Southern District of Iowa
Press releases recorded for this federal judicial district.
Audubon County Resident Sentenced to 70 Months in Prison for Conspiracy to Distribute MethamphetamineRead the Press Release
COUNCIL BLUFFS, IA- On November 10, 2015, Randy Mark Heinrichs, age 50, of Exira, Iowa, was sentenced by Chief United States District Court Judge John A. Jarvey to 70 months in prison for conspiring to distribute methamphetamine, announced United States Attorney Nicholas A. Klinefeldt. Heinrichs also will be required to serve a three-year term of supervised release following his release from imprisonment.
On August 6, 2015, Heinrichs pleaded guilty to this charge and admitted that he participated in a conspiracy to distribute methamphetamine in the Southern District of Iowa beginning as early as June 2004 and continuing through August 2004. The charge was the result of an investigation by law enforcement of drug trafficking that occurred in both Omaha, Nebraska, and Exira, Iowa.
The investigation was conducted by the Iowa Department of Public Safety, Division of Narcotics Enforcement, and the United States Drug Enforcement Administration. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Urbandale Man Sentenced to Federal Prison for Bank RobberyRead the Press Release
DES MOINES, IA – On October 29, 2015, Hassam Fayiz Abusharkh, age 36, of Urbandale, Iowa, appeared in federal court before Senior United States District Judge Robert W. Pratt and was sentenced to 80 months in federal prison for bank robbery, announced United States Attorney Nicholas A. Klinefeldt. Abusharkh previously pleaded guilty to the offense, admitting that he robbed the Farmers and Merchants State Bank in St. Charles, Iowa, on March 25, 2015. Abusharkh will be required to serve a five-year period of supervised release after his release from prison and also was ordered to pay restitution.
This case was investigated by the Madison County Sheriff’s Office and the Federal Bureau of Investigation and was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Bettendorf Man Pleads Guilty to Filing a False Tax ReturnRead the Press Release
DAVENPORT, IA – On October 5, 2015, Monte A. Cox, age 55, appeared before the Honorable Stephen B. Jackson, Jr., and pled guilty to filing a false tax return for the year 2009, announced United States Attorney Nicholas A. Klinefeldt.
According to the plea agreement, Cox underreported income on his personal tax returns for the years 2007, 2008, 2009, and 2010. During this period Cox resided in Bettendorf, Iowa, and earned income as a Mixed Martial Arts (MMA) fight promoter and fighter manager. He operated his business under the name Ultimate Productions, Inc. For each of these years, Cox knew that he had received income from his MMA-related activities and ownership of Ultimate Productions, Inc. that exceeded the income he reported on his tax return. Cox underreported his income by an estimated $255,036 for 2007, $295,854 for 2008, $405,778 for 2009, and $152,509 for 2010.
Cox is scheduled to be sentenced before United States District Court Chief Judge John A. Jarvey on February 24, 2016, at 10:00 a.m., in Davenport, Iowa. Filing a false tax return is a felony that carries a maximum term of three years imprisonment, up to $100,000 fine, and up to one year of supervised release.
This case was investigated by the Internal Revenue Service – Criminal Investigation. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
U.S. Attorney Nicholas A. Klinefeldt to Step DownRead the Press Release
DES MOINES, IA—Nicholas A. Klinefeldt announced today that he will step
down as the United States Attorney for the Southern District of Iowa, effective November
15, 2015. After leaving office, Mr. Klinefeldt will become a partner in the Des Moines
office of an international law firm.
“Serving as United States Attorney for the Southern District of Iowa has been the
greatest honor and privilege of my career,” United States Attorney Klinefeldt said today.
“I am grateful for the trust placed in me by President Obama and appreciate the
opportunity I have had to work with Attorneys General Holder and Lynch and the other
dedicated professionals across the Department of Justice. I have been inspired by the
ongoing commitment to justice displayed by the lawyers and staff in the Southern District
of Iowa. They work hard every day to protect the communities across Iowa, and
vigorously represent the United States.”
On September 25, 2009, President Barack Obama nominated Mr. Klinefeldt to be
the United States Attorney for the Southern District of Iowa. The United States Senate
unanimously confirmed his nomination on November 21, 2009, and he was sworn into
office on November 25, 2009. Prior to his appointment as United States Attorney, Mr.
Klinefeldt practiced white collar criminal defense in Boston, Massachusetts, and then
both civil and criminal law in Des Moines, Iowa. Mr. Klinefeldt received his B.A. with
honors and his J.D. with distinction from the University of Iowa. He clerked for U.S.
District Court Judge Robert W. Pratt of the Southern District of Iowa and Chief Justice
Christopher J. Armstrong and Justice Benjamin Kaplan of the Massachusetts Appeals
Court.
As United States Attorney, Mr. Klinefeldt has been a member of the Attorney
General’s Advisory Subcommittee on White Collar Crime and co-chair of the Attorney
General’s Advisory Subcommittee on Criminal Practice. As co-chair of the
Subcommittee on Criminal Practice, United States Attorney Klinefeldt worked with other
leaders in the Department of Justice, on a national basis, to update and expand discovery
policies to ensure defendants receive all of the information they need to adequately
defend themselves, and revamp sentencing practices to ensure the end result of a
prosecution is fair.
Locally, United States Attorney Klinefeldt developed a comprehensive discovery
policy for the Southern District of Iowa that ensures criminal defendants receive even
more information about the case against them than is required by the rules and that they
receive it quickly. This policy included the development of a Stipulated Discovery and
Protective Order that is now universally used in all criminal cases across the district.
United States Attorney Klinefeldt also changed the way the office utilized mandatory
minimum sentences, to ensure that they were only used when absolutely necessary.
As United States Attorney, Mr. Klinefeldt has served as the chief federal law
enforcement officer for the Southern District of Iowa. He has taken great pride in the
relationships he and the office have developed with their federal, state, and local law
enforcement partners. United States Attorney Klinefeldt emphasized and expanded white
collar crime enforcement in the Southern District of Iowa. Under United States Attorney
Klinefeldt’s leadership, the office also brought two major civil rights cases against Des
Moines Police Officers for excessive force.
Mr. Klinefeldt’s leadership of the United States Attorney’s Office included not
only being extensively involved in each of the cases brought by his office, but also
personally handling and trying to juries several prosecutions himself.
The Southern District of Iowa covers 47 of Iowa’s 99 counties, and includes
Council Bluffs, Des Moines, Ames, Iowa City, Davenport, and Burlington. The United
States Attorney’s Office, with staffed offices in Council Bluffs, Des Moines, and
Davenport, has 26 Assistant United States Attorneys and is responsible for conducting all
criminal and civil litigation in the district involving the United States government.
Iowa Landowner Sentenced for Leasing Land Used in Illegal Guided Deer HuntsRead the Press Release
DES MOINES, IA - On October 21, 2015, Steven C. Miller, 63, of Russell, Iowa, was sentenced by Chief United States District Judge John A. Jarvey to 4 years of probation for his role in leasing land that was used in illegal guided deer hunts in Iowa, announced United States Attorney Nicholas A. Klinefeldt. As a condition of his probation, Miller must pay a $3,000 fine, and cannot engage in hunting activities or allow any form of hunting or trapping to occur on his property. Miller was also ordered to pay a $2,500 money judgment in lieu of forfeiture of his equipment used during the illegal guided hunts, and pay a $25 special assessment to the Crime Victims Fund.
Iowa is a renowned destination for hunting white-tail, buck deer. The state is routinely ranked as one of the top states in the nation for producing trophy white-tail, buck deer. These deer serve as an important natural resource, which is carefully managed by the Iowa Department of Natural Resources. Part of this process involves the restriction on the number of out-of-state hunters who are allowed to hunt white-tail deer in Iowa each year. On average, out-of-state hunters can obtain a license once every three-to-four years to hunt white-tail, buck deer in Iowa.
People who hunt illegally for Iowa trophy deer undermine the State's management efforts, and deprive those who hunt ethically and follow the laws and regulations of opportunities to take trophy deer.
From around 2009 to January 2014, Miller leased land in rural Lucas County to Robert Jerome Wilkins of Alabama, for Wilkins to hunt for white-tail deer. Wilkins guided out-of-state hunters during paid hunts for trophy white-tail, buck deer on Miller's land. None of these out-of-state hunters possessed hunting license or tags as required by the laws and regulations of the State of Iowa. Some of the hunters were successful in illegally killing white-tail, buck deer, and the capes and antlers of those deer were transported from Iowa to Alabama.
Miller pled guilty on July 14, 2015, to a misdemeanor violation of the Lacey Act for the unlawful sale of wildlife in violation of 16 U.S.C. §§ 3372(a)(2)(A), 3373(d)(2). Miller acknowledged that in the exercise of due care, he should have known that the hunters were hunting for and killing the deer in violation of Iowa's hunting laws and regulations.
In the related cases, Robert Jerome Wilkins previously pled guilty to felony conspiracy to commit the unlawful sale of wildlife, was sentenced on July 17, 2015, by Senior United States District Judge James E. Gritzner to 4 years of probation, which included 6 months of home confinement. Wilkins was also ordered to pay $12,000 in restitution to the Iowa Department of Natural Resources, pay a $100 special assessment to the Crime Victims Fund, and forfeit firearms and a scope used in the illegal hunts.
Wilkins was assisted during the guided hunts by Kinsman Bruce Wolfe of Montgomery, Alabama. On July 23, 2015, Wolfe was convicted by a jury of conspiracy to commit the unlawful sale of wildlife, as well as two counts of unlawful sale of wildlife, all felony offenses. Wolfe is scheduled to be sentenced by Chief United States District Judge Jarvey on November 20, 2015.
"These types of cases show a complete disregard for Iowa's hunting laws and regulations, and this criminal conduct will not be tolerated. Individuals engaging in such conduct, including landowners who allow their land to be used for unlawful hunting, will be held accountable," said United States Attorney Nicholas A. Klinefeldt.
This investigation was conducted by the United States Fish and Wildlife Service, the Iowa Department of Natural Resources, and the Alabama Game and Fish Division, and was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Federal Court Sentences Fort Madison Man on Charge of Being Felon in Possesion of a FirearmRead the Press Release
DAVENPORT, IA - On October 1, 2015, Richard Tommy Williams, age 28, of Fort Madison, Iowa, was sentenced by United States Senior District Court Judge James E. Gritzner to 77 months in prison on the charge of possession of a firearm as a felon, announced United States Attorney Nicholas A. Klinefeldt. Williams was also ordered to serve two years of supervised release, and to pay $100 towards the Crime Victims Fund.
On March 14, 2015, Keokuk, Iowa, Police Department officers responded to a traffic accident and identified Richard Tommy Williams as the involved driver. After an investigation at the scene, Williams was advised he was under arrest on the charge of Operating While under the Influence (OWI). Williams attempted to flee the scene, and physically resisted arrest. During the struggle, Williams grabbed the handgun grip of one of the officer’s guns, and began pulling the gun towards him. After several officers were able to gain control of Williams, officers found a loaded Taurus .380 caliber handgun in Williams’ sweatshirt pocket. Williams has two prior felony convictions in Wisconsin.
Williams pleaded to the charge of possession of a firearm as a felon on July 8, 2015.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Keokuk Police Department, and the case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of the Project Safe Neighborhood initiative.
Cumberland Woman Sentenced Prison for Filing a False Tax ReturnRead the Press Release
DES MOINES, IA – Kathy Joan Cullen, 67, of Cumberland, Iowa, was sentenced to 18 months in federal prison for filing a false tax return on October 1, 2015, announced United States Attorney Nicholas A. Klinefeldt. Sentence was imposed by Chief Judge John A. Jarvey. Cullen also was ordered to serve one year of supervised release following her term of incarceration and was ordered to pay restitution in the amounts of $1,384,374.24 to 21st Century Cooperative; $422,411.35 to the Internal Revenue Service; and $131,040.64 to the State of Iowa.
Cullen had previously pleaded guilty to the charge. According to the plea agreement, Cullen embezzled money from her employer, 21st Century Cooperative. Cullen wrote over $1.3 million in checks to herself over a period of six years and deposited the proceeds into a personal bank account. Cullen admitted that she failed to account for the embezzled funds in her 2009 tax return.
This case was investigated by the Cass County, Iowa Sheriff’s Office and the Internal Revenue Service – Criminal Investigations. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Page County, Iowa, Resident Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
Council Bluffs, IA- On September 23, 2015, James Jayson Davis, 41, of Shenandoah, Iowa, was sentenced by Senior United States District Court Judge James E. Gritzner to 183 months in prison for conspiracy to distribute methamphetamine, announced United States Attorney Nicholas Klinefeldt. Davis’ term of imprisonment is to be followed by five years of supervised release.
Davis entered a guilty plea on February 5, 2015, to conspiracy to distribute methamphetamine from September 2013 up to July of 2014. The plea of guilty resulted from a year-long investigation into drug trafficking in Southwestern Iowa by a group that included Davis and his cousin, James Paul Davis. James Paul Davis was sentenced to 192 months in prison on July 27, 2015, by Judge Gritzner. The investigation showed that methamphetamine was being transported to Southwestern Iowa from the border region in Texas in pound quantities for distribution from Page County, across Southwestern Iowa and into Eastern Nebraska.
The investigation was conducted by the Iowa Division of Narcotics Enforcement, Page County Sheriff’s Office, Shenandoah, Iowa Police Department, Mills County Sheriff’s Office, Southwest Iowa Narcotics Task Force, Omaha, Nebraska Police Department, Metro Area Fugitive Task Force, and the United States Marshal’s Service for the Southern District of Iowa.
The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Pottawattamie County Resident Sentenced to Five Years in Prison for Interstate Travel with Intent to Engage in a Sexual Act with a JuvenileRead the Press Release
COUNCIL BLUFFS, IA - On September 14, 2015, Tyler Lewis Gunderson, a 25 year-old resident of Pottawattamie County, Iowa, was sentenced by Senior United States District Court Judge Robert Pratt, to 60 months in prison on the charge of interstate travel with intent to engage in a sexual act with a juvenile, announced United States Attorney Nicholas A. Klinefeldt. Gunderson was also ordered to serve ten years of supervised release following the period of imprisonment.
Gunderson entered a guilty plea to the charge on July 2, 2015. The guilty plea proceeding established that Gunderson travelled from Iowa to Omaha, Nebraska, to pick-up a juvenile he had met in Omaha, and that Gunderson then drove the juvenile to various locations in and around Council Bluffs, Iowa, for the purposes of engaging in sexual intercourse.
The investigation of this matter was conducted by the Council Bluffs, Iowa, Police Department, the Omaha, Nebraska, Police Department, and the Federal Bureau of Investigation. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Federal Court Sentences Davenport Man on Charge of Felon in Possession of A FirearmRead the Press Release
DAVENPORT, IA - On September 14, 2015, Adam Lamar Ammons, age 42, formerly of Davenport, Iowa, was sentenced by United States District Court Judge James E. Gritzner to 88 months in prison, after pleading guilty to the charge of felon in possession of a firearm, announced United States Attorney Nicholas A. Klinefeldt. Ammons was also ordered to serve three years of supervised release following the period of imprisonment, and to pay $100 towards the Crime Victims Fund.
On or about August 14, 2014, as part of a narcotics investigation, Davenport Police Department (DPD) officers obtained a search warrant to seize and search a safe from a bedroom at a residence on 15th Street in Davenport, Iowa. A Ruger SR22 handgun and associated handgun magazines were seized out of this safe. A witness knew Ammons had placed this safe at the residence, and knew that only Ammons had a key. Ammons admitted that he knew the Ruger SR22 handgun was in the safe, and that he knowingly possessed this handgun. Ammons has a prior 2012 state felony conviction for possession with intent to deliver marijuana.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Davenport Police Department, and this case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of the Project Safe Neighborhoods initiative.
Federal Court Sentences Burlington Man for Production of Child PronographyRead the Press Release
DAVENPORT, IA - On September 14, 2015, Jeffrey David Rogers, age 49, of Burlington, Iowa, was sentenced by Senior United States District Court Judge James E. Gritzner to 210 months in prison on the charge of production of child pornography, announced United States Attorney Nicholas A. Klinefeldt. Rogers was also ordered to serve ten years of supervised release following the period of imprisonment, to comply with sex offender registry requirements, and to pay $100 towards the Crime Victims Fund.
Burlington, Iowa, police officers seized Rogers’ cell phone in August of 2014 after receiving information that it contained child pornography. Rogers’ cell phone was forensically examined, and the forensic examiner concluded that the phone contained several pornographic photographs of a child, later determined to be a 4 year-old female. Rogers admitted taking these pictures while he was babysitting the victim.
Rogers pleaded guilty to the charge of production of child pornography on May 26, 2015.
This matter was investigated by the Burlington, Iowa, Police Department and the Federal Bureau of Investigation, and the case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of the Project Safe Childhood initiative.
Davenport Man Sentenced to 20 Years for Bank RobberyRead the Press Release
DAVENPORT, IA – On September 14, 2015, Adrian Romal Lomas (Lomas), 43, of Davenport, Iowa, was sentenced by Senior United States District Judge James E. Gritzner to 240 months in prison on the charge of bank robbery, announced United States Attorney Nicholas A. Klinefeldt. Lomas was also ordered to serve three years supervised release following the imprisonment, to pay $3,375 in restitution, and to pay $100 to the Crime Victims Fund.
On Friday, June 6, 2014, Adrian Romal Lomas and a 15-year-old boy entered the federally insured Family Credit Union on Jersey Ridge Road in Davenport at about 2:45 p.m. and robbed it. Lomas was a wearing a dark T-shirt, gloves, sunglasses, a baseball-type cap, and a bandana over his face. He had placed an authentic-looking, imitation firearm in his waistband which he showed the teller before demanding all of the money she had. Lomas made contact with the teller as he reached across the teller’s counter to withdraw some of the money. Lomas placed the money in a backpack that was carried, at first, by the juvenile and then by Lomas. Lomas and the juvenile fled the bank and ran to an awaiting vehicle driven by a third person. Lomas got away with $4,075.00.
Lomas was arrested on June 11, 2014, at a motel in Moline, Illinois.
Trial of the matter commenced on May 19, 2015 in the United States Courthouse in Davenport, Iowa, and the jury returned a guilty verdict on May 22, 2015.
This matter was investigated by the Davenport Police Department and the Federal Bureau of Investigation, and the case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Council Bluffs, Iowa, Resident Sentenced for Possession with Intent to Distribute MethamphetamineRead the Press Release
COUNCIL BLUFFS, IA - On September 14, 2015, Daniel Eugene Hannan, a 40 year-old resident of Council Bluffs, Iowa, was sentenced by Senior United States District Court Judge Robert Pratt to 120 months in prison on the charges of possession with intent to distribute methamphetamine and possession of a stolen firearm, announced United States Attorney Nicholas A. Klinefeldt. Hannan was also ordered to serve five years of supervised release following the period of imprisonment.
The investigation of this matter began as a result of Hannan fleeing from law enforcement. When located, Hannan was found to have a large amount of methamphetamine which Hannan intended to distribute. A subsequent search warrant located additional methamphetamine and a shotgun which had been stolen from a burglary in Red Oak, Iowa. Hannan entered a guilty plea to the charges of possession with intent to distribute methamphetamine and possession of a stolen firearm on June 4, 2015.
The investigation of this matter was conducted by the Southwest Iowa Narcotics Task Force, the Council Bluffs, Iowa, Police Department, and the Red Oak, Iowa, Police Department. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Federal Court Sentences Muscatine Man for Conspiracy to Distribute CocaineRead the Press Release
DAVENPORT, IA- On August 26, 2015, Pedro Cabrera Lopez, Jr. aka Pedro Lopez Cabrera, Jr., age 39, of Muscatine, Iowa, was sentenced by United States District Court Chief Judge John A. Jarvey to 120 months in prison on a charge of conspiracy to distribute a controlled substance, announced United States Attorney Nicholas A. Klinefeldt. Cabrera Lopez was also ordered to serve four years of supervised release following the period of imprisonment, and to pay $100 towards the Crime Victims Fund.
Beginning about June 2006 and continuing to about July 2007, Cabrera Lopez and his co-conspirators distributed large amounts of cocaine to individuals in Muscatine. The quantity of cocaine distributed in the conspiracy exceeded 2 kilograms.
After he was indicted, Cabrera Lopez went to Mexico for approximately seven years until he was arrested in Texas in November of 2014, and extradited back to Iowa. Cabrera Lopez pleaded guilty on April 22, 2015, to the charge of conspiracy to distribute at least 500 grams of a mixture or substance containing cocaine.
This matter was investigated by the Drug Enforcement Administration and the Muscatine County Drug Task Force, and the case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of the Project Safe Neighborhood initiative.
Davenport Woman Sentenced on Charge of Making False Statements in Purchase of FirearmsRead the Press Release
DAVENPORT, IA – On August 26, 2015, Jenifer Tran, age 41, was sentenced by United States District Court Chief Judge John A. Jarvey to time-served and three years of supervised release, with six months of home confinement, on a charge of making false statements during the purchase of firearms, announced United States Attorney Nicholas A. Klinefeldt. Tran was also ordered to pay $100 towards the Crime Victims Fund.
On August 14, 2014, the Davenport Police responded to a 911 call at the residence of Charles Bryan Ewert in Davenport, Iowa, in reference to a domestic disturbance. The caller related she had been physically and emotionally abused by Ewert, he had threatened to kill her, and he had multiple firearms at the residence. Davenport Police surrounded the residence and attempted to make contact with Ewert. He was uncooperative and the situation was handled as a barricaded suspect who was possibly armed. Ewert was observed by officers entering and leaving the garage during the stand-off. After about an hour, Ewert was arrested.
A search warrant was obtained for the residence and a search was conducted. Eight firearms were recovered in the garage along with a large amount of ammunition for various types and calibers of firearms including a Springfield Armory M1A, 7.62 caliber rifle, a Ruger P95, 9mm semiautomatic pistol, and a Remington 870, 12 gauge shotgun. These firearms were traced to Tran, and it was determined that the firearms were purchased by Tran for Ewert, at Ewert’s request.
When purchasing the firearms on December 11, 2011, Tran completed a federal firearm transaction form required by law. In so doing, Tran falsely answered "yes" to the question: "Are you the actual transferee/buyer of the firearms(s) listed on this form? Warning: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person. If you are not the actual buyer, the dealer cannot transfer the firearm(s) to you.", when in fact Tran purchased the firearms for Charles Bryan Ewert.
This case was investigated by the Davenport Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Davenport Man Sentenced for Possession of FirearmsRead the Press Release
DAVENPORT, IA – On August 26, 2015, Charles Bryan Ewert, age 36, was sentenced by United States District Court Chief Judge John A. Jarvey to 84 months in prison for being a felon in possession of eight firearms and for making false statements during the purchase of a firearm, announced United States Attorney Nicholas A. Klinefeldt. Ewert was also ordered to serve three years supervised release following the imprisonment and to pay $200 towards the Crime Victims Fund. Ewert agreed to forfeit his interest in the firearms and ammunition he illegally possessed.
On August 14, 2014, the Davenport Police responded to a 911 call at the residence of Charles Bryan Ewer in Davenport, Iowa, in reference to a domestic disturbance. The caller related she had been physically and emotionally abused by Ewert, he had threatened to kill her, and he had multiple firearms at the residence. Davenport Police surrounded the residence and attempted to make contact with Ewert. He was uncooperative and the situation was handled as a barricaded suspect who was possibly armed. Ewert was observed by officers entering and leaving the garage during the stand-off. After about an hour, Ewert was arrested. A search warrant was obtained for the residence, and a search was conducted. Eight firearms were recovered in the garage along with a large amount of ammunition for various types and calibers of firearms. The firearms include: (1) a Bushmaster Carbon 15 (AR15) .223 caliber semiautomatic rifle, (2) a Springfield 87A, .22 caliber rifle, (3) a Glock Model 22 .40 caliber semiautomatic pistol, (4) a Springfield Armory M1A, 7.62 caliber rifle, (5) a Winchester 50, 12 gauge shotgun, (6) a Winchester 12, 12 gauge shotgun, (7) a Ruger P95, 9mm semiautomatic pistol, and (8) a Remington 870, 12 gauge shotgun. Ewert was convicted in 2002 of felony eluding, a crime punishable by imprisonment for a term exceeding one year.
The Glock pistol was traced to a federal firearms licensee, who produced copies of a gun permit, driver’s license, and Form 4473 for a person with the name of a Davenport businessman. The police interviewed the Davenport businessman, who said he provided a copy of his driver’s license and copy of his gun permit to Ewert as they were jointly purchasing the firearm. He said it was Ewert who purchased the firearm using these copies. The businessman sold the Bushmaster Carbon 15 to Ewert in a separate transaction. The police re-interviewed the federal firearms licensee, who admitted that he sold the Glock pistol to Ewert after being provided the identification documents in the name of the businessman.
This case was investigated by the Davenport Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Kansas Man Sentenced to Prison for Supplemental Medicare Insurance ScamRead the Press Release
DES MOINES, IA – On August 21, 2015, Brian Curtis Henton, 38, of Olathe, Kansas, was sentenced by United States District Court Judge James E. Gritzner to 12 months and one day in federal prison based on his earlier guilty pleas to two counts of mail fraud, announced United States Attorney Nicholas A. Klinefeldt. Judge Gritzner also ordered Henton to pay $23,300.15 in restitution to Equitable and Cigna insurance companies, and to serve three years of supervised release following his release from federal prison.
According to the plea agreement, from in or about April 2013 until October of 2013, Henton used his Iowa Insurance Producer License and fraudulent applications to sell approximately 120 Equitable and Cigna Supplemental Medicare insurance policies to Kansas residents. Henton admitted that he sold the insurance policies to Kansas residents, but entered false Iowa addresses, false Iowa telephone numbers, and forged applicants’ signatures on the applications when submitted to the insurance companies. As a result of the fraud, Henton received commission payments that he was not entitled to from Equitable and Cigna.
This matter was investigated by the Iowa Insurance Fraud Bureau and the Federal Bureau of Investigation, and the case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Council Bluffs Resident Sentenced to 60 Months on Charge of Possession of a Firearm by a Prohibited PersonRead the Press Release
COUNCIL BLUFFS, IA- On August 24, 2015, David Allen Brensel, a 60 year-old resident of Council Bluffs, Iowa, was sentenced by United States District Court Chief Judge John Jarvey to serve 60 months in prison on the charge of possessing a firearm after a felony conviction, announced United States Attorney Nicholas A. Klinefeldt. Judge Jarvey also ordered Brensel to serve a term of three years of supervised release after he completes his term of imprisonment.
Brensel pleaded guilty to the charge of possession of a firearm by a convicted felon on January 8, 2015. When pleading guilty, Brensel admitted being responsible for the theft of four firearms from a residence in Red Oak, Iowa, and then transporting them to Council Bluffs, Iowa, where he sold them.
The investigation was conducted by the Red Oak, Iowa, Police Department, the Council Bluffs, Iowa, Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Pottawattamie County Resident Sentenced to 30 Months for Possessing Child PornographyRead the Press Release
COUNCIL BLUFFS, IA- On August 6, 2015, David Leon Breneman, a 49 year-old resident of Council Bluffs, Iowa, was sentenced by United States District Court Judge Stephanie M. Rose to 30 months in prison for possession of child pornography, announced United States Attorney Nicholas A. Klinefeldt. Judge Rose also ordered that Breneman serve 10 years of supervised release following the period of imprisonment. During the period of supervised release, Breneman will be monitored by the United States Probation Office for compliance with conditions of release set by the Court at the time of sentencing.
An investigation by law enforcement revealed that from May to December of 2012, Breneman had obtained images from the internet of prepubescent children engaged in sexually explicit conduct. Breneman pleaded guilty to the charge of possession of child pornography on April 2, 2015.
The investigation was conducted by the Cyber Crime Unit of the Iowa Division of Criminal Investigation, and the case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Douglas County, Nebraska, Resident Sentenced to 84 Months inPrison for Being a Felon in Possession of a FirearmRead the Press Release
COUNCIL BLUFFS, IA- On August 6, 2015, Jesse Craig Wilkinson, a 33 year-old resident of Omaha, Nebraska, was sentenced by United States District Court Judge Robert W. Pratt to 84 months in prison, for being a convicted felon in possession of a firearm, announced United States Attorney Nicholas A. Klinefeldt. Judge Pratt also ordered Wilkinson to serve two years of supervised release following the period of imprisonment.
The investigation by law enforcement began with a report of suspicious activity occurring in Pottawattamie County, Iowa. Wilkinson initially fled police officers, and when apprehended, was found to be in possession of a loaded .40 caliber handgun. Wilkinson was prohibited from possessing a firearm after he was convicted in 2003 in the District of Nebraska on charges of conspiracy to possess with intent to distribute methamphetamine and being a felon in possession of a firearm. Wilkinson pleaded guilty on April 2, 2015, to the current charge of being a felon in possession of a firearm.
The investigation was conducted by the Council Bluffs, Iowa, Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Cass County Resident Sentenced to 5 Years for Receiving Child PornographyRead the Press Release
COUNCIL BLUFFS, IA- On August 6, 2015, Jimmy Joe Misner, a 54 year-old resident of Atlantic, Iowa, was sentenced by United States District Court Judge Robert W. Pratt to 5 years in prison for the charge of receipt of child pornography. Judge Pratt also ordered that Misner serve 10 years of supervised release following the period of imprisonment. During the period of supervised release, Misner will be monitored by the United States Probation Office for compliance with conditions of release set by the Court at the time of sentencing.
An investigation by law enforcement revealed that from September to December of 2013, Misner had obtained from the internet over 1,700 images and 97 videos of prepubescent and adolescent children engaged in sexually explicit conduct. Misner pleaded guilty on May 1, 2015, to the charge of receipt of child pornography.
The investigation was conducted by the U.S. Department of Homeland Security, and the case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Council Bluffs, Iowa Resident Sentenced to 75 Months Possession of a Firearm by a Prohibited PersonRead the Press Release
Council Bluffs, IA - On August 6, 2015, Timothy Andrew Frieze, a 50 year old resident of Council Bluffs, Iowa, was sentenced by Senior United States District Court Judge Robert Pratt to seventy-five months in prison for possessing a firearm after a felony conviction. Senior Judge Pratt also ordered Frieze to serve a term of three years of supervised release when he completes his imprisonment. On August 14, 2014, Frieze pled guilty to Possession of a Firearm by a convicted felon. The charge was the result of an investigation being done by the Southwest Iowa Narcotics Task Force into drug trafficking in Council Bluffs, Iowa. On October 11, 2013, Frieze was seen leaving a residence that was under law enforcement surveillance for suspicion of narcotics trafficking. Frieze was stopped by law enforcement and found to be carrying a Raven .25 caliber handgun. Frieze was prohibited from possession of the firearm based on several prior convictions for felony offenses.
The investigation was conducted by the Southwest Iowa Narcotics Task Force, the Council Bluffs Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Federal Court Sentences Davenport Man for Felon in Possession of A Firearm ChargeRead the Press Release
DAVENPORT, IA - On July 29, 2015, Keelyn Stokes, age 21, of Davenport, Iowa, was sentenced by United States District Court Judge John A. Jarvey to 85 months in prison, after Stokes pleaded guilty to the charge of felon in possession of a firearm, announced United States Attorney Nicholas A. Klinefeldt. Stokes was also ordered to serve three years of supervised release following the period of incarceration, and to pay $100 towards the Crime Victims Fund.
On April 16, 2014, Davenport Police officers responded to a disturbance and saw several individuals exiting and running from a stolen vehicle. As officers gave chase, Stokes was seen throwing down a gun while running. The firearm, which was later recovered by the officers, was identified as a Bryco .25 caliber handgun with a loaded magazine. Stokes had been convicted of a felony prior to April 2014.
This case was investigated by the Bureau of Alcohol, Tobacco and Firearms and the Davenport Police Department, and the case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of the Project Safe Neighborhood initiative.
West Burlington Man Pleads Guilty to Tax Related ChargesRead the Press Release
DAVENPORT, IA – On August 3, 2015, William W. Peugh (Peugh), 62, of West Burlington, Iowa, entered guilty pleas to three counts of failure to file tax returns before United States Magistrate Judge Stephen B. Jackson, Jr., announced U.S. Attorney Nicholas A. Klinefeldt. On each count Peugh faces a maximum sentence of one year in prison, a maximum fine of $25,000, and a term of supervised release of not more than one year following any period of incarceration. A mandatory special assessment of $25 per count must be imposed by the sentencing court.
The charges arose due to Peugh’s failure to file income tax returns for calendar years 2008, 2009, and 2010. Peugh, who owned and operated WWPeugh Sales, received income through the sale of machinery for other companies. Peugh’s income is from commissions paid by these companies. In calendar year/tax year 2008, Peugh received approximately $400,000 in commissions resulting in a tax due and owing to the Internal Revenue Service. The due date for the 2008 Form 1040 was April 15, 2009. Peugh filed for an extension to October 15, 2009 but did not file a return. In calendar year/tax year 2009, Peugh received approximately $400,000 in commissions resulting in a tax due and owing to the Internal Revenue Service. No return was filed. In calendar year/tax year 2010, Peugh received approximately $360,000 resulting in a tax due and owing to the Internal Revenue Service. Again no return was filed.
Magistrate Judge Jackson accepted Peugh’s guilty pleas, and the Court has scheduled the sentencing hearing for December 16, 2015.
The case was investigated by the Internal Revenue Service - Criminal Investigation, and the case is being prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Page County, Iowa, Resident Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
COUNCIL BLUFFS, IA- On July 24, 2015, James Paul Davis, a 31 year-old resident of Shenandoah, Iowa, was sentenced by United States District Court Judge James E. Gritzner to 192 months in prison for conspiracy to distribute methamphetamine, announced United States Attorney Nicholas Klinefeldt. Davis was also ordered to serve five years of supervised release following the period of imprisonment.
Davis entered a guilty plea on March 11, 2015, to the charge of conspiracy to distribute methamphetamine. The plea of guilty resulted from a year-long investigation that showed large quantities of methamphetamine were transported to Southwestern Iowa from the border region in Texas for distribution across Southwestern Iowa and into Eastern Nebraska from September of 2013 to June of 2014.
The investigation was conducted by the Iowa Division of Narcotics Enforcement, Page County Sheriff’s Office, Shenandoah, Iowa, Police Department, Mills County Sheriff’s Office, Southwest Iowa Narcotics Task Force, Omaha, Nebraska, Police Department, Metro Area Fugitive Task Force, and the United States Marshal’s Service for the Southern District of Iowa.
The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Alabama Man Convicted of Three Counts for His Role in Unlawful Guided Deer Hunts in IowaRead the Press Release
DES MOINES, IA - On July 23, 2015, a jury in the Southern District of Iowa convicted Kinsman Bruce Wolfe, age 63, of Montgomery, Alabama, of two counts of unlawful sale of wildlife, and one count of conspiracy to commit the unlawful sale of wildlife. Sentencing has been scheduled for October 21, 2015 before the Honorable John A. Jarvey.
From around October 2013 to December 2013, Wolfe assisted Robert Wilkins, age 53, of Semmes, Alabama, in guiding hunts for trophy white-tail buck deer in rural Lucas County, Iowa. Non-resident hunters were allowed to hunt on the property during the paid hunts, despite not having paid for Iowa hunting licenses, fees and transportation tags. The capes and antlers of illegally taken deer were then transported from Iowa to Alabama.
This investigation was conducted by the United State Fish and Wildlife Service, the Iowa Department of Natural Resources, and the Alabama Division of Game and Natural Resources, and the case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Alabama Firefighter Sentenced for Illegal Guided Deer HuntsRead the Press Release
DES MOINES, IA - On July 17, 2015, Robert J. Wilkins, 53, of Semmes, Alabama, was sentenced by United States District Court Judge James E. Gritzner to 4 years of probation for Wilkins’ role in guiding illegal deer hunts in Iowa, announced United States Attorney Nicholas A. Klinefeldt. As conditions of his probation, Wilkins must serve 6 months of home confinement and pay $12,000 in restitution to the Iowa Department of Natural Resources. Wilkins was also ordered to pay a $100 special assessment to the Crime Victims Fund.
Beginning in at least 2010, Wilkins guided out-of-state hunters, who did not have Iowa hunting license or tags, during illegal white-tail buck deer hunts on land in rural Lucas County. Wilkins arranged for the hunts, provided hunting equipment, collected guide fees, provided instructions to hunters for avoiding detection by game wardens and law enforcement, helped process illegally taken deer, and transported the meat, capes and antlers of illegally taken deer from Iowa to Alabama.
This investigation was conducted by the United State Fish and Wildlife Service, the Iowa Department of Natural Resources, and the Alabama Game and Fish Division, and was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Quad Cities Man Sentenced for Firearms OffenseRead the Press Release
DAVENPORT, IA – On July 15, 2015, Travis Diontrae Harris, also known as Travis Taggart Harris, age 28, was sentenced by Senior United States District Judge James E. Gritzner to 60 months in prison for being a felon in possession of a firearm and ammunition, announced United States Attorney Nicholas A. Klinefeldt. Harris was also ordered to serve two years supervised release following the imprisonment, to forfeit of the firearm and ammunition he possessed, and to pay $100 towards the Crime Victims Fund.
On June 14, 2014, Harris fired multiple shots from a .22 caliber handgun into the side of a residence in Rock Island, IL, and into a vehicle parked near the residence. Multiple adults were in the residence at the time of the shooting.
On July 17, 2014, Davenport, Iowa, police searched Harris’ Davenport residence pursuant to a search warrant. In the kitchen of the residence police seized slightly over an ounce of marijuana, two digital scales, and a .22 caliber handgun which was loaded with 10 rounds of ammunition, all of which belonged to Harris. Harris intended to distribute at least a portion of the seized marijuana to others. Prior to July 17, 2014, Harris had been convicted of three felony crimes.
This case was investigated by the Davenport, Iowa, Police Department, Rock Island, IL, Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.Federal Court Sentences Man on Illegal Re-entry ChargeRead the Press Release
DAVENPORT, IA - On July 14, 2015, Juan De Dios Mendez Ayala, age 35, a citizen of Mexico, was sentenced by United States Senior District Court Judge James E. Gritzner to 51 months in prison after Mendez Ayala stipulated to a violation of his supervised release from a prior 2011 conviction and pleaded guilty to illegal re-entry into the United States as an aggravated felon, announced United States Attorney Nicholas A. Klinefeldt. Mendez Ayala was also ordered to serve three years of supervised release following his imprisonment, and to pay $100 towards the Crime Victims Fund.
After serving his prison sentence, Mendez Ayala will be turned over to immigration authorities for deportation proceedings. Mendez Ayala was sentenced as an aggravated felon based on a 1997 conviction for burglary second degree and a 2008 conviction for possession of stolen property. Mendez Ayala was deported on three prior occasions, most recently in 2012.
This case was investigated by the Homeland Security Investigations (HSI), and the case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Federal Court Sentences Former Davenport Man for Distribution of Child PornographyRead the Press Release
DAVENPORT, IA - On July 15, 2015, Stephen Allen Brooks, age 39, formerly of Davenport, was sentenced by United States Senior District Court Judge James E. Gritzner to 168 months in prison after pleading guilty to distribution of child pornography, announced United States Attorney Nicholas A. Klinefeldt. Brooks was also ordered to serve five years of supervised release following the imprisonment, to pay $3,000 in restitution to a victim, and to pay $100 towards the Crime Victims Fund. Brooks was also ordered to register as a sex offender.
In 2013, the United States Department of Homeland Security Investigations (HSI) received information from an ongoing Nebraska child exploitation investigation. Further investigation showed that an email account later identified to Brooks was distributing and receiving child pornography with a Nebraska subject. Through email chats and exchanges in September 2013, approximately 26 images of child pornography were distributed from Brooks from an email account which belonged to Brooks. Brooks later admitted that he had sent images of minors engaged in sexually explicit conduct to a person in Nebraska.
This case was investigated by Homeland Security Investigations (HSI) and the Davenport, Iowa, Police Department, and the case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Cedar Rapids Man Sentenced for Drug Trafficking OffenseRead the Press Release
DAVENPORT, IA – On July 15, 2015, Charlie D. Pitchford, age 34, was sentenced by Senior United States District Judge James E. Gritzner to 33 months in prison for possession with intent to distribute marijuana, announced United States Attorney Nicholas A. Klinefeldt. Pitchford was also ordered to serve four years supervised release following the imprisonment, to forfeit the firearm and ammunition he possessed, and to pay $100 towards the Crime Victims Fund.
On March 10, 2012, Coralville, Iowa, police stopped a vehicle in which Pitchford was the front seat passenger. Upon searching the vehicle, police found a loaded .45 caliber pistol under the front passenger seat. Next to the pistol was a plastic bag that contained 19 individually packaged bags of marijuana - each bag containing approximately 1 gram of marijuana. The pistol and the marijuana belonged to Pitchford and he intended to distribute some or all of the marijuana to other persons.
This case was investigated by the Coralville, Iowa, Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Pleasant Hill Resident Sentenced to Twenty Years on Federal Child Pornography ChargesRead the Press Release
DES MOINES, IA – On July 1, 2015, Corey Lee Steffen, 37, of Pleasant Hill, Iowa, was
sentenced by U.S. District Court Judge James Gritzner to a 240 month term of imprisonment on
federal child pornography charges, announced U.S. Attorney Nicholas A. Klinefeldt. Judge
Gritzner also sentenced Steffen to 10 years of supervised release after completion of the term of
imprisonment, and Judge Gritzner ordered Steffen to forfeit the computer equipment he used to
commit the crime.
Steffen was caught in 2012 at the Pleasant Hill Public Library using its internet
connection to collect and distribute child pornography on his laptop computer. A forensic
analysis of his computer by law enforcement revealed he had illegally engaged in numerous sex
acts with a 14 year old Minnesota girl in 2010, and video recorded it. He also distributed some
of the videos to a friend in Nevada.
“Our Internet Crimes Against Children Task Force is a partnership of local, state, and
federal authorities who work together to take child abusers like Mr. Steffen out of commission,”
explained U.S. Attorney Nick Klinefeldt. “Protection of children is of critical importance to
national and Iowa law enforcement authorities, and our partnership with law enforcement
agencies like the Pleasant Hill Police Department is invaluable.”
The case was investigated by the Pleasant Hill, Iowa, Police Department, the Iowa
Crimes Against Children Task Force, the Iowa Division of Criminal Investigation, and the
Faribault, Minnesota, Police Department.
The case was prosecuted by the United States Attorney’s Office for the Southern District
of Iowa as part of the U.S. Department of Justice’s “Project Safe Childhood” initiative, which
was started in 2006 as a nation-wide effort to combine law enforcement investigations and
prosecutions, community action, and public awareness in order to reduce the incidence of sexual
exploitation of children.
Any persons having knowledge of a child being sexually abused are encouraged to call
the Iowa Sexual Abuse Hotline at 1-800-284-7821.
Former Iowa State Researcher Sentenced for Making False StatementsRead the Press Release
Dr. Dong Pyou Han Sentenced to 57 Months Imprisonment for Falsifying HIV/AIDS Research.
DES MOINES, IA – On July 1, 2015, Dr. Dong Pyou Han, age 58, appeared in United States District Court and was sentenced to 57 months in federal prison based on his earlier guilty pleas to two counts of making false statements to the National Institutes of Health. Sentence was imposed by United States Senior District Court Judge James E. Gritzner, announced United States Attorney Nicholas A. Klinefeldt. Judge Gritzner also ordered that Dr. Han serve three years of supervised release following his release from federal prison. Dr. Han will be required to pay $7,216,890.12 in restitution to the National Institutes of Health.
United States Attorney Nicholas A. Klinefeldt stated, "It is important that we stand up not just for punishing the fraud committed against the United States government, but for the research that should be legitimately taking place on this devastating disease."
According to the Indictment, while conducting research on behalf of Iowa State University, Dr. Han falsified scientific data to make it appear an experimental HIV/AIDS vaccine, gp41, neutralized, or controlled, the HIV/AIDS virus in rabbits, when in fact the vaccine did not. The Indictment further alleges that Dr. Han spiked sera samples from gp41-immunized rabbits with human sera containing HIV antibodies. The spiking of the rabbit samples made it appear that gp41 produced neutralizing antibodies against the HIV/AIDS virus. The false data was reported to the National Institutes of Health in a research grant application and funded grant progress reports.
In his plea agreement, Dr. Han admitted he provided false data reported in National Institutes of Health Grant Application, "Enhancing B cell immunity against HIV-1 using novel vaccine delivery platforms" and National Institutes of Health Progress Report, "Characterization of immunogenic and structural properties of HIV-1 envelope." Dr. Han also admitted that data derived from his spiking rabbit sera samples with human antibodies was reported to the National Institutes of Health.
"Taxpayers fund medical research with the hope that promising scientific breakthroughs will result in much-needed treatments and cures for patients. Because the money for medical research is limited and the need for scientific advances is great, funding decisions must be based on the best information available. When Dr. Han faked lab results -- collecting scarce government medical research funding under false presentences -- he recklessly betrayed the public’s trust," said Special Agent in Charge Gerald T. Roy, U.S. Department of Health and Human Services Office of Inspector General. "Researchers who lie about their work will face the consequences."
This case was investigated by the United States Department of Health and Human Services – Office of the Inspector General, the Federal Bureau of Investigation, and the case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Federal Court Sentences Man as Armed Career CriminalRead the Press Release
DAVENPORT, IA - On June 18, 2015, Jonathon Adam Lamb, age 36, formerly of Bettendorf, Iowa, was sentenced by Chief United States District Court Judge John A. Jarvey to 180 months in prison, after pleading guilty to felon in possession of a firearm and being found an armed career criminal, announced United States Attorney Nicholas A. Klinefeldt. Lamb was also ordered to serve three years of supervised release following imprisonment, and to pay $100 towards the Crime Victims Fund.
On May 8, 2014, Lamb knowingly possessed a stolen Colt .45 caliber semi-automatic pistol. As a result of two prior Michigan convictions for unarmed robbery in 2000 and a Wisconsin conviction for burglary of a building in 2006, Lamb qualified as an armed career criminal under federal law. On May 8, 2014, Lamb knowingly possessed this same .45 caliber pistol and fired a shot breaking the front window of the Expo Mart Liquor Store on State Street in Bettendorf, Iowa. Later that morning, Lamb was found in possession of the firearm as he sat in a Dodge mini-van in Le Claire, Iowa and was arrested.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Rock Island County Sheriff’s Department, the Bettendorf, Iowa, Police Department, and the Le Claire, Iowa, Police Department. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of the Project Safe Neighborhoods initiative.
Federal Court Sentences Colorado Man for Conspiracy to Manufacture and Distribute MarijuanaRead the Press Release
DAVENPORT, IA - On June 18, 2015, George Peter Podes, age 44, formerly of Denver, Colorado, was sentenced by Chief United States District Court Judge John A. Jarvey to 96 months in prison, after pleading guilty to conspiracy to distribute at least 100 kilograms of marijuana, announced United States Attorney Nicholas A. Klinefeldt. Podes was also ordered to serve four years of supervised release after the imprisonment, and to pay $100 towards the Crime Victims Fund.
From approximately May 2011 to March 6, 2013, Podes agreed with several individuals, including Jared Fromknecht, Morgan Hermiston, Charles Williams, Harrison Summers, Jacob Aldrich, Michael Wood and Austin Iossi to manufacture and distribute marijuana. Podes was involved in the growing and manufacturing of multiple pounds of marijuana in Colorado that were provided to Jared Fromknecht for distribution in Iowa. Podes also acted as a middleman for marijuana transactions involving 20 to 40 pounds of marijuana at a time. In furtherance of this conspiracy, Podes obtained equipment and plant materials to manufacture multiple marijuana grows, for a total of in excess of 500 plants, at his Colorado residence. Podes admitted that he was responsible for at least 100 kilograms of marijuana and/or 100 marijuana plants.
This case was investigated by the Drug Enforcement Administration, the Iowa Department of Public Safety-Division of Narcotics Enforcement, the United States Postal Inspections Service, and the Davenport, Iowa, Police Department. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Cumberland Woman Pleads Guilty to Filing a False Tax ReturnRead the Press Release
Kathy Cullen admitted to failing to report funds to the IRS that she embezzled from her employer.
DES MOINES, IA – On June 17, 2015, Kathy Joan Cullen appeared in United States District Court, before the Honorable Celeste F. Bremer, and pled guilty to filing a false 2009 tax return, announced United States Attorney Nicholas A. Klinefeldt.
According to the plea agreement, Cullen embezzled money from her employer, 21st Century Cooperative. Over a period of six years, Cullen wrote over $1.3 million in checks to herself and deposited the proceeds into a personal bank account. Cullen admitted that she failed to account for the embezzled funds in her 2009 tax return.
Cullen is scheduled to be sentenced before the Honorable John A. Jarvey on October 1, 2015, at 3:30 p.m., in Des Moines, IA. Filing a false tax return carries a maximum term of three years imprisonment, up to a $100,000 fine, and up to one year of supervised release. Cullen is also required to pay restitution, in an amount ordered by the Court.
This case was investigated by the Internal Revenue Service – Criminal Investigation, and the Cass County Sheriff’s Office. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Pottawattamie County Resident Sentenced to 84 Months in Prison for Conspiracy to Distribute MethamphetamineRead the Press Release
COUNCIL BLUFFS, IA - On June 12, 2015, Ruben Toledo Jr., a 20 year-old resident of Council Bluffs, Iowa, was sentenced by United States District Court Judge Stephanie M. Rose to 84 months in prison for conspiring to distribute methamphetamine, announced United States Attorney Nicholas A. Klinefeldt. Toledo was also ordered to serve five years of supervised release following imprisonment, and to pay $100 towards the Crime Victim Fund.
On January 8, 2015, Toledo pled guilty to this charge, which was the result of an investigation by law enforcement of drug trafficking that occurred in and around the Southern District of Iowa and the District of Nebraska. Beginning as early as February of 2014, continuing through September of 2014, Toledo conspired with others to distribute methamphetamine in the Southern District of Iowa.
The investigation was conducted by the Southwest Iowa Narcotics Task Force and the Drug Enforcement Administration. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Pottawattamie County Resident Sentenced to 135 Months in Prison for Conspiracy to Distribute MethamphetamineRead the Press Release
COUNCIL BLUFFS, IA - On June 12, 2015, Oscar Arriaga Martinez, a 25 year-old citizen of Mexico who resided in Council Bluffs, Iowa, was sentenced by United States District Court Judge Stephanie M. Rose to 135 months in prison for conspiring to distribute methamphetamine, announced United States Attorney Nicholas A. Klinefeldt. Arriaga Martinez was also ordered to serve five years of supervised release following imprisonment, and to pay $100 towards the Crime Victim Fund.
On January 8, 2015, Arriaga Martinez pled guilty to this charge, which was the result of an investigation by law enforcement of drug trafficking that occurred in and around the Southern District of Iowa and the District of Nebraska. Beginning as early as February of 2014, continuing through September of 2014, Arriaga Martinez conspired with others to distribute over 500 grams of methamphetamine in the Southern District of Iowa.
The investigation was conducted by the Southwest Iowa Narcotics Task Force and the Drug Enforcement Administration. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Page County Resident Sentenced to Five Years of Probation for Conversion of Mortgaged PropertyRead the Press Release
COUNCIL BLUFFS, IA - On June 12, 2015, Gary Matthew Johnston, a 34 year-old resident of Nodaway, Iowa, was sentenced by United States District Court Judge Stephanie M. Rose to five years of probation, and was ordered to pay restitution in the amount of $113,754.20, for converting the proceeds from the sales of approximately 176 head of cattle that were mortgaged by the Farm Service Agency of the United States Department of Agriculture, announced United States Attorney Nicholas A. Klinefeldt.
On March 5, 2015, Johnston pled guilty to the charge of conversion of mortgaged property, which was the result of an investigation by law enforcement after Johnston was involved in multiple sales of collateral at livestock auctions that were not reported to the Farm Service Agency as required.
The investigation was conducted by the United States Department of Agriculture, Office of the Inspector General, and this case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Former Legislative Clerk Indicted for White Powder HoaxRead the Press Release
DES MOINES, IA – Michael Dekota McRae, former legislative clerk in the Iowa Legislature, was arraigned this afternoon on an indictment charging him with false information and hoaxes, in violation of Title 18, United States Code, Section 1038(a)(1), announced United States Attorney Nicholas A. Klinefeldt.
If convicted of this charge, McRae faces up to 5 years imprisonment, up to a $250,000 fine. McRae may also be required to reimburse the state for costs associated with the commission and investigation of this crime.
The charge related to an incident at the Iowa Statehouse on April 3, 2012, where McRae reported opening an envelope containing a written death threat and a quantity of white powder during a public legislative session. McRae’s report resulted in the temporary shutdown of the Iowa legislative session.
The indictment, returned by a Southern District of Iowa grand jury on April 29, 2015, alleges McRae to be the author of the threatening letter. Trial has been scheduled for August 3, 2015.
The public is reminded that an indictment is only an accusation, and the defendant is presumed innocent unless and until proven guilty.
Sex Offenders Sentenced to 390 Months and 240 Months in Federal PrisonRead the Press Release
DES MOINES, IA – On Friday, May 8, 2015, Bradley Shane Jensen, age 42, of Panora, Iowa, was sentenced to 390 months in federal prison by U.S. District Court Judge Stephanie Rose on charges of sexual exploitation of a child and production of child pornography, announced United States Attorney Nicholas A. Klinefeldt. Bradley Jensen’s now-estranged wife, Jennifer Marie Jensen, age 37, who most recently resided in Panora, Guthrie Center, and Ft. Dodge, Iowa, was sentenced by Judge Rose to 240 months in prison for receipt of child pornography.
The Jensens were involved in the production, receipt, and possession of child pornography. The couple jointly produced images of Bradley Jensen sexually abusing a three- month-old baby, and he produced child pornography involving a six-year-old girl, whom they both sexually abused. Testimony at sentencing established the pair sexually abused other minors that they did not photograph.
Bradley Jensen was convicted in 1999 in Dallas County, Iowa, for engaging in lascivious acts with a minor, initially receiving a suspended sentence and two years of probation, before he was briefly incarcerated for a probation violation. He was also convicted in Dallas County, Iowa, in 2000 for failing to register as a sex offender, and was sentenced to two years’ imprisonment, to be served concurrently with his sentence on the probation violation.
This case was a joint federal-state-local effort, investigated by the Guthrie County Sheriff’s Office, the Dallas County Sheriff’s Office, the Iowa Division of Criminal Investigation, the Iowa Internet Crimes Against Children Task Force, the U.S. Marshal’s Service, the Guthrie Center, Iowa, Police Department, the Panora, Iowa, Police Department, and the Regional Child Protection Center at Blank Children’s Hospital in Des Moines.
The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of the U.S. Department of Justice’s "Project Safe Childhood" initiative, which was started in 2006 as a nation-wide effort to combine law enforcement investigations and prosecutions, community action, and public awareness in order to reduce the incidence of sexual exploitation of children.
Any persons having knowledge of a child being sexually abused are encouraged to call the Iowa Sexual Abuse Hotline at 1-800-284-7821.
Pottawattamie County Resident Sentenced to 120 Months in Prison for Conspiracy to Distribute Methamphetamine and 60 Months in Prison for Possession of a Firearm in Furtherance of Drug TraffickingRead the Press Release
COUNCIL BLUFFS, IA - On May 7, 2015, Jeffrey Scott Gibler, a 50 year-old resident of Council Bluffs, Iowa, was sentenced by United States District Court Judge Stephanie M. Rose to 120 months in prison for conspiring to distribute methamphetamine, and 60 months consecutive in prison for carrying and possessing a firearm in relation to and in furtherance of drug trafficking, announced United States Attorney Nicholas A. Klinefeldt. Gibler was also ordered to serve ten years of supervised release following imprisonment, and to pay $200 towards the Crime Victims Fun.
On January 1, 2015, the defendant pled guilty to these charges, which was the result of an investigation by law enforcement of drug trafficking that occurred in Pottawattamie County, Iowa. Beginning as early as March of 2013, continuing through October of 2013, Gibler conspired with others to distribute over approximately two kilograms of methamphetamine in the Southern District of Iowa. Gibler was also found to have carried and possessed a .22 caliber revolver in relation to the methamphetamine distribution.
The investigation was conducted by the Southwest Iowa Narcotics Task Force. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Federal Court Sentences Former Elementary School After-School Coordinator on Charge of Production of Child PornographyRead the Press Release
DAVENPORT, IA- On May 1, 2015, Ian Dishon David Isabel, age 30, formerly of Davenport, Iowa, was sentenced by United States District Court Judge James E. Gritzner to 360 months in prison, after pleading guilty to production of child pornography, announced United States Attorney Nicholas A. Klinefeldt. Isabel was also ordered to serve 10 years of supervised release following his term of imprisonment, and to pay $100 towards the Crime Victims Fund. Isabel will also be required to register as a sex offender.
On April 2, 2014, a custodian at Hayes Elementary School discovered what was later determined to be a hidden camera in the girls’ bathroom. The school principal and the Davenport Police Department were notified of the discovery. Isabel was the coordinator of the Stepping Stones after-school program at Hayes Elementary, and was working during the time the custodian found the hidden device. A search by a Davenport police detective found additional hidden devices in the same bathroom. Isabel became aware of the investigation, and fled from the school, claiming illness. The United States Secret Service, Cyber-Crimes Unit, also became involved in the investigation. Items were seized from a subsequent search of Isabel’s residence and a storage unit. Isabel fled and was later arrested on April 11th at a state park in Adams County, Illinois. Additional items were seized from Isabel’s vehicle. A subsequent forensic examination of the computer equipment and storage devices seized found over 100 separate images of children from Hayes Elementary captured during a time period of December 29, 2013 to April 2, 2014. Images found also showed a subject identifiable as Isabel placing the hidden cameras in the bathrooms.
This case was investigated by the United States Secret Service Cyber-Crimes Task Force, the Davenport, Iowa, Police Department and the Adams County, Illinois Conservation Office. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Earlham Man Sentenced to Prison for Being a Prohibited Person in Possession of FirearmsRead the Press Release
DES MOINES, IA - On April 23, 2015, Cory Lee Daugherty, age 30, of Earlham, Iowa, was sentenced by United States District Judge James E. Gritzner. to 77 months in federal prison for possession of firearms in the Madison county courthouse, announced United States Attorney Nicholas A. Klinefeldt. Daugherty will also be required to serve three years of supervised release following his release from prison. Daugherty’s sentence will run consecutively with his ten years prison sentence in State court for possession of controlled substances, and concurrently with his five year State sentence for escape.
In a written plea agreement filed January 20, 2015, Daugherty admitted that on March 24, 2014, he entered the Madison county courthouse to be sentenced in State court for a drug-related felony, and that after he was sentenced, a Madison county deputy attempted to take him into custody at which time he struggled with the deputy sheriff in the court room. Daugherty pulled a firearm from the deputy sheriff during the struggle and was able to escape from the Madison county courthouse while deputies pursued. A short time later, Daugherty was taken into custody. At the time of his sentencing in State court, Daugherty was a prohibited person who could not possess firearms.
This investigation was conducted by the Madison County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives, and this case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Federal Court Sentences Johnson County Man for Felon in Possession of a FirearmRead the Press Release
DAVENPORT, IA - On April 14, 2015, David Allen Goodwin, age 35, of Johnson County, Iowa, was sentenced by United States District Court Chief Judge John A. Jarvey to 180 months in prison, after pleading guilty to felon in possession of a firearm, announced United States Attorney Nicholas A. Klinefeldt. Goodwin was also ordered to serve three years of supervised release following his imprisonment, forfeit the involved firearm, and pay $100 towards the Crime Victims Fund.
On October 9, 2013, Goodwin was found in possession of a Bushmaster model XM15-E2S, .223 caliber semiautomatic rifle at his Johnson County residence. Goodwin had been previously convicted of a felony, and at sentencing was found to be an armed career criminal as the result of three prior convictions for serious drug offenses and a violent felony.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Iowa Sixth Judicial District Department of Corrections. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of the Project Safe Neighborhood initiative.
Urbandale Man Charged with St.Charles, Iowa RobberyRead the Press Release
DES MOINES, IOWA – Hassam Fayiz Abusharkh, 35, of Urbandale, Iowa, appeared in federal court on a criminal complaint alleging that Abusharkh robbed the Farmers and Merchants State Bank in St. Charles, Iowa, on March 25, 2015. Abusharkh made his initial appearance before United States Chief Magistrate Judge Celeste F. Bremer, who ordered that Abusharkh remain detained pending presentment of his case to a federal grand jury.
The public is reminded that a criminal complaint is merely an accusation, and that Abusharkh is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This case was investigated by the Madison County Sheriff’s Office and the Federal Bureau of Investigation, and is being prosecuted by the United States Attorney’s Office for the Southern District of Iowa. The United States Attorney’s Office does not anticipate making any further statements about this matter at this time.
Federal Court Sentences Davenport Man for Felon in Possession of a FirearmRead the Press Release
DAVENPORT, IA - On April 3, 2015, Ricardo Torres, age 31, of Davenport, Iowa, was sentenced by United States District Court Chief Judge John A. Jarvey to 30 months in prison, announced United States Attorney Nicholas A. Klinefeldt. Torres was also ordered to serve three years of supervised release following the imprisonment, and to pay $100 towards the Crime Victims Fund.
On March 5, 2014, after having been convicted of a felony, Torres possessed four firearms: a Jiminez Arms, J. A. NINE 9mm handgun; a HWM Windicator .38/.357 caliber revolver; a American Tactical GSG-522, .22 caliber rifle; and a Mossberg, Model 500A 12 gauge shotgun. Torres pleaded guilty on October 29, 2014, to the charge of being a felon in possession of a firearm.
This case was investigated by the Davenport, Iowa, Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Des Moines Woman Convicted on Numerous Counts of Defrauding Federal and State Welfare ProgramsRead the Press Release
DES MOINES, IA – On April 2, 2015, Des Moines resident Julia Nguyen, age 48, also known as Loan Nguyen, was convicted on 22 federal felony counts by a jury in the Southern District of Iowa, announced United States Attorney Nicholas A. Klinefeldt.
Nguyen was convicted of attempted immigration fraud, theft of federal government funds, social security fraud, false use of a social security number belonging to another person, aggravated identity theft, making material false statements to the U.S. Department of Housing and Urban Development (HUD), committing health care fraud in relation to the Iowa Consumer Directed Attendant Care (CDAC) program, and mail fraud in connection with the Iowa food assistance program.
"The defendant defrauded the Supplemental Security Income (SSI) program, the federal subsidized housing program, the state rental rebate, food assistance, and consumer directed attendant care programs, and tried to deceive federal immigration officials," explained U.S. Attorney Nick Klinefeldt. "The integrity of these programs is bolstered by the success of federal and state investigators to put an end to Ms. Nguyen’s pervasive effort to illegally reap welfare benefits from them."
The two immigration fraud charges relate to events in 2007. Nguyen tricked a local doctor into completing false immigration documentation for two Vietnamese nationals who were seeking to become U.S. citizens, but had had difficulty passing the language and civics portion of the naturalization process. Although federal officials rejected the paperwork after it was submitted, Nguyen nevertheless tried to convince federal authorities that the applicants were medically unable to pass the exams, and should be granted exemptions.
The theft of government funds and social security fraud convictions stem from Nguyen’s abuse of the SSI program, which provides financial assistance to handicapped and elderly people. Over several years, Nguyen fraudulently obtained over $59,000 of SSI of numerous persons who had left the country and were no longer eligible to receive program benefits. This undisclosed income made her ineligible for the $33,600 of SSI she received from 2010 through 2013.
Nguyen was also convicted of using the name and social security number of a man who years earlier had returned to Vietnam to fraudulently obtain funds from the State of Iowa. Nguyen submitted claims to the state rental reimbursement program asserting he was renting an apartment in Des Moines, and received over $3,600.
The jury also convicted Nguyen of making false statements to HUD in connection with receiving subsidized housing by concealing from the government her true income and assets.
The health care fraud conviction related to a Medicaid-based program designed to keep elderly or physically disadvantaged people out of nursing homes, called consumer directed attendant care. After Nguyen’s doctor certified Nguyen was ineligible for the program, Nguyen altered the doctor’s form to make it appear she needed such care, and submitted it to the State. Nguyen’s application was approved, and one of Nguyen’s daughters was paid by the State to provide such unnecessary care.
The mail fraud conviction covered Nguyen’s abuse of the food assistance program, which is jointly funded by the U.S. Department of Agriculture and the State of Iowa. After an elderly food assistance recipient left Iowa to return to his home country of Vietnam, Nguyen had his food assistance electronic benefits (EBT) card sent to Nguyen’s post office box, and used it for Nguyen’s own benefit for several years. Nguyen had replacement EBT cards and various notices sent by the State in the original recipient’s name to Nguyen’s post office box. Trial evidence showed Nguyen using the original recipient’s EBT card to conduct a $199 transaction at a local Wal-Mart. The program was defrauded of over $10,000.
The sentencing hearing has been scheduled for July 7, 2015.
The case was investigated by the Social Security Administration-Office of Inspector General; Homeland Security Investigations; U.S. Citizenship and Immigration Services; Iowa Department of Inspections and Appeals; the U.S. Department of Housing and Urban Development-Office of Inspector General, and U.S. Postal Inspection Service. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Any persons aware of any similar fraud can report it to the Homeland Security Investigations hotline, 1-866-347-2423.
Iowa City Man Sentenced for Heroin Trafficking OffenseRead the Press Release
DAVENPORT, IA – On March 26, 2015, Antoine Marquet Clemons, age 38, of Iowa City, Iowa, was sentenced by Senior United States District Judge James E. Gritzner for conspiracy to distribute heroin announced United States Attorney Nicholas A. Klinefeldt. Clemons was sentenced to 151 months’ imprisonment, ordered to serve three years’ supervised release following the imprisonment, and to pay $100 towards the Crime Victims Fund.
In November of 2013, law enforcement utilized an undercover agent to make two purchases of approximately half-gram amounts of heroin directly from a subject of interest. On both occasions, immediately before the undercover agent received heroin from the subject, police observed Clemons meet and sell heroin to the subject. Approximately one week after the second transaction, law enforcement executed search warrants for two residences associated with Clemons. At one residence agents located, among other things, 26.5 grams of heroin and indicia of Clemons’ residency. At the other residence, police located $2,648 in U.S. currency (of which $200 was pre-serialized "buy funds" that the undercover agent provided to the other subject moments before the second transaction), digital scales, and indicia for Clemons.
Clemons pleaded guilty on December 19, 2014, to the crime of conspiracy to distribute heroin. Prior to the instant conviction, Clemons’ had seven prior felony drug convictions.
This case was investigated by the Johnson County, Iowa, Drug Task Force, the Iowa Department of Public Safety Division of Narcotics Enforcement, the Iowa City, Iowa, Police Department, and the U.S. Drug Enforcement Administration. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Federal Court Sentences Defendant on Mail Fraud ChargeRead the Press Release
DAVENPORT, IA - On March 27, 2015, Johna Loreen Vandemore, also known as Johna Volger and Johna Ratliff, age 34, was sentenced by United States District Court Judge Stephanie M. Rose to 18 months in prison, after pleading guilty to one count of mail fraud, announced United States Attorney Nicholas A. Klinefeldt. Vandemore was also ordered to serve three years of supervised release following the imprisonment, and to pay $100 towards the Crime Victims Fund. Vandemore was also ordered to pay $95,850 in restitution to the victim.
In 2007, Vandemore was involved in a short-term relationship with the victim, after which she informed him she was pregnant. The victim agreed to provide financial support, however, Vandemore demanded a lump sum or she would take him to court for more. There was no child. The victim agreed to make monthly payments of $1,000 plus all child related monthly expenses. The victim requested a copy of a birth certificate, and Vandemore provided a falsified birth certificate from a non-existent hospital. In order to obtain additional funds from the victim, Vandemore provided a false medical bill purporting to reflect past treatment of the fictitious child. When the victim requested pictures, Vandemore solicited pictures of a family member’s daughter, and forwarded these pictures to the victim misrepresenting them to be her child with the victim. Although Vandemore lived in Maquoketa, she directed the victim to make payments to a post office box in Bettendorf, Iowa. When her husband discovered and questioned her receipt of monthly $1,000 checks, she told him the payments were residual compensation from prior sales made with Herbalife. From August 5, 2007 to October 1, 2013, Vandemore received over 90 separate payments from the victim for a total of $95,850.00.
This case was investigated by the Federal Bureau of Investigations and the Bettendorf, Iowa, Police Department. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.