., for violating a 2012 FTC consent order. That order prohibits Billion Auto, and any companies in active participation with it, from misrepresenting material costs and terms of vehicle finance and lease offers. The order also requires specific disclosures, mandated by the Truth in Lending Act and the Consumer Leasing Act.
According to the complaint, Billion’s advertisements violated the 2012 FTC consent order by frequently focusing on only a few attractive terms while hiding others in fine print, through distracting visuals, or with rapid-fire audio delivery. For example, some dealership ads promoted low monthly payments or attractive annual percentage rates and finance periods, while concealing other material items, such as the low payments being for leases, not sales; major limits on who could qualify for discounts; and significant added costs.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 5:14-cv-4118.
Man Sentenced to Prison for Illegal Re-EntryRead the Press Release
A man who re-entered the United States illegally after being removed as a felon was sentenced on November 21, 2014, to 5 months’ imprisonment.
Francisco Ramirez-Duran, age 42, from Mexico, received the prison term after an August 15, 2014, guilty plea to one count of illegal re-entry as a felon.
At the guilty plea, Ramirez-Duran admitted he had re-entered the United States without permission after being removed from the country on August 19, 2005. Ramirez-Duran came to the attention of Homeland Security Investigations’ (HSI) on July 6, 2014, after he was arrested for in Webster County, Iowa, for fishing without a license.
Ramirez-Duran was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Ramirez-Duran was sentenced to 5 months’ imprisonment. He must also serve a 1-year term of supervised release. There is no parole in the federal system.
The case was prosecuted by Assistant United States Attorney Kevin C. Fletcher and investigated by 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 14-CR-3040.