District of Nebraska
Press releases recorded for this federal judicial district.
Eight-Time Convicted Felon Sentenced on Firearm and Counterfeit Currency ChargesRead the Press Release
United States Attorney Joe Kelly announced that Coldy D. Hackworth, age 30, of Council Bluffs, Iowa, was sentenced today in federal court in Omaha, Nebraska, for Passing Counterfeit Currency and for being a Felon in Possession of a Firearm. Senior United States District Court Judge Laurie Smith Camp sentenced Hackworth to 77 months’ imprisonment. There is no parole in the federal system. Upon his release, Hackworth will begin a 3-year term of supervised release. Hackworth was also ordered to pay $900 in restitution and a $200 special assessment.
On May 23, 2019, Hackworth made arrangements to purchase a 1995 Chevy Tahoe K1500 from the victim via LetGo.com. Hackworth met the victim and her husband at their home in Omaha and purchased the Tahoe using nine counterfeit $100 United States Federal Reserve Notes. The seller signed the title over and Hackworth drove the Chevy Tahoe away. On May 24, 2019, Hackworth registered the Chevy Tahoe in his name in the State of Iowa and his name is listed as the purchaser on the bill of sale for the Chevy Tahoe. The Chevy Tahoe was located by the Omaha Police Department on June 23, 2019, at an apartment complex in Omaha that Hackworth was known to periodically reside.
On June 19, 2019, officers with the Omaha Police Department were called to investigate a suspicious vehicle in Omaha. Upon arrival the officers located the vehicle and made contact with the vehicle’s occupants. Hackworth was the passenger of the vehicle. The driver of the vehicle admitted to being in possession of drug paraphernalia and, as a result, a search of the vehicle was conducted. During the search of the vehicle, officers located a loaded HiPoint C9 9mm handgun in a bag under the passenger seat. Hackworth informed officers “I know I’m a felon and I knew it was in there.” Hackworth later informed officers that there was $5,600 in counterfeit currency in the vehicle. This currency was located in a hidden compartment of the same bag that the firearm had been found in. On June 19, 2019, Hackworth was an eight-time convicted felon and was out on bond in state court pending sentencing for a Second Degree Assault conviction.
This case is also 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.
This case was investigated by the Omaha Police Department, the United States Secret Service, and the FBI Greater Omaha Safe Streets Task Force.
Ord Man Convicted Again for Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Reamonn C. Seaman, 25, of Ord, Nebraska, was sentenced today in Lincoln, Nebraska, by Chief United States District Judge John M. Gerrard for receipt and distribution of child pornography. Seaman was sentenced to 276 months in prison and will also serve 20 years on supervised release. There is no parole in the federal system.
Seaman was convicted of Possession of Child Pornography and Enticement by Electronic Device, both felony offenses, in the District Court of Buffalo County, Kearney, Nebraska in January of 2018. In June of 2018, while on state probation, authorities became aware that he had contacted a minor female via the internet. Seaman then admitted to his probation officer that he had relapsed. His electronic devices were seized at that time and found to contain child pornography.
In February of 2019, the probation officer contacted Seaman at his residence and found he had once again obtained computer equipment and wireless adapters in violation of his probation. Seaman admitted he had relapsed again and had sent nude photographs and videos to additional minor victims. An examination of those devices also revealed child pornography. Seaman also admitted to making physical contact with minors.
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 to 26 Years for Possessing a Firearm while Distributing MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Jayson Yanes, 40, of Omaha, Nebraska, was sentenced today in federal court in Omaha for Conspiracy to Distribute Methamphetamine and Possession of a Firearm During a Drug Trafficking Crime. United States District Court Judge Robert F. Rossiter, Jr. sentenced Yanes to 26 years’ imprisonment. Yanes faced a mandatory minimum 25-year sentence due to a prior federal conviction for Possession of a Firearm During a Drug Trafficking Crime. There is no parole in the federal system. After completing his term of imprisonment, Yanes will be required to serve a 5-year term of supervised release.
On August 1, 2018, Omaha Police Officers executed a search warrant at Yanes’ South Omaha residence. Officers recovered drug paraphernalia, approximately 11 grams of actual methamphetamine, and a firearm within arm’s reach of the methamphetamine. Yanes admitted that the firearm and the methamphetamine were his and that he had been selling methamphetamine for the previous 6 months.
This case was investigated by the Omaha Police Department.
Norfolk Man Sentenced for Child Pornography and Methamphetamine OffensesRead the Press Release
United States Attorney Joe Kelly announced that Nicholas Weaver, 34, of Norfolk, Nebraska, was sentenced today in federal court in Omaha for receiving child pornography and distributing methamphetamine. Chief United States District Court Judge John M. Gerrard sentenced Weaver to 76 months’ imprisonment for receiving child pornography and a concurrent 70-month term for distributing methamphetamine. There is no parole in the federal prison system. After his release from prison, Weaver will serve an eight-year term of supervised release and will be required to register as a sex offender. Weaver was ordered to pay $8,000 in restitution to the four minor victims whose images were among the child pornography in his collection.
In September 2017, Weaver received images of child pornography through email. He also used an internet messaging service and responded to a Craigslist posting soliciting additional child pornography. In February 2018, he distributed 13 videos and 26 image files of child pornography using a cloud storage link. On December 10, 2018, Weaver was confronted by Homeland Security Investigations. His phone was seized and 200 images of child pornography were discovered.
In February 2019, Weaver was identified through a confidential informant as a methamphetamine dealer who had sold the informant 10 to 12 ounces of methamphetamine in the preceding month. A search warrant was served on Weaver’s home in Norfolk. Seventy grams of methamphetamine were found. Weaver admitted to receiving 6 pounds of methamphetamine in the course of the past year.
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 and the Nebraska State Patrol.
Justice Department Files Lawsuit Against the Village of Walthill, Nebraska, for Restrictions on Non-Denominational Christian Church Trying to Build a Place of WorshipRead the Press Release
The Justice Department today announced that it has filed a lawsuit against the Village of Walthill, Nebraska, alleging that the Village violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) by denying Light of the World Gospel Ministries, a non-denominational, multi-ethnic Christian congregation, a permit to construct a new church in the Village. The suit alleges that the Village imposed a substantial burden on the church’s religious exercise without adequate justification and treated the church worse than comparable nonreligious assemblies and institutions.
“Treating places of worship less favorably than nonreligious assemblies is unlawful discrimination against religious exercise,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Department of Justice is committed to ensuring that governments do not deny congregations their federally protected right to exercise their faith through construction of places of worship.”
“Walthill is obligated to treat religious assemblies and institutions on equal terms with nonreligious assemblies and institutions,” said Joe Kelly, United States Attorney for the District of Nebraska. “This complaint reflects our commitment to protect the religious liberties of all people in this district.”
The complaint, filed in the District of Nebraska, alleges that on Sept. 13, 2017, the Village of Walthill denied Light of the World’s application for a special use permit to construct a church on property it owns in a commercial district in downtown Walthill. During the same period, the Village approved construction of nonreligious places of assembly in the district, including a library and an education center.
The complaint alleges that the Village’s denial of Light of the World’s application for a special use permit to construct a church violates a provision of RLUIPA, known as the “equal terms” provision, that requires religious assemblies to be treated at least as well as nonreligious assemblies. The suit also alleges that the Village’s actions imposed a substantial burden on the church’s religious exercise in violation of another provision of the Act.
RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. In June 2018, the Justice Department announced its Place to Worship Initiative, which focuses on RLUIPA’s provisions protecting the rights of places of worship and other religious institutions to worship on their land. More information is available at www.justice.gov/crt/placetoworship.
In July 2018, the Department of Justice announced the formation of the Religious Liberty Task Force. The Task Force brings together Department components to coordinate their work on religious liberty litigation and policy, and to implement the Attorney General’s 2017 Religious Liberty Guidance.
Individuals who believe they have been subjected to discrimination in land use or zoning decisions may contact the Civil Rights Division Housing and Civil Enforcement Section at (800) 896-7743, or through the complaint portal on the Place to Worship Initiative website. More information about RLUIPA, including questions and answers about the law and other documents, may be found at http://www.justice.gov/crt/about/hce/rluipaexplain.php.
Grand Jury - February 2020Read the Press Release
United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 28 Indictments charging 29 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.
* Cesar Alcocer-Escamilla, age 34, is charged with illegal reentry after deportation following a felony conviction on or about February 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.
* Felix Amaya, age 33, is charged with felon in possession of a firearm on or about February 14, 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.
* Arely Araus-Bonilla, age 43, is charged in a two-count Indictment. Count I charges the defendant with social security fraud on or about February 11, 2019. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges the defendant with fraud and misuse of visas and other documents on or about February 11, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment
* William Douglas Bean, age 67, of Lincoln, Nebraska, is charged in a two-count Indictment. Count I charges the defendant with conspiracy to distribute and possession with intent to deliver 500 grams or more of methamphetamine (mixture) beginning in January 1, 2018, and continuing through September 19, 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. Count II charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine (mixture) on or about September 19, 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.
* Vincente Camacho-Bustos, age 34, is charged with illegal reentry after deportation on or about February 6, 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.
* Drake C. Chrastil, Sr., age 50, of Omaha, is charged in a two-count Indictment. Count I charges the defendant with production of child pornography on or about January 2011 and continuing to on or about June 2011. The offense carries a 15-year mandatory minimum sentence and a maximum possible penalty of 30 years’ imprisonment, a $250,000 fine, a Life term of supervised release, a $100 special assessment, and a $50,000 additional special assessment and $3,000 Restitution. Count II charges the defendant with possession of child pornography on or about May 8, 2019. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a Life term of supervised release, a $100 special assessment, and a $17,000 additional special assessment and $3,000 Restitution.
* Benjamin Delany, age 24, is charged with assaulting, resisting, or impeding certain officers or employees on or about May 22, 2019. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Jesus Gallegos Aguirre, age 49, is charged with illegal reentry after deportation on or about January 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.
* Manuel Gama Echebeste, age 36, is charged with illegal reentry after deportation on or about February 4, 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.
* Leonardo Gonzalez-Por, age 28, and Freddy Martinez-Ramos a/k/a Diego Gonzalez-Pol, age 35, are charged in a three-count Indictment. Count I charges Leonardo Gonzalez-Por with illegal reentry after deportation on or about January 31, 2020. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment. Count II charges Freddy Martinez-Ramos a/k/a Diego Gonzalez-Pol with illegal reentry after deportation on or about January 31, 2020. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment. Count III charges the defendants with forcibly assaulting/resisting/impeding/opposing the duties of a federal officer on or about January 31, 2020. The maximum possible penalty if convicted for each defendant is 1 year imprisonment, a $100,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Tina Hardin, age 51, of Omaha, is charged with threatening federal officials on or about January 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.
* Ramiro Hernandez-Rubacalba, age 37, is charged with illegal reentry after deportation following a felony conviction on or about February 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.
* Cameron M. Hogan, age 43, of Omaha, is charged with misappropriation of postal funds on or about October 1, 2018 and continuing through on or about February 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.
* Francisco Jacinto Rafael, age 31, is charged with illegal reentry after deportation on or about February 11, 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.
* Tomas Jacinto Rafael, age 37, is charged with illegal reentry after deportation on or about February 11, 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.
* Manuel de Jesus Lopez-Aquino, age 37, is charged with illegal reentry after deportation on or about February 11, 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.
* Cesar Marino-Alarcon a/k/a Cesar A. Marino a/k/a Cesar Alcarcon-Juarez, age 60, is charged with illegal reentry after deportation on or about August 24, 2018, 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.
* Juan Carlos Martinez-Perez, age 25, is charged with illegal reentry after deportation on or about January 23, 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.
* Orlando Miranda De La Cruz, age 36, is charged in a three-count Indictment. Count I charges the defendant with illegal reentry after deportation following a felony conviction on or about January 27, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Counts II and III charge the defendant with assaulting/resisting/impeding a federal officer on or about January 27, 2020. The maximum possible penalty for each count if convicted is 8 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment for each.
* Jose Edwvijes Moreno, age 19, is charged with distribution of 500 grams or more of methamphetamine (mixture) on or about February 11, 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.
* Skye Parde, age 37, of Nebraska City, is charged in a two-count Indictment. Count I charges the defendant with obtaining controlled substance by misrepresentation between April 1, 2018 and November 13, 2018. The maximum possible penalty if convicted is 4 years’ imprisonment, $250,000 fine, one-year term of supervised release, and a $100 special assessment. Count II charges the defendant with possession of a controlled substance on or about April 1, 2018 and November 13, 2018. The maximum possible penalty if convicted is 1 year imprisonment, a $1,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Jose Luis Perez Aguilar, age 37, is charged with illegal reentry after deportation following a felony conviction 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.
* Amalia Perez Gonzalez, age 49, is charged with fraud and misuse of visas and other documents on or about September 19, 2014. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, three-year term of supervised release, a $100 special assessment.
* Yuber Puc-Cisneros, age 43, is charged with illegal reentry after deportation on or about February 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.
* Eleazar Rodriguez Ramirez, age 45, is charged with illegal reentry after deportation following a felony conviction on or about September 19, 2014. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, three-year term of supervised release, a $100 special assessment.
* Marie Schaeffer, age 56, of Omaha, is charged with possession with intent to deliver 500 grams or more of methamphetamine (mixture) on November 16, 2019. The maximum possible penalty for each if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment.
* Jesse Shirley, age 38, of Omaha, is charged in a two-count Indictment. Count I charges the defendant with possession with intent to deliver methamphetamine (mixture) on December 24, 2019. The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, three-year term of supervised release, and a $100 special assessment. Count II charges the defendant with using or possessing a firearm during a drug trafficking crime on or about December 24, 2019. The maximum possible penalty if convicted is life imprisonment consecutive to the methamphetamine charge, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment.
Dwight Man Sentenced for Producing and Possessing Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Michael Dean McCullar, 47, of Dwight, Nebraska, was sentenced today in Lincoln, Nebraska, by Chief United States District Judge John M. Gerrard to 360 months’ imprisonment for production of child pornography and 140 months for possessing child pornography. The sentences were ordered to run consecutively. McCullar was also ordered to pay $154,136.00 in restitution and assessments of $30,200.00. He will also be required to register as a sex offender. Once released from prison, he will be on supervised release for the remainder of his life. There is no parole in the federal system.
In February, 2019, Special Agents of Homeland Security Investigations (HSI) office in Omaha received an investigative lead from agents in Boston, Massachusetts regarding the possible production of child pornography by a suspect in Dwight, Nebraska. Agents in HSI Boston had been conducting an investigation into persons utilizing various chat rooms and dark web internet sites to discuss and trade child pornography. Agents noted an individual (later identified as McCullar) who was sharing self-produced images and initiated a conversation with him. McCullar provided images to the agent.
In February, 2019, agents served a federal search warrant at McCullar’s residence and discovered McCullar was in Tampa, Florida on a business trip. Agents located McCullar in Tampa and he was transported back to Nebraska. Once interviewed, McCullar admitted to producing and sharing the images of child pornography. Upon examination of the devices seized from McCullar, more than 30,000 images and 1,500 videos of child pornography were recovered.
U.S. Attorney Kelly praised the investigative efforts of Homeland Security Investigations in locating and stopping this dangerous child predator. U.S. Attorney Kelly noted that today’s sentencing, totaling 41 years and 10 months, should send a clear message to those who prey on our children that their actions will result in the most severe of consequences.
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 Department of Homeland Security Investigations.
Felon Sentenced in Robbery that Took Place During a Law Enforcement Gun BuyRead the Press Release
United States Attorney Joe Kelly announced that Dajuan Sharron, 43, of Omaha, was sentenced today by United States District Judge Robert F. Rossiter, Jr. to 96 months’ imprisonment for Robbery of Personal Property of the United States. He will also be required to pay $1,500 in restitution to the Bureau of Alcohol, Tobacco, Firearms and Explosives and will serve 3 years of supervised release following his release from prison. There is no parole in the federal system.
The Bureau of Alcohol, Tobacco, Firearms and Explosives was using a Confidential Informant (CI) to make controlled purchases of firearms and narcotics as part of a larger operation specifically targeting members of the Trip Set and African Pride gangs. On August 7, 2018, during one of these buys, Sharron entered the CI’s vehicle and robbed the CI by concealing his hand in a bag and mimicking having a firearm. Sharron threatened to shoot the CI if he didn’t give him the money he had with him, $1,500 in ATF buy money. In addition to $1,500, Sharron took the cell phones of two suspected drug dealers who were also in the vehicle before fleeing the area on foot. The event took place in a law enforcement vehicle that was equipped with an audio and video recording system, which captured the robbery and threats made by Sharron. He was later arrested along with the other two individuals in the car on that day.
On August 28, 2019, a jury found Sharron guilty of the offense. He has prior convictions for Felon in Possession of a Firearm, 2nd Degree Assault, Felon in Possession of a Deadly Weapon, and Domestic Assault.
This case was part of a Project Safe Neighborhood initiative and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Omaha Police Department.
North Platte Man Receives 40-Year Sentence for Production of Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Mathew S. Goad, 34, of North Platte, Nebraska, was sentenced today in Lincoln, Nebraska, by Chief United States District Judge John M. Gerrard for conspiracy and production of child pornography. Goad was sentenced to 40 years in prison and a lifetime of supervised release. He will also be required to register as a sex offender and pay $3,600 in restitution. There is no parole in the federal system.
In March of 2019, a state search warrant was served at the home of a target living in Kansas City, Missouri. During a forensic examination of the computer seized in the Kansas City investigation, the examiners located screenshots of a chat between the Kansas City target and Mathew Goad. During the chat, Goad indicated he had sexually assaulted a child and recorded that assault. Goad then sent the recording to the target. Further investigation revealed that Goad and his co-defendant, Cory Preitauer, were both involved in the production of the video. Preitauer will be sentenced at a later date.
After his arrest, Goad admitted to the production and distribution of the video during an interview with law enforcement. Agents conducted a forensic examination of electronic devices owned by Goad that were seized at the time of his arrest. There were approximately 3,400 image files and 800 video files of child pornography recovered from Goad’s laptop computer.
U.S. Attorney Kelly added, “The actions of Goad and his co-defendant will have a lifelong effect on this young victim. Today’s sentence sends a powerful message to those who prey on the most vulnerable of children.”
“The terrible and deliberate acts of this individual hurt both the victim and victim’s family. While this sentence will never remove this hurt, it should reassure the public that the FBI will vigorously pursue child predators until justice is served and children are rescued,” said FBI Special Agent in Charge Kristi Johnson.
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.
Bennington Man Sentenced for Failing to Pay Withholding TaxesRead the Press Release
United States Attorney Joe Kelly announced that David E. Doll, 60, of Bennington, Nebraska, was sentenced today in Lincoln, Nebraska, by Senior United States District Judge Richard G. Kopf for failure to pay over withholding taxes. Doll was sentenced to 5 years’ probation and was ordered to pay $279,609.77 in restitution.
During 2012 and 2013, David E. Doll operated and owned Double D Excavating (DDE) and Load Rite Excavating (LRE), which operated in Omaha and Bennington, Nebraska. Doll was responsible for authorizing business expenses, authorizing payment of employee paychecks, signing of employee paychecks, approval of payments made by the corporation, and approval of payment of “payroll taxes” to the Internal Revenue Service.
During 2012 and 2013, Doll’s businesses withheld federal income taxes, and Medicare and Social Security taxes, commonly referred to as “payroll taxes,” from his employees’ paychecks. Doll was then required to make deposits of those “payroll taxes” to the IRS on a periodic basis. Doll was also required to file a Form 941, “Employer’s Quarterly Federal Income Tax Return” for those businesses at the end of each calendar quarter. When filed correctly, the Form 941 sets forth the total amount of wages and other compensation subject to withholding, the total amount of income taxes withheld, the total amount of “payroll taxes” due, and the total tax deposits. Doll did not make those filings with the IRS and also did not pay those withheld “payroll taxes” to the IRS on behalf of his employees.
“Employers have a responsibility to their employees to withhold the proper amount of taxes and pay those taxes over to the IRS,” said IRS Criminal Investigation Special Agent in Charge Karl Stiften. “When employers fail to do so, it affects revenue to the United States government, but more importantly, it could affect their employees’ Medicare and Social Security benefits.”
This case was investigated by the Internal Revenue Service.
United States Attorney Addresses Topic of Sanctuary CitiesRead the Press Release
United States Attorney Joe Kelly touted increased public safety as a result of cooperation among law enforcement agencies Monday during a press conference addressing the lack of so-called “sanctuary jurisdictions” in Nebraska. Attendees also included Shawn Byers, Acting Field Office Director for U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations in St. Paul, Minnesota, which oversees Nebraska; Eric Ouellette, Assistant Field Office Director, ICE Omaha; Greg Jensen, Assistant Field Office Director, ICE Omaha; and James Webb, Assistant Special Agent in Charge, Homeland Security Investigations Omaha. All are with various components of ICE.
Kelly advised that immigration authorities in Nebraska, unlike in some other states, enjoy excellent cooperation between federal and state authorities when dealing with offenders who are found to be in the United States illegally. Kelly reported that in the District of Nebraska, immigration authorities routinely receive timely notice and assistance when undocumented offenders are encountered by law enforcement and/or correctional facilities. The cooperation between state and federal authorities has made it possible to remove many dangerous offenders from the community before additional crimes could be committed. Kelly noted several cases, (summaries accompany this release), where aliens arrested and convicted of serious offenses such as first degree sexual assault and sexual assault of a child, were seamlessly transferred from the custody of state authorities to the custody of federal authorities who promptly removed them from the country. According to U.S. Attorney Kelly, “Public safety is paramount and the solid cooperation that exists between authorities at every level in Nebraska allows us to have a safer state. If local authorities did not cooperate with federal officials like they do, it is a certainty that many dangerous offenders would have been released to the streets of Nebraska rather than removed from the country.”
Shawn Byers, Acting Field Office Director for ICE St. Paul, which oversees Nebraska, added “Cooperation between federal, state and local law enforcement agencies is quite simply the most effective way of promoting public safety. Sanctuary city policies simply don’t work. Instead of promoting public safety, sanctuary policies put the lives of our communities’ residents at greater risk. The District of Nebraska has no communities that identify as sanctuary jurisdictions. As such, the public is more secure as a direct result of cooperation between law enforcement agencies in this District.”
Further information can be obtained from Shawn Neudauer, Public Affairs Officer, ICE Spokesman, St. Paul, Minnesota, (612) 843-8985.
Convicted Aliens Removed After First Contact with State Authorities
- Elvin SIBRIAN-Monge
- Entered without inspection and found to have no immigration status
- 2018 - Arrested in Sarpy County for sexual assault on a child in the first degree. Immigration detainer filed.
- 2019 – Convicted of third degree sexual assault of child and sentenced to the state penitentiary. Immigration detainer followed him.
- Came to ICE custody on 01/03/2020
- Deported to El Salvador on 01/20/2020
- Javier VELASQUEZ-Velazquez
- Found with long-expired temporary work permit and no current immigration status
- 2006 – convicted in Lancaster County of burglary, attempted first degree sexual assault, and attempted robbery, and sent to the state penitentiary.
- ICE filed detainer with the state in 2009.
- Came to ICE custody on 11/01/2019.
- Deported to Mexico on 11/13/2019.
- Gonzalo LOPEZ-Rios
- Entered without inspection and later found with no immigration status
- 2018 – Lancaster County arrest for first degree sexual assault. Immigration detainer filed.
- 2019 – Convicted and sent to state penitentiary and the detainer followed.
- Came to ICE custody on 10/31/2019
- Deported to Mexico on 11/06/2019.
- Juleio LOPEZ-Cayax
- Entered without inspection and later found to have no immigration status
- Hall County conviction for third degree sexual assault of a child. ICE filed a detainer.
- Sent to the state penitentiary and the ICE detainer followed.
- Came to ICE custody on 10/09/2019.
- Deported to Guatemala on 10/18/2019.
- Jose MENDES-Hernandez
- Entered without inspection and found to have no immigration status
- 2018 –Arrested for terroristic threats and use of a weapon to commit a felony. Immigration detainer filed due to a previous conviction for attempted robbery.
- Came to ICE custody on 01/08/2019
- Deported to Honduras on 02/08/2019
Aliens Prosecuted Federally Following an Illegal Reentry
Reentering the United States after being deported is a felony under federal law, punishable by up to 20 years in prison depending on the alien’s criminal record. The U.S. Attorney’s Office prosecutes those found to have illegally reentered the United States and been arrested in Nebraska.
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- This past fall, ICE arrested an individual in Harvard, NE who had been deported in 2010. This individual had been convicted of robbery in 2008, and had known gang affiliations. ICE and the U.S. Attorney’s Office prosecuted him for illegal reentry, and he is currently serving a 10-month sentence. He will be deported again following his discharge from prison.
- Just last month, Merrick County authorities arrested an individual that had been deported from the United States twice, with four previous convictions for driving without a license, four for other traffic violations, and other convictions for assault on a female, intoxicated and disruptive behavior, and visa or document fraud, as well as illegal entry into the U.S. This person is currently being prosecuted in Nebraska for illegally reentering the United States after deportation, and will likely serve a prison sentence before being deported to Mexico.
- Last year, ICE arrested an individual here in Omaha during a vehicle stop. This individual had previously been convicted of manslaughter and deported from the United States. He was prosecuted here in Omaha and is currently serving a 15-month sentence for illegal reentry after deportation.
- Elvin SIBRIAN-Monge
Omaha Daycare Owners Sentenced for Fraudulent PracticesRead the Press Release
United States Attorney Joe Kelly announced that Naimi Haji, 29, and her husband, Abdikadir Miji, 32, both of Omaha, Nebraska, were sentenced today in Lincoln, Nebraska, by Chief United States District Judge John M. Gerrard for theft of government property. Miji was sentenced to 8 months in prison and will also serve 3 years on supervised release. He is to pay $100,287.06 in restitution. There is no parole in the federal system. Haji will be on federal probation for 5 years and pay restitution in the amount of $42,840.20.
The Omaha couple owned Comfort Home Care and M&N Day Care Center which were licensed by the State of Nebraska as Family Child Care Home II businesses. Haji signed contracts with the State of Nebraska to receive reimbursement payments through the Child Care and Development Fund program (CCDF) for child care expenses for eligible children pursuant to the rules and regulations of the United States and the State of Nebraska. Miji and Haji then submitted claims for the daycares for reimbursement.
Investigation by the Nebraska Department of Health and Human Services and the United States Department of Health and Human Services showed that between June 1, 2015 and April 1, 2016, Miji and Haji worked to submit false claims relating to the number of children attending the daycare facilities in order to receive payments from the United States and the United States Department of Health and Human Services through the Child Care and Development Block Grant Program. The claims contained false information about the number of students attending the daycares on given days and the hours students were at each daycare. Based on those false claims, the U.S. Department of Health & Human Services reimbursed $42,840.02 alone. Miji and Haji then converted those fund for their own personal use. The total loss from the day care centers amounted to $100, 278.06.
“Every dollar in the taxpayer-funded child care program is vitally important to our nation’s families,” said Curt Muller, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “Working with our State and Federal law enforcement partners, we will investigate and seek justice against those who would attack these crucial benefits.”
This case was investigated by U.S. HHS Office of Investigations and Office of Audit Services, the State of Nebraska HHS Investigations, Department of Homeland Security, and Housing & Urban Development Office of Investigations.
Man Sentenced to more than 11 Years for Possessing with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that on February 7, 2020, Ignacio Tapia-Lopez, age 38, was sentenced in federal court in Omaha, Nebraska, for Possession with Intent to Distribute Methamphetamine. United States District Court Judge Robert F. Rossiter, Jr. sentenced Tapia-Lopez to 11 years, 7 months of imprisonment. There is no parole in the federal system. After completing his term of imprisonment, Tapia-Lopez will be deported to Mexico as he is not a U.S. citizen.
On July 30, 2019, agents with the Department of Homeland Security Investigations were conducting surveillance on Tapia-Lopez as part of an ongoing narcotics investigation. During the surveillance, Tapia-Lopez was observed driving a vehicle near Interstate 480 and Martha Street, and was stopped by an Omaha Police Officer after committing a traffic infraction. Tapia-Lopez was identified as the driver and sole occupant of the vehicle. A drug detecting canine was deployed and alerted to the odor of narcotics coming from within the vehicle. A subsequent search revealed 23 pounds of methamphetamine in a box on the front passenger seat. During a post-arrest interview, Tapia-Lopez admitted to his involvement in distributing narcotics.
This case was investigated by the U.S. Department of Homeland Security Investigations and the Omaha Police Department.
Lincoln Man Sentenced to 30 Months Imprisonment for Possession of AmmunitionRead the Press Release
United States Attorney Joe Kelly announced that Deaviea Brown, age 19, was sentenced today to 30 months’ imprisonment to be followed by two years of supervised release. Brown pleaded guilty to a charge of being a convicted felon in possession of ammunition on November 13, 2019. There is no parole in the federal system. The Honorable Richard G. Kopf, Senior United States District Court Judge, presided over the case.
The Lincoln Police Department’s Gang Unit and the FBI have been investigating a local street gang named “Day One Brothers” or “D1B.” In doing so, they learned that one member of the gang purchased a silver and black Taurus Model G2C 9mm handgun on May 3, 2019. Police officers executed a search warrant at that member’s residence on June 14, 2019 and recovered that firearm, along with other evidence. As part of the search warrant, police also seized and searched that gang member’s cellular phone. The phone contained numerous pictures of that gang member, and several of his friends and associates, in possession of that firearm, among other firearms. One of the people depicted was Deaviea Brown.
Brown was convicted of attempted possession of a controlled substance with the intent to deliver on January 22, 2019, in the District Court of Lancaster County, Nebraska. That prior felony conviction precludes him from possessing ammunition or firearms. On June 2, 2019, Brown was arrested and found to be in possession of ammunition.
In addition to the Lincoln Police Department and the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives also provided assistance.
Norfolk Man Pleads Guilty to First Degree Murder in Indian CountryRead the Press Release
United States Attorney Joe Kelly announced that Joseph Lloyd James, 48, of Norfolk, entered a plea of guilty today in federal court in Omaha to First Degree Murder in Indian Country. James murdered Phyllis Hunhoff, of Yankton, South Dakota, on the Santee Sioux Indian Reservation in Nebraska. United States District Court Judge Brian C. Buescher ordered a presentence investigation report and set sentencing for May 6, 2020 at 10 a.m. in Omaha. James’s plea agreement mandates a life sentence. As part of his plea agreement, he waives his right to appeal, to seek a pardon, or commutation.
Phyllis Hunhoff regularly traveled from her home in Yankton to her mother’s home in Utica, South Dakota. Her regular practice was to call her mother upon returning to Yankton. On November 4, 2018, at approximately 10 p.m., Phyllis Hunhoff left her mother’s residence, alone, to drive home to Yankton. She did not call her mother as she did not make it home. Having not heard from her daughter, her mother began repeatedly calling her phone to determine her whereabouts. All calls were unanswered.
James and other men were near Phyllis Hunhoff’s mother’s residence as she was leaving. James and another man encountered Phyllis Hunhoff outside of the residence and got into her car with her inside. James, Phyllis Hunhoff, and another man traveled to Norfolk, Nebraska, arriving at about 11:00 p.m. When they arrived in Norfolk, James remained in the vehicle, and the other man left the vehicle. James drove Phyllis Hunhoff’s vehicle, with her inside, to the Santee Sioux Indian Reservation in Knox County, Nebraska.
During the early morning hours of November 5, 2018, while on the Santee Sioux Indian Reservation, James killed Phyllis Hunhoff. He stabbed her with a knife and strangled her. She died in her vehicle as a result of the bleeding and strangulation. James drove Phyllis Hunhoff’s vehicle to a gas station on the Santee Sioux Indian Reservation. Video from the gas station showed James putting gasoline into her vehicle and driving away. Later, James returned in the same vehicle to the gas station and pumped gasoline into a soda bottle. James put the bottle containing the gasoline into the vehicle. He then drove to a wooded location on the Santee Sioux Indian Reservation in Knox County, Nebraska, where he set fire to Hunhoff’s body and her vehicle to conceal evidence of the murder. He abandoned the body and vehicle and left the area.
Law enforcement officers investigated the murder and obtained evidence, including surveillance footage of James at the gas station during the early morning hours of November 5, 2018. Santee Police recovered the shirt James was wearing when he killed Phyllis Hunhoff from a trash receptacle. Her DNA was on James’ shirt. James’s DNA was on clothing Phyllis Hunhoff was wearing when he killed her.
United States Attorney Joe Kelly expressed his appreciation for the hard work and cooperation of multiple law enforcement agencies in both Nebraska and South Dakota. “The quick and thorough work of these agencies, coupled thereafter with the acquisition of digital evidence, resulted in holding James accountable for this horrific crime and tragic loss for the Hunhoff family,” said USA Kelly.
FBI Special Agent in Charge Kristi Johnson added, “The FBI’s partnership with the Santee Sioux Nation Tribal Police, Knox County Sheriff, and Nebraska State Patrol were vital to the success of this investigation. So long as our Native American partners face terrible crimes like this on reservation land, the FBI stands ready to work alongside them as we together seek justice for all.”
The case was investigated by the Federal Bureau of Investigation, the Nebraska State Patrol, Knox County Sheriff’s Office, Santee Sioux Nation Tribal Police, Yankton County Sheriff’s Office, Yankton Police Department (South Dakota), Norfolk Police Department, the University of Nebraska Medical Center, the Nebraska State Fire Marshal, and the Lincoln Police Department.
Lincoln Man Sentenced to 400 Months for Receiving Child Pornography and Possessing Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Jack Eugene Knight, age 54, was sentenced today in federal court in Omaha, Nebraska, for two counts of Receiving Child Pornography and two counts of Possessing Child Pornography. United States District Judge Robert F. Rossiter, Jr. sentenced Knight to 400 months of imprisonment. There is no parole in the federal system. After completing his term of imprisonment, Knight will begin a lifetime term of supervised release. Knight was convicted of the offenses following a four-day jury trial in October of 2019.
The evidence at trial established that a November 2017 CyberTip from the National Center for Missing and Exploiting Children led federal law enforcements agents from the Department of Homeland Security to investigate Knight for committing federal child exploitation offenses. As part of the investigation, on August 22, 2018, federal agents executed a search warrant of Knight’s van which is where Knight was living at the time. Agents seized two cellular telephones, one laptop, and multiple external storage devices. Knight admitted to agents to collecting child pornography and told agents that child pornography would be located on the devices inside of his van. Knight also told agents that he had a storage unit in Lincoln, Nebraska which contained more devices containing child pornography. Agents traveled to Lincoln and collected three laptops from the defendant’s storage unit in Lincoln.
On September 24, 2018, after conducting initial forensics of some of Knight’s devices, agents arrested Knight in Valley, Nebraska. At the time of the arrest, Knight had a new cellular phone that he obtained after the August 22, 2018 search warrant. Knight admitted that additional child pornography would be located on this new cellular phone. Agents seized the new cellular phone for forensic analysis.
Agents conducted forensics analysis of Knight’s devices. Among Knight’s laptops, cell phones, and external storage devices, agents located more than 8,000 images of child pornography and 3,000 videos of child pornography. The images included children under the age of 12 and prepubescent minors engaging in sex acts.
Knight has prior convictions for attempted sexual assault of a child (1996- Lancaster County, Nebraska), Third Degree Sexual Assault of a Child (2013- York County, Nebraska), and Possession with Intent to Distribute Visual Depiction of Sexually Explicit Acts (2013- York County, Nebraska). Knight is a registered sex offender in the state of Nebraska.
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 Department of Homeland Security- Homeland Security Investigations.
Omaha Man Sentenced for Being a Felon in Possession of a FirearmRead the Press Release
United States Attorney Joe Kelly announced that Michael Stine, 33, of Omaha, Nebraska, was sentenced today to 46 months in prison by Senior United States District Judge Laurie Smith Camp for being a felon in possession of a firearm. There is no parole in the federal system. Following his release from prison, Stine will serve 3 years of supervised release.
On February 22, 2019, officers observed a 2008 Jetta parked in a handicapped stall at America’s Best Hotel parking lot. Officers ran a data check on the plates and determined that the plates belonged to another vehicle. Officers made contact with the vehicle and observed four occupants. The officer ran a data check and learned that Stine was a convicted sex offender who had a warrant out for his arrest out of Kansas. The officers attempted to remove Stine from the vehicle and he resisted. A Taser was utilized and he fell out of the vehicle, dropping a short shotgun. Stine has a prior felony conviction and is prohibited from possessing a firearm.
This case was investigated by the Omaha Police Department.
David City Man Sentenced for Conspiracy to Possess Methamphetamine with Intent to DistributeRead the Press Release
United States Attorney Joe Kelly announced that David Rogers, 35, of Omaha Nebraska, was sentenced today by Judge Robert F. Rossiter to 120 months (10 years) incarceration for conspiracy to possess methamphetamine with intent to distribute. There is no parole in the federal system. His term of incarceration will be followed by a five-year term of supervised release.
On October 18, 2018, a Dodge County Deputy Sheriff conducted a traffic stop on a vehicle driven by Rogers for crossing a fog line. During the stop, a K9 indicated to the odor of narcotics coming from within the vehicle. A search of the vehicle revealed pipes, a scale, multiple baggies, several knives, and a personal safe containing more than 110 grams of actual methamphetamine. During a post-arrest interview, Rogers admitted to distributing half-pound quantities of methamphetamine in the previous month.
This case was investigated by the Dodge County Sheriff’s Department.
Walthill Man Convicted of StrangulationRead the Press Release
United States Attorney Joe Kelly announced that Bernard Jackson, 44, was found guilty on January 29, 2020, following a two-day jury trial in federal court for Strangulation and Domestic Assault by a Habitual Offender. Senior United States Judge Laurie Smith Camp scheduled Jackson’s sentencing for April 27, 2020, at 9:00 a.m. Jackson faces up to ten years in prison on the Strangulation count.
In October 2019, tribal officers with the Omaha Nation Law Enforcement Services responded to a residence in Walthill, Nebraska, on a report of a domestic assault. The victim reported that Jackson had dragged her across the floor by her arm, lifted her by her neck, and punched her multiple times in the head and face. Jackson has at least four prior convictions for domestic assaults against the same victim.
This case was investigated by the Omaha Nation Law Enforcement Services and the Federal Bureau of Investigation.
Longtime Fugitive Sentenced for Methamphetamine ChargeRead the Press Release
United States Attorney Joe Kelly announced that on January 30, 2020, Mario Trejo Flores, 45, of Lincoln, was sentenced to 11 years and three months in prison by Senior United States District Judge Richard G. Kopf for possession with intent to distribute methamphetamine and 10 years in prison for failure to appear. Those sentences will be served concurrently (at the same time). There is no parole in the federal system. Following the prison terms, Trejo Flores will serve four years on supervised release. However, he is likely to be deported to Mexico upon completion of his prison sentence. Trejo Flores was also ordered to forfeit $611.00 to the United States of America and pay $200 in special assessments (court costs).
On November 7, 2010, Lincoln narcotics officers conducting surveillance on the residence of a known drug dealer saw Trejo Flores leave that location in a pickup truck. Trejo Flores was stopped for a traffic infraction. Upon contact with officers, he refused to obey officers’ commands and show his hands. After a scuffle with officers, Trejo Flores was searched, and officers found a small amount of methamphetamine in a cigarette pack and a box-cutter knife in his pockets. Officers found approximately 10 grams of pure methamphetamine, multiple baggies, a digital scale, suspected drug transaction records and $611 in cash in the pickup.
Trejo Flores pled guilty to possession with intent to distribute five grams or more of methamphetamine in September of 2011. He was scheduled for sentencing on December 16, 2011, but he failed to appear. In May of 2012, an additional charge of failure to appear was filed. Trejo Flores remained a fugitive for almost eight years until his arrest on October 9, 2019.
This case was investigated by the Lincoln/Lancaster County Drug Task Force and the United States Marshals Service.
Omaha Woman Sentenced for Conspiracy to Distribute HeroinRead the Press Release
United States Attorney Joe Kelly announced that Makayla Morrissey, 33, of Omaha, Nebraska, was sentenced on January 29, 2020, to 15 months in prison by United States District Judge Robert F. Rossiter, Jr. for conspiracy to distribute and possess with intent to distribute 100 grams or more of heroin. There is no parole in the federal system. Following her release from prison, Morrissey will serve three years of supervised release. She will also forfeit $11,470.00 in U.S. currency.
Law enforcement officers did two controlled buys and executed searches on Morrissey’s residence and recovered more than 100 grams of heroin and $11,470 in U.S. currency. The defendant was involved with other individuals in buying and selling heroin.
This case was investigated by the Omaha Police Department.
Omaha Man Sentenced for Being a Felon in Possession of a FirearmRead the Press Release
United States Attorney Joe Kelly announced that Nicholas Gragg, 28, of Omaha, Nebraska, was sentenced today to 30 months in prison by Senior United States District Judge Laurie Smith Camp for being a felon in possession of a firearm. There is no parole in the federal system. Upon his release from prison, Gragg will serve a three-year term of supervised release.
On December 11, 2018, the Douglas County Sheriff’s Office attempted to serve an arrest warrant on Gragg. Law enforcement received information that Gragg was hiding at a local residence. Officers went inside the residence and made contact with four females, who claimed Gragg was not at the residence. While searching for Gragg, the officers located a .380 Glock handgun sitting on a couch. Gragg was eventually located in a crawl space inside the walls of the house, and officers had to use a K9 to get him to come out. Gragg is prohibited from having a firearm due to a 2018 conviction for possession of a controlled substance.
This case was investigated by the Omaha Police Department and the Douglas County Sheriff’s Office.
Grand Jury - January 2020Read the Press Release
United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 28 Indictments charging 30 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.
* Juan Guadalupe Balbuena Gallegos, age 37, is charged with illegal reentry after deportation on or about January 16, 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.
* Andres Bautista Velasquez, age 39, is charged with illegal reentry after deportation on or about November 18, 2019. 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.
* Shane A. Bertucci, age 36, is charged with domestic assault by a habitual offender on or about January 8, 2020. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, a $100 special assessment.
* Leonel Dario Blanco-Sanchez, age 21, and Samantha Perez-Juarez, age 20, are charged with conspiracy to distribute and possession with intent to deliver 500 grams or more of methamphetamine (mixture) beginning in November 1, 2019, and continuing through January 8, 2020. The maximum possible penalty for each if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment.
* Timothy A. Caruso, age 43, is charged with receipt and distribution of child pornography on or about December 24, 2018. Because of his prior child pornography conviction, Caruso faces a 15-year mandatory minimum and a maximum possible penalty of 40 years’ imprisonment, a $250,000 fine, a Life term of supervised release, a $100 special assessment, and a $17,000 additional special assessment.
* Henry Richard Cline, age 60, is charged with failing to register as a sex offender on or about February 1, 2019 through on or about September 26, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, five-year term of supervised release, a $100 special assessment.
* Darien Duran-Castellon, age 36, and Alejandro Cossio, are charged with transmitting threatening communications in interstate and foreign commerce on or about January 1, 2019 and on or about December 17, 2019. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, three-year term of supervised release, a $100 special assessment.
* Martin Garcia, age 39, is charged with illegal reentry after deportation following a felony conviction on or about January 2, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Jorge Garcia Zavalta, age 31, is charged with illegal reentry after deportation on or about December 26, 2019. 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.
* Alex Dunte Green, age 32, is charged with possession with intent to distribute 500 grams or more of cocaine (mixture) on or about June 3, 2019. The maximum possible penalty if convicted is life imprisonment, $8,000,000 fine, eight-year term of supervised release, and a $100 special assessment.
* Fermin Heredia-Lopez, age 27, is charged with conspiracy to distribute and possession with intent to deliver 500 grams or more of methamphetamine (mixture) and 500 grams or more of cocaine (mixture) beginning in October 4, 2019, and continuing through January 11, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency seized on or about January 11, 2020.
* Robert Keith Hopkins, age 39, of Central City, Nebraska, is charged in a two-count Indictment. Count I charges the defendant with production of child pornography on or about December 9, 2019. The offense carries a 15-year mandatory minimum sentence and a maximum possible penalty of 30 years’ imprisonment, a $250,000 fine, a Life term of supervised release, a $100 special assessment, and a $50,000 additional special assessment. Count II charges the defendant with possession of child pornography on or about December 17, 2019. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a Life term of supervised release, a $100 special assessment, and a $17,000 additional special assessment.
* Kevin C. Johnson, age 34, of Omaha, is charged in a four-count Indictment. Count I charges the defendant with possession with intent to distribute 28 grams or more of crack cocaine (mixture) on or about December 6, 2019. The maximum possible penalty if convicted is 80 years’ imprisonment, $20,000,000 fine, ten-year term of supervised release, and a $100 special assessment. Count II charges the defendant with use/possess firearm with drug trafficking on or about December 6, 2019. The maximum possible penalty if convicted is life imprisonment consecutive to the crack charges, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment. Count III charges the defendant with distribution of less than 28 grams of crack cocaine (mixture) on or about December 3, 2019. The maximum possible penalty if convicted is 40 years’ imprisonment, $2,000,000 fine, six-year term of supervised release, and a $100 special assessment. Count IV charges the defendant with felon in possession of a firearm on or about December 6, 2019. 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.
* Tevin R. King, age 26, of Omaha, is charged in a two-count Indictment. Count I charges the defendant with distribution of visual depictions of minors engaging in sexually explicit conduct on or about November 18, 2019. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a Life term of supervised release, a $100 special assessment, and a $5,000 additional special assessment. Count II charges the defendant with possession of child pornography on or about December 17, 2019. Because of the prior child pornography conviction, the maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a Life term of supervised release, a $100 special assessment, and a $5,000 additional special assessment.
* Ivan Leon-Vega a/k/a Ivan Leon Vera, age 39, is charged, with illegal reentry after deportation following a felony conviction on or about January 14, 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.
* Sheila Likness, age 43, of Omaha, and Thomas Povondra, age 53, of Omaha, are charged in a six-count Indictment. Count I charges Likness with distribution of 5 grams or more of methamphetamine (actual) on or about October 24, 2019. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, 4-year term of supervised release, and a $100 special assessment. Count II charges Likness with distribution of 5 grams or more of methamphetamine (actual) on or about October 24, 2019. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, 4-year term of supervised release, and a $100 special assessment. Count III charges Likness with distribution of 5 grams or more of methamphetamine (actual) on or about November 11, 2019. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, 4-year term of supervised release, and a $100 special assessment. Count IV charges the defendants with conspiracy to unlawfully transfer a document or authentication feature on or about October 11, 2019, to on or about December 17, 2019. The maximum possible penalty for each if convicted is 15 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count V charges the defendants with sale of a card purporting to be a social security card on or about October 11, 2019, to on or about December 17, 2019. The maximum possible penalty for each if convicted is 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count VI charges the defendants with aggravated identity theft on or about October 11, 2019 to on or about December 17, 2019. The maximum possible penalty for each if convicted is 2 years’ consecutive imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit computers and accessories seized on or about December 17, 2019.
* Darrell L. Manley, age 18, is charged in a nine-count Indictment. Count I charges the defendant with interference with commerce by robbery on or about July 22, 2019. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges the defendant with brandishing a firearm during a crime of violence on or about July 22, 2019. 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. Counts III through VII charge the defendant with interference with commerce by robbery on or about September 12, 2019 and on September 16, 2019. The maximum possible penalty if convicted is 20 years imprisonment each count, a $250,000 fine each count, a three-year term of supervised release each count, and a $100 special assessment each count. Count VIII charges the defendant with brandishing a firearm during a crime of violence on or about September 16, 2019. 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. Count IX charges the defendant with interference with commerce by robbery on or about September 18, 2019. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Simon Mateo Gaspar, age 33, is charged with illegal reentry after deportation on or about December 11, 2019. 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.
* Dustin Minkler, age 27, is charged with failing to register as a sex offender on or about July 17, 2019 through on or about December 12, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, five-year term of supervised release, a $100 special assessment.
* Carlos D. Montejano, age 35, is charged with felon in possession on or about October 17, 2019. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Andres Morales-Bautista a/k/a Sebastian Martinez, age 39, is charged in a three-count Indictment. Count I charges the defendant with false representation of a social security number on or about November 22, 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. Count II charges the defendant with fraud and misuse of visas, permits, and other documents on or about November 22, 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. Count III charges the defendant with illegal reentry of a removed alien on or about January 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.
* Julio Ordonez Duarte a/k/a Julio Noel Ordonez Duarte, age 34, is charged with illegal reentry after deportation on or about December 10, 2019. 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 Ortiz-Juarez, age 26, is charged with illegal reentry after deportation on or about January 14, 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.
* Elvis Quinonez-Revolorio, age 47, is charged with illegal reentry after deportation on or about January 6, 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.
* Cody Rhyne, age 31, is charged in a three-count Indictment. Count I charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine (mixture) on or about December 4, 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 of a firearm during drug trafficking crime on or about December 4, 2019. The maximum possible penalty if convicted is life imprisonment consecutive, $250,000 fine, five-year term of supervised release, and a $100 special assessment. Count III charges the defendant with felon in possession of a firearm on or about December 4, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, three-year term of supervised release, and a $100 special assessment.
* Ervin Sanchez-Vasquez, age 25, is charged with illegal reentry after deportation on or about January 16, 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.
* Rodney Thomas, age 40, of Winnebago, Nebraska, is charged in a five-count Indictment. Counts I and II charge the defendant with abusive sexual contact with a minor on or about November 17, 2019. The maximum possible penalty if convicted is 2 years’ imprisonment each count, a $250,000 fine each count, a Life term of supervised release each count, a $100 special assessment each count. Counts III and IV charge the defendant with committing an offense against a minor while required to register as a sex offender on or about November 17, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment each count consecutive to Counts I and II. Count IV charges the defendant with terroristic threats on or about November 17, 2019. The maximum possible penalty if convicted is 2 years’ imprisonment, a $10,000 fine, a one-year term of supervised release, a $100 special assessment.
* Gregorio Zetino-De La Cruz, age 27, is charged in a two-count Indictment. Count I charges the defendant with false representation of a social security number on or about August 20, 2018. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges the defendant with false claims to United States citizenship on or about August 20, 2018 and December 12, 2019. The maximum possible penalty if convicted is 3 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
Two Defendants Sentenced in Poly-Drug Distribution Conspiracy Originating in CaliforniaRead the Press Release
United States Attorney Joe Kelly announced that on January 23, 2020, Chief United States District Judge John M. Gerrard sentenced Marvin Moua and Meng Her to terms of imprisonment of 151 months and 37 months, respectively. Moua, 35, and Her, 38, conspired together and with others to transport narcotics including methamphetamine, marijuana, and psilocybin mushrooms from California to Nebraska, and then distributed the drugs in Nebraska, Iowa, and in other states. Billy Fang is a remaining co-conspirator in the case and will be sentenced at a later date.
In early 2019, investigators learned that a mobile home in Omaha was being used by the drug trafficking organization to package narcotics for further distribution. Investigators thereafter identified several members of the group and determined that they also used residences in Storm Lake, Iowa. Over the course of the investigation, agents obtained warrants to search the residences in Omaha and Storm Lake. On May 2, 2019, investigators recovered close to five pounds of methamphetamine from a suitcase inside a residence in Storm Lake. Investigators also seized approximately 74 pounds of marijuana and a stolen firearm within a second residence, as well as baggies of methamphetamine and marijuana, two AR-15-style rifles, and a Glock handgun inside a car parked inside an enclosed garage.
The case was investigated by the Drug Enforcement Administration, Omaha Field Division, the Iowa Division of Narcotics Enforcement, and the Storm Lake (Iowa) Police Department.
Omaha Man Sentenced to 50 Months for Transporting an Explosive with Intent to Injure and Interstate StalkingRead the Press Release
United States Attorney Joe Kelly announced that Craig Niedbalski, age 61, was sentenced on January 22, 2020, in federal court in Omaha, Nebraska, for Transporting an Explosive with Intent to Injure and Interstate Stalking. United States District Court Judge Robert F. Rossiter, Jr., sentenced Niedbalski to 50 months’ imprisonment. There is no parole in the federal system. After completing his term of imprisonment, Niedbalski will begin a three-year term of supervised release.
Niedbalski, met his victim, G.J., at a Catholics single club in Omaha in about 1986. G.J. and Niedbalski knew each other because of their membership in the club. Beginning in the mid-1990s, Niedbalski began sending unwanted letters and post cards to G.J. The letters and postcards were threatening and contained sexually explicit statements involving G.J. and her family. The letters and postcards were generally hand written or produced using a typewriter. From about 1996 to September of 2018, Niedbalski sent G.J. more than 100 threatening and unwanted letters and postcards. G.J. reported the conduct to the police
On July 23, 2003, Niedbalski sent a package in the mail to G.J. containing an object appearing to be a pipe bomb. On August 31, 2018, Niedbalski sent G.J. a package in the mail containing an incomplete improvised explosive device (“IED”). The IED consisted of a mobile phone connected by tape and wire to a galvanized steel pipe nipple, with galvanized steel endcaps, and a pyrotechnic mixture of gray powder and other materials, which, when properly confined and ignited, may explode. On the outside of the package was written, “CALL 402 680 [XXXX] FOR OPENING INSTRUCTIONS.”
During the 20 years of stalking, G.J. became involved in various civil lawsuits with Niedbalski to try and get him to stop stalking her. G.J. also had protective orders placed against Niedbalski. However, Niedbalski still refused to admit that he was sending the letters and postcards in the mail. The United States Postal Inspection Service was finally able to prove that Neidbalski was stalking G.J. when he sent the IED on August 31, 2018. The Postal Inspection Service forensically confirmed that the postage label on the envelope containing the IED matched images of postage labels that Niedbalski had saved in his digital devices. Niedbalski used a postage label that he had previously received in the mail, he digitally altered it, and he then placed the altered postage label on the envelope containing the IED. Despite Niedbalski’s attempt to alter the postage label, Postal Inspection Service was able to confirm that the postage label on the IED mailing matched the images saved on Niedbalski’s devices.
United States Attorney Joe Kelly recognized the excellent work and efforts of the United States Postal Inspection Service for solving this escalating, 20-plus-year course of conduct terrorizing the victim. USA Kelly added, “The district court’s sentence, which was above the advisory guidelines, should be a warning to those who stalk and terrorize others.”
The case was investigated by the United States Postal Inspection Service.
North Platte Man Sentenced for Distributing MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Sean Heinemann, 42, of North Platte, Nebraska, was sentenced today to 48 months in prison by Senior United States District Judge Laurie Smith Camp for distribution of methamphetamine. In addition to his prison term, Heinemann will serve three years of supervised release following his release from prison.
On November 8, 2017, an undercover officer met with Heinemann and purchased 27.04 grams of methamphetamine.
This case was investigated by the North Platte Police Department and the Nebraska State Patrol.
Columbus Man Sentenced to 5 Years for Conspiring to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced Danielle W. Henke, age 47, was sentenced today in federal court in Omaha, Nebraska, for Conspiracy to Possess and Distribute Methamphetamine. United States District Court Judge Robert F. Rossiter, Jr. sentenced Henke to 60 months’ imprisonment. Henke also relinquished any right or claim he had to the money seized during the investigation. After completing his term of imprisonment, Henke will be required to complete a four-year term of supervised release.
In October of 2016, a cooperating witness working with law enforcement obtained quantities of methamphetamine from Henke inside of his Columbus residence. As a result, a search warrant was executed on Henke’s residence on October 13, 2016. Officers discovered more than 50 grams of actual methamphetamine, evidence of drug dealing, and more than $3,000 in U.S. currency.
This case was investigated by the Columbus Police Department.
California Man Sentenced for Fraud SchemeRead the Press Release
United States Attorney Joe Kelly announced that Sean Andrew O’Neal, 58, of Rancho Palos Verdes, California, was sentenced today in Omaha, Nebraska, to 54 months in prison by Chief United States District Judge John M. Gerrard for wire fraud. There is no parole in the federal system. O’Neal was also ordered to pay $477,324.27 in restitution to his victims. After his prison sentence, O’Neal will serve a three-year of supervised release.
Beginning in August, 2012 and continuing through March, 2014, O’Neal devised a scheme to defraud and obtain money from his victims, one from the Kearney, Nebraska, area and the other from Canada. O’Neal was a co-owner and employee of Investment Properties Mexico (IPM) located in Playa del Carmen, Quintana Roo, Mexico. The company was a real estate investment firm in the business of selling land and condominiums located in Mexico. IPM marketed the company through the Internet to solicit private individuals seeking to purchase real estate in Mexico. During those years, O’Neal befriended and groomed the victims into investing in his scheme when he was fully aware of the devastating financial impact the loss would have on his victims. O’Neal then took the money provided by his victims and used the funds for his own personal gain. All the while, O’Neal continued to assure his victims that the properties in Mexico had been purchased.
This case was investigated by the Federal Bureau of Investigation.
Lincoln Man Sentenced in Human Trafficking StingRead the Press Release
United States Attorney Joe Kelly announced that Travis Larkin, 29, of Lincoln, Nebraska, was sentenced today in Lincoln. Chief United States District Judge John M. Gerrard sentenced Larkin to 15 ½ years in prison for attempting to entice a minor. There is no parole in the federal system. After his release from prison, Larkin will serve a 20-year term of supervised release. Larkin, a registered sex offender, had a prior conviction for attempted sexual assault of a minor under the age of 12.
Larkin responded to an online advertisement to have a sexual encounter with a minor. Larkin made an agreement with whom he believed to be the child’s mother to pay her $200 to have sex with her 15-year-old daughter. Larkin was intercepted by the FBI and the Lincoln Police Department on the way into the hotel where he was to meet up with the minor. In his possession at time of arrest were alcohol, condoms, a little over $200 in cash, and a sex toy.
This case was investigated by the Federal Bureau of Investigation Human Trafficking Task Force and the Lincoln Police Department.
Iowa Man Sentenced for Possession with Intent to Distribute Cocaine and MarijuanaRead the Press Release
United States Attorney Joe Kelly announced that Matthew Podgorski, 23, of Cedar Rapids, Iowa, was sentenced today to 15 months in prison by United States District Judge Brian C. Buescher for possession with intent to distribute cocaine and marijuana. There is no parole in the federal system. In addition to his prison term, he will serve four years of supervised release following his release from prison.
On July 18, 2018, officers observed Podgorski driving a vehicle eastbound on I-80 in Omaha, traveling approximately 60 mph in a 50 mph construction zone. Officers conducted a traffic stop on the vehicle. Upon approaching the vehicle, officers immediately smelled marijuana coming from the vehicle. Officers searched the vehicle and recovered marijuana and two kilograms of cocaine.
This case was investigated by Douglas County Sheriff’s Office.
Man Sentenced to more than 11 Years for Conspiring to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that on January 6, 2020, Roman Ceballo Gaspar, age 25, was sentenced in federal court in Omaha, Nebraska, for Conspiracy to Possess and Distribute Methamphetamine. Senior United States District Court Judge Laurie Smith Camp sentenced Avalos to 135 months’ imprisonment. There is no parole in the federal system. Ceballo Gaspar also relinquished any right or claim he had to money seized during the investigation. After completing his term of imprisonment, Ceballo Gaspar will be deported to Mexico as he is not a U.S. citizen.
On April 26, 2018, agents and officers from Homeland Security Investigations and the Omaha Police Department executed a search warrant on Ceballo Gaspar’s Omaha residence. The search revealed approximately one pound of methamphetamine, $18,953 U.S. currency, and other evidentiary items.
Earlier that day, the Lancaster County Sheriff’s Office conducted a traffic stop on a vehicle driven by a co-defendant where twelve pounds of methamphetamine were found hidden inside the vehicle. Ceballo Gaspar admitted to his involvement in distributing methamphetamine in the Omaha metro area, and that he was expecting the delivery of the twelve pounds of methamphetamine from the co-defendant.
This case was investigated by the U.S. Department of Homeland Security Investigations, the Omaha Police Department, and the Lancaster County Sheriff’s Office.
Omaha Gang Member Sentenced for Possession of Firearm During a Drug Trafficking OffenseRead the Press Release
United States Attorney Joe Kelly announced that on January 3, 2020, Jal Chuar, 24, of Omaha, was sentenced to two months’ imprisonment for distributing marijuana and 60 months’ imprisonment consecutive for possessing a firearm during a drug trafficking offense by United States District Judge Robert F. Rossiter, Jr. There is no parole in the federal system. He will also serve five years of supervised release following his release from prison.
On November 27, 2018, a confidential informant made a controlled buy of 83 grams of marijuana and a Taurus 9mm handgun during a single transaction with Chuar, a known Trip Set gang member. The handgun was not registered to Chuar and the transaction was captured with audio-visual devices.
This case was part of a Project Safe Neighborhood initiative and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Omaha Police Department as part of a larger operation to make controlled purchases of firearms, specifically targeting members of the Trip Set and African Pride gangs.
Lincoln Woman Sentenced on Drug and Gun ChargesRead the Press Release
United States Attorney Joe Kelly announced that on January 3, 2020, Anna J. Chernyy, 24, of Lincoln, was sentenced by Chief United States District Judge John M. Gerrard to a total of 15 years in prison for conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine and possession of a firearm in furtherance of a drug crime. Chernyy was sentenced to 10 years on the drug charge and a consecutive five years on the gun charge. There is no parole in the federal system. Following the prison terms, she will serve five years on supervised release.
Chernyy was held responsible for the distribution of at least 1.5 kilograms (approximately three pounds) of a mixture or substance containing methamphetamine and at least 10 grams of heroin between January 30, 2019, and April 2, 2019, in the Lincoln area. Between January 30, 2019, and March 25, 2019, an undercover officer made 12 purchases of methamphetamine and/or heroin from Chernyy in Lincoln. During one of those purchases, on March 13, 2019, the officer saw Chernyy in possession of a Taurus 9mm handgun. During that time, Chernyy provided the officer with information leading to the identification of her source as her co-defendant, Jeremiah Burkhart. On March 31, 2019, Chernyy told the officer her source had gone to Colorado to bring back more drugs.
On April 2, 2019, officers stopped Burkhart in Grand Island on his way back to Lincoln from Colorado. During a search of his car, officers found methamphetamine and a Taurus 9mm handgun, believed to be the same handgun seen earlier in Chernyy’s residence. A search warrant was executed at Chernyy’s residence. During that search, a safe was found containing additional methamphetamine and heroin.
The total amount of methamphetamine purchased by the undercover officer and found during the searches of Burkhart’s car and Chernyy’s residence was more than 1.5 kilograms, and the total amount of heroin purchased or found during the search of Chernyy’s residence was more than10 grams.
Burkhart received 18 years in prison in December of 2019 after pleading guilty to the conspiracy charge.
This case was investigated by the Lincoln/Lancaster County Narcotics Task Force.
Washington State Couple Sentenced on Access Device and Firearms ChargesRead the Press Release
United States Attorney Joe Kelly announced that Anthony Hanel, age 30, and Courtney Clark, age 33, formerly of Washington state, were sentenced today in federal court. Hanel was convicted of Illegal Possession of Access Device-Making Equipment and of being a Felon in Possession of a Firearm. Clark was convicted of Illegal Possession of Access Device-Making Equipment. Chief United States District Judge John M. Gerrard sentenced Hanel to 46 months’ imprisonment to be followed by 3 years of supervised release. Chief Judge Gerrard sentenced Clark to 12 months’ and 1 day imprisonment to be followed by 2 years of supervised release. There is no parole in the federal system.
On February 5, 2019, officers with the Omaha Police Department conducted a traffic stop of a Dodge Durango that Hanel and Clark were travelling in. Following the alert of a narcotic detecting canine, a search of the vehicle revealed a credit card embossing machine, 43 counterfeit credit cards, blank cards (commonly referred to as “white plastic”), and 18 cards that were in various stages of production. Officers also found a defaced Sig Sauer 9mm handgun and a .22 caliber 1911 model handgun. Hanel is a convicted felon.
Resident Agent in Charge of the Omaha Division of the United States Secret Service, Paul A. Brandenburg, said, “We thank the members of the Omaha Metro Financial Crimes Task Force (OMFCTF) who worked hard on this case. Credit card manufacturing and fraud is unfortunately a common scheme that effects millions of Americans and costs our economy billions of dollars each year. We at the Secret Service and the OMFCTF are committed to investigate financial crimes, and together with the U.S. Attorney’s office, will prosecute the offenders.”
This case was investigated by the Omaha Police Department, the United States Secret Service, and the Sarpy County Sheriff’s Office.
Lincoln Man Sentenced for Multi-City Violent Crime SpreeRead the Press Release
United States Attorney Joe Kelly announced that Amir Muhammad, age 54, was sentenced in federal court today in Omaha, Nebraska, for two counts of brandishing a firearm and two counts of robbery. Chief United States District Court Judge John M. Gerrard sentenced Muhammad to 28 years of imprisonment. There is no parole in the federal system. After completing his term of imprisonment, Muhammad will begin a 5-year term of supervised release.
On September 21, 2018, Muhammad robbed the Max I. Walker at 9211 Maple Street, Omaha, Nebraska. He entered the store, claimed to have a knife, demanded money from the clerk and threatened to cut the clerk if he wasn’t provided money. He was given money and left the store.
Muhammad robbed P.L. Jewelers in Lincoln, Nebraska, on October 1, 2018, by entering the store, threatening to shoot the owner of the store, demanding money and striking him in the head with a hard object. He left the store after taking a number of pieces of jewelry. On October 5, some of the items taken were found in a residence at which Muhammad had been staying.
On October 3, 2018, Muhammad robbed the Juice Stop at 11910 Standing Stone Drive, Gretna, by entering the store, brandishing a firearm to the clerk, and demanding money. After obtaining less than $300, he ran out of the store.
On October 5, 2018, Muhammad brandished a firearm when he carjacked an employee leaving Bergan Mercy Hospital. As she was walking toward her car, Muhammad approached her from behind, pushed her over the center console and got into the driver’s seat. Throughout the encounter he was pointing a gun at her. They fought over the gun and she was able force him to drop it, after which she ran from the car back to the hospital. Muhammad took her keys and her bag, leaving the car in the parking lot.
A little more than an hour later, Muhammad cashed a check from the victim’s account, made out to him, at a local bank. His photo was obtained from the bank and his identity was discovered. Throughout the day, metro area law enforcement worked together tracking down leads to Muhammad’s whereabouts. He was ultimately found at a trailer park in Council Bluffs, Iowa and arrested. At the time of his arrest, he was carrying a bag. In the bag was the carjacking victim’s wallet.
U.S. Attorney Kelly praised the bravery of the victims during their ordeals, their willingness to cooperate with prosecution, and the tenacity of law enforcement in capturing Muhammad. “We aggressively prosecute violent offenders and for the next 28 years, this violent offender will not be able to scare, threaten and intimidate members of our communities.”
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, investigated the case and was assisted by Omaha Police robbery unit, Carter Lake Police Department, Pottawattamie County Sheriff’s Department.
Lincoln Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Terrell B. Sullivan, 53, of Lincoln, Nebraska, was sentenced on December 19, 2019, to 21 years and 10 months (262 months) in prison for conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine mixture. There is no parole in the federal system. Sullivan will serve five years on supervised release after the prison term.
Information obtained by law enforcement indicated that Sullivan was responsible for the distribution of at least 500 grams (approximately 18 ounces) of methamphetamine in the Lincoln area between January 1, 2017, and August 30, 2018. During a search of Sullivan’s residence in October of 2017, narcotics investigators and Nebraska Parole officers found a digital scale, packaging materials and a small amount of methamphetamine in Sullivan’s bedroom.
This case was investigated by the Lincoln/Lancaster County Narcotics Task Force, consisting of the Lincoln Police Department, Lancaster County Sheriff’s Department, University of Nebraska-Lincoln Police Department and Nebraska State Patrol.
Defendant Sentenced in Connection with Conspiracy to Distribute and Possess with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Timothy Earl Agee, 54, of Bellevue, Nebraska, was sentenced today to 280 months in prison by United States District Judge Robert F. Rossiter, Jr., for conspiracy to distribute and to possess with intent to distribute five hundred grams or more of a mixture of methamphetamine. In addition to the conspiracy charge, Agee was also convicted of money laundering. Following his prison term, Agee will serve five years of supervised release. Finally, Agee was required to forfeit a 2007 Mercedes Benz and $6,132.
Beginning in mid-2017, a Drug Enforcement Administration-led task force initiated Operation Dog Pound, which was a drug interdiction effort focused on a local drug trafficking organization headed by Keevan Dean. As part of the investigation, numerous Title III wire and electronic intercepts were approved. Over the course of the investigation, several conspirators were identified that were distributing pound quantities of methamphetamine.
On November 16, 2018, numerous arrest and search warrants were executed on conspirators and locations utilized by the organization, including Agee and his residence. At the time of his arrest, Agee was in possession of 267 grams of methamphetamine, a stolen firearm, $6,132, and the 2007 Mercedes Benz.
The Drug Enforcement Administration, Nebraska State Patrol, Omaha Police Department, Bellevue Police Department, Border Patrol, and U.S. Attorney’s Office were the investigating agencies.
Omaha Man Found Guilty of Child Enticement ChargeRead the Press Release
United States Attorney Joe Kelly announced that Luis A. Tobar, age 44, of Omaha, Nebraska, was found guilty on December 18, 2019, following a two-day trial in federal court in Omaha for Attempted Coercion and Enticement of a Minor. The Honorable Robert F. Rossiter, Jr. scheduled Tobar’s sentencing for March 13, 2020 at 9:30 a.m. Tobar is facing a mandatory minimum of 10 years’ imprisonment and up to life imprisonment for this conviction.
On April 12, 2019, the FBI Child Exploitation and Human Trafficking Task Force (CEHTTF) was conducting an operation in Douglas County, Nebraska. As part of the operation, an undercover officer with the CEHTTF posted an advertisement on an escort website known to be used for the purposes of prostitution. Tobar responded to the advertisement and engaged in communications with an undercover officer who he believed to be a 15-year-old female. Believing that he was communicating with a 15-year-old female, Tobar requested that she send him nude pictures, agreed to pay her for sex, and traveled to an agreed upon location to meet her. Tobar was arrested by members of the CEHTTF and at the time of his arrest was found to be in possession of the cellular phone he used to communicate with the undercover officer, a large monetary sum, and alcohol.
This case was investigated by the FBI Child Exploitation and Human Trafficking Task Force. Douglas County Sheriff’s Office, Lincoln Police Department, Omaha Police Department, LaVista Police Department, Nebraska State Patrol, Council Bluffs Police Department, and the Sarpy Douglas County Law Enforcement Academy participated in the April 12, 2019 operation.
December Grand JuryRead the Press Release
United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 29 Indictments charging 32 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.
* Morgan C. Brown, age 24, of Fremont, Nebraska, and Pedro R. Torres, age 35, of Omaha, are charged with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about August 16, 2019. The maximum possible penalty if convicted is life imprisonment, $20,000,000 fine, 10-year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency and a 2019 Chevrolet Malibu LS Sedan seized on or about August 16, 2019.
* Carmen Yobani Capellan De Martinez, age 64, is charged with false statement in an application for U.S. Passport beginning on or about May 17, 2012. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Michael Coffman, age 36, is charged with possession of a firearm by a prohibited person on or about December 3, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Marcus D. Dunn, age 25, is charged with possession of child pornography on or about April 6, 2019 through on or about November 15, 2019. Because of the prior child pornography conviction the maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a Life term of supervised release, a $100 special assessment, and a $17,000 additional special assessment.
* Carolina Estrada, age 20, of Tucson, Arizona, is charged with conspiracy to distribute and possession with intent to deliver 500 grams or more of methamphetamine (mixture) beginning in May 2019 and continuing through August 2019. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment. .
* Anthony Wayne Hall, age 64, is charged with bank robbery by force from an employee at First State Bank on or about November 21, 2019. 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.
* Socorro Gonzalez Hernandez, age 51, is charged in a two-count Indictment. Counts I and II charge the defendant with felon in possession of a firearm on or about January 8, 2019 and again on November 20, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment each count, a $250,000 fine each count, a 3-year term of supervised release each count, and a $100 special assessment each count.
* Genaro Hernandez Rivas, age 48, is charged with illegal reentry after deportation following a felony conviction on or about February 19, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Luis Fernando Hernandez-Ortiz, age 22, is charged with illegal reentry after deportation on or about November 18, 2019. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Raymundo Hernandez-Rubio, age 35, is charged with possession with intent to distribute 500 grams or more of methamphetamine (mixture) on or about December 7, 2019. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment.
* Randall W. Hillman, age 68, of Palm Desert, California, is charged in a three-count Indictment. Count I charges the defendant with possession of device making equipment on or about April 29, 2016. The maximum possible penalty if convicted is 15 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count II charges the defendant with using or trafficking in an unauthorized access device on or about April 26, 2016. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count III charges the defendant with possession of 15 or more counterfeit or unauthorized access devices on or about April 29, 2016. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency seized on or about April 29, 2019.
* Jack Jackson, age 45, of Omaha, is charged with possession with intent to distribute 50 grams or more of methamphetamine (mixture) on or about August 4, 2019. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, 4-year term of supervised release, and a $100 special assessment.
* Cassandra Jimenez, age 33, of Omaha, is charged with possession with intent to distribute 500 grams or more of methamphetamine (mixture) on or about November 20, 2019. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment.
* Diego Juan Diego, age 27, is charged with illegal reentry after deportation on or about November 13, 2019. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Isidro Lamadrid Morales, age 54, is charged with illegal reentry after deportation on or about November 20, 2019. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Adrian Lemus Cruz, age 22, is charged with illegal reentry after deportation on or about September 28, 2019. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Edward E. Lewis, age 37, of Omaha, and Donte M. Leeper, age 36, of Omaha, are charged in a four-count Indictment. Count I charges the defendants with interference with commerce robbery by force from two employees at Sprint on or about October 28, 2019. The maximum possible penalty if convicted is 20 years’ imprisonment each, a $250,000 fine each, a 3-year term of supervised release each, and a $100 special assessment each. Count II charges the defendants with brandishing a firearm during a crime of violence on or about October 28, 2019. The maximum possible penalty if convicted is not less than 7 years’ to life imprisonment, a $250,000 fine each, a 5-year term of supervised release each, and a $100 special assessment each. Count III charges Lewis with felon in possession of a firearm on or about October 28, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count IV charges Leeper with felon in possession of a firearm on or about October 28, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Roberto Luna-Nava, age 32, is charged with possession with intent to distribute 500 grams or more of methamphetamine (mixture) on or about September 26, 2019. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, 5-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 26, 2019.
* Roman Mejia Dimayuga, age 36, is charged with illegal reentry after deportation on or about November 14, 2019. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Maria De Jesus Mora De Rodriguez, age 54, is charged with illegal reentry after deportation on or about November 22, 2019, 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.
* Mitchell Ryan Pond, age 37, of Lincoln, Nebraska, is charged in a three-count Indictment. Count I charges the defendant with conspiracy to distribute and possession with intent to deliver 500 grams or more of methamphetamine (mixture) and 50 grams or more of methamphetamine (actual) on or about November 1, 2018 and continuing to on or about July 10, 2019. The maximum possible penalty if convicted is life imprisonment, $20,000,000 fine, 10-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 a drug trafficking crime on or about July 2, 2019. The maximum possible penalty if convicted is life imprisonment consecutive to the conspiracy, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count III charges the defendant with felon in possession of a firearm on or about July 10, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Walter Omar Rivas-Molina, age 33, is charged in a two count Indictment. Count I charges the defendant with falsely representing a Social Security number to be his on or about November 15, 2019. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count II charges the defendant with fraud and misuse of visas, permits and other documents on or about November 15, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Gerardo Santiago Morales, age 41, is charged with illegal reentry after deportation on or about December 4, 2019, 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.
* Tyler Shields, age 33, and Jesse Perez are charged with conspiracy to distribute and possession with intent to deliver 500 grams or more of methamphetamine (mixture) on or about November 1, 2019 and continuing to on or about November 19, 2019. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment.
* Wallace Ray Swaim, Jr., age 59, is charged with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about May 24, 2019. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment.
* David A. Terry, age 55, is charged with possession with intent to distribute 500 grams or more of methamphetamine (mixture) on or about October 25, 2019. The maximum possible penalty if convicted is life imprisonment, $8,000,000 fine, 8-year term of supervised release, and a $100 special assessment.
* Brandon D. Wolff, age 34, is charged with conspiracy to distribute 50 grams or more of methamphetamine (mixture) on or about August 8, 2019 and continuing to on or about November 4, 2019. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, 4-year term of supervised release, and a $100 special assessment.
Lincoln Man Sentenced for Conspiracy to Distribute Methamphetamine and HeroinRead the Press Release
United States Attorney Joe Kelly announced that on December 13, 2019, Jeremiah Joseph Burkhart, 39, of Lincoln, Nebraska, was sentenced to 18 years (216 months) in prison by Chief United States District Court Judge John M. Gerrard for conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine mixture and a mixture or substance containing heroin. There is no parole in the federal system. Burkhart will serve five years on supervised release after the prison term.
Information obtained by law enforcement indicated that Burkhart was responsible for the distribution of at least 1.5 kilograms (approximately three pounds) of methamphetamine and at least 10 grams of heroin in the Lincoln area between January 30, 2019, and April 2, 2019. Between January 30, 2019, and March 25, 2019, an undercover officer made 12 purchases of methamphetamine and/or heroin from Burkhart’s co-defendant, Anna Chernyy. During those purchases, Chernyy told the officer that her source got the drugs in Colorado. Chernyy’s statements led to the identification of Burkhart as her source. On April 2, 2019, Burkhart was stopped in Grand Island on his way back to Lincoln from a trip to Colorado. Methamphetamine and a 9mm handgun were found in his car. Search warrants were then executed at Burkhart’s and Chernyy’s residences in Lincoln. During those searches, officers found a total of more than 1.5 kilograms of methamphetamine and 11.5 grams of heroin.
In October of 2019, Chernyy pleaded guilty to the conspiracy charge and to being a felon in possession of a firearm. She is scheduled for sentencing in January of 2020.
This case was investigated by the Lincoln/Lancaster County Narcotics Task Force, consisting of the Lincoln Police Department, Lancaster County Sheriff’s Department, University of Nebraska-Lincoln Police Department and Nebraska State Patrol.
Omaha Man Convicted for Trafficking Drugs and GunsRead the Press Release
United States Attorney Joe Kelly announced that Gatruol Puol, 20, of Omaha, was sentenced today in federal court for two counts of using and/or carrying a firearm in furtherance of drug trafficking and distributing marijuana. United States District Judge Robert F. Rossiter, Jr. sentenced Puol to 10 years’ imprisonment. There is no parole in the federal system. Puol will begin a four-year term of supervised release after the completion of his prison term.
On November 14, 2018, law enforcement utilized a confidential informant to purchase marijuana and a Savage model 64, .22 cal. rifle from Puol. On December 28, 2018, Puol sold marijuana and an AMT.45 cal. handgun to the confidential informant.
This case was part of a Project Safe Neighborhood initiative and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Omaha Police Department.
Mexican Citizen Sentenced for Attempting to Deliver Methamphetamine Contained in Pizza BoxRead the Press Release
United States Attorney Joe Kelly announced that on December 9, 2019, Senior United States District Judge Laurie Smith Camp sentenced Hugo Lopez-Ortiz, of Mexico, to an 87-month term of imprisonment, to be served in the U.S. Bureau of Prisons. There is no parole in the federal system.
On August 25, 2018, DEA investigators became aware that Lopez-Ortiz would be delivering methamphetamine to a customer on behalf of a Mexican supplier at a Kicks gas station near Eppley Airfield. On August 26, 2018, Omaha Police Department officers approached Lopez-Ortiz as he stood in the parking lot of the gas station holding a pizza box. Lopez-Ortiz consented to a search of his person and of the items he was holding. Officers found close to 3½ pounds of methamphetamine within the pizza box and Lopez-Ortiz was arrested.
Investigators subsequently searched Lopez-Ortiz’s nearby hotel room and recovered more than $13,000.00 from under the bed, which was later forfeited. At sentencing, Lopez-Ortiz claimed that at the time of the offense, he was gainfully employed by the Ford Motor Company at a manufacturing facility in Hermosillo, Mexico. Travel records showed that Lopez-Ortiz had recently traveled to Omaha from Mexico.
Lopez-Ortiz will be removed from the United States by immigration authorities after completing his term of imprisonment.
The case was primarily investigated by the Drug Enforcement Administration – Omaha Field Division, the Omaha Police Department, and the Southwest Iowa Narcotics Task Force.
Lincoln Man Sentenced for CyberstalkingRead the Press Release
United States Attorney Joe Kelly announced that Alec Eiland, 20, of Lincoln, Nebraska, was sentenced December 5, 2019, in Lincoln to two years in prison by Chief United States District Judge John Gerrard for cyberstalking. In addition to his prison sentence, Eiland will be required to serve three years on supervised release.
In the fall of 2018, Eiland engaged in a social media campaign to terrorize two primary victims and their close family members. Eiland became fixated on the first victim when they were co-workers. When the victim did not return Eiland’s romantic interest, Eiland took the victim’s image and contact information and posted it online misrepresenting the victim as being interested in forced sexual encounters with strange men. The victim received numerous threats of sexual assault, and Eiland himself threatened to place a bomb in the victim’s vehicle. He invited the victim to kill herself to avoid being raped by himself and others. Eiland engaged in a pattern of surveillance on the victim’s residence and let the air out of the victim’s tires while the victim was at work one day. Eiland expanded his threats and harassment to the victim’s family, focusing on a young child in the family.
This case was investigated by the Federal Bureau of Investigation.
Chicago Man Sentenced for Possession with Intent to Distribute CocaineRead the Press Release
United States Attorney Joe Kelly announced that Victor Phillips, 31, of Chicago, Illinois, was sentenced today to 70 months in prison by Senior United States District Judge Laurie Smith Camp for possession with intent to distribute 500 grams or more of cocaine. There is no parole in the federal system. In addition to his prison term, Phillips will serve five years of supervised release following his release from prison.
On February 28, 2019, the Nebraska State Patrol conducted a traffic stop. Upon approaching the vehicle, the officer smelled marijuana. A probable cause search was conducted. While searching the vehicle, a kilo (or approximately 2.2 pounds) of cocaine was discovered in the back compartment area of the driver's seat.
This case was investigated by the Nebraska State Patrol.
Indianapolis Man Sentenced for Pharmacy RobberyRead the Press Release
United States Attorney Joe Kelly announced today that Senior U.S. District Judge Laurie Smith Camp sentenced Otis Brown, III, 18, to 8 years and one day in federal prison to be followed by 5 years of supervised release. There is no parole in the federal system. Brown was also ordered to pay $61,154.00 in restitution. Brown previously pleaded guilty to a Hobbs Act robbery; that is, robbing a business involved in interstate commerce and brandishing a firearm during the robbery.
On October 28, 2018, at approximately 9:33 am, Brown, Billy Adell, and Daewoo Robertson 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.
Adell is currently pending trial.
Robertson was previously sentenced to 9 years’ imprisonment, 5 years of supervised release, 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.
Russian National Charged with Decade-Long Series of Hacking and Bank Fraud Offenses Resulting in Tens of Millions in Losses and Second Russian National Charged with Involvement in Deployment of “Bugat” MalwareRead the Press Release
The United States of America, through its Departments of Justice and State, and the United Kingdom, through its National Crime Agency (NCA), today announced the unsealing of criminal charges in Pittsburgh, Pennsylvania, and Lincoln, Nebraska, against Maksim V. Yakubets, aka online moniker, “aqua,” 32, of Moscow, Russia, related to two separate international computer hacking and bank fraud schemes spanning from May 2009 to the present. A second individual, Igor Turashev, 38, from Yoshkar-Ola, Russia, was also indicted in Pittsburgh for his role related to the “Bugat” malware conspiracy. The State Department, in partnership with the FBI, announced today a reward of up to $5 million under the Transnational Organized Crime Rewards Program for information leading to the arrest and/or conviction of Yakubets. This represents the largest such reward offer for a cyber criminal to date.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Scott W. Brady for the Western District of Pennsylvania, U.S. Attorney Joseph P. Kelly for the District of Nebraska, FBI Deputy Director David Bowdich, Principal Deputy Assistant Secretary James A. Walsh of the State Department’s Bureau of International Narcotics and Law Enforcement Affairs (INL), and Director Rob Jones of the Cyber Crime Unit at the United Kingdom’s National Crime Agency (NCA) made the announcement.
“Maksim Yakubets allegedly has engaged in a decade-long cybercrime spree that deployed two of the most damaging pieces of financial malware ever used and resulted in tens of millions of dollars of losses to victims worldwide,” said Assistant Attorney General Benczkowski. “These two cases demonstrate our commitment to unmasking the perpetrators behind the world’s most egregious cyberattacks. The assistance of our international partners, in particular the National Crime Agency of the United Kingdom, was crucial to our efforts to identify Yakubets and his co-conspirators.”
“For over a decade, Maksim Yakubets and Igor Turashev led one of the most sophisticated transnational cybercrime syndicates in the world,” said U.S. Attorney Brady. “Deploying ‘Bugat’ malware, also known as ‘Cridex’ and ‘Dridex,’ these cybercriminals targeted individuals and companies in western Pennsylvania and across the globe in one of the most widespread malware campaigns we have ever encountered. International cybercriminals who target Pennsylvania citizens and companies are no different than any other criminal: they will be investigated, prosecuted and held accountable for their actions.”
“The Zeus scheme was one of the most outrageous cybercrimes in history,” said U.S. Attorney Kelly. “Our identification of Yakubets as the actor who used the moniker ‘aqua’ in that scheme, as alleged in the complaint unsealed today, is a prime example of how we will pursue cyber criminals to the ends of justice no matter how long it takes, by tracking their activity both online and off and working with our international partners to expose their crimes.”
“Today’s announcement involved a long running investigation of a sophisticated organized cybercrime syndicate,” said FBI Deputy Director Bowdich. “The charges highlight the persistence of the FBI and our partners to vigorously pursue those who desire to profit from innocent people through deception and theft. By calling out those who threaten American businesses and citizens, we expose criminals who hide behind devices and launch attacks that threaten our public safety and economic stability. The actions highlighted today, which represent a continuing trend of cyber-criminal activity emanating from Russian actors, were particularly damaging as they targeted U.S. entities across all sectors and walks of life. The FBI, with the assistance of private industry and our international and U.S. government partners, is sending a strong message that we will work together to investigate and hold all criminals accountable. Our memory is long and we will hold them accountable under the law, no matter where they attempt to hide.”
“Combatting cybercrime remains a top national security priority for to the United States,” said INL Principal Deputy Assistant Secretary of State Walsh. “The announcements today represent a coordinated interagency effort to bring Maksim Yakubets to justice and to address cybercrime globally.”
“This is a landmark for the NCA, FBI and U.S. authorities and a day of reckoning for those who commit cybercrime,” said NCA Director Jones. “Following years of online pursuit, I am pleased to see the real world identity of Yakubets and his associate Turashev revealed. Yakubets and his associates have allegedly been responsible for losses and attempted losses totaling hundreds of millions of dollars. This is not a victimless crime, those losses were once people’s life savings, now emptied from their bank accounts. Today the process of bringing Yakubets and his criminal associates to justice begins. This is not the end of our investigation, and we will continue to work closely with international partners to present a united front against criminality that threatens our prosperity and security.”
Yakubets and Turashev Indicted in Relation to “Bugat” Malware
A federal grand jury in Pittsburgh returned a 10-count indictment, which was unsealed today, against Yakubets and Turashev, charging them with conspiracy, computer hacking, wire fraud, and bank fraud, in connection with the distribution of “Bugat,” a multifunction malware package designed to automate the theft of confidential personal and financial information, such as online banking credentials, from infected computers. Later versions of the malware were designed with the added function of assisting in the installation of ransomware.
According to the indictment, Bugat is a malware specifically crafted to defeat antivirus and other protective measures employed by victims. As the individuals behind Bugat improved the malware and added functionality, the name of the malware changed, at one point being called “Cridex,” and later “Dridex,” according to the indictment. Bugat malware was allegedly designed to automate the theft of confidential personal and financial information, such as online banking credentials, and facilitated the theft of confidential personal and financial information by a number of methods. For example, the indictment alleges that the Bugat malware allowed computer intruders to hijack a computer session and present a fake online banking webpage to trick a user into entering personal and financial information.
The indictment further alleges that Yakubets and Turashev used captured banking credentials to cause banks to make unauthorized electronic funds transfers from the victims’ bank accounts, without the knowledge or consent of the account holders. They then allegedly used persons, known as “money mules,” to receive stolen funds into their bank accounts, and then move the money to other accounts or withdraw the funds and transport the funds overseas as smuggled bulk cash. According to the indictment, they also used a powerful online tool known as a botnet in furtherance of the scheme.
Yakubets was the leader of the group of conspirators involved with the Bugat malware and botnet, according to the indictment. As the leader, he oversaw and managed the development, maintenance, distribution, and infection of Bugat as well as the financial theft and the use of money mules. Turashev allegedly handled a variety of functions for the Bugat conspiracy, including system administration, management of the internal control panel, and oversight of botnet operations.
According to the indictment, Yakubets and Turashev victimized multiple entities, including two banks, a school district, and four companies including a petroleum business, building materials supply company, vacuum and thin film deposition technology company and metal manufacturer in the Western District of Pennsylvania and a firearm manufacturer. The indictment alleges that these attacks resulted in the theft of millions of dollars, and occurred as recently as March 19, 2019.
Yakubets Charged in Relation to “Zeus” Malware
A criminal complaint was also unsealed in Lincoln today charging Yakubets with conspiracy to commit bank fraud in connection with the “Zeus” malware. Beginning in May 2009, Yakubets and multiple co-conspirators are alleged to have a long-running conspiracy to employ widespread computer intrusions, malicious software, and fraud to steal millions of dollars from numerous bank accounts in the United States and elsewhere. Yakubets and his co-conspirators allegedly infected thousands of business computers with malicious software that captured passwords, account numbers, and other information necessary to log into online banking accounts, and then used the captured information to steal money from victims’ bank accounts. As with Bugat, the actors involved with the Zeus scheme were alleged to have employed the use of money mules and a botnet.
Yakubets and his co-conspirators are alleged to have victimized 21 specific municipalities, banks, companies, and non-profit organizations in California, Illinois, Iowa, Kentucky, Maine, Massachusetts, New Mexico, North Carolina, Ohio, Texas, and Washington, identified in the complaint, including multiple entities in Nebraska and a religious congregation. According to the complaint, the deployment of the Zeus malware resulted overall in the attempted theft of an estimated $220 million USD, with actual losses of an estimated $70 million USD from victims’ bank accounts. According to the complaint, Yakubets’ role in the Zeus scheme was to provide money mules and their associated banking credentials in order to facilitate the movement of money, which was withdrawn from victim accounts by fraudulent means.
An individual charged as John Doe #2, also known as “aqua,” was indicted in District of Nebraska in case number 4:11-CR-3074. The indictment in that case charges that individual and others with conspiracy to participate in racketeering activity, conspiracy to commit computer fraud and identity theft, aggravated identity theft, and multiple counts of bank fraud related to the Zeus scheme. As alleged, the complaint unsealed today associates use of the moniker “aqua” in the Zeus scheme to Yakubets.
In case number 4:11-CR-3074, two of the co-conspirators of “aqua,” Ukrainian nationals Yuriy Konovaleko and Yevhen Kulibaba, were extradited from the United Kingdom to the United States. Konovalenko and Kulibaba both pleaded guilty in 2015 to conspiracy to participate in racketeering activity and have completed prison sentences that were imposed. Konovalenko and Kulibaba were previously convicted in the United Kingdom, after an investigation conducted by the Metropolitan Police Service, for their role in laundering £3 million GBP on behalf of the group responsible for the Zeus malware.
State Department $5 million USD Reward
The U.S. Department of State’s Transnational Organized Crime (TOC) Rewards Program is offering a reward of up to $5 million for information on Yakubets. Cyber threats are a top national security threat to the United States, and the Department of State’s TOC Rewards Program is one of the many tools used by U.S. authorities to bring significant cybercriminals to justice. Congress established the TOC Rewards Program in 2013 to support law enforcement efforts to dismantle transnational criminal organizations and bring their leaders and members to justice. The U.S. Department of State’s Bureau of International Narcotics and Law Enforcement Affairs manages the program in coordination with other U.S. federal agencies.
In addition to NCA, the law enforcement actions taken related to these two prosecutions were assisted by the efforts of law enforcement counterparts from The Netherlands, Germany, Belarus, Ukraine, and the Russian Federation.
The FBI’s Pittsburgh and Omaha Field Offices led the investigations of Yakubets and Turashev with assistance by the FBI’s Major Cyber Crimes Unit and Global Operations and Targeting Unit. The prosecution in Pittsburgh is being handled by Assistant U.S. Attorney Shardul S. Desai of the Western District of Pennsylvania, and the prosecution in Lincoln is being handled by Senior Counsel William A. Hall, Jr., of the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS) and Assistant U.S. Attorney Steven A. Russell of the District of Nebraska. The Criminal Division’s Office of International Affairs provided significant assistance throughout the criminal investigations. The Department’s National Security Division also provided investigative assistance.
The details contained in the indictment, criminal complaint and related pleadings are merely accusations, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Omaha Man Sentenced for Role in Drug Distribution ConspiracyRead the Press Release
United States Attorney Joe Kelly announced that United States District Judge Brian C. Buescher sentenced Dale Clayton Gaver III, 31, to a 60-month term of imprisonment today. Gaver, of Omaha, pleaded guilty to Conspiracy to Distribute Cocaine and Marijuana. After completion of his prison term, Gaver will begin a four-year term of supervised release.
In early 2019, investigators determined that Gaver was distributing cocaine, marijuana, and tetrahydrocannabinol (“THC”) cartridges used in vaping devices. During the search of his residence, investigators seized quantities of cocaine and marijuana, as well as $44,202.00 stashed in various places throughout the house. The cash was ordered forfeited to the United States at sentencing.
Gaver was interviewed and admitted to receiving multi-ounce quantities of cocaine on multiple occasions, which he then distributed to customers within the Omaha metropolitan area.
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.
Nebraska Corporation Sentenced to 3 Years of Probation and Fined $35,000Read the Press Release
United States Attorney Joe Kelly announced that Wild Willy’s Fireworks, LLC (“Wild Willy’s”), a corporation with its principal office in Springfield, Nebraska, was sentenced in federal court today in Omaha for Falsifying Records in a Federal Investigation. United States District Judge Brian C. Buescher sentenced Wild Willy’s to three years of probation and a $35,000 fine. Wild Willy’s, through its representative and owner, Dan Williams, pleaded guilty to the crime on August 21, 2019.
On January 17, 2017, an Occupational Safety and Health Administration (“OSHA”) inspector traveled to Wild Willy’s facility in Springfield to conduct a workplace inspection. Dan Williams was not present when the inspector arrived. The inspector was not permitted to enter the Wild Willy’s facility. Williams spoke with the inspector over the telephone and agreed that the inspector would return the next day on January 18, 2017. Williams then traveled to the facility and instructed employees to perform tasks in preparation for the inspection. Williams contacted a forklift operator trainer to conduct forklift training for individuals at Wild Willy’s.
When the forklift trainer arrived, Williams advised him that there was insufficient time to perform the forklift training. Williams instructed the trainer to complete certificates for four individuals stating that each of them received the forklift training. The trainer completed certificates for the four individuals. Each of the certificates were back dated to September 28, 2015. Although each of the certificates indicated that forklift training occurred on September 28, 2015, none of the individuals received forklift training on that date.
On January 18, 2017, an OSHA representative requested copies of the forklift training certificates. An employee of Wild Willy’s emailed OSHA copies of the falsified certificates. Each of the certificates falsely represented that the individuals listed received forklift training on September 28, 2015.
The case was investigated by the United States Department of Labor - Office of Inspector General.
Omaha Man Sentenced for Transportation with Intent to Promote Prostitution, Distribution of Cocaine, and Felon in Possession of a FirearmRead the Press Release
United States Attorney Joe Kelly announced today that Devontez Bobo, 26, of Omaha, was sentenced to 72 months’ imprisonment by United States District Judge Brian C. Buescher for transportation with intent to promote prostitution, distribution of cocaine, and felon in possession of a firearm. There is no parole in the federal system. Bobo was ordered to serve three years on supervised release after the completion of his prison term.
On or about September 6, 2018, using an internet website identified as skipthegames.com, an adult female was advertised as an escort available in Sioux City, Iowa. Bobo transported the female from Omaha, Nebraska to a hotel in Sioux City, Iowa, for the purpose of engaging in prostitution. Sioux City Police officers identified Bobo, his vehicle, and the female at the hotel. A Sioux City Police officer, acting in an undercover capacity, contacted the female using the telephone number advertised. After providing the officer with the hotel room number, the officer arrived and was allowed entry to the room by the female for purposes of engaging in commercial sex. Sioux City Police officers entered the room and placed the female into custody. Hotel paperwork obtained by law enforcement revealed that Bobo rented the room where the female was detained. Sioux City Police officers subsequently encountered and arrested Bobo as he drove his vehicle away from the hotel.
In November 2018, Bobo sold one ounce of powder cocaine and a Colt .32 caliber revolver to a confidential informant who was monitored in real time by law enforcement surveillance units.
This case was investigated by Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Omaha Police Department, and the Sioux City Police Department in Iowa.
North Carolina Man Sentenced for Enticement of a MinorRead the Press Release
United States Attorney Joe Kelly announced that Alexander M. Kingston, 27, formerly of Locust, North Carolina, was sentenced today in Lincoln, Nebraska, to 10 years in prison by United States Senior District Judge Richard G. Kopf for enticement of a minor. In addition to his prison sentence, Kingston will also serve 10 years on supervised release and be required to register as a sex offender.
In March of 2019, Lincoln Police Department Task Force Officers learned that a 14-year-old female met Kingston on a chatting website for teenagers. The minor communicated with Kingston through this website and other social media accounts.
Kingston offered to drive to Lincoln, Nebraska to pick her up. Officers learned Kingston was also talking to the minor through her friend’s social media account. Officers were granted access to the friend’s account, and continued the conversation with Kingston in an undercover capacity. Kingston believed that he was communicating with a 14-year-old female.
Kingston told the undercover officer he would drive from Kentucky and pick up the minor and take her to another state where she would live with him. Kingston then negotiated a meeting place in Lincoln, Nebraska. Kingston indicated he wanted to meet with the minor in a hotel room in Lincoln, Nebraska.
Through several search warrants to social media sites, Kingston was identified and located as living in Monroe, North Carolina.
On April 19, 2019, Kingston arrived at the pre-determined meeting site located in Lincoln to meet with the minor and her friend. Kingston got out of a vehicle with North Carolina license plates and was approached and arrested by Lincoln Police Department Officers. Kingston was holding a cellphone at the time of his arrest. The cellphone was observed to be open to an Instagram conversation between Kingston and the undercover officers.
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 minors. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Federal Bureau of Investigation Child Exploitation and Human Trafficking Task Force.