District of Nebraska
Press releases recorded for this federal judicial district.
Holdrege Man Sentenced to 72 Months for Transporting Child PornographyRead the Press Release
United States Attorney Jan W. Sharp announced that Reynaldo Gonzalez, age 23, of Holdrege, Nebraska, was sentenced today in federal court in Omaha for transportation of child pornography. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Gonzalez to 72 months of imprisonment. There is no parole in the federal system. After completing his term of imprisonment, Gonzalez will begin a 5-year term of supervised release. Gonzalez was also ordered to pay $3,000 in restitution.
Between January and June of 2018, Gonzalez uploaded thirteen videos of child pornography to DropBox. The videos included boys between 6 and 12-years-old. On February 2, 2021, officers obtained Gonzalez’s cell phone and located nineteen images of child pornography. Gonzalez admitted to obtaining child pornography through Kik messenger and DropBox. Officers later located more child pornography on Gonzalez’s DropBox account.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was investigated by Homeland Security Investigations.
Guatemalan Man Sentenced to 12 Months for Identity Theft Involving Employment and Bank FraudRead the Press Release
United States Attorney Jan Sharp announced that Matias Garcia-Paiz, 49, of Guatemala, was sentenced today in federal court in Omaha, Nebraska for Use of an Immigration Document Not Lawfully Issued and for Bank Fraud. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Garcia-Paiz to 12 months’ imprisonment and ordered restitution in the amount of $2,133.64. There is no parole in the federal system. After his release from prison, he will begin a 3-year term of supervised release. Garcia-Paiz will be deported by U.S. immigration authorities after completing his sentence of imprisonment.
On April 14, 2021, investigators received information concerning a complaint of identity theft filed by an out of state victim. The victim reported that his Social Security number was used for employment at Smithfield Foods in Omaha and that his name, date of birth, and Social Security number had also been used at Cobalt Federal Credit Union to obtain a vehicle purchase loan in the amount of $16,522. Investigators obtained the Nebraska Driver’s License number used with the victim’s Social Security for employment at Smithfield Foods.
The Nebraska Department of Motor Vehicles (NEDMV) fraud unit assisted with the investigation by providing photographs of the person to whom the Driver’s License was issued and confirmed that he had used the victim’s name and date of birth. A comparison of the victim’s biographical information with photographs from the NEDMV revealed the individual in the NEDMV photographs was an imposter.
On June 5, 2020, an individual matching Garcia-Paiz’s description provided the same Nebraska Driver’s License as proof of identification to secure a used vehicle purchase loan in the amount of $16,522. Cobalt Federal Credit Union, a federally insured financial institution, approved the loan for the purchase of a 2013 Nissan Murano.
On September 2, 2020, Garcia-Paiz completed a U.S. Citizenship and Immigration Services Form I-9, Employment Eligibility Verification at Express Employment Professionals using the victim’s name, date of birth, and Social Security Number. The form showed that Garcia-Paiz provided the Driver’s License and a Social Security card bearing the victim’s SSN as proof of identity.
On April 30, 2021, investigators arrested Garcia-Paiz upon locating the 2013 Nissan Murano registered under the victim’s name. Following Garcia-Paiz’s arrest investigators captured his fingerprints and photograph for digital comparison and verification of his identity. That comparison matched Garcia-Paiz’s fingerprints to an existing FBI number and state identification card numbers issued in Georgia and Nebraska.
A review of records associated with the identification numbers found that U.S. immigration authorities arrested Garcia-Paiz using his true name on March 9, 1989 at or near Tucson, Arizona. The records further showed that Garcia-Paiz had been deported in 1989.
This case was investigated by Homeland Security Investigations, the Omaha Police Department, and the Nebraska Department of Motor Vehicles.
Grand Jury - January 2022Read the Press Release
United States Attorney Jan W. Sharp announced the federal Grand Jury for the District of Nebraska has returned 13 unsealed Indictments charging 16 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Torey Lee Benson, age 40, of Norfolk, Nebraska, is charged with possession with intent to distribute 500 grams or more of methamphetamine on or about November 27, 2021. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a five-year term of supervised release, and a $100 special assessment.
* Jarrett Turner Chappelear, age 25, of Fremont, Nebraska, is charged in a two-count Indictment. Count I charges Chappelear with distribution of 50 grams or more of methamphetamine (actual) on or about October 29, 2021. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a five-year term of supervised release, and a $100 special assessment. Count II charges Chappelear with possession of a firearm in furtherance of a drug trafficking crime on or about October 29, 2021. The maximum possible penalty if convicted is 5 years’ imprisonment consecutive to Count I, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment.
* Terry L. Dill, age 38, of Grand Island, Nebraska, is charged with failure to register as a sex offender after traveling in interstate commerce on or about September 30, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment.
* Jose Alfredo Ek-Poot, age 49, of San Francisco, California; Esteban Dejesus Huerta Rocha, age 41, of San Francisco, California; and Ricardo Jiminez-Noveno, age 29, are charged with possession with intent to distribute 500 grams or more of methamphetamine on or about November 4, 2021. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a five-year term of supervised release, and a $100 special assessment
* Nicholas J. Franks, age 44, of Council Bluffs, Iowa, is charged in a three-count Indictment. Count I charges Franks with conspiracy to distribute and possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about July 1, 2021 and continuing to on or about December 8, 2021. The maximum possible penalty if convicted is life imprisonment, a $20,000,000 fine, a ten-year term of supervised release, and a $100 special assessment. Count II charges Franks with distribution of 50 grams or more of methamphetamine (actual) on or about October 27, 2021. The maximum possible penalty if convicted is life imprisonment, a $20,000,000 fine, a ten-year term of supervised release, and a $100 special assessment. Count III charges Franks with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about December 8, 2021. The maximum possible penalty if convicted is life imprisonment, a $20,000,000 fine, a ten-year term of supervised release, and a $100 special assessment.
* Erin Leigh Gehrig, age 39, of Alma, Nebraska, is charged with possession of a stolen firearm on or about April 13, 2021 and continuing to on or about May 4, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Melissa Grantski, age 50, of Utica, Nebraska, is charged in a seven-count Indictment. Counts 1-7 charge Grantski with willful failure to pay over tax beginning on or about 2015 and continuing to on or about 2017. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Armando Ibarra, age 48, of Hastings, Nebraska is charged in a four-count Indictment. Count I charges Ibarra with conspiracy to distribute 500 grams or more of methamphetamine on or about August 1, 2019 and continuing to on or about May 26, 2021. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a five-year term of supervised release, and a $100 special assessment. Count II charges Ibarra with aid and abet possession with intent to distribute 500 grams or more of methamphetamine on or about November 15, 2019. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a five-year term of supervised release, and a $100 special assessment. Count III charges Ibarra with distribution of 5 grams or more of methamphetamine (actual) on or about March 30, 2021. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a five-year term of supervised release, and a $100 special assessment. Count IV charges Ibarra with possession with intent to distribute 5 grams or more of methamphetamine (actual) on or about May 19, 2021. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a five-year term of supervised release, and a $100 special assessment.
* Raymond E. McGaugh, age 30, of Omaha, is charged in a two-count Indictment. Count I charges McGaugh with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about June 27, 2021. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a five-year term of supervised release, and a $100 special assessment. Count II charges McGaugh with possession of a firearm in furtherance of a drug trafficking crime on or about June 27, 2021. The maximum possible penalty if convicted is 5 years’ imprisonment consecutive to Count I, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment
* Marco Antonio Mejia, age 46, of Lincoln, Nebraska, is charged with illegal alien in possession of a firearm on or about August 18, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Ruben Pena Avila, is charged with illegal reentry after deportation on or about December 28, 2021. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Luis Miguel Rodriguez-Ponce, is charged with illegal reentry after deportation on or about June 21, 2021. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Amy Shepherd, age 42, of Wichita, Kansas, and Johnny Bradford, II, age 50, of Lancaster, California, are charged in a four-count Indictment. Counts 1-4 charge Shepherd and Bradford with wire fraud beginning on or about 2018 and continuing to on or about 2019. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
Omaha Man Sentenced to 81 Months for Selling a Defaced Gun and Pills Containing MethamphetamineRead the Press Release
United States Attorney Jan Sharp announced that Darrell L. Thompson, 23, of Omaha, Nebraska, was sentenced today in federal court in Omaha for Distribution of Methamphetamine and Carrying a Firearm In Furtherance of a Drug Trafficking Crime. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Thompson to 21 months’ imprisonment for the distribution offense to be followed by imprisonment for 60 months for the firearms crime. There is no parole in the federal system. After his release from prison, he will begin a 3-year term of supervised release.
On November 19, 2019, investigators conducted a controlled purchase of 11.5 “ecstasy” pills from Thompson. A second controlled purchase on December 13, 2019 yielded 9.5 “ecstasy” pills. A final controlled purchase on December 20, 2019 yielded 10 “ecstasy” pills from Thompson, in addition to a defaced firearm, a Cobra FS380 .380 caliber handgun. Laboratory analysis revealed that the “ecstasy” pills obtained from Thompson during each purchase contained methamphetamine. Ecstasy (MDMA) is a wholly different drug of abuse than methamphetamine, although both are derivatives of amphetamine.
At the time of Thompson’s arrest on February 1, 2021, the Grand Jury in the District of Nebraska had already returned an Indictment charging Thompson with offenses relating to the controlled purchases made during the last quarter of 2019. The Indictment was kept under seal until Thompson was located and arrested.
On February 1, 2021, Omaha Police detectives stopped a white, Chevy Impala bearing Iowa license plates for a traffic violation. The traffic violation occurred at N. 35th Street and Redman Avenue in Omaha. A data check of the backseat occupant, Thompson, revealed an active warrant for his arrest stemming from the prior Grand Jury Indictment. Officers removed Thompson and a search of his person revealed two defaced firearms in his waistband.
Investigators then obtained and executed a warrant at defendant’s residence in Omaha. The search yielded three additional firearms, one of which was reported stolen.
This case was part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
This case was investigated by the Omaha Police Department. and the Federal Bureau of Investigation.
Norfolk Woman Sentenced to 71 Months for Possession with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Jan Sharp announced that Lacee Tuttle, age 39, of Norfolk, Nebraska, was sentenced in federal court on January 14, 2022 in Omaha, Nebraska, for possession with intent to distribute methamphetamine. United States District Judge Brian C. Buescher sentenced Tuttle to 71 months of imprisonment. There is no parole in the federal system. After completing her term of imprisonment, Tuttle will begin a 3-year term of supervised release.
On July 14, 2019, Tuttle possessed about 13 grams of methamphetamine at the Ohiya casino in Niobrara, Nebraska, which is within the Santee Indian Reservation. After Tuttle entered the casino, she dropped two baggies of methamphetamine on the floor. Officers responded and made contact with Tuttle. When confronted by officers, Tuttle threw two drug pipes in the trash. Officers searched Tuttle’s vehicle in the parking lot and located more baggies of methamphetamine, oxycodone, alprazolam, lorazepam, and methylphenidate. Tuttle was arrested at the scene and later released. Tuttle intended to distribute methamphetamine that she possessed at the casino.
On October 22, 2019, officers made contact with Tuttle in a parking lot in Norfolk. She had an active arrest warrant. When arresting her, Tuttle dropped a plastic baggie with methamphetamine. On her person was a glass pipe containing methamphetamine residue. In her purse was methamphetamine, a scale, small empty baggies, and marijuana. In total, she possessed about 7 grams of methamphetamine. Tuttle was again arrested. Tuttle intended to distribute the methamphetamine.
The case was investigated by the Drug Enforcement Administration, Nebraska State Patrol, the Santee Police Department, and the Norfolk Police Department.
Wallace Man Sentenced to 30 Years for Producing Child PornographyRead the Press Release
United States Attorney Jan Sharp announced that Richard L. Moore, 67, formerly of Wallace, Nebraska, was sentenced on January 13, 2022 in Lincoln, Nebraska, by United States District Judge John M. Gerrard for production of child pornography. Moore was sentenced to 360 months in prison and will also spend the remainder of his life on supervised release after that period of incarceration. There is no parole in the federal system. After serving his prison sentence, Moore will also be required to register as a sex offender. Additionally, Moore was ordered to pay restitution of more than $100,000. The federal sentence was ordered to run concurrent with the 25- to 35-year sentence previously imposed by the Lincoln County District Court for his state conviction.
In October, 2019, a report was received by the Lincoln County Sheriff’s Office that Moore had engaged in and produced images of sexually explicit conduct involving two minor children. The children had reported the abuse to their parents. Subsequent interviews with the minor children confirmed the sexual conduct had occurred and Moore was identified as the perpetrator.
On October 18, 2019, the Perkins County Sheriff and members of the Lincoln County Sheriff's Office served a search warrant at Moore’s residence. During the search warrant, law enforcement found multiple devices used to reproduce both video and digital images; 5 monitors connected to a single system; at least 5 external hard drives with a total capacity of 36 terabytes; and a substantial collection of VHS and digitally stored pornography. Forensic examination determined a minimum of 48,000 images and 84 videos of child pornography found on the computers and storage media located at the defendant’s residence. The sheer volume of the data located at Moore’s residence renders a more accurate count virtually impossible.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
This case was investigated by the Lincoln County Sheriff’s Office, Perkins County Sheriff’s Office and the Federal Bureau of Investigation.
Omaha Railcar Cleaning Company and its Owners Sentenced for Violating Environmental and Worker Safety Laws Resulting in Workers’ 2015 DeathsRead the Press Release
Steven Michael Braithwaite, Adam Thomas Braithwaite and their company Nebraska Railcar Cleaning Services LLC (NRCS) were sentenced today in Omaha, Nebraska, for willful violations of worker safety standards that resulted in two worker deaths, knowing violations of the Resource Conservation and Recovery Act (RCRA) involving hazardous waste and knowing endangerment to others, knowing submission of false documents to the Occupational Safety and Health Administration (OSHA) and perjury. Steven Braithwaite will serve 30 months in prison and pay $100,000 in restitution for his role in the offenses. Adam Braithwaite will serve one year and one day in prison and pay $100,000 in restitution. In addition, NRCS and the individual defendants must serve five years of probation and pay a $21,000 fine.
According to court documents, on April 14, 2015, NRCS workers were inside and on top of a rail tanker car, removing petroleum residue from inside the tank, when flammable gases in the tanker car ignited and exploded. Two workers died and another was injured in the blast. NRCS took the job after receiving an inquiry from one of its customers in January 2015. The inquiry included a Safety Data Sheet (SDS) for the product in the railcar, describing it as “natural gasoline” with a “severe” class four flammability rating (the highest rating). The SDS went on to indicate that the natural gasoline would ignite at zero degrees Fahrenheit and that it contained benzene, a “cancer hazard.”
Despite no test for benzene and an unacceptably high explosive gas level test at the beginning of the job, NRCS sent two of its employees into the tanker car. The employees began removing the toxic, ignitable residue, with a third employee helping from outside. The third employee pulled bucket loads of waste up through the top hatch and dumped them into a regular dumpster to be taken to a municipal landfill, even though the residue was hazardous waste. Approximately one hour after the cleaning began, a spark caused the deadly explosion.
Steven Braithwaite was the president and majority owner of NRCS and was responsible for all phases of the business, including both environmental and worker safety issues. Adam Braithwaite was the vice president and a minority owner of NRCS. He too handled both environmental and worker safety issues.
As the defendants admitted in their plea agreements, prior to the explosion, OSHA officials conducted regulatory inspections of NRCS, and cited NRCS and its principals for violating OSHA safety regulations concerning confined space entries. Rail tanker cars are “confined spaces” under the Occupational Safety and Health Act. Confined spaces are dangerous because they may be filled with toxic, explosive, or unbreathable gases, among other reasons. After an inspection of NRCS, Steven Braithwaite entered into a Feb. 5, 2015, written agreement in which he represented that NRCS had been testing for benzene since July 2014. That was a lie. OSHA returned to NRCS in March 2015 to conduct a follow-up inspection, but Steven Braithwaite turned away the inspectors. Afterwards, Adam Braithwaite submitted falsified documents to OSHA purporting to show that NRCS had been purchasing equipment to test the contents of railcars for benzene and had taken other required safety precautions. NRCS had not been taking those steps. Adam Braithwaite also falsely testified under oath in an OSHA hearing that NRCS had been purchasing the benzene testing equipment.
Although they knew what was required, the defendants failed to implement worker safety standards, mishandled hazardous wastes violating the RCRA, and knowingly submitted false documents to OSHA during inspections as a cover up. Their decisions led to the deaths of two of their workers. On July 12, Steven Braithwaite pleaded guilty to counts 2-4 of the indictment. Adam Braithwaite pleaded guilty to counts 2-3, 8-9, 22. NRCS pleaded guilty to counts 1-21.
“Every worker, including every worker doing a dangerous job, has a right to a safe workplace,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Tragically, two workers suffered preventable deaths at Nebraska Railcar Cleaning Services because of the defendants’ failure to follow the law. Today’s sentences provide a measure of justice for them and their families.”
“Violations of worker safety and environmental standards are sometimes belittled as merely regulatory crimes, but this case demonstrates how much those regulations do matter,” said U.S. Attorney Jan W. Sharp of the District of Nebraska. “If the defendants had followed regulations they were well aware of, no one would have been inside a rail tanker with toxic gases at explosive concentrations. If they had followed regulations, buckets of hazardous waste would not have been dumped in regular dumpsters. If they had followed regulations, two men would have gone home at the end of their workdays.”
“The defendants’ decision to ignore environmental and worker safety regulations led to the tragic death of two workers,” said Acting Assistant Administrator Larry Starfield for the Environmental Protection Agency (EPA)’s Office of Enforcement and Compliance Assurance. “Today’s sentencings send a clear message that individuals who intentionally violate these laws will be held responsible for their crimes.”
“Steven and Adam Braithwaite disregarded Occupational Safety and Health Administration (OSHA) regulations, ignored safety protocols, and provided false information to OSHA, which resulted in the tragic loss of two lives,” said Special Agent-in-Charge Steven Grell of the Department of Labor’s Office of Inspector General Dallas Region, which includes Nebraska. “We will continue to work with OSHA and our law enforcement partners to hold accountable those who obstruct Department of Labor agencies from fulfilling their missions.”
“Steven and Adam Braithwaite chose to protect themselves by providing false documentation to OSHA after the death of two employees, making it appear they had followed safety requirements, but in fact, willfully ignored warnings indicating a risk of explosion and sent these two men into a deadly situation,” said Regional Solicitor Christine Heri of the U.S. Department of Labor- Chicago. “The Department of Labor is committed to bring justice to the families of these workers and to hold employers responsible to their legal obligation to protect workers on the job.”
The case was investigated by the EPA’s Criminal Investigation Division and the Department of Labor’s Office of Inspector General. Senior Counsel Krishna S. Dighe of the Department of Justice, Environmental Crimes Section and Assistant U.S. Attorney Donald J. Kleine of the District of Nebraska are prosecuting the case.
Omaha Man Sentenced to 96 Months for Receipt of Child PornographyRead the Press Release
United States Attorney Jan Sharp announced that John Dethlefs, age 54, of Omaha, Nebraska, was sentenced today in federal court in Omaha for receipt of child pornography. United States District Judge Brian C. Buescher sentenced Dethlefs to 96 months of imprisonment. There is no parole in the federal system. After completing his term of imprisonment, Dethlefs will begin a 10-year term of supervised release. Dethlefs was also ordered to pay $12,000 in restitution and a $5,000 special assessment.
On February 24, 2019, Dethlefs uploaded an image of child pornography to Microsoft Bing’s search function. Dethlefs was trying to locate child pornography on the internet. On August 13, 2019, officers executed a search warrant at Dethlefs’s Omaha residence. Officers obtained Dethlefs’s computer which contained about 1,900 images of child pornography. The child pornography included children ages 2 to 16-years-old. Five of the images included bondage and one image included bestiality. Dethlefs admitted to possessing child pornography.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was investigated by the Omaha Police Department and the Federal Bureau of Investigation.
Man Sentenced for Meth and Firearm PossessionRead the Press Release
United States Attorney Jan Sharp announced that Oscar Garfio-Zapien, 29, a citizen of Mexico, was sentenced today in Lincoln, Nebraska, by United States District Judge John M. Gerrard to more than 12 years in prison for possession of methamphetamine, with intent to distribute and another 5 years for possessing a firearm in furtherance of drug trafficking. Garfio-Zapien will be required to serve 5 years of supervision upon his release. There is no parole in the federal system.
On or about November 5, 2020, Garfio-Zapien was stopped in Hamilton County by a Nebraska State Patrolman for speeding along Interstate 80. Garfio-Zapien consented to a search of his rental vehicle. During the search, the trooper found a suitcase in the rear cargo area of the rental containing 13 packages of methamphetamine. In the center console, the trooper found a loaded Springfield XD 9 mm handgun. In a backpack located on the front passenger seat within reach of defendant, the trooper found eight packages of methamphetamine weighing approximately 1.5 pounds in total, a loaded Smith & Wesson .38 caliber revolver, and 33 rounds of .380 ammunition. The total weight of all the methamphetamine in the car was about 14.5 pounds.
This case was investigated by the Nebraska State Patrol and the Central Nebraska Drug and Safe Streets Task Force.
Omaha Woman Sentenced to 10 Years’ Imprisonment for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Jan Sharp announced that Natasha Wolterman, 40, of Omaha, Nebraska, was sentenced today in federal court in Omaha for Conspiracy to Possess with Intent to Distribute Methamphetamine. United States District Court Judge Brian C. Buescher sentenced Wolterman to 10 years’ imprisonment. There is no parole in the federal system. After completing her term of imprisonment, Wolterman will be required to serve a 5-year term of supervised release.
On June 5, 2019, Omaha Police detectives utilized a cooperating witness to collect drug proceeds from several methamphetamine suppliers inside of an Omaha hotel. Officers placed a video and audio recording device in the cooperator’s hotel room that captured the delivery of drug proceeds by Wolterman, who delivered $1,600 to the cooperator while discussing her drug trafficking. The cooperator had previously supplied Wolterman with 2 pounds of methamphetamine.
Another cooperating witness was arrested on June 7, 2019 after he was found in possession of methamphetamine and a gun outside of an Omaha hotel. Prior to his arrest, the cooperator was seen riding in a car with Wolterman, who was released prior to an inventory search of the car. More than 5 grams of actual methamphetamine were found in a woman’s purse inside of the car. During an interview with the cooperator, he described Wolterman as dealing in pound quantities of methamphetamine.
This case was investigated by the Omaha Police Department.
Omaha Man Convicted of Attempted Enticement of a MinorRead the Press Release
United States Attorney Jan Sharp announced that Nathaniel S. Theisen, 36, of Omaha, Nebraska, was sentenced today in federal court in Omaha for Attempted Enticement of a Minor. United States District Judge Brian C. Buescher sentenced Theisen to 120 months’ imprisonment. There is no parole in the federal system. After his release from prison, he will begin a 10-year term of supervised release. Judge Buescher ordered Theisen to pay a $2,500 fine and a $5,000 JVTA assessment. Theisen will also be required to register as a sex offender when he completes his sentence of imprisonment.
In late August 2020, Theisen responded to an online prostitution advertisement by texting the phone number listed in the ad. An undercover law enforcement officer purporting to be a 15-year-old female responded to Theisen’s texts. Theisen arranged to meet the 15-year-old female on February 2, 2021 at the girl’s apartment building in Omaha, offering to pay the female $200 for two hours of her time, during which the girl was expected to perform sexual acts with Theisen. Theisen was arrested when he arrived at the apartment building.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Omaha FBI's Child Exploitation and Human Trafficking Task Force and the Douglas County Sheriff’s Office.
Mexican Man Sentenced for Long-Term Use of Deceased Man’s Identity and Social Security NumberRead the Press Release
United States Attorney Jan Sharp announced that Carlos Robleto-Martinez, 75, was sentenced today in federal court in Omaha, Nebraska, for false use of a Social Security number. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Robleto-Martinez to a term of imprisonment of time served. Robleto-Martinez had been in custody for approximately 7 months at the time of sentencing. There is no parole in the federal system. Robleto-Martinez will now be deported by U.S. immigration authorities.
In January of 2021, the State of Nebraska Department of Labor (DOL) contacted the Nebraska Department of Motor Vehicles Fraud Unit (DMVFU) about a person living in Schuyler, Nebraska using the identity of a deceased person who resided in Texas.
The Social Security Administration, Office of Inspector General (SSA/OIG) confirmed that the Social Security number used by the subject belonged to the decedent. Investigators interviewed Robleto-Martinez who claimed it was an error and presented a State of Texas birth certificate and a Social Security card bearing the decedent’s name and Social Security number. Investigators also obtained the defendant’s fingerprints.
DMVFU determined that Robleto-Martinez used the decedent’s name and Social Security number to renew a Nebraska Driver’s License on June 22, 2020, and on June 4, 2015.
Investigators were able to match Robleto-Martinez’s fingerprints to those from an immigration database, enabling them to determine his true identity and immigration history. According to the records they obtained, Robleto-Martinez presented himself using his true name while entering the United States through the Atlanta airport in 1998. At that time, Robleto-Martinez presented a fraudulent I-551 (Lawful Permanent Resident card) bearing the photo of another person, was denied entry into the United States, and was returned to Mexico.
This case was investigated by the Nebraska Department of Motor Vehicles Fraud Unit, the Social Security Administration Office of Inspector General, and the U.S. Department of Homeland Security, Homeland Security Investigations.
Former Hastings Insurance Agent Sentenced for Mail FraudRead the Press Release
United States Attorney Jan Sharp announced that Codie D. Malesker, age 47, of Hastings, Nebraska, was sentenced today in Lincoln, Nebraska, by United States District Judge John M. Gerrard to five years’ probation for Mail Fraud. As part of his probation, Malesker will have to serve 15 weekends in jail, and he was ordered to pay $63,443.77 in restitution.
Malesker was an insurance agent with Midwest Regional Agency since July 15, 2013 and he operated Malesker Agency, LLC in Hastings. Malesker also served as a pastor and board member at Faith Community Tabernacle in Hastings. Malesker was also a partner in a construction company, Shaun Peck Family Construction, LLC. Malesker’s responsibilities with Shaun Peck Family Construction, LLC were to manage the financial management of the company. As a result of this position, Malesker had access to the bank account of the construction company, retained possession of the checks and debit cards for the company, as well as having access to an Intuit account to generate estimates with the company letterhead.
Over a roughly four-year period, Malesker issued policies to himself, his insurance agency, and Faith Community Tabernacle and then made fraudulent claims against those policies and would divert those proceeds to accounts controlled by himself. As a result of this scheme to defraud, Malesker caused an actual loss of $76,296.48. In one such instance, Malesker filed a theft loss claim against his Continental Western Insurance Group policy reporting $13,388 in premium cash and $18,723.11 in personal property as being stolen from the Malesker Agency Office. In support of this claim, Malesker submitted fraudulent receipts and bank records. As a result of this fraudulent claim, Continental Western Insurance Group mailed two claims checks totaling $31,648.77 from Des Moines, Iowa to Malesker in Hastings.
This case was investigated by the Nebraska Department of Insurance and the United States Postal Inspection Service.
Indiana Man Sentenced for Sexual Offense Onboard Commercial AircraftRead the Press Release
United States Attorney Jan Sharp announced that Ian Wagner, 39, formerly of New Haven, Indiana, was sentenced today in Lincoln, Nebraska, by United States District Judge John M. Gerrard for abusive sexual contact of an incapacitated person. Wagner was sentenced to 1 year and 6 months in prison and 6 years of supervised release with special conditions. Wagner was additionally ordered to pay $500 in restitution to the victim. There is no parole in the federal system.
On October 6, 2017, Wagner was on board a domestic flight from Indianapolis, Indiana to Denver, Colorado. Wagner was seated next to an 18-year-old woman. During the flight, the woman fell asleep and later awoke to Wagner rubbing her inner thigh with his hand. At some point a while later, the victim took a photograph of Wagner. The geolocation data associated with the photograph indicated that the plane was flying over Hastings, Nebraska.
The victim then left her seat, sought refuge in the airplane’s lavatory, but eventually returned because she believed the flight was full and no other seats would be available. After retaking her seat, she observed that Wagner had placed a jacket over his lap and his hand appeared to be moving up and down under the jacket. Wagner made eye contact with the victim and lifted his jacket to reveal his exposed penis. For over five minutes, Wagner masturbated while staring at the victim. Frightened and troubled by the incident, the victim lodged a complaint with the airline two days later and with criminal authorities in the following weeks.
This case was investigated by the Federal Bureau of Investigation.
Kearney Woman Sentenced for Possession with the Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Jan Sharp announced that Nicole T. Beattie, 29, of Kearney, Nebraska, was sentenced today in federal court in Lincoln for possession with the intent to distribute 50 grams or more of actual methamphetamine and 50 grams or more of methamphetamine mixture. United States District Judge John M. Gerrard sentenced Beattie to 151 months in prison followed by a 5-year term of supervised release. There is no parole in the federal system.
On October 29, 2020, law enforcement executed a search warrant of Beattie’s residence in Kearney. Law enforcement found Beattie and two others in a room with suspected methamphetamine, a firearm, and drug paraphernalia. Law enforcement also found a case containing two bags of suspected methamphetamine in the residence. A lab confirmed that the substance in those bags was in fact about 381 grams of methamphetamine, of which at least 338 grams was actual methamphetamine.
This case was investigated by the Central Nebraska Drug/Safe Streets Task Force.
Man Sentenced for Delivering Meth for Mexico-based SupplierRead the Press Release
Acting United States Attorney Jan Sharp announced that Eliseo Barrera-Peraza, 50, was sentenced today in federal court in Omaha, Nebraska, for conspiracy to distribute and possess with intent to distribute methamphetamine. United States District Judge Brian C. Buescher sentenced Barrera-Peraza to 78 months’ imprisonment. There is no parole in the federal system. After his release from prison, he will begin a 5-year term of supervised release. Barrera-Peraza will be deported by U.S. immigration authorities when he completes his sentence to imprisonment.
On November 10, 2020, a DEA undercover agent posing as a customer contacted a known Mexico-based narcotics source of supply to order for purchase one pound of methamphetamine. The agent and the Mexican source of supply agreed that a local party would meet the customer at a business in Omaha to complete the sale and agreed that the customer would pay $4,300 for the pound. As planned, they met and completed the transaction on November 17, 2020.
Investigators were subsequently able to identify Barrera-Peraza as the person who met and provided the methamphetamine to the undercover agent. Investigators also linked Barrera-Peraza to a prior purchase of methamphetamine on August 7, 2019, by an undercover Omaha Police Department officer. Barrera-Peraza delivered the methamphetamine in the earlier case just as he did in November 2020.
This case was investigated by the Drug Enforcement Administration, Omaha Field Division, Omaha Police Department and Nebraska State Patrol.
Omaha Woman Sentenced to 11 Years’ Imprisonment for Conspiracy to Distribute MethamphetamineRead the Press Release
Acting United States Attorney Jan Sharp announced Rachel McCluskey, age 46, of Omaha, Nebraska, was sentenced today in federal court in Omaha, for Conspiracy to Possess with Intent to Distribute Methamphetamine. Chief United States District Court Judge Robert F. Rossiter, Jr. sentenced McCluskey to 11 years’ imprisonment. After completing her term of imprisonment, McCluskey will be required to serve a 4-year term of supervised release as there is no parole in the federal system.
On July 16, 2020, Omaha Police Investigators received information that McCluskey was actively involved in distributing methamphetamine out of her Omaha apartment. That same day officers obtained and executed a search warrant on her apartment and found 173 grams of actual methamphetamine, a digital scale, drug packaging, phones, and $5,010 in United States currency.
A search of her phones revealed messages from her methamphetamine source confirming her involvement in a conspiracy to distribute methamphetamine.
This case was investigated by the Omaha Police Department.
California Man Sentenced for Possessing with Intent to Distribute Methamphetamine, Cocaine, and MarijuanaRead the Press Release
Acting United States Attorney Jan Sharp announced that Lawrence Henderson, 52, of Stockton, California, was sentenced today in federal court in Omaha, Nebraska, for possessing with intent to distribute 500 grams or more of methamphetamine, 5 kilograms or more of cocaine, and marijuana. Senior United States District Judge Joseph F. Bataillon sentenced Henderson to 60 months’ imprisonment. There is no parole in the federal system. After his release from prison, he will begin a three-year term of supervised release.
On August 28, 2018, law enforcement stopped a tractor semi-trailer for a vehicle violation of no front plate in Hall County, Nebraska. Upon contact with the occupants, the trooper had indicators of criminal activity and asked for consent to search the vehicle. Consent was granted for the trailer but not for the truck. A K9 was requested, and upon arrival and deployment, indicated to the odor of narcotics coming from the vehicle. The trooper located eight total bags, with four bags containing vacuum sealed bags of marijuana with a total weight of approximately 94.6 lbs., 3 bags that had 36 pounds of methamphetamine and 51 pounds of cocaine.
This case was investigated by the Nebraska State Patrol.
Omaha Man Selling Methamphetamine from Mother’s Basement Sentenced to 144 MonthsRead the Press Release
Acting United States Attorney Jan Sharp announced that Kenneth Becker, age 51, was sentenced in federal court on Thursday, December 16, 2021, in Omaha, Nebraska, for possession with intent to distribute methamphetamine. Senior United States District Court Judge Joseph F. Bataillon sentenced Becker to 144 months’ imprisonment. There is no parole in the federal system. After completing his term of imprisonment, Becker will begin a 5-year term of supervised release.
On January 15, 2020, Becker sold a confidential informant two ounces of methamphetamine from his mother’s basement. Within hours, officers executed a search warrant at his mother’s residence and located more than 370 grams of actual methamphetamine, $3,833 in cash, drug packaging materials, a drug ledger, a drug scale, oxycodone pills, and drug paraphernalia in the basement where Becker resided. Officers interviewed Becker who admitted to being a drug dealer. Becker’s criminal history dates back to the 1990s and contains several convictions for drug-related and violent offenses.
The case was investigated by the Omaha Police Department.
Winnebago Man Convicted of ManslaughterRead the Press Release
Acting United States Attorney Jan Sharp announced that a federal jury in the District of Nebraska found Jonathan D. Rooney, of Winnebago, Nebraska, guilty of manslaughter and destruction of evidence. Rooney, 27, killed Kozee Decorah, 22, and then burned her body and other evidence at an abandoned cabin on the Winnebago Indian Reservation.
On May 16, 2020, Decorah called the Winnebago Police Department to report that the vehicle that she, Rooney, and their infant son were using was stuck in the mud in a remote area of the Winnebago Reservation. When Winnebago Conservation Officers located the vehicle, they were unable to locate Decorah, Rooney, or their baby. The officers noticed a fire near midnight in the outhouse of a remote cabin. Rooney was found in the cabin naked in a bed with his clothes missing. The baby was with him. Blood droplets were observed in the cabin. Human remains in the form of a skull were found in the fire. Decorah was identified through dental records.
Chief United States District Judge Robert F. Rossiter, Jr. ordered a presentence investigation report. Rooney will be sentenced on March 11, 2022 at 11:00 a.m.
This case was investigated by the Federal Bureau of Investigation, Winnebago Police Department, the Winnebago Conservation Office, Winnebago Volunteer Firefighters, and the Nebraska State Fire Marshal.
Grand Jury - December 2021Read the Press Release
Acting United States Attorney Jan W. Sharp announced the federal Grand Jury for the District of Nebraska has returned 19 unsealed Indictments charging 21 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Alejandro Alvarado, age 23, of Lincoln, Nebraska, is charged with felon in possession of a firearm on or about November 10, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Kalem L. Barber, age 23, is charged in a two-count Indictment. Count I charges Barber with distributing explosive materials by a non-licensee on or about September 1, 2021 and continuing through December 2, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges Barber with unlawful distribution of explosive materials to a minor on or about September 1, 2021 and continuing through December 2, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Kenneth W. Blair, III, age 41, of Lincoln, Nebraska, is charged in a four-count Indictment. Count I charges Blair with possession with intent to distribute 500 grams or more of methamphetamine on or about November 18, 2021. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a five-year term of supervised release, and a $100 special assessment. Count II charges Blair with possession of a firearm in furtherance of a drug trafficking crime on or about November 18, 2021. The maximum possible penalty if convicted is 5 years’ imprisonment consecutive to Count I, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment. Count III charges Blair with felon in possession of a firearm on or about November 18, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count IV charges Blair with distribution of 500 grams or more of methamphetamine on or about November 11, 2021. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a five-year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency seized on or about November 18, 2021.
* Racheal A. Cain, age 34, of Omaha, and Andrew M. Sackett, age 57, of Omaha, are charged in a five-count Indictment. Count I charges Cain and Sackett with conspiracy to distribute and possession with intent to distribute 50 grams or more of methamphetamine on or about September 23, 2021. The maximum possible penalty if convicted is 40 years’ imprisonment, a $5,000,000 fine, a four-year term of supervised release, and a $100 special assessment. Count II charges both with possession with intent to distribute 50 grams or more of methamphetamine on or about September 23, 2021. The maximum possible penalty if convicted is 40 years’ imprisonment, a $5,000,000 fine, a four-year term of supervised release, and a $100 special assessment. Count III charges both with possession of a firearm in furtherance of a drug trafficking crime on or about September 23, 2021. The maximum possible penalty if convicted is at least 5 years’ imprisonment consecutive to Counts I and II, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment. Count IV charges Cain with felon in possession of a firearm on or about September 23, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment. Count V charges Sackett with felon in possession of a firearm on or about September 23, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency seized on or about September 23, 2021.
* James Ferman Chatman, age 42, is charged in a six-count Indictment. Count I charges Chatman with sex trafficking of a minor or by force, fraud, or coercion on or about September 21, 2021 and continuing to on or about September 25, 2021. The maximum possible penalty if convicted is life imprisonment, a $250,000 fine, a life term of supervised release, a $100 special assessment, and a $5,000 additional special assessment. Count II charges Chatman with sex trafficking of a minor or by force-financial benefit on or about September 21, 2021 and continuing to on or about September 25, 2021. The maximum possible penalty if convicted is life imprisonment, a $250,000 fine, a life term of supervised release, a $100 special assessment, and a $5,000 additional special assessment. Count III charges Chatman with sex trafficking by force, fraud, or coercion on or about November 6, 2021 and continuing to on or about November 21, 2021. The maximum possible penalty if convicted is life imprisonment, a $250,000 fine, a life term of supervised release, a $100 special assessment, and a $5,000 additional special assessment. Count IV charges Chatman with sex trafficking by force-financial benefit on or about November 6, 2021 and continuing to on or about November 21, 2021. The maximum possible penalty if convicted is life imprisonment, a $250,000 fine, a life term of supervised release, a $100 special assessment, and a $5,000 additional special assessment. Count V charges Chatman with offense against a minor while required to register as a sex offender on or about September 21, 2021 and continuing to on or about September 25, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, to run consecutive to count I. Count VI charges Chatman with offense against a minor while required to register as a sex offender on or about September 21, 2021 and continuing to on or about September 25, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, to run consecutive to count II. There is also an allegation to forfeit United States currency seized on or about September 25, 2021.
* Misael Flores Trejo, age 39, is charged with reentry of a removed alien after an aggravated felony on or about December 3, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Miguel Garcia-Reynoso, age 35, is charged with illegal reentry after deportation on or about August 7, 2019 and continuing through on or about November 22, 2021. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Alejandro Garcia-Ojeda, age 29, is charged with illegal reentry after deportation on or about November 17, 2021. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Ana Gomez-Tino, age 25, is charged in a two-count Indictment. Count I charges Gomez-Tino with use of an identification document not lawfully issued on or about December 31, 2018. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges her with misuse of a social security number on or about December 31, 2018. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Sheri Ann Griego, age 40, of Thornton, Colorado, and Daniel M. Gutirez, age 41, of Aurora, Colorado, are charged in a three-count Indictment. Count I charges Griego and Gutirez with possession with intent to distribute 50 grams or more of methamphetamine on or about December 1, 2021. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a five-year term of supervised release, and a $100 special assessment. Count II charges Griego with possession of a firearm in furtherance of a drug trafficking crime on or about December 1, 2021. The maximum possible penalty if convicted is life imprisonment consecutive to Count I, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment. Count III charges Gutirez with possession of a firearm in furtherance of a drug trafficking crime on or about December 1, 2021. The maximum possible penalty if convicted is life imprisonment consecutive to Count I, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment.
* Dagoberto Jimenez-Gonzalez, age 47, is charged with illegal reentry after deportation on or about December 6, 2021. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Spencer Lile, age 42, of Exeter, Nebraska, is charged in a two-count Indictment. Count I charges Lile with receipt of child pornography between on or about October 24, 2018 and continuing to on or about August 4, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a life term of supervised release, a $100 special assessment, and a $40,000 additional special assessment. Count II charges Lile with possession of child pornography on or about August 4, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a life term of supervised release, a $100 special assessment, and a $22,000 additional special assessment.
* Marco Polo Lizarraga-Almaral, age 44, is charged with possession with intent to distribute 500 grams or more of cocaine on or about September 16, 2021. The maximum possible penalty if convicted is 40 years’ imprisonment, a 5,000,000 fine, a four-year term of supervised release, and a $100 special assessment.
* Kyle Moore, age 30, of Omaha, is charged in a two-count Indictment. Count I charges Moore with felon in possession of ammunition on or about November 28, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges him with possession of ammunition following a misdemeanor crime of domestic violence on or about November 28, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Claude Parker, age 28, of Omaha, is charged with felon in possession of ammunition on or about October 27, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Jose Sanchez Escamilla a/k/a Antonio Ramirez-Sanchez, age 37, is charged with illegal reentry after deportation on or about November 30, 2021. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Jean Thomas, age 55, of Gering, Nebraska, is charged in a six-count Indictment. Counts I through VI charge Thomas with theft of US Mail by Postal Employee on or about April 22, 2021 and continuing through August 7, 2021. The maximum possible penalty if convicted for each count is 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Michael Eugene West, age 39, is charged with possession with intent to distribute 5 grams or more of methamphetamine (actual) on or about July 25, 2021. The maximum possible penalty if convicted is 40 years’ imprisonment, a $5,000,000 fine, a four-year term of supervised release, and a $100 special assessment.
* Kylah Whiting, age 19, of Winner, South Dakota, is charged in a two-count Indictment. Count I charges Whiting with possession with intent to distribute 50 grams or more of methamphetamine (actual) and possession with intent to distribute 50 grams or more of methamphetamine (mixture) on or about October 17, 2021. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a five-year term of supervised release, and a $100 special assessment. Count II charges the defendant with use of a firearm in furtherance of a drug trafficking crime on or about October 17, 2021. The maximum possible penalty if convicted is life imprisonment consecutive to Count I, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
Omaha Woman Sentenced for Trafficking in Counterfeit GoodsRead the Press Release
Acting United States Attorney Jan Sharp announced that Paw Moo, age 29, of Omaha, Nebraska, was sentenced on December 10, 2021 in federal court in Omaha for trafficking in counterfeit goods. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Moo to probation for a term of three years.
In February 2021, U.S. Customs and Border Protection in Anchorage, Alaska, seized a shipment of counterfeit designer purses destined for Moo’s residence in Omaha, Nebraska. On March 23, 2021, Homeland Security Investigations (HSI), using an undercover officer, executed a controlled delivery of the seized package to Moo’s residence in Omaha. Moo accepted the package and HSI agents executed a search of her residence where numerous items with counterfeit marks were located. The items were handbags, clothes, blankets, phone cases, belts and a wallet from brands to include Louis Vuitton, Chanel, Gucci, Yves St. Laurent, Michael Kors, Coach and Nike. The total manufacturers’ suggested retail price of the seized merchandise exceeded $118,000.
Moo stated she began to sell items online from her residence in the beginning of March 2020 and began selling counterfeit items in the Fall of 2020, a timeframe that was consistent with her importation history.
This case was investigated by Homeland Security Investigations.
Plattsmouth Man Sentenced to 66 Months for Transportation of Child PornographyRead the Press Release
Acting United States Attorney Jan Sharp announced that Jeffrey Fox, age 51, of Plattsmouth, Nebraska, was sentenced today in federal court in Omaha, Nebraska, for transportation of child pornography. United States District Judge Brian C. Buescher sentenced Fox to 66 months of imprisonment and a $20,000 fine. There is no parole in the federal system. After completing his term of imprisonment, Fox will begin a 5-year term of supervised release.
On October 21, 2018, Fox uploaded fifteen images of child pornography to his Yahoo account. On January 7, 2019, agents executed a search warrant on the Yahoo account and located ten instances between October 26, 2017, and January 22, 2018, in which Fox uploaded child pornography to the account. Agents later spoke with Fox and he admitted to sending child pornography to the account.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was investigated by the Douglas County Sheriff’s Office and the Federal Bureau of Investigation.
Mexican Man Sentenced to 200 Months for Possessing with Intent to Distribute MethamphetamineRead the Press Release
Acting United States Attorney Jan Sharp announced that Roberto Luna-Nava, 34, of Durango, Mexico, was sentenced today by United States District Judge Brian C. Buescher for Possessing with Intent to Distribute 500 grams or more of methamphetamine. Luna-Nava received a sentence of 200 months’ imprisonment with a 5-year term of supervised release to follow. There is no parole in the federal system.
In August 2019, agents with the Drug Enforcement Administration (Sioux City) began investigating Luna-Nava for his role in distributing large amounts of methamphetamine in the Norfolk, Nebraska area. Agents bought ½ pound and pound quantities of methamphetamine from Luna-Nava on August 12, 2019, August 20, 2019, August 26, 2019, and September 18, 2019. On September 26, 2019, Luna-Nava was stopped by the Nebraska State Patrol and was in possession of one pound of methamphetamine. A search warrant was executed on Luna-Nava’s residence and a storage shed used by Luna-Nava. During the search, an additional 18 pounds of methamphetamine were recovered.
This case was investigated by the DEA and the Nebraska State Patrol.
Arizona Man Sentenced to 211 Months for Drug and Firearm OffensesRead the Press Release
Acting United States Attorney Jan Sharp announced that Eric Neville, age 40, of Arizona, was sentenced today in federal court in Omaha, Nebraska, for conspiracy to distribute methamphetamine, possession with intent to distribute methamphetamine, felon in possession of a firearm, and using a firearm during a drug trafficking offense. United States District Court Judge Brian C. Buescher sentenced Neville to 211 months’ imprisonment. There is no parole in the federal system. After completing his term of imprisonment, Neville will begin a 5-year term of supervised release.
On February 28, 2020, officers executed a search warrant at Neville’s hotel room in Omaha. Officers located 399 grams of methamphetamine, heroin, an AR-15 rifle, more than $6,645, drug packaging, and a drug scale. Officers searched a Mercedes related to the trafficking and located another 304 grams of methamphetamine. Neville and others were trafficking narcotics in the Omaha area. Prior to this narcotics trafficking in Omaha, Neville had a conviction in Arizona for aggravated assault (2009) and a conviction for possession of heroin for sale and misconduct involving weapons (2014). His 2014 Arizona drug and firearm conviction resulted in a 3.5 year prison sentence.
This case was part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
The case was investigated by the Omaha Police Department.
Omaha Man Sentenced for Impersonating a Federal OfficerRead the Press Release
Acting United States Attorney Jan Sharp announced that Jeffrey Thomas Ostdiek, 56, of Omaha, Nebraska, was sentenced today in federal court in Omaha for impersonating a federal officer. The Honorable Robert F. Rossiter, Jr., sentenced Ostdiek to 17 months’ imprisonment. There is no parole in the federal prison system. After his release from prison, Ostdiek will serve a 1-year term of supervised release.
Between October 2016 and at least January 2017, Ostdiek went to multiple locations in the Omaha area claiming to be a Postal Inspector or Postmaster General. Ostdiek wore identification that he made from Postal Service receipts along with a body-worn video camera. On one of these occasions, Ostdiek convinced an actual United States Postal Service employee to accompany him to the Douglas County Courthouse where he demanded to meet with a government official, all under the pretense of being a Postal Inspector investigating a legal matter concerning his brother.
In September 2020, Ostdiek went to multiple locations in the Omaha area claiming to be a United States Marshal. Ostdiek wore a six-pointed star belt buckle along with a body-worn video camera. On one of these occasions, Ostdiek went to a business in Omaha seeking contact information for a former employee. Ostdiek left a note to pass on to the former employee asking her to call “Marshal Thomas.”
“This defendant impersonated a Postal Inspector, a U.S. Marshal, and the Postmaster General, but Postal Inspectors in Nebraska worked with their local and federal partners to bring him to justice,” said Ruth Mendonça, Inspector in Charge of the Denver Division, which includes Nebraska. “Today’s sentence affirms the importance of the law enforcement oath to protect and serve. All Postal Inspectors carry badges and credentials which identify them as federal agents. Postal Inspectors have immense authority entrusted to them by the American Public. If an individual has concerns, a call can be placed to the U.S. Postal Inspection Service or their local law enforcement agency to verify that a person is a Postal Inspector on official business,” said Mendonça.
The United States Marshal Service also noted that their agency is seeing an increase in impersonation investigations and urged the public to continue to report such incidents.
This case was investigated by the Omaha Police Department, Douglas County Sheriff’s Office, Sarpy County Sheriff’s Office, United States Marshal Service, and United States Postal Inspection Service.
Omaha Man Sentenced to 150 Months for Drug and Firearm OffensesRead the Press Release
Acting United States Attorney Jan Sharp announced that Damien Primus, age 27, of Omaha, Nebraska, was sentenced in federal court in Omaha on December 3, 2021, for possession with intent to distribute fentanyl and for possessing a short-barreled shotgun in furtherance of his drug trafficking. Chief United States District Court Judge Robert F. Rossiter, Jr. sentenced Primus to 150 months of imprisonment. There is no parole in the federal system. After completing his term of imprisonment, Primus will begin a 5-year term of supervised release.
On November 24, 2020, officers executed a search warrant at Primus’s residence in Omaha. Primus was at the residence. Officers located 135 fentanyl pills, 3.2 grams of methamphetamine, $1,080, a short-barreled shotgun, and a stolen rifle. Primus intended to distribute the fentanyl. Just eight days prior to the search warrant, Primus was convicted in a different matter in Cass County, Nebraska District Court to attempted possession of a firearm by a prohibited person.
On April 12, 2021, Primus was sentenced in state court to 2-5 years of imprisonment for his attempted firearm conviction. The 150-month federal sentence will run consecutively to his state sentence.
This case was part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
The case was investigated by the Omaha Police Department and the Federal Bureau of Investigation.
Lincoln Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
Acting United States Attorney Jan Sharp announced that Michael Louis Muhle, 52, of Omaha, Nebraska, was sentenced on December 3, 2021 by United States District John M. Gerrard to 12 years and seven months in federal prison for possession with intent to distribute 50 grams or more of methamphetamine mixture on October 28, 2020, after having been convicted for a serious drug felony. Muhle will serve this sentence after he completes a state sentence of 8-10 years for burglary from Adams County. Following his prison term, Muhle will serve eight years on supervised release. There is no parole in the federal system.
On October 28, 2020, Muhle was stopped for driving on a suspended license. Officers searched his person and his vehicle, finding a total of more than 335 grams of methamphetamine mixture along with two digital scales and multiple self-seal plastic baggies. Muhle had a prior conviction from Lancaster County District Court in 2008 for delivery/possession with intent to deliver an exceptionally hazardous drug for which he received a sentence of four to six years in prison.
This case was investigated by the Lincoln/Lancaster County Narcotics Task Force.
Council Bluffs Man Sentenced to Prison in Child Enticement StingRead the Press Release
Acting United States Attorney Jan Sharp announced that Amitkumar Patel, age 42, of Council Bluffs, Iowa, was sentenced on December 3, 2021 to 96 months’ imprisonment by Chief United States District Court Judge Robert F. Rossiter, Jr. for Travel with Intent to Engage in Illicit Sexual Conduct. There is no parole in the federal system. After his release, Patel will serve a 10-year term of supervised release.
On August 29, 2020, officers with the FBI’s Child Exploitation and Human Trafficking Task Force placed an advertisement on skipthegames.com, a website known to be used for prostitution. The advertisement was entitled “A Warm, Wet, PRINCESS Fairy Tale.” The advertisement stated that the escort provided services to men to include face sitting, intercourse-vaginal, intercourse-oral, and oral-receiving.
On September 4, 2020, Patel responded to the advertisement by cellular phone. Patel was informed that the purported provider was 15 years of age. Patel and the purported 15-year-old agreed on a price of $100 for a half hour and Patel, in referencing the advertisement, indicated that he was interested in having vaginal and oral sex with the purported 15-year-old. Patel also agreed to bring a Jimmy John’s sandwich for the purported 15-year-old’s younger sister. Patel then traveled from Council Bluffs, Iowa to Omaha, Nebraska and arrived at the agreed upon meeting spot.
Patel was met by officers in the area of 162nd and Bedford Streets in Omaha. In Patel’s possession was his iPhone, a Jimmy John’s sandwich order, 2 condoms, and $100 cash.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
This case was investigated by the Federal Bureau of Investigation’s Child Exploitation and Human Trafficking Task Force and the Douglas County Sheriff’s Office.
Bellevue Man Sentenced to 8 Years for Transporting Child PornographyRead the Press Release
Acting United States Attorney Jan Sharp announced that James Bushor, 38, of Bellevue, Nebraska, was sentenced on December 3, 2021 for transporting child pornography. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Bushor to 96 months’ imprisonment. There is no parole in the federal system. After his release from prison, Bushor will begin a five-year term of supervised release and will be required to register as a sex offender. Bushor was further ordered to pay $18,000 total in restitution to six victims whose images were found in his collection.
Cybertips from the National Center for Missing and Exploited Children indicated that on April 30 and May 1, 2019, images of child pornography were being uploaded from Bushor’s residence. A search warrant of his residence recovered more than 100 videos and more than 100 pictures of child pornography on various devices. The child pornography included toddlers and images of bondage involving children engaged in sexually explicit conduct.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
This case was investigated by the Nebraska State Patrol.
Omaha Man Sentenced for Possessing Child PornographyRead the Press Release
Acting United States Attorney Jan Sharp announced that Matthew G. Garabrandt, 30, of Omaha, Nebraska, was sentenced today in Lincoln by United States District Judge John M. Gerrard for possession of child pornography. Garabrandt was sentenced to 4 years in prison and will also serve 5 years on supervised release. There is no parole in the federal system. After serving his prison sentence, Garabrandt will also be required to register as a sex offender.
In October, 2015, a concerned citizen reported to Greene County Sheriff’s Office in Iowa that her ex-boyfriend had child pornography on his cellular phone. The investigators obtained a search warrant for the telephone and his residence in Scranton, Iowa. During the execution of the search warrant of that residence, the Sheriff’s Office seized two additional cellular telephones and a computer. Forensic examination of those cell phones led investigators to a phone number, later identified to belong to Garabrandt and the Federal Bureau of Investigation was informed.
In June, 2016, agents of the FBI interviewed Garabrandt at his residence in Omaha, Nebraska. Garabrandt admitted to sending and receiving child pornography and also admitted to downloading child pornography from a web forum. Investigators found approximately 15 images of minors engaged in sexually explicit conduct as defined by federal law during the forensic examination of the computer equipment seized from the Iowa residence that were sent by Garabrandt.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
This case was investigated by the Greene County Sheriff’s Office and the Federal Bureau of Investigation.
Omaha Man Sentenced as Felon in Possession of a Firearm for Second TimeRead the Press Release
Acting United States Attorney Jan Sharp announced that Dywan Meredith, 30, of Omaha, Nebraska, was sentenced on December 1, 2021 in federal court in Omaha as a felon in possession of a firearm. United States District Court Judge Brian C. Buescher sentenced Meredith to 46 months’ imprisonment for the firearm possession. At the time of the offense, Meredith was also being monitored on federal supervised release for a prior conviction for being a felon in possession of a firearm in October 2017. Meredith’s supervision was violated, and he was also sentenced to an additional 24 months’ imprisonment for a total sentence of 70 months in the Bureau of Prisons. Meredith will serve an additional 3-year term of supervised release following his release. There is no parole in the federal system.
On January 14, 2021, Omaha Police initiated a traffic stop on a vehicle in which Meredith was the front seat passenger. Officers noted a strong odor of marijuana coming from the vehicle and performed a search. A loaded Smith and Wesson SD9 9mm handgun was found in the glovebox immediately in front of where Meredith was seated. His DNA was also found on the gun.
Meredith has previous convictions for being a felon in possession of a firearm (October 30, 2017), theft by deception of over $1,500, and forgery in the second degree (April 15, 2014).
This case was primarily investigated by the Omaha Police Department and was part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
Omaha Woman Sentenced for Threatening VA Hospital EmployeesRead the Press Release
Acting United States Attorney Jan Sharp announced that Tina Hardin, age 53, of Omaha, Nebraska, was sentenced today to time served by Senior United States District Court Judge Joseph F. Bataillon for Influencing, Impeding, or Retaliating Against a Federal Official by Threat. Hardin has already served approximately 14 months’ imprisonment. There is no parole in the federal system. Hardin will now serve a 3-year term of supervised release with conditions regarding mental health treatment, substance abuse, and weapons possession.
On January 29, 2020, Hardin was brought to the Veterans Affairs Hospital in Omaha. Hardin was making homicidal and suicidal statements to the VA medical staff upon being dropped off, specifically, that she wanted to “shoot up the VA.” Hardin was a shuttle driver for the VA at the time. Hardin stated her plan was to gather weapons and magazines and shoot and kill 2 dispatchers with the VA shuttle service and a supervisor in the VA shuttle service. Hardin described the weapons she planned to use as an Uzi, an AR-15, a sawed-off shotgun, and a Glock 9mm handgun.
“VA personnel and the veterans they serve should feel safe while working and receiving care within VA facilities,” said Acting Special Agent in Charge Gavin McClaren with the VA Office of Inspector General’s Central Field Office. “The VA OIG and our law enforcement partners are committed to identifying and stopping individuals who would threaten VA personnel and operations.”
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.
This case was investigated by the Veterans Affairs Police Department and the United States Department of Veterans Affairs, Office of the Inspector General – Criminal Investigations Division.
Omaha Men Sentenced for Conspiracy to Distribute Heroin and MethamphetamineRead the Press Release
Acting United States Attorney Jan Sharp announced that Shawn Smith, 45, and Justin Cotten, 47, both of Omaha, Nebraska, were sentenced on November 29, 2021 in federal court in Omaha for conspiracy to distribute and possess with intent to distribute 100 grams or more of heroin and for conspiracy to distribute 50 grams or more of methamphetamine. Senior United States District Judge Joseph F. Bataillon sentenced Smith to 60 months’ imprisonment on each count. The sentences are to run concurrently. Cotten was sentenced to 78 months’ imprisonment on each count. The sentences are to run concurrently. There is no parole in the federal system. After their release from prison, each will begin a 4-year term of supervised release.
On January 30, 2020, the United States Postal Inspection Service alerted the Drug Enforcement Administration of a suspicious package destined for an address in Blair, Nebraska. The address was known to investigators to be associated with Cotten and Smith. The following day, U.S. Postal Inspection Service obtained and executed a search warrant for the package and discovered approximately 166 gross grams of suspected heroin and approximately 352 gross grams of suspected methamphetamine.
This case was investigated by the Drug Enforcement Administration and United States Postal Inspection Service.
Man Sentenced for Child Pornography Distribution on PinterestRead the Press Release
Acting United States Attorney Jan Sharp announced that Timothy E. Caruso, 45, was sentenced today by Chief United States District Robert F. Rossiter, Jr. after being found guilty by a jury on July 15, 2021 of charges of distributing of child pornography and accessing with intent to view child pornography. Caruso was sentenced to 180 months’ imprisonment for the child pornography offenses and 14 months for a violation of supervised release, which will be served consecutive to his sentence for the child pornography offense. Caruso will be on supervised release for life upon his release from prison. There is no parole in the federal system.
Caruso was on federal supervision after a prior conviction for failing to register as a sex offender. In December 2018, Caruso uploaded an image of child pornography to a private section of Pinterest. Pinterest reported the upload to the National Center for Missing and Exploited Children. The image was traced back to a Google account used by Caruso and sent from an IP address where he was staying. Further investigation discovered Caruso’s search terms indicating an interest in young girls. His messages on Pinterest included that he had lost his child pornography collection and was seeking to trade child pornography and acquire new images.
This case was investigated by the Omaha FBI's Child Exploitation and Human Trafficking Task Force.
Omaha Man Sentenced for Obtaining Firearms by FraudRead the Press Release
Acting United States Attorney Jan Sharp announced that Blake D. Colson, 29, of Omaha, Nebraska, was sentenced on November 19, 2021 by United States District Judge Brian C. Buescher to twelve months’ imprisonment for wire fraud. After Colson’s release from prison, he will begin a two-year term of supervised release. Judge Buescher ordered Colson to pay $15,349.58 in restitution.
Colson was a manager for Frontier Justice Omaha (FJO). In late 2020, he used his managerial access at the business to create phony gift cards, then used the phony gift cards to obtain seventeen firearms, ammunition, and firearm accessories. The fraud came to light as a result of FJO’s own internal review of its firearm transaction records. When confronted, Colson admitted to the scheme and cooperated in the return of stolen items, nearly all of which were recovered.
This case was investigated by the Bureau of Alcohol, Tobacco and Firearms and the Omaha Police Department.
Omaha Man Sentenced for Conspiracy to Sex Traffic a MinorRead the Press Release
Acting United States Attorney Jan Sharp announced that Thomas Holbert, 32, of Omaha, Nebraska, was sentenced today in federal court in Omaha for Conspiracy to Sex Traffic a Minor. United States District Judge Brian C. Buescher sentenced Holbert to 235 months’ imprisonment. There is no parole in the federal prison system. After his release from prison, Holbert will serve 5 years of supervised release and will be required to register as a sex offender.
Federal agents began investigating in September 2020, after two Omaha foster children went missing from their foster home. The investigation showed that Holbert picked up the victims, aged 16 and 17, and brought them to a hotel where Holbert posted online advertisements promoting the minors for commercial sex acts. Both victims then engaged in sex acts for money with Holbert and others receiving financial proceeds from those acts.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by Homeland Security Investigations, the Omaha Police Department, and the Nebraska Attorney General’s Office.
Grand Jury - November 2021Read the Press Release
Acting United States Attorney Jan W. Sharp announced the federal Grand Jury for the District of Nebraska has returned 7 unsealed Indictments charging 7 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Timothy S. Daly, age 49, of Ponca, Nebraska, is charged with attempted enticement of a minor on or about August 26, 2021. The maximum possible penalty if convicted is life imprisonment, a $250,000 fine, a life term of supervised release, a $100 special assessment, and a $5,000 additional special assessment.
* Christian Genchi, age 28, of Omaha, is charged in a two-count Indictment. Count I charges Genchi with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about August 9, 2021. The maximum possible penalty if convicted is life imprisonment, a $20,000,000 fine, a ten-year term of supervised release, and a $100 special assessment. Count II charges the defendant with possession of a firearm in furtherance of a drug trafficking crime on or about August 9, 2021. The maximum possible penalty if convicted is life imprisonment consecutive to Count I, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment.
* Bryan William Gloe, age 44, of Plainview, Nebraska, is charged in a four-count Indictment. Count I charges Gloe with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about June 3, 2021. The maximum possible penalty if convicted is life imprisonment, a 10,000,000 fine, a five-year term of supervised release, and a $100 special assessment. Counts II through IV charge the defendant with distribution of methamphetamine on or about May 7, 2021 and continuing through on or about May 27, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, a $1,000,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Omar Vaillant, Jr., age 39, of Omaha, is charged in a three-count Indictment. Count I charges Vaillant with possession with intent to distribute methamphetamine on or about April 9, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, a $1,000,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges the defendant with possession of a firearm in furtherance of a drug trafficking crime on or about April 9, 2021. The maximum possible penalty if convicted is life imprisonment consecutive to Count I, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment. Count III charges the defendant with felon in possession of a firearm on or about April 9, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Patrick Walker, age 55, is charged in a two-count Indictment. Count I charges Walker with assault on an officer with physical contact and bodily injury on or about October 30, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges the defendant with assault resulting in serious bodily injury on or about October 30, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Leonard Woodrum, Jr., age 56, is charged with possession with intent to distribute 500 grams or more of methamphetamine on or about July 9, 2021. The maximum possible penalty if convicted is life imprisonment, a $20,000,000 fine, a ten-year term of supervised release, and a $100 special assessment There is also an allegation to forfeit United States currency seized on or about July 9, 2021.
* Domingo Zacarias-Ciprian, age 41, is charged in a three-count Indictment. Count I charges Zacarias-Ciprian with unlawful transfer of a document or authentication feature on or about September 21, 2021. The maximum possible penalty if convicted is 15 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges the defendant with possession with intent to transfer five or more documents or authentication features on or about November 3, 2021. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count III charges the defendant with sale of a card purporting a social security card on or about September 21, 2021. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency seized on or about November 3, 2021.
Omaha Man Sentenced for Distribution of Child PornographyRead the Press Release
Acting United States Attorney Jan Sharp announced that Timothy Fox, 35, of Omaha, Nebraska, was sentenced today in federal court for distribution and receipt of child pornography. Chief United States District Judge Robert F. Rossiter, Jr., sentenced Fox to 128 months’ imprisonment. There is no parole in the federal prison system. After his release from prison, Fox will serve 15 years of supervised release and will be required to register as a sex offender.
In August 2020, members of the FBI Child Exploitation and Human Trafficking Task Force conducting undercover investigations into peer-to-peer file sharing of child exploitation materials identified an IP address associated with a residence in Omaha, Nebraska, as sharing files of child pornography. In December 2020, investigators executed a search warrant at the residence of Fox and co-defendant Kevin Jacoway and seized several electronic devices. More than 4,000 images and 700 videos depicting child pornography were located on devices that Fox claimed as his own. Co-defendant Jacoway is scheduled for sentencing on January 14, 2022.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Nebraska State Patrol and the Omaha FBI's Child Exploitation and Human Trafficking Task Force
Omaha Man Sentenced for Drug and Firearm ChargesRead the Press Release
Acting United States Attorney Jan Sharp announced that Robert Sullivan, 45, of Omaha, Nebraska, was sentenced today in federal court for possessing methamphetamine with the intent to distribute and as a felon in possession of a firearm. United States District Court Judge Brian C. Buescher sentenced Sullivan to 87 months’ imprisonment on each count to run concurrently. Sullivan will serve a four-year (Count I) and three-year (Count II) term of supervised release following his release from the Bureau of Prisons to be served to run concurrently. There is no parole in the federal system.
On January 26, 2021, Omaha Police Department officers executed a search on Sullivan’s Omaha residence. Officers searched the defendant and found a baggie of more than 35 grams of methamphetamine which was laboratory tested and confirmed as to purity. This amount of methamphetamine is indicative of distribution. Officers also recovered a Hiawatha Model 567 20-gauge shotgun at the residence. The shotgun was cut down in length, measuring 24 inches overall, with a 12.5-inch barrel. As a previously convicted felon for possessing a controlled substance in 2017, Sullivan was prohibited from possessing a firearm.
This case was part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
This case was investigated by the Omaha Police Department.
Iowa Man Sentenced to 15 Years for Drug and Firearm OffensesRead the Press Release
Acting United States Attorney Jan Sharp announced that Jonathan Pilgreen, 30, of Griswold, Iowa, was sentenced today in federal court in Omaha, Nebraska, for conspiring to distribute methamphetamine and for using a firearm during a drug trafficking crime. United States District Court Judge Brian C. Buescher sentenced Pilgreen to ten years of imprisonment on the drug conspiracy charge and a consecutive five-year sentence for the gun charge. There is no parole in the federal system. After serving his fifteen years, Pilgreen will begin a five-year term of supervised release.
On November 11, 2020, Omaha Police officers responded to an overdose at an Omaha hotel. Pilgreen had overdosed on a couch with drugs and a disassembled rifle nearby. A search warrant for the room recovered more than 400 grams of actual methamphetamine. A rifle was found under the bed and another rifle on a table. Officers also found pills of Xanax and fentanyl.
This case was part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
This case was investigated by the Omaha Police Department.
Nebraska Man Sentenced for Conspiracy to Distribute 500 Grams or More of MethamphetamineRead the Press Release
Acting United States Attorney Jan Sharp announced that Eric White, 37, was sentenced today in federal court in Omaha, Nebraska, for conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine. Senior United States District Judge Joseph F. Bataillon sentenced White to 70 months’ imprisonment. There is no parole in the federal system. After his release from prison, he will begin a 5-year term of supervised release.
On August 25, 2019, law enforcement with the North Platte Police Department attempted to conduct a traffic stop on a black motorcycle with no plates driven by White. White did not stop, and a pursuit commenced. White eventually wrecked the motorcycle and was taken into custody. White had approximately ten grams of methamphetamine on him.
Law enforcement relied on a cooperating witness, who told law enforcement she received large quantities of methamphetamine from White and would then distribute it to other individuals. They also took trips to Colorado to obtain pound quantities of methamphetamine for distribution. White was held responsible for 1.5 kilograms of methamphetamine.
This case was investigated by the North Platte Police Department.
Omaha Woman Sentenced to 34 Months for Conspiracy to Commit RobberyRead the Press Release
Acting United States Attorney Jan W. Sharp announced that Tyanna D. Laushman, age 24, of Omaha, Nebraska, was sentenced today in federal court in Omaha for conspiracy to commit robbery. Chief United States District Court Judge Robert F. Rossiter, Jr. sentenced Laushman to 34 months’ imprisonment. There is no parole in the federal system. After completing her term of imprisonment, Laushman will begin a 3-year term of supervised release. Chief Judge Rossiter ordered Lausham to pay $270 in restitution.
On February 23, 2020, Laushman and her co-defendant, Germon Partee, conspired to rob a Bucky’s gas station in Omaha. Partee threatened the cashier, claimed to have a gun, and obtained between $90 and $120. Laushman served as the look-out during the robbery. Later that day, Laushman and Partee conspired to rob another Bucky’s gas station in Omaha. This time they obtained $150 after Partee threatened the cashier. Laushman has a prior conviction for burglary, shoplifting, criminal impersonation, and multiple theft convictions.
Partee was sentenced on October 12, 2021 to 28 months in prison for two counts of robbery to run concurrently.
The case was investigated by the Omaha Police Department and the Federal Bureau of Investigation.
Jury Convicts Council Bluffs Man of Sex Trafficking Omaha Victims by Force, Fraud, and CoercionRead the Press Release
Acting United States Attorney Jan Sharp announced that on November 4, 2021, after a four-day trial, a federal jury convicted Jesse Cody, 33, of Council Bluffs, Iowa, of Sex Trafficking multiple Omaha victims by force, fraud, or coercion, as well as coercing one of the victims, who was then in foster care and a ward of the Sate of Nebraska, to travel to multiple states outside of Nebraska where the defendant forced her to have sex with men for money for the defendant’s financial gain.
The victim testified that the defendant beat, raped, and choked her when she would refuse to comply with the defendant’s demands. The defendant defrauded another victim, a recent college graduate, into sex trafficking by misrepresenting to the victim the money that she could make prostituting herself and then the defendant took most of the money for himself. Chief United States District Judge Robert F. Rossiter, Jr. presided over the trial and accepted the jury’s verdict before setting Cody’s sentencing hearing for January 28, 2022, at 2:00 pm. At sentencing, Cody faces mandatory minimum sentences of 15 years on two of the counts and up to ten years of imprisonment each on the remaining two counts. There is no parole in the federal system.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Federal Bureau of Investigation and the Omaha Police Department.
Lincoln Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
Acting United States Attorney Jan Sharp announced that Kelly J. Jablonski, 42, of Lincoln, Nebraska, was sentenced today for conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine mixture. United States District Judge John M. Gerrard sentenced Jablonski to eight years and one month in prison. Following her release from prison, Jablonski will serve three years on supervised release. There is no parole in the federal system
In January of 2021, a confidential informant working with the Lincoln Police Department bought 58 grams, (approximately two ounces), of methamphetamine mixture from Jablonski through a third person. In late January and early February of 2021, a tracker on Jablonski’s Jeep showed she made several trips to the Omaha/Council Bluffs area, stopping in South Omaha and at casinos in Council Bluffs, Iowa.
On February 11, 2021, investigators followed Jablonski to a casino in Council Bluffs where her Jeep was seen on casino security video. The video showed a male take a duffel bag from a car with Colorado plates which was parked near Jablonski’s Jeep. The male then got into Jablonski’s Jeep. Both vehicles then left the casino garage. Jablonski was later seen leaving Omaha on westbound I-80 in her Jeep followed by the same male who was driving a van with Colorado plates. Both vehicles were stopped for traffic violations by the Nebraska State Patrol. Jablonski admitted she had three pounds of methamphetamine in her Jeep, resulting in a search. In her Jeep, a total of 1.3 kilograms, (approximately 2.8 pounds), of methamphetamine mixture was found. The van was also searched, and an additional 209 grams, (approximately seven ounces), of methamphetamine mixture was found. The car with Colorado plates was stopped in Council Bluffs, Iowa. The driver was arrested for traffic violations and an outstanding warrant. That car was also searched, and an additional ¼ ounce methamphetamine and more than $34,000 in cash were found.
Jablonski told officers she had obtained methamphetamine from the male in the van since June of 2020, estimating that between June and December of 2020, she obtained up to two pounds per week. She also estimated she obtained at least 25 pounds from the male during the month prior to her arrest. She said the methamphetamine found in her Jeep came from the male in the van. Jablonski said she sold methamphetamine to people in Lincoln, Omaha, and Council Bluffs.
This case was investigated by the Lincoln/Lancaster County Narcotics Task Force with assistance from the Nebraska State Patrol and the Pottawattamie County Sheriff’s Office.
Sidney Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
Acting United States Attorney Jan Sharp announced that Ashley Whited, 32, of Sidney, Nebraska, was sentenced on November 1, 2021 in federal court in Omaha for conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine. Senior United States District Judge Joseph F. Bataillon sentenced Whited to 57 months’ imprisonment. There is no parole in the federal system. After her release from prison, she will begin a five-year term of supervised release.
On May 10, 2019, law enforcement stopped a vehicle for an active arrest warrant. In the course of the wanted person’s arrest, a potted marijuana plant with the highest branch measured at 38 inches was located in the vehicle. During an interview with the subject of the arrest warrant, the plant was linked with a residence on Illinois Street in Sidney. Based on this discovery, law enforcement executed a search warrant at the Illinois Street address where Whited resided. Law enforcement seized approximately 560 grams of a mixture of methamphetamine.
This case was investigated by the Sidney, Nebraska, Police Department.
Omaha Man Sentenced as Felon in Possession of a FirearmRead the Press Release
Acting United States Attorney Jan Sharp announced that Ja’Von Smith, 23, of Omaha, Nebraska, was sentenced on November 1, 2021 in federal court in Omaha as a felon in possession of a firearm. Senior United States District Judge Joseph F. Bataillon sentenced Smith to imprisonment for a term of 24 months. There is no parole in the federal system. After his release from prison, Smith will begin a 3-year term of supervised release.
On December 1, 2019, Smith was observed by officers while police were conducting surveillance at a recent homicide memorial where rival gang members were gathering to discuss retaliatory action for a murder that took place the day before.
Officers observed several gang members acting in a manner which indicated that they were armed. When officers attempted to make contact with these parties, they fled in a vehicle. A high-speed chase occurred. Smith was identified as a passenger in the vehicle that was being driven by co-defendant Markese Davis. While being pursued, officers observed a handgun thrown from the vehicle. The gun, a .40 caliber handgun, was recovered by officers and submitted to a forensic lab for testing.
DNA of both Smith and Davis was recovered from the handgun. Smith had previously been convicted of felony possession of a stolen firearm in the Douglas County, Nebraska on March 13, 2017. Davis, also a convicted felon, pleaded guilty to being a felon in possession of a firearm and was sentenced to 24 months in the Bureau of Prisons on February 19, 2021.
This case was primarily investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and was part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Kearney Man Convicted for Possession with the Intent to Distribute MethamphetamineRead the Press Release
Acting United States Attorney Jan Sharp announced that Jeremy S. Gerdes, 37, of Kearney, Nebraska, was sentenced today in federal court in Lincoln for possession with the intent to distribute 50 grams or more of actual methamphetamine and 50 grams or more of methamphetamine mixture. United States District Judge John M. Gerrard sentenced Gerdes to 50 months in prison followed by a 5-year term of supervised release. There is no parole in the federal system.
On October 29, 2020, law enforcement executed a search warrant of Gerdes’s residence in Kearney. Law enforcement found Gerdes and two others in a room with suspected methamphetamine and drug paraphernalia. Law enforcement also found a case containing two bags of suspected methamphetamine in the residence. A lab confirmed that the substance was in fact about 381 grams of methamphetamine, of which at least 338 grams was actual methamphetamine.
This case was investigated by the Central Nebraska Drug/Safe Streets Task Force.
Former Lincoln Man Sentenced for Receipt of Child PornographyRead the Press Release
Acting United States Attorney Jan Sharp announced that Dakota S. Smith, 27, of Red Oak, Iowa, and who at the time of his offense lived in Lincoln, Nebraska, was sentenced today in federal court in Lincoln for receipt of child pornography. United States District Judge John M. Gerrard sentenced Smith to 76 months in prison, to be followed by an 8-year term of supervised release. Smith was also ordered to pay restitution in the amount of $9,000. There is no parole in the federal system.
Agents with the United States Department of Homeland Security received a tip that Smith had shared child pornography over the internet. The investigation led to agents obtaining a search warrant for Smith’s residence, which was executed on June 4, 2020. Electronic devices belonging to Smith were found in the home and images and videos depicting child pornography were found on those devices. Approximately 95% of the child pornography found on Smith’s devices portrayed victims under the age of 12, and about 25% of the material showed victims who were infants or toddlers.
In addition to the Department of Homeland Security, the Nebraska State Patrol and the Lancaster County Sheriff’s Office contributed substantially to this investigation.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Chicago Woman Sentenced for Obtaining Promethazine with Codeine by FraudRead the Press Release
Acting United States Attorney Jan Sharp announced that Kia Latrice Booker, 24, of Chicago, Illinois, was sentenced on November 1, 2021 in federal court in Omaha, Nebraska, for obtaining promethazine with codeine by forging prescriptions. Senior United States District Judge Joseph F. Bataillon sentenced Booker to 7 months’ imprisonment. There is no parole in the federal system.
Law enforcement investigated 11 fraudulent prescriptions of promethazine with codeine starting on July 7, 2018. During follow up with each pharmacy, Nebraska State Patrol investigators were able to identify a female, later identified as Booker, who used her Illinois identification card when she picked up the prescriptions of promethazine. Promethazine is cough syrup with codeine, an often-sought-after drug illegally sold without a prescription.
On July 12, 2018, Nebraska State Patrol investigators received a call from the Ogallala Police Department involving promethazine with codeine. The individuals involved in the Ogallala case were Booker and Chyneice Richie. Richie pleaded guilty to obtaining promethazine with codeine by forging prescriptions and is scheduled for sentencing in December, 2021.
Both Booker and Richie were seen on surveillance video obtaining promethazine with codeine using fake IDs.
This case was investigated by the Nebraska State Patrol, the Drug Enforcement Administration and the Ogallala Police Department.