Northern District of Iowa
Press releases recorded for this federal judicial district.
Shellsburg Tax Return Preparer Charged with Preparing ANd Filing Fraudulent Tax ReturnsRead the Press Release
Keith Rath, 52, from Shellsburg, Iowa, has been charged with eight counts of preparing and presenting fraudulent tax returns. The charges are contained in an Indictment unsealed on March 22, 2013, in United States District Court in Cedar Rapids.
The Indictment alleges that, between about January 2008 and March 2010, Rath prepared and filed eight fraudulent tax returns.
If convicted on all charges, Rath faces a possible maximum sentence of 24 years’ imprisonment, an $800,000 fine, $800 in special assessments, and eight years of supervised release following any imprisonment.
Rath appeared on March 22, 2013, in federal court in Cedar Rapids and was released on conditions of supervision. Rath’s next appearance for trial is set for May 20, 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 Anthony Morfitt 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 13-0012-LRR.
Dubuque Man Charged with Distributing Heroin That Resulted in Death and Distributing Heroin Near A School and A PlaygroundRead the Press Release
Alvin Stanley Briggs, Jr., age 50, from Dubuque, Iowa, has been charged with one count of distribution of heroin resulting in death and four counts of distribution of heroin near a school and a playground. The charges are contained in an Indictment unsealed today in the United States District Court in Cedar Rapids.
The Indictment alleges that, on or about July 3, 2012, Briggs distributed heroin to an individual identified as S.R., and that S.R.’s death resulted from use of the heroin. The Indictment also charges that on four different days in January and February 2013, Briggs distributed heroin within 1,000 feet of Prescott Elementary School and Jackson Park in Dubuque.
If convicted on all charges, Briggs faces a possible mandatory minimum sentence of 24 years’ imprisonment and a possible maximum sentence of life imprisonment, a $9,000,000 fine, $500 in special assessments, and up to a lifetime term of supervised release following imprisonment.
Briggs appeared today in federal court in Cedar Rapids and was held without bond. Briggs’s next appearance, for a detention hearing, is set for Wednesday, March 27, 2013, at 4:30 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 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 for Making False Statement to Postal InspectorRead the Press Release
A man who made a false statement to a U.S. Postal Inspector conducting a fraud investigation was sentenced today to more than one year in federal prison.
Raymond Cortez, age 65, from Cedar Rapids, Iowa, received the prison term after a December 11, 2012, jury verdict finding him guilty of one count of making a material false statement in a matter within the jurisdiction of the United States.
Evidence at trial showed that, on November 20, 2007, Cortez lied to a U.S. Postal Inspector during an interview. The Postal Inspector asked Cortez whether his vehicle, a black Hummer, was involved in a chase of a young man the month prior on First Avenue in Cedar Rapids. Cortez falsely denied knowing anything about the chase. The evidence at trial showed Cortez was the driver of the Hummer during the chase. The chase was being investigated because the occupants of the Hummer were attempting to retrieve a $3,323.00 federal student aid check from the young man. Some of the occupants of the Hummer had fraudulently obtained the check as part of a scheme to defraud the United States out of student loan funds.
Cortez was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Cortez was sentenced to twenty-one months’ imprisonment to be followed by three years’ supervised release. A special assessment of $100 was also imposed. There is no parole in the federal system.
At the sentencing hearing, Chief Judge Reade said Cortez had “no respect for the law.” Judge Reade enhanced Cortez’s sentence for perjuring himself during his testimony at trial. Regarding Cortez’s trial testimony, Judge Reade added Cortez had “no respect for the oath.”
Cortez was released on the bond previously set and is to surrender to the United States Marshal on April 15, 2013.
The case was prosecuted by Assistant United States Attorney Peter Deegan and was investigated by the United States Postal Inspection Service and the United States Department of Education.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-74 LRR.
Algona Man Charged with Methamphetamine ConspiracyRead the Press Release
Ryan Gene Hansen, 31, from Algona, Iowa, has been charged with conspiracy to distribute methamphetamine. The charges are contained in a complaint filed on March 18, 2013, in United States District Court in Sioux City.
The Complaint alleges that, from about 2012 through March 2013, Hansen conspired to distribute methamphetamine in the Algona, Iowa, area.
If convicted, Hansen 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 a term of supervised release from five years to life following any imprisonment.
Hansen appeared March 18, 2013, in federal court in Sioux City and was held without bond.
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 Shawn S. Wehde and was investigated by the Kossuth County Sheriff’s Office.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-76.
Jury Convicts Cedar Rapids Man on Child Pornographt ChargesRead the Press Release
A man who received and possessed child pornography was convicted by a jury today after a four-day trial in federal court in Cedar Rapids.
James Sumner, age 49, from Cedar Rapids, was convicted of one count of receipt of child pornography and three counts of possession of child pornography. The verdict was returned this morning following about six hours and thirty minutes of jury deliberations.
The evidence at trial showed that, between 2007 and 2008, Sumner used the Internet to download child pornography. The evidence also showed that, between 2007 and 2011, Sumner possessed child pornography on CDs at his residence in Cedar Rapids.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Sumner was taken into custody by the United States Marshal after the verdict was returned and will remain in custody pending sentencing. Sumner faces a mandatory minimum sentence of five years’ imprisonment and a possible maximum sentence of fifty years’ imprisonment, $1,000,000 in fines, $400 in special assessments, and at least five years and up to life on supervised release following any imprisonment. He also will be required to register as a sex offender.This case is being 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.
Former Osage Man Sentenced to 14 Years on Child Pornography ChargesRead the Press Release
A man who received child pornography was sentenced March 14, 2013, to 14 years in federal prison.
Kevin Perrin, age 49, formerly of Osage, Iowa, received the sentence after a December 21, 2012, guilty plea to one count of receiving child pornography. In a plea agreement, Perrin admitted he knowingly used the Internet to receive and distribute child pornography.Perrin was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Perrin was sentenced to 168 months’ imprisonment. A special assessment of $100 was imposed, and Perrin must also serve a five-year term of supervised release. He must comply with all sex offender registration and public notification requirements.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Mitchell County Sheriff’s Office and the Clinton County Sheriff’s Office.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-2030.
Dubuque Woman Becomes Third Person Sent to Federal Prison for Methamphetamine Lab That Caused House FireRead the Press Release
A woman who assisted in the manufacture of methamphetamine that caused a fire in a home she was renting was sentenced on March 15, 2013, to just less than six years in federal prison.
Dawn Richey, 36, from Dubuque, Iowa, received the prison term after a December 7, 2012 guilty plea to aiding and abetting the attempted manufacture of methamphetamine near a school. Richey becomes the third person to serve federal prison time related to the incident.
Information from Richey’s guilty plea and sentencing revealed that Richey allowed Julie Uhrig, also of Dubuque, to manufacture methamphetamine in the basement of Richey’s residence on Windsor Avenue in Dubuque on February 15, 2012. Richey admitted that she assisted Uhrig in the manufacturing process. The attempted manufacture caused a fire to erupt in the residence. Richey’s minor child was present in the residence at the time. The residence was located within 1,000 feet of Audubon Elementary School.
Richey was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Richey was sentenced to 70 months’ imprisonment. A special assessment of $100 was imposed and she was ordered to make $142,062.41 in restitution to the owner of the Windsor residence that she had been renting. She must also serve a six-year term of supervised release after the prison term. There is no parole in the federal system.
Richey is being held in the United States Marshal’s custody until she can be transported to a federal prison.
Two other individuals have also been sent to federal prison in connection with the February 15, 2012 incident. Uhrig pled guilty on September 11, 2012 to the attempted manufacture of methamphetamine near a school. She was sentenced on January 3, 2013 to 136 months’ imprisonment. Nickolas Clark, Richey’s fiancé at the time of the incident, pled guilty on September 24, 2012 to misprision of a felony as a result of false statements he intentionally made to investigators concerning the attempted manufacture. Clark was sentenced on January 16, 2013 to 33 months’ imprisonment.
The case was prosecuted by Assistant United States Attorney Justin Lightfoot and investigated by the Dubuque Drug Task Force, the Dubuque Police Department, and the Dubuque Fire Department.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number for Richey is CR 12-1021. Uhrig’s case file number is CR 12-1014, and Clark’s case file number is CR 12-1019.
Colorado Man Sentenced to Federal Prison for Iowa Drug ConspiracyRead the Press Release
A Colorado man who conspired to distribute methamphetamine in Iowa was sentenced March 15, 2013, to more than seven years in federal prison.
Javier Torres, 30, from Denver, Colorado, received the prison term after an October 24, 2012, jury verdict finding him guilty of conspiracy to distribute methamphetamine. Torres was previously convicted of possession with intent to distribute a controlled substance - cocaine, a felony, in the Colorado District Court for Adams County, on November 4, 2011.
Evidence at trial showed that Torres was involved in a conspiracy to distribute at least 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine from 2009 through about August 2010. Torres transported methamphetamine from sources in Colorado to individuals in Iowa who would then distribute the methamphetamine to a number of different people in Iowa.Torres was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Torres was sentenced to 85 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a four-year term of supervised release after the prison term. There is no parole in the federal system.
Torres 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, North Central Iowa Drug Task Force, Iowa Division of Criminal Investigation, Fort Dodge Police Department, Mason City Police Department, Webster County Sheriff’s Office, Cerro Gordo County Sheriff’s Office, Franklin County Sheriff’s Office, Wright County Sheriff’s Office, and 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; United States Immigration and Customs Enforcement; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and 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 11-3014.
Arlington Man Pleads Guilty to Conspiracy to Fabricate False Grain Elevator Scale Tickets, Bankruptcy Fraud, and Interference with Internal Revenue LawsRead the Press Release
A North-Iowa man pled guilty yesterday in federal court in Cedar Rapids to two fraudulent schemes, one involving the fabrication of fictitious grain elevator tickets, and another involving lying to the bankruptcy court about proceeds from the sale of a combine. He also admitted impeding the Internal Revenue laws.
Michael Recker, age 47, from Arlington, Iowa, was convicted of one count of conspiring to fabricate false grain elevator scale tickets, one count of bankruptcy fraud, and one count of interfering with Internal Revenue laws.
At the plea hearing and in a written plea agreement, Recker admitted that in 2008 and 2009, he bribed an employee of a Northern Iowa grain elevator to create false and fictitious grain elevator scale tickets. During the conspiracy, the employee fabricated eight false grain elevator tickets, accepting thousands of dollars in bribes from Recker in exchange. The grain elevator paid Recker more than $20,000 based on the false grain elevator tickets. Recker also admitted that he had sold a combine at auction for approximately $50,000.00 prior to filing for bankruptcy protection in the United States Bankruptcy Court for the Northern District of Iowa. In bankruptcy documents, Recker did not disclose the proceeds still owed to him by the auction company and when questioned about the proceeds, Recker lied to the court, claiming he never owned the combine or had an interest in its proceeds. Finally, Recker admitted that he tried to obstruct or impede the administration of the Internal Revenue laws by trying to hide and conceal his taxable income by, among other ways, having the checks from the grain elevator fraud made payable to his then-girlfriend and passing them, and the bribes, through a bank account established in her name.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Recker remains free on bond pending sentencing. Recker faces a possible maximum sentence of thirteen years’ imprisonment, a $750,000 fine, $300 in special assessments, and seven years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney C.J. Williams and was investigated by the United States Department of Agriculture Office of Inspector General and the Internal Revenue Service Criminal Investigation Division.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-cr-2027-LRR.
Webster City Woman to Federal Prison for Methamphetamine Manufacturing ConspiracyRead the Press Release
A woman who conspired to manufacture and distribute methamphetamine was sentenced March 6, 2013, to fourteen years in federal prison.
Alicia Mofle, 25, from Webster City, Iowa, received the prison term after a November 8, 2012, guilty plea to one count of conspiracy to manufacture and distribute actual (pure) methamphetamine; one count of manufacturing or attempting to manufacture actual (pure) methamphetamine within 1000 feet of a protected location, namely Nakomis City Park, Webster City, Iowa.
At the guilty plea, Mofle admitted that from January 2012 through May 2012, he and others manufactured at least 50 grams of actual (pure) methamphetamine. According to pseudoephedrine purchase logs and prescription records obtained in the investigation, starting in January 2012 through May 2012, Mofle acquired more than 158 grams of pseudoephedrine for the manufacture of methamphetamine which included 100 grams of pseudoephedrine purchased through prescription. On April 24, 2012, law enforcement officers executed a search warrant at Kern’s residence. Officers seized multiple reaction vessels from the basement of the residence and outside trash indicative of a methamphetamine manufacturing lab. Officers also seized 11 prepackaged baggies of methamphetamine totaling 3.5 grams, ½ gram of methamphetamine was “drying” and 1 bag (½ gram) was found on the ground outside the residence, for a total of 4.5 grams of methamphetamine.
The evidence established that Mofle’s 4-5 year old child had been present when Mofle and others used methamphetamine as well as when methamphetamine manufacturing took place at the residence, thereby exposing the child to a substantial risk of harm to the, including the harm from toxic chemical fumes that proliferated throughout the house during this process.
Mofle was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Mofle was sentenced to 168 months’ imprisonment. A special assessment of $200 was imposed. She must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system. Mofle 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 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 12-3028.
Webster City Man to Federal Prison for Methamphetamine Manufacturing ConspiracyRead the Press Release
A man who conspired to manufacture and distribute methamphetamine was sentenced March 8, 2013, to more than seventeen years in federal prison.
Ryan Kern, 44, from Webster City, Iowa, received the prison term after a November 8, 2012, guilty plea to one count of conspiracy to manufacture and distribute actual (pure) methamphetamine; one count of manufacturing or attempting to manufacture actual (pure) methamphetamine within 1000 feet of a protected location, namely Nakomis City Park, Webster City, Iowa; and one count of possession of pseudoephedrine with the intent to manufacture methamphetamine.
At the guilty plea, Kern admitted that from January 2012 through May 2012, he and others manufactured at least 50 grams of actual (pure) methamphetamine. According to pseudoephedrine purchase logs and prescription records obtained in the investigation, starting in January 2012 through May 2012, Kern and others involved acquired more than 300 grams of pseudoephedrine for the manufacture of methamphetamine which included 100 grams of pseudoephedrine purchased through prescription. On April 24, 2012, law enforcement officers executed a search warrant at Kern’s residence. Officers seized multiple reaction vessels from the basement of the residence and outside trash indicative of a methamphetamine manufacturing lab. Officers also seized 11 prepackaged baggies of methamphetamine totaling 3.5 grams, ½ gram of methamphetamine was “drying” and 1 bag (½ gram) was found on the ground outside the residence, for a total of 4.5 grams of methamphetamine.
The evidence established that a 4-5 year old child had been present when Kern and others used methamphetamine as well as when methamphetamine manufacturing took place at the residence, exposing the child to a substantial risk of harm , including from toxic chemical fumes that proliferated throughout the house during this process.
Kern was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Kern was sentenced to 210 months’ imprisonment. A special assessment of $300 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. Kern 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 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 12-3028.
Rodeo Clown Found Guilty of Conspiracy to Grow MarijuanaRead the Press Release
A professional rodeo clown who grew marijuana for over six years was convicted by a jury on March 8, 2013, after a three-day trial in federal court in Cedar Rapids.
Rory Meeks, 55, from Marion, Iowa, was convicted of one count of conspiracy to manufacture marijuana and was acquitted of one count of manufacturing marijuana in April 2011.
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.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Meeks was taken into custody by the United States Marshal after the verdict was returned. Meeks 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 at least 10 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was 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.
Otho Man Sentenced to Five Years on Child Pornography ChargesRead the Press Release
A man who distributed and received child pornography was sentenced March 7, 2013, to five years in federal prison.
Adam Stephenson, age 20, of Otho, Iowa, received the sentence after a September 27, 2012, guilty plea to one count of distributing child pornography and one count of receiving child pornography. At the guilty plea, Stephenson admitted he knowingly used the Internet to distribute and receive child pornography.Stephenson was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Stephenson was sentenced to 60 months’ imprisonment. A special assessment of $200 was imposed, and Stephenson must also serve a five-year term of supervised release. He must comply with all sex offender registration and public notification requirements.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Webster County Sheriff’s Office, the Fort Dodge Police Department, 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 12-3016.
Waterloo Man Pleads Guilty to Distributing and Possessing Child PornographyRead the Press Release
A man who distributed and possessed child pornography pled guilty on March 4, 2013, in federal court in Cedar Rapids.
Charles Adkins, age 46, from Waterloo, Iowa, was convicted of one count of distribution of child pornography and one count of possession of child pornography.
At the plea hearing, Adkins admitted that, between December 2011 and February 2012, he used the Internet to distribute child pornography. He also admitted that, between September 2011 and March 2012, he possessed child pornography on a laptop computer.Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Adkins was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing. Adkins faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 30 years’ imprisonment, $500,000 in fines, a $200 special assessment, and supervised release for 5 years to life following his imprisonment.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation, the Black Hawk County Sheriff’s Office, the Waterloo Police Department, the U.S. Postal Inspection Service, Homeland Security Investigations, and the Pensacola, Florida, 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 12-2034.
Sioux City Man Pleads Guilty to Distributing Child PornographyRead the Press Release
A man who distributed child pornography pled guilty on February 28, 2013, in federal court in Sioux City.
Chad Carver, age 27, from Sioux City, Iowa, was convicted of one count of distribution of child pornography.
At the plea hearing, Carver admitted that, between September 2010 and September 2011, he used the Internet to distribute child pornography.Sentencing before United States District Court Judge Donald E. O’Brien will be set after a presentence report is prepared. Carver remains in custody of the United States Marshal pending sentencing. In a plea agreement, Carver agreed to be sentenced to at least 10 years’ imprisonment. He faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, a $100 special assessment, and supervised release for 5 years to life following his imprisonment.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the 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.
Sioux City Man Pleads Guilty to Distributing and Receiving Child PornographyRead the Press Release
A man who distributed and received child pornography pled guilty on February 25, 2013, in federal court in Sioux City.
Jeffrey Huygens, age 47, from Sioux City, Iowa, was convicted of one count of distribution of child pornography and one count of receipt of child pornography.
At the plea hearing, Huygens admitted that, between September 2011 and December 2011, he used the Internet to distribute child pornography. He also admitted that, between 2002 and March 2012, he used the Internet to receive child pornography. In addition, he admitted that, in 1990, in Island County, Washington, he was convicted of Child Molestation in the First Degree.Sentencing before United States District Court Judge Donald E. O’Brien will be set after a presentence report is prepared. Huygens remains in custody of the United States Marshal pending sentencing. Huygens faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 80 years’ imprisonment, $500,000 in fines, a $200 special assessment, and supervised release for 5 years to life following his imprisonment.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the 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.
Dubuque Man Pleads Guilty to Manufacturing Methamphetamine Which Caused House FireRead the Press Release
A man whose house caught fire from an illegal methamphetamine lab pled guilty on February 28, 2013, in federal court in Cedar Rapids.
Rory Lee Zirkelbach, age 43, from Dubuque, Iowa, was convicted of 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.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Zirkelbach remains in custody of the United States Marshal pending sentencing. Zirkelbach faces a mandatory minimum sentence of one year imprisonment and a possible maximum sentence of 60 years’ imprisonment, a $4,000,000 fine, a $100 special assessment, and at least six years and not more than life on supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Daniel C. Tvedt and was investigated by the 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.
Title of the News Release Goes HereRead the Press Release
A man who used marijuana and possessed a firearm after being convicted of a felony offense pled guilty on February 27, 2013, in federal court in Cedar Rapids.
Andre Kase, Jr., age 20, from Cedar Rapids, Iowa, was convicted of 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.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Kase remains in custody of the United States Marshal pending sentencing. Kase faces a possible maximum sentence of ten years’ imprisonment, a $250,000 fine, a $100 special assessment, and three years of 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 12-0084.
Waterloo Shooter Pleads Guilty to Federal Gun, Drug ChargesRead the Press Release
Febraury 25, 2013A Waterloo man who shot another individual in October 2012 pled guilty today to drug and gun charges in federal court in Cedar Rapids.
Amos Dee Deering, Sr., age 31, from Waterloo, Iowa, was convicted of 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 parkonly 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.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Deering remains in custody of the United States Marshal pending sentencing. Deering faces a mandatory minimum sentence of five years’ imprisonment and a possible maximum sentence of life imprisonment, $1,500,000 in fines, $300 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 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.
Rock Rapids Man Pleads Guilty to Distributing Child Pornography and Destroying EvidenceRead the Press Release
A man who distributed child pornography and destroyed evidence pled guilty on February 14, 2013, in federal court in Sioux City.
Lennon Slade, age 27, from Rock Rapids, Iowa, was convicted of one count of distribution of child pornography and one count of destruction of evidence.
At the plea hearing, Slade admitted that, between July 2011 and September 2011, he distributed child pornography. In a plea agreement, he admitted that, when officers were attempting to execute a search warrant at his house, he was inside the house destroying evidence.Sentencing before United States District Court Judge Mark W. Bennett will be set after a presentence report is prepared. Slade was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing. Slade faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 40 years’ imprisonment, $500,000 in fines, $200 in special assessments, and supervised release for 5 years to life following his imprisonment.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation, the Federal Bureau of Investigation, and the Lyon County Sheriff’s Office.This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-4080.
Clear Lake Man Charged with Federal Child Pornography OffensesRead the Press Release
Brandon Phinney, age 27, of Clear Lake, Iowa, has been indicted on federal child pornography charges. The charges are contained in an Indictment unsealed February 13, 2013, in United States District Court in Cedar Rapids.
The Indictment alleges that, between 2008 and 2011, Phinney received and possessed child pornography.
If convicted on all charges, Phinney faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 70 years’ imprisonment, $1,500,000 in fines, $600 in special assessments, and at least 5 years and up to life on supervised release following any imprisonment.
Phinney appeared on February 13, 2013, in federal court in Cedar Rapids and was released on bond. Phinney’s next appearance for trial is set for April 15, 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 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.
Black Hawk County Sex Offender Sentenced for Failing to Update Registration as Sex OffenderRead the Press Release
A sex offender who failed to update his registration was sentenced February 12, 2013, to 41 months in federal prison.
Howard Sawyer, age 39, from Black Hawk County, received the sentence after a November 15, 2012, guilty plea to one count of failing to update his registration as a sex offender. In a plea agreement, Sawyer admitted that, in 2009, he left the Waterloo Residential Correctional Facility and traveled to Mexico, where he stayed until 2011 without updating his registration as required by the Sex Offender Registration and Notification Act. Sawyer was required to register because of his 1998 Buchanan County conviction for sexual abuse in the third degree.Sawyer was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Sawyer was sentenced to 41 months’ imprisonment. A special assessment of $100 was imposed, and Sawyer must also serve a 5-year term of supervised release. He must comply with all sex offender registration and public notification requirements.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the United States Marshals Service 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 12-2029.
Man Sentenced to Federal Prison for Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced February 14, 2013, to more than 24 years in federal prison.
Angel Solano-Fierro, 33, originally from Mexico, but residing in Sioux City, Iowa, received the prison term after an October 29, 2012, guilty plea to one count of conspiring to distribute methamphetamine and two counts of distributing methamphetamine.
At the guilty plea, Solano-Fierro admitted his involvement in a conspiracy from 2011 through April 2012 that distributed more than 150 grams of actual (pure) methamphetamine. In February and May 2012, Solano-Fierro along with others involved in the conspiracy distributed more than 130 grams of actual (pure) methamphetamine during controlled drug transactions with law enforcement. On May 2, 2012, during the execution of a consent search, law enforcement seized over 208 grams of actual (pure) methamphetamine from a vehicle connected to Solano-Fierro that was intended for future distribution as part of the conspiracy.
Solano-Fierro was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Solano-Fierro was sentenced to 292 months’ imprisonment. A special assessment of $300 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.
Solano-Fierro 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.
Four People Sentenced to Federal Prison for Meth Distribution ConspiracyRead the Press Release
Two men and two women have been sentenced to federal prison for their roles in a methamphetamine distribution conspiracy.
Joseph Hough, age 30, of Dakota City, Iowa, Diane Kletsch, age 50, of Superior, Iowa, Timothy Lamb, age 48, of Fort Dodge, Iowa, and Yolanda Hernandez, age 46, of Donna, Texas, received their prison terms after October 10 and 11, 2012, guilty pleas. Hough, Kletsch, Lamb, and Hernandez each pled guilty to conspiracy to distribute methamphetamine.
According to information disclosed at the sentencings, and change of plea hearings, Lamb and Hough received up to ounce quantities of methamphetamine and resold it to numerous others. Kletsch was receiving methamphetamine from Hernandez and re-distributing it to others. Hernandez sold up to pound quantities of methamphetamine per month to others who resold it to numerous others. The conspiracy lasted from January 2011 to January 2012, in Cerro Gordo County, Iowa.
Hough, Kletsch, Lamb, and Hernandez were sentenced on February 12, 3012, in United States District court in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Hough was sentenced to 108 months’ imprisonment, Kletsch was sentenced to 87 months’ imprisonment, Lamb was sentenced to 136 months’ imprisonment, and Hernandez was sentenced to 109 months’ imprisonment. Lamb, Hernandez, and Kletsch must each serve five-year terms of supervised release after prison. Hough must serve a four-year term of supervised release after prison. There is no parole in the federal system. Hough, Lamb, Hernandez, and Kletsch, were each ordered to pay a $100 special assessment.
All four are being held in the United States Marshal’s custody until they can be transported to a federal prison.The case was prosecuted by Assistant United States Attorney Jack Lammers and investigated by the Iowsa Division of Narcotics Enforcement, Humboldt County Sheriff’s Office, Chereokee County Sheriff’s Office, Estherville, Iowa, Police Department, Iowa Great Lakes Drug Task Force, North Central Iowa Narcotics Drug Task Force, and the Webster County Drug Task Force.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-3033.
Waterloo Men Sent to Federal Prison for Gun CrimesRead the Press Release
Two men who illegally possessed concealed handguns following a fight at a Waterloo liquor store will each serve time in federal prison.
Dai’Sean Battles, 21, from Waterloo, will serve almost four years’ in prison following his September 21, 2012 guilty plea to possession of a firearm as a felon. Irvin Johnson Jr., 20, also from Waterloo, was sentenced to over one year imprisonment after his September 18, 2012 guilty plea to possession of a firearm as an unlawful drug user.
According to their plea agreements and information presented at their sentencing hearings, Battles and Johnson were observed by police leaving the scene of a fight at a Waterloo liquor store on May 26, 2012. They flagged down a passing motorist for a ride and got inside the motorist’s vehicle. Battles and Johnson were each carrying concealed loaded firearms. When police initiated a traffic stop on the vehicle, Battles threw a Glock 27 .40 caliber pistol with an obliterated serial number out the window where it was recovered by police. Johnson hid a Browning Buckmark .22 caliber pistol underneath the seat in the vehicle. Battles and Johnson were each on probation at the time; Battles for his 2010 conviction for possessing cocaine with intent to deliver and Johnson for a February 2012 conviction for carrying weapons.
Battles and Johnson were each sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Battles was sentenced on January 17, 2013 to 46 months’ imprisonment. Johnson was sentenced on February 5, 2013 to 15 months’ imprisonment, with the sentence running consecutively to a sentence he received as a result of violating his probation. Each must pay a special assessment of $100. They must also serve a three-year term of supervised release after their prison terms. There is no parole in the federal system.
Battles and Johnson are both being held in the United States Marshal’s custody until they can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Justin Lightfoot and was investigated by the Cedar Valley Gang Task Force and a specialized unit of the Waterloo Police Department known as the Violent Crime Apprehension
Team, or VCAT. The Cedar Valley Gang Task Force is comprised of members from
the Waterloo Police Department, Black Hawk County Sheriff’s Office, Cedar Falls Police Department, Waverly Police Department, State of Iowa Probation and Parole, and the United States Marshals Service.Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number for both Battles and Johnson is CR 12-2019.
Dubuque County Sheriff's Office Receives $742,707 in Forfeiture ProceedsRead the Press Release
A total of $742,707 in federal forfeiture proceeds has been awarded to the Dubuque County Sheriff’s Office. The award was announced today at the Dubuque Law Enforcement Center by Acting United States Attorney for the Northern District of Iowa Sean R. Berry, United States Marshal for the Northern District of Iowa Kenneth Runde, and Dubuque County Sheriff Don Vrotsos.
The $742,707 represents proceeds of a forfeiture action pursued by the United States Attorney’s Office in connection with the investigation and prosecution of a scheme in 2006 and 2007 to steal and sell meat from interstate trucking shipments originating from East Dubuque, Illinois. Four Dubuque area residents were convicted and sentenced to federal prison for their roles in stealing and selling the meat.
As part of the scheme, truck drivers first drove the loads of meat from a storage facility in East Dubuque to a rural Dubuque farm owned by one of the truckers. There, participants in the scheme opened the semi-trailers and stole cases of meat. The stolen meat was usually stored temporarily in a separate refrigerated semi-trailer kept at the farm and then sold to area residents and businesses for one dollar per pound. Money derived from the scheme was used to make payments on the farm.
As part of a plea agreement with the United States, the convicted owners of the farm agreed to forfeit their interest in the property. The farm was subsequently sold and most of the proceeds of the sale were awarded to the Dubuque County Sheriff’s Office, pursuant to the federal asset forfeiture program, due to its role in investigating and prosecuting those involved in the scheme.
The case was prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by Dubuque County Sheriff’s Office.
Related court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file numbers are CR 09-1015; CR 10-1002; CR 10-1008; and CR 10-1011.
Cedar Rapids Man Pleads Guilty to Making False Statements About A Consumer ProductRead the Press Release
A man who posted a false statement on Facebook claiming a consumer product was contaminated pled guilty today in federal court in Cedar Rapids.
Luke A. Truesdell, age 40, from Cedar Rapids, Iowa, was convicted of 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.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Truesdell remains in custody of the United States Marshal pending sentencing. Truesdell faces a possible maximum sentence of ten years’ imprisonment, a $500,000 fine, $200 in special assessments, and six years of supervised release following any imprisonment.
The case is being 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.
California Man to Federal Prison for Transporting Nearly 250 Pounds of Marijuana in Welder UnitsRead the Press Release
A California man who was arrested for transporting nearly 250 pounds of marijuana concealed in welder units in the back of his truck was sentenced Thursday to five years in federal prison.
David Wayne Holleman, age 54, from Valley Village, California, received the prison term after a September 25, 2012 guilty plea to possessing with intent to distribute 100 kilograms or more of marijuana.
Holleman was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Holleman was sentenced to 60 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a four-year term of supervised release after the prison term. There is no parole in the federal system.
Holleman is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Dan Chatham and investigated by the Iowa State Patrol, Iowa County Sheriff’s Department, and the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa Division of Narcotics Enforcement; and the Sixth Judicial District Department of Correctional Services.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR12-0040-1-LRR.
Whittemore Man Sentenced to Federal Prison for Meth ConspiracyRead the Press Release
A man who conspired to manufacture and distribute methamphetamine was sentenced February 5, 2013, to ten years in federal prison.
Matthew Ryan McCauley, 33, from Whittemore, Iowa, received the prison term after a September 17, 2012, guilty plea to conspiracy to manufacture and distribute methamphetamine. In October 2008 McCauley was convicted of possession of a controlled substance, 1st offense (cocaine) and in April 2003, McCauley was convicted of possession of a precursor with intent to manufacture methamphetamine, both in Iowa.
At the guilty plea, McCauley admitted his involvement from about December 2010 through about May 2012 with at least 50 grams of actual (pure) methamphetamine and at least 100 grams of pseudoephedrine for the manufacture of methamphetamine. On May 2, 2012, McCauley traded approximately .25 grams of methamphetamine in exchange for 20 pseudoephedrine pills in a controlled transaction with an undercover law enforcement officer. McCauley planned to use the pseudoephedrine to manufacture methamphetamine.
McCauley was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. McCauley 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.
McCauley 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 Kossuth County Sheriff’s Office, Clay County Sheriff’s Office, Iowa Department of Narcotics Enforcement, and the Iowa Great Lakes Drug Task Force.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-3023.
Waterloo Man Receives Additional Prison Time for Failing to Surrender for Service of Federal SentenceRead the Press Release
A man who failed to appear for service of his federal sentence was sentenced today to more than two additional years in federal prison.
Roy Lee Turner, III, age 32, from Waterloo, Iowa, received the prison term after a November 9, 2012, guilty plea to one count of failing to surrender for service of a federal sentence.
At the plea hearing, Turner admitted that, on May 21, 2012, Turner failed to surrender to the United States Marshal for service of a federal sentence. Turner had previously been sentenced on April 30, 2012, to five years’ imprisonment on one count of federal financial aid fraud. Following imposition of the sentence, Turner was ordered to surrender himself to the United States Marshal in Cedar Rapids at 10:00 a.m. on May 21, 2012. Turner admitted that he knew of the order to turn himself in and he intentionally failed to do so.
Turner was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Turner was sentenced to 27 months’ imprisonment. A special assessment of $100 was imposed, and he must serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
The case was prosecuted by Assistant United States Attorney Peter Deegan and was investigated by the United States Department of Education and the United States Marshal’s Service.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-63. The case file number for Turner’s prior financial fraud case is 11-152.
Cedar Rapids Man Pleads Guilty to Federal Child Sexual Exploitation OffensesRead the Press Release
A man who sexually exploited and extorted minors pled guilty today in federal court in Cedar Rapids.
Lucas Robinson, age 23, from Cedar Rapids, was convicted of one count of sexual exploitation of children, one count of possession of child pornography, and one count of extortion.At the plea hearing, Robinson admitted that, between 2009 and 2012, he used, persuaded, induced, enticed, and coerced minor females to engage in sexually explicit conduct for the purpose of producing visual depictions of this conduct. He admitted he threatened to distribute sexually explicit depictions of minors so they would send him more sexually explicit depictions of themselves, so they would talk to him when he wanted, and so at least one minor would engage in sexual activity with him.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Robinson remains in custody of the United States Marshal pending sentencing. Robinson faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 42 years’ imprisonment, $750,000 in fines, a $300 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 Cedar Rapids Police Department and the Benton County Sheriff’s Office.This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-0089.
Mason City Man Faced Federal Meth ChargesRead the Press Release
Michael Geraghty, age 41, from Mason City, Iowa, have each been charged with two counts of distribution of methamphetamine. The charges are contained in an Indictment unsealed on February 1, 2013, in United States District Court in Cedar Rapids, Iowa.
The Indictment alleges that in July 2012 was involved in distributing methamphetamine, having previously been convicted of a felony drug offense in May 2007 in Black Hawk County, Iowa.
If convicted on all charges, Geraghty faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $8,000,000 fine, $200 in special assessments, and 8 years up to life of supervised release following any imprisonment.
Geraghty appeared on February 1, 2013 in federal court in Cedar Rapids, Iowa. Geraghty was held without bond pending a detention hearing on February 6, 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 Jack Lammers and was investigated by the North Central Iowa Narcotics Task Force, Cerro Gordo County Sheriff’s Office, Mason City Police Department, and Iowa Division of Narcotics Enforcement.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-3002.
Five Mason City People Face Federal Meth ChargesRead the Press Release
Corey Gardner, age 32, Amanda Eldridge, age 33, Stephen Collins, age 26, Chad Seger, age 35, and Slade Smith, age 39, all from Mason City, Iowa, have each been charged with conspiracy to distribute methamphetamine. Gardner and Seger have also been charged with distribution of methamphetamine, Eldridge and Collins have also been charged with possessing methamphetamine with intent to distribute, and Collins has been charged with possessing a firearm in furtherance of a drug trafficking crime. The charges are contained in an Indictment unsealed on February 1, 2013, in United States District Court in Cedar Rapids, Iowa.
The Indictment alleges that, on at date sometime before but no later than November 20, 2011, and continuing through the present, the defendants were involved in conspiring to distribute methamphetamine, distributing methamphetamine, and possessing a firearm in furtherance of the drug trafficking crime.
Gardner was previously convicted of a felony drug offense in April 2006 in Cerro Gordo County, Iowa.
If convicted on all charges, Eldridge, Collins, Seger, and Smith, face a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, $100-$400 in special assessments, and 5 years up to life of supervised release following any imprisonment, and Gardner faces a mandatory minimum sentence of 20 years’ imprisonment, and a possible sentence of life imprisonment, a $20,000,000 fine, $500 in special assessments, and 10 years up to life of supervised release following any imprisonment. Collins also faces a 5 year consecutive sentence on the gun count, a fine of up to $250,000, and 5 years of supervised release following any imprisonment.
Gardner, Eldridge, Collins, Seger, and Smith appeared on February 1, 2013 in federal court in Cedar Rapids, Iowa. Eldridge was held without bond and Gardner, Collins, Seger, and Smith were held without bond pending a detention hearing on February 6, 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 Jack Lammers and was investigated by the North Central Iowa Narcotics Task Force, Cerro Gordo County Sheriff’s Office, Mason City Police Department, and Iowsa Division of Narcotics Enforcement.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-3004.
Drug User Pleads Guilty to Unlawful Possession of A FirearmRead the Press Release
A marijuana user who unlawfully possessed a gun with an obliterated serial number pled guilty January 31, 2013, in federal court in Cedar Rapids.
Geromey Gilliand, age 23, from Dubuque, Iowa, was convicted of 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 packpack. The serial number on the gun had been scratched off.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Gilliand remains in custody of the United States Marshal pending sentencing. Gilliand 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.
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 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.
Spencer Man Pleads Guilty to Methamphetamine ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine pled guilty January 30, 2013, in federal court in Sioux City.
Gabriel Ginger, 26, from Spencer, Iowa, was convicted of one count of conspiring to distribute methamphetamine.
At the plea hearing, 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.
Sentencing before United States District Court Judge Donald E. O’Brien will be set after a presentence report is prepared. Ginger remains in custody of the United States Marshal pending sentencing. Ginger faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 40 years’ imprisonment, a $5,000,000 fine, a special assessment of $100, and at least four 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, 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.
Peregrine Financial Group CEO Sentenced to 50 Years for Fraud, Embezzlement, and Lying to Regulators [Court’s Sentence Is the Maximum Allowed by Law]Read the Press Release
Russell R. Wasendorf, Sr., age 64, from Cedar Falls, Iowa, who stole more than $215,000,000 in customer funds from his commodity futures business, was sentenced today to 50 years in federal prison. Wasendorf received the prison term after a September 17, 2012 guilty plea to one count each of:
● mail fraud,
● embezzlement of customer funds by a person registered under the Commodity Exchange Act,
● making false statements to the Commodity Futures Trading Commission, and
● making false statements to a futures association registered under the Commodity Exchange Act.Wasendorf was the owner and former Chief Executive Officer of the now-bankrupt Peregrine Financial Group, Inc. (PFG), a futures commission merchant headquartered in Cedar Falls, Iowa.
In a plea agreement, Wasendorf admitted that, from about the early 1990s through about July of 2012, he stole millions of dollars from PFG’s customers. Wasendorf admitted he stole the funds, at least in part, by withdrawing money secretly from a customer segregated bank account, and then by omitting the withdrawals from and inflating the balances on forged bank statements purportedly issued by the bank. Wasendorf admitted that the forged bank statements overstated the amount of customer funds in the account by more than $200 million. Wasendorf admitted he prevented regulators from discovering his crimes by submitting false periodic reports, and forged bank account verification forms to the National Futures Association and the Commodity Futures Trading Commission.
Also in the plea agreement, Wasendorf admitted establishing a post office box to intercept paperwork sent by regulators and intended for U.S. Bank. Wasendorf included the post office box number on forged bank statements so that auditors and regulators would think the box belonged to the bank.
According to information disclosed at the sentencing hearing, Wasendorf stole more than $215,000,000 from more than 13,000 victims over the course of nearly 20 years. A bankruptcy trustee and a court-appointed receiver have been gathering known assets for distribution to creditors, including PFG’s commodities futures account holders.
Wasendorf was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Wasendorf was sentenced to 50 years’ imprisonment – the maximum sentenced allowed by law for his offenses of conviction. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. The Court imposed a judgment of forfeiture in the amount of $100 million and it ordered Wasendorf to make $215,530,041.39 in restitution to more than 13,000 victims. As part of the plea agreement, Wasendorf agreed that any proceeds from any publicity about his crimes would be assigned to the United States and applied toward his restitution.
“By lying to investors and regulators, Wasendorf defrauded thousands of innocent investors out of a staggering $215,000,000,” said Acting United States Attorney Sean R. Berry. “The lengthy prison sentence imposed today is just punishment for a con man who built a business on smoke and mirrors.”
Thomas R. Metz, Special Agent In-Charge of the Omaha Division of the Federal Bureau of Investigation, said: “Today’s sentence demonstrates this agency’s commitment to holding accountable those who prey on unwary investors and lie to those regulatory agencies responsible for protecting the integrity of U.S. financial markets.”
Wasendorf is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorneys Peter Deegan and Matthew Cole and was investigated by the Federal Bureau of Investigation with the assistance of the Blackhawk County Sheriff’s Office and the United States Postal Inspection Service.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-CR-2021 LRR.
Man Sent to Prison for Unlawful Possession of Gun Used in MurderRead the Press Release
A man who hid a gun that his brother used in a murder was sentenced January 30, 2013, to 8 years in federal prison.
Winsdell Nowelin Lamb, age 25, from Mason City, Iowa, received the prison term after a September 12, 2012, guilty plea to one count of possession of a firearm by a felon.
On August 9, 2011, Lamb’s half-brother Jamaal Leslie shot and killed a man in Mason City. As Leslie fled the scene, he discarded the handgun which Lamb picked up. Lamb was later found hiding in the attic of a residence with the handgun. Lamb had previously been convicted of possession of marijuana with intent to deliver in 2008 and possession of marijuana in 2011, both felonies. At the time of the offense, Lamb was on escape status from the Beje Clark Residential Facility on these drug convictions.
Lamb was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Lamb was sentenced to 96 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.
Lamb will be returned to state prison in Iowa to complete his state drug sentences before being transferred to federal prison to serve his federal gun sentence.
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 Mason City Police Department, the Cerro Gordo Sheriff’s Office, the Iowa Division of Criminal Investigation, 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 12-3032.
Armed Drug Dealer Sentenced to 12 Years in Federal PrisonRead the Press Release
A Hancock County, Iowa man was sentenced January 30, 2013 to 144 months in federal prison.
Jeffrey Dale Brown, age 22, from Kanawha, Iowa, received the prison term after a September 28, 2011, guilty plea to conspiring to distribute methamphetamine and possessing a firearm in furtherance of the drug trafficking crime.
Information provided by the United States at the sentencing and change of plea hearing revealed Brown’s role is a string of burglaries across north-central Iowa. From about December 2010 until about June 7, 2011, Brown and others reached an agreement to distribute methamphetamine. During this same time, Brown possessed a number of stolen firearms including a sawed-off shotgun. Brown also possessed another firearm – a handgun -- that he carried during drug deals to protect himself, his drugs, and his drug proceeds and to intimidate drug customers and rivals.
Brown was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Brown was sentenced to 120 months’ imprisonment for the drug charge and 24 months’ imprisonment for possessing the firearm in furtherance of the drug offense. The terms of imprisonment will run consecutively, for a total sentence of 144 months. A special assessment of $200 was imposed. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system.
Brown is being held in the United States Marshal’s custody until he can be transported to a federal prison.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 11-3041.
The case was prosecuted as part of Project Safe Neighborhoods, a cooperative local, state, and federal program aimed at the enhanced prosecution of gun crimes. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Hancock County Sheriff’s Office. The case was prosecuted by Assistant United States Attorney Forde Fairchild.
Waterloo Crack Dealer Sentenced to Almost 20 Years in Federal PrisonRead the Press Release
A man who twice sold crack cocaine to a police informant was sentenced on January 29, 2013, to just under twenty years in federal prison.
Antonyo Reese, 35, from Waterloo, received the prison term after a October 25, 2012 guilty plea to distributing crack cocaine after a prior felony drug conviction.
In a plea agreement, Reese admitted he sold crack cocaine to an informant on two separate occasions in October and November 2011. Reese acknowledged that, at the time of the crack cocaine sales, he had a prior felony conviction for possession of crack cocaine with intent to deliver. Reese also had a prior conviction for assault on a police officer causing injury.
Reese was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Reese was sentenced to 235 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a six-year term of supervised release after the prison term. There is no parole in the federal system.
Reese 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-2026.
Media AdvisoryRead the Press Release
There will be a press conference held on January 31, 2013, at the federal courthouse located at 111 Seventh Avenue SE, Cedar Rapids, Iowa. The press conference will be held in the United States Attorney’s second floor conference room approximately 30 minutes following the sentencing in United States v. Russell R. Wasendorf, Sr., 12-CR-2021 LRR, scheduled to begin at 9:00 a.m. Acting United States Attorney Sean R. Berry and Thomas R. Metz, Special Agent In-charge of the Omaha Division of the Federal Bureau of Investigation, will comment on the sentencing of Russell R. Wasendorf, Sr.
Press releases and interview opportunities will be available.
United States Attorney’s Office staff will be available beginning at approximately 8:45 a.m. to escort members of the press with any camera equipment directly to the conference room upon entering the courthouse. Camera equipment will not be allowed in any other areas of the building. No mobile telephones will be allowed in the building.
Fort Dodge Woman Pleads Guilty to Methamphetamine ConspiracyRead the Press Release
A woman who conspired to distribute methamphetamine pled guilty January 25, 2013, in federal court in Sioux City.
Christina Fulkerson, 38, from Fort Dodge, Iowa, was convicted of one count of conspiring to distribute methamphetamine and one count of possessing with intent to distribute methamphetamine.
At the plea hearing, 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 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 she planned to distribute to others. Fulkerson resides within 1000 feet of a protected location, Holy Rosary School Park.
Sentencing before United States District Court Judge Mark W. Bennett will be set after a presentence report is prepared. Fulkerson remains in custody of the United States Marshal pending sentencing. On the conspiracy conviction, Fulkerson faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $20,000,000 fine, a special assessment of $100, and at least ten years of supervised release following any imprisonment. On the possession conviction, Fulkerson faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 80 years’ imprisonment, a $10,000,000 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, 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.
Fort Dodge Man to Federal Prison for Meth ConspiracyRead the Press Release
A man who conspired to manufacture methamphetamine was sentenced January 25, 2013, to eleven years in federal prison.
Chad Panzi, 31, from Fort Dodge, Iowa, received the prison term after a September 13, 2012, guilty plea to conspiracy to manufacture methamphetamine. Panzi was previously convicted of possession of a precursor with intent to manufacture methamphetamine in the Iowa District Court for Humboldt County in 2008 and Panzi was also convicted of manufacturing methamphetamine in the Iowa District Court for Webster County in 2004.
At the guilty plea, Panzi admitted that from about 2009 through November 2011 he was involved in a conspiracy which manufactured at least 50 grams of actual (pure) methamphetamine. According to pseudoephedrine logs obtained in the investigation, from January 2011 through November 2011, Panzi acquired at least 45.12 grams of pseudoephedrine for the purposes of manufacturing methamphetamine.
Panzi was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Panzi was sentenced to 132 months’ imprisonment. A special assessment of $100 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.
Panzi is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Iowa Division of Narcotics Enforcement, Iowa Division of Criminal Investigations, and Fort Dodge Police Department.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-3018.
Man Pleads Guilty to Threatening to Kill DeputyRead the Press Release
A man who made threatening phone calls to Allamakee County employees pled guilty on January 25, 2013, in federal court in Cedar Rapids.
Kenneth Haag, age 26, from Lansing, Iowa, was convicted of one count of using a telephone to transmit an interstate communication threatening to injure another person.
In a plea agreement, Haag admitted that on November 9, 2011, he called the Allamakee County Sheriff’s Office and threatened to kill an Allamakee County Sheriff’s Deputy. Other information filed in the case showed that Haag initiated numerous communications via telefax, email, or telephone, between about November 2011, and January 2012, to the Allamakee County Sheriff’s Office; the Allamakee County Clerk of Court Office; and State of Iowa Judges in Allamakee County. In several of the communications, Haag made threats to injure or kill county officials or judges.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Haag remains in the custody of the United States Marshal pending sentencing. Haag faces a possible maximum sentence of up to five years’ imprisonment, a $250,000 fine, a $100.00 special assessment, and up to three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by 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 12-1001.
Former Cedar Rapids Resident Sentenced for Defrauding FEMARead the Press Release
A woman who lied to the Federal Emergency Management Agency (FEMA) to get disaster benefits following the June 2008 Eastern Iowa flood was sentenced on January 16, 2013, to eighteen months in federal prison.
Emily Protsman, age 37, now of Coralville and formerly from Cedar Rapids, Iowa, received the prison term after an October 30, 2012, guilty plea to one count of disaster benefits fraud.
At the October 30, 2012, guilty plea hearing, Protsman admitted that, on July 18, 2008, she submitted a fraudulent application to FEMA seeking benefits related to the June 2008 flood in Eastern Iowa. Protsman admitted she falsely claimed she lived at a specific residence in Cedar Rapids at the time of the flood and that her home and personal property were damaged. Protsman admitted that, at the time of the flood, she did not live at the residence identified in the application and Protsman’s home and personal property were not damaged.
Protsman was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Protsman was sentenced to eighteen months’ imprisonment to be followed by five years of supervised release. A special assessment of $100 was imposed, and she was ordered to make $8846.95 in restitution. There is no parole in the federal system.Protsman was released on previously set conditions and is to surrender to the United States Marshal on February 20, 2013.
The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by 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 12-62.
Information for Victims Regarding the Sentencing of Russell Wasendorf, Sr.Read the Press Release
The sentencing in United States v. Russell R. Wasendorf, Sr. has been set for January 31, 2013, at 9:00 a.m. The hearing will be held at 111 7th Avenue SE, Cedar Rapids, Iowa, in Courtroom 1 (2nd Floor), before Chief United States District Court Judge Linda R. Reade. Russell Wasendorf, Sr. remains in custody pending sentencing.
Under the Crime Victims Rights Act (Title 18, United States Code, Section 3771), victims of federal crimes generally have the right to attend and be reasonably heard at the sentencing of a defendant. Victims wishing to attend Russell Wasendorf, Sr.’s sentencing hearing and/or address the Court during the hearing are requested to contact Shari Konarske, Victim-Witness Coordinator, so that appropriate arrangements can be made. Victims may contact Ms. Konarske at [email protected] or (319) 363-6333. Media interested in seating in the courtroom should contact Robert Phelps, Clerk of Court, at
(319) 286-2311.The United States Attorney’s Office for the Northern District of Iowa has a dedicated telephone line and a page on its website to provide case updates and other information for victims in this case. The telephone number for the U.S. Attorney’s Office Victim Information Line has changed. The new number is (319) 731-4034. Victims can call this number to hear a recorded message providing the latest updates on the case. Victims can also view the Victim Witness Assistance link on the United States Attorney’s website to receive updated case information. The website can be found at www.justice.gov/usao/ian/VWwasendorf.html.
Fort Dodge Man Pleads Guilty TO Methamphetamine ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine pled guilty January 15, 2013, in federal court in Sioux City.
Troy Fulkerson, 42, from Fort Dodge, Iowa, was convicted of one count of conspiring to distribute methamphetamine and one count of possessing with intent to distribute methamphetamine.
At the plea hearing, 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 on four separate occasions 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. Fulkerson resides within 1000 feet of a protected location, Holy Rosary School Park.
Sentencing before United States District Court Judge Mark W. Bennett will be set after a presentence report is prepared. Fulkerson remains in custody of the United States Marshal pending sentencing. On the conspiracy conviction, Fulkerson faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $20,000,000 fine, a special assessment of $100, and at least ten years of supervised release following any imprisonment. On the possession conviction, Fulkerson faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 80 years’ imprisonment, a $10,000,000 fine, a special assessment of $100, and at least eigth 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, 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.
Man Pleads Guilty to Impeding and Intimidating ProsectorRead the Press Release
A Minnesota man who interfered with a federal prosecutor while engaged in his official duties pled guilty on January 10, 2013, in federal court in Davenport.Timothy Demuth, age 51, from Plymouth, Minnesota, pled guilty to one count of opposing, impeding, intimidating, and interfering with a federal employee while engaged in official duties.
At the plea hearing, Demuth admitted that on February 14, 2011, he was present in a federal courtroom in Davenport, Iowa, at the time sentence was imposed upon his son, Scott Demuth, in Southern District of Iowa criminal case number 09-CR-00117. The Court imposed a six-month term of imprisonment upon Demuth’s son. The Court also ordered Demuth’s son to be immediately remanded to the custody of the United States Marshal. Demuth was surprised and upset that his son was not permitted to self-surrender. Demuth walked out of the of the courtroom. Court was then adjourned, and Demuth began to re-enter the courtroom. Demuth admitted that, as he re-entered the courtroom, he bumped shoulders with the prosecutor, and then intentionally stepped to the side, directly in front of the prosecutor, thereby opposing, impeding, intimidating, and interfering with the prosecutor as he attempted to exit the courtroom. An FBI agent then intervened to escort Demuth from the courtroom.
Sentencing before United States District Court Judge John A. Jarvey has been set for May 16, 2013, at 10:30 am in Davenport, Iowa. Demuth remains free on bond previously set pending sentencing. Demuth faces a possible maximum sentence of not more than one year imprisonment without the possibility of parole; a $100,000 fine, $25 in special assessments, and up to one year of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by the United States Marshals Service.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-CR-00105.
Woman Pleads Guilty to Failure to File Federal Tax ReturnRead the Press Release
A woman who failed to file a federal tax return for tax years 2005 through 2008 pled guilty today in federal court in Sioux City.
Elaine Ubben, from Stratford, Iowa, was convicted of one count of willfully failing to file a tax return for tax year 2008.
In a plea agreement, Ubben admitted that she worked for Stratford Mutual Telephone Company and served as the bookkeeper for her husband’s business from 2005 through 2009. Ubben further admitted that she and her husband were required to file a tax return for each tax year between 2005 and 2008 because of the income the couple made from her job and her husband’s business. Ubben admitted she was responsible for filing tax returns for the couple and she knew she was required to file a return for each year, but she willfully and intentionally failed to do so. For the years 2005 to 2008, the Ubbens owed over $120,000 in federal income taxes.
“IRS Criminal Investigation directs its efforts at the portion of American taxpayers who willfully and intentionally violate their known legal duty to voluntarily file income tax returns. The term voluntary compliance means that each of us is responsible for filing a tax return when required and for determining and paying the correct amount of tax,” said Tanya Brewer, Acting Special Agent in Charge of IRS Criminal Investigation.
Sentencing before United States Magistrate Judge Leonard Strand will be set after a presentence report is prepared. Ubben faces a possible maximum sentence of one year imprisonment, a $100,000 fine, a $25 special assessment, and one year of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by IRS Criminal Investigation.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-3056.
Cedar Rapids Man Sentenced for Federal Firearms OffensesRead the Press Release
Jesse Raymond Akers, 20, of Cedar Rapids, Iowa, was sentenced today to serve 148 months’ in federal prison for possessing firearms as an unlawful drug user, and for possessing stolen firearms. Akers had pled guilty to both offenses on August 17, 2012.
On June 20, 2010, Curtis Grandon, James Porchia Frazier, Sakariya Muhidin, and Jesse Akers burglarized a residence in Marion, Iowa, and stole several items, including seventeen firearms. Only three of the guns were recovered after the burglary. One gun was recovered after being used in a shooting in Michigan. Two guns were recovered in a residence in Marion, Iowa. One of the guns that has not yet been recovered is a SKS semi-automatic assault rifle. Frazier, Muhidin and Grandon have previously pleaded guilty and been sentenced to prison on federal charges related to the theft of the guns.
Akers was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. The sentence was ordered to be served consecutive to a
five-year prison sentence Akers is now serving in the State of Iowa for committing several burglaries and aggravated theft in Linn County and Jones County, Iowa. In addition to being sentenced to serve 148 months’ in federal prison, Akers was ordered to pay a special assessment of $200 and to serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.Judge Reade noted that she increased Akers’ sentence due to a variety of factors including Akers’ dangerousness to the community; likelihood to re-offend; his extensive criminal record and his history of substance abuse. The case was prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by the Marion, Iowa, Police Department.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 11-00164 LRR.
Nebraska Man to Federal Prison for Iowa Crack ConspiracyRead the Press Release
A man who conspired to distribute crack cocaine was sentenced December 28, 2012, to more than 10 years in federal prison.
Jason Martinez, 30, from Omaha, Nebraska, received the prison term after a June 28, 2012, guilty plea to distribution of crack cocaine, possessing marijuana with intent to distribute, and illegal possession of a firearm. Martinez was previously convicted of possession with intent to distribute in Douglas County Court for Nebraska in 2008, and in 2002, Martinez was convicted of criminal sale of controlled substance in New York.
At the guilty plea, Martinez admitted his involvement in a conspiracy that distributed more than 280 grams of crack cocaine from 2010 through June 2011. Martinez admitted to obtaining crack cocaine from sources in Omaha, Nebraska, and reselling it in Sioux City. On November 23, 2011, in Sac County, Iowa, Martinez was stopped by law enforcement officers and subject to a search, officers located over 72 grams of marijuana, over 3 grams of crack cocaine and a .22 caliber pistol. On two occasions in May 2011, and June 2011, Martinez distributed, in total, over 10 grams of crack cocaine to an individual cooperating with law enforcement.
Martinez was sentenced in Sioux City by United States District Court Judge Donald E. O’Brien. Martinez was sentenced to 130 months’ imprisonment. A special assessment of $300 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. Martinez is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Tri-State Drug Task Force based in Sioux City, Iowa, which consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Bureau of Immigration and Customs Enforcement; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office, the Sac County Sheriff’s Office, 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 11-4143.