District of Nebraska
Press releases recorded for this federal judicial district.
Kearney Man Sentenced to 35 Years Imprisonment for Conspiring to Distribute Methamphetamine and Possessing a FirearmRead the Press Release
United States Attorney Joe Kelly announced that on December 18, 2020, Marcus Navejar, age 39 of Kearney Nebraska, was sentenced in federal court in Lincoln, Nebraska, after having pled guilty to Conspiracy to Distribute Methamphetamine and Possession of a Firearm in Connection with a Drug Trafficking Crime. Senior United States District Court Judge Richard G. Kopf sentenced Marcus Navejar to 35 years imprisonment. Navejar’s sentence included a consecutive 25 year term of imprisonment as the firearm conviction was his second for possession a firearm while distributing drugs. After completing his term of imprisonment, Navejar will be required to serve a 5 year term of supervised release as there is no parole in the federal system.
On June 5, 2019, the Omaha Police Department was conducting an investigation where a cooperating witness was collecting money owed from drug debts at an Omaha hotel. Navejar delivered $8,280 he owed for a drug debt to the cooperator on that date.
On June 7, 2019, the cooperating witness informed police that Navejar was staying at an Omaha hotel and in possession of methamphetamine and a gun. While police were obtaining a search warrant for his room, surveillance officers encountered Navejar outside and took him into custody. A search of his person revealed approximately 16 grams of methamphetamine and a handgun. During a post arrest interview, Navejar admitted to dealing five pounds of methamphetamine with others during the previous few weeks.
This case was investigated by the Omaha Police Department.
Grand Jury - December 2020Read the Press Release
United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 5 unsealed Indictments charging 7 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Josephine Alexis Baker, age 22, of Winnebago, is charged with assault with a dangerous weapon with intent to do bodily harm on November 24, 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.
* Bryan Kyriss, age 57, is charged with felon in possession of a firearm on November 11, 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.
* Kaleb A. Johnson, age 24, of Omaha, is charged in a two-count Indictment. Count I charges the defendant with being a felon in possession of a firearm on or about February 12, 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 possession (or sale) of a stolen firearm on or about February 12, 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.
* Jaime Vazquez Pimentel, a/k/a Alexander Rodriguez Perez, a/k/a David Gutierrez, a/k/a Eliseo Acocal-Techaltz, age 37, is charged with illegal reentry after deportation on or about November 25, 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.
* Xinyu Zhou, age 21, Yuan Gao, age 19, and Arian Esfandiari, age 18, are charged with attempted Hobbs Act robbery on December 14, 2020 and December 15, 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 for each defendant
Manager of JD’s Circle in Bar Sentenced in Federal Drug Distribution ConspiracyRead the Press Release
United States Attorney Joe Kelly announced that Brett Feder, 36, was sentenced in federal court in Omaha, Nebraska on December 16, 2020 for conspiracy to distribute methamphetamine, cocaine, marijuana and THC (“tetrahydrocannabinol”); money laundering; and being a felon in possession of a firearm. United States District Judge Brian C. Buescher sentenced Feder to 120 months’ imprisonment. There is no parole in the federal system. After his release from prison, Feder will serve a 5-year term of supervised release.
A series of controlled buys of cocaine, in addition to the wiretaps, walled-off traffic stops, and premises searches corroborated Feder’s involvement with others in the distribution of methamphetamine, cocaine, marijuana, and tetrahydrocannabinol (‘THC’) cartridges used in vaping devices. Feder managed and operated JD’s Circle In, a bar located in south Omaha, which was a front for illegal drug trafficking and illegal sports betting operations. Additionally, close to $50,000 in drug proceeds and 7 firearms were ordered forfeited to the United States.
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.
“For several years, Mr. Feder was involved in drug and money laundering violations while managing and operating a bar located in Omaha, Nebraska that he used as a front,” said David Talcott, Acting Special Agent in Charge of the IRS Criminal Investigation division in the St. Louis Field Office. “However, today’s sentencing shows that with both law enforcement and financial investigation expertise like in Operation Steak Your Bets, individuals that illegally conduct drug trafficking operations and bookmaking operations face lengthy prison sentences.”
The case was primarily investigated by the Drug Enforcement Administration, Omaha Field Division, the Federal Bureau of Investigation, the Internal Revenue Service, and the Omaha Police Department.
Bellevue Man Sentenced for Fraud Related to Operation of Website Selling Counterfeit DrugsRead the Press Release
United States Attorney Joe Kelly announced that Karl H. Goss, 72, of Bellevue, Nebraska, was sentenced on December 16, 2020 in federal court in Omaha for Wire Fraud. Senior United States District Judge Joseph F. Bataillon sentenced Gross to one year and one day imprisonment. There is no parole in the federal system. After his release from prison, he will begin a 3-year term of supervised release. Gross was also fined $10,000.
Gross operated an online business known as Amerisave from 2007 until 2016. Amerisave defrauded customers by marketing and selling misbranded and unapproved prescription medications or drugs. Advertising on the Amerisave website represented that medications and/or drugs received by customers were United States Food and Drug Administration (FDA) approved drugs or manufactured in facilities which were FDA-approved or FDA-inspected facilities. The drugs, however, were not FDA-approved or FDA-inspected facilities. In order for customers to pay for their drugs from Amerisave, Amerisave communicated with customers via e-mail, facsimile and phone, and customers paid with credit cards. Amerisave had more than $2 million in sales in the time Gross operated it. To obtain foreign drugs, Gross, doing business as Amerisave, paid the foreign drug distributors via wire transfer. The funds were wired from First National Bank of Omaha to banks outside the United States. There were no identified victims in this case.
“American consumers rely on FDA oversight to ensure the safety and effectiveness of their prescription drugs. Selling misbranded and unapproved prescription drugs online that falsely claim to be FDA-approved puts consumers’ health at risk,” said Special Agent in Charge Charles L. Grinstead, FDA Office of Criminal Investigations Kansas City Field Office. “We will continue to investigate and bring to justice those who attempt to jeopardize public health and seek profit from potentially dangerous products.”
This case was investigated by the Food and Drug Administration Office of Criminal Investigations.
Nebraska City Man Sentenced for Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that James S. Brink, 30, of Nebraska City, Nebraska, was sentenced in federal court in Omaha on December 11, 2020 for possessing child pornography. United States District Judge Robert F. Rossiter, Jr. sentenced Brink to a 63-month term of imprisonment. There is no parole in the federal system. After his release from prison, Brink will begin a five-year term of supervised release and will be required to register as a sex offender.
On July 2, 2019, investigators with the Nebraska State Patrol went to Brink’s home after receiving a tip that someone inside that residence was using a computer to view child pornography. Brink consented to a search of his cell phone. Investigators seized the phone upon viewing images of child pornography. Later analysis revealed more than 650 images of child pornography including images of prepubescent minors engaged in acts of bondage and using sex toys.
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.
Omaha Man Sentenced for Selling MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Edward Bean, 53, of Omaha, Nebraska, was sentenced on December 9, 2020 in federal court for possession of methamphetamine with intent to distribute. United States District Judge Brian C. Buescher sentenced Bean to 130 months’ incarceration to be followed by five years of supervised release. There is no parole in the federal system.
On February 27, 2020, Omaha Police utilized a confidential informant to purchase methamphetamine from Bean at his home. Officers then obtained a search warrant. During a search of Bean’s home, officers found 80 grams of actual methamphetamine and a digital scale. In a post-arrest interview, Bean admitted to distributing methamphetamine.
This case was investigated by the Omaha Police Department.
Omaha Man Sentenced for Distributing Crack Cocaine and Possessing a FirearmRead the Press Release
United States Attorney Joe Kelly announced that Jordan D. Cotton, 29, of Omaha, Nebraska, was sentenced today for distributing crack cocaine while possessing a firearm. United States District Judge Brian C. Buescher sentenced Cotton to 130 months in federal prison. There is no parole in the federal system. Cotton will also serve a 5-year term of supervised release following his release from the Bureau of Prisons.
On December 3, 2019 law enforcement used a Confidential Informant (CI) to buy 4.5 grams of crack cocaine from Cotton at his residence in Omaha. On December 6, 2019, the Omaha Police Department Gang Unit executed a search warrant at Cotton’s home, recovering 51 grams crack cocaine, a 9mm handgun, $1,734 in United States Currency, digital scales, vacuum sealed bags with cocaine residue and venue items. Cotton was present and was arrested when the warrant was executed. At the time of his arrest Cotton, a previously convicted felon for Carrying a Concealed Weapon, Second Offense, and Possession of a Deadly Weapon by a Felon, was on Nebraska state parole after being released from prison on January 25, 2018.
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.
Three Lincoln Gang Members Indicted in RICO ConspiracyRead the Press Release
United States Attorney Joe Kelly announced federal criminal charges against three members of the Day One Brothers gang in Lincoln, Nebraska. Edward Dean Williams, a.k.a. “Eddie”, Antonio Corell Shannon, a.k.a. “Mack Glock,” a.k.a. “Tone,” and Emmanuel Charles Kuot, a.k.a. “E-Mon,” are charged with conspiring to violate the racketeering laws of the United States. The indictment alleges that the Day One Brothers is an enterprise that engaged in a pattern of racketeering activity, including acts involving murder or attempted murder, robbery, and the distribution of controlled substances, including marijuana. The defendants are each charged with committing acts in furtherance of the conspiracy. Among those acts, all three defendants are alleged to have participated in a shooting on October 26, 2019 that targeted a rival gang member. The indictment further charges Williams with committing attempted murder and attempted assault with a dangerous weapon in aid of racketeering, and with discharging a firearm while committing those crimes of violence. If convicted of all charges, Williams faces a term of imprisonment of at least 10 years, and possibly up to life. Shannon and Kuot face up to 20 years’ imprisonment.
The initial appearance for the three defendants took place this afternoon in Lincoln before the Honorable Cheryl R. Zwart, United States Magistrate Judge. All three defendants were ordered to be detained.
U.S. Attorney Kelly praised the efforts of the Lincoln Police Department, the Lancaster County Attorney’s Office, the Federal Bureau of Investigation, and other agencies for coming together on this investigation and prosecution.
An Indictment is simply an accusation. Defendants are presumed innocent until evidence proves their guilt beyond a reasonable doubt.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see https://www.justice.gov/projectguardian.
This case was primarily investigated by the Lincoln Police Department and the Federal Bureau of Investigation. The United States Marshals also assisted during the investigation of this case.
Mexican Meth Trafficker Sentenced After Drugs and Thousands in Drug Proceeds are RecoveredRead the Press Release
United States Attorney Joe Kelly announced that United States District Judge Joseph F. Bataillon sentenced Raymundo Hernandez-Rubio today to 132 months in federal prison. There is no parole in the federal system. Hernandez-Rubio will serve a 5-year term of supervised release following his release from the Bureau of Prisons. Hernandez-Rubio will be deported from the United States to Mexico after serving his prison term.
Hernandez-Rubio, 35, was convicted of conspiracy to distribute and possess with intent to distribute methamphetamine. In October of 2019, investigators with the Drug Enforcement Administration (DEA) identified Hernandez-Rubio when he delivered approximately $90,000 of suspected drug proceeds to a DEA undercover agent.
The investigation revealed that on the morning of December 6, 2019, Hernandez-Rubio departed Omaha and traveled to Chicago, where he made several stops before heading back to Omaha. On the morning of December 7, 2019, a Nebraska State Patrol trooper stopped Hernandez-Rubio as he returned to Omaha. Investigators searched his SUV, recovering approximately 15 pounds of methamphetamine that was concealed within a spare tire in the cargo area of the SUV.
Investigators searched Hernandez-Rubio’s residence later that day, where they recovered drug ledgers, a handgun, and more than $130,000 of drug proceeds hidden under the bed in the master bedroom. The drug proceeds will be forfeited to the United States. A closer inspection of the ledgers recovered from his home revealed that Hernandez-Rubio was responsible for handling hundreds of pounds of methamphetamine and thousands of dollars of drug proceeds for a Mexico-based drug trafficking organization.
The case was primarily investigated by the Drug Enforcement Administration, the Nebraska State Patrol, and the Federal Bureau of Investigation Safe Streets Task Force.
Lincoln Man Sentenced to 47 Years for Trafficking MinorsRead the Press Release
United States Attorney Joe Kelly announced that Devin L. Ashford, 33, of Lincoln, Nebraska, was sentenced today after being found guilty by a jury of Sex Trafficking of a Minor; Sex Trafficking by Force, Fraud, or Coercion; Production of Child Pornography; and Interstate Transportation for Prostitution. Chief United States District Judge John M. Gerrard sentenced Ashford to 564 months (47 years) in federal prison. There is no parole in the federal system. After his release from prison, Ashford will begin a 10-year term of supervised release.
When pronouncing sentence, Chief Judge Gerrard noted that he was particularly concerned with deterrence in this case, both specific deterrence to Ashford and general deterrence, stating, “For those thinking that pimping is a lifestyle, there will be a cost for doing business.” Here that cost was forty-seven years in federal prison. Chief Judge Gerrard also specifically recognized the powerful testimony of the victims at trial, which he found to be “compelling” and “horrendous” accounts of their experiences as sex trafficking victims.
Numerous victims testified at trial that Ashford beat, starved, and pushed cocaine on them to get them to provide sexual services. Ashford recruited minors to engage in commercial sex acts so that he could get the financial proceeds from those acts. The evidence at trial showed that at least three of the minors were children who had either run away from home or were in the foster care system when Ashford targeted them for his trafficking operation. Ashford was also convicted of producing child pornography when he enticed one of his victims to send sexually explicit photos of herself.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Federal Bureau of Investigation and the Lincoln Police Department.
Omaha Man Sentenced for Bank RobberyRead the Press Release
United States Attorney Joe Kelly announced that Michael G. Hymes, 40, of Omaha, Nebraska, was sentenced today for bank robbery. United States District Judge Robert F. Rossiter, Jr. sentenced Hymes to 12 years’ imprisonment. He was also ordered to pay $2,950 in restitution for money not recovered. Hymes, who has two prior convictions for bank robbery, will serve a three-year term of supervised release following his release from the Bureau of Prisons. There is no parole in the federal prison system.
On July 15, 2019, Hymes entered the Creighton Federal Credit Union, dressed as a female wearing a long- haired wig, flip-flops, and carrying a purse. He verbally demanded money from the teller and claimed he had a bomb, but none was shown. He was able to leave the bank with $4,017.00. He got into a car that was tracked and followed into Council Bluffs, Iowa. Officers found the vehicle approximately a half hour after the robbery and Hymes’s disguise was found in it.
This case was investigated by the Omaha Police Department and the Federal Bureau of Investigation Great Plains Violent Crime Task Force, comprised of FBI agents, Omaha Police Department detectives, Nebraska State Patrol Investigators and Papillion Police Department Detectives.
Grand Jury - November 2020Read the Press Release
United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 16 unsealed Indictments charging 16 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Howard Taylor Bassette, III, age 40 of Winnebago, is charged in a three-count Indictment. Count I charges Bassette with aggravated sexual assault by force or threat on November 9, 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 II charges Bassette with sexual abuse of an incapable victim. 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 Bassette with incest on November 9, 2020. The maximum possible penalty if convicted is 4 years’ imprisonment, a $250,000 fine, a two-year term of supervised release, and a $100 special assessment.
* Jon T. Bogart, age 59, of Lincoln, Nebraska, is charged in a two-count Indictment. Count I charges Bogart with attempted receipt of child pornography on October 21, 2019, through on or about August 14. 2020. The maximum possible penalty if convicted is 40 years’ imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment and $35,000 in additional penalties. Count II charges Bogart with possessing child pornography on August 14, 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 and $17,000 in additional penalties.
* Juan Burnell, age 33, of Omaha, is charged in a three-count Indictment. Count I charges Burnell with distribution of visual depictions of minors engaging in sexually explicit conduct on June 20, 2020. The maximum possible penalty if convicted is 40 years’ imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment and $17,000 in additional penalties. Count II and III charge Burnell with possession of child pornography June 20, 2020 and August 1, 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 and $17,000 in additional penalties.
* Dione T. Carter, Jr., age 21, of Omaha, is charged in a two-count Indictment. Count I charges Carter with possession of a firearm following a conviction of a misdemeanor crime of domestic violence on or about September 23, 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 Carter with possession with intent to distribute methamphetamine on September 23, 2020. The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Samuel O. Dick, age 31, of Macy, Nebraska, is charged in a two-count Indictment. Count I charges Dick with assault of an intimate partner by strangulation on October 20, 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 Dick with assault with a dangerous weapon with intent to do bodily harm on October 9, 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.
* Jonathan Fair, age 39, of Lincoln, Nebraska, is charged with a false statement to Government Agency on or about December 15, 2015. 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.
* Ernesto Guerrero Zarraga, age 19, of Wood River, Nebraska, is charged in a five-count Indictment. Count I charges the defendant with possession with intent to distribute 5 grams or more of methamphetamine (actual) on May 1, 2019. 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 5 grams or more of methamphetamine on August 22, 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 III charges the defendant with felon in possession of a firearm during drug trafficking crime on or about August 22, 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 IV charges the defendant with possessing a firearm during drug trafficking crime on or about August 22, 2020. The maximum possible penalty if convicted is life imprisonment consecutive to the possession charges, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment. Count V charges the defendant with possession with intent to distribute marijuana on August 22, 2020. The maximum possible penalty if convicted is 5 years’ imprisonment, $250,000 fine, one-year term of supervised release, and a $100 special assessment.
* Malik Akeem Jones, age 23, of Lincoln, Nebraska, is charged with a false statement during the purchase of a firearm on or about June 26, 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.
* Juan Ramos Ciprian, a/k/a Juan Alonzo-Alvarez, age 40, is charged with reentry of a removed alien after having been convicted of a felony on or about July 23, 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.
* Camron A. Rogers, age 21, of Omaha, is charged with a felon in possession of ammunition on or about October 22, 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.
* Pradish Jehan Selvaraj, age 35, of Omaha, is charged with coercion and enticement of a minor on October 27, 2020 through on or about November 4, 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 and $5,000 in additional penalties.
* Thomas J. Trouba, age 26, is charged in a two-count Indictment. Count I charges Trouba with conspiracy to distribute and possession with intent to distribute marijuana on an unknown date in 2016 to on or about September 18, 2020. The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, two-year term of supervised release, and a $100 special assessment. Count II charges Trouba with possession with intent to distribute marijuana on September 18, 2020. The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, two-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 18, 2020.
* Chandler J. Tuttle, age 19, of the Santee Sioux Nation Indian Reservation, is charged with assault resulting in serious bodily harm on October 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.
* Cornell Williams, age 48, of Omaha, is charged with a felon in possession of a firearm on or about September 4, 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 34, of West Point, Nebraska, is charged in a two-count Indictment. Count I charges the defendant with felon in possession of a firearm on or about October 28, 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 possession of a stolen firearm on or about October 28, 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.
* Jose De Jesus Zazueta-Cano, age 44, is charged with possession with intent to distribute 5 grams or more of methamphetamine (actual) on May 1, 2019. 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. Count II charges the defendant with possession with intent to distribute 500 grams or more of methamphetamine on November 4, 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. There is also an allegation to forfeit United States currency seized on or about November 4, 2020.
Twelve Lincoln Gang Members Indicted in Violent Crime and Firearms ConspiracyRead the Press Release
United States Attorney Joe Kelly announced federal criminal charges against 12 members of the No Name Demons Gang in Lincoln, Nebraska. The charges allege a firearms conspiracy; conspiracy to interfere with commerce by robbery (Hobbs Act); drug trafficking crimes; and multiple charges of possessing firearms in furtherance of crimes of violence and drug trafficking crimes. Some of the charged defendants, if convicted, face up to life in federal prison. Other defendants face up to 60 years in federal prison if convicted of their charges. The indictment was unsealed today and appearances by the defendants are scheduled to begin Monday, November 23, 2020, before United States Magistrate Judge Cheryl R. Zwart in Lincoln.
The indictment alleges, as part of the firearms conspiracy, the defendants stole firearms, to include a .45 caliber Smith and Wesson Tactical Handgun that was used in a homicide earlier this year, and purchased weapons illegally in order to arm juvenile members of the gang. The defendants are alleged to have used the firearms not only to further their drug trafficking but also to commit robberies of individuals in Lincoln.
The defendants are:
Jupree Y. Hill, age 25
Krysean Reynolds, age 19
Rice A. Hill, aka “Shay”, age 18
David L. Atem, age 20
Lorenzo Anderson, aka “Peace”, age 27
Kyce James Davis, age 18
Orion J. Ross, age 19
Yuko Joseph Gusko, age 18
Tang Lian, age 19
Isaiah James Dorsey, age 19
Bryan Castillo, age 18
Kalam K. Yiel, age 20
Special Agents with the Federal Bureau of Investigation, alongside officers and investigators of the Lincoln Police Department, deputies from the United States Marshals Service, and deputies and investigators with the Lancaster County Sheriff’s Office, executed a series of search warrants in connection with these charges earlier today and worked together to take these defendants into custody quickly and safely. All are in custody without incident. The charges announced today are a direct result of the hard work, successful cooperation, and seamless coordination amongst all of these state and federal law enforcement partners.
U.S. Attorney Kelly praised the efforts of the Lincoln Police Department, the Lancaster County Attorney’s Office, the Federal Bureau of Investigation, and other agencies for coming together on this investigation and prosecution. Kelly added, “Federal statutes provide effective tools to combat violent crimes involving firearms and the cooperation of all levels of law enforcement, as here, will keep our communities safe.”
After today’s arrests, FBI Omaha Special Agent in Charge Eugene Kowel said, “Protecting the public from violent criminals is a fundamental core of the FBI's mission. Today a violent gang has been dismantled. Working closely with our federal, state, and local law enforcement partners, the Lincoln Safe Streets Gang Task Force has struck a major blow against violent gang activity in the Lincoln area. We will continue to investigate, arrest, and charge violent gang members who terrorize our community. Our Safe Streets Task Force is committed to creating a higher quality of life for all residents in Lincoln by eliminating the threat of gang violence.”
Lincoln Chief of Police Jeffrey Bliemeister stated, “The collaborative efforts of federal and local law enforcement agencies combined with the support of the citizens of Lincoln are critical to impacting violent crime. We appreciate the focused work by so many talented and driven staff leading to the arrests.”
An Indictment is simply an accusation. Defendants are presumed innocent until evidence proves their guilt beyond a reasonable doubt.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see https://www.justice.gov/projectguardian.
This case was primarily investigated by the Federal Bureau of Investigation and the Lincoln Police Department with operational assistance from the Lancaster County Sheriff’s Office and the United States Marshals Service.
Sioux City Man Sentenced to 54 Months for Sexual Abuse of a MinorRead the Press Release
United States Attorney Joe Kelly announced that Marquel Grant, age 20, of Sioux City, Iowa, was sentenced today in federal court in Omaha, Nebraska, for sexual abuse of a minor on the Omaha Nation Indian Reservation. United States District Judge Brian C. Buescher sentenced Grant to 54 months in prison. After Grant’s release from prison, he will begin a five-year term of supervised release. There is no parole in the federal system. As a result of this conviction, Grant will be required to register as a sex offender.
On November 15, 2018, Grant, then 18, interacted with the minor via SnapChat. Grant and the minor met up in Walthill, Nebraska, and walked to an abandoned residence. Outside of the residence, Grant put the minor on the ground. Grant started kissing the minor. The minor said no to Grant and tried pushing him away. Grant pinned the minor’s arms to the ground, unbuckled her pants, and pulled her pants and underwear down to her ankles. He attempted sexual intercourse with the minor before she was finally able to force Grant away.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was investigated by the Federal Bureau of Investigation and the Omaha Nation Law Enforcement Services.
Eustis Man Sentenced to Probation for Lacey Act ViolationRead the Press Release
United States Attorney Joe Kelly announced that Kevan Hueftle, age 35, of Eustis, Nebraska, was sentenced today in federal court in Omaha, Nebraska, 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 three years’ probation. Magistrate Judge Nelson ordered Hueftle to pay $10,000 in restitution and a $5,000 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.
An investigation determined that Hueftle, a Hidden Hills Outfitters (HHO) employee, provided guiding and outfitting services to a New York resident upon property located west of Eustis in Frontier County, Nebraska. Hueftle previously identified a particular target white-tailed deer named “Holyfield” with the aid of electronic game cameras over-watching various bait sites upon the property. Throughout the first several days of the hunt, Hueftle placed and assisted the client hunt “Holyfield” from locations Hueftle and the client knew were within baited areas. Nebraska law prohibits hunting or taking deer within a baited area, defined as within 200 yards of any location where bait is placed for the purpose of hunting or that may serve as an attractant for big game.
The client observed “Holyfield” on several occasions during the hunt, but outside of archery shooting range. On November 11, 2016, the final day of the hunt, Hueftle provided the client with a Remington 700 .243 caliber rifle, placed the client in an elevated tree stand, and authorized the client to shoot a deer with the rifle. The client later killed the target deer with the rifle, both knowing Nebraska law prohibited hunting deer with a rifle under the authority of an archery permit. Hueftle assisted the client transporting the deer from the field, arranging to have the trophy parts converted into a taxidermy mount from a local taxidermist, and coordinating for the finished mount to be later shipped to the client’s New York residence.
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, 34 defendants have pleaded guilty and have been sentenced and ordered to pay a total of $595,202 in fines and restitution for underlying violations related to 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.
Omaha Woman Sentenced to 132 Months for Methamphetamine ConspiracyRead the Press Release
United States Attorney Joe Kelly announced that Chelsea Leigh Short, 28, of Omaha, Nebraska, was sentenced on November 16, 2020, by Senior United States District Judge Joseph F. Bataillon for conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine. Short received a sentence of 132 months with a five-year term of supervised release to follow. There is no parole in the federal system.
Beginning in mid-2018, a Drug Enforcement Administration task force started investigating the methamphetamine distribution operation of David Short in the Omaha metro area. This investigation included a court ordered Title III interception of phone calls and text messages, allowing agents to identify the scope of the conspiracy and its members. Chelsea Short, the wife of David Short, was intercepted on numerous occasions buying and selling pound quantities of methamphetamine. On December 8, 2018, DEA agents and officers with the Omaha Police Department attempted to arrest Chelsea Short after she picked up a ½ pound of methamphetamine. Chelsea Short fled in her vehicle leading to a pursuit. OPD’s air unit, Able 1, followed Chelsea Short into Iowa and back where she was eventually stopped with the methamphetamine.
Matters involving other conspirators are still pending, with trial for David Short set for January 5, 2021, in Omaha, Nebraska.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
This case was investigated by the DEA, OPD, Nebraska State Patrol, IRS’s Criminal Investigations, and the Pottawattamie County (Iowa) Sheriff’s Office.
Truck Driver Sentenced to 70 Months for Transporting FentanylRead the Press Release
United States Attorney Joe Kelly announced that Felipe Genao Minaya, 49, of Nagua, Dominican Republic, was sentenced on November 6, 2020 by Chief United States District Judge John M. Gerrard for Possession with Intent to Distribute 400 grams or more of fentanyl. Minaya received a sentence of 70 months’ imprisonment with a three-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, 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.
Minaya became suspicious when Nunez-Acosta flew from New Jersey to California to meet him regarding picking up a load. Minaya eventually learned that he was transporting something illegal, but wasn’t told what. Nunez-Acosta has also pleaded guilty to the same charge and sentencing is set for November 13, 2020.
This case was investigated by the Nebraska State Patrol.
Repeat Offender Sentenced for Crack Cocaine DistributionRead the Press Release
United States Attorney Joe Kelly announced Senior United States District Court Judge Joseph F. Bataillon sentenced Alex Kellum today to 120 months in federal prison for distributing crack cocaine. His sentence was enhanced due to his previous serious drug felony conviction. There is no parole in the federal prison system. Kellum, age 39, of Omaha, Nebraska, will serve an eight-year term of supervised release following his release from the Bureau of Prisons.
A confidential informant (CI) working with FBI’s Safe Streets Task Force made multiple controlled buys from Kellum, a crack dealer in the Omaha area. Between September 6, 2017 and April 27, 2018, a CI made 12 buys of narcotics from Kellum resulting in the seizure of 600.3 grams of crack cocaine and 27.9 grams of powder cocaine.
On December 11, 2019, Kellum proceeded to a bench trial and was found guilty of three counts of crack cocaine distribution. Kellum has a previous serious drug felony conviction from 2003 when he was sentenced to 70 months’ incarceration for possession with the intent to distribute more than 5 grams of crack cocaine in the District of Nebraska.
This case was investigated by the Federal Bureau of Investigation and Omaha Police Department.
Omaha Man Sentenced for Aggravated Identity TheftRead the Press Release
United States Attorney Joe Kelly announced that Thomas Povondra, 54, of Omaha, Nebraska, was sentenced today in Omaha by Senior United States District Judge Joseph F. Bataillon to 42 months’ imprisonment for Sale of a Card Purporting to be a Social Security Card and Aggravated Identity Theft. There is no parole in the federal system. After his release, Povondra will serve a three-year term of supervised release.
From on or about October 11, 2019, to December 17, 2019, Povondra and co-defendant, Sheila Likness, engaged in a scheme to provide a police officer working in an undercover capacity with personal identification documents with the 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. 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 of the dark web and that it would be able to pass a check 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, while engaging in narcotics activity, Likness would discuss the progress on the identification documents that were 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 message of 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.
Likness’s case is still pending and is set for trial on December 8, 2020. The fact that Likness has been charged with a crime is merely an accusation and she is presumed innocent until and unless proven guilty.
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.
Grand Island Man Sentenced for Distribution of MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Daniel Galindo, 26, of Grand Island, Nebraska, was sentenced by the Chief United States District Judge John M. Gerrard to 15 years’ imprisonment for distribution of methamphetamine. There is no parole in the federal system. Once he completes his prison term, Galindo will begin a 10-year term of supervised release.
On six occasions between January and August, 2019, Daniel Galindo sold methamphetamine to a confidential informant working with investigators.
Galindo was previously convicted in 2013 for distribution of methamphetamine.
This case was investigated by the Central Nebraska Drug and Safe Streets Task Force.
Third Indianapolis Man Sentenced for Bellevue Pharmacy RobberyRead the Press Release
United States Attorney Joe Kelly announced that Senior U.S. District Judge Joseph F. Bataillon sentenced Billy Adell, III, 21, today to nine years in federal prison having previously pleaded guilty to a Hobbs Act robbery; that is, robbing a business involved in interstate commerce and brandishing a firearm during the robbery. There is no parole in the federal system.
On October 28, 2018, at approximately 9:33 am, Daewoo Robertson, Adell, and Otis Brown, III robbed the CVS Pharmacy, 1701 Galvin Road South, Bellevue, Nebraska at gunpoint. Robertson, Adell, and Brown are from Indianapolis and drove to Bellevue to commit the robbery. Adell was the driver. Robertson and Brown went into the store. Robertson was armed with a Glock .40 caliber handgun that he pointed at employees and a customer while he and Brown zip-tied them. Robertson and Brown fled the store in Adell’s waiting vehicle, with $60,196.50 in controlled substances. They were caught shortly thereafter when their car was stopped. Officers searched the car and found the gun, zip-ties, and a garbage bag with the stolen drugs. Once the drugs leave the store, they cannot be taken back and resold by CVS and have to be destroyed.
Robertson, 20, and Brown, 18, were previously sentenced by the late Senior United States District Judge Laurie Smith Camp. Robertson received a sentence of nine years’ imprisonment and Brown received a sentence of eight years’ one month imprisonment. Robertson, Brown, and Adell were also each ordered to serve five years of supervised release following their release from federal prison and ordered to pay $61,154 in restitution.
The FBI Great Plains Violent Crime Task Force, comprised of FBI agents, Omaha Police Department Detectives, Nebraska State Patrol Investigators and Papillion Police Department Detectives, is responsible for the investigation of the robbery. The task force was assisted by the Bellevue Police Department.
Man Sentenced as an Armed Career Criminal After Felon in Possession ConvictionRead the Press Release
United States Attorney Joe Kelly announced that United States District Judge Robert F. Rossiter, Jr. sentenced Jackson Williams, 36, on October 30, 2020 to 211 months’ imprisonment for being a felon in possession of a firearm. There is no parole in the federal system. Williams will serve a five-year term of supervised release following his release from the Bureau of Prisons.
Officers were called to an Omaha residence on September 30, 2018 for a disturbance over a stolen vehicle. As part of their investigation, they received permission to search a nearby home. Two firearms were located. Williams was present and arrested for an outstanding parole violation. The next day, a detective with the Omaha Police Department interviewed Williams who admitted to handling one of the guns and putting it in a drawer where police located it. The second firearm was found in an adjoining room. Both firearms were reported as stolen.
On July 9, 2020, Williams proceeded to a bench trial and was found guilty of being a felon in possession of a firearm. Williams has previous felony convictions for attempted burglary, possession of a controlled substance, two counts of assault on a police officer, terroristic threats and first degree false imprisonment. The assaults, terroristic threats, and false imprisonment convictions were found to be crimes of violence, thereby qualifying Williams for enhanced sentencing under the Armed Career Criminal Act.
This case was investigated primarily by the Omaha Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives. 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.
Mexican Man Sentenced for Distributing MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that United States District Judge Robert F. Rossiter, Jr. sentenced Juan Miranda-Funes today to 120 months in federal prison. There is no parole in the federal system. Miranda-Funes will serve a 5-year term of supervised release following his release from the Bureau of Prisons.
Miranda-Funes, 44, was convicted of conspiring to distribute and possess with intent to distribute methamphetamine with co-defendant Juan Carranza in the Omaha area between February 1, 2019 and May 9, 2019. On February 20, 2019, the Drug Enforcement Administration used an undercover officer to make a purchase of methamphetamine from Miranda-Funes. The undercover officer arranged a second methamphetamine transaction with Miranda-Funes, which was to occur on May 9, 2019 at a grocery store in Omaha. On that date, investigators followed Miranda-Funes from his work place to Motel 89 in Omaha, where Carranza resided. Miranda-Funes parked at the motel for a short while, then departed, traveling to a QT convenience store. Investigators observed Miranda-Funes waiting in the parking lot at the QT. The undercover officer exchanged text messages with Miranda-Funes, who indicated he was waiting on someone to bring the methamphetamine to that location.
Investigators thereafter observed Carranza arrive and meet with Miranda-Funes at the QT. Miranda-Funes got into Carranza’s car and they drove to the grocery store, which was nearby. Investigators made contact with Carranza and Miranda-Funes while they were seated in Carranza’s parked car. Both men were arrested. Officers searched the car and recovered approximately one pound of methamphetamine from a container sitting on the passenger seat.
Carranza was sentenced on September 24, 2020. Miranda-Funes will be deported from the United States to Mexico after serving his prison term
The case was primarily investigated by the Drug Enforcement Administration and Omaha Police Department.
Broken Bow Man Sentenced to Probation for Lacey Act ViolationRead the Press Release
United States Attorney Joe Kelly announced that Conrad Hueftle, age 28, of Broken Bow, Nebraska, was sentenced today in federal court in Omaha, Nebraska, 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 two years’ probation. Magistrate Judge Nelson ordered Hueftle to pay $2,500 in restitution and a $5,000 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.
An investigation determined that on November 12, 2016, Hueftle killed a mule deer during the Nebraska firearm deer season upon property located near the Hidden Hills Outfitters (HHO) Lodge in Custer County, Nebraska. Hueftle used a Nebraska Resident Firearm-Restricted Statewide Buck Only permit for taking the mule deer within a Mule Deer Conservation Area (MDCA), a geographic area designated by the State of Nebraska as requiring particularly authorized permits for taking mule deer. Hueftle knew his restricted deer permit did not authorize the taking of mule deer within the MDCA and knew at the time of the taking that he killed the mule deer unlawfully within the MDCA.
Hueftle later transported the deer or parts thereof in interstate commerce by obtaining services of another HHO client to ship the mule deer head, antlers, and cape from Nebraska to a taxidermy business located in Watertown, Wisconsin, for the purpose of converting the trophy parts into a European-style head mount.
Under the terms of his plea agreement, Hueftle abandoned the mule deer taxidermy mount originating from the unlawful 2016 hunt and a trophy-sized 4 X 4 white-tailed deer mount Hueftle killed during the 2014 Nebraska firearm deer season.
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, 33 defendants have pleaded guilty and have been sentenced and ordered to pay a total of $580,202 in fines and restitution for underlying violations related to 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.
Iowa Man Pleads Guilty to Being in Possession of Molotov Cocktail During Omaha ProtestsRead the Press Release
United States Attorney Joe Kelly announced that Steven M. Fitch, age 25, of Council Bluffs, Iowa, pleaded guilty today before United States Magistrate Judge Michael D. Nelson for being in unlawful possession of a destructive device. Sentencing has been scheduled for January 20, 2021 at 1:30 p.m. before the Honorable Brian C. Buescher. Fitch faces a maximum punishment of 10 years’ imprisonment, a $250,000 fine, and up to three years 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, Nebraska. 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.
After Fitch’s plea, FBI Omaha SAC Eugene Kowel said, “The FBI is committed to protecting all those who are exercising their First Amendment rights, including the right to peacefully protest. This is part of our core mission. When someone violently threatens the safety of peaceful protesters by breaking the law, as Steven Fitch has admitted to, FBI Omaha is fully committed to identifying, investigating, and arresting those individuals responsible.”
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.
Grand Jury - October 2020Read the Press Release
United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 14 unsealed Indictments charging 14 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.
* Victor Avitia Esparza, age 35, is charged with illegal reentry after deportation on or about October 1, 2020, following an aggravated felony conviction. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* John Allen Belot, age 26, 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 February 17, 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 use of a firearm during and in relation to and knowingly possessing a firearm in furtherance of a drug trafficking crime on or about February 17, 2020. The maximum possible penalty if convicted is life imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Cardell Conner, age 20, of Omaha, is charged with a felon in possession of a firearm on or about July 23, 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.
* Lucio Cruz-Guerrero, a/k/a Joaquin Guerrero Navarrete, age 38, is charged in a two-count Indictment. Count I charges the defendant with possession with intent to distribute 500 grams of methamphetamine (mixture) on October 4, 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 conspiracy to distribute and possession with intent to deliver 500 grams or more of methamphetamine on or about March 6, 2020, and continuing to on or about October 4, 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.
* Miguel Alcangel Fonseca Maradiaga, age 32, is charged with illegal reentry after deportation on or about October 8, 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.
* Aaron Garcia Patlan, age 30, is charged with illegal reentry after deportation on or about October 7, 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.
* Miguel Angel Loeza Vinalay, age 39, is charged with illegal reentry after deportation on or about September 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.
* Codie D. Maleskar, age 45, of Hastings, is charged in a five-count Indictment. Counts I – III charge the defendant with mail fraud beginning on or about November 2016 and continuing through February 10, 2017. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, 3-year term of supervised release, and a $100 special assessment for each count. Counts IV – V charges the defendant with wire fraud, beginning on or about August 4, 2016, and continuing to on or about April 9, 2016. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment for each count.
* Jose Ivan Marino-Meza, a/k/a Antonio Moreno Ramirez, age 24, is charged in a two-count Indictment. Count I charges the defendant with possession with intent to distribute 500 grams of methamphetamine (mixture) on October 4, 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 conspiracy to distribute and possession with intent to deliver 500 grams or more of methamphetamine (mixture) on or about March 6, 2020, and continuing to on or about October 4, 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.
* Jeffrey Thomas Ostdiek, age 54, is charged in a two-count Indictment. Count I charges the defendant with false personation of an officer or employee of the United States beginning on or about September 14, 2020 and continuing through September 25, 2020. The maximum possible penalty if convicted is 3 years’ imprisonment, a $250,000 fine, one-year term of supervised release, and a $100 special assessment. Count II charges the defendant with false personation of an officer or employee of the United States beginning on or about October 4, 2016 and continuing through January 30, 2017. The maximum possible penalty if convicted is 3 years’ imprisonment, a $250,000 fine, one-year term of supervised release, and a $100 special assessment.
* Robert Earl Partee, II, age 27, of Lincoln, Nebraska, is charged with conspiracy to distribute 500 grams of methamphetamine (mixture) on June 1, 2018, and continuing to on or about November 30, 2019. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment.
* Amitkumar Patel, age 41, of Council Bluffs, Iowa, is charged in a two-count Indictment. Count I charges the defendant with attempted coercion and enticement of a minor on September 4, 2020 through on or about September 8, 2020. The maximum possible penalty if convicted is life imprisonment, a $250,000 fine, life term of supervised release, and a $100 special assessment and $5,000 additional SA. Count II charges the defendant with travel with intent to engage in illicit sexual conduct on September 8, 2020. The maximum possible penalty if convicted is 30 years’ imprisonment, a $250,000 fine, life term of supervised release, and a $100 special assessment and $5,000 additional SA.
* Jonathan Daniel Rooney, age 26, of Winnebago Indian Reservation, is charged in a two-count Second Superseding Indictment. Count I charges the defendant with second degree murder on May 16, 2020. Rooney was charged with manslaughter in the previous Indictment. The maximum possible penalty if convicted is life imprisonment, five-year term of supervised release, and a $100 special assessment. Count II charges the defendant with tampering with documents or proceedings on May 16, 2020. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, three-year term of supervised release, and a $100 special assessment.
* Jairo Luis Vera-Gutierrez, age 30, is charged with illegal reentry after deportation on or about October 10, 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.
Voter Fraud and the Upcoming General ElectionRead the Press Release
United States Attorney Joe Kelly announced today that Assistant United States Attorney (AUSA) Laurie Kelly, will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 3, 2020, general election. AUSA Kelly has been appointed to serve as the District Election Officer (DEO) for the District of Nebraska, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights concerns in consultation with Justice Department Headquarters in Washington.
United States Attorney Kelly said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will always act appropriately to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open through election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights concerns during the voting period that ends on November 3, 2020, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Kelly stated that his office will be taking calls while the polls are open (8 A.M. until 8 P.M. in the Central Time Zone, 7 A.M. until 7 P.M. in the Mountain Time Zone). The U. S. Attorney’s Office can be reached by the public at the following telephone number: (402) 661-3700.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at (402) 493-8688.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/ .
Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
Nebraska Secretary of State Robert B. Evnen reminds voters that, should the need arise, the state’s Election Integrity Unit is on standby for Election Day concerns or complaints. Anyone may call his office to express concerns or file a formal complaint if necessary. Nebraskans who wish to contact the Election Integrity Unit may do so by calling (402) 471-2555, or toll-free at (888) 727-0007. If a voter is unsure about the location of their polling site, they should call their county election office or go online to https://www.votercheck.necvr.ne.gov.
United States Attorney Kelly said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available to my Office, the FBI, or the Civil Rights Division.”
Arizona Woman Sentenced in Methamphetamine Distribution Conspiracy Reaching OmahaRead the Press Release
United States Attorney Joe Kelly announced that United States District Judge Robert F. Rossiter, Jr. sentenced Samantha Perez-Juarez today to a term of imprisonment of 80 months. Perez-Juarez will serve a 5-year term of supervised release following her release from the Bureau of Prisons. There is no parole in the federal system.
Perez-Juarez, 21, was convicted of conspiring to distribute and possess with intent to distribute methamphetamine with co-defendant Leonel Blanco-Sanchez in the Omaha area between September of 2019 and January of 2020. Perez-Juarez, of Arizona, transported multi-pound quantities of methamphetamine from sources of supply in Arizona and California to Omaha on at least five occasions throughout the fall of 2019 and into January of 2020. Blanco-Sanchez and Perez-Juarez received direction from Mexico-based co-conspirators with whom they maintained contact, traveling in Blanco-Sanchez’s pickup truck bearing Army Veteran license plates to deliver methamphetamine to customers in Omaha.
On January 8, 2020, the Nebraska State Patrol (NSP) stopped and arrested Blanco-Sanchez and Perez-Juarez as they returned to Omaha from Arizona. A subsequent search of the vehicle revealed approximately 13 pounds of methamphetamine which was seized by law enforcement.
Perez-Juarez will be removed from the United States to Mexico upon her release from prison.
In September of 2020, Blanco-Sanchez was sentenced to 80 months’ imprisonment in the same case.
The case was primarily investigated by the Drug Enforcement Administration, the Federal Bureau of Investigation Safe Streets Task Force, and the Nebraska State Patrol.
Parolee-Felon Sentenced for Illegally Possessing FirearmsRead the Press Release
United States Attorney Joe Kelly announced that Emmanuel John, 25, was sentenced today by United States District Judge Brian C. Buescher to 290 months in the Bureau of Prisons after being found guilty by a jury in July of six counts of being a felon in possession of a firearm. He will serve three years of supervised release following his release from prison. There is no parole in the federal system.
Between July 2018 and August 2018, John illegally sold eight guns to a confidential informant during six separate controlled buys. Four of the firearms were reported as stolen. At the time of the sales, John, a Trip Set gang member, was out on parole for two robbery convictions. As a convicted felon, he is prohibited from possessing a firearm. It had been just 65 days from John’s release on parole until he committed the first of the six offenses of which he was convicted. Following his arrest on the federal case, John’s parole was revoked and he was sent back to the Nebraska Department of Corrections. He came into federal custody on March 24, 2020.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Omaha Police Department as part of Project Safe Neighborhood. Project Safe Neighborhood is 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. John’s arrest was also part of Operation South Sudan Soldiers which targeted members of the Trip Set and African Pride street gangs.
Columbus Man Sentenced to 120 Months for Possessing Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Joshua Bates, age 38, of Columbus, Nebraska, was sentenced today in federal court in Omaha, Nebraska, for possessing child pornography. United States District Judge Brian C. Buescher sentenced Bates to 120 months in prison. There is no parole in the federal system. After Bates’s release from prison, he will begin a 15-year term of supervised release and will be required to register as a sex offender.
On October 11, 2019, police officers executed a search warrant at Bates’s residence in Columbus. Officers obtained Bates’s laptop computer. Computer forensics later showed that there were about 273 images of child pornography, including videos, saved on the laptop. Bates knew that the images of child pornography were saved on his laptop. Prior to October 11, 2019, Bates had previously been convicted of child pornography offenses in Nebraska. On May 9, 2008, Bates was convicted in Douglas County, Nebraska, for eight (8) counts of child pornography offenses.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was investigated by the Columbus Police Department.
Lincoln Man Convicted for Receipt and Distribution of Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Joshua D. Walsh, 29, of Lincoln, Nebraska, was sentenced today in Lincoln by Senior United States District Judge Richard G. Kopf for receipt and distribution of child pornography. Walsh was sentenced to 5 years in prison and 5 years of supervised release. There is no parole in the federal system. Walsh was additionally ordered to pay $3,000 in restitution which will contribute to funds established for victims of these types of crimes.
In June of 2017, the National Center for Missing and Exploited Children (NCMEC) generated five cybertips that originated from Chatstep, a social networking website that allows users to interact in online chatrooms. The cybertips related to images of child pornography being shared by an individual later identified to Walsh. Based upon the cybertips and subsequent investigation, the Nebraska State Patrol (NSP) served a federal search warrant at Walsh’s residence on July 26, 2018. Walsh admitted to possessing and viewing child pornography during an interview. Walsh also admitted that he used Chatstep around June of 2017 to engage in chats with other individuals and to share child pornography that he had uploaded. A subsequent analysis of Walsh’s cellphone and Dropbox accounts revealed approximately 264 image files and 4 video files of 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 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 Man Receives 100-Year Sentence for Producing Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Titus Miller, 27, of Lincoln was sentenced today by Senior United States District Judge Richard G. Kopf for five counts of production of child pornography. Miller was sentenced to 20 years in prison on each count which will be served consecutively to equal a total of 100 years in prison. Upon his release, he will serve a lifetime term of supervised release. There is no parole in the federal system. Miller will also be required to register as a sex offender. Miller was additionally ordered to pay $50,000 in special assessments which will contribute to funds established for victims of these types of crimes.
On October 21, 2019, Special Agents in the Knoxville, Tennessee Field Office of the Federal Bureau of Investigation (FBI) executed a search warrant and arrested a subject in Alabama. The subject disclosed information that he had been exchanging images and videos of child pornography with an individual, later identified as Titus Miller, via an internet based messaging application called Telegram, a means and facility of interstate and foreign commerce. Agents were provided access to the Alabama subject’s phone and Telegram account. Upon reviewing chats within Telegram, agents saw that on October 15, 2019, Miller transmitted a video to the Alabama subject depicting Miller engaging in sexually explicit conduct on a minor male victim under the age of 10. This video was later recovered from Miller’s phone during the course of a search warrant by the FBI and Lincoln Police Department on October 22, 2019, at Miller’s residence in Lincoln, Nebraska.
While accessing the Alabama subject’s account, agents were able to covertly act as the Alabama subject and began communicating with Miller. On October 22, 2019, Miller sent the undercover FBI agent four videos depicting juvenile males under the age of 12 engaging in sexually explicit conduct. These videos were also recovered from Miller’s phone during the course of a search warrant by the FBI and Lincoln Police Department on October 22, 2019, at Miller’s residence in Lincoln, Nebraska.
Investigation determined that from August 20, 2019 through October 15, 2019, Miller worked at Playful Painters Daycare, located in Lincoln, Nebraska. Miller worked the nighttime shift and had a supervisory role at the daycare. The videos were produced at the daycare while Miller had custody, care and supervisory control over the minor victims. Each video was produced using a Samsung Galaxy S9 smart phone and stored on a SanDisk media storage card. All of the videos were also stored in the Telegram internet based messaging application.
Miller previously pled guilty to the five counts of production of child pornography on July 15, 2020. Each count concerned a minor victim ranging in age from 4 – 6.
After today’s sentencing Acting Special Agent in Charge Paula Ebersole said, “The 100 year sentence guarantees Titus Miller will spend the rest of his life in Federal prison. He will no longer be able to hurt or victimize children again. FBI Omaha will continue to work shoulder to shoulder with our law enforcement partners, to bring to justice those who prey on the most vulnerable members of our communities.”
United States Attorney Kelly expressed “Today’s sentence of 100 years is the highest imposed in the District of Nebraska for the manufacture of child pornography. Miller’s actions were reprehensible, unspeakable, and carefully planned for his own gratification and that of others who find their satisfaction in the exploitation of defenseless children. One hundred years, although significant does not erase the damage done to the young children. Our thoughts and sympathy are with their families.”
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Federal Bureau of Investigation and Lincoln Police Department.
Omaha Man Sentenced to 66 Months for Transporting Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Jack Lee, 38, of Omaha, Nebraska, was sentenced today in federal court in Omaha for transporting child pornography. United States District Judge Brian C. Buescher sentenced Lee to 66 months’ imprisonment. There is no parole in the federal prison system. After his release from prison, Lee will serve an eight-year term of supervised release and will be required to register as a sex offender.
In December 2018, agents with Homeland Security Investigations (“HSI”) in Ottawa, Canada sent information to HSI agents in Omaha regarding a Kik user who had uploaded an image of child pornography on the Kik application in November 2018. HSI agents began investigating the report, and in May 2019, executed a search warrant at Lee’s residence. During an interview with agents, Lee admitted to viewing child pornography on his cell phone. Agents seized and forensically examined Lee’s cell phone and observed at least 75 images and 43 videos of children ranging in age from 5 to 16 years old engaged in sexual acts, as well as approximately 726 images depicting naked children who were not engaged in sexual acts.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by Homeland Security Investigations.
Omaha Gang Member Sentenced for Distributing Drugs and Possessing FirearmsRead the Press Release
United States Attorney Joe Kelly announced that on October 7, 2020, Kuiny Gach, 21, a known Trip Set gang member, was sentenced by United States District Judge Robert F. Rossiter, Jr. to 120 months in the custody of the United States Bureau of Prisons after pleading guilty to a four-count indictment charging distribution of marijuana and possession of firearms during a drug trafficking offense. He will also serve 3 years of supervised release following his release from prison. There is no parole in the federal prison system.
On October 16, 2018 and October 29, 2018, Gach sold more than 90 grams of marijuana and various firearms (handguns, a rifle and a shotgun) to a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Confidential Informant. One of the firearms was previously reported as stolen and another had a defaced serial number.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Omaha Police Department as part of Project Safe Neighborhood. Project Safe Neighborhood is a national initiative of the Department of Justice that was announced in 2001 to reduce and prevent violent crime and make the nation’s neighborhoods safer. Gach’s arrest was also part of Operation South Sudan Soldiers, which targeted members of the Trip Set and African Pride street gangs. This operation yielded the arrest and indictment of more than 15 individuals and the recovery of 41 firearms, 10 of which were stolen.
More Than $2 Million in DOJ Funds Awarded to Advance Forensic Science in NebraskaRead the Press Release
U.S. Attorney Joe Kelly announced today $2,008,282 in Department of Justice grants to Nebraska to fund crime laboratories, decrease DNA backlogs, support basic and applied forensic research, and help law enforcement identify missing persons. The grants, awarded by the Department’s Office of Justice Programs (OJP), are part of $192 million in funding to advance forensic science nationwide.
“Developments in forensic science have given investigators an extraordinary array of tools that can be enlisted to solve crimes and bring answers to victims and survivors, often after many years and even decades,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “These investments in crime-fighting technology, from DNA analysis to drug toxicology to forensic anthropology, will help identify and convict perpetrators, ensure justice for innocent victims and keep communities safe by deterring future criminal activity.”
“Several Nebraska agencies are benefitting from these grants designed to enhance our forensic capabilities,” said U.S. Attorney Kelly. “These awards will make available tools to enhance technology and research that will greatly assist the criminal justice system to do its job in protecting the community – especially sexual assault and cold case crimes.”
Since 2004, the Office of Justice Programs has received an annual appropriation for DNA and other forensic science activities. The funding, administered through OJP’s Bureau of Justice Assistance and National Institute of Justice, supports DNA analysis, laboratory capacity enhancement and forensic science research that provides knowledge and tools to improve the quality and practice of forensic science.
The following organizations received funding in the following program areas:
- State of Nebraska - $531,186 DNA Capacity Enhancement and Backlog Reduction Program;
- Nebraska State Patrol - $264,698 Paul Coverdell Forensic Science Improvement Grants Program (helps improve forensic science and medical examiner/coroner services);
- Douglas County - $245,516 Paul Coverdell Forensic Science Improvement Grants – received from a competitive award process; and
- City of Omaha - $966,882 National Sexual Assault Kit Initiative - The program promotes the use of multi-disciplinary teams by supporting investigation, prosecution and victim advocacy involved with a comprehensive approach to addressing unsubmitted sexual assault kits. The program also helps law enforcement agencies and crime labs process sexual assault evidence and increase the number of sexual assault kits submitted to crime labs in order to solve more crimes, including cold cases.
More information about OJP and its components can be found at www.ojp.gov.
Mexican Man Sentenced for Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Kevin Miranda-Yepez, 26, was sentenced today in federal court in Omaha, Nebraska, for possessing child pornography. Senior United States District Judge Joseph F. Bataillon sentenced Miranda-Yepez to 48 months’ imprisonment. There is no parole in the federal system. After his release from prison, he will being a 10-year term of supervised release and if he remains in the United States will be required to register as a sex offender. Miranda-Yepez is a citizen of Mexico and will likely be deported at the completion of his prison term.
Homeland Security Investigations received a Cybertip involving an image of child pornography in March 2016. The tip was traced to an IP address in Omaha. On December 8, 2016, a search warrant on Miranda-Yepez’s residence resulted in the seizure of his phone. Forensic analysis of the phone revealed 76 images of child pornography. The children depicted in sexually explicit conduct ranged in age from five to 13 years. During his interview, Miranda-Yepez admitted that he had searched for and downloaded child pornography from the Internet.
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, please visit www.projectsafechildhood.gov.
This case was investigated by Homeland Security Investigations.
Lincoln Man Found Guilty of Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that on October 8, 2020, Travis Lawrence Ferguson, 32, of Lincoln, Nebraska, was found guilty of conspiracy to distribute and possess with the intent to distribute methamphetamine by a Lincoln jury after a four-day trial. Sentencing is scheduled for January 14, 2021. Ferguson faces a prison term of up to 20 years and a term of supervised release, following the prison term, of up to 3 years.
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.
This case was investigated by the Lincoln/Lancaster County Narcotics Task Force.
Kimball Man Sentenced for Possession Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Keith H. Rivera, 35, of Kimball, Nebraska, was sentenced today in Lincoln, Nebraska, by Senior United States District Judge Richard G. Kopf for possession of child pornography. Rivera was sentenced to 48 months in prison and will also serve 5 years on supervised release. There is no parole in the federal system. Rivera will also be required to register as a sex offender after his release from prison.
In March, 2018, the Okanogan County Sheriff’s Office in Tonasket, Washington, received information from the FBI based on a cybertip from the National Center for Missing and Exploited Children. The cybertip reported that a specific IP address, email address and user name, later determined to be an individual from the State of Washington, had uploaded child pornography to his file sharing account. A search warrant was served in Washington on the residence of the person using the account which resulted in the seizure of numerous electronic items, including a cellphone. That phone had messages containing child pornography and further analysis indicated that those messages were sent from a 308 area code in August of 2017. A check of the telephone number using the 308 area code determined that the number belonged to Rivera.
A federal search warrant was served at Rivera’s residence in Kimball and Rivera’s phone was seized. A forensic review of Rivera’s phone found evidence that he possessed the two videos sent to the Washington subject in August, 2017. Further analysis showed additional images and videos of child pornography that appeared to have been downloaded from the Internet.
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, please visit www.projectsafechildhood.gov.
This case was investigated by the Federal Bureau of Investigation Child Exploitation and Human Trafficking Task Force.
Lincoln Woman Sentenced for Possession with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Tayler Marie Sovereign 23, of Lincoln, was sentenced on October 2, 2020, by Chief United States District Judge John M. Gerrard to 10 years in federal prison for possession with the intent to distribute 50 grams or more of methamphetamine, actual (pure). Following the prison term, Sovereign will serve five years on supervised release. There is no parole in the federal system.
On April 30, 2019, Sovereign was the passenger in a car that was stopped for a traffic violation in Lincoln. A Lincoln Police Department canine indicated to the odor of narcotics. When told of this, Sovereign claimed anything found in the car belonged to her. During a search, officers found five baggies of methamphetamine. Two of the bags contained a total of at least 160 grams of methamphetamine, actual, (more than 5 ½ ounces). Also found were multiple sandwich baggies and a digital scale. Sovereign told officers she bought the methamphetamine the day before and sold small amounts of it after buying it.
This case was investigated by the Lincoln/Lancaster County Narcotics Task Force.
Central City Man Receives 30-Year Sentence for Production of Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Robert K. Hopkins, 40, formerly of Central City, Nebraska, was sentenced today in Lincoln, Nebraska, by Chief United States District Judge John M. Gerrard for production of child pornography. Hopkins was sentenced to 30 years in prison and a lifetime of supervised release. There is no parole in the federal system.
In December of 2019, a mother reported that she believed her eight-year-old daughter had been the victim of a sexual assault by Hopkins, who had been a family friend. During a forensic interview, the child informed investigators that Hopkins had taken herself and some other children on an outing to a trampoline park in early December. At one point during the outing, Hopkins had taken the victim alone away from the park on an errand. Thereafter, Hopkins drove with the girl out into the country and parked his vehicle on the side of the road. While parked, Hopkins used his cellular phone to take sexually explicit photographs of the girl. Through this and subsequent forensic interviews, the girl additionally indicated that Hopkins had sexually assaulted her on several other occasions stemming back to at least 2018.
A search warrant was executed at Hopkin’s residence and for his electronic devices. An extraction of his cellular phone revealed images as described by the victim which were taken in December of 2019.
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 along with the Grand Island Police Department and the Hall County Sheriff’s Department.
Mexican National Convicted of Firearm and Drug ChargesRead the Press Release
United States Attorney Joe Kelly announced that Jose Mena-Valdez, 36, of Mexico, was convicted on September 30, 2020, following a jury trial before Senior United States District Judge Joseph F. Bataillon of possession with intent to distribute fifty grams or more of methamphetamine and possession of a firearm in furtherance of a drug trafficking offense. Sentencing for Mena-Valdez is scheduled for January 4, 2021. Mena-Valdez is facing a term of imprisonment of at least five years to life on the drug charge and a mandatory consecutive term of imprisonment of at least five years for the firearm charge. There is no parole in the federal system.
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 containing 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 Neighborhood. Project Safe Neighborhood is a national initiative of the Department of Justice that was announced in 2001 to reduce and prevent violent crime and make the nation’s neighborhoods safer.
Grand Jury - September 2020Read the Press Release
United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 10 unsealed Indictments charging 10 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.
* Lindsey L. Bixby, age 42, of Ellsworth, Nebraska, is charged with deprivation of rights under color of law beginning on or about March 4, 2016. 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.
* Larry Brye, age 28, of Omaha, is charged in a twelve-count Indictment. Count I charges the defendant with distribution of fentanyl on May 4, 2020. The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, life term of supervised release, and a $100 special assessment. Count II charges the defendant with distribution of fentanyl on May 8, 2020. The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, life term of supervised release, and a $100 special assessment. Count III charges the defendant with distribution of marijuana on May 8, 2020. The maximum possible penalty if convicted is 5 years’ imprisonment, $250,000 fine, life term of supervised release, and a $100 special assessment. Count IV charges the defendant with distribution of fentanyl on May13, 2020. The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, life term of supervised release, and a $100 special assessment. Count V charges the defendant with distribution of marijuana on May 13, 2020. The maximum possible penalty if convicted is 5 years’ imprisonment, $250,000 fine, life term of supervised release, and a $100 special assessment. Count VI charges the defendant with distribution of methamphetamine on June 30, 2020. The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, life term of supervised release, and a $100 special assessment. Count VII charges the defendant with distribution of methamphetamine on August 11, 2020. The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, life term of supervised release, and a $100 special assessment. Count VIII charges the defendant with felon in possession of a firearm on August 19, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, three-year term of supervised release, and a $100 special assessment. Count IX charges the defendant with possession with intent to deliver a mixture containing heroin, a mixture containing cocaine, a mixture containing fentanyl, and a mixture containing hydrocodone on August 19, 2020. The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, life term of supervised release, and a $100 special assessment. Count X charges the defendant with possession with intent to deliver a mixture containing marijuana, on August 19, 2020. The maximum possible penalty if convicted is 5 years’ imprisonment, $250,000 fine, life term of supervised release, and a $100 special assessment. Count XI charges the defendant with possession with intent to deliver a mixture containing alprazolam and tramadol, on August 19, 2020. The maximum possible penalty if convicted is 5 years’ imprisonment, $250,000 fine, life term of supervised release, and a $100 special assessment. Count XII charges the defendant with possession of a firearm in furtherance of a drug trafficking crime, on August 19, 2020. The maximum possible penalty if convicted is life imprisonment consecutive to other counts, $250,000 fine, five-year term of supervised release, and a $100 special assessment.
* Miguel Escobar Garcia, age 39, is charged with illegal reentry after deportation on or about September 10, 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.
* Jacob Fay, age 35, of Omaha, is charged in a three-count Indictment. Count I charges the defendant with a felon in possession of a firearm on or about January 16, 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 possession with intent to distribute methamphetamine (mixture) on January 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 III charges the defendant with using or possessing a firearm during a drug trafficking crime on or about January 16, 2020. 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.
* Joseph B. Levering, age 40, of Winnebago, Nebraska, is charged with domestic assault by a habitual offender beginning on or about September 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.
* Miguel Lucas-Bernabe, age 53, is charged with illegal reentry after deportation on or about August 27, 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.
* Stacey Overly, age 52, is charged in a seven-count Indictment. Counts I – V charge the defendant with wire fraud beginning on or about April 3, 2012 and continuing through April 3, 2016. 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 for each count. Count VI charges the defendant with conversion of SSI benefits by a representative payee, beginning on or about December 1, 2014, and continuing to on or about May 3, 2016. 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 VII charges the defendant with theft of government funds, beginning on or about December 1, 2014, and continuing to on or about May 3, 2016. 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
* Dajuan Parker, age 22, of Macy, Nebraska, is charged in a two-count Indictment. Count I charges the defendant with burglary in Indian Country on August 19, 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 child abuse in Indian Country on August 19, 2020. The maximum possible penalty if convicted is 3 years’ imprisonment, a $250,000 fine, an eighteen-month term of supervised release, and a $100 special assessment.
* Victor Tyndall, age 30, of Macy, Nebraska, is charged in a two-count Indictment. Count I charges the defendant with strangulation on June 30, 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 domestic assault resulting in substantial bodily injury on June 30, 2020. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, an eighteen-month term of supervised release, and a $100 special assessment.
* Jordan R. Whipple, age 26, of Niobrara, Nebraska, is charged with involuntary manslaughter in Indian Country beginning on or about August 16, 2020. The maximum possible penalty if convicted is 6 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
Santee, Nebraska Man Sentenced for Assault with a Dangerous WeaponRead the Press Release
United States Attorney Joe Kelly announced that Whitney Frazier, age 34, of Santee, Nebraska, was sentenced today by United States District Judge Robert F. Rossiter, Jr. to 51 months’ imprisonment for assault with a dangerous weapon. Frazier will also serve three years of supervised release after he is released from prison. There is no parole in the federal system.
In April 2018, Frazier assaulted a female acquaintance with whom he did not have a friendship or relationship. The victim was giving Frazier a ride to a house on the Winnebago Indian Reservation. Once at the home, Frazier attacked the victim, physically assaulting her by punching her and kicking her. The victim fled back to her vehicle and tried to drive away, but Frazier followed her and was able to get into the passenger seat of the vehicle. The victim was ordered to drive by Frazier, who also brandished an item the victim initially thought was a gun, later believed to be a pellet gun. The victim drove erratically attempting to get the attention of the police. The victim drove onto the Omaha Nation Indian Reservation and Frazier placed the car into park while it was in motion, causing the vehicle to stall. When the car stopped, the victim grabbed a screw driver in the car for protection from Frazier. Frazier took the screwdriver from the victim and used the handle end to stab the victim in the eye. The victim got out of the car and began to run away and flag down a passing vehicle. Frazier fled and was later arrested.
This case was investigated by the Omaha Nation Law Enforcement Services and the Federal Bureau of Investigation.
Macy Man Sentenced for Interstate Domestic ViolenceRead the Press Release
United States Attorney Joe Kelly announced that Saville Thomas, age 18, was sentenced today by United States District Judge Brian C. Buescher to 60 months’ imprisonment for traveling to the Omaha Nation Indian Reservation and committing an act of domestic violence. Thomas will also serve three years of supervised release after he is released from prison. There is no parole in the federal system.
In February 2020, Thomas, of Macy, Nebraska, traveled and entered the Omaha Nation Indian Reservation and attempted to seize, abduct, or carry away, a minor female with whom Thomas had been in an intimate and dating relationship. Thomas entered a home through a window where the minor was sleeping, assaulted an occupant of the home, and then grabbed the minor by the hair, dragging her out of a window. Thomas was stopped from taking the minor when other occupants in the house heard the commotion and came to the victim’s aid.
This case was investigated by the Omaha Nation Law Enforcement Services and the Federal Bureau of Investigation.
Omaha Woman Sentenced to 96 Months for Drug and Money Laundering ConspiraciesRead the Press Release
United States Attorney Joe Kelly announced that Autumn Lynn Vanosdol, 52, of Omaha, Nebraska, was sentenced today by United States District Judge Brian C. Buescher for conspiracy to possess with intent to distribute 500 grams or more of methamphetamine and for conspiracy to launder the proceeds from the drug conspiracy. Vanosdol received a sentence of 96 months with a five-year term of supervised release to follow. There is no parole in the federal system.
In mid-2017, a Drug Enforcement Administration led task force initiated Operation Dog Pound, which was a drug interdiction effort focused on an Omaha drug trafficking organization. Court-authorized phone and text messaging intercepts established that Vanosdol, who was living in California at the time, sent multi-pound packages containing methamphetamine through the mail to the head of the organization, Keevan Dean. During the course of the investigation, several of the packages were intercepted by law enforcement. Vanosdol was held accountable for sending a total of 26 pounds of methamphetamine to Dean.
Vanosdol was also intercepted on her phone making arrangements with Dean to have money wired or deposited into various accounts in an attempt to conceal the proceeds of the drug transactions.
Dean was convicted of drug and money laundering conspiracies and is set for sentencing on November 18, 2020.
This case was investigated by the Drug Enforcement Administration, Nebraska State Patrol, U.S. Customs and Border Protection, Omaha Police Department, Bellevue Police Department, U.S. Postal Inspection Service, and the U.S. Attorney’s Office.
Lincoln Man Sentenced to 10 Years for Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Joshua Clutter, 24, of Lincoln, Nebraska, was sentenced today in federal court in Lincoln for Receipt of Child Pornography. Senior United States District Judge Richard G. Kopf sentenced Clutter to 120 months’ imprisonment. There is no parole in the federal system. After his release from prison, Clutter will begin a 20-year term of supervised release. He will also be required to register as a sex offender. The Court further ordered that Clutter pay restitution in the sum of $4,400 to three victims whose images were found in his collection.
On December 11, 2018, agents of Homeland Security Investigations served a federal search warrant on Clutter’s Lincoln residence. Forensic analysis revealed 465 videos of child pornography on various devices. More than 90 images included children in bondage.
During an interview, Clutter admitted downloading child pornography from age 4 and upward. He admitted to viewing child pornography for sexual gratification. Shortly after the warrant was served on his residence, Clutter went on the internet seeking to babysit young children.
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.
Guide Rock Man Sentenced for Possession of Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Robert Rose, 65, of Guide Rock, Nebraska, was sentenced on September 18, 2020, in Lincoln, Nebraska by Chief United States District Judge John M. Gerrard to four years’ imprisonment for Possession of Child Pornography. There is no parole in the federal system. Rose was also ordered to pay $3,000 in restitution. After his release from prison, Rose will have to serve a 12-year term of supervised release and be required to register as a sex offender.
On July 19, 2018, investigators with the Nebraska State Patrol executed a search warrant at Rose’s residence in Guide Rock. Rose’s laptop was seized during the search warrant and it was forensically examined by the Nebraska State Patrol. On Rose’s laptop, investigators found more than 600 images and videos of children under the age of 18 years old, including infants and toddlers, nude and/or engaging in sexually explicit conduct. Rose admitted to obtaining these images from the internet.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov .
This case was investigated by the Nebraska State Patrol.
Former Omaha Restaurant Manager Sentenced for Wire FraudRead the Press Release
United States Attorney Joe Kelly announced that Robert Giardina, 39, who most recently resided in Florida, was sentenced today in Omaha, Nebraska, by Senior United States District Judge Laurie Smith Camp to 30 months’ imprisonment for Wire Fraud. There is no parole in the federal system. Giardina was also ordered to pay $30,075.16 in restitution. After his release from prison, Giardina will have to serve a 3-year term of supervised release.
On July 24, 2017, Giardina was hired to be an Area Manager for a multi-branded restaurant management company based in Manhattan, Kansas to run three fast food franchise locations in the Omaha metropolitan area. Giardina used his brother’s information to pass a background check in the hiring process and to complete an I-9 and W-4. These three franchise locations utilized Aloha Point-of-Sale EDC software, which uses the internet to process credit card transactions. From on or about October 24, 2017, to June 5, 2018, Giardina initiated and completed approximately 275 fraudulent credit card refunds from the three franchise locations that he managed in the Omaha area. These fraudulent refunds that Giardina initiated were done so over an interstate wire and caused for funds from Victim Company’s bank account in Equity Bank in Kansas to be refunded to eight of Giardina’s personal credit cards. Giardina had not made purchases eligible for refunds and therefore each false refund to his personal credit cards involved no sales transactions forming the basis for the purported refunds. As a result of these activities, Giardina fraudulently obtained $30,075.16.
This case was investigated by the Social Security Administration-Office of the Inspector General and the Omaha Police Department.
Council Bluffs Man Pleads Guilty to Multistate Scheme to Defraud Auto Parts DealersRead the Press Release
United States Attorney Joe Kelly announced that Richard Lang, age 43, of Council Bluffs, Iowa, pleaded guilty in federal court today in Omaha, Nebraska, to conspiracy to commit wire fraud. Lang faces up to five years in prison. Senior United States District Judge Laurie Smith Camp will sentence Lang following the completion of a presentence report. Daniel Hendrickson, one of Lang’s co-conspirators, pleaded guilty to the same crime on July 28, 2020, in federal court in Omaha.
From between about February 11, 2018, through about May 17, 2018, Lang and co-conspirators, including Hendrickson, engaged in a scheme in which they obtained property from auto parts stores under false pretenses. Lang and the co-conspirators went to auto parts stores including NAPA Auto Parts, O’Reilly Auto Parts, Bauer Built Tire & Service, Allied Oil & Tire, and GCR Tire & Service, and obtained items, including tires, by falsely claiming to be associated with other business entities. Lang and his co-conspirators did not pay for the items they obtained. Instead, they had the victim auto parts stores bill the business entities that Lang and the co-conspirators claimed to work for. They perpetrated the scheme on at least 70 occasions among auto parts stores in Nebraska, Iowa, and Minnesota. They perpetrated the scheme more than 30 times at auto parts stores in Omaha. At least about $67,000 in property was obtained via the scheme.
The case was investigated by Omaha Police Department, the Bellevue Police Department, the Fremont, Nebraska Police Department, the Council Bluffs, Iowa Police Department, the Des Moines, Iowa Police Department, the Blue Earth, Minnesota Police Department, and the United States Secret Service.
Council Bluffs Bookie Sentenced for Filing False Tax ReturnRead the Press Release
United States Attorney Joe Kelly announced that Tony Merksick, 43, of Council Bluffs, Iowa, was sentenced today in Omaha, Nebraska by Chief United States District Judge John M. Gerrard to three years’ probation for Filing a False Tax Return. Merksick’s probation will include special conditions that Merksick not gamble while on probation and that the first year of probation be served in home confinement. Merksick was also ordered to pay $100,285.00 in restitution to the Internal Revenue Service.
Merksick operated an online bookkeeping operation for gambling. In 2009, Merksick created TJM Enterprises, Inc., an S-Corporation, for the purposes of reporting a portion of that income from the gambling operation to facilitate obtaining loans, mortgages, and other financing. S corporations are corporations that elect to pass corporate income, losses, deductions, and credits through to their shareholders for federal tax purposes. Shareholders of S corporations report the flow-through of income and losses on their personal tax returns and are assessed tax at their individual income tax rates.
During the investigation, special agents with the IRS interviewed clients of Merksick to determine the proceeds that Merksick was receiving from his gambling operation. Merksick’s, his wife’s, and TJM Enterprises, Inc.’s bank accounts were also reviewed. In Tax Year 2012, Merksick reported that TJM Enterprises’ gross receipts as $163,249 on a Form 1120S, which he signed under penalties of perjury. The investigation revealed that TJM Enterprises’ gross receipts for 2012 were $501,072.95. In Tax Year 2013, Merksick reported that TJM Enterprises’ gross receipts as $150,957 on a Form 1120S, which he signed under penalties of perjury. The investigation revealed that TJM Enterprises’ gross receipts for 2013 were $233,520.60.
Merksick was the sole shareholder of TJM Enterprises, Inc. The resulting tax loss on Merksick’s personal taxes that were suffered by the United States due to Merksick’s underreporting TJM Enterprises, Inc.’s gross receipts was $63,976.00 for Tax Year 2012 and $36,309.00 for Tax Year 2013. The total tax loss for Tax Year 2012 and Tax Year 2013 was $100,285.00.
“Over 10 years ago, Mr. Merksick created TJM Enterprises for the purposes of reporting a portion of the income from the gambling operation he ran to facilitate obtaining loans, mortgages, and other financing, while underreporting more than $100,000 in gross receipts on tax returns filed with the IRS in 2012 and 2013,” said Adam Steiner, Acting Special Agent in Charge of the IRS Criminal Investigation division in the St. Louis Field Office. “Those attempting to use schemes to defraud the tax system should know that IRS CI and the U.S. Attorney’s Office will continue their pursuit to protect the integrity of the tax system.”
This case was investigated by IRS Criminal Investigations.