Northern District of Iowa

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.