District of Nebraska
Press releases recorded for this federal judicial district.
Omaha Man Sentenced to 151 Months for Child PornographyRead the Press Release
Acting United States Attorney Jan Sharp announced that Nicholas Andrew Travis, age 33, of Omaha, Nebraska, was sentenced today in Omaha by United States District Court Judge Brian C. Buescher to 151 months’ imprisonment for Receipt of Child Pornography. There is no parole in the federal system. After his release, Travis will serve a 5-year term of supervised release and be required to register as a sex offender. Travis was also ordered to pay $33,000 in restitution and a $100 special assessment.
On January 24, 2020, special agents and task force officers with Homeland Security executed a search warrant at Travis’s apartment at the Open Door Mission in Omaha. They seized Travis’s cell phone. Travis admitted to the investigators that he had used his cell phone to download child pornography from the Internet while at his apartment in Omaha. As one method to receive child pornography, Travis admitted that he had paid for access to a foreign provider to download child pornography. A forensic examination of Travis’s cell phone revealed 3,127 images and videos depicting children, specifically girls between the ages of 3 to 10, engaging 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 Council Bluffs Police Department and Homeland Security Investigations.
Omaha Man Sentenced for Meth Conspiracy and Use of a WeaponRead the Press Release
Acting United States Attorney Jan Sharp announced that Michael Rogers, 27, of Omaha, Nebraska, was sentenced today by United States District Judge Brian C. Buescher for conspiracy to distribute methamphetamine and use of a firearm during a drug trafficking crime. He was sentenced of 180 months’ imprisonment. After his release from prison, he will begin a five-year term of supervised release. There is no parole in the federal system.
On March 31, 2020, Omaha Metro Drug Task Force Officers utilized a Confidential Informant to purchase 25 grams of actual methamphetamine from Rogers. On April 15, 2020, a second informant purchased 23.9 grams of actual methamphetamine from Rogers. The informant observed Rogers with a .38 caliber revolver and a 9mm Taurus handgun.
On April 16, 2020, a search warrant was served on Rogers’s hotel room. Rogers attempted to escape. In his backpack, TFOs found a loaded Ruger LCR .38 caliber revolver, a loaded Taurus PT111 handgun, 58.6 grams of actual methamphetamine and a digital scale. In his hotel room, a Hi-point JHP handgun, drug packaging materials, and more methamphetamine were found.
This case was investigated by the Omaha Police Department. 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.
Omaha Man Sentenced as an Armed Career CriminalRead the Press Release
Acting United States Attorney Jan Sharp announced that Lionell Bland, 43, of Omaha, Nebraska, was sentenced today by United States District Judge Brian C. Buescher for possession of a firearm by an armed career criminal. He received a sentence of 180 months’ imprisonment with a five-year term of supervised release to follow. The term of incarceration will run consecutive to a sentence he is currently serving as a result of violating state parole. There is no parole in the federal system. An armed career criminal is a felon in possession of a firearm after three prior convictions involving crimes of violence or drug trafficking.
On August 20, 2019, Omaha Police officers received a call to Dailey’s Liquor Store located in northeast Omaha, regarding an armed party. Bland was outside in the parking lot and attempting to hide a loaded FN Hi Power 9mm handgun. Officers found the firearm on top of a t-shirt underneath the vehicle next to where Bland had been standing. Bland ultimately admitted to handling the firearm. At the time of the offense, Bland was on parole. He had four prior convictions for possession of cocaine with intent to distribute, and prior convictions for use of a weapon and terroristic threats.
This case was investigated by the Omaha Police Department. 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.
Fremont Man Convicted of Aggravated Bank RobberyRead the Press Release
Acting United States Attorney Jan Sharp announced that Anthony Wayne Hall, 65, was found guilty today, following a three-day jury trial in federal court in Omaha, Nebraska, for Aggravated Bank Robbery. The Honorable Robert F. Rossiter, Jr., scheduled Hall’s sentencing for July 9, 2021, at 11:00 a.m. Hall faces the potential for life in prison under the federal “three strikes” law, with a mandatory minimum of ten years.
On November 21, 2019, Hall, armed with a realistic-looking replica revolver, robbed the First State Bank in Fremont, Nebraska. Hall left town with approximately $10,000 in cash after walking one bank employee to his vehicle under threat of being shot. A customer who attempted to enter the bank during the robbery was the first to call 911. On November 22, 2019, officers in Saint Joseph, Missouri attempted to stop Hall’s blue Chevrolet Camaro, but the vehicle fled and then crashed into a pole. Hall fled on foot and could not be located. Hall then purchased a white Chevrolet Impala. On November 30, 2019, officers with the Missouri State Highway Patrol attempted to stop the Impala after noticing that the license plates did not match the vehicle. A high-speed pursuit ensued before the Impala crashed into a tree. Hall again fled on foot. Law enforcement located replica firearms, knives, and other items near the crash scene. The next day, on December 1, 2019, a trooper encountered Hall at a nearby gas station and Hall indicated that he was the driver who had fled the night before. Among the cash found on Hall’s person were five bills known to have been taken in the First State Bank robbery.
Hall, who had relocated to Fremont from Indiana approximately two months prior to the First State Bank robbery, has previously been convicted of murder, rape, and at least seven prior robberies. Hall had been released from prison on his prior convictions in 2018.
This case was investigated by the FBI Great Plains Robbery Task Force, the Fremont Police Department, Saint Joseph Police Department, and the Missouri State Highway Patrol.
Former Grand Island Resident Sentenced for Possessing Child PornographyRead the Press Release
Acting United States Attorney Jan Sharp announced that Michael Gonzalez, 44, formerly of Grand Island, Nebraska, was sentenced on April 9, 2021 in Lincoln, Nebraska, by Chief United States District Judge John M. Gerrard for possession of child pornography. Gonzalez was sentenced to 48 months in prison and will also serve 6 years on supervised release. There is no parole in the federal system. After serving his prison sentence, Gonzalez will also be required to register as a sex offender.
In January 2016, the Nebraska State Patrol received information from the National Center for Missing and Exploited Children (NCMEC) that a user, later identified to be Gonzalez, was uploading an image of child pornography.
A search warrant was served at Gonzalez’s residence and that search resulted in the seizure of numerous electronic items, including both a laptop and desktop computers, and a cell phone and other storage media. Law enforcement forensically examined the equipment and located 19 images of child pornography depicting children under the age of twelve.
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.
Blair Woman Sentenced for Conspiracy to Distribute Methamphetamine and Use of a Firearm in Relation to a Drug Trafficking CrimeRead the Press Release
Acting United States Attorney Jan Sharp announced that Morgan C. Brown, 25, of Blair, Nebraska, was sentenced on April 7, 2021, in federal court in Omaha, Nebraska, for conspiracy to distribute 50 grams or more of actual methamphetamine, and for using a firearm during and in relation to a drug trafficking crime. United States District Judge Brian C. Buescher sentenced Brown to 200 months of imprisonment for the conspiracy and a consecutive 60 months of imprisonment for the use of the firearm during and in relation to that conspiracy. There is no parole in the federal system. Brown was also sentenced to a 5-year term of supervised release on the conspiracy conviction and a 2-year term of supervised release on the firearm conviction to run concurrently.
On June 5, 2019, Brown was searched pursuant to a probation condition from a prior drug-possession conviction, and law enforcement found her in possession of over $8,000 in United States currency, a gun, drug paraphernalia, and a digital scale. On August 16, 2019, law enforcement stopped Brown’s vehicle near Lincoln, Nebraska, and found in the vehicle drug paraphernalia, a digital scale, and a package containing more than 250 grams of methamphetamine. In total, Brown was involved in the trafficking of at least 50 pounds of methamphetamine from July 2018 until August 2019. Over the course of the investigation, law enforcement seized more than $30,000 from Brown as the proceeds of drug distribution.
This case was investigated by the Omaha Police Department and Lincoln/Lancaster County Narcotics Task Force.
Omaha Man Sentenced for Attempted Enticement of a MinorRead the Press Release
Acting United States Attorney Jan Sharp announced that Raul Valdez Rivas, 43, was sentenced today in federal court in Omaha, Nebraska, for attempted enticement of a minor. The Honorable Brian C. Buescher sentenced Valdez Rivas to 120 months’ imprisonment. There is no parole in the federal prison system. After his release from prison, Valdez Rivas will be required to serve 5 years of supervised release. He will also be required to register as a sex offender and is subject to deportation.
In April 2020, Valdez Rivas contacted the phone number listed in an online prostitution advertisement. Valdez Rivas communicated via text message and phone calls with a sheriff’s deputy posing as a fifteen-year-old boy. Valdez Rivas offered to pay the boy to engage in sexual acts with him and arranged a meeting. When Valdez Rivas arrived at the designated location, he was arrested.
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 Douglas County Sheriff’s Office and the Omaha FBI's Child Exploitation and Human Trafficking Task Force.
Norfolk Man Convicted in Fatal KidnappingRead the Press Release
Acting United States Attorney Jan W. Sharp announced that a federal jury in Omaha, Nebraska, returned guilty verdicts today against Ramon Simpson, 50, of Norfolk, for Kidnapping Resulting in Death and Conspiracy to Commit Kidnapping. Kidnapping Resulting in Death carries a mandatory sentence of life imprisonment. There is no parole in the federal system. United States District Judge Brian C. Buescher presided over the 7-day trial and set sentencing for June 30, 2021.
Phyllis Hunhoff regularly traveled from her home in Yankton, South Dakota to her mother’s home in Utica, South Dakota. Her regular practice was to call her mother upon returning to Yankton. On November 4, 2018, at approximately 9:45 p.m., Phyllis Hunhoff left her mother’s residence, alone, to drive home to Yankton. She did not call her mother as she did not make it home. Having not heard from Phyllis, her mother began repeatedly calling her phone to determine her whereabouts. All calls were unanswered.
Simpson, Joseph James, and other men were near Phyllis Hunhoff’s mother’s residence as she was leaving. James and Simpson encountered Phyllis Hunhoff outside of the residence and got into her car. Simpson and James kidnapped Phyllis Hunhoff and took Hunhoff and her vehicle to Norfolk, Nebraska, arriving at about 11:00 p.m. When they arrived in Norfolk, James remained in the vehicle and Simpson exited the vehicle with James’s cellular phone. James drove Phyllis Hunhoff’s vehicle, with her inside, to the Santee Sioux Indian Reservation in Knox County, Nebraska. Simpson proceeded to delete communications and location data from James’s phone detailing their travels and activities on November 4, 2018.
Video from a gas station on the Santee Reservation showed James driving Hunhoff’s vehicle and putting gasoline into her vehicle. Later, James returned in the same vehicle to the gas station and pumped gasoline into a soda bottle. James then drove to an isolated location on the Santee Reservation in Knox County, Nebraska, where he set fire to Hunhoff’s body and her vehicle to conceal evidence of the murder and kidnapping. James abandoned the body and vehicle and left the area.
On November 8, 2018, Phyllis Hunhoff’s body was located inside of her vehicle on the Santee Sioux Indian Reservation. Hunhoff had been killed by strangulation and stab wounds. Hunhoff’s body and vehicle were set on fire.
The FBI and other law enforcement officers investigated the murder and obtained evidence, including surveillance footage of James at the gas station during the early morning hours of November 5, 2018. Santee Police recovered the shirt James was wearing when he killed Phyllis Hunhoff. Her DNA was on James’ shirt. James’s DNA was on clothing Phyllis Hunhoff was wearing when he killed her.
When contacted by the Federal Bureau of Investigation, Simpson repeatedly lied about his and James’s whereabout on November 4 and 5, 2018.
James entered a plea of guilty to Murder in Indian Country on February 5, 2020, and on July 15, 2020 was sentenced to life imprisonment.
Acting United States Attorney Jan Sharp said, “The abduction and killing of Phyllis Hunhoff was a ghastly crime. Our hearts go out to her family. Mr. Simpson is richly deserving of the sentence he will likely receive. The two-year investigation and prosecution of Mr. Simpson, and Mr. James before him, was complicated by complex jurisdictional issues and the need to analyze volumes of digital evidence. The FBI and the trial team did an outstanding job putting together the case that led to Mr. Simpson’s conviction.”
After today’s verdict, FBI Omaha Special Agent in Charge Eugene Kowel said, “Ramon Simpson may not have killed Phylliss Hunhoff, but his participation in her abduction and kidnapping ultimately lead to her violent and senseless death. FBI Omaha is committed to continue working with our state and local partners to apprehend violent criminals and bring them to justice.”
The case was prosecuted by Assistant United States Attorneys Jody Mullis and Sean Lynch.
The case was investigated by the Federal Bureau of Investigation, the Nebraska State Patrol, Knox County Sheriff’s Office, Santee Sioux Nation Tribal Police, Yankton County Sheriff’s Office, Yankton Police Department (South Dakota), Norfolk Police Department, the University of Nebraska Medical Center, the Nebraska State Fire Marshal, and the Lincoln Police Department.
Macy Man Convicted of Assault Resulting in Serious Bodily InjuryRead the Press Release
Acting United States Attorney Jan Sharp announced that Taylor Grant, 34, of Macy, Nebraska, was found guilty on March 31, 2021, following a three-day jury trial in federal court in Omaha for Assault Resulting in Serious Bodily Injury. The Honorable Robert F. Rossiter, Jr., scheduled Grant’s sentencing for June 25, 2021, at 2:30 p.m. Grant faces up to ten years in prison.
In June 2020, an officer with the Omaha Nation Law Enforcement Services responding to a report of an assault located the victim walking in the road in Macy. The victim was nearly unrecognizable due to facial swelling and the severity of her injuries. She was taken to the hospital where she eventually received surgery to repair a broken jaw. The victim reported that she had been assaulted by Taylor Grant during the previous night and that he would not let her leave to get help. Police were unable to locate Grant for approximately one month. When taken into custody, Grant told an FBI agent that he had not assaulted the victim but had seen her injuries and believed he would be blamed so he went to Sioux City and stayed in a motel.
This case was investigated by the Omaha Nation Law Enforcement Services and the Federal Bureau of Investigation.
South Sioux City Man Sentenced for Possessing with Intent to Distribute Methamphetamine and FirearmsRead the Press Release
Acting United States Attorney Jan Sharp announced that Pedro Valdovinos, age 23, of South Sioux City, Nebraska, was sentenced on March 29, 2021, in federal court in Omaha, Nebraska, after having pled guilty to Possessing with Intent to Distribute Methamphetamine and Possessing Firearms in Relation to a Drug Trafficking Crime. Senior United States District Court Judge Joseph F. Bataillon sentenced Valdovinos to 138 months’ imprisonment. After completing his term of imprisonment, Valdovinos will be required to serve a 5-year term of supervised release as there is no parole in the federal system. Valdovinos also lost any right or claim to the U.S. currency seized during the investigation.
In June of 2019, a cooperating witness bought methamphetamine from Valdovinos inside of his South Sioux City residence with the total being more than 50 grams.
On August 5, 2019, officers executed a Federal search warrant on Valdovinos’s residence. During the initial entry, Valdovinos and co-defendant Leagsaidh Hargreaves were located inside the residence in a basement bedroom closet with a handgun by their feet. A search of the residence revealed approximately 140 grams of methamphetamine, over $35,000 in U.S. currency, and three additional handguns found next to the methamphetamine.
Valdovinos and Hargreaves were arrested and interviewed. Valdovinos took full responsibility for the methamphetamine and the firearms that were located inside of the residence. Hargreaves initially denied any knowledge or involvement but has since pleaded guilty to lying to law enforcement officers. Hargreaves is scheduled for sentencing on May 17, 2021.
This case was investigated by officers of the DEA Sioux City Resident Office.
Grand Island Man Sentenced for Receipt and Distribution of Child PornographyRead the Press Release
Acting United States Attorney Jan Sharp announced that Max Rookstool, 18, of Grand Island, Nebraska, was sentenced today in Lincoln by Chief United States District Judge John M. Gerrard for possession of child pornography. Rookstool was sentenced to 10 years in prison and will serve 12 years on supervised release. There is no parole in the federal system. After serving his prison sentence, Rookstool will be required to register as a sex offender. Rookstool was also ordered to pay $8,000 in special assessments.
In December 2019, Homeland Security Investigations (HSI) was contacted by the Grand Island Police Department (GIPD) regarding an ongoing child pornography investigation indicating that a male student at Grand Island Northwest High School was using fraudulent social media accounts to solicit nude photographs of other males at the high school by pretending to be a female high school student. The investigation revealed that Rookstool was the student who created the fraudulent accounts and he would then use the photographs sent by the students to extort and seek more sexually explicit images.
During the investigation, law enforcement determined that Rookstool had also been in contact with Brian Mohr, a teacher at his high school. Between July 2019, and December 2019, Rookstool sent approximately 41 nude images constituting child pornography as defined by federal law to Mohr through a phone app.
Acting U.S. Attorney Sharp noted that the scheme employed by Rookstool is common in sextortion cases. He added, “Here, students thought they were sending sexually explicit photos to who they believed to be an interested girl only to be extorted into sending more explicit images.”
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 Homeland Security Investigations and the Grand Island Police Department.
Former Teacher Sentenced for Possessing Child PornographyRead the Press Release
Acting United States Attorney Jan Sharp announced that Brian A. Mohr, 38, of Grand Island, Nebraska, was sentenced today in Lincoln by Chief United States District Judge John M. Gerrard for possession of child pornography. Mohr was sentenced to 76 months in prison and then begin a seven-year term of supervised release. There is no parole in the federal system. Mohr will also be required to register as a sex offender. Mohr was also ordered to pay $8,600 in special assessments.
In December 2019, Homeland Security Investigations (HSI) was contacted by the Grand Island Police Department (GIPD) regarding an ongoing child pornography investigation indicating that a male student at Grand Island Northwest High School was using fraudulent social media accounts to solicit nude photographs of other males at the high school by pretending to be a female high school student. The male student would then use the photographs sent by the students to extort and seek more sexually explicit images.
During the investigation, law enforcement determined that the male student had been in communication with Mohr, a teacher at Grand Island Northwest High School. Between July 2019, and December 2019, the male student sent approximately 41 nude images constituting child pornography as defined by federal law to Mohr through a phone app.
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 Homeland Security Investigations and the Grand Island Police Department.
Lincoln Man Sentenced for Conspiracy to Distribute Methamphetamine and Use of a Firearm in Relation to that ConspiracyRead the Press Release
Acting United States Attorney Jan Sharp announced that Mitchell Ryan Pond, 39, of Lincoln, Nebraska, was sentenced on March 23, 2021, in federal court in Lincoln for conspiracy to distribute 500 grams or more of methamphetamine mixture and 50 grams or more of actual methamphetamine, and for using a firearm during and in relation to that conspiracy. Senior United States District Judge Richard G. Kopf sentenced Pond to 15 years of imprisonment for the conspiracy and a consecutive 5 years of imprisonment for the use of the firearm during and in relation to that conspiracy. There is no parole in the federal system. Pond was also sentenced to a 10-year term of supervised release.
As part of a narcotics investigation regarding Pond, law enforcement seized about 90 grams of actual methamphetamine attributable to him in April 2019. Thereafter, law enforcement obtained and executed a search warrant on Pond’s residence. Inside the residence, law enforcement found methamphetamine residue and a handgun. Law enforcement continued its investigation and found that between November 1, 2018 and July 10, 2019, Pond was responsible for the distribution of at least 1.5 kilograms of methamphetamine in the Lincoln area. Because Pond had previously been convicted under Nebraska state law of robbery for which he served more than 12-months’ imprisonment, he faced a 15-year mandatory-minimum sentence for the conspiracy conviction.
This case was investigated by the Lincoln/Lancaster County Narcotics Task Force.
Omaha Man Convicted of Child EnticementRead the Press Release
Acting United States Attorney Jan Sharp announced that James Joiner, 48, of Omaha, Nebraska, was found guilty on March 18, 2021, following a two-day jury trial in federal court for Attempted Enticement of a Minor. United States District Judge Brian C. Buescher scheduled Joiner’s sentencing for June 16, 2021, at 11:00 a.m. Joiner faces up to life in prison, with a mandatory minimum of ten years. Joiner remains detained pending sentencing.
In March 2020, Joiner 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 Joiner’s texts. Joiner made arrangements to meet the 15-year-old female at a gas station in Omaha, offering to pay the female and buy her an iTunes gift card. When Joiner arrived at the gas station, he was detained by law enforcement. Joiner admitted to answering the prostitution ad and texting with what he believed to be a 15-year-old female, but testified that he intended to try to talk the female into doing some house cleaning work for him as an alternative way to make money.
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 Douglas County Sheriff’s Office and the Omaha FBI's Child Exploitation and Human Trafficking Task Force.
Grand Jury - March 2021Read the Press Release
Acting United States Attorney Jan W. Sharp announced the federal Grand Jury for the District of Nebraska has returned 22 unsealed Indictments charging 24 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.
* Simon Carcamo Sevilla, age 31, is charged in a three-count Indictment. Count I charges the defendant with use of an identification document not lawfully issued on or about September 5, 2019. 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 the defendant with misuse of a Social Security number on or about September 5, 2019. 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 illegal reentry after deportation on or about February 25, 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.
* Brandon D. Carr, age 35, of Omaha, is charged with felon in possession of a firearm on or about February 23, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Crispin Cruz-Trejo, age 38, is charged with illegal reentry after deportation on or about March 3, 2021, following an aggravated felony conviction. 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.
* Derrick G. Dawdy, age 36, of Ashland, Nebraska, is charged in a three-count Indictment. Count I charges the defendant with embezzlement of mail by postal employee on or about September 1, 2020 and on or about December 28, 2020. 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 II charges the defendant with theft from mail by postal employee on or about September 1, 2020 and on or about December 28, 2020. 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 delay of mail by postal employee on or about September 1, 2020 and on or about December 28, 2020. 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.* David A. Foreman, age 53, of Omaha, is charged in a two-count Indictment. Count I charges the defendant with distribution of methamphetamine on or about December 18, 2020. The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, a three-year term of supervised release, $100 special assessment. Count II charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine (actual) between on or about December 18, 2020. 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 December 20, 2020.
* Sanjuana Garcia-Ramirez, age 38, of Lexington, Nebraska, is charged with possession with intent to distribute 50 grams or more of methamphetamine on or about January 5, 2021. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, $100 special assessment.
* Patrick R. Graves, age 34, is charged in a six-count Indictment. Counts I through III charge the defendant with bank fraud on or about September 2020 and continuing through on or about November 2020. The maximum possible penalty if convicted is 30 years’ imprisonment, a $1,000,000 fine, a five-year term of supervised release, and a $100 special assessment for each count. Count IV charges the defendant with aggravated identity theft on or about November 16, 2020. 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 V charges the defendant with aggravated identity theft on or about November 18, 2020. 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. Count VI charges the defendant with identity theft on or about November 18, 2020. 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.
* Jeffry A. Hogan, age 39, of Colorado Springs, Colorado, is charged in a four-count Indictment. Count I charges the defendant with conspiracy and possession with intent to distribute 500 grams or more of methamphetamine on or about June 1, 2020 and continuing to on or about February 12, 2021. The maximum possible penalty if convicted is life imprisonment, $20,000,000 fine, ten-year term of supervised release, and a $100 special assessment. Count II charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine on or about February 12, 2021. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, an eight-year term of supervised release, $100 special assessment. Count III charges the defendant with using, carrying, and possessing a firearm during and in furtherance of a drug trafficking crime between on or about February 12, 2021 The maximum possible penalty if convicted is life consecutive imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count IV charges the defendant with use felon in possession of a firearm between on or about February 12, 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. There is also an allegation to forfeit United States currency seized on or about February 12, 2021.
* Jourdain Hyman St. Cyr, age 35, of Winnebago, Nebraska, is charged with assaulting, resisting, or impeding certain officers or employees on or about March 4, 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.
* Kelly J. Jablonski, age 41, of Lincoln, Nebraska, is charged in a two-count Indictment. Count I charges the defendant with conspiracy and possession with intent to distribute 500 grams or more of methamphetamine on or about June 1, 2020 and continuing to on or about February 12, 2021. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. Count II charges the defendant with possession with intent to distribute 500 grams or more of methamphetamine on or about February 12, 2021. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment. There is also an allegation to forfeit United States currency seized on or about February 12, 2021.
* Kevin N. Jacoway, age 32, of Omaha, and Timothy A. Fox, age 34, of Omaha, are charged in a three-count Indictment. Count I charges Jacoway and Fox with distribution and receipt of child pornography on or about August 28, 2020 and on or about February 23, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment. Count II charges Jacoway with possession of child pornography on or about December 2, 2020. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment. Count III charges Fox with possession of child pornography on or about December 2, 2020. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment.
* Brenden J. Joray, age 23, of Papillion, Nebraska, is charged in a three-count Indictment. Count I charges Joray with transportation of a minor with intent to engage in criminal sexual activity on or about January 30, 2021 and on or about February 17, 2021. The maximum possible penalty if convicted is life imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment. Count II charges the defendant with travel in interstate commerce for the purpose of engaging in any illicit sexual conduct on or about January 30, 2021 and on or about February 17, 2021. The maximum possible penalty if convicted is 30 years’ imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment. Count III charges the defendant with enticement of a minor to engage in any sexual activity on or about November 1, 2020 and on or about February 17, 2021. The maximum possible penalty if convicted is life imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment.
* Jose O. Maes, age 36, of Colorado Springs, Colorado, is charged with conspiracy and possession with intent to distribute 500 grams or more of methamphetamine on or about June 1, 2020 and continuing to on or about February 12, 2021. The maximum possible penalty if convicted is life imprisonment, $20,000,000 fine, 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 February 12, 2021.
* Dywan Meredith, age 29, of Omaha, is charged with felon in possession of a firearm on or about January 14, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Jose Vidal Navarro-Gonzalez, a/k/a Jose Navarro, age 46, is charged in a two-count Indictment. Count I charges the defendant with possession with intent to distribute 500 grams or more of methamphetamine on or about February 22, 2021. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment. Count II charges the defendant with use possess firearm with drug trafficking on or about February 22, 2021. The maximum possible penalty if convicted is life imprisonment consecutive, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment.
* Bruce A. Nelson, age 53, of Orleans, Nebraska, is charged in a three-count Indictment. Count I charges Nelson with counterfeiting and forging obligations or securities on or about August 1, 2020, and September 7, 2020. 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 passing or uttering counterfeit obligations or securities on or about August 31, 2020. 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 III charges the defendant with passing or uttering counterfeit obligations or securities on or about September 4, 2020. 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.
* Joseph T. Pearce, II, age 39, of Plainview, Nebraska, is charged in a three-count Indictment. Count I charges Pearce with filing a false tax return on or about April 13, 2015. The maximum possible penalty if convicted is 3 years’ imprisonment, a $100,000 fine, a one-year term of supervised release, and a $100 special assessment. Count II charges the defendant with filing a false tax return on or about April 11, 2016. The maximum possible penalty if convicted is 3 years’ imprisonment, a $100,000 fine, a one-year term of supervised release, and a $100 special assessment. Count III charges the defendant with filing a false tax return on or about April 20, 2017. The maximum possible penalty if convicted is 3 years’ imprisonment, a $100,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Gregorio Ramirez-Silva, age 34, is charged with illegal reentry after deportation on or about March 12, 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.
* Janis Strautkalns, age 48, of Lincoln, Nebraska, is charged in a fourteen-count Indictment. Counts I through X charge Strautkalns with failure to pay over withholding & FICA taxes on or about September 30, 2016 and continuing through December 31, 2018. 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 each count. Counts XI through XIV charge the defendant with failure to file tax return on or about 2015 through 2018. The maximum possible penalty if convicted is 1 year’ imprisonment, a $100,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Carney Turner, a/k/a Tez, age 40, is charged in a five-count Indictment. Count I charges Turner with sex trafficking of a minor on or about November 17, 2020 through February, 2021. The maximum possible penalty if convicted is life imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment. Count II charges the defendant with sex trafficking of a minor on or about August 1, 2020 through October 31, 2020. The maximum possible penalty if convicted is life imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment. Count III charges the defendant with sex trafficking of a minor on or about January 1, 2020 through September 25, 2020. The maximum possible penalty if convicted is life imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment. Count IV charges the defendant with coercion and enticement of a minor on or about August 1, 2020 through October 31, 2020. The maximum possible penalty if convicted is life imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment. Count V charges the defendant with coercion and enticement of a minor on or about January 1, 2020 through September 25, 2020. The maximum possible penalty if convicted is life imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States property seized in Counts I through III.
* Joseph Ward, Jr., age 44, of Phoenix, Arizona, and Vickie M. Ward, a/ka Vickie M. Cloyd, age 41, of Phoenix, Arizona, are charged in an eight-count Indictment. Counts I and II charge Joseph and Vickie with conspiracy to commit bank fraud on or about April 11, 2017, and June 13, 2017. The maximum possible penalty if convicted is 30 years’ imprisonment, a $1,000,000 fine, a three-year term of supervised release, and a $100 special assessment. Counts III through VIII charge the defendants with wire fraud on or about May 17, 2017 through June 13, 2017. 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 each count.
* Clifford Wright, III, age 31, of Omaha, is charged with felon in possession of a firearm on or about July 23, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
Former Ag. Commodities Business Employee Sentenced for Wire FraudRead the Press Release
Acting United States Attorney Jan Sharp announced that Omer Sagheer, 48, of Omaha, Nebraska, was sentenced today in federal court in Omaha by United States District Judge Brian C. Buescher to 12 months’ and one day imprisonment for wire fraud. After his release from prison, Sagheer will begin a three-year term of supervised release. There is no parole in the federal system. Restitution in the amount of $232,390.39 was paid in full.
An investigation conducted by the Federal Bureau of Investigation determined that Sagheer was employed as Treasurer with The Scoular Company located in Omaha. Scoular is engaged in the purchase, sale, and transportation of agriculture commodities. During his employment, Sagheer had access to the company’s bank accounts and other financial documents, including checks made payable to Scoular. From February 2017 through July 2019, Sagheer fraudulently endorsed and deposited into his personal bank account checks made payable to Scoular. Sagheer would typically deposit the checks through ATM machines into his personal bank account in order to avoid detection and to hide the fraud from his employer. Once the check was deposited into Sagheer 's bank account, he would electronically transfer funds from the bank account to financial accounts located in the United States and Canada.
The FBI determined that between February 2017 and July 2019 Sagheer endorsed and deposited into his personal bank account approximately 10 checks which totaled approximately $232,390.39. The fraudulently deposited funds were used by Sagheer to pay for his personal “lifestyle” spending, which included expenses incurred during trips to Las Vegas, Nevada, and Canada; the purchase of a 2019 Mercedes-Benz convertible; numerous withdrawals of cash; and personal credit card payments.
FBI Omaha Special Agent in Charge Eugene Kowel said, “Omer Sagheer violated the trust of his employer, who gave him a position of leadership. Instead of honoring that trust, he enriched himself at the expense of his employer. The FBI, with our partners, will always aggressively pursue those who commit financial fraud and make sure they are held accountable.”
This case was investigated by the Federal Bureau of Investigation.
Fremont Man Sentenced to 10 Years’ Imprisonment for Conspiring to Distribute MethamphetamineRead the Press Release
Acting United States Attorney Jan Sharp announced that Richard Snyder, age 46, of Fremont, Nebraska, was sentenced today in federal court in Omaha, Nebraska, after having pleaded guilty to Conspiracy to Distribute Methamphetamine. Senior United States District Judge Joseph F. Bataillon sentenced Snyder to 120 months’ imprisonment. After completing his term of imprisonment, Snyder will be required to serve a 5-year term of supervised release as there is no parole in the federal system.
On March 11, 2019, a Fremont police officer approached a parked vehicle. The driver's side window was down, and the officer observed Snyder sitting in the driver's seat holding a self-seal bag containing a white crystal-like substance. After making contact, the officer seized the substance which later tested positive for methamphetamine, with the total weight being approximately 2 grams. During a post-arrest interview, Snyder admitted to delivering 2-3 pounds of methamphetamine in the last six months.
This case was investigated by Officers of the III CORPS Task Force.
Raymond Man Convicted for Attempted Possession of Child PornographyRead the Press Release
Acting United States Attorney Jan Sharp announced that Nathaniel Walker, 33, of Raymond, Nebraska, was sentenced today in Lincoln by Chief United States District Judge John M. Gerrard for attempted possession of child pornography. Walker was sentenced to 11 years in prison and 10 years of supervised release. There is no parole in the federal system. Walker was additionally ordered to pay $9,000 in restitution.
This case began when Kik flagged a September 29, 2018 conversation in which Walker and other Kik users discussed an interest in child pornography and Walker shared a link to a Dropbox folder which contained child pornography material. On March 2, 2019, Homeland Security Investigations conducted a knock and talk with Walker at his residence. Walker admitted he used Kik about three times a week at night to seek out child pornography. Walker also admitted that he would share links during Kik chats which he knew contained child pornography, but that he did not own the Dropbox accounts. He indicated that he shared these links in the hopes of receiving new links from other individuals on Kik. Walker had previously been convicted in 2012 of attempted possession of child pornography in Lancaster County.
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 Homeland Security Investigations.
Broken Bow Guiding Business Co-Owner Sentenced for Lacey Act ViolationRead the Press Release
Acting United States Attorney Jan Sharp announced that Nolan Hueftle, age 60, of Broken Bow, Nebraska, was sentenced today in federal court in Omaha by United States Magistrate Judge Michael D. Nelson for violating the Lacey Act. The Lacey Act prohibits the trafficking in interstate commerce "tainted" (i.e., taken in violation of a law or regulation) wildlife, fish, or indigenous plants. Hueftle was convicted of one count of the illegal taking of wildlife in interstate commerce and sentenced to five years’ probation. Magistrate Judge Nelson ordered Hueftle to pay a $30,000 fine. As part of his probation terms, Hueftle shall not hunt, trap, guide, outfit, or otherwise assist or be present in the field with anyone engaging in those activities. Hueftle is also prohibited from being involved in the manufacturing, selling, distributing, or marketing of “PrimeTine” or any other deer or wildlife supplement while on probation.
An investigation determined that in October, 2015, Hueftle, a Hidden Hills Outfitters (HHO) co-owner, provided guiding and outfitting services to a Louisiana resident upon property located in Blaine County, Nebraska. During the course of the hunt, Hueftle, HHO owner Jacob Hueftle, and the hunting client located a white-tailed deer wounded by the client the previous day. Hueftle was present and observed HHO owner Jacob Hueftle unlawfully shoot and kill the client’s deer with an AR-style rifle, a weapon prohibited from use during the Nebraska archery deer season. In addition, Hueftle knew Jacob Hueftle was prohibited from hunting or possessing a firearm at the time. Hueftle later assisted recovering the deer from the kill site and transported the unlawfully taken deer back to the HHO Lodge. Parts of the deer were later transported in interstate commerce back to the hunting client’s out-of-state residence.
Pursuant to the terms of a plea agreement, Hueftle also admitted to his co-ownership and involvement with HHO, including his knowledge and involvement with various ongoing wildlife violations conducted or authorized by HHO and its guides and employees between 2013 and 2018. Hueftle admitted that HHO acquired at least 115,378 pounds of deer feed products used for the establishment and maintenance of at least 68 baited hunting locations, that Hueftle personally assisted maintaining the bait sites at or near HHO client hunting locations, and that Hueftle knew HHO clients routinely killed white-tailed deer within baited areas. Nebraska state law prohibits the establishment of baited areas for the purpose of hunting big game or turkeys and prohibits hunting or taking big game or turkeys within a baited area.
Hueftle admitted knowing firearms were routinely and unlawfully used for the taking of white-tailed deer and mule deer during archery and muzzleloader seasons. Nebraska state law prohibits the possession and use of firearms while hunting deer under the authority of an archery permit. Hueftle also admitted routinely assisting with the butchering, processing, and disposal of client deer at the HHO Lodge, and needlessly and wantonly wasting edible meat of HHO client deer including negligently allowing carcasses to spoil, and dumping and disposing the carcasses (including edible meat) near the HHO Lodge and on family property near Cozad, Nebraska.
Hueftle admitted that between 2013 and 2018, he and other HHO owners, guides, and associates provided hunting and guiding services to at least 118 clients from 21 states resulting in the unlawful taking of at least 97 white-tailed deer, mule deer, pronghorn, and wild turkey, and that parts of that wildlife were subsequently transported into other states. Hueftle provided hunting and guiding services to HHO clients, had knowledge and assisted in various unlawful hunts, and received a 25% share of all HHO profits annually.
The sentencing hearing today is part of the ongoing prosecution of numerous defendants related to violations committed by owners, guides, and clients of Hidden Hills Outfitters. To date, 36 defendants have pleaded guilty and have been sentenced and ordered to pay a total of $627,732 in fines and restitution, serve 30 months of incarceration, 38 years of probation, and 63 years of hunting and guiding restrictions for underlying violations related to at least 97 unlawfully-taken big game animals or wild turkey including deer taken within baited areas; deer, pronghorn, and wild turkeys taken with weapons or firearms prohibited during their respective hunting seasons; deer taken during closed season hours, from the road, or without a valid permit; and mule deer taken within the Mule Deer Conservation Area.
The operation was a joint investigation conducted by the United States Fish and Wildlife Service, Office of Law Enforcement and the Nebraska Game and Parks Commission, Law Enforcement Division.
St. Louis Man Convicted of Possessing Firearms while Being a User of Controlled SubstancesRead the Press Release
Acting United States Attorney Jan Sharp announced that a federal jury in Lincoln, Nebraska, returned a guilty verdict today against Drake L. Banks, Sr., age 30, of St. Louis, Missouri, for possessing firearms while being an unlawful user of controlled substances. Today’s verdict subjects Banks to a potential prison term of up to ten years. Chief United States District Judge John M. Gerrard presided over the trial and set sentencing for June 4, 2021.
The evidence at trial established that Banks and Zachary R. Macomber, age 29, of Annapolis, Missouri, were traveling eastbound on Interstate 80 a few miles west of Lincoln on September 19, 2019. They passed a Lincoln Police Department officer, who proceeded to stop them for following another vehicle too closely and cutting off a semi-truck. The officer soon discovered that there was marijuana inside the vehicle. Banks and Macomber were seated in the back of patrol vehicle while the officer conducted a search of the vehicle. Methamphetamine, marijuana, and evidence of marijuana use were found in the front seats of the rental vehicle. In the trunk of the vehicle, the officer found the seven firearms listed below, numerous magazines for the firearms, and ammunition. Two of the Glock handguns were found to be loaded at the time of the traffic stop. The firearms included:
- a Palmetto State Armory PA-15, multi caliber pistol,
- a Kel-Tec PLR-16, 5.56 mm caliber pistol,
- a AA Arms AP9, 9 mm caliber pistol,
- a Glock 19, 9 mm caliber pistol,
- a Glock 22, .40 caliber pistol,
- a Glock 17, 9 mm caliber pistol, and
- a Glock 21, .45 caliber pistol.
While seated in the back of the patrol car, and while the officer was conducting a search of the rental car, the two defendants made considerable efforts to escape, including kicking the center divider and opening a sliding door on the center divider.
Macomber pleaded guilty on August 6, 2020, to being a felon in possession of firearms. On November 6, 2020, he was sentenced by Chief Judge Gerrard to serve a 52-month term of imprisonment, to be followed by 3 years of supervised release. (There is no parole in the federal system.)
Acting U.S. Attorney Sharp expressed his appreciation for the efforts of the Lincoln Police Department, the Lancaster County Sheriff’s Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives for their outstanding efforts in the investigation and assistance during trial.
Omaha Man Sentenced for Cocaine and Methamphetamine DistributionRead the Press Release
Acting United States Attorney Jan W. Sharp announced that Esteban G. Morales, age 26, of Omaha, Nebraska, was sentenced today in federal court after his arrest in a drug trafficking sting operation. Morales was convicted on charges of methamphetamine and cocaine distribution. Senior United States District Judge Joseph F. Bataillon sentenced Morales to 151 months’ imprisonment. Morales will serve a 5-year term of supervised release following his release from the Bureau of Prisons. There is no parole in the federal system.
On October 23, 2017, Morales sold four ounces of methamphetamine to a source working with law enforcement in Omaha. On August 29, 2018, he sold four ounces of cocaine to the same source in Omaha.
This case was investigated by the Federal Bureau of Investigation.
Lincoln Men Convicted of Robbery Resulting in Murder and Firearm OffensesRead the Press Release
United States Attorney Joe Kelly announced that a federal jury in Lincoln, Nebraska, returned guilty verdicts today against Tawhyne Patterson, Sr. and Damon Williams. Patterson and Williams, both of Lincoln, were convicted of: two counts of attempted interference with commerce by robbery; using and carrying a firearm during a crime of violence; murder while using a firearm during a crime of violence; and conspiracy to possess firearms during a crime of violence. Today’s verdicts subject Patterson and Williams to prison terms of up to life. Chief United States District Judge John M. Gerrard presided over the trial and set sentencing for May 21, 2021.
The evidence at trial established that Patterson and Williams were part of a crew that targeted a Lincoln marijuana dealer for robbery. They went to the home on July 30, 2018 and returned on July 31, 2018 intent on stealing drug money.
On July 31, 2018, Patterson forced open the door and was joined by two others claiming to be Lincoln Police Officers. The robbers zip tied and restrained three children, including a child on a sleepover. Jessica Brandon, mother of two of the children, was shot as she found herself between Patterson and a safe where the robbers expected to find cash and drugs. Brandon was brought to a hospital and was later pronounced dead.
Video was recovered from the crime scene. Williams and Patterson were identified through tips from the public. They fled to Texas and were later arrested.
The case was prosecuted by Assistant United States Attorneys Lesley Woods and Dan Packard. U.S. Attorney Kelly expressed his appreciation for the efforts of the Lincoln Police Department, Lancaster County Sheriff’s Department, Lancaster County Attorney’s Office and the Federal Bureau of Investigation for their outstanding efforts in the investigation and assistance during trial.
Omaha Woman Sentenced to 72 Months for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Michelle Jensen, 36, of Omaha, Nebraska, was sentenced on February 19, 2021 by United States District Judge Robert F. Rossiter, Jr. for Conspiracy to Distribute 5 grams or more of pure methamphetamine. Jensen received a sentence of 72 months with a four-year term of supervised release to follow. There is no parole in the federal system.
Beginning in March of 2019, investigators with the Omaha Police Department began investigating Isaiah Nevins and Michelle Jensen for distributing methamphetamine in the Omaha-metro, area. Using a confidential witness, investigators made a series of controlled buys from Nevins and Jensen. Jensen was involved in controlled buys that occurred on March 20, 2019 and March 29, 2019 for 12.3 grams and 24 grams of pure methamphetamine, respectively.
Nevins was also arrested for his role in the conspiracy, which included the same two controlled buys that Jensen was involved in, as well as additional controlled buys that occurred on April 4, June 4, and June 25, 2019. Nevins is scheduled to enter a plea of guilty on March 5, 2021, before United States District Judge Robert F. Rossiter, Jr.
This case was investigated by the Omaha Police Department.
Omaha Woman Sentenced for Methamphetamine and Identity TheftRead the Press Release
United States Attorney Joe Kelly announced that Sheila Likness, 44, of Omaha, Nebraska, was sentenced today in Omaha by Senior United States District Judge Joseph F. Bataillon to 72 months’ imprisonment for Possession with Intent to Distribute 5 Grams or More of Methamphetamine (Actual), Sale of a Card Purporting to be a Social Security Card, and Aggravated Identity Theft. There is no parole in the federal system. After her release, Likness will serve a 5-year term of supervised release.
From October 11, 2019 to December 17, 2019, Likness and Thomas Povondra engaged in a scheme to provide a police officer working in an undercover capacity with personal identification documents with a name and personal identifying information that had been obtained off the dark web. On October 11, 2019, Povondra drove Likness to meet with the undercover officer at a Starbucks location in Omaha. During that October 11, 2019 meeting, Likness informed the undercover officer that she could and would sell him identification documents such as a fake driver’s license, social security card, birth certificate, passport and secondary forms of identification such as a YMCA card for $4,000. Likness stated that she obtains the identification information off the dark web. She also claimed that these documents would be able to pass scrutiny from law enforcement if the undercover officer came into contact with law enforcement.
Likness met with the undercover officer on October 31, November 5, and November 11, 2019. During these meetings, Likness sold the undercover officer 13.37 grams, 22.52 grams, and 25.08 grams of methamphetamine (actual). During these meetings, Likness discussed the progress on the identification documents that she had promised. At the November 5, 2019 meeting, Likness received $1,750 as a down payment for the documents. On November 21, 2019, Likness sent the undercover officer a picture of a passport in the name of Victim 1 with Victim 1’s date of birth.
On December 3, 2019, Povondra met with the undercover officer in the area of 153rd and Q Streets in Omaha. Povondra gave the undercover officer a blue plastic folder, which had documents purporting to be a Social Security Card, a birth certificate, a high school diploma, and high school transcripts in the name of Victim 1 with Victim 1’s personal identifying information such as date of birth and Social Security Number. Povondra discussed the progress of the passport with the undercover officer and the status of its production. Povondra also received an additional $100 from the undercover officer for the delivery of the documents.
On December 17, 2019, a search warrant was executed at the residence shared by Likness and Povondra in Omaha. Numerous computers, a credit card scanner, blank ID and credit cards, laminate material, blank checks, and papers with the identifying information of other individuals were located. Following the December 17 search warrant, Povondra provided a laptop belonging to Likness to a third-party that had not been found by law enforcement during the search warrant. Povondra told the third-party to place the contents of the laptop on the external hard drive and then destroy the laptop.
Povondra was sentenced to 42 months’ imprisonment on November 9, 2020.
This case was investigated by the Federal Bureau of Investigation, the Omaha Police Department, the Social Security Administration-Office of the Inspector General, and the United States Department of State-Diplomatic Security Service.
Omaha Man Sentenced to 20 Years for Conspiring to Distribute Methamphetamine and Possessing a FirearmRead the Press Release
United States Attorney Joe Kelly announced that Felipe Hernandez Molina, age 26, of Omaha, Nebraska, was sentenced today in federal court in Omaha, after having pleaded guilty to Conspiracy to Distribute Methamphetamine and Possession of a Firearm in Connection with a Drug Trafficking Crime. Senior United States District Court Judge Joseph F. Bataillon sentenced Felipe Hernandez Molina to 20 years’ imprisonment. Molina’s sentence included a consecutive 5-year term of imprisonment for possessing a firearm while distributing drugs. After completing his term of imprisonment, Molina will be required to serve a 10-year term of supervised release as there is no parole in the federal system. Molina also forfeited all the U.S. currency seized during his arrest.
On September 20, 2019, officers with the Omaha Police Department made a traffic stop near 17th and Castelar in Omaha, after observing a car driven by Molina commit two traffic infractions. Upon making contact officers noticed several indicators that Molina was involved in criminal activity and he was ordered out of the car for a pat down search. While exiting the car, Molina placed a bundle of U.S. currency inside the driver’s door. A separate bundle of currency was found on his person. Officers called for a drug detecting canine that alerted to the odor of narcotics coming from within the car. A search revealed drug paraphernalia, a total of $7,836 in cash, approximately 144 grams of methamphetamine, and a black Ruger SR22 handgun all near the center console. During a post-arrest interview at the scene, Molina admitted to selling methamphetamine and purchasing multiple pounds.
This case was investigated by the Omaha Police Department and Bureau of Alcohol Tobacco, Firearms, and Explosives task force as 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.
Omaha Man Sentenced for Distribution of Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Andrew L. Foster, 36, of Omaha, Nebraska, was sentenced today in federal court in Omaha for distribution and receipt of Child Pornography. Senior United States District Judge Joseph F. Bataillon sentenced Foster to 60 months’ imprisonment. There is no parole in the federal prison system. After his release from prison, Foster will serve 8 years of supervised release.
In July 2019, members of the FBI Child Exploitation and Human Trafficking Task Force began investigating a Cyber Tipline Report from Dropbox stating that a user had uploaded multiple images and videos of child pornography. On August 1, 2019, officers executed at search warrant at Foster’s residence in Omaha and seized several electronic devices. During execution of the warrant, officers contacted Foster who admitted to collecting child pornography in multiple online storage platforms and admitted to sending child pornography to other online users in order to gain their trust. Four of the devices seized from Foster’s residence were determined to contain at least 1,989 images and 673 videos depicting 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.
This case was investigated by the Federal Bureau of Investigation.
Grand Jury - February 2021Read the Press Release
United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 17 unsealed Indictments charging 19 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.
* Clifford R. Badberg, age 64, is charged with bank theft for stealing an ATM from Giltner State Bank on or about February 15, 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.
* Edward J. Barta, age 45, of Papillion, Nebraska, is charged with drug user in possession of a firearm on or about December 20, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Manuel Castro Gabriel, age 26, is charged with illegal reentry after deportation on or about December 21, 2020. 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.
* Blake D. Colson, age 29, of Omaha, is charged with theft of firearms on or about November 8, 2020 and continuing to on or about January 5, 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 firearms seized on or about January 5, 2021.
* Gilbert Cruz Hernandez, age 45, of Hemet, California, is charged with possession with intent to distribute 50 grams or more of methamphetamine on or about August 8, 2020. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, and a $100 special assessment.
* Robert D. Dankemeyer, age 60, of Deshler, Nebraska, is charged in a two-count Indictment. Count I charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine (actual) between on or about June 22, 2020 and June 27, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment. Count II charges the defendant with felon in possession of a firearm between on or about June 22, 2020 and June 27, 2020. 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.
* Kaden Henry, age 22, is charged in a two-count Indictment. Count I charge the defendant with conspiracy and possession with intent to distribute 50 grams or more of methamphetamine on or about November 2016 and continuing to on or about November 12, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. Count II charges the defendant with concealment money laundering on or about November 2016 and continuing to on or about November 12, 2020. The maximum possible penalty if convicted is 20 years’ imprisonment, a $500,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Delbert Lewis, age 27, is charged with a felon in possession of a firearm on or about December 21, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Carlos Lomeli-Jimenez, age 37, is charged with illegal reentry after deportation on or about February 3, 2021, following an aggravated felony conviction. 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.
* Craig S. Marsh, age 32, of Kearney, Nicole T. Beattie, a/k/a Nicole T. Barr, age 28, of Kearney, and Jeremy S. Gerdes, age 37, of Kearney, are charged in a two-count Indictment. Count I charges the defendants with possession with intent to distribute 50 grams or more of methamphetamine (actual) and 50 grams or more of methamphetamine (mixture) on or about October 29, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, and a $100 special assessment. Count II charges Marsh with distribution of 5 grams or more of methamphetamine (actual) on or about October 26, 2020. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, and a $100 special assessment.
* Victor Gerado Mendez-Gil, age 32, is charged with possession with intent to distribute 500 grams or more of methamphetamine on or about February 16, 2021. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, and a $100 special assessment.
* Luis D. Pelayo Alcantar, age 26, is charged with illegal reentry after deportation on or about October 5, 2020. 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.
* Monty Roesler, age 61, of Lincoln, Nebraska, is charged in a two-count Indictment. Count I charges Roesler with abusive sexual contact of a ward on or about October 7, 2020. The maximum possible penalty if convicted is two years’ imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment. Count II charges the defendant with abusive sexual contact of a ward on or about September 21, 2020 and continuing to on or about October 6, 2020. The maximum possible penalty if convicted is two years’ imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment.
* William J. Stafford, age 43, of Omaha, is charged in a two-count Indictment. Count I charges the defendant with possession with intent to distribute 5 grams or more of methamphetamine (actual) on or about November 7, 2020. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, four-year term of supervised release, and a $100 special assessment. Count II charges the defendant with felon in possession of a firearm on or about June 26, 2020. 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.
* Lloyd Torske, age 35, of Carter Lake, Iowa, is charged in a two-count Indictment. Count I charges the defendant with felon in possession of ammunition on or about December 29, 2020. 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 the defendant with felon in possession of a firearm on or about January 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.
* Jerrell S. Tyndall, age 25, of Macy, Nebraska, is charged in a two-count Indictment. Count I charges Tyndall with being a felon in possession of a firearm on or about January 14, 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 the defendant with tampering with documents or proceedings on or about February 12, 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.
* Lonnie Woodhull, age 20, is charged with interstate transportation of a stolen vehicle on or about December 18, 2020. 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.
Lincoln Man Convicted for Receipt of Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that James Chase, 53, of Lincoln, Nebraska, was sentenced today in Lincoln by Senior United States District Judge Richard G. Kopf for receipt of child pornography. Chase was sentenced to 6 years in prison and 8 years of supervised release. There is no parole in the federal system.
This case began with a cyber tip from Kik indicating that Chase uploaded an image of suspected child pornography in November of 2018. Following a review of the cyber tip and image, agents with Homeland Security Investigations went to Chase’s home and interviewed him on November 12, 2019. Chase informed the agent of his email – which was the email used to create the Kik account that uploaded the child pornography. Chase admitted that he came across child pornography on Kik and that he had been in some child pornography Kik groups.
Chase provided consent to search his tablet and phone. The examination of the tablet revealed 20 images containing child pornography. Based on the images found on the tablet, a search warrant was received authorizing a search of Chase’s home to seize electronic devices found therein. The search warrant was executed on November 18, 2019. A forensics examination was completed on the devices seized, revealing an additional 6 images and 3 videos of child pornography on Chase’s laptop computer.
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 Homeland Security Investigations.
$2.25 Million Fund Available in Justice Department Settlement with AmtrakRead the Press Release
Amtrak recently began accepting claims for monetary compensation for people with mobility disabilities who traveled or wanted to travel from or to one of 78 stations nationally and encountered accessibility issues at the stations, one of which is located in Holdredge, Nebraska. Claims must be submitted by May 29, 2021.
On December 2, 2020, the Department of Justice and Amtrak, the National Railroad Passenger Corporation, entered into an agreement to resolve the department’s findings of disability discrimination in violation of the Americans with Disabilities Act (ADA). Under the agreement, Amtrak will fix inaccessible stations and pay $2.25 million to victims hurt by inaccessibility at the 78 stations.
To be eligible for monetary compensation, an individual must:
- Have a mobility disability;
- Be harmed physically or emotionally because of accessibility issues, including, for example, inaccessible parking; steep slopes or steps to get to the station; lack of directional signs; toilet rooms with inaccessible entrances, stalls, or sinks; high ticket counters; deteriorated platforms; and narrow routes at stations, at one or more of the stations listed below between July 27, 2013 and December 2, 2020;
- Have lived at, visited, or desired to visit a place closer to one or more of the stations listed below than an accessible, alternative Amtrak station; and
- Submit a claim form and declaration by mail, fax, email or online to the claims administrator by no later than May 29, 2021. Help is available from the settlement administrator for those who are unable to complete the claim form due to a disability.
Questions about making claims (and the 77 other stations in addition to Holdredge, Nebraska) should be directed to the settlement administrator by any of the following methods:
- Online: AmtrakDisabilitySettlment.com
- Email: [email protected]
- Telephone (toll-free): 1-888-334-6165
- TTY Telephone (toll-free): 1-866-411-6976
This action was brought by the Disability Rights Section of the Justice Department’s Civil Rights Division. For more information about the Civil Rights Division, please visit www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 888-514-0301 (TDD 800-514-0383) or visit www.ada.gov.
Mexican Man Sentenced for Violent Kidnapping of Omaha WomanRead the Press Release
United States Attorney Joe Kelly announced that Luis Maria-Aguado, 33, was sentenced today in federal court in Omaha, Nebraska, for kidnapping. Chief United States District Judge John M. Gerrard sentenced Maria-Aguado to 125 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. Maria-Aguado is a citizen of Mexico and will be deported at the completion of his prison term.
On the evening of April 12, 2019, Omaha Police Department (OPD) officers were dispatched to an Omaha address in response to a reported disturbance. Upon arrival, officers made contact with an Omaha woman (the victim) and her 17-year-old daughter. The victim and her daughter reported threats of violence from the victim’s estranged boyfriend, Maria-Aguado. The victim reported that she had ended her relationship with Maria-Aguado and he recently had moved out of her residence. The victim further reported that two days prior, on April 10, 2019, Maria-Aguado became upset with the victim during an argument at the home, grabbed her hair, and threatened to kill her. The victim provided investigators with threatening text messages from Maria-Aguado to her which included photos of mutilated men and bloodied torsos. On April 12, Maria-Aguado showed up at the victim’s residence and made entry through the basement after the victim locked the front door. The victim locked herself in a bathroom and called police when Maria-Aguado began to kick the bathroom door. Maria-Aguado left when she told him the police were coming to arrest him.
A few weeks later, on May 7, 2019, the victim’s employer contacted OPD seeking a well-being check of the victim since she had not appeared for work that day. OPD made contact with the victim’s daughter, who reported that she had not seen her mother since the prior night.
Investigators quickly located the victim’s car at the Planet Fitness parking lot and observed that her wallet and purse were still inside. They were able to obtain video surveillance footage from the Planet Fitness which showed the victim arrived and parked late on May 6. The surveillance footage showed the victim pulling into the lot in her car followed by a black Dodge Avenger. After several minutes elapsed, the victim got out of her car and got into the Avenger, which then exited the parking lot.
Detectives assigned to the OPD Missing Person’s Unit began gathering data from the victim’s and Maria-Aguado’s cell phones. Information obtained included a failed 911 call made on May 7, 2019, at 12:30 a.m. from the victim’s phone while located in the area of Lake Manawa in Council Bluffs, Iowa. Her phone was shut off thereafter. OPD detectives requested and obtained an emergency order for the collection of location data for Maria-Aguado’s cellular telephone. The location data showed that on May 7, 2019, the phone was located at the Lake Manawa State Park in Council Bluffs, Iowa, areas of south Omaha, Nebraska, with continued movement south on Highway 75 near Bellevue, Nebraska, eventually traveling into Kansas.
OPD investigators obtained an arrest warrant for terroristic threats for Maria-Aguado based on the report made by the victim on April 12, 2019. The Federal Bureau of Investigation (FBI) Omaha Division and the OPD notified the FBI Kansas City Division Violent Crime Task Force of the kidnapping of the victim by Maria-Aguado, and provided the FBI Kansas City Division with the most recent cell phone location data. Based on the information provided, on May 7, 2019, at approximately 8:45 p.m., the FBI Kansas City Violent Crimes Task Force was able to locate the victim and Maria-Aguado outside of a Walmart store in Roeland Park, Kansas. Maria-Aguado was apprehended.
Investigators later determined that Maria-Aguado followed the victim to the Planet Fitness on the night of May 6, 2019. Maria-Aguado told her he would hurt her if she didn’t get into his car, so the victim complied. After she got into Maria-Aguado’s car, he drove her to a secluded area in Lake Manawa State Park in Council Bluffs, Iowa, where he threatened to kill her. He choked her when she screamed for help, and when she tried to run away Maria-Aguado pushed her to the ground and choked her with his hands. Maria-Aguado forced the victim back in his vehicle and told her to pray while threatening to kill her. The victim stated that Maria-Aguado attempted to strangle her with his belt while they were in his car. The victim later told investigators that Maria-Aguado’s plan was to take her to Mexico with him.
This case was investigated by Omaha Police Department and the Federal Bureau of Investigation Omaha Division, with assistance from the Federal Bureau of Investigation Kansas City Division Violent Crime Task Force.
Former Dodge County Deputy Sheriff Pleads Guilty to $10 Million Fraud SchemeRead the Press Release
United States Attorney Joe Kelly announced that former Dodge County Deputy Sheriff Craig Harbaugh entered a plea of guilty today before Senior United States District Judge Joseph F. Bataillon to wire fraud. The scheme to defraud deprived six individual victims and one federally insured bank of a combined loss of $10,979,214. It is alleged that the individuals suffered more than $6 million in losses and the bank suffered the remainder.
Former Deputy Harbaugh agreed to a factual basis in support of his plea. He admitted falsifying purchase orders and contracts for his privately owned business, “Tactical Solutions Gear,” a federal firearms licensee with a former location in Fremont, Nebraska. Harbaugh agreed that he used the false purchase orders and contracts to induce individuals in the community to invest in his firearms business with the expectation that they would receive a return when Harbaugh filled the purchase orders. Harbaugh also used the falsified documents to obtain lending from a federally insured bank. In fact, Harbaugh did not have any standing or open purchase orders or contracts with any of the companies or government entities that he falsely claimed to be doing business when he induced the victims to invest with him.
Harbaugh falsely claimed that he had existing contracts and purchase orders to sell firearms and tactical gear to agencies and entities including: the Illinois State Police, Kansas Department of Wildlife, Nebraska State Patrol, the Kansas City Police Department, Werner Enterprises, other law enforcement agencies, and one defense contractor. Harbaugh essentially ran a Ponzi scheme. In an email obtained by the Federal Bureau of Investigation, he stated he was “irresponsible, immoral, criminal, and selfish” for deceiving the bank. Harbaugh was a Dodge County Deputy Sheriff the entire time that he was running this scheme.
After today’s conviction, FBI Omaha Special Agent in Charge Eugene Kowel said, “Craig Harbaugh exploited his position as a sheriff’s deputy to take advantage of victims who invested their life savings with him. Today’s plea demonstrates that no one is above the law. The FBI and our law enforcement partners will continue to ensure those who commit fraud are brought to justice, even if they wear a badge.”
Wire fraud carries a possible sentence of up to 20 years in federal prison, up to a $250,000 fine, and up to three years of supervised release that could follow any term of imprisonment. Harbaugh’s sentencing is scheduled for May 10, 2021 before Senior Judge Bataillon.
This case was investigated by the Federal Bureau of Investigation.
Iowa Man Sentenced to 10 Years in Prison for Plot to Harm Federal OfficialsRead the Press Release
United States Attorney Joe Kelly announced that Justin Lee Fletcher, 39, of Des Moines, Iowa, was sentenced on February 4, 2021 in Council Bluffs, Iowa, by Senior United States District Judge Joseph F. Bataillon to 120 months’ imprisonment for four counts of solicitation to commit a crime of violence. Fletcher was also sentenced to 21 months for failing to register as a sex offender and 21 months for a supervised release violation. There is no parole in the federal system. Fletcher will begin a lifetime term of supervised release upon his release from prison. The time will run concurrent for all three cases.
An investigation conducted by the Federal Bureau of Investigation determined that from May 15, 2019, through August 8, 2019, in the Southern District of Iowa, Fletcher was an inmate at the Polk County Jail, Des Moines, Iowa, facing federal charges for failing to register as a sex offender. While at the Polk County Jail, Fletcher communicated with numerous other inmates. Fletcher believed that one of these inmates had gang contacts that would harm individuals in exchange for payment. During the course of communications with this inmate, Fletcher solicited the inmate’s gang contacts to physically assault officials in the Southern District of Iowa to include a United States District Court Judge, an Assistant United States Attorney, a former Assistant United States Attorney, and a United States Probation Officer. Specifically, Fletcher solicited the inmate’s gang contacts to have the United States District Court Judge's eyes and nose injured. Fletcher solicited inmate’s gang contacts to have Assistant United States Attorney’s fingers cut-off. Fletcher solicited the inmate’s gang contacts to have the United States Probation Officer’s knee and tongue injured. Fletcher also solicited the inmate’s gang contacts to have the former Assistant United States Attorney’s back injured.
The FBI became aware of Fletcher’s intentions in June 2019. The FBI intercepted a coded letter handwritten by Fletcher to an individual located outside of the Polk County Jail. The FBI was able to decrypt the letter, which stated “THEY CUT FIVE OF HIS FINGERS OFF.”
During the course of continued communications with the inmate, Fletcher was recorded discussing the specific injuries he wanted done to the United States District Court Judge, Assistant United States Attorney, former Assistant United States Attorney, and United States Probation Officer. Fletcher and inmate also discussed payments to be made to the inmate’s gang contacts.
The FBI determined that Fletcher’s threats to assault the aforementioned individuals were with the intent to retaliate against those individuals because of their performance of official duties during their respective term of service.
FBI Omaha Special Agent in Charge Eugene Kowel said, “After 10 years in federal prison, Fletcher will spend the rest of his life under federal supervision. His case serves as a reminder that the FBI and our law enforcement partners will bring all of our investigative resources to bear on those who threaten the lives of federal officials.”
The United States Attorney’s Office for the District of Nebraska was specially appointed to handle the prosecution of Fletcher in the Southern District of Iowa after the United States Attorney’s Office for the Southern District of Iowa was recused as a result of a conflict. Senior United States District Judge Joseph F. Bataillon was appointed to preside over the prosecution of Fletcher in the Southern District of Iowa after the formerly assigned United States District Court Judge determined there was a conflict.
This case was investigated by FBI Des Moines – Central Iowa Gang Task Force (CIGTF), which is a Safe Streets Task Force focusing on violent crime, assisted by the U.S. Marshal’s Service in Des Moines.
Grand Island Man Sentenced for Distribution of MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Elias Mendoza, 25, of Grand Island, was sentenced on February 5, 2021, in federal court in Lincoln, Nebraska for three counts of distribution of methamphetamine and one count of felon in possession of a firearm. Chief United States District Judge John M. Gerrard sentenced Mendoza to 140 months in federal prison for each of the three counts of distribution of methamphetamine, and 120 months for being a felon in possession of a firearm, with each count to be served concurrently with one another. Following the prison term, Mendoza will serve five years on supervised release. There is no parole in the federal system.
In August of 2019, Mendoza sold a confidential informant methamphetamine on three occasions. The total quantity of all sales amounted to approximately 140 grams of methamphetamine. The methamphetamine was tested by the Nebraska State Patrol lab at 99% purity. Additionally, on August 20, 2019, Mendoza sold the same confidential informant a handgun. Mendoza was a felon at the time as a result of prior Burglary and Terroristic Threats convictions. As a convicted felon Mendoza is prevented from possessing a firearm.
This case was investigated by the Central Nebraska Drug and Safe Streets Task Force, which is made up of officers from the Grand Island Police Department, Hall County Sheriff, Hastings Police Department, Adams County Sheriff, Kearney Police Department, Buffalo County Sheriff, Nebraska State Patrol, Homeland Security Investigations and the FBI.
Dominican Republic Man Sentenced to 132 Months for Transporting FentanylRead the Press Release
United States Attorney Joe Kelly announced that Nelson Nicholas Nunez-Acosta, 55, of La Vega, Dominican Republic, was sentenced on February 4, 2021 by Chief United States District Judge John M. Gerrard for Possession with Intent to Distribute 400 grams or more of fentanyl. Nunez-Acosta received a sentence of 132 months with a five-year term of supervised release to follow. There is no parole in the federal system.
On April 26, 2018, a Nebraska State Patrol trooper conducted a traffic stop on an NNN Transport semi-truck hauling a refrigerated trailer for a traffic violation. The driver, Felipe Minaya, was an employee of NNN Transport, and the passenger, Nelson Nicholas Nunez-Acosta, was the company owner. During the course of the traffic stop, the trooper became suspicious of criminal activity. While inspecting the refrigerator unit inside the trailer, the trooper determined that there was a hidden compartment concealed behind the unit. After accessing the hidden compartment, the trooper discovered 42 bricks containing 118 pounds of fentanyl.
Further investigation by the Nebraska State Patrol determined that Minaya became aware that he was hauling narcotics when Nunez-Acosta flew from New Jersey to California to meet him. During this time, the semi-trailer was loaded with the fentanyl. In addition to the criminal sentence, Nunez-Acosta also forfeited the semi-truck.
Minaya was sentenced on November 9, 2020, to 70 months’ imprisonment with a three-year term of supervised release to follow.
This case was investigated by the Nebraska State Patrol.
Omaha Man Sentenced to 221 Months for Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that John A. Duncan, age 37, of Omaha, Nebraska, was sentenced today to 221 months’ imprisonment for receipt and distribution of child pornography by Senior United States District Judge Joseph F. Bataillon. There is no parole in the federal system. After his release from prison, Duncan will be on supervised release for life and will be required to register as a sex offender. In addition, the terms of Duncan’s supervised release prohibit him from having any contact with children under the age of 18, unless it is approved by the United States Probation Office. He was ordered to pay $22,000 in restitution.
An investigation conducted by the FBI determined that in July of 2019, Discord, Inc., a digital file sharing application, reported that between February 9, 2019 and March 3, 2019, several files of minors under the age of 12 engaging in sexually explicit conduct were distributed at various times to other users of that application. Discord captured multiple Internet Protocol (IP) addresses and an associated email account that was used to upload the images of the minors. The FBI obtained information related to the IP addresses and email account, which ultimately identified Duncan as being associated with the Discord account at the time the child pornography was distributed. The FBI further determined that Duncan resided in Omaha, Nebraska.
The FBI executed a federal search and seized Duncan’s cellular phone. Forensic analysis of the cellular phone found 42 images of minors engaging in sexually explicit conduct, including the specific images of minors engaging in sexually explicit conduct that were identified in the Discord application distributions. Duncan admitted that he distributed the child pornography from Omaha.
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 Omaha FBI's Child Exploitation and Human Trafficking Task Force.
Grand Jury - January 2021Read the Press Release
United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 22 unsealed Indictments charging 28 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.
* Mitchell D. Abraham, age 22, of Omaha, is charged with transportation of a minor with intent to engage in criminal sexual activity beginning on December 8, 2020 and continuing through December 31, 2020. The maximum possible penalty if convicted is life imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment.
* Megan Louise Anderson, age 35, is charged in a two-count Indictment. Count I charges the defendant with conspiracy to distribute and possession with intent to distribute 50 grams or more of methamphetamine beginning November 4, 2020 and continuing through November 18, 2020. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, four-year term of supervised release, and a $100 special assessment. Count II charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine on or about November 18, 2020. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, four-year term of supervised release, and a $100 special assessment.
* Marcos Aviles-Cruz, age 31, is charged with illegal reentry after deportation on or about December 22, 2020, following an aggravated felony conviction. 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.
* Eliseo Barrera-Peraza, age 48, of Council Bluffs, Iowa, is charged with distribution of 500 grams of methamphetamine (mixture) on November 17, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment.
* Perrion Bluford, age 19, of Lincoln, Nebraska, is charged in a two-count Indictment. Count I charges the defendant with possession with intent to distribute marijuana and methylenedioxymethamphetamine on January 13, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, three-year term of supervised release, and a $100 special assessment. Count II charges the defendant with knowingly possessing a firearm in furtherance of a drug trafficking crime on or about January 13, 2021. The maximum possible penalty if convicted is life 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 January 13, 2021.
* David Cantu a/k/a Eswin Lopez, age 27 of Crete, Nebraska, is charged with attempted coercion and enticement of a minor beginning October 27, 2020 through on or about January 15, 2021. The maximum possible penalty if convicted is life imprisonment, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment.
* Cody A. Cape, age 21, of Blair, Nebraska, is charged in a three-count Indictment. Count I charges the defendant with threatening to murder a federal law enforcement officer beginning on November 1, 2020 through on or about December 25, 2020. 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 the defendant with interstate kidnapping beginning on or about December 24, 2020. The maximum possible penalty if convicted is life imprisonment, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment. Count III charges the defendant with brandishing a firearm during and in relation to a crime of violence on or about December 24, 2020. The maximum possible penalty if convicted is 7 years’ consecutive imprisonment, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment.
* Carla Colliers a/k/a Carla Kochen a/k/a Carla Arndt, age 44, and James Finley, age 36, are charged in a four-count Indictment. Count I charges the defendants with conspiracy to distribute and possession with intent to distribute 50 grams or more of methamphetamine (actual) beginning on June, 2020 and continuing through November 12, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. Count II charges Colliers with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about September 24, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. Count III charges Colliers with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about November 12, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. Count IV charges Finley with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about November 12, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, 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 24, 2020.
* Samuel D. Edwards, a/k/a Samuel Dean Edwards, a/k/a Samuel Edwards, a/k/a Samuel Donkey Edwards, age 34, of Omaha, is charged with failure to register as a sex offender beginning October, 2019 through on or about January, 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.
* Valentin Diaz Hernandez, age 27, is charged with illegal reentry after deportation on or about January 1, 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.
* Bryan A. Erdman, age 49, of Omaha, is charged in a nine-count Indictment with failure to pay over withholding and FICA taxes beginning 2015 through 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 for each count.
* Brandon Escamilla, age 18, of Lincoln, Nebraska, is charged in a three-count Indictment. Count I charge the defendant with possession with intent to distribute marijuana and cocaine on or about April 23, 2019 and December 16, 2020. The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, three-year term of supervised release, and a $100 special assessment. Count II charge the defendant with possession of a firearm in furtherance of a drug trafficking crime on or about April 23, 2019 and December 16, 2020. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment. Count III charges the defendant with unlawful user in possession of firearms on or about April 23, 2019 and December 16, 2020. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment.
* Brandon Goodsell, age 33, is charged in a three-count Indictment. Count I charges the defendant with possession with intent to distribute 50 grams of methamphetamine on August 2, 2020. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, four-year term of supervised release, and a $100 special assessment. Count II charge the defendant with using, carrying a firearm in relation to a drug trafficking crime on or about August 2, 2020. The maximum possible penalty if convicted is 5 years’ imprisonment consecutive, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment. Count III charges the defendant with prohibited person in possession of firearm on August 2, 2020. 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.
* Patricia Jacobsen, age 34, of Omaha, Elycia Washington, age 22, and Brandy Williamson, age 38, are charged in a three-count Indictment. Count I charges the defendants with conspiracy to distribute and possession with intent to distribute 50 grams or more of methamphetamine (actual) beginning in August, 2020 and continuing through October 21, 2020. The maximum possible penalty if convicted is life imprisonment, $50,000,000 fine, 10-year term of supervised release, and a $100 special assessment. Count II charges Jacobsen with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about October 20, 2020. The maximum possible penalty if convicted is life imprisonment, $50,000,000 fine, 10-year term of supervised release, and a $100 special assessment. Count III charges Washington and Williamson with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about October 21, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, 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 October 20, 2020.
* Aarion Jenkins, age 25, of Omaha, is charged in a three-count Indictment with distribution of marijuana beginning on November 22, 2019 and continuing through December 13, 2019. The maximum possible penalty if convicted is 5 years’ imprisonment, $250,000 fine, life term of supervised release, and a $100 special assessment for each count.
* Felipe Licea-Salazar, age 23, is charged with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about October 9, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment.
* Arturo Maldonado-Medina, a/k/a Fidencio Alvarez Avila, a/k/a Oscar Hernandez Lara, age 46, is charged with illegal reentry after deportation on or about December 26, 2020. 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.
* Jesse Neri, age 20, of Omaha, and Oswaldo Neri, age 28, of Omaha, are charged in a three-count Indictment. Count I charges the defendants with conspiracy to distribute and possession with intent to distribute 500 grams or more of methamphetamine beginning January 1, 2021 and continuing through January 8. 2021. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. Count II charges the defendants with possession with intent to distribute 500 grams or more of methamphetamine on or about January 12, 2021. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. Count III charges Jesse distribution of 50 grams or more of methamphetamine on or about January 5, 2021. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, four-year term of supervised release, and a $100 special assessment.
* Charles Pierce, age 58, of Milford, Nebraska, is charged with obtaining oxycodone by misrepresentation, fraud, forgery, deception, or subterfuge on or about January, 2020 to on or about September, 2020. The maximum possible penalty if convicted is 4 years’ imprisonment, $250,000 fine, one-year term of supervised release, and a $100 special assessment.
* Stetson Reinick, age 32, of Potter, Nebraska, and Stephanie Mitchell, age 27, of Potter, Nebraska, are charged in a two-count Indictment. Count I charges the defendants with possession with intent to distribute 5 grams or more of methamphetamine (actual) on September 21, 2020. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, four-year term of supervised release, and a $100 special assessment. Count II charges Reinick with felon in possession of a firearm on or about September 21, 2020. 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.
* Katherine L. Woitaszewski, age 33, of West Point, Nebraska, and Henry Poteet, age 64, are charged with conspiracy to commit escape from a Bureau of Prisons facility on or about October 28, 2020. 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.
* Katherine L. Woitaszewski, age 33, of West Point, Nebraska is charged with felon in possession of a firearm on September 18, 2020. 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.
Colorado Man Sentenced to 19 Years for Enticing a MinorRead the Press Release
United States Attorney Joe Kelly announced that Nathan Lee Kempter, 33, of Littleton, Colorado, was sentenced today in Lincoln, Nebraska, by Chief United States District Judge John M. Gerrard. Kempter was previously found guilty by a jury for enticement of a minor and travel with intent to engage in illicit sexual conduct. Kempter was sentenced to 19 years in prison. After his release from prison, he will begin a 12-year term of supervised release. There is no parole in the federal system. Kempter will also be required to register as a sex offender.
In August of 2019, the Lincoln Police Department was contacted about a missing 14-year-old girl. The girl had last been heard talking to someone on the phone. She had been observed near her residence getting into a red, four-door SUV and leaving the area. Her phone was reviewed for additional information and revealed a Colorado telephone number that she had called. The number belonged to Kempter who resided in Highlands Ranch, Colorado. Kempter was also the registered owner of a red 2015 Nissan SUV. The police were able to track the movement of Kempter’s cellphone and determined it was located just across the Nebraska/Colorado border on Interstate 76. Lincoln Police contacted law enforcement authorities in Colorado.
On August 02, 2019 at 11:54 p.m., Douglas County, Colorado Sheriff’s deputies saw Kempter driving toward his residence in Highland Ranch, Colorado. Deputies stopped the vehicle in front of the residence and Kempter was arrested. At that time, Kempter informed the deputies that the young girl in his vehicle was 14 years old.
The 14-year-old stated she met Kempter on the Reddit website, in a chat room for teen runaways. Her screen name indicated she was a 14-year-old female. After communicating with Kempter on Reddit, they moved their conversation to Tumblr, another social media platform, and exchanged messages between July 23, 2019 and August 2, 2019. During these conversations, Kempter made it known he wanted to have sex with the girl and would bring her to Colorado.
After picking her up at her residence in Nebraska, Kempter began to drive west on Interstate 80. She was told to lay down in the front seat and cover herself. At some point while in Nebraska, Kempter stopped at a Walmart so that he could buy her new clothes. Evidence obtained in a search of Kempter’s vehicle revealed the purchase of boy’s pants, a shirt, and a blanket.
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 Lincoln Police Department, the Douglas County Sheriff’s Department in Colorado and the Federal Bureau of Investigation.
Council Bluffs Woman Sentenced for Possessing Firearm and Methamphetamine with Intent to DistributeRead the Press Release
United States Attorney Joe Kelly announced that Jade Good, 34, of Council Bluffs, Iowa, was sentenced today in federal court in Omaha, Nebraska, for possession with the intent to distribute methamphetamine and possessing a firearm in connection with a drug trafficking crime. United States District Judge Robert F. Rossiter, Jr. sentenced Good to imprisonment for a term of 180 months. There is no parole in the federal system. After her release from prison, she will begin a 5-year term of supervised release.
On January 21, 2018, narcotics investigators served a warrant authorizing the search of Good’s room at a motel on South 13th Street in Omaha. When officers entered the room, they observed Good with a loaded 9mm firearm, over $27,000 in U.S. currency, and over 500 grams of methamphetamine in her possession. The currency was administratively forfeited to the Omaha Police Department.
This case was investigated by Omaha Police Department.
Protester Sentenced for Being in Possession of Molotov CocktailRead the Press Release
United States Attorney Joe Kelly announced that Steven M. Fitch, age 25, of Council Bluffs, Iowa, was sentenced today in federal court in Omaha, Nebraska, by United States District Judge Brian C. Buescher for being in unlawful possession of a destructive device. Judge Buescher sentenced Fitch to 30 months’ imprisonment. There is no parole in the federal system. Once Fitch is released from prison, he will begin a three-year term of supervised release.
An investigation conducted by the Omaha Police Department, the Douglas County Sheriff’s Office, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco and Firearms determined that on May 31, 2020, Fitch was participating in protests in and around downtown Omaha. During the protests, Fitch was encountered by officers with the Omaha Police Department at 15th and Jackson Streets. Officers determined Fitch possessed a destructive device, also known as a Molotov cocktail, which is a firearm under the National Firearms Act. The Molotov cocktail was located in Fitch’s front pants pocket and consisted of a glass bottle with clear liquid inside and a red rag protruding out of the opening. Fitch also had several lighters in his front pants pocket.
Douglas County Sheriff’s Forensic Services Bureau tested the red rag that was attached to the Molotov cocktail, which was positive for containing the chemical “Gasoline.” The Molotov cocktail was in operating condition and was capable of exploding when ignited.
The Bureau of Alcohol, Tobacco, and Firearms determined that the Molotov cocktail device was not registered to Fitch as required by the National Firearms Registration and Transfer Record.
“This case demonstrates the commitment of ATF and our Law Enforcement partners to investigate those that threaten the life and property of others by introducing violence and fear into peaceful, well-intended protests,” said Fred Winston, Special Agent in Charge of ATF’s Kansas City Field Division.
This case was investigated by the Omaha Police Department, the Douglas County Sheriff’s Office, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco and Firearms.
Lincoln Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Travis Lawrence Ferguson, 32, of Lincoln, was sentenced on January 14, 2021 by Chief United States District Judge John M. Gerrard to 10 years and 10 months in federal prison for conspiracy to distribute and possess with the intent to distribute methamphetamine. Ferguson was found guilty of the charge by a Lincoln jury in October of 2020 after a four-day trial. The jury found Ferguson responsible for less than 50 grams of methamphetamine mixture. Following the prison term, Ferguson will serve a three-year term of supervised release. There is no parole in the federal system.
Over the course of the trial, a number of Ferguson’s co-conspirators testified about his involvement in the distribution of methamphetamine in the Lincoln area between January of 2015 and April of 2019. In addition, a Lincoln Police Officer found Ferguson to be in possession of a digital scale containing methamphetamine residue in January of 2019, and Ferguson was identified from store surveillance video as the person who drove one of his co-conspirators to a Lincoln convenience store to sell methamphetamine to an undercover police officer in February of 2019.
This case was investigated by the Lincoln/Lancaster County Narcotics Task Force.
Arizona Man Sentenced to 20 Years in Interstate Methamphetamine Distribution ConspiracyRead the Press Release
United States Attorney Joe Kelly announced that Reiko Elio Penunuri, 42, of Arizona, was sentenced today in federal court in Omaha, Nebraska for conspiracy to distribute methamphetamine and for use of facilities in interstate commerce in aid of racketeering. A cellular phone is a “facility” as used in the relevant criminal statute. United States District Judge Brian C. Buescher sentenced Penunuri to 240 months’ imprisonment. There is no parole in the federal system. After his release from prison, Penunuri will serve a 5-year term of supervised release.
During the first few months of 2018, investigators intercepted wire and electronic communications among co-defendant Jasive Zamora-Carrillo, Penunuri, and their co-defendants involving methamphetamine trafficking in the Omaha, Nebraska, and Council Bluffs, Iowa, metropolitan areas. Penunuri was among the persons intercepted and identified during the investigation. During that time, Penunuri, acting in agreement with others, distributed pound and multi-pound quantities to local customers. In furtherance of his methamphetamine trafficking activities, Penunuri traveled interstate between Nebraska, Arizona, and Iowa, and used a cellular phone in interstate commerce.
On June 5, 2018, investigators arrested several members of the drug trafficking organization. Investigators also executed search warrants at several locations and recovered more than 10 pounds of methamphetamine, drug ledgers, bank records, several firearms (including an AR-15 style rifle), and $22,000 of U.S. Currency, which has been forfeited to the United States as drug proceeds. Investigators thereafter learned that Penunuri left the local area and traveled to Mexico on the morning of June 3, 2018. Penunuri, a U.S. Citizen, resided in Hermosillo, Mexico until U.S. Customs and Border Patrol arrested him on September 26, 2019, at a location near Nogales, Arizona.
Ten defendants were indicted in this case and nine have now been sentenced. The remaining fugitive, Jose Cruz Jauregui-Preciado, has yet to be arrested. Several related narcotics and firearms cases were prosecuted in the District of Nebraska and the Southern District of Iowa as a result of the overall investigation. The investigation confirmed that Zamora-Carrillo was a multi-pound methamphetamine trafficker supplied primarily by Penunuri and his cousin, co-defendant Ramon Penunuri-Noriega. Penunuri used a series of Airbnb rentals and storage units located throughout the Omaha area and in Iowa in furtherance of methamphetamine trafficking. Zamora-Carrillo and Penunuri-Noriega were each previously sentenced to 168-month terms of imprisonment.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
U.S. Attorney Kelly praised the efforts of the Drug Enforcement Administration, the Omaha Police Department and other agencies for coming together on this investigation and the resulting prosecutions. Kelly added, “This investigation is a textbook example of successful cooperation among the several federal, state and local law enforcement agencies combatting narcotics distribution and firearms offenses in the Omaha and Council Bluffs areas. Efforts such as these greatly degrade the availability of debilitating narcotics in this region and keep our communities safe.”
DEA Omaha Division Special Agent in Charge Richard Salter, Jr. said, “Today’s sentencing is the culmination of a case in which it was proven once again that drugs and violence go hand-in-hand.” He added, “Reiko Penunuri and his counterparts were dangerous criminals who pushed drugs and brought violence to our communities. Our job at DEA is to rid the streets of these drug dealers who prey on our children and other vulnerable individuals. This case was successful because of the strong partnerships developed between federal, state and local law enforcement agencies and I applaud the hard work of those involved.”
The case was investigated primarily by the Drug Enforcement Administration, Omaha Field Division, the Omaha Police Department, and the Southwest Iowa Narcotics Task Force. The United States Marshals Service in the District of Nebraska was instrumental in locating and facilitating the arrest of Penunuri while he was in fugitive status.
California Man Sentenced for Possession with the Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Carlos G. Diaz, 19, of Victorville, California, was sentenced on January 13, 2021 in federal court in Omaha, Nebraska, after having pleaded guilty to Possession with Intent to Distribute Methamphetamine. United States District Judge Brian C. Buescher sentenced Diaz to 63 months’ imprisonment. After completing his term of imprisonment, Diaz will be required to serve a 5-year term of supervised release as there is no parole in the federal system.
On May 28, 2020, law enforcement officers were conducting routine surveillance at the bus station located in downtown Omaha when they made consensual contact with Diaz while on a bus waiting to depart. While questioning Diaz about his travel, an officer became suspicious that he was involved in criminal activity and requested permission to search his carry-on bag. Diaz gave permission and the consensual search revealed over 1,000 grams of methamphetamine.
This case was investigated by the Task Force Officers of the DEA and Nebraska State Patrol.
Waverly Man Convicted for Receipt of Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Colin C. Gierke, 25, of Waverly, Nebraska was sentenced today in Lincoln by Chief United States District Judge John M. Gerrard for receipt of child pornography. Gierke was sentenced to 5 years and 8 months in prison and 5 years of supervised release. There is no parole in the federal system. Additionally, Gierke was ordered to pay $1,500 in special assessments which will contribute to funds established for victims of these types of crimes.
This case began with a November 21, 2019, National Center for Missing and Exploited Children (NCMEC) cyber tip report indicating that a Dropbox account, later identified as being owned and operated by Gierke, contained suspected child pornography. A search warrant was executed on February 12, 2020. During the execution of the search warrant, Gierke admitted to viewing and downloading files containing child pornography and that it would be found on his devices. Forensic examination of Gierke’s devices revealed several file folders containing child pornography, including at least 55 images and 4 videos. An examination was also completed of Gierke’s Dropbox account, which revealed that he uploaded 433 images and 220 videos containing child pornography onto 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.
This case was investigated by the Nebraska State Patrol.
Lincoln Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Wendy A. Eckert, 40, of Lincoln, Nebraska, was sentenced today in federal court in Lincoln for conspiracy to distribute methamphetamine. Chief United States District Judge John M. Gerrard sentenced Eckert to 17 years, six months in the Bureau of Prisons. There is no parole in the federal system. Eckert was also sentenced to a 10-year term of supervised release.
As a result of a traffic stop on October 23, 2019, the vehicle Eckert was driving was searched. Officers located about 28 grams of methamphetamine on her person, in an eyeglass case, and in the handle of a dog leash. Officers continued their investigation of her and found that between November 1, 2018 and October of 2019, she was responsible for the distribution of at least 2 kilograms (over 4 pounds) of methamphetamine in the Lincoln and Omaha areas. She had previously been convicted of possession with intent to distribute a controlled substance.
This case was investigated by the Lincoln/Lancaster County Narcotics Task Force.
Omaha Man Sentenced for Robbery SpreeRead the Press Release
United States Attorney Joe Kelly announced that Darrell L. Manley, 19, of Omaha, Nebraska, was sentenced today in federal court in Omaha for his involvement in numerous robberies, some involving firearms, occurring between July and September 2019. United States District Judge Brian C. Buescher sentenced Manley to 18 years in the Bureau of Prisons. There is no parole in the federal system. Upon his release from prison, Manley will begin a 5-year term of supervised release. He was also ordered to pay $1,690.45 in restitution
On July 22, 2019, Manley entered the KwikShop at 3222 Q Street in Omaha with a long gun and forced everyone to the ground. He took money from the register and a pack of cigarettes. During the robbery, he threatened the clerk.
On September 12, 2019, Manley robbed four businesses in Omaha. At 12:39 am, he robbed the Bucky’s at 107 South 40th Street by walking in with what the clerk believed to be a gun and struck him in the face with it. After demanding the registers be opened, he ran out the door with cash. At 6:47 am, he entered the Bucky’s at 6003 Center Street, and struck that clerk in the face with the same gun. At 9:26 am, he robbed the Anderson B.P. at 15635 West Dodge Road by entering the store, banging on the register, and demanding the register be opened. Manley grabbed the money and fled. At 9:23 pm, he entered the Casey’s General Store at 1202 South 13th Street. One of the clerks saw a gun and heard Manley demand money. Another employee unlocked the register. Manley grabbed money and left the store.
Manley continued his spree by again robbing the Bucky’s at 6003 Center Street in Omaha on September 16, 2019. He entered the store, pointed a gun at the clerk and demanded she open the register. She did so. He jumped on the counter, grabbed cash, and left the store.
Two days later, on September 18, 2019, he robbed the Casey’s General Store located at 1202 South 13th Street in Omaha. He entered the store, pointed a tire iron at the clerk, jumped the counter and demanded the registers be opened. He grabbed cash and left the store.
Manley’s face was concealed or partially concealed during each of the seven robberies. The Omaha Police Department Robbery Unit and Federal Bureau of Investigation’s Great Plains Violent Crime Task Force used shoe prints, fingerprints, DNA and video to tie Manley to this string of robberies.
This case was investigated by the Omaha Police Department and the Federal Bureau of Investigation.
Mexican National Sentenced for Firearm and Drug ChargesRead the Press Release
United States Attorney Joe Kelly announced that Jose Mena-Valdez, 36, of Mexico, was sentenced today by Senior United States District Judge Joseph F. Bataillon for possession with intent to distribute fifty grams or more of methamphetamine and possession of a firearm in furtherance of a drug trafficking offense. Mena-Valdez received a sentence of 120 months’ imprisonment with a five-year term of supervised release to follow. There is no parole in the federal system. Mena-Valdez will be deported back to Mexico following his term of imprisonment.
Mena-Valdez was convicted on September 30, 2020, following a jury trial. At trial, Omaha Police officers testified that on October 30, 2018, they stopped Mena-Valdez after observing several traffic violations. Mena-Valdez was alone in the vehicle. When making contact with Mena-Valdez, the officers smelled a strong odor of alcohol and observed an open container of alcohol. During a search of the vehicle, half a pound of methamphetamine was located on the passenger side floorboard and a stolen firearm was located between the passenger seat and the center console. The jury watched video and audio recordings of the encounter that were taken from body and cruiser cameras.
In addition to the testimony of the officers, a Nebraska Public Service Laboratory technologist, based out of the University of Nebraska Medical Center, testified to the identification, purity, and weight of the methamphetamine.
This case was investigated by the Omaha Police Department as 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.
Mexican Man Sentenced for Cocaine Distribution Conspiracy and Distributing MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Francisco Carrillo-Noriega, 26, was sentenced January 4, 2021, in federal court in Omaha, Nebraska, for conspiracy to distribute cocaine and distribution of methamphetamine. Senior United States District Judge Joseph F. Bataillon sentenced Carrillo-Noriega to 60 months in the Bureau of Prisons. There is no parole in the federal system. Carrillo-Noriega was also sentenced to a 4-year term of supervised release. Carrillo-Noriega is a citizen of Mexico and will be deported upon completion of his prison term.
Beginning in January 2018, Carrillo-Noriega distributed cocaine to a confidential informant in Omaha on multiple occasions. Carrillo-Noriega also sold a confidential informant methamphetamine. On August 28, 2019, law enforcement executed a search warrant at Carrillo-Noriega’s Council Bluffs, Iowa, home and recovered an AR-15 rifle, firearm magazines, and ammunition.
This case was investigated by the Federal Bureau of Investigation and the Omaha Police Department.
Colorado Man Sentenced for Distributing MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Francisco Herrera, 37, of Sterling, Colorado, was sentenced on January 4, 2021, in federal court in Omaha, Nebraska, for possession with intent to distribute 500 grams or more of methamphetamine. Senior United States District Judge Joseph F. Bataillon sentenced Herrera to 262 months’ imprisonment. Herrera has at least two prior drug convictions, which classified him under the U.S. Sentencing Guidelines as a career offender. This enhanced his sentencing guideline range to 262-327 months. His sentencing range without the enhancement would have been 151-188 months. There is no parole in the federal system. After his release from prison, he will begin a five-year term of supervised release.
On May 10, 2019, local law enforcement executed a search warrant on a residence in Sidney, Nebraska. During the execution of that search warrant, Herrera’s vehicle was located in the driveway. Law enforcement obtained a search warrant for his vehicle, where approximately ten pounds of methamphetamine were seized.
This case was investigated by the Sidney Police Department.
Four Omaha Men Indicted for Sex Trafficking MinorsRead the Press Release
United States Attorney Joe Kelly announced the unsealing of an Indictment charging Thomas Holbert (aka “T”), Lance Harper, Dalonte Foard, and Glenn Whitney (aka “G” or “G-Lo”) with conspiracy to engage in sex trafficking of a minor and individual counts of sex trafficking of minors. Holbert, Harper, Foard, and Whitney face up to life imprisonment if convicted.
The conspiracy involved recruiting and transporting minors and placing online advertisements for commercial sex acts with minors at various locations in and around Omaha and Norfolk, Nebraska. The conspiracy also involved the use of threats of violence and controlled substances to control the minors and young women being trafficked.
United States Attorney Kelly recognized the efforts and cooperation of Homeland Security Investigations, the Nebraska Attorney General’s Office, and Omaha Police Department in investigating this and other cases involving the sex trafficking of minors, stating “There is no higher priority than the prosecution of people who commit these evil acts. Human trafficking prosecutions require the excellent federal, state, and local cooperation that was involved in this case.”
An indictment is a formal accusation returned by a grand jury upon establishing probable cause. The indictment is not evidence of guilt and defendants are entitled to a presumption of innocence.
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 Nebraska Attorney General’s Office, and the Omaha Police Department.
Omaha Woman Sentenced for Distributing MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Victoria Zoltowski, 34, was sentenced today in federal court in Omaha, Nebraska, for possession with intent to distribute 50 grams or more of actual methamphetamine. United States District Judge Robert F. Rossiter, Jr. sentenced Zoltowski to 120 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 February 13, 2018, officers from the Omaha Police Department served a search warrant at Zoltowski’s residence. Inside, officers located Victoria Zoltowski. Officers located a shoe box in her bedroom, and it contained 1,011 grams of methamphetamine.
This case was investigated by the Omaha Police Department.