Northern District of Iowa

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.

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.

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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.

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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.

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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

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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.

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.

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.

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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.

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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.

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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.

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.

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.

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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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.
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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.

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.

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.

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.

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.

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.

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.

Midamar Corporation and Islamic Services of America, of Cedar Rapids, Iowa, and corporate officers of the businesses, Jalel Aossey, age 40, and William “Yahya” Aossey, age 44, also of Cedar Rapids, Iowa, have been charged in a ninety-two count indictment filed this afternoon in United States District Court in Cedar Rapids.  The indictment charges each business and person with one count of conspiracy to: make and use materially false statements and documents; sell misbranded meat; and commit wire fraud.  The indictment also charges each defendant with three counts of making false statements on export applications; forty-three counts of wire fraud; forty-four counts of money laundering; and one count of conspiring to commit money laundering.  The indictment also contains two forfeiture allegations, seeking proceeds and property involved in certain offenses.

The conspiracy charge is punishable by up to five years imprisonment. Each count of making a false statement on an export application is punishable by up to three years imprisonment. Each count of wire fraud is punishable by up to twenty years imprisonment. Each count of money laundering, including the money laundering conspiracy count, is punishable by up to twenty years imprisonment.  A fine of up to $250,000 may also be imposed on each count, along with a term of supervised release following any imprisonment.
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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-00138-LRR.

A man who illegally obtained a passport and social security benefits was sentenced on November 25, 2014, to 12 months’ imprisonment.

Raymundo Sierra-Mendez, age 71, from Mexico, received the prison term after a September 18, 2014, guilty plea to one count of social security fraud and one count of passport fraud.

In a plea agreement, Sierra-Mendez admitted he used a fraudulent name, social security card and birth certificate to obtain a United States passport in 2008.  He also applied for and obtained social security benefits in 2008, with the same documents.        

Sierra-Mendez was sentenced in Sioux City by United States District Court Judge Mark W. Bennett.  Sierra-Mendez was sentenced to 12 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-4053.

A man who re-entered the United States following a felony conviction was sentenced on November 18, 2014, to 7 months’ imprisonment.

Jose Santillanes-Barraza, age 43, from Mexico, received the prison term after a June 17, 2014, guilty plea to one count of illegal re-entry as a felon.

At the guilty plea, Santillanes-Barraza admitted he had re-entered the United States without permission after being removed from the country on December 1, 2010.  On August 26, 2010, Santillanes-Barraza was convicted of tampering with records in the Iowa District Court, Buena Vista County.   Santillanes-Barraza came to the attention of Homeland Security Investigations (HSI) after he was arrested on April 30, 2014, in Hancock County, Iowa for OWI.      

Santillanes-Barraza was sentenced in Sioux City by United States District Court Judge Mark W. Bennett.  Santillanes-Barraza was sentenced to 7 months’ imprisonment. He must also serve a 3-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-3027.

A man who re-entered the United States following a felony conviction was sentenced on November 18, 2014, to 54 months’ imprisonment.

Esteban Fuego-Sanchez, age 42, from Guatemala, received the prison term after an August 15, 2014, guilty plea to one count of illegal re-entry as an aggravated felon.

At the guilty plea, Fuego-Sanchez admitted he had re-entered the United States without permission after being removed from the country on October 2, 2004.  On September 28, 1995, Fuego-Sanchez was convicted of theft of property, a felony, in Jefferson County, Arkansas.  Fuego-Sanchez came to the attention of Homeland Security Investigations (HSI) after he was arrested on June 18, 2014, in Wright County, Iowa for driving without a license.    

Fuego-Sanchez was sentenced in Sioux City by United States District Court Judge Mark W. Bennett.  Fuego-Sanchez was sentenced to 54 months’ imprisonment. He must also serve a 3-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-3038.

A man who re-entered the United States illegally was sentenced on November 20, 2014, to 4 months in prison.

David Ordonez-Lopez, age 20, from Guatemala, received the prison term after a September 22, 2014, guilty plea to one count of illegal re-entry.

At the guilty plea, Ordonez-Lopez admitted he had re-entered the United States without permission after being removed from the country on October 31, 2012.  Ordonez-Lopez came to the attention of Homeland Security Investigations’ (HSI) on July 15, 2014, after he was arrested for OWI in Wright County, Iowa.    

Ordonez-Lopez was sentenced in Sioux City by United States District Court Judge Mark W. Bennett.  Ordonez-Lopez was sentenced to 4 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-3044.

Levon Varne Dean, Sr, age 55, Evette Morris-Hernandez, age 34, Kimberly Smith, age 50, and Steffan Dean, age 53, all of Sioux City, Ingmar Hernandez, age 26 and Monica Rocha-Contreras, age 21, both of South Sioux City, Nebraska, Anna Baker, age 24, of Winnebago, Nebraska, and Esteban Hernandez, age 36, of Mercedes, Texas, all have been charged with one count of conspiracy to defraud the United States by obstructing a Federal investigation.­ The charges are contained in an Indictment filed on November 20, 2014, in United States District Court in Sioux City.  All had previously been charged in a Complaint filed on October 31, 2014.    
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The Indictment alleges that, from April 29, 2013 to about September 1, 2013, Levon Varne Dean, Sr., Morris-Hernandez, Smith, Steffan Dean, Hernandez, Rocha-Contreras, and Baker, conspired to interfere with and obstruct legitimate governmental activities of the United States Department of Justice (e.g., The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the United States Marshals Service) by interfering with and obstructing the federal investigation into the events of April 29, 2013, and the federal effort to apprehend Jamal Dean. Other charges in the Indictment include False Statements, Concealing Evidence, Accessory After the Fact, and Misprision of a Felony. 

If convicted each faces a possible maximum sentence of up to 5 years’ imprisonment, a $250,000 fine, $100 in special assessments, and 3-years of supervised release following any imprisonment.­

Levon Varne Dean, Sr., Morris-Hernandez, Smith, Steffan Dean, Rocha-Contreras, and Baker were released on bond on November 7, 2014, and Ingmar Hernandez was held without bond.  Steffan Dean, Smith and Ingmar Hernandez next appearance for arraignment is December 8, 2014.  Levon Dean, Sr., Smith, Rocha-Contreras, and Morris-Hernandez’s have waived personal appearance at arraignment and their next appearance for trial is set for February 5, 2015. 

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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 as a part of Project Safe Neighborhoods, a cooperative local, state, and federal program aimed at the enhanced prosecution of gun crimes.  The case was investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Homeland Security Investigations; the Tri-State Drug Task Force, the Woodbury County Sheriff’s Office; the Sioux City Police Department, the United States Marshal’s Service; the Iowa Department of Public Safety; the Nebraska Department of Public Safety; and the Woodbury County Attorney’s Office.  The case 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 CR 4088.

A man who committed perjury in federal court proceedings relating to a sawed-off shotgun charge was sentenced November 24, 2014, to nearly three years in federal prison.

Clay Willie Gilmer, age 20, from Waterloo, Iowa, received the prison term after an August 8, 2014, guilty plea to making material false declarations before a court or grand jury.  The prosecution stemmed from Gilmer’s testimony before the grand jury and at a trial of Patrelle Green-Bowman.  Evidence at Green-Bowman’s trial showed a sawed-off shotgun was found on August 2, 2013, by Waterloo Police in a car primarily used by Gilmer.  The sawed-off shotgun was partially wrapped in Green-Bowman’s coat and was sitting immediately behind Green-Bowman in the car, in which he was the only occupant.

At the guilty plea, Gilmer admitted he testified before a federal grand jury in September 2013 that he had seen Green-Bowman with the sawed-off shotgun.  Gilmer also admitted that during Green-Bowman’s December 2013 federal trial on the sawed-off shotgun charges, he testified he had not seen Green-Bowman with a gun on the relevant date.  The jury found Green-Bowman guilty of the firearms charges in December, but the court granted Green-Bowman a new trial in April 2014.  Gilmer testified in Green-Bowman’s May 2014 retrial, and Green-Bowman was again convicted.  Green-Bowman was later sentenced to 78 months in federal prison.

At Gilmer’s sentencing, the court found Gilmer had testified falsely at both trials, and also that he lied under oath at his own guilty plea hearing about his drug use and criminal history. 

Gilmer was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Gilmer was sentenced to 33 months’ imprisonment.  A special assessment of $100 was imposed.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

Gilmer 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 investigated by the Waterloo Police Department. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR14-44-LRR.

A woman who conspired to use fire to commit wire fraud by causing a home to be destroyed by fire, and collecting proceeds from a bogus insurance claim alleging the fire was accidental was sentenced November 25, 2014, to 10 years in federal prison.

Shirley Weimer, age 67, from Fort Dodge, Iowa, received the prison term after an April 1, 2014, guilty plea to conspiracy to use fire to commit wire fraud.

Evidence presented by the United States at the change of plea hearings and sentencings revealed that Weimer hired a tenant, Lisa Young, to burn down the rental property where Ms. Young was living.  Ms. Young recruited her adult children into the conspiracy as well as her ex-husband.  After an unsuccessful attempt to destroy the residence, the conspirators tried again, and successfully burned the rental property, putting first responders, neighbors, and insurance adjustors at risk.  Ms. Weimer then received $78,593.25 from the insurance company for her bogus insurance claim.

Weimer was sentenced in Sioux City by United States District Court Judge Mark W. Bennett.  Weimer was sentenced to 120 months’ imprisonment.  A special assessment of $100 was imposed, and she was ordered to make $78,593.25 plus interest in restitution to State Farm Insurance.  She must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

Previously Ashley Straight, Gerald Straight, and Lisa Young were sentenced for their roles in the conspiracy receiving prison sentences of 13 months imprisonment each for Ashley Straight and Gerald Straight and 7 months imprisonment for Lisa Young.

Weimer is being held in the United States Marshal’s custody until she can be transported to a federal prison.

The case was investigated by Special Agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Iowa Department of Public Safety’s Office of State Fire Marshal and Department of Criminal Investigation, Deputies of the Webster County Sheriff’s Office, Officers of the Fort Dodge Police Department and Investigators of State Farm Insurances’ Special Investigation Unit.  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 13-3035.

A Cedar Rapids man who distributed heroin that caused a heroin overdose death pled guilty on November 24, 2014, in federal court in Cedar Rapids.

Ramon Cortez Freeman, age 35, from Cedar Rapids, Iowa, was convicted of 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.  The heroin Freeman distributed was used by an individual identified as D.L., who used the heroin and died of a heroin overdose.  Freeman also admitted to distributing heroin in February and twice in July.  Court documents reflect the heroin distributed by Freeman in February and July was determined to be around 70% pure.  Freeman also admitted he possessed a .45 caliber pistol loaded with seven rounds of ammunition in April 2014.  Freeman admitted he had previously been convicted of drug felonies in Chicago, Illinois.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Freeman remains in custody of the United States Marshal pending sentencing.  Freeman faces a mandatory minimum sentence of 20 years’ imprisonment and a possible maximum sentence of life, $4,250,000 in fines, $500 in special assessments, and a lifetime term of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Dan Chatham 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 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. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR14-100-1-LRR.

Kevin Andrew Jauron, age 39, from Marion, Iowa, has been charged with one count of production of child pornography.  The charge is contained in an Indictment filed on November 18, 2014, in United States District Court in Cedar Rapids. 

The Indictment alleges that, on or about March 13, 2014, Jauron used a minor to engage in sexually explicit conduct for the purposes of producing visual depictions of such conduct.

If convicted, Jauron faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 30 years’ imprisonment, a $250,000 fine, a $100 special assessment, and at least five years and up to life on supervised release following any imprisonment.­

Jauron appeared today in federal court in Cedar Rapids and was held without bond.  Jauron’s next appearance for trial is set for January 26, 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 Peter Deegan and was investigated by the Marion Police Department.  The Marion Police Department is part of the Iowa Internet Crimes Against Children Task Force (Iowa ICAC).  More information about the Iowa ICAC is available at http://www.iaicac.org/Pages/welcome.aspx. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-128.

A woman who forged a court order in support of her request for a bank loan and a separate letter purporting to be from a United States Department of Justice official was sentenced on November17, 2014, to nearly four years in federal prison.

Stephanie Drake (formerly known as Stephanie Drake-Zierke), age 51, from Hubbard, Iowa, received the prison term after a July 23, 2014 guilty plea to one count of bank fraud and one count of unlawful manufacture and possession of a United States Department of Justice seal.

In a plea agreement, Drake admitted that, between about March 2009 and September 2012, she fraudulently induced a bank to loan her money by falsely claiming that her husband had been awarded a legal settlement in the amount of $2,200,000.  Drake also admitted presenting a fabricated document to the bank purporting to be a court order for the legal settlement.  Drake also admitted defrauding the same bank by presenting falsified loan paperwork indicating her husband’s parents had agreed to guarantee a loan of up to $162,600.  Drake admitted that, between May 2008 and September 2012, the bank loaned her a total of at least $483,513.51.  Drake admitted her conduct resulted in a loss to the bank of more than $400,000.

Drake was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Drake was sentenced to 41 months’ imprisonment on the bank fraud count and an additional, consecutive term of six months imprisonment on the count of unlawful manufacture and possession of a United States Department of Justice seal.  The total term of imprisonment imposed was 47 months.  A special assessment of $110 was imposed, and she was ordered to make $708,217.95 in restitution to the defrauded bank and other victims.  Drake must also serve a five-year term of supervised release after the prison term.  There is no parole in the federal system.

Drake was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.

The case was prosecuted by Assistant United States Attorney Peter Deegan and was investigated by the Federal Bureau of Investigation and the Hardin County, Iowa, 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-2032.

An alien who illegally reentered the United States after being deported was sentenced today to two years in federal prison.

Marcelino Aguilar-Vicente, age 31, a Mexican citizen living in Waterloo, Iowa, received the prison term after a July 15, 2014, guilty plea to one count of illegal reentry into the United States after being deported following a conviction for an aggravated felony.

In May 2014, Aguilar-Vicente was taken into Immigration custody after he was arrested in Black Hawk County, Iowa, for traffic violations.  At the guilty plea, Aguilar-Vicente admitted he illegally reentered the United States after he was deported in March 2007.  Prior to his deportation in 2007, Aguilar-Vicente was convicted in 2006 in Dinwiddie County, Virginia, of four counts of obtaining money by false pretenses, and in Hopewell County, Virginia, of one count of conspiracy to commit grand larceny, and three counts of grand larceny, all aggravated felonies.

Aguilar-Vicente was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Aguilar-Vicente was sentenced to 24 months’ imprisonment.  A special assessment of $100 was imposed.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Aguilar-Vicente 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 Department of Homeland Security. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-CR-62.

An illegal alien who conspired with others to transport and encourage aliens to reside in the United States in violation of the law was sentenced today to eleven months’ in federal prison.

Ramon Perez, age 22, an illegal alien from Guatemala living in Waucoma, Iowa, received the prison term after an August 28, 2014, guilty plea to one count of conspiracy to transport, encourage and induce aliens to reside in the United States in violation of law.

In a plea agreement, Perez admitted he conspired with others to encourage aliens to work and reside in the Iowa in violation of the law.  As part of the conspiracy, Perez brought aliens from Colorado to work and reside in Iowa.  In Iowa, Perez transported aliens to work sites where he supervised their work constructing grain bins.

Perez was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Perez was sentenced to eleven months’ imprisonment.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Perez 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 Department of Homeland Security, Homeland Security Investigations. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-CR-2039.

A man who illegally re-entered the country and used a false social security number to obtain employment in Buena-Vista County was sentenced on November 4, 2014, to time served.

Eswin Marroquin-Asturias, age 38, from Guatemala, received the prison term after an October 1, 2014, guilty plea to one count of illegal re-entry and one count of use of a false social security number.

At the guilty plea, Marroquin-Asturias admitted he had re-entered the United States without permission after being removed from the country on December 15, 2011, and that he had used an illegally obtained social security card to gain employment. 
Marroquin-Asturias came to the attention of Homeland Security Investigations’ (HIS) on July 17, 2014, when law enforcement officers conducted surveillance at a residence in Storm Lake, Buena Vista County, Iowa, in an attempt to locate an individual suspected of passport fraud.  Marroquin-Asturias voluntarily agreed to speak with law enforcement and admitted he had illegally purchased false identification documents and had used them to obtain employment. 

Marroquin-Asturias was sentenced in Sioux City by United States District Court Judge Mark W. Bennett.  Marroquin-Asturias was sentenced to time served. 

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-4061.

An illegal alien from Mexico who assumed the identity of a United States citizen was sentenced today to more than two years in federal prison.

Juan Bautista-Rubio, age 22, an illegal alien from Mexico living in Cedar Falls, Iowa, received the prison term after a July 9, 2014, jury verdict finding him guilty of one count of aggravated identity theft.  Bautista-Rubio previously pled guilty on May 9, 2014, to one count of illegal re-entry into the United States following deportation and one count of unlawful use of a fraudulently acquired social security card and permanent resident card to gain employment in the United States.

The evidence at trial showed that Bautista-Rubio used a fraudulently acquired social security card and a fake lawful permanent resident alien card to obtain employment in Waterloo, Iowa, where he filled out an Immigration I-9 Form on April 5, 2012, falsely claiming to be a lawful permanent resident alien.  Immigration I-9 forms are required to be completed by all employees working within the United States.  Bautista-Rubio worked in Waterloo, Iowa, continuously from April 2012 through June 2013 and again from December 2013 through April 2014.  

On April 23, 2014, Bautista-Rubio was questioned by an agent with Homeland Security Investigations.  During that interview Bautista-Rubio admitted that he was present in United States illegally after being deported in 2011 and that he knowingly used the identification documents of a real person, including the person’s name, date of birth, and social security number, to gain employment in the United States.  Bautista-Rubio told the agent that he specifically requested and obtained the identification documents of a real person to ensure that he could work here.

Bautista-Rubio was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Bautista-Rubio was sentenced to 27 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.

Bautista-Rubio 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 Department of Homeland Security. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-CR-0052.

Three men and one woman have been sentenced for their roles in a conspiracy to obstruct justice.

Mark Hill, age 48, of Storm Lake, Iowa, was sentenced after an August 13, 2013, guilty plea; Brandon Hinesly, age 36, of Truesdale, Iowa, and Janelle Zoch, 48 of Storm Lake, Iowa, each received their prison terms after February 28, 2014, guilty pleas; and Darwin Lee Zoch, age 46, of Storm Lake, received his prison term after a March 3, 2014, guilty plea.  Mark Hill, Brandon Hinesly, Janelle Zoch and Darwin Lee Zoch each pled guilty to one count of conspiracy to obstruct justice. 

Evidence at the guilty pleas and sentencings revealed Janelle Zoch, Darwin Zoch, Mark Hill, and Brandon Hinesly reached an agreement to illegally obstruct and impede the due administration of justice.  Darwin Zoch, who was then awaiting sentencing for his federal firearms conviction, with the help of his confederates, was able to abscond, fleeing all the way to Corpus Christi, Texas, where he had purchased a boat and planned to sail out of the United States.

Collectively, the coconspirators assisted Darwin Zoch by lying to federal agents and United States Probation Officers, concealing or destroying evidence, providing Darwin Zoch with comfort and support in the form of false identification and a phone, and helping him change his appearance and pre-position a vehicle to make his escape.

Hill was sentenced on April 3, 2014; Hinesly and Darwin Zoch were sentenced on July 9, 2014, and Janelle Zoch was sentenced on November 3, 2014, in United States District Court in Sioux City, Iowa by United States District Court Judge Mark W. Bennett.  Hill was sentenced to 3 months’ probation, Hinesly was sentenced to 3 months’ imprisonment, Darwin Zoch was sentenced to 28 months’ imprisonment, to be served consecutive to an undischarged term of imprisonment in the Northern District of Iowa, Case No. 11-4031, and Janelle Zoch was sentenced to 28 months’ imprisonment.  Hill, Hinsely, Darwin Zoch and Janelle Zoch were each ordered to pay a $100 special assessment.  Brandon Hinesly and Darwin Zoch must each serve a one-year term of supervised release after prison.  Janelle Zoch must serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Hill, Hinesly, and Janelle Zoch were released on the bonds previously set and each are to self-report to the Bureau of Prisons; Darwin Zoch is being held in the United States Marshal’s custody until he can be transported to a federal prison.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 13-3047.

The case was investigated by the United States Marshal’s Service; Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Buena Vista County Sheriff's Office, the Storm Lake, Iowa Police Department, and the Iowa Department of Public Safety.  The case was prosecuted by Assistant United States Attorney Forde Fairchild            

A trial has been scheduled in the case against Kendan Fonville, age 24, from Cedar Rapids, Iowa.  Fonville has been charged with two counts of being an unlawful drug user in possession of firearms. 

The charges are contained in an Indictment filed on October 30, 2014, in United States District Court in Cedar Rapids.  Count 1 of the Indictment alleges that, on or about March 24, 2012, Fonville possessed a stolen AK-47 rifle while he was an unlawful user of marijuana.  Count 2 of the Indictment alleges that, on or about August 31, 2012, Fonville possessed a .380 caliber handgun while he was an unlawful user of marijuana.

According to a previously filed criminal complaint, Fonville (aka “Fudd”) allegedly has four prior arrests for possession of marijuana and one prior arrest for possession of crack cocaine.  The complaint alleges that, on March 24, 2012, Cedar Rapids Police Officers heard numerous shots being fired as they were approaching the 1400 block of 4th Avenue Southeast.  In their investigation, officers allegedly recovered an AK-47 rifle that had been reported stolen and 22 spent rifle casings.  Witnesses allegedly reported seeing Fonville fire the rifle.

The complaint also alleges that, on August 31, 2012, Cedar Rapids Police Officers attempted to stop a vehicle.  The complaint alleges that, upon initiating the traffic stop, Fonville ran from the driver’s side of the vehicle.  The complaint alleges that, during the foot pursuit, officers observed Fonville reaching for his waist band area.  Fonville was allegedly lost during the chase.  Officers allegedly believed that, during the chase, Fonville was attempting to discard a firearm.  The officers allegedly retraced their steps and located a .380 caliber pistol.

If convicted on all charges, Fonville faces a possible maximum sentence of twenty years’ imprisonment, a $500,000 fine, $200 in special assessments, and six years of supervised release following any imprisonment.­

Fonville’s next appearance for trial has been set for 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 C.J. Williams and was investigated by the FBI Safe Street’s Task Force and the Cedar Rapids Police Department.

Court file information is available at ttps://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-CR-117 LRR.

Ken Ngombwa, 54, from Cedar Rapids, Iowa, has been charged with one count of unlawfully procuring or attempting to procure naturalization or citizenship; one count of procuring citizenship to which he was not entitled; one count of conspiracy to unlawfully procure citizenship; and one count of making a materially false statement to agents of the United States.  The charges are contained in an Indictment unsealed today, in United States District Court in Cedar Rapids, following the arrest of Ngombwa without incident in Cedar Rapids. 

The Indictment alleges that beginning in at least March 1998 and continuing through at least November 19, 2004, Ngombwa attempted to procure citizenship for himself and family members who accompanied him to the United States from Rwanda.  According to the Indictment, Ngombwa and others made a number of false statements that were relied upon by United States immigration authorities in deciding to grant Ngombwa refugee status and permanent resident alien status; which eventually permitted Ngombwa to become a naturalized citizen of the United States.  The alleged false statements included a claim that Ngombwa is the brother of Faustin Twagiramungu, a former Prime Minister of Rwanda.

If convicted on all counts, Ngombwa faces a possible maximum sentence of 30 years’ imprisonment, a $1,000,000 fine, $400 in special assessments, and 12 years of supervised release following any imprisonment.­ Ngombwa also faces loss of citizenship.

Ngombwa appeared today in federal court in Cedar Rapids and was released on bond.  Ngombwa was ordered to: surrender any passport or travel documents; not travel outside of Linn County, Iowa; have no contact with potential witness concerning the case; and undergo a mental health evaluation.  Other standard conditions of release were also imposed.

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

The case is being prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by Homeland Security Investigations.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-CR-00123.

An illegal alien who assumed the identity of a U.S. citizen, obtained a U.S. passport, and voted in the 2012 presidential election pled guilty today in federal court in Cedar Rapids.

Abel Hernandez-Labra, age 44, an illegal alien living in Hampton, Iowa, was convicted of one count of making false statements in a passport application, one count of aggravated identity theft, one count of making a false claim of U.S. citizenship to register to vote, and one count of harboring an illegal alien.

In a plea agreement, Hernandez-Labra admitted that he is a Mexican citizen who illegally entered the United States.  Hernandez-Labra admitted he purchased a birth certificate and social security number of an American citizen born in Puerto Rico and assumed that identity.  Falsely claiming to be a United States citizen, Hernandez-Labra used those documents to obtain Iowa driver’s licenses which he in turn, used to apply for and fraudulently obtain a U.S. passport in 2008 and to unlawfully register and vote in the 2012 federal election.  Hernandez-Labra also admitted that, during 2014, he harbored and encouraged an illegal alien to reside unlawfully in the United States by providing work and a residence and by not reporting the alien to immigration authorities.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Hernandez-Labra remains in custody of the United States Marshal pending sentencing.  Hernandez-Labra faces a mandatory sentence of two years’ imprisonment on the aggravated identity theft conviction, and a possible maximum sentence of ten years’ imprisonment on the passport fraud conviction, and five years’ imprisonment on both the illegal voting conviction and alien harboring conviction, along with a $1,000,000 fine, $400 in special assessments, and three years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Daniel C. Tvedt and was investigated by agents from the U.S. Department of State, Diplomatic Security Service (DSS) Chicago Field Office; the Department of Homeland Security, Homeland Security Investigations; the Iowa Division of Investigations and Appeals; the Iowa Bureau of Investigation and Identity Protection; the Hampton Police Department; the Webster City Police Department; and the Hamilton County Sheriff’s Office. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-CR-3036.