Northern District of Iowa
Press releases recorded for this federal judicial district.
Spencer Man Sentenced to Federal Prison for Drug ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced June 13, 2013, to ten years in federal prison.
Gabriel Ginger, 26, from Spencer, Iowa, received the prison term after a January 30, 2013, guilty plea to one count of conspiring to distribute methamphetamine.
At the guilty plea, Ginger admitted his involvement in a conspiracy from about 2010 through August 2011 that distributed more than 50 grams of actual (pure) methamphetamine. On July 21, 2011, law enforcement officers executed a search warrant at Ginger’s residence and seized over 10 grams of methamphetamine which Ginger planned to distribute to others.
Ginger was sentenced in Sioux City by United States District Court Judge Donald E. O’Brien. Ginger was sentenced to 120 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.
Ginger is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the Iowa Department of Narcotics Enforcement, Spencer Police Department, Clay County Sheriff’s Office, Iowa Great Lakes Drug Task Force, and the Iowa Division of Criminal Investigations.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-4049.
Sioux City Sex Offender Sentenced to 18 Years on Child Pornography ChargesRead the Press Release
A man who distributed and received child pornography was sentenced June 26, 2013, to eighteen years in federal prison.
Jeffrey Huygens, age 47, of Sioux City, Iowa, received the sentence after a February 25, 2013, guilty plea to one count of distributing child pornography and one count of receiving child pornography. At the guilty plea, Huygens admitted he knowingly used the Internet to distribute and receive child pornography. Huygens also admitted that, in 1990, in Island County, Washington, he was convicted of Child Molestation in the First Degree.
Huygens was sentenced in Sioux City by United States District Court Judge Donald E. O’Brien. Huygens was sentenced to 216 months’ imprisonment. A special assessment of $200 was imposed, and Huygens must also serve a ten-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 Iowa Division of Criminal Investigation.
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 12-4094.
Sioux City Man Sentenced to 15 Years for Distributing Child PornographyRead the Press Release
A man who distributed child pornography was sentenced June 25, 2013, to fifteen years in federal prison.
Chad Carver, age 28, of Sioux City, Iowa, received the sentence after a February 28, 2013, guilty plea to one count of distributing child pornography. At the guilty plea, Carver admitted he knowingly used the Internet to distribute child pornography.Carver was sentenced in Sioux City by United States District Court Judge Donald E. O’Brien. Carver was sentenced to 180 months’ imprisonment. A special assessment of $100 was imposed, and Carver must also serve a ten-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 Iowa Division of Criminal Investigation and the Federal Bureau of Investigation.
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 12-4079.
Media AdvisoryRead the Press Release
There will be a press conference held on Friday, June 28, 2013, at 1:00 p.m., at the Cedar Rapids Police Department, 505 First Street SW, in Cedar Rapids. United States Attorney Sean Berry and other law enforcement officials, including those from the Federal Bureau of Investigation and the Cedar Rapids Police Department, will discuss the Cedar Rapids Safe Streets Task Force and will announce several new arrests and indictments in federal firearms cases.
The Cedar Rapids Safe Streets Task Force is a federal, state, and local law enforcement initiative aimed at addressing gang-related and violent crime in the Cedar Rapids area.
Press releases and interview opportunities will be available.
Fort Dodge Man to Federal Prison for Meth ConspiracyRead the Press Release
A man who conspired to manufacture and distribute methamphetamine was sentenced June 19, 2013, to eleven years in federal prison.
Randy Feauto, 31, from Fort Dodge, Iowa, received the prison term after a February 22, 2013, guilty plea to one count of conspiracy to manufacture and distribute methamphetamine and one count of possession of a firearm by a felon. On February 6, 2012, Feauto was convicted of delivery of a simulated controlled substance in the Iowa District Court for Buena Vista County.
At the guilty plea, Feauto admitted his involvement from about 2009 through September 2012, in a conspiracy to manufacture and distribute 50 grams or more of actual (pure) methamphetamine in the Fort Dodge, Iowa, area. On two occasions in May 2011, Feauto distributed over 2 grams of actual (pure) methamphetamine to an individual cooperating with law enforcement. Feauto possessed a .380 auto handgun in connection with his drug trafficking offenses. On August 17, 2012, in Fort Dodge, Iowa, law enforcement officers executed a search warrant at Feauto’s residence and officers seized the firearm from between the mattress and box spring in Feauto’s bedroom. Officers also seized a quantity of MSM (a known cutting agent for methamphetamine), marijuana and digital scales.
Feauto was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Feauto was sentenced to 132 months’ imprisonment. A special assessment of $200 was imposed. He must also serve a ten-year term of supervised release after the prison term. There is no parole in the federal system.
Feauto is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the Iowa Division of Narcotics Enforcement, Webster County Drug Task Force, Webster County Sheriff’s Office, Fort Dodge Police Department, and Iowa Division of Criminal Investigation.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-3046.
Fort Dodge Man Charged with Federal Child Pornography OffensesRead the Press Release
Brian Skou, age 26, of Fort Dodge, Iowa, has been indicted on federal child pornography charges. The charges are contained in an Indictment unsealed June 19, 2013, in United States District Court in Sioux City.
The Indictment alleges that, between 2007 and 2012, Skou received and possessed child pornography.
If convicted on all charges, Skou faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 40 years’ imprisonment, $750,000 in fines, a $300 special assessment, and at least 5 years and up to life on supervised release following any imprisonment.
Skou appeared on June 19, 2013, in federal court in Sioux City and was released on bond. Skou’s next appearance for trial is set for August 5, 2013.
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 Webster County Sheriff’s Office and the Fort Dodge 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 13-3019.
Spencer Iowa Man Sentenced to Federal Prison for Methamphetamine ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced June 13, 2013, to ten years in federal prison.
Ricardo Ballesteros, 29, from Spencer, Iowa, received the prison term after a September 13, 2012, guilty plea to conspiracy to distribute methamphetamine.
At the guilty plea, Ballesteros admitted his involvement in a conspiracy that distributed more than 10 pounds of mixed methamphetamine from 2010 through August 2011. On two occasions in June 2011, Ballesteros aided and abetted the distribution of more than 13 grams of actual (pure) methamphetamine to an individual cooperating with law enforcement.
Ballesteros was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Ballesteros was sentenced to 120 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.
Ballesteros is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the Iowa Division of Narcotics Enforcement, Iowa Division of Criminal Investigations, Spencer, Iowa, Police Department, and Clay County Sheriff’s Office.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-4048.
Dubuque Man Pleads Guilty to Distributing Heroin Resulting in Overdose DeathRead the Press Release
A man who sold heroin to a person who overdosed and died from using the heroin pled guilty on June 13, 2013, in federal court in Cedar Rapids.
Alvin Stanley Briggs, Jr., age 50, from Dubuque, Iowa, was convicted of distribution of heroin resulting in death. At the plea hearing, Briggs admitted that on July 3, 2013, he sold $100 worth of heroin to an individual identified as S.R., and that S.R. died as a result of using that heroin.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Briggs remains in custody of the United States Marshal pending sentencing. Briggs faces a mandatory minimum sentence of 20 years’ imprisonment and a possible maximum sentence of life imprisonment, a $1,000,000 fine, $100 in special assessments, and up to a lifetime term of supervised release following any imprisonment.
The case is being 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.
Cedar Rapids Man Sentenced to Nine Years for Possessing Child PornographyRead the Press Release
A man who possessed child pornography was sentenced June 13, 2013, to nine years in federal prison.
James Sumner, age 50, from Cedar Rapids, received the sentence after a March 15, 2013, jury verdict finding him guilty of three counts of possession of child pornography.Sumner was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Sumner was sentenced to 108 months’ imprisonment. A special assessment of $300 was imposed, and Sumner must also serve a ten-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 Cedar Rapids Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-92.
Fort Dodge Man to Federal Prison for Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced June 11, 2013, to 10 years in federal prison.
Troy Fulkerson, 42, from Fort Dodge, Iowa, received the prison term after a January 15, 2013, guilty plea to one count of conspiracy to distribute methamphetamine and one count of possessing with intent to distribute methamphetamine.
At the guilty plea, Fulkerson admitted his involvement in a conspiracy from about 2011 through October 2012 that distributed more than 150 grams of actual (pure) methamphetamine in the Fort Dodge, Iowa, area. Fulkerson also admitted to distributing more than 19 grams of methamphetamine during four separate transactions to individuals cooperating with law enforcement. On October 1, 2012, law enforcement officers executed a search warrant at Fulkerson’s residence, and seized over 30 grams of actual (pure) methamphetamine which Fulkerson admitted he planned to distribute to others. At the time the search warrant was executed, Fulkerson resided within 1000 feet of a protected location, the Holy Rosary School Park in Fort Dodge.
Fulkerson was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Fulkerson was sentenced to 120 months’ imprisonment. A special assessment of $200 was imposed. He must also serve a ten-year term of supervised release after the prison term. There is no parole in the federal system.
Fulkerson is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Iowa Department of Narcotics Enforcement, Fort Dodge Police Department, Webster County Sheriff’s Office, Clay County Sheriff’s Office, Story County Sheriff’s Office, 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 12-3049.
Allamakee County Man Charged with Federal Gun and Drug CrimesRead the Press Release
Chad Root, 41, from Waukon, Iowa, has been charged with possessing firearms as a felon, attempting to manufacture methamphetamine, conspiring to manufacture methamphetamine, and possession of pseudoephedrine. The charges are contained in a Superseding Indictment filed on June 5, 2013 in United States District Court in Cedar Rapids.
The Superseding Indictment alleges Root possessed ten different firearms, including one with an obliterated serial number, after having been convicted of multiple felony offenses, including Burglary in the Second Degree, Possession of Burglary Tools, Attempted Burglary in the Second Degree, Unauthorized Possession of Offensive Weapons, Possession of a Firearm as a Felon, and Possession of Methamphetamine with Intent to Deliver. The Superseding Indictment also alleges that, for a period of about one year, Root agreed and conspired with others to manufacture methamphetamine, and that Root was attempting to manufacture methamphetamine on April 29, 2013. An affidavit filed in the case alleges the firearms were located in Root’s residence during the execution of a search warrant on April 29, and that Root was located in the garage with an active “one-pot” methamphetamine lab.
If convicted, Root faces a mandatory minimum sentence of 10 years’ imprisonment, a possible maximum sentence of life imprisonment, a fine of up to $8,000,000, $400 in special assessments, and at least 8 years and up to a lifetime term of supervised release following any imprisonment.
Root first appeared on April 30, 2013 in federal court in Cedar Rapids pursuant to a criminal complaint, and was ordered detained pending trial. Trial is currently set for September 9, 2013.
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 Justin Lightfoot and was investigated by Iowa Division of Narcotics Enforcement, the Iowa State Patrol, the Decorah Police Department, the Monona Police Department, the Waukon Police Department, the Postville Police Department, and the Allamakee County Sheriff’s Office.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-CR-1007.
Cedar Rapids Dentist to Pay $100,000 to Resolve False Claims Act AllegationsRead the Press Release
Dennis Schuller, D.D.S., a Cedar Rapids dentist, has agreed to pay $100,000 to resolve allegations that he violated the False Claims Act by improperly billing the Medicaid system for certain x-rays and exams, medically unnecessary procedures, and other medically unnecessary items.
Specifically, the government alleged that, between August 1, 2008, and June 30, 2010, Dr. Schuller improperly billed for visits performed exclusively by a hygienist as well as medically unnecessary debridements and scalings. In addition, the government claimed Dr. Schuller improperly charged the Medicaid system for certain single tooth
x-rays, medically unnecessary occlusal guards, and medically unnecessary doses of desensitizing medication. The claims settled by the agreement are allegations only; there has been no admission or judicial determination of liability.“This settlement is an important step in furthering our district’s healthcare fraud enforcement program,” said Sean Berry, United States Attorney for the Northern District of Iowa. “Citizens are encouraged to report potential fraudulent conduct by healthcare providers to help our office ensure fair and efficient health systems throughout the district.”
The allegations resolved by the settlement arose from an investigation led by the Department of Health and Human Services. False claims act cases also arise under the qui tam, or whistleblower provisions of the False Claims Act. Under those provisions, a private party may file suit on behalf of the United States for false claims and share in any recovery.
Waterloo Shooter to Federal Prison for Gun, Drug ChargesRead the Press Release
A Waterloo man who shot another individual in October 2012 was sentenced today to more than 21 years in federal prison.
Amos Dee Deering, Sr., age 31, from Waterloo, Iowa, received the prison term after a February 25, 2013 guilty plea to possessing a firearm in furtherance of a drug trafficking crime, possession with intent to distribute crack cocaine, and being unlawfully in possession of a firearm as a felon, domestic abuser, and drug user.
Evidence at an earlier hearing showed that in the early morning of October 19, 2012, Deering fought with another individual at a residence in the 400 block of Lane Street in Waterloo, Iowa. During the fight Deering shot the other individual in the upper torso. After fleeing the scene of the shooting, Deering drove to Singing Bird Lake park, but left the park only a few minutes later. Deering’s car was stopped and he was detained on suspicion of drunk driving. Officers returned to the park and, under a bush, found a discarded sock containing a pistol and some crack cocaine. Forensic tests later matched the firearm found inside the sock to a shell casing found at the scene of the shooting. Deering had previously been convicted of first degree burglary, felony eluding, and domestic abuse causing bodily injury.
Deering was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Deering was sentenced to 261 months’ imprisonment. A special assessment of $300 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.
Deering 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 Waterloo Police Department.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 6:13-CR-02002-LRR.
Dubuque Man Sentenced to over 23 Years' Imprisonment for Manufacturing MethamphetamineRead the Press Release
Methamphetamine Lab Caused Fire at House Occupied by Sleeping Child
A man whose house caught fire from an illegal methamphetamine lab was sentenced today to more than 23 years in federal prison.
Rory Lee Zirkelbach, age 43, from Dubuque, Iowa, received the prison term after a February 28, 2013, guilty plea to one count of manufacturing methamphetamine within 1000 feet of a protected location following a prior felony drug conviction.
The evidence at a prior detention hearing showed that on May 31, 2012, Zirkelbach attempted to make methamphetamine on the second floor of his residence on Jackson Street in Dubuque. The methamphetamine lab caught fire. A passing bus driver stopped his bus in front of the house and yelled at a neighbor standing on the front porch that the house was on fire. The neighbor reentered her half of the burning house to rescue her sleeping minor child. During the investigation of the fire, officials found the remnants of the methamphetamine lab which caused the fire. This residence was within 1,000 feet of Fulton Elementary School and Comiskey Park, both protected locations. Zirkelbach was convicted in 1998 of possession with intent to deliver amphetamine and possession with intent to deliver cocaine.
Zirkelbach was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Zirkelbach was sentenced to 235 months’ imprisonment. A special assessment of $100 was imposed, and he was ordered to make $40,803.64 in restitution for damages resulting from the fire. He must also serve a ten-year term of supervised release after the prison term. There is no parole in the federal system.
Zirkelbach 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 Dubuque Drug Task Force consisting of officers 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 13-1001.
Rodeo Clown Sentenced to Twenty Years for Conspiracy to Grow MarijuanaRead the Press Release
A professional rodeo clown who grew marijuana for over six years was sentenced on May 29, 2013, to twenty years in federal prison.
Rory Meeks, 55, from Marion, Iowa, received the prison term after a March 8, 2013, jury verdict finding him guilty of conspiracy to manufacture marijuana.
The evidence at trial showed that Meeks, who worked as a rodeo clown and bullfighter in local and national rodeos, conspired with others to grow marijuana in rural Jones County from 2004 through 2011. Each spring, Meeks planted marijuana along corn and soybean fields in secluded spots throughout Jones County and then tended the plants throughout the summer. Meeks and others harvested the plants in the fall, processed the plants at a house in Jones County, and then sold the marijuana over the fall and winter. The jury found that Meeks was involved in growing over 1000 marijuana plants between 2004 and 2011.
Meeks conviction was his second drug trafficking conviction in federal court. In 1987, a jury found Meeks guilty of three charges involving cocaine trafficking. Following that conviction, a Federal District Court Judge sentenced Meeks to ten years’ imprisonment and imposed a $10,000 fine.
On his latest conviction, Meeks was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Meeks was sentenced to twenty years’ imprisonment. Because this was Meeks’ second felony drug conviction and due to the amount of marijuana involved, Meeks was subject to a mandatory minimum sentence of twenty years in prison. A special assessment of $100 was also imposed. Meeks must also serve a ten-year term of supervised release after the prison term. There is no parole in the federal system.
Meeks 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 Drug Enforcement Administration, the Jones County Sheriff’s Office, and the Monticello Police Department.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-91-LRR.
Federal Sentence for Serial Internet Predator Highlights Online Dangers to ChildrenInternet Predator Used Social Networking Websites to Sexually Exploit and Extort ChildrenRead the Press Release
United States Attorney Sean R. Berry, Cedar Rapids Police Department Captains Steve O’Konek, Bernie Walther and Tom Jouker, and Cedar Rapids Police Department Lieutenant Craig Furnish announced today the sentencing of Lucas Robinson, age 24, from Cedar Rapids. Robinson was sentenced to 42 years in federal prison for one count of sexual exploitation of children, one count of possession of child pornography, and one count of extortion.
Between 2009 and 2012, Robinson victimized at least twelve minor females as part of his offenses. Robinson met most of his victims online and then later communicated with them by mobile telephone. His victims were between the ages of 12 and 15 and they lived in 7 different states in addition to Iowa. In order to obtain additional sexually explicit images of his victims, Robinson threatened to distribute sexually explicit images they already had sent to him. He threatened to distribute the images on websites, to a parent, to their friends, and to others they knew from school. Robinson convinced one female victim to share her Facebook password with him, and later told her that he had her password and could send sexually explicit images of her to her friends. Robinson extorted one of his victims to meet with him and have sex with him.
Robinson was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Robinson was sentenced to 42 years in prison to be followed by a 15-year term of supervised release after the prison term. There is no parole in the federal system. Robinson is being held in the United States Marshal’s custody until he can be transported to a federal prison.“Now that kids are home for the summer, parents need to keep in mind the dangers their children face on the Internet. Sexual predators are searching the Internet for children and can use social networking sites like Facebook to learn about and make contact with your child,” said United States Attorney Berry. “The Internet can be a wonderful resource for kids, but sadly, it is often used to prey on them.”
“Parents need to teach their children to use the Internet safely,” said Berry. “Children need to know that, by following certain rules, they can protect themselves while ‘surfing the net.’” Berry suggested parents to tell their children to:• Never post their name, address, telephone number, school name, parent’s name, or any other personal information.
• Never post or send pictures of themselves without permission from their parents.
• Never agree to meet face to face with someone they’ve met online without permission from their parents.
• Never respond to messages that have bad words, talk about their bodies, or seem scary or strange.
• Always tell their parents if they find something scary or threatening on the Internet.
Berry advised that parents should also monitor their children’s access to and use of the Internet. Parents should:
• Monitor their children when they’re online and monitor the time they spend online. Keep the computer in a common area of the house. If a child quickly changes the screen or becomes uneasy or defensive when a parent walks into the room, this could be a sign that the child is involved in something he or she should not be.
• Make sure that access to the Internet at school and at friends’ houses is monitored by adults.
• Watch for unexplained changes in their child’s behavior or attitude.
• Watch for unusual telephone calls or mail addressed to their child.
• Save any threatening e-mails or pornographic material received by their child and provide it to law enforcement officers.
“By paying attention and insisting on some common sense rules, parents can go a long way toward protecting their children from Internet predators like Lucas Robinson,” Berry said.
The Robinson case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Cedar Rapids Police Department, the Benton County Sheriff’s Office, and the Iowa Internet Crimes Against Children Task Force. Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-0089. The 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.”Cedar Rapids Man Sentenced for Posting False Information About A Consumer Product on the InternetRead the Press Release
A man who posted a false statement on Facebook claiming a consumer product was contaminated was sentenced today to five years in federal prison.
Luke A. Truesdell, age 40, from Cedar Rapids, Iowa, received the prison term after a February 8, 2013 guilty plea to one count of communicating false information that a consumer product had been tainted and one count of making a false statement to the United States Food and Drug Administration (FDA).
In a plea agreement, Truesdell admitted that, on January 26, 2012, shortly after he was fired from his job in Linn County, Iowa, he called the FDA and made a false statement. Truesdell told the FDA he was a Hepatitis B carrier and then falsely claimed he had bled into batches of an FDA regulated consumer product manufactured by his former employer. Truesdell also admitted that, on January 27, 2012, he posted similar, false information on the Facebook page of one of his former employer’s customers.
Truesdell was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Truesdell was sentenced to five years’ imprisonment and ordered to make $17,721 in restitution his former employer. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. In announcing the sentence, Judge Reade said, “we all know when you put something on the internet, you are posting it to the world.” Judge Reade added that this type of criminal activity “can result in consumer fear and panic.”
“This case demonstrates the blatant misuse of social media to intentionally cause financial harm to business entities manufacturing FDA regulated products,” said Special Agent in Charge Patrick J. Holland of FDA’s Office of Criminal Investigations, Kansas City Field Office. “The FDA will continue to aggressively pursue perpetrators of such acts, and ensure that they are punished to the full extent of the law.”
Truesdell 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 Peter Deegan and was investigated by the United States Food and Drug Administration Office of Criminal Investigations.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-CR-8 LRR.
Early Man Pleads Guilty to Meth ConspiracyRead the Press Release
A man who conspired to manufacture and distribute methamphetamine pled guilty May 23, 2013, in federal court in Sioux City.
David Robley, 52, from Early, Iowa, were convicted of conspiring to manufacture and distribute methamphetamine.
At the plea hearing, Robley admitted his involvement in a conspiracy from about 2010 through January 2013 that manufactured and distributed more than 50 grams of actual (pure) methamphetamine. According to pseudoephedrine purchase logs obtained in the investigation, starting in January 2010 through December 2012, Robley acquired at least 102.24 grams of pseudoephedrine for the manufacture of methamphetamine.
Sentencing before United States District Court Judge Mark W. Bennett will be set after a presentence report is prepared. Robley was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing. Robley faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, a special assessment of $100, and five years up to life of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Iowa Division of Narcotics Enforcement and the Clay County Sheriff’s Office.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-4007.
Felon Convicted of Possessing Gun Used in Prior ShootingRead the Press Release
A man who had a firearm hidden under his seat during a traffic stop in Waterloo was convicted by a jury today after a two-day trial in federal court in Cedar Rapids.
Delvonn Battle, 31, from Des Moines, Iowa, was convicted of possessing a firearm as a felon. The verdict was returned this afternoon following about one hour of jury deliberations.
The evidence at trial showed that Battle was riding in the passenger seat of a vehicle pulled over by Waterloo police officers just before midnight on January 13, 2012. The vehicle was driven by Ryan Marshall. A third occupant was in the rear passenger seat. All three occupants were from Des Moines. Based on inconsistent statements by the three occupants and other suspicious behavior, officers searched the vehicle. A loaded Ruger 9 millimeter pistol was found directly under Battle’s seat.
State crime lab evidence showed that the pistol located under Battle’s seat was the exact same firearm used in a shooting at a gas station in Des Moines just one month earlier. Battle was identified by an eyewitness as the shooter in the gas station shooting.
The driver of the vehicle, Ryan Marshall, was convicted of transporting a firearm as a felon earlier this year following a state jury trial in Black Hawk County. Marshall was not charged in the federal case.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Battle remains in custody of the United States Marshal pending sentencing. Battle faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, $100 in special assessments, and up to three years of supervised release following any imprisonment.The case is being prosecuted by Assistant United States Attorney Justin Lightfoot and was investigated by the Waterloo Police Department Violent Crime Apprehension Team (VCAT), and the Des Moines Police Department.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-CR-2005.
Cedar Rapids Drug Felon Convicted of Unlawful Possession of Ammunition and Possession of Crack Cocaine with Intent to DistributeRead the Press Release
A Cedar Rapids man with two prior drug trafficking convictions under different names was convicted by a jury today after a two-day trial in federal court in Cedar Rapids.
Gregory Givens, age 29, from Cedar Rapids, Iowa, was convicted of one count of possession of ammunition by a felon and one count of possession of crack cocaine with the intent to distribute. The verdict was returned this afternoon following about two and one-half hours of jury deliberations.
The evidence at trial showed that on October 7, 2010, Givens was stopped by a Cedar Rapids police officer for a traffic violation. When conducting the traffic stop, officers smelled, then recovered a large quantity of marijuana and a box of 9mm ammunition from inside the car. Givens provided the police officer a false name and identification and lied about his criminal history. Later investigation showed Givens had twice been convicted in 2002 in Cook County, Illinois, under two different names, of felony possession of cocaine with intent to deliver.
The evidence also showed that on December 22, 2010, Cedar Rapids police officers executed a search warrant at an apartment where Givens was staying. As officers entered a bedroom, they found Givens with his hand in between the mattress and the headboard of the only bed in the room. During the search of the bedroom, officers found a large quantity of marijuana inside the mattress where Givens had his hand and crack cocaine on the floor where Givens was standing. Givens again provided a different false name to officers when he was arrested. Givens’ identity on all of his convictions and arrests was confirmed through fingerprint analysis.
Givens previously pled guilty to possession of marijuana with intent to deliver in Iowa District Court for the marijuana found on October 7 and December 22, 2010.
During his trial, Givens refused to acknowledge the jurisdiction of the United States District Court, refused to participate in his trial, and refused to be in the courtroom.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Givens remains in custody of the United States Marshal pending sentencing. On the ammunition conviction, Givens 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. On the crack cocaine conviction, Givens faces a possible maximum sentence of 30 years’ imprisonment, a $2,000,000 fine, $100 in special assessments, and not more than life on supervised release following any imprisonment.
This case is being prosecuted as part of Project Safe Neighborhoods, a cooperative local, state and federal program aimed at the enhanced prosecution of gun crimes. The case is being prosecuted by Assistant United States Attorney Daniel C. Tvedt and was investigated by the Cedar Rapids Police Department, the Bureau of Alcohol, Tobacco, and Firearms and the Federal Bureau of Investigation.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-55.
Man Sentenced for Impeding and Intimidating ProescutorRead the Press Release
A Minnesota man who interfered with a federal prosecutor while engaged in his official duties was sentenced on May 16, 2013, in federal court in Davenport.
Timothy Demuth, age 51, from Plymouth, Minnesota, was sentenced by United States District Court Judge John A. Jarvey to serve a one-year term of probation. Demuth was also ordered to perform 200 hours of community service; was fined $2000; and was ordered to pay a special assessment of $25.
At the sentencing hearing, Demuth apologized for his actions, including for making physical contact with the Southern District of Iowa (SDIA) Assistant United States Attorney (AUSA) who prosecuted Demuth’s son, Scott Demuth, in SDIA criminal case number 09-CR-00117. Demuth admitted previously that following the sentencing of his son, on February 14, 2011, he bumped shoulders with the AUSA, and then intentionally stepped directly in front of the AUSA, thereby opposing, impeding, intimidating, and interfering with the AUSA as the AUSA attempted to exit the courtroom.
Demuth and his wife both told the court at Demuth’s sentencing hearing that Demuth had not intended to make physical contact with the AUSA. However, the AUSA who prosecuted Demuth’s son described for the court Demuth’s actions in intentionally bumping and “squaring off” against the AUSA.In sentencing Demuth, Judge Jarvey found the AUSA’s description of the incident to be more credible. The court noted that the offense went to the “integrity of the judicial system,” and that all participants in the criminal justice process, including judges, attorneys, and other court officers, needed to know that they could do their jobs without intimidation. The court stated the offense was therefore “very serious” and could not be excused because Scott Demuth’s sentencing was stressful to the family.
The case was prosecuted by Northern District of Iowa Assistant United States Attorney Richard L. Murphy and was investigated by the United States Marshals Service.
Court file information is available at https://ecf.iasd.uscourts.gov/cgi-bin/login.pl. The case file number is 12-CR-00105.
Early, Iowa Woman Convicted of Methamphetamine ConspiracyRead the Press Release
A woman who conspired to manufacture and distribute methamphetamine was convicted by a jury May 16, 2013, after a three-day trial in federal court in Sioux City.
Shirley Schmitt, 54, from Early, Iowa, was convicted of one count of conspiracy to manufacture and distribute methamphetamine and one count of possession of pseudoephedrine with intent to manufacture methamphetamine. The verdict was returned following about three hours of jury deliberations.
The evidence at trial showed that Schmitt conspired to manufacture and distribute 50 grams or more of actual (pure) methamphetamine from 2010 through July 2012. According to pseudoephedrine purchase logs obtained in the investigation, starting in July 2010 Schmitt acquired (by purchase or other means) at least 98 grams of pseudoephedrine for the manufacture of methamphetamine. Schmitt also had others obtain at least 400 grams of pseudoephedrine and other items for her to manufacture methamphetamine in exchange for methamphetamine. On June 28, 2012, Schmitt received pseudoephedrine from an undercover law enforcement officer and agreed to manufacture methamphetamine for the officer.
Sentencing before United States District Court Judge Donald E. O’Brien will be set after a presentence report is prepared. Schmitt remains free on bond previously set pending sentencing. On the conspiracy conviction, Schmitt faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, a special assessment of $100, and five years up to life of supervised release following any imprisonment. On the possession of pseudoephedrine conviction Schmitt faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, a special assessment of $100, and up to three years of supervised release.
The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Iowa Division of Narcotics Enforcement, Sac County Sheriff’s Office, Buena Vista County Sheriff’s Office, Storm Lake Police Department and Iowa Division of Criminal Investigations.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-4076.
Storm Lake Man Sentenced to Federal Prison for Methamphetamine ConspiracyRead the Press Release
A man who conspired to manufacture and distribute methamphetamine was sentenced May 10, 2013, to more than five years in federal prison.
Rodney Brock, 43, from Storm Lake, Iowa, received the prison term after a February 7, 2013, guilty plea to conspiring to manufacture and distribute methamphetamine.
At the guilty plea, Brock admitted his involvement in a conspiracy from about July 2011 through October 2012 that manufactured and distributed at least 50 grams of actual (pure) methamphetamine. According to pseudoephedrine purchase logs obtained in the investigation, starting in July 2011 through October 2012 Brock himself acquired at least 34.9 grams of pseudoephedrine for the manufacture of methamphetamine, and associates of Brock acquired at least 55 grams of pseudoephedrine for the manufacture of methamphetamine by Brock. On July 5, 2012, law enforcement officers executed a search warrant at Brock’s residence and seized a number of items indicative of methamphetamine manufacturing.
Brock was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Brock was sentenced to 66 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.
Brock is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Storm Lake Police Department, Buena Vista County Sheriff’s Office, Clay County Sheriff’s Office, 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 12-4097.
Fort Dodge Woman to Federal Prison for Meth ConspiracyRead the Press Release
A woman who conspired to distribute methamphetamine was sentenced May 10, 2013, to ten years in federal prison.
Christina Fulkerson, 39, from Fort Dodge, Iowa, received the prison term after a January 25, 2013, guilty plea to one count of conspiracy to distribute methamphetamine and one count of possessing with intent to distribute methamphetamine.
At the guilty plea, Fulkerson admitted her involvement in a conspiracy from about 2011 through October 2012 that distributed more than 150 grams of actual (pure) methamphetamine in the Fort Dodge, Iowa, area. Fulkerson also admitted to distributing more than 19 grams of methamphetamine during four separate transactions with individuals cooperating with law enforcement. On October 1, 2012, law enforcement officers executed a search warrant at Fulkerson’s residence and seized over 30 grams of actual (pure) methamphetamine which Fulkerson admitted she planned to distribute to others. Fulkerson’s residence was within 1000 feet of a protected location, Holy Rosary School Park.
Fulkerson was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Fulkerson was sentenced to 120 months’ imprisonment. A special assessment of $200 was imposed. She must also serve a ten-year term of supervised release after the prison term. There is no parole in the federal system.
Fulkerson is being held in the United States Marshal’s custody until she can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Iowa Department of Narcotics Enforcement, Fort Dodge Police Department, Webster County Sheriff’s Office, Clay County Sheriff’s Office, Story County Sheriff’s Office, 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 12-3049.
Fenton Man Charged with Federal Child Sexual Exploitation OffensesRead the Press Release
Timothy Koenck, age 53, of Fenton, Iowa, has been indicted on federal child sexual exploitation charges. The charges are contained in an Indictment unsealed April 22, 2013, in United States District Court in Sioux City.
The Indictment alleges that, between 2010 and 2012, Koenck enticed a minor to engage in sexual activity, traveled across a state line to engage in illicit sexual conduct, received child pornography, and possessed child pornography, after having been convicted of enticement of a minor and possession of child pornography in 2001-2002.
If convicted on all charges, Koenck faces a mandatory minimum sentence of 20 years’ imprisonment and a possible maximum sentence of life imprisonment, $1,750,000 in fines, $700 in special assessments, and at least 5 years and up to life on supervised release following any imprisonment.
Koenck appeared on April 22, 2013, in federal court in Sioux City and was held without bond. Koenck’s next appearance for trial is set for July 1, 2013.
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 Federal Bureau of Investigation, the Iowa Division of Criminal Investigation, the Kossuth County Sheriff’s Office, and the Mower County, Minnesota, Sheriff’s Office.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 13-3016.
Spencer, Iowa Couple Plead Guilty to Meth ConspiracyRead the Press Release
A Spencer, Iowa, couple who conspired to manufacture and distribute methamphetamine pled guilty May 8, 2013, in federal court in Sioux City.
Vicki Shannon, 50, and John Gekas, 46, from Spencer, Iowa, were convicted of conspiring to manufacture and distribute methamphetamine.
At the plea hearing, Shannon and Gekas each admitted their involvement in a conspiracy from about 2010 through January 2013 that manufactured and distributed more than 50 grams of actual (pure) methamphetamine. According to pseudoephedrine purchase logs obtained in the investigation, starting in January 2010 through December 2012, Gekas acquired at least 96.48 grams of pseudoephedrine and starting in August 2010 through January 2013, Shannon acquired at least 136.9 grams of pseudoephedrine for the manufacture of methamphetamine.
Sentencing before United States District Court Judge Mark W. Bennett will be set after presentence reports are prepared. Shannon and Gekas were taken into custody by the United States Marshal after the guilty pleas and will remain in custody pending sentencing. Each face a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, a special assessment of $100, and five years up to life of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Iowa Division of Narcotics Enforcement and the Clay County Sheriff’s Office.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-4007.
Cedar Rapids Felon and Drug User Sentenced to Almost 6 Years in Prison for Unlawful Possession of A FirearmRead the Press Release
A man who used marijuana and possessed a firearm after being convicted of a felony offense was sentenced today to almost six years in federal prison.
Andre Kase, Jr., age 20, from Cedar Rapids, Iowa, received the prison term after a February 27, 2013, guilty plea to one count of possession of a firearm by a felon and unlawful user of marijuana.
At the plea hearing, Kase admitted that on October 8, 2012, Cedar Rapids police officers responded to a report of an attempted burglary in progress. Upon arriving in the area, officers found Kase in possession of a stolen Smith and Wesson .380 caliber handgun. Kase admitted that he was a marijuana user and that he had been convicted of Burglary on September 19, 2012. Kase was also convicted in March 2012 of Carrying Weapons in which he admitted shooting a man with a stolen gun during a drug deal.
Kase was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Kase was sentenced to 71 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.
Kase is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was prosecuted as part of Project Safe Neighborhoods, a cooperative local, state and federal program aimed at the enhanced prosecution of gun crimes. The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and was investigated by the Cedar Rapids Police Department, the Bureau of Alcohol, Tobacco, and Firearms and the Federal Bureau of Investigation.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-0084.
Drug User Sentenced to Prison for Two Years for Unlawful Possession of A FirearmRead the Press Release
A marijuana user who unlawfully possessed a gun with an obliterated serial number was sentenced today to two years in federal prison.
Geromey Gilliand, age 23, from Dubuque, Iowa, received the prison term after a January 31, 2013, guilty plea to one count of possession of a firearm by an illegal drug user.
At the plea hearing, Gilliand admitted he was an unlawful user of marijuana on November 28, 2012, when police officers arrested him in Dubuque on an outstanding arrest warrant. During a search incident to arrest, officers found marijuana and a loaded .22 caliber pistol in Gilliand’s backpack. The serial number on the gun had been scratched off.
Gilliand was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Gilliand 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.
Gilliand is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was prosecuted as part of Project Safe Neighborhoods, a cooperative local, state and federal program aimed at the enhanced prosecution of gun crimes. The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and was investigated by the Dubuque Police Department, the Dubuque Sheriff’s Office, and the Bureau of Alcohol, Tobacco, and Firearms.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-1023.
Marion Man Charged with Wire Fraud, Money Laundering, and Aggravated Identity TheftRead the Press Release
Randy Beltramea, from Marion, Iowa, has been charged with two counts of wire fraud, three counts of money laundering, and one count of aggravated identity theft. The charges are contained in an Indictment filed on April 19, 2013, in United States District Court in Cedar Rapids.
The Indictment alleges that, beginning in or around 2009 and continuing through 2011, Beltramea executed a scheme to defraud others of money by soliciting approximately of $125,000 from them falsely representing to them the money would be used to invest in Subway restaurant franchises, when Beltramea actually intended and did use the money in relation to his own real estate development. In connection with this scheme, the Indictment alleges Beltramea laundered the proceeds of the fraud on three occasions to make payments to support his real estate development. The Indictment further alleges that, in inducing one of the victims to invest in Subway franchises, Beltramea used the name of another person, without that person’s permission, on a promissory note purporting to represent that person would repay the victim’s money.If convicted on all counts, Beltramea faces a mandatory minimum sentence of two years’ imprisonment and a possible maximum sentence of 72 years’ imprisonment, a $1.5 million fine, $600 in special assessments, and 18 years of supervised release following any imprisonment.
Beltramea appeared on April 30, 2013, in federal court in Cedar Rapids and was released on bond pending trial. Trial in the matter is set for July 1, 2013.
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 Internal Revenue Service.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-CR-20.
Former Agriprocessors' Manager Hosam Amara to Appear in Court Following Extradition from IsraelRead the Press Release
Former Agriprocessors’ manager Hosam Amara is scheduled to appear today in federal court in Cedar Rapids following his extradition from Israel. According to Israeli authorities, Amara was arrested in Israel on March 31, 2011.Hosam Amara, age 48, was first indicted on November 20, 2008. A July 16, 2009, superseding indictment charged Amara with one count of conspiracy to harbor undocumented aliens for profit, twenty-four counts of harboring and aiding abetting the harboring of undocumented aliens for profit, one count of conspiracy to commit document fraud, and one count of aiding and abetting document fraud.
If convicted, Amara faces up to ten years’ imprisonment on each of the conspiracy to harbor undocumented aliens for profit charge and the harboring undocumented aliens for profit charges, up to five years’ imprisonment on the conspiracy to commit document fraud charge, and up to ten years’ imprisonment on the document fraud charge. In addition, if convicted, Amara faces fines, special assessments, and supervised release following any imprisonment.
Amara’s first appearance in federal court in Cedar Rapids for an initial appearance and arraignment is set for today at 1:30 p.m.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Assistant United States Attorneys Peter Deegan, C.J. Williams, and Matthew Cole. The investigation has been led by Homeland Security Investigations with assistance from the Federal Bureau of Investigation. Prior assistance was provided by the United States Marshals Service; United States Postal Inspections Service; Iowa Department of Public Safety; Iowa Department of Transportation; Federal Protective Service; Internal Revenue Service – Criminal Investigations; United States Department of Labor; Public Health Service; United States Department of Agriculture; United States Environmental Protection Agency; Iowa Department of Natural Resources; Drug Enforcement Administration; Waterloo Police Department; and Postville Police Department.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 08-1324 LRR.
Guatemalan Man Pleads Guilty to Illegal Reentry After Deportation and Unlawful Possession of Ammunition by A Felon and Illegal AlienRead the Press Release
A Guatemalan man who illegally reentered the United States and unlawfully possessed ammunition pled guilty today in federal court in Cedar Rapids.
Armando Ramiro Garcia-Arenales, age 30, from Waterloo, Iowa, was convicted of one count of illegal reentry into the United States after deportation by an aggravated felon and one count of unlawful possession of ammunition by a felon and illegal alien.
The evidence showed that on March 1, 2013, Garcia-Arenales was arrested following a traffic stop by officers of the Waterloo Police Department. A search of Garcia-Arenales’ car uncovered numerous rounds of 9 mm ammunition. Garcia-Arenales had previously been convicted in 2005 in Clayton County, Iowa, of the felony offenses of delivery of cocaine and possession of cocaine with intent to deliver.
On March 13, 2013, officers from the Department of Homeland Security, Immigration and Customs Enforcement (ICE), determined that Garcia-Arenales had previously been deported in October 2008 and had not received permission to reenter the United States. Garcia-Arenales had been arrested in May 2008 in an immigration enforcement action at Agriprocessors in Postville, Iowa. He was convicted in the United States District Court for the Northern District of Iowa of use of a fraudulent alien registration card and ordered removed from the United States.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Garcia-Arenales remains in custody of the United States Marshal pending sentencing. Garcia-Arenales faces a possible maximum sentence of 20 years’ imprisonment on the illegal reentry charge and 10 years’ imprisonment on the ammunition charge, a $500,000 fine, $200 in special assessments, and 6 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Daniel C. Tvedt and was investigated by officers from the Waterloo Police Department, and the Department of Homeland Security, Immigration and Customs Enforcement.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 13-2008.
U.S. Attorneys' Offices in Iowa Observe National Crime Victims' Rights WeekRead the Press Release
U.S. Attorneys for the Northern and Southern Districts of Iowa, Sean R. Berry and Nicholas A. Klinefeldt, announced that two individuals will be honored for outstanding service to crime victims in an awards ceremony. The awards will be presented during a National Crime Victims’ Rights Week Celebration which will be held on April 25, 2012 at the Jessie Parker Building, 510 E. 12th Street, Des Moines, Iowa, in the Iowa Department of Corrections Office’s Grant Room from 10:00 a.m. to 12:00 p.m. This year’s observance of National Crime Victims’ Rights Week runs from April 21 to April 27. This year’s theme, “New Challenges. New Solutions,” celebrates the spirit that will advance the progress these heroes achieved. It also captures the spirit and highlights the need for us to assist and serve each and every victim in need of hope and help.
The Continuous Service Award
United States Postal Inspector Tina Nobis will receive the Continuous Service Award, which recognizes a nominee who has provided help to victims for many years. Inspector Nobis has long been noted for her compassionate effort on behalf of hundreds of fraud victims.
The Single Act Award
Iowa Division of Criminal Investigation (DCI) Special Agent Mike Roehrkasse will receive the Single Act Award, which recognizes a nominee who has provided exceptional assistance to crime victims in a specific case. Special Agent Roehrkasse was the lead agent in a case involving two missing Iowa children. Special Agent Roehrkasse, while balancing the investigation of the missing children, provided constant support to the immediate families of the children. He frequently met with the families, at times on a daily basis, to notify them of the progress of the investigation. Special Agent Roehrkasse demonstrated unwavering compassion as he supported the families throughout the investigation.
The Law Enforcement Victim Service Awards are the highest federal honors in the State of Iowa for victim services provided by law enforcement. The awards are presented to law enforcement officers who have gone above and beyond the call of duty through their dedication and efforts to show compassion and caring for victims of crime. The awards are determined by the Federal Law Enforcement Victim Committee of the U.S. Attorneys’ Offices for the Northern and Southern Districts of Iowa. The committee consists of representatives from federal law enforcement agencies and federal and state victim service agencies.
“The U.S. Attorney’s Office is deeply committed to assisting victims of federal crimes, ensuring they are afforded their rights under the Crime Victims’ Rights Act, protecting them from further harm, and helping them reshape their futures,” said U.S. Attorney Nicholas Klinefeldt.
The Crime Victims’ Rights Act (CVRA), enacted in 2004, grants victims in federal criminal proceedings certain enforceable rights, including the right to be reasonably heard at public court proceedings and to receive full and timely restitution as provided by law. The U.S. Attorneys’ Offices in the Northern and Southern District of Iowa have a dedicated Victim Witness staff that serve federal crime victims across state’s 99 counties. The Victim Witness staff sends notices to victims of significant case events through the Department of Justice’s (DOJ) Victim Notification System (VNS). Such notices enable victims to participate in court proceedings and make their voices heard. According to Department of Justice Statistics, in Fiscal Year (FY) 2012, the U.S. Attorneys’ offices provided notice of over 12.2 million case events, including notices regarding criminal charges filed, plea hearings, bond hearings and sentencing hearings.
Notification of significant case events leads to increased victim participation in court proceedings. Court accompaniment helps ensure that victim participation in court proceedings is meaningful as Victim-Witness personnel can answer questions and explain the federal judicial process.
In addition to notification and court accompaniment, the U.S. Attorneys’ Offices Victim Witness staff provides essential services to victims, such as making referrals for counseling, securing temporary housing, assisting with access to victim compensation funds, and accompanying victims to court to provide support and guidance during the proceedings. These services provide tools victims need to reshape their futures.
U.S. Attorney Sean Berry said, “This week is a time to raise awareness about the rights and needs of crime victims, the challenges victims face in the recovery process, and the positive impact of those who provide services and support to victims.”
Further information about National Crime Victims’ Rights Week is available at http://ovc.ncjrs.gov/ncvrw/. Media wishing to attend the award presentation should contact Shari Konarske, at 319-361-0908 to arrange access to the event.
Man Sentenced for Money Laundering and Harboring AliensRead the Press Release
A Costa Rican citizen who harbored illegal alien workers by employing them as roofers in Iowa and elsewhere, and who laundered the proceeds of his criminal activity, was sentenced in federal court in Cedar Rapids on Thursday, April 18, 2013.
Luis Trejos, age 45, a permanent resident alien originally from Costa Rica, who most recently lived in Newnan, Georgia, was sentenced to serve 30 months in federal prison after having pleaded guilty on December 3, 2012, to one count of harboring and transporting illegal aliens, and one count of money laundering.
Trejos was sentenced in federal court in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. In addition to the 30 month prison sentence, Trejos was ordered to pay a special assessment of $200.00, and will be required to serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Evidence presented in the case showed Trejos had worked as a roofing contractor for several years in various communities across the country. In March 2012, Trejos agreed to perform roofing work for an eastern Iowa roofing company. Trejos arranged for workers to come to Iowa and work with him for the roofing company. These workers were neither lawfully present nor authorized to work in the United States. Trejos also hired other workers in Iowa who were not authorized to work in the United States. Trejos admitted he knew and recklessly disregarded the fact that the workers had come to and remained in the United States in violation of law. Trejos admitted he took no action to verify the legal status of the workers. Trejos also performed similar work for a company in Kentucky in 2012.
In sentencing Trejos, Judge Reade noted the broad scope of Trejos’s conduct and the role he played in organizing and managing the criminal activity.
Trejos will be held in United States Marshal’s custody pending transport to a federal prison.
The case was prosecuted by Assistant United States Attorney Richard L. Murphy and investigated by Homeland Security Investigations.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-CR-00061.
Man Sentenced for Making Threatening CommunicationsRead the Press Release
A man who made hundreds of harassing and threatening phone calls, emails, and other communications to Allamakee County, Iowa, judges, law enforcement officers, court employees, and others, was sentenced in federal court in Cedar Rapids on Tuesday, April 16, 2013.
Kenneth Haag, age 27, from Lansing, Iowa, was sentenced to serve 33 months in federal prison after having pleaded guilty on January 25, 2013, to one count of threatening, via an interstate telephone call, to injure another person.
Haag was sentenced in federal court in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Haag was also ordered to serve a three-year term of supervised release following completion of his term of imprisonment. While on supervised release, Haag will be prohibited from consuming alcohol or entering bars, taverns, or other establishments whose primary source of income is derived from the sale of alcohol. Haag will also be required to participate in mental health counseling or treatment; complete a program of substance abuse testing and treatment; and not have any direct or indirect contact with the victims of his criminal conduct.
In sentencing Haag, Judge Reade noted the threats he made were “particularly frightening” and not simply a “nuisance.” The court noted Haag sent hundreds of communications, and the communications were “very goal-directed” in that Haag was seeking redress for what he perceived to be prior wrongful criminal convictions. Evidence presented at the hearing showed many of the communications made by Haag were directed to judges, law enforcement officers, or to the victim involved in a 2004 Allamakee County criminal case against Haag that resulted in Haag pleading guilty to the crimes of criminal trespass and assault on a peace officer.
The case was prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by the Federal Bureau of Investigation, the Iowa Division of Criminal Investigation, and the Allamakee County Sheriff’s Office.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-1001.
Lisbon Man Sentenced to over Five Years in Prison for Unlawfully Possessing over Thirty Firearms and Three Pipe BombsRead the Press Release
A man who unlawfully possessed over thirty firearms and three pipe bombs while using methamphetamine was sentenced on April 16, 2013, to more than five years in federal prison.
Mark Snyder, 53, from Lisbon, Iowa, received the prison term after a January 4, 2013, guilty plea to one count of possessing firearms while unlawfully using methamphetamine.
At the guilty plea, Snyder admitted that, on about May 2, 2011, he possessed thirty-three firearms, over 150 rounds of ammunition, and three pipe bombs. Snyder also admitted that he was an unlawful user of methamphetamine at the time he possessed these items.
Snyder was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Snyder was sentenced to 71 months’ imprisonment and fined $10,000. 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.Snyder 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 Cedar County Sheriff’s Office, the Iowa Division of Narcotics Enforcement, 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 CR 12-97.
Husband and Wife Bank Robbers Sentenced to Federal PrisonRead the Press Release
A husband and wife have been sentenced to federal prison April 17, 2013, for their roles in a bank robbing conspiracy that included four banks.
Jeffrey Alan Schoon, age 48, of Pocahontas, Iowa, received his prison term after a December 20, 2012, guilty plea; and Roxena Lee Schoon, age 40, formerly of Wall Lake, Iowa, received her prison term after a December 13, 2012, guilty plea. Jeffrey Schoon pled guilty to one count of conspiracy to commit bank robberies, one count of Possession of a Firearm in Furtherance of a Crime of “Violence, and four counts of Bank Robbery. Roxena Lee Schoon pled guilty to one count of conspiracy to commit bank robberies.
Information presented by the United States at their change of plea, and sentencing hearings revealed that during the conspiracy, Roxena Lee Schoon along with her husband Jeffrey Alan Schoon surveilled and robbed four banks that were each within 20 miles of their Wall Lake, Iowa home.
On or about December 29, 2011, they robbed the Iowa State Bank in Odebolt, Iowa. On or about January 11, 2012, they robbed the Citizens 1st National Bank in Early, Iowa. On or about January 28, 2012, they robbed the Westside State Bank in Vail, Iowa. On or about March 23, 2012, they robbed the Heritage Bank in Lytton, Iowa. Jeffrey Schoon actually entered each bank, while Roxena waited outside as the getaway driver.
In furtherance of their conspiracy to commit bank robbery the couple possessed a .38 revolver and ammunition for the firearm. During the conspiracy defendant Roxena Lee Schoon and Jeffery Alan Schoon also appeared to possess a Molotov Cocktail during the Vail robbery, and a second handgun during the Odebolt robbery. These weapons, if they existed, were never recovered.On or about March 29, 2012 law enforcement executed a search warrant at the couples home and discovered a blue bag, gloves, a hoodie, masks, sunglasses, and blue jeans consistent with those used in the robberies, a $20.00 bill from one of the victim banks, a .22 caliber rifle, a .38 revolver and ammunition for the firearms.
Jeffrey Schoon and Roxena Schoon were sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Jeffrey Schoon was sentenced to 180 months’ imprisonment and Roxena Schoon was sentenced to 60 months’ imprisonment. Jeffrey was ordered to pay a $600 special assessment, and Roxena was ordered to pay a $100 special assessment. Jeffrey and Roxena were ordered to make $32,825 in restitution. Jeffrey must also serve a five-year term of supervised release after prison. Roxena must also serve a three-year term of supervised after prison. 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.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-4070.
The case was investigated by special agents and analysts of the United States Department of Justice’s Federal Bureau of Investigation and Bureau of Alcohol, Tobacco, Firearms, and Explosives; special agents, analysts, and Troopers of the Iowa Department of Public Safety; the Sheriffs and deputies of the Carroll, Crawford, Pocahontas, and Sac County Sheriffs’ Offices, officers of the Denison and Storm Lake Police Departments, members of the Iowa Law Enforcement Intelligence Network, and the Sac and Crawford County Attorney’s Office. The case was prosecuted by Assistant United States Attorney Forde Fairchild.
Media AdvisoryRead the Press Release
There will be a press conference regarding the sentencing in United States v. Jeffrey Alan Schoon and Roxena Lee Schoon, 12-CR-4070-MWB, at 12:00 p.m., at the United States Attorney’s Office located at the Ho-Chunk Center, 600 4th Street, 6th Floor, Sioux City, Iowa. Assistant United States Attorney Timothy Duax, Forde O. Fairchild, and Sheriffs and County Attorneys for Crawford and Sac Counties, will comment on the case.
Press releases and interview opportunities will be available.
United States Attorney’s Office staff will be available beginning at approximately 11:30 a.m. on April 17, 2013, to escort members of the press with any camera equipment to the conference room after clearing security.
Eight Mason City People Plead Guilty to Involvement in Meth ConspiracyRead the Press Release
Eight Mason City, Iowa, people who conspired to distribute methamphetamine pled guilty, in federal court in Cedar Rapids, Iowa.
Amy Marie Campbell, age 34, Freddy Lee Jones, age 23, Shelly Marie Rohrer, age 36, Stephen Lynn Collins, age 26, Slade Allen Smith, age 39, Amanda Marie Eldridge, age 33, Chad Michael Seger, age 35, and Corey Alan Gardner, age 33, all of Mason City, Iowa, have pled guilty to one count of conspiring to distribute methamphetamine. Campbell pled guilty March 28, 2013. Jones pled guilty April 3, 2013. Rohrer, Collins, Smith, Eldridge, and Seger, pled guilty April 4, 2013, and Gardner pled guilty April 5, 2013. Campbell, Seger and Gardner also pled guilty to one count of distributing methamphetamine; Jones and Eldridge also pled guilty to one count of possessing methamphetamine with intent to distribute; and Collins also pled to one count of possessing a firearm in furtherance of a drug trafficking crime.
During the conspiracy from November 20, 2011, through January 2013, Campbell, Jones, Rohrer, Collins, Smith, Eldridge, Seger, and Gardner were supplied methamphetamine by several sources, and were involved in the distribution of the methamphetamine. During October 2012 Campbell, Seger and Gardner each distributed methamphetamine to a confidential source. During a search in September 2012, Jones was found to be in possession of methamphetamine, which he intended to resell. During a search in November 2012, Eldridge was in possession of methamphetamine which she had obtained in Minnesota, which she intended to resell. During a traffic stop in November 2012 Collins was armed with a pistol which he used to protect himself in furtherance of his drug activity.
Gardner was previously convicted of a felony drug offense in Cerro Gordo County, Iowa, in April 2006.
Sentencing before United States District Court Chief Judge Linda Reade will be set after a presentence report is prepared. Eldridge, Seger, and Jones were taken into custody, and Rohrer, Gardner, Collins, Smith, and Campbell remain in the custody of the United States Marshal.
Campbell, Collins, Smith, and Eldridge, face a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, a $100 special assessment, and 10 years of supervised release following any imprisonment on the conspiracy charge, Gardner faces a mandatory minimum sentence of 20 years’ imprisonment and a possible maximum sentence of life imprisonment, a $20,000,000 fine, a $100 special assessment, and 20 years of supervised release following any imprisonment on the conspiracy charge, and Jones, Rohrer, and Seger face a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 40 years imprisonment, a $5,000,000 fine, a $100 special assessment, and 4 years supervised release following any imprisonment on the conspiracy charge. On the distribution charge Campbell and Seger face a possible maximum sentence of 20 years imprisonment, a $1,000,000 fine, a $100 special assessment, and 3 years supervised release following any imprisonment, and Gardner faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $8,000,000 fine, a $100 special assessment and 8 years of supervised release following any imprisonment. On the possess with intent to distribute charge Eldridge faces a mandatory minimum sentence of 5 years imprisonment and a possible maximum sentence of 40 years imprisonment, a $5,000,000 fine, a $100 special assessment, and 4 years supervised release following any imprisonment, and Jones faces a possible maximum sentence of 20 years imprisonment, a $1,000,000 fine, a $100 special assessment, and 3 years supervised release following any imprisonment. On the gun charge, Collins faces a mandatory minimum sentence of 5 years imprisonment and a possible maximum sentence of life imprisonment, to be served in addition to the punishment provided for the drug count, a $250,000 fine, a $100 special assessment and 5 years supervised release
The case is being prosecuted by Assistant United States Attorney Jack Lammers and was investigated by the North Central Iowa Narcotics Task Force, Cerro Gordo County Sheriff’s Office, Mason City Police Department, Clear Lake Police Department, Iowa Division of Narcotics Enforcement, and Iowa Division of Criminal Investigation.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-3004.
Illegal Alien Convicted of Possession and Use of False Identity Documents and False Claim of United States CitizenshipRead the Press Release
An illegal alien from El Salvador who used false identity documents to gain employment and falsely claimed to be an United States citizen was convicted by a jury today, after a two-day trial in federal court in Cedar Rapids.
Julian Reyes Ferrer-Hernandez, age 27, from Waterloo, Iowa, was convicted of one count of unauthorized use of a Social Security number not assigned to him, one count of unlawful use and possession of a fake social security card and fake permanent resident card to gain employment in the United States, one count of making a false claim of being a lawful permanent resident alien on an Immigration I-9 form, one count of falsely claiming to be an United States citizen, and one count of making a false statement regarding his employment during an interview with immigration officers. The verdict was returned this afternoon following about 90 minutes of jury deliberations.
The evidence at trial showed that on March 14, 2012, Ferrer-Hernandez was arrested in Waterloo, Iowa, for public intoxication. At the time of his arrest, Ferrer-Hernandez provided a Waterloo police officer with six different identity cards, including a fake social security card and a fake lawful permanent resident alien card. The permanent resident number was assigned to a Nigerian. Officers also seized two El Salvadoran identity cards and two fake California ID cards. Ferrer-Hernandez was born in, and is a citizen of, El Salvador.
Testimony showed that Ferrer-Hernandez used the fake social security card and the fake lawful permanent resident alien card to obtain employment in Waterloo, Iowa, where he filled out an Immigration I-9 Form on May 19, 2008, 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. Ferrer-Hernandez worked in Waterloo, Iowa, continuously from May 2008 through February 2012.
On April 16, 2012, Ferrer-Hernandez was questioned by an officer with Homeland Security. During that interview Ferrer-Hernandez first claimed he was born in El Salvador, then falsely claimed he was a United States citizen born in an unknown city in Texas. Ferrer-Hernandez also falsely stated that he had not been employed in the United States since 2005.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Ferrer-Hernandez remains in custody of the United States Marshal pending sentencing. Ferrer-Hernandez faces a possible maximum sentence of 33 years’ imprisonment, a $1,250,000 fine, $500 in special assessments, and 13 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Daniel C. Tvedt and was investigated by officers from the Waterloo Police Department, the Black Hawk County Sheriff’s Office, and the Department of Homeland Security, Immigration and Customs Enforcement.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-2012.
Clear Lake Man Pleads Guilty to Possessing Child PornographyRead the Press Release
A man who possessed child pornography pled guilty on April 1, 2013, in federal court in Cedar Rapids.
Brandon Phinney, age 27, from Clear Lake, Iowa, was convicted of one count of possession of child pornography.
At the plea hearing, Phinney admitted that, between September 2010 and April 2011, he possessed child pornography on a computer. In a plea agreement, Phinney admitted that he possessed over 1,000 images of child pornography and that he used the Internet to trade child pornography with others.Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Phinney was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing. Phinney faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, a $100 special assessment, and supervised release for 5 years to life following his imprisonment.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Clear Lake Police Department, the Mason City Police Department, and the Iowa Division of Criminal Investigation.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 13-3005.
Sioux City Man Pleads Guilty to Robbery Conspiracy and Gun ChargesRead the Press Release
A man who conspired to rob a South Sioux City, Nebraska, business, and a Sioux City, Iowa business pled guilty March 28, 2013, in federal court in Sioux City.
Christopher Bailey, age 20, from Sioux City, Iowa, was convicted of two counts of conspiracy to commit robbery, one count of robbery; one count of possessing a short-barreled rifle, one count of possessing a shoft-barreled shotgun; and two counts of possessing a firearm in furtherance of a crime of violence.
Information presented by the United States at the plea hearing revealed that on or about June 19, 2012, Christopher Bailey and five others conspired to, and actually did rob, Seoul Foods in South Sioux City, Nebraska. The men planned the robbery, assembled for the robbery, and armed themselves for the robbery in Sioux City, Iowa. The men also escaped to Sioux City, Iowa, after the robbery, where they divided the proceeds. The men used various weapons to rob Seoul Foods including a stolen rifle that one of the men shortened.
Seoul Foods was just about to close when it was robbed, and the
owners and employees had their children inside their store with them. One of the children was just 4 years old.On or about July 13, 2012, Christopher Bailey and three others – including two of the men with whom he robbed the Seoul Foods – conspired to and did actually rob Sarg's Mini Mart in Sioux City, Iowa. The foursome used a single firearm – a short barreled shotgun with an obliterated serial number – to commit the robbery. Before robbing Sarg’s the foursome had driven around the metro area searching for a victim-business. They considered banks and at least one other convenience store.
Co-defendants who have entered pleas are: David Johnson on January 4, 2013; Dustin Mathison on January 16, 2013; Rudy Johnson on February 20, 2013; Joshua Fields on February 26, 2013; and Terrence Miles and Austin Peters on March 26, 2013. Defendant, Paige Mathison’s next appearance is for trial on May 6, 2013, in the United States District Court, in Sioux City. As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
Sentencing before United States District Court Judge Mark W. Bennett will be set after a presentence report is prepared. Bailey remains in custody of the United States Marshal pending sentencing. On the conspiracy to commit robbery charges and the robbery charge, Bailey faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, a $100 special assessment, and three years of supervised release following any imprisonment. On the possession of a short-barreled rifle and short-barreled shotgun charges Bailey faces 10 years’ imprisonment, a $250,000 fine, a $100 special assessment, and three years of supervised release
following any imprisonment. On the first charge of possession of a firearm in furtherance of a crime of violence, Bailey faces a mandatory minimum sentence of 10 years up to life imprisonment without the possibility of parole, a $250,000 fine, a $100 special assessment, and three years of supervised release following any imprisonment which must be served consecutive to any other sentence. On the second charge of possession of a firearm in furtherance of a crime of violence, Bailey faces a mandatory minimum sentence of 25 years up to life imprisonment without the possibility of parole, a $250,000 fine, a $100 special assessment and three years of supervised release following any imprisonment which must be served consecutive to any other sentence.Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-4083.
This case was investigated by Special Agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; Officers of the Sioux City, Iowa, Police Department; and the South Sioux City, Nebraska Police Department. The case was prosecuted by Assistant United States Attorney Forde Fairchild.
Vail, Iowa, Man Pleads Guilty to Methamphetamine ChargesRead the Press Release
A man who possessed with intent to distribute methamphetamine pled guilty March 26, 2013, in federal court in Sioux City.
Jeffrey Duane Krowiorz, II, 24, from Vail, Iowa, was convicted of possessing with intent to distribute methamphetamine. In 2007, Krowiorz was convicted twice of possession of precursors to manufacture methamphetamine.
At the plea hearing, Krowiorz admitted that on September 28, 2012, he possessed over 18 grams of actual (pure) methamphetamine and intended to distribute the methamphetamine to other persons. Krowiorz attempted to flee (on foot) when officers made contact with him regarding an outstanding arrest warrant. Krowiorz was apprehended a short distance away and officers seized from Krowiorz three separate baggies of methamphetamine concealed within a body spray container converted into a storage container.
Sentencing before United States District Court Judge Donald E. O’Brien will be set after a presentence report is prepared. Krowiorz was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing. Krowiorz faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $8,000,000 fine, a special assessment of $100, and at least eight years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Iowa Department of Narcotics Enforcement, Spirit Lake Police Department, and the Iowa Division of Criminal Investigations.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-4098.
Sioux City Couple to Federal Prison for Meth ConspiracyRead the Press Release
A Sioux City couple who conspired to distribute methamphetamine were sentenced on March 27 and 28, 2013.
Mavis Juarez, 56, and William Sun, 50, both from Sioux City, Iowa, received the prison terms after November 26, 2012, guilty pleas to one count of conspiracy to distribute methamphetamine and one count of distributing methamphetamine.
At the guilty pleas, Juarez and Sun each admitted their involvement in a conspiracy from 2011 through April 2012 that distributed more than 50 grams of actual (pure) methamphetamine in Sioux City, Iowa, area. Each also admitted to distributing more than 15 grams of actual (pure) methamphetamine over the course of four separate transactions. These distributions occurred within 1000 feet of Dale Street Park in Sioux City.
Juarez and Sun were sentenced in Sioux City by United States District Court Judge Donald E. O’Brien. Juarez was sentenced to 90 months’ imprisonment and Sun was sentenced to 120 months’ imprisonment. A special assessment of $200 was imposed for each of them. They each must also serve a six-year term of supervised release after the prison term. There is no parole in the federal system.
Juarez and Sun are is 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 Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-4061.
Indiana Man Sentenced for Defrauding IowansRead the Press Release
An Indiana man who defrauded Iowa investors and an Iowa business was sentenced on March 27, 2013, to more than eight years in federal prison.
Lowell Gene “Bob” Hancher, age 59, from Sheridan, Indiana, received the prison term after an October 26, 2012, guilty plea to one count of wire fraud and one count of securities fraud.
In a plea agreement, Hancher admitted that, between about April 2005 and January 2010, he fraudulently obtained money from investors that was supposed to be invested in connection with a public stock offering. Some of the investors lived in northern Iowa. The purported stock offering was for Scott Contracting, Inc.; a privately-held utilities, asphalt and general contracting firm based in Henderson, Colorado. Hancher misappropriated a portion of the investors’ funds rather than investing the funds as promised.
Also in the plea agreement, Hancher admitted that, between about September 2009 and January 2010, he defrauded Cycle Country Accessories Corporation (Cycle Country); a publically-traded Nevada corporation with headquarters in Spencer, Iowa. Cycle Country designed and manufactured accessories for all-terrain vehicles and golf carts. Hancher was the chairman of Cycle Country’s board of directors. Hancher abused his board position to cause Cycle Country to give Hancher over $500,000 under the guise of a program to take Cycle Country private through a stock buyback. Hancher misappropriated the vast majority of the money provided for the buyback.
Hancher was sentenced in Cedar Rapids by United States District Court Judge Mark W. Bennett. Hancher was sentenced to 97 months’ imprisonment. A special assessment of $200 was imposed, and he was ordered to make $3,139,232.00 in restitution to the victims of his offenses. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
Hancher was released on the bond previously set and is to surrender to federal authorities 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 in cooperation with the Chicago Regional Office of the Securities and Exchange Commission.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-4090 MWB.
Chicago Man Sentenced to Federal Prison for Iowa Crack ConspiracyRead the Press Release
A man who conspired to distribute crack cocaine was sentenced March 26, 2013, to more than 14 years in federal prison.
Christopher Ward-Malone, 23, from Chicago, Illinois, received the prison term after an October 29, 2012, guilty plea to conspiracy to distribute crack cocaine.
At the guilty plea, Ward-Malone admitted to conspiring to distribute more than 280 grams of crack cocaine from about 2010 through June 2012. Ward-Malone would obtain crack cocaine from sources in Sioux City, Iowa, and Omaha, Nebraska, and then distribute the crack cocaine to individuals in Sioux City, Iowa.
Ward-Malone was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Ward-Malone was sentenced to 170 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.
Ward-Malone is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-4068.
Two Iowa Men Plead Guilty to Robbery Conspiracy and Gun ChargesRead the Press Release
Two Iowa men who conspired to rob a South Sioux City, Nebraska, business pled guilty March 26, 2013, in federal court in Sioux City.
Terrence Miles, age 20, from Sioux City, Iowa, and Austin Peters aka Austin Stadler, age 19, from Nemaha, Iowa, were each convicted of one count of conspiracy to commit robbery, one count of possessing a short-barreled rifle, and one count of possessing a firearm in furtherance of a crime of violence.
Information presented by the United States at the plea hearing revealed that on or about June 19, 2012, Miles and Peters and others met to plan the robbery of Seoul Foods, in South Sioux City, Nebraska. Miles, Peters and others acquired firearms and other weapons in furtherance of the robbery in Sioiux City, Iowa. One of these firearms was a weapon made from a rifle with a modified overall length of less than 26 inches. They traveled with the firearms and other weapons from Sioux City, Iowa, to South Sioux City, Nebraska. Miles and Peters entered, surveilled and left Seoul Foods. Miles and others entered an additional time, to rob the store, with Peters serving as lookout and getaway driver during the robbery.
Miles and others removed money and property from Seoul Foods, and then traveled to Sioux City, Iowa, after the robbery, and divided the stolen goods and money in Sioux City.
Sentencing before United States District Court Judge Mark W. Bennett will be set after a presentence report is prepared. Miles and Peters remain in custody of the United States Marshal pending sentencing. On the conspiracy to commit robbery charge, Miles and Peters each face a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, a $100 special assessment, and three years of supervised release following any imprisonment. On the possession of a short-barreled rifle charge, Miles and Peters each face 10 years’ imprisonment, a $250,000 fine, a $100 special assessment, and three years of supervised release following any imprisonment. On the charge of possession of a firearm in furtherance of a crime of violence, Miles and Peters each face a mandatory minimum sentence of 10 years up to life imprisonment without the possibility of parole, a $250,000 fine, a $100 special assessment, and three years of supervised release following any imprisonment which must be served consecutive to any other sentence.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-4083.
This case was investigated by officers of the Sioux City, Iowa, Police Department and the South Sioux City, Nebraska Police Department. The case was prosecuted by Assistant United States Attorney Forde Fairchild.
Sioux City Man Pleads Guilty to Armed Bank RobberyRead the Press Release
A man who robbed a bank in Sioux City, Iowa pled guilty March 27, 2013, in federal court in Sioux City.
Johnnie Hawkins, age 27, from Sioux City, Iowa, was convicted of one count of bank robbery.
Information presented by the United States at the plea hearing revealed that on November 10, 2012, Hawkins, who had previously been convicted of Burglary in 2004, robbed the Heritage Bank at 4530 Singing Hills Blvd in Sioux City, Iowa, of $5,954.00. While committing the robbery, Hawkins brandished a loaded .40 caliber semi-automatic handgun, and threatened and physically restrained a bank teller. It was also determined the handgun was stolen.
In addition, throughout the fall of 2012, Johnnie Hawkins trafficked and distributed illegal drugs in and around Sioux City, Iowa.
Sentencing before United States District Court Judge Mark W. Bennett will be set after a presentence report is prepared. Hawkins remains in custody of the United States Marshal pending sentencing. Hawkins faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, $100 in special assessments, and three years of supervised release following any imprisonment.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-4116.
This case was investigated by officers of the Sioux City, Iowa, Police Department and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Forde Fairchild.
College Student Sentenced to Seven Years in Federal Prison for Crack Cocaine SalesRead the Press Release
A Waterloo college student who was selling crack cocaine was sentenced on March 26, 2013 to seven years in federal prison.
Ryan Stevenson, 25, from Waterloo, Iowa, received the prison term after a November 7, 2012 guilty plea to the distribution of crack cocaine.
At the guilty plea, Stevenson admitted he distributed crack cocaine in January 2012. The distribution was one of multiple crack cocaine sales made by Stevenson to a confidential informant. Stevenson’s two-year old child was present in his home during one of the sales.
Stevenson was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Stevenson was sentenced to seven years’ imprisonment, which was ordered to run consecutive to a sentence Stevenson received in state court for an OWI conviction. 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.
Stevenson 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.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-CR-2023.
Webster County Man to Federal Prison for Manufacturing MethRead the Press Release
A man who conspired to manufacture and distribute methamphetamine was sentenced March 14, 2013, to more than 16 years in federal prison.
Kevin Eugene Peterson, 45, from Duncombe, Iowa, received the prison term after a December 12, 2012, guilty plea to conspiracy to manufacture and distribute methamphetamine. Peterson has at least six prior felony drug convictions.
At the guilty plea, Peterson admitted that from January 2010 through August 2012 he conspired with others to manufacture and distribute at least 150 grams of actual (pure) methamphetamine. Peterson also admitted that on January 22, 2012, he manufactured methamphetamine; and on April 23, 2012, he distributed methamphetamine to an individual cooperating with law enforcement.
Peterson was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Peterson was sentenced to 198 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 10-year term of supervised release after the prison term. There is no parole in the federal system.
Peterson is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Iowa Division of Narcotics Enforcement, Webster City Police Department, Hamilton County Sheriff's Office, 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 12-3039.
Sibley Man to Federal Prison for Methamphetamine ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced March 14, 2013, to more than six years in federal prison.
Esmelin Belloso-Valle, 49, from Sibley, Iowa, received the prison term after a September 20, 2012, guilty plea to conspiracy to distribute methamphetamine and distribution of methamphetamine.
At the guilty plea, Belloso-Valle admitted his involvement in a conspiracy from 2011 through April 2012 that distributed more than 150 grams of actual (pure) methamphetamine. On one occasion in February 2012, once in March 2012, and once in May 2012, Belloso-Valle along with others involved in the conspiracy distributed more than 200 grams of actual (pure) methamphetamine during controlled drug transactions with law enforcement. One of these distributions occurred within 1000 feet of Dale Street Park in Sioux City, Iowa. During the execution of a search warrant, law enforcement officers located over 208 grams of actual (pure) methamphetamine that was for future distribution as part of the conspiracy.
Belloso-Valle was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Belloso-Valle was sentenced to 81 months’ imprisonment. A special assessment of $200 was imposed. He must also serve an 8-year term of supervised release after the prison term. There is no parole in the federal system.
Belloso-Valle is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-4060.