District of Nebraska
Press releases recorded for this federal judicial district.
Omaha Woman Enters Plea for Preparing a False Tax ReturnRead the Press Release
United States Attorney Joe Kelly announced that Opal Harris, 38, entered a plea of guilty on February 14, 2019, in United States District Court in Omaha to the charge of willfully preparing a false tax return. Preparing a false return carries a penalty of up to three years in prison, a fine of up to $100,000, and up to one year of supervised release. The Honorable Robert F. Rossiter, Jr. accepted the guilty plea and set sentencing for May 10, 2019, at 10:30 a.m.
“Dishonest return preparers use a variety of methods to cheat the government and the taxpaying public,” said Karl Stiften, Special Agent in Charge of IRS Criminal Investigation. “Tax practitioners and return preparers have a duty to their clients to prepare tax returns that comply with the law and are complete and accurate.”
This case was investigated by the Internal Revenue Service.
FedEx Packages Intercepted by Law Enforcement Result in Ten-Year Prison SentenceRead the Press Release
United States Attorney Joe Kelly announced that on February 14, 2019, Chief United States District Judge John M. Gerrard sentenced Jose Guzman-Ramirez to a term of imprisonment of 120 months, to be served in the U.S. Bureau of Prisons. Guzman-Ramirez pleaded guilty to Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine, a felony offense.
Investigators with the Drug Enforcement Administration, Omaha Field Division, and the Douglas County Sheriff’s Office intercepted a FedEx delivery of packages containing approximately 10 pounds of methamphetamine. Investigators successfully executed the delivery at a residence in Omaha, where Guzman-Ramirez and another defendant received the packages. Investigators recovered the methamphetamine and more than $11,600 in United States Currency, which is subject to criminal forfeiture. Guzman-Ramirez agreed to an order of removal by U.S. immigration authorities after serving his criminal sentence.
This case was investigated by the Drug Enforcement Administration and the Douglas County Sheriff’s Office.
Oklahoma City Man Sentenced for CyberstalkingRead the Press Release
United States Attorney Joe Kelly announced that Kevin W. McRae, age 48, was sentenced in federal court today in Omaha, Nebraska, for one count of cyberstalking. The Honorable Robert F. Rossiter, Jr. sentenced McRae to 5 months in prison, ordered him to pay $4,590 in expenses to the court, and three years of supervised release after he is released from prison.
McRae, as a member of the U.S. Air Force, had an extra-marital relationship with another member of the Air Force. When the relationship ended in 2015, for a period of approximately 10 months, McRae stalked the woman on the internet by posting sexually explicit photos of her on several websites. He retired from the Air Force prior to being prosecuted for this offense.
The case was investigated by the Federal Bureau of Investigation.
Nigerian Business E-mail Scammer Sentenced for FraudRead the Press Release
United States Attorney Joe Kelly announced that Adewale Aniyeloye, age 32 from Nigeria, was sentenced today for Wire Fraud. United States District Court Judge Robert F. Rossiter, Jr., sentenced Aniyeloye to a 96-month term of imprisonment. After his release from prison, Aniyeloye will begin a 3-year term of supervised release. The restitution amount is to be determined and will be ordered at a later date.
From approximately February 2015 to September 2016, Aniyeloye and other co-conspirators engaged in a form of fraud commonly referred to as business e-mail compromise. Aniyeloye used compromised e-mail accounts to send spoofed e-mails to thousands of business employees across the United States who had accounting responsibilities, to include authorizing and sending wire transfers. A spoofed e-mail is one in which the e-mail appears to be originating from a sender other than the person who is truly the sender. Aniyeloye and his co-conspirators posed as Chief Executive Officers or other business executives and would direct recipients of the spoofed e-mails to complete wire transfers. The business employees, thinking that the wire transfer requests were legitimate, would comply with the wire transfer requests and wire money to the location designated in the written instructions. The scheme was primarily conducted from Nigeria where Aniyeloye was living. In 2016, investigators learned Aniyeloye was planning to travel to the United States. He was arrested upon his arrival in Atlanta. Pursuant to this scheme, businesses, including businesses in the District of Nebraska, lost more than $6 million. The attempted losses pursuant to the scheme are more than $30 million. The two Nebraska victims of the fraud scheme lost approximately $163,230.
This case was investigated by the Federal Bureau of Investigation.
Former Director of Pharmacy Services for Children’s Hospital and Medical Center Pleads Guilty to Wire FraudRead the Press Release
United States Attorney Joe Kelly announced today that Lisa Kwapniowski, age 49, of Omaha, Nebraska, pleaded guilty to committing wire fraud, in violation of Title 18, United States Code, Section 1343. Kwapniowski pleaded guilty before Senior United States District Court Judge Laurie Smith Camp. Kwapniowski is scheduled to be sentenced on April 29, 2019 by Senior Judge Smith Camp. Wire Fraud is punishable by up to 20 years’ imprisonment and a $250,000 fine. As part of her sentence, Kwapniowski will be ordered to pay restitution in the amount of $4,622,234, minus any payments made prior to sentencing. Kwapniowski has also agreed to forfeit her interest in a residence she owns in Elkhorn, Nebraska.
An Information filed in the United States District Court for the District of Nebraska alleges that from 2010 to 2018, Kwapniowski, the former Director of Pharmacy Services for Children’s Hospital and Medical Center (“Children’s Hospital”) located in Omaha, Nebraska, defrauded Children’s Hospital out of more than $4,622,234. Beginning sometime prior to 2010, Kwapniowski submitted to Children’s Hospital fraudulent invoices from legitimate pharmaceutical suppliers. Kwapniowski then submitted reimbursement requests utilizing fraudulent invoices from a company she fraudulently created. In early 2012, Kwapniowski set up a business she named RxSynergy. Kwapniowski began to submit fraudulent invoices from RxSynergy to Children’s Hospital for payment. The invoices purported to be for pharmaceuticals and supplies, however, neither RxSynergy nor Kwapniowski ever provided any goods to Children’s Hospital in relation to the invoices. A number of the RxSynergy invoices were for a drug called Broxcilam, which was not a real drug. Kwapniowski fraudulently invoiced Children’s Hospital at least 227 times between 2012 and 2018.
The Information further alleges that between January 2012 and November 2013 Kwapniowski submitted fraudulent invoices to Children’s Hospital that appeared to come from PharMedium, a legitimate pharmaceutical vendor. Kwapniowski created fraudulent invoices directed to Children’s Hospital that appeared to come from PharMedium. Using a PayPal vendor’s account Kwapniowski had created using the name Advantage RX, Kwapniowski would utilize PayPal’s website to make a payment to the Advantage RX PayPal account, using a Children’s Hospital corporate credit card. Kwapniowski would submit to Children’s Hospital the fraudulent PharMedium invoices along with an internal approval form, which would act as the justification for Children’s Hospital to pay the outstanding corporate credit card bill. Children’s Hospital would pay the credit card company directly. Kwapniowski then transferred funds from the fraudulent Advantage RX PayPal account to her personal bank account.
This case was investigated by the Federal Bureau of Investigation.
Omaha Man Sentenced to Six Years for Distributing Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Aaron Marxsen, 40, was sentenced today in federal court in Omaha for distributing child pornography. United States District Court Judge Robert F. Rossiter, Jr. sentenced Marxsen to 72 months of imprisonment. There is no parole in the federal system. After his release from prison, Marxsen will begin a five-year term of supervised release and will be required to register as a sex offender. The court further imposed restitution to two known victims in the sum of $5,000.
On December 12, 2017, agents with the Federal Bureau of Investigation and local task force officers served a search warrant at Marxsen’s home. They recovered two devices containing child pornography. These devices held 50 videos and more than 150 images of child pornography. Search terms recovered from the computer reflected a targeted search for child pornography.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Omaha FBI's Cyber Crime Task Force (CCTF).
Lincoln Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Claude Charles Iron Thunder, 42, of Lincoln, was sentenced today to seven years (84 months) in federal prison for conspiracy to distribute and possess with intent to distribute 50 grams or more of a mixture or substance containing methamphetamine between June of 2014 and March of 2018. Following his prison term, Iron Thunder will serve four years on supervised release.
Information provided to law enforcement indicated that Iron Thunder was responsible for the distribution of at least 200 grams (approximately seven ounces) of methamphetamine mixture in the Lincoln area. In March of 2018, an undercover officer purchased a small amount of methamphetamine from another individual in Iron Thunder’s apartment. Iron Thunder was asleep in the apartment at the time. The seller told the officer that the seller and Iron Thunder were working together to sell methamphetamine.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
January Grand JuryRead the Press Release
United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 28 indictments charging 33 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.
* Aaron Arrellano-Abarca, age 40, of Omaha, is charged with illegal reentry after deportation from on or about January 4, 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.
* Ramon Barcenas-Diaz, age 30, of Omaha, is charged with illegal reentry after deportation from on or about January 4, 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.
* Ian Beals, age 25, of Omaha, is charged with felon in possession of a firearm on or about April 26, 2018. 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.
* Daniel Robert Berge, age 35, of Lincoln, Nebraska, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine beginning on or about December 13, 2018. The maximum possible penalty if convicted is Life imprisonment, not more than $10,000,000 fine, not less than an 8-year term of supervised release, and a $100 special assessment. Count II of the Indictment charges the defendant with felon in possession of a firearm on or about December 13, 2018. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a 3-year term of supervised release, and $100 special assessment.
* Erica L. File, age 33, and Marcus D. File, age 35, are charged with theft of US currency from her employer, First Nebraska Bank, in the amount of $12,143.00 on or about August 10, 2017. The maximum possible penalty if convicted is 30 years’ imprisonment for each, a $1,000,000 fine for each, a 3-year term of supervised release for each, and a $100 special assessment for each.
* Omar Garcia-Sanchez, age 35, of Las Vegas, Nevada, and Lanae Biggs, age 28, of Las Vegas, Nevada, are charged with possession with intent to distribute 500 grams or more of methamphetamine and marijuana on or about October 28, 2018. The maximum possible penalty if convicted is Life imprisonment, not more than $10,000,000 fine, not less than a 5-year term of supervised release, and a $100 special assessment.
* Damingo Burks, age 30, of Omaha, is charged with felon in possession of a firearm on or about November 18, 2018. 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.
* David E. Doll, age 59, of Bennington, Nebraska, is charged in a five-count Indictment. Counts I-V charge the defendant with failure to pay over withholding and FICA taxes from on or about September 30, 2012, and continuing through at least on or about June 30, 2013. The maximum possible penalty if convicted is 5 years’ imprisonment for each count, a $250,000 fine for each count, a 3-year term of supervised release for each count, and a $100 special assessment for each count.
* Nicholas Gragg, age 27, of Omaha, is charged with felon in possession of a firearm on or about December 11, 2018. 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.
* Carlos Hernandez-Degante, age 24, is charged with illegal reentry after deportation from on or about December 23, 2018. 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.
* Miguel Angel Lopez Alvarado, age 24, of Omaha, is charged with illegal reentry after deportation from on or about December 31, 2018. 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.
* Timothy Lukowski, age 45, of Omaha, is charged with Bank Fraud on or about September 5, 2018, and continuing on or about September 21, 2018. The maximum possible penalty if convicted is 30 years’ imprisonment, a $250,000 fine, a 5-year term of supervised release, and a $100 special assessment.
* Javier Marino-Ortiz, age 47 of Columbus, Nebraska, is charged with illegal reentry after deportation on or about January 14, 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.
* Ronald L. Miner, age 38, is charged with conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine between on or about January 1, 2015, continuing on or about October 30, 2018. The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, NLT 5-year term of supervised release, and a $100 special assessment.
* Carlos M. Molina, Jr., age 41, of Omaha, and Whitney G. Volenec, age 34, of Omaha, are charged in a four-count Indictment. Count I charges the defendants with conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine (actual) between on or about October, 2018 continuing on or about November, 2018. The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment. Count II charges the defendants with distribution of 50 grams or more of methamphetamine (actual) on or about October 18, 2018. The maximum possible penalty if convicted is Life imprisonment, not more than $10,000,000 fine, a 5-year term of supervised release, and a $100 special assessment. Count III charges Volenec with distribution of 5 grams or more of methamphetamine (actual) on or about October 1, 2018. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a 4-year term of supervised release, and a $100 special assessment. Count IV charges Volenec with distribution of 5 grams or more of methamphetamine (actual) on or about October 10, 2018. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a 4-year term of supervised release, and a $100 special assessment.
* Thomas Newland, age 34, of Omaha, is charged in a three-count Indictment. Count I charges the defendant with distribution of methamphetamine resulting in death on or about May 22, 2018. The maximum possible penalty if convicted is Life imprisonment, not more than $10,000,000 fine, not less than a 5-year term of supervised release, and a $100 special assessment. Count II charges the defendant with possession with intent to distribute fentanyl on or about May 22, 2018. The maximum possible penalty if convicted is 20 years’ imprisonment, not more than $1,000,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count III charges the defendant with possession with intent to distribute methamphetamine on or about May 22, 2018. The maximum possible penalty if convicted is 20 years’ imprisonment, not more than $1,000,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Jaime Carlos Ortiz Vidales, age 34 of Omaha, is charged with illegal reentry after deportation on or about January 8, 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.
* Manuel Palma-Peralta, age 30, of Omaha, is charged with illegal reentry after deportation from on or about January 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.
* Tawhyne M. Patterson, age 25, Damon D. Williams, age 27, and Dante D. Williams, age 25, are charged in a two-count Indictment. Count I charges the defendants with murder with a firearm during a crime of violence on or about July 31, 2018. The maximum possible penalty if convicted is Life imprisonment, a $250,000 fine, a 5-year term of supervised release, and a $100 special assessment. Count II charges the defendants with robbery of personal property, U.S. currency in the amount of $85,000 on or about July 30, 2018, and continuing through July 31, 2018. 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.
* Logan P. Reifschneider, age 23, of Mitchell, Nebraska, is charged in an eight-count Indictment. Count I charges the defendant with false statements to a financial institution on or about November 8, 2011. The maximum possible penalty if convicted is 30 years’ imprisonment, a $250,000 fine, a 5-year term of supervised release, and a $100 special assessment. Count II charges the defendant with unauthorized use of Access Devises from on or about July 18, 2015 to on or about September 28, 2015. 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 aggravated identity theft on or about February 9, 2015. The maximum possible penalty if convicted is 2 years’ imprisonment consecutive, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count IV charges the defendant with false statements to a financial institution on or about September 28, 2018. The maximum possible penalty if convicted is 30 years’ imprisonment, a $250,000 fine, a 5-year term of supervised release, and a $100 special assessment. Count V charges the defendant with unauthorized use of Access Devises from on or about May 10, 2015, to on or about January 8, 2017. 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 VI charges the defendant with aggravated identity theft on or about May 30, 2016. The maximum possible penalty if convicted is 2 years’ imprisonment consecutive, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count VII charges the defendant with aggravated identity theft on or about September 15, 2016. The maximum possible penalty if convicted is 2 years’ imprisonment consecutive, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count VIII charges the defendant with aggravated identity theft on or about December 22, 2016. The maximum possible penalty if convicted is 2 years’ imprisonment consecutive, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Alfonso Us-Juarez, age 20, of Omaha, and Maria Reyes-Taperia De Us, age 22, of Omaha, are charged with destroying two GPS units belonging to the United State on or about January 4, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine for each, a 3-year term of supervised release for each, and a $100 special assessment for each.
* Juan Carlos Ruiz Palacios, age 40, of Omaha, is charged in a five-count Indictment. Count I charges the defendant with distribution of 50 grams or more of methamphetamine on or about May 15, 2015. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, NLT 4-year term of supervised release, and a $100 special assessment. Counts II through IV charges the defendant with distribution of methamphetamine on or about May 27, 2015, June 19, 2015 and July 2, 2015. The maximum possible penalty if convicted is 20 years’ imprisonment each count, not more than $1,000,000 fine each count, a 3-year term of supervised release each count, and a $100 special assessment each count. Count V charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about July 9, 2015. The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, a 5-year term of supervised release, and a $100 special assessment.
* Frank Sadecki, age 34, of Omaha, is charged with possession with intent to distribute 50 grams or more of methamphetamine on or about November 15, 2018. The maximum possible penalty if convicted is 40 years’ imprisonment, not more than $5,000,000 fine, not less than a 4-year term of supervised release, and a $100 special assessment.
* Edilberto Sandoval-Ortiz, age 41, is charged with illegal reentry after deportation from on or about December 20, 2018. 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.
* Rowland Sudbeck, age 61, of Hartington, Nebraska, is charged with possession with intent to distribute 500 grams or more of methamphetamine on or about November 15, 2018. The maximum possible penalty if convicted is Life imprisonment, not more than $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment.
* Ramon Verjan-Velazquez, age 47, is charged with illegal reentry after deportation following a felony conviction on or about January 17, 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.
* Aron Villareal Moreno, age 40, of Grand Island, Nebraska, is charged with illegal reentry after deportation following a felony conviction on or about August 16, 2018. 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.
* Jordan Wolfe, age 20, is charged in a two-count Indictment. Count I charges the defendant with assault with a dangerous weapon with intent to do bodily harm on or about December 2, 2018. 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 II charges the defendant with assault resulting in serious bodily harm on or about December 2, 2018. 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.
Hastings Man Sentenced for Failing to RegisterRead the Press Release
United States Attorney Joe Kelly announced that Michael Brandon Richardson, 29, formerly of Hastings, Nebraska, was sentenced today in Lincoln, Nebraska, to 2 years in prison by Senior United States District Judge Richard G. Kopf, for failing to register under the Sex Offender Registration and Notification Act (SORNA). After his release from prison, Richardson will serve five years on supervised release and still be required to register.
SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.
Richardson was convicted previously of Sexual Assault/Incompetent - 3rd Degree (a Misdemeanor) on January 13, 2009, in Nuckolls County District Court, Nebraska, and was required to register as a sex offender for 15 years. After that conviction, Richardson relocated to Georgia where he initially registered but then failed to re-register, and a warrant was issued. In February, 2018, the Nebraska State Patrol was informed by Georgia law enforcement that Richardson appeared to have obtained a Nebraska driver’s license in November, 2017, and had listed an address in Hastings. After investigation it appeared that Richardson had been living and working in Hastings since June of 2017, but was now living in Superior, Nebraska. The Nebraska State Patrol confirmed that Richardson had not registered as a sex offender in Nebraska since his return from Georgia. Richards was arrested by the U.S. Marshals in August, 2018, and has remained in custody since that time.
This case was investigated by the Nebraska State Patrol and the United States Marshals Service.
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.
Falls City Man Sentenced on Child Pornography ChargesRead the Press Release
United States Attorney Joe Kelly announced that Corey J. Hayes, 32, formerly of Falls City, Nebraska, was sentenced today in Lincoln, Nebraska, to 9 1/2 years in prison by Chief United States District Judge John M. Gerrard, for receipt and distribution of child pornography. After serving his prison sentence, Hayes will be required to be on supervised release for 10 years and register as a sex offender.
In December of 2015, an undercover agent with the Department of Homeland Security was conducting undercover investigations on a chat site wherein a chat was initiated. During the course of the online chat, the individual, later identified as Hayes, engaged in discussions to meet and have sexual intercourse with a thirteen-year-old girl. Additionally, during the course of an online chat, Hayes transmitted a photograph of himself to the agent. Hayes also sent other images depicting young girls, including images that depicted child pornography, using another chat application.
In January of 2016, HSI agents received information from the chat application, which confirmed the location of Hayes as Falls City, Nebraska. In July, 2016, agents executed a federal search warrant on Hayes’s residence and seized an iMac computer, iPhone 4s, and portable media storage devices. After forensic examinations were conducted, one hundred fifty three (153) files containing child pornography were found on the iMac computer, including six (6) of the images sent to the UC agent by Hayes.
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.
Winnebago Man Sentenced for Sexual Abuse of a MinorRead the Press Release
United States Attorney Joe Kelly announced that Oliver Whitewing-Saul, age 23, was sentenced in federal court on Friday, January 18, 2019, in Omaha, Nebraska, for one count of Sexual Abuse of a Minor. The Honorable Robert F. Rossiter, Jr. sentenced Whitewing-Saul to 108 months of imprisonment. There is no parole in the federal system. After completing his term of imprisonment, Whitewing-Saul will begin a five-year term of supervised release.
On January 29, 2018, on the Winnebago Indian Reservation, Whitewing-Saul engaged in sexual intercourse with a 15-year-old female victim. Whitewing-Saul was 22 at the time. The investigation revealed that Whitewing-Saul’s DNA and the victim’s DNA were located on clothes that Whitewing-Saul was wearing at the time of the sexual encounter.
The case was investigated by the Federal Bureau of Investigation and the United States Department of the Interior, Bureau of Indian Affairs.
Macy Man Sentenced to 90 Months for Assault and Domestic ViolenceRead the Press Release
United States Attorney Joe Kelly announced that Roman Harlan, 34, of Macy, Nebraska, was sentenced in federal court in Omaha, Nebraska, for assault with a dangerous weapon; strangling an intimate partner; and domestic abuse by a habitual offender. Chief United States District Court Judge John M. Gerrard sentenced Harlan to a total sentence of 90 months. There is no parole in the federal system. After his release from prison, Harlan will begin a three-year term of supervised release.
On September 18, 2018 a jury found Harlan guilty of assault, strangulation and domestic violence-related charges. The evidence at trial established that on March 17, 2018, Harlan returned to his home in Macy. He punched his victim, T.M., in the face, held her down by pressing his knees into her shoulder and strangled her until she was unconscious. When T.M. regained consciousness, Harlan was holding two knives to her throat. He threatened T.M.’s life and that of her two-year-old child should she report the assault to the police. Harlan was found to be a habitual domestic offender. One of his earlier convictions was in federal court. He previously received a 51-month sentence for punching and kicking his wheelchair bound partner.
The federal government has jurisdiction over major crimes on the Omaha Indian Reservation involving a Native American. United States Attorney Joe Kelly credits the Federal Bureau of Investigation and Omaha Nation Law Enforcement Services for their response and investigation of this matter. Kelly noted that aggravated and domestic assaults are a priority and will be vigorously pursued by his office.
This case was investigated by the Federal Bureau of Investigation and Omaha Nation Law Enforcement Services.
Hastings Man Sentenced for Health Care FraudRead the Press Release
United States Attorney Joe Kelly and Nebraska Attorney General Doug Peterson announced today that Randy Kirby, 61, of Hastings, Nebraska, was sentenced January 17, 2019, to a year and a day in federal prison and ordered to pay restitution of more than $130,000 by Senior U.S. District Judge Richard Kopf in Lincoln, following Kirby’s plea to one count of Health Care Fraud. He will be on supervised release for three years following his prison term.
Kirby was formerly a mental health therapist in Hastings and operated a mental health practice called Transitions Counseling. Between September 2013 and September 2016, Kirby submitted false claims for reimbursement to Nebraska Medicaid for services that he could not show had occurred. Nebraska Medicaid paid Kirby $133,639.57 for those services. As a result, Kirby was indicted on nine counts of Health Care Fraud. He pleaded guilty to one count of Health Care Fraud in October 2018.
The matter was investigated by the Program Integrity Unit of Nebraska Medicaid and the Medicaid Fraud and Patient Abuse Unit of the Nebraska Attorney General’s Office, following a referral by Medicaid contractor Magellan Behavioral Health. Magellan was concerned about suspicious billings that were submitted by Kirby.
Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that on January 15, 2019, Taffin Monae Nuss, 30, and currently an inmate at the Nebraska Correctional Center for Women in York, Nebraska, was sentenced to five years in federal prison for conspiracy to distribute 500 grams or more of methamphetamine mixture between January of 2013, and April of 2017. This sentence was ordered to run concurrent with (at the same time as) the remainder of a sentence of 4-10 years imposed by the Lancaster County District Court on March 1, 2018. Following her prison term, Nuss will serve five years on supervised release.
Information provided to law enforcement indicated that Nuss was responsible for the distribution of at least 5 kilograms, (11 pounds) of methamphetamine mixture and at least 35 grams (1 ¼ ounces) of actual/pure methamphetamine. In April of 2017, Nuss was stopped for driving on a suspended license. During a search of her vehicle, at least 40 grams of actual methamphetamine were found.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
Lincoln Man Sentenced for Production of Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Randall Alan Hughes, 58, of Lincoln, Nebraska, was sentenced today in Lincoln, Nebraska, to 38 years in prison by Chief United States District Judge John M. Gerrard, for production of child pornography. After serving his prison sentence, Hughes will then be required to be on supervised release for the remainder of his life and register as a sex offender.
In 2017, the Department of Homeland Security received information that an ISP subscriber who resided in Lincoln, Nebraska was uploading child pornography in a chat room. A federal search warrant was served at Hughes’s residence in Lincoln, for evidence relating to production, distribution and possession of child pornography. As a result of the search, cellular telephones and other computer storage media were seized for forensic analysis and investigators found evidence that proved Hughes has been producing child pornography involving prepubescent minor victims.
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.
Omaha Man Sentenced to 10 Years for Possessing Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Rosalio Perez, 33, was sentenced in federal court in Omaha. Senior United States District Court Judge Laurie Smith Camp sentenced Perez to 10 years’ imprisonment. There is no parole in the federal system. Perez will begin a five-year term of supervised release and will be required to register as a sex offender upon his release from prison.
Perez was convicted in 2012 of possessing child pornography. He was sentenced to two years. In June 2016, Perez used an online messenger service to upload child pornography. On July 7, 2016, agents with Homeland Security Investigations searched Perez’s home and seized his phone. Agents discovered 46 videos and 77 images of child pornography on his phone.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by Homeland Security Investigations.
Omaha Man Sentenced for Baker’s and Mega Mart RobberiesRead the Press Release
United States Attorney Joe Kelly announced that Edward Sherrod, Jr., age 37, was sentenced in federal court today in Omaha, Nebraska, for two counts of robbery. The Senior United States District Court Judge Laurie Smith Camp sentenced Sherrod to 8 ½ years of imprisonment. She further ordered him to pay $19,444.00 in restitution. There is no parole in the federal system. After completing his term of imprisonment, Sherrod will begin a three-year term of supervised release.
On July 5, 2018, Sherrod robbed the Baker’s customer service counter at 5555 North 90th Street. He went into the store with what was later found to be a toy gun, nylon mask on his face, and gloves. He demanded money from the clerk and was given $3,607.00.
On July 24, 2018, Sherrod entered the Mega Mart at 1357 NW Radial Highway, with a black nylon covering his face. He was carrying a similar fake gun and demanded to know where the safe was. The safe was closed, but not locked and $26,007 was taken. Law enforcement officers were able to recover part of the money. Law enforcement officers were able to catch Sherrod when he returned a rental car used in the Mega Mart robbery.
The case was investigated by the Federal Bureau of Investigation Great Plains Violent Crimes Task Force and Omaha Police robbery unit.
Mexican Man Sentenced for Drug Trafficking Result of Joint DEA and Local Law Enforcement InvestigationRead the Press Release
United States Attorney Joe Kelly announced that on January 14, 2019, Senior United States District Judge Laurie Smith Camp sentenced Ramon Penunuri-Noriega, of Mexico, to a 168-month term of imprisonment, to be served in the U.S. Bureau of Prisons. Penunuri pleaded guilty to conspiracy to distribute and possess with intent to distribute methamphetamine and use of facilities in interstate commerce in aid of racketeering. During the first few months of 2018, Penunuri conspired with others to distribute multi-pound quantities of methamphetamine throughout the Omaha/Council Bluffs metropolitan area. Penunuri further agreed as part of his plea agreement to be removed from the United States to Mexico by immigration authorities upon completion of the 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.
Omaha Man and Woman Plead Guilty to Conspiring to Commit Bank FraudRead the Press Release
United States Attorney Joe Kelly announced that Charles F. Martin, 57, and Sherri L. Atkins, 59, pleaded guilty to felony conspiracy to commit bank fraud, in violation of Title 18, United States Code, Section 371. Martin pleaded guilty on January 10, 2019, before Magistrate Judge Michael D. Nelson. Atkins, before Judge Nelson, pleaded guilty today.
During an investigation conducted by Agents with the Federal Bureau of Investigation and U.S. Postal Inspection Service it was determined that from 2010 to 2013, Martin and Atkins, owners of IROCK Concrete, LLC, a business formerly located in Gretna, Nebraska, repeatedly submitted materially false and fraudulent financial statements and business records to multiple local financial institutions in the District of Nebraska. The false financial documents misrepresented the financial status of IROCK, LLC. Martin and Atkins provided the false financials in an effort to obtain and maintain loans that had been made to the company. The government alleges two financial institutions suffered losses exceeding $4.9 million dollars.
Martin and Atkins are scheduled to be sentenced on April 18, 2019, by Chief United States District Court Judge John M. Gerrard.
This case was investigated by the Federal Bureau of Investigation and the U.S. Postal Inspection Service.
Man Sentenced for Assaulting Federal Officer on Omaha ReservationRead the Press Release
United States Attorney Joe Kelly announced that Waylon Blackbird, 28, was sentenced in federal court today in Omaha, Nebraska, for Assaulting, Resisting, and Impeding a Federal Officer. The Honorable Laurie Smith Camp sentenced Blackbird to 36 months’ imprisonment. There is no parole in the federal system. After completing his term of imprisonment, Blackbird will begin a three-year term of supervised release.
On May 19, 2018, Blackbird assaulted an officer with the Omaha Nation Law Enforcement Services when the officer attempted to handcuff Blackbird after responding to a report of a domestic assault at a residence on the Omaha Indian Reservation. Blackbird struck the officer in the face, causing a laceration and breaking the officer’s I-Kam video recording glasses.
The case was investigated by the Federal Bureau of Investigation and Omaha Nation Law Enforcement Services.
Lincoln Man Found Guilty of Robbery and Gun ChargesRead the Press Release
United States Attorney Joe Kelly announced today that Shawn Brooks, age 27, of Lincoln, Nebraska, was convicted by a federal jury in Lincoln of thirteen counts of robbery and firearm-related charges. Brooks was found guilty of one count of conspiracy to commit robbery; five counts of interference with commerce by robbery; one count of bank robbery; and six counts of possessing a firearm in furtherance of a crime of violence. The jury also found that Brooks should receive a sentence enhancement on three of the firearms count. Brooks received two sentence enhancements for brandishing a firearm and one sentence enhancement for discharging a firearm during and in furtherance of a bank robbery. The case was heard before Chief United States District Court Judge John M. Gerrard. Brooks is facing up to life in prison. His sentencing hearing is set for April 12, 2019.
Evidence presented at trial showed that between November 29, 2016, and December 30, 2016, Shawn Brooks and his co-defendant, Marcus Remus, robbed one bank and five convenience stores, all in Lincoln, Nebraska. In three of those robberies, Shawn Brooks brandished a firearm at employees of the businesses. At the bank robbery, he also fired the weapon multiple times in the direction of bank employees. Marcus Remus shot one of the gas station clerks in their final robbery at a convenience store on December 30, 2016.
This case was investigated by the Lincoln Police Department and the FBI.
Omaha Man Sentenced for Drug Trafficking and Money Laundering as a Result of Joint DEA and IRS InvestigationRead the Press Release
United States Attorney Joseph P. Kelly announced that on December 21, 2018, United States District Judge Robert F. Rossiter, Jr., sentenced Jose Luis Murillo, of Omaha, to an 87-month term of imprisonment, to be served in the U.S. Bureau of Prisons. Murillo pleaded guilty to conspiracy to distribute and possess with intent to distribute methamphetamine and conspiracy to launder money. Mexican suppliers directed co-conspirators to deliver or retrieve pound quantities of methamphetamine to or from Murillo’s residence in Omaha and to collect cash drug proceeds from Murillo. Murillo also used wire transmitting businesses in the local area to wire drug proceeds to recipients in Mexico.
The case was primarily investigated by the Omaha offices of the Drug Enforcement Administration and the Internal Revenue Service, Criminal Investigations.
Habitual Offender Sentenced for Domestic AssaultRead the Press Release
United States Attorney Joe Kelly announced today that William A. Smith, age 31, of Winnebago, Nebraska, was sentenced for Domestic Assault by a Habitual Offender. United States District Court Judge Robert F. Rossiter, Jr., sentenced Smith to a 30-month term of imprisonment. After his release from prison, Smith with begin a 3-year term of supervised release.
On March 22, 2018, Smith assaulted his domestic partner on the Winnebago Indian Reservation by biting her finger causing significant pain and bleeding and fear of having a portion of her finger being bitten off.
This case was investigated by the Bureau of Indian Affairs and the Federal Bureau of Investigation.
Lincoln Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that on December 18, 2018, Robert Earl Rose, 35, of Lincoln, was sentenced to 15 years and eight months (188 months) in prison for conspiracy to distribute and possess with the intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine. Following the prison term, Rose will serve five years on supervised release.
Information provided to law enforcement indicated that Rose was responsible for the distribution of at least five kilograms (11 pounds) of methamphetamine in the Lincoln area between November of 2016 and November of 2017. On November 21, 2017, Rose was stopped for driving on a suspended license and was found in possession of two baggies containing a total of more than six grams of methamphetamine.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
Omaha Man Sentenced for Possessing Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Anders W. York, 53, was sentenced today in federal court in Omaha for possessing child pornography. Senior United States District Court Judge Laurie Smith Camp sentenced York to 45 months’ imprisonment. There is no parole in the federal system. After his release from prison, York will begin a five-year term of supervised release and will be required to register as a sex offender.
In November 2017 the FBI Cyber Crimes Task Force received five CyberTips from the National Center for Missing and Exploited Children. The CyberTips came back to a user in Omaha, Nebraska. Each CyberTip reflected that the user had uploaded images of child pornography between November 7 and November 24, 2017.
A federal search warrant was executed at the residence on March 15, 208. York was interviewed and admitted to viewing images of child pornography. Twenty-two images of child pornography were found on his phone.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Federal Bureau of Investigation and the Douglas County Sheriff’s Department.
Omaha Man Sentenced to 194 Months for Bank RobberyRead the Press Release
James Charles Fentress-Dismuke, 21, was sentenced in federal court Friday, December 14, 2018, in Omaha, Nebraska, for bank robbery and brandishing of a firearm during a crime of violence. The Honorable Robert F. Rossiter, Jr., sentenced Franklin to 8 years, 11 months of imprisonment. There is no parole in the federal system. After completing his term of imprisonment, Fentress-Dismuke will begin a five-year term of supervised release. He was also ordered to pay $100 in restitution.
On November 22, 2017, Fentress-Dismuke, Corita Burnett, Jonathan Franklin, and Vincent McGee were involved in robbing the Security Home Bank in Malmo, Nebraska. Franklin was involved in organizing the participants and planning the robbery. Fentress-Dismuke went into the bank brandishing a firearm and wearing a black ski mask and gloves. Franklin was traffic stopped a short time after the robbery and officers found a mask and two loaded handguns in the trunk of his car. Law enforcement recovered all but $100 of the $20,479.00 that was taken in the robbery.
Franklin pleaded guilty and was sentenced to 13 years, 5 months’ imprisonment. McGee pleaded guilty and is pending sentencing. Burnett has pleaded not guilty and is pending trial.
This case was investigated by the Federal Bureau of Investigation Great Plains Robbery Task Force, the Omaha Police Department Robbery Unit, the Saunders County Sheriff’s Department, the Wahoo Police Department, the Yutan Police Department and Nebraska State Patrol.
Gun and Gang Defendants Receive Substantial Sentences in Operation Brass CatcherRead the Press Release
United States Attorney Joe Kelly announced today the conclusion of a two-year long drug and gun operation, dubbed Operation Brass Catcher. This investigation involved the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Omaha Police Department. The arrests of these individuals were first announced in June 2017 when law enforcement officials conducted early morning operations in Northeast and Northwest Omaha, armed with arrest warrants for 22 individuals on federal and state charges for firearms and narcotics violations. In addition to these arrest warrants, agents and officers served a number of search warrants. Search warrants resulted in the seizure of several firearms, eleven pounds of marijuana, $10,000 in cash and a vehicle.
Operation Brass Catcher began as a seven-month long investigation centered on individuals involved in the trafficking and possession of firearms and narcotics. The vast majority of these individuals had gang affiliations and extensive criminal backgrounds. “This investigation involved federal agents and local law enforcement officers removing some very dangerous individuals from our streets,” said U.S. Attorney Kelly, “We are very pleased with the significant sentences that were handed down by both the federal and state courts. It is impressive to see the resolution, coordination and cooperation among these investigative agencies, and the Douglas County Attorney’s Office, in this very successful investigation and subsequent prosecutions.”
George Lauder, ATF Special Agent in Charge, added, “This investigation has served as a wake-up call to those who would choose to bring gun violence into our neighborhoods. In partnership with the Omaha Police Department, ATF will continue to identify and bring to justice, those who use firearms in furtherance of their criminal activities.”
Below are the names of the individuals convicted and their sentences.
FEDERAL Defendants
- WILLIAMS, Kendall, Age 22, 3055 Redick Avenue, Omaha
18 USC 922(d)(1) transfer of firearm to prohibited person
12 months in Federal Bureau of Prisons
- HOLBERT, Khyre, Age 22, Address 3331 N. 53rd Street, Omaha
18 USC 841(a)(1)(b)(1) distribution crack cocaine; 18 USC 924(c) use or carry of firearm during drug transaction
240 months in Federal Bureau of Prisons
- BECK, Jr., Breck, , Age 21, Address 6061 Camden Street, Omaha
18 USC 922(g)(1) felon in possession of a firearm
21 months in Federal Bureau of Prisons
- HOLMES, Jr., Curtis A., Age 27
18 USC 841(a)(1)(b)(1) distribution of a controlled substance crack cocaine
151 months in Federal Bureau of Prisons
- JACKSON, Sidney, Age 25, Address 2215 Ellison Street, Omaha
18 USC 922(g)(1) felon in possession of a firearm; 18 USC 841(a)(1)(b)(1) distribution crack cocaine;
18 USC 922(k) knowingly possess or manufactures a firearm that lacks a serial number or
contains an altered or obliterated serial number;
18 USC 924(c) use or carry of firearm during drug transaction.
60 months in Federal Bureau of Prisons6. GREEN, Trevon, Age 25, Address 2215 Ellison Street, Omaha
18 USC 841(a)(1)(b)(1) distribution marijuana; 18 USC 924(c) use or carry of firearm during drug transaction
27 months in Federal Bureau of Prisons7. ROBINSON, Terrance, Age 20, Address 5316 S. 86th Parkway #6, Omaha
18 USC 841(a)(1)(b)(1) distribution marijuana; 18 USC 924(c) use or carry of firearm during drug transaction
72 months in Federal Bureau of Prisons8. NOBLE, Jr., Lynell, Age 25, Address 5904 Henninger, Omaha
18 USC 922(d)(1) transfer of firearm to prohibited person
18 months in Federal Bureau of Prisons9. HARRIS, Andrell, Age 24, Address 3332 Blondo Street, Omaha
18 USC 922(g)(1) Felon in Possession of a Firearm
46 months in Federal Bureau of Prisons10. CUNEGIN, Kortney, Age 31, Address 6033 N. 167th Court, Omaha
18 USC 922(g)(1) Felon in Possession of a Firearm
63 months Federal Bureau of Prisons
11. McCARTY, Cary, Age 27, address 7505 N. 11th Street, Omaha
18 USC 922(g)(1) felon in possession of a firearm
33 months in Federal Bureau of Prisons
12. WILLIAMS, Loren, Age 26, Address 5337 N. 33rd Avenue, Omaha
18 USC 922(d)(1) transfer of firearm to prohibited person
24 months’ Supervised Release (probation) – U.S. Probation Federal Bureau of Prisons13. HART, James, Age 28, Address 5415 48th Avenue, Omaha
18 USC 841(a)(1)(b)(1) distribution crack cocaine;
18 USC 924(c) use or carry of firearm during drug transaction
36 months in Federal Bureau of Prisons14. BURRUS, James, Age 26, Address 1303 S. 10th Street, Omaha
18 USC 841(a)(1)(b)(1) distribution of methamphetamine
60 months in Federal Bureau of Prisons15. PERKINS, Drelin, Age 20, Address 6329 N. 24th Street, Omaha
18 USC 922(d)(1) transfer of firearm to prohibited person
24 months in Federal Bureau of Prisons
16. MAYFIELD, Mylon, Age 20
18 USC 922(d)(1) transfer of firearm to prohibited person; 18 USC 1512(a)(2)(a) witness tampering
18 months in Federal Bureau of Prisons17. DAMPEER, Kiwan, Age 21
18 USC 841(a)(1)(b)(1) Distribution of a controlled substance marijuana;
18 USC 924 (c) possession of a firearm during a drug transaction
60 months in Federal Bureau of Prisons18. COKES, Robert, Age 31, Address 1519 N. 31st Street, Omaha
18 USC 1512(a)(2)(a) witness tampering
15 months in Federal Bureau of Prison19. BRYE, Larry, Age 26
18 USC 922(g)(3) drug user in possession of a firearm
24 months in Federal Bureau of Prisons
STATE Defendants
- HICKS, Christopher, Age 23, Address 4619 N. 80th Avenue, Omaha
Convicted on 2 counts of delivery or distribution of a controlled substance and
possession of a firearm by a prohibited person (felon)
Sentenced to 20-24 years on each count - consecutive for a total of 40-48 years in
Nebraska Department of Corrections
- PERRY, Detrelle, Age 22, Address 5316 S. 86th Parkway #6, Omaha
Felony flight to avoid arrest and Possession of a firearm by a prohibited person
3 years to 40 months in Nebraska Department of Corrections
- GREEN, Devante, Age 24, Address 4483 Ellison Avenue, Omaha
Possession of a stolen firearm
24 months’ probation
- COOK, Nathaniel, Age 23, Address 3325 N. 41st Street, Omaha
Possession of a firearm by a prohibited person
20 years in Nebraska Department of Corrections
- BENNETT, Norman, Age 32, Address 11514 Camden Avenue, Omaha
Possession of a firearm by a prohibited person
13 years in Nebraska Department of Corrections
- WILLIAMS, Kendall, Age 22, 3055 Redick Avenue, Omaha
Omaha Man Sentenced for Bank RobberyRead the Press Release
United States Attorney Joe Kelly announced that Kevin Brown, age 30, was sentenced in federal court today in Lincoln, Nebraska, for one count of bank robbery. The Honorable John M. Gerrard sentenced Brown to 33 months in prison, ordered him to pay $84,505 in restitution, and three years of supervised release after he is released from prison.
On June 22, 2018, Brown and at least one other person went into the Great Western Bank, 8380 Old Cheney Road, Lincoln, Nebraska, and demanded money from the employees. The employees were told to put their hands up and lie on the ground. One of the robbers was wearing a flesh-colored mask, camouflage doo rag, white gloves and sunglasses. The second robber was wearing a blue medical mask and a long black wig. They left the bank with $84,505. A vehicle used in the robbery was tracked to Budget Rent A Car in Omaha. Later that day, Brown was located returning the rental car that had been used in the bank robbery. He had the flesh-colored mask, camouflage colored doo rag, and gloves in his possession that matched what was worn in the robbery.
The case was investigated by the Lincoln Police Department and the Federal Bureau of Investigation Great Plains Violent Crimes Task Force.
Lincoln Man Sentenced for Possession with Intent to Distribute Methamphetamine and HeroinRead the Press Release
United States Attorney Joe Kelly announced that Porfirio Rodriguez Reyes, 39, of Lincoln, received sentences today of 57 months in prison for possession with intent to distribute five grams or more of actual methamphetamine and 57 months for possession with intent to distribute 100 grams or more of heroin. Those sentences are to run concurrently (at the same time). Following the prison term, Rodriguez Reyes will serve two years on supervised release. However, it is likely he will be deported to Mexico after he is released from prison.
In February and March of 2018, a confidential informant working with the Lincoln/Lancaster County Drug Task Force made two purchases of methamphetamine and five purchases of heroin from Rodriguez Reyes in Lincoln. The largest purchase of methamphetamine occurred on March 2, 2018. At that time, the confidential informant bought 78 grams of actual methamphetamine from Rodriguez Reyes. The largest purchase of heroin was 108 grams on February 23, 2018. The total amount of actual methamphetamine purchased from Rodriguez Reyes was 104 grams (approximately 3 ¾ ounces), and the total amount of heroin was 378 grams (13 ½ ounces).
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
December Grand JuryRead the Press Release
United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 13 indictments charging 13 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.
* Emilio Bello-Ozuna, age 35, of Omaha, is charged with illegal reentry after deportation from on or about November 28, 2018. 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.
* Maurice T. Bowens, age 32, of Lincoln, Nebraska, is charged in a three-count Indictment. Count I charges the defendant with false statements during acquisition of a firearm on or about March 1, 2018. The maximum possible penalty if convicted is 5 years’ imprisonment, $250,000 fine, a 3-year term of supervised release, and $100 special assessment. Count II charges the defendant with false statements during acquisition of a firearm on or about April 26, 2018. The maximum possible penalty if convicted is 5 years’ imprisonment, $250,000 fine, a 3-year term of supervised release, and $100 special assessment. Count III charges the defendant with illegal receipt of a firearm by person under Indictment on or about April 26, 2018. The maximum possible penalty if convicted is 5 years’ imprisonment, $250,000 fine, a 3-year term of supervised release, and $100 special assessment.
* Manuel Cabrera, age 42, of Omaha, is charged with escape from custody on or about November 29, 2018. The maximum possible penalty if convicted is 5 years’ imprisonment, $250,000 fine, a 3-year term of supervised release, and $100 special assessment.
* David Campbell, age 33, of Council Bluffs, Iowa, is charged in a three-count Indictment. Count I charges the defendant with conspiracy to distribute 500 grams or more of methamphetamine beginning on or about July, 2018 and continuing to on or about September 4, 2018. The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, not less than 5-year term of supervised release, and a $100 special assessment. Count II of the Indictment charges the defendant with possession of a firearm in furtherance a drug trafficking offense on or about September 4, 2018. The maximum possible penalty if convicted is Life consecutive imprisonment, $250,000 fine, a 5-year term of supervised release, and $100 special assessment. Count III of the Indictment charges the defendant with being a felon in possession of a firearm on or about September 4, 2018. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a 3-year term of supervised release, and $100 special assessment.
* Benito Ceballos-Espinoza, age 34, of Bellevue, Nebraska, is charged with illegal reentry after deportation from on or about November 15, 2018. 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.
* Joseph Lloyd James, age 47, is charged with arson in Indian Country from on or about November 5, 2018. The maximum possible penalty if convicted is 25 years’ imprisonment, a $250,000 fine, a 5-year term of supervised release, and a $100 special assessment.
* Jorden Johnson, age 23, is charged in a two-count Indictment. Count I charges the defendant with robbery of personal property of the United States on or about November 14, 2018. 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 brandishing a firearm in furtherance of a crime of violence on or about November 14, 2018. The possible penalty if convicted is 7 years’ to Life imprisonment consecutive, a $250,000 fine, a 5-year term of supervised release, and a $100 special assessment.
* Javonn T. Lewis, age 23, of Indianapolis, Indiana, is charged in a two-count Indictment. Count I charges the defendant with Interference with Commerce by Robbery by force from an employee at Walgreens on or about March 11, 2018. 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. Count II charges the defendant with Robbery involving Controlled Substances by force from an employee at Walgreens on or about March 11, 2018. 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.
* Said Antonio Mejia-Cerrato, age 37, of Crete, Nebraska, is charged with illegal reentry after deportation from on or about December 7, 2018. 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 Franco Munoz, age 47, of LaVista, Nebraska, is charged in a two-count Indictment. Count I charges the defendant with false representation of a social security number on or about January 13, 2014. 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 illegal reentry after deportation from on or about December 6, 2018. 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.
* Jose Sevilla, age 33, is charged with possession with intent to distribute 50 grams or more of methamphetamine on or about November 13, 2018. 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.
* Mauro Valente-Hernandez, age 27, is charged with illegal reentry after deportation from on or about November 28, 2018. 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.
* Michael I. White, age 19, of Muncie, Indiana, is charged in a two-count Indictment. Count I charges the defendant with Interference with Commerce by Robbery by force from an employee at Walgreens on or about February 10, 2018. 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. Count II charges the defendant with Robbery involving Controlled Substances by force from an employee at Walgreens on or about February 10, 2018. 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.
Omaha Man Sentenced for Armed Bank RobberyRead the Press Release
United States Attorney Joe Kelly announced that Warren Dwayne Vasser, 45, was sentenced today in Omaha, Nebraska, by Senior United States District Judge Laurie Smith Camp, for the crimes of armed bank robbery and brandishing a firearm. Senior Judge Smith Camp sentenced Vasser to 132 months’ imprisonment, a five-year term of supervised release, and ordered Vasser to make restitution in the amount of $20 to the bank.
On November 15, 2017, Vasser and two others, Warren Copeland and Angelo Douglas, all possessing firearms, entered the First State Bank located at 1005 East 23rd St. in Fremont and took $84,135 in bank funds. After a high speed chase into Omaha, all three were arrested and all but $20 of the $84,135 was recovered. Copeland and Douglas were sentenced to prison terms of 12 and 11 years respectively earlier this year.
This case was investigated by the Federal Bureau of Investigation, the Fremont Police Department, and the Nebraska State Patrol.
Omaha Man Sentenced for RobberyRead the Press Release
United States Attorney Joe Kelly announced that Jonathan A. Valentine, age 40, was sentenced in federal court Monday in Omaha, Nebraska, for one count of interference with commerce by robbery. The Honorable Laurie Smith Camp sentenced Valentine to 10 years in prison, ordered him to pay $1,256.50 in restitution, and three years of supervised release after he is released from prison.
On July 20, 2017, Valentine went into the Baker’s Supermarket at 5555 North 90th Street, with a stocking over his head that concealed his face and a gun that was later determined to be a toy. He pointed the gun at a clerk in the customer service area and demanded she put money in a bag he brought in. During the robbery, Valentine placed his hand on the counter leaving his DNA. A tip led law enforcement to Valentine and his DNA was compared to that left on the counter. He was confronted and admitted his involvement in the crime.
During the time period that included the date of the robbery, Valentine was on federal supervised release for a prior conviction of possession with intent to distribute crack cocaine. As a result of his robbery conviction, his supervised release was revoked and Senior U.S. District Judge Smith Camp ordered him to serve an additional two years, three months in prison in addition to the 10-year robbery sentence.
The case was investigated by the Federal Bureau of Investigation Great Plains Violent Crimes Task Force and Omaha Police robbery unit.
Omaha Company Sentenced for Making False Statements to the U.S. Department of LaborRead the Press Release
United States Attorney Joe Kelly announced today that Chief United States District Court Judge John M. Gerrard sentenced Perkins & Perkins Co., LLC, an Omaha-based construction company, to a three-year term of probation and ordered restitution in the amount of $75,666 following the company’s felony conviction for making false statements to a federal agency.
During an investigation conducted by Special Agents with the United States Department of Labor Office of Inspector General, it was determined that between 2012 to 2014, Perkins & Perkins Co., LLC was awarded $1,530,503 in five Department of Transportation subcontracts to perform work on highway and road projects in Iowa and Nebraska. The projects were each federally funded requiring compliance with federal reporting requirements.
As part of the Department of Transportation subcontracts, Perkins & Perkins Co., LLC was required to pay its employees a prevailing wage. Perkins & Perkins Co., LLC was also required to submit weekly certified payroll records to the General Contractor of each project certifying that prevailing wages were in fact paid to the company’s employees. Certified payroll records submitted to the General Contractors were relied upon by the United States Department of Labor for processing payments to Perkins & Perkins Co., LLC under the Department of Transportation subcontracts.
Between 2012 and 2014 Perkins & Perkins Co., LLC submitted false certified payroll records relied upon by the United States Department of Labor. The certified payroll records falsely represented Perkins & Perkins Co., LLC paid the required prevailing wage to its employees, when company employees were paid less than the prevailing wage.
“We will continue to work with our law enforcement partners and United States Department of Labor’s Office of the Solicitor and Wage and Hour Division to protect the integrity of United States Department of Labor programs and to ensure workers are paid proper wages for the work they perform,” stated Steven Grell, Special Agent-in-Charge, Dallas Region, U.S. Department of Labor Office of Inspector General.
This case was investigated by the United States Department of Labor Office of Inspector General.
Lyons Man Sentenced for Bank FraudRead the Press Release
United States Attorney Joe Kelly announced that Joshua Huffman, 32, a resident of Lyons, Nebraska, was sentenced today, in Omaha, Nebraska, by Senior United States District Judge Laurie Smith Camp for the crime of bank fraud. Senior Judge Smith Camp sentenced Huffman to 3 months’ imprisonment, a five-year term of supervised release, and ordered Huffman to make restitution to the United Bank of Iowa and the Washington County Bank.
During the period from December 2014 through May of 2015, the Defendant submitted a series of false and fraudulent financial statements to United Bank of Iowa in Ida Grove, Iowa, and Washington County Bank in Blair, Nebraska, to obtain loans for his farming operation. These financial statements contained false information that ultimately resulted in the loans going into default. United Bank of Iowa suffered a loss of approximately $320,000 while Washington County Bank suffered a loss of almost $14,000.
This case was investigated by the United States Postal Inspection Service and the Federal Bureau of Investigation.
Tennessee Man Sentenced for Being a Felon in Possession of a FirearmRead the Press Release
United States Attorney Joe Kelly announced that Michael Wayne Parsons, age 57, formerly of Arlington, Tennessee, was sentenced today to 84 months in prison followed by three years of supervised release following his conviction by a United States District Court jury of being a felon in possession of a firearm. Mr. Parsons is a sovereign citizen who does not believe he is subject to the laws of the United States. He claims citizenship only in the country of “Chilcotin” which he and his like-minded associates believe was established in British Columbia, Canada, in 2015.
In January of 2017, Mr. Parsons was awaiting trial in state court in Tennessee. His charges there were also for being a felon in possession of a firearm. He failed to appear for his trial and a warrant was issued for his arrest. Mr. Parsons piloted a single-engine airplane he owned flying north headed to Montana and, ultimately, to the country of “Chilcotin” in Canada. He landed for the night in Arapahoe, Nebraska. Agents located him by pinging his phone. He was arrested and a later search of his airplane located an LAR 15 assault rifle and several hundred rounds of ammunition. Parsons was sentenced by the Honorable John Gerrard, Chief United States District Court Judge, who ordered Mr. Parsons’s federal sentence to run consecutive to a three-year state prison term for failing to appear for trial in the State of Tennessee.
This case was investigated by the Federal Bureau of Investigation and the Furnas County Sheriff’s Office.
Omaha Man Sentenced for Embezzlement of Government FundsRead the Press Release
United States Attorney Joe Kelly announced that Michael A. Basile, 62, was sentenced on December 6, 2018, in Omaha, Nebraska, by United States District Judge Robert F. Rossiter, Jr., for the crime of embezzlement of Government funds. Judge Rossiter sentenced Basile to 5 years of probation, 150 hours of community service, and ordered Basile to make restitution to the Veteran’s Administration in the amount of $62,255.56 and to the Railroad Retirement Board in the amount of $108,352.32.
Basile was receiving disability payments from both the Veteran’s Administration and the Railroad Retirement Board, based upon an existing disability. However, from June of 2014 through September of 2017, Basile engaged in contract work and had payment for that work made payable to a family member in order to conceal his income. Basile failed to report that income to both the Veteran’s Administration and the Railroad Retirement Board, as was required as a condition of his receipt of the disability payments.
“Our office will continue to vigorously investigate individuals who commit fraud against the disability program of the U.S. RRB,” said Kristie Osswald, Special Agent in Charge, Office of Inspector General, U.S. Railroad Retirement Board.
Gregg Hirstein, Special Agent in Charge, VA Office of Inspector General, said, “The Department of Veterans Affairs Office of Inspector General is committed to prosecuting those who seek to illegally enrich themselves at the expense of programs intended to help our nation’s veterans. This case should serve as a deterrent to those who would seek to defraud VA.”
This case was investigated by agents with both the Veteran’s Administration and the Railroad Retirement Board Office of Inspector General.
Norfolk Man Charged with ArsonRead the Press Release
United States Attorney, Joe Kelly, announced the unsealing of a criminal complaint charging Joseph Lloyd James, age 47 of Norfolk, Nebraska, with arson in connection with the burning of a car found on the Santee Sioux Indian reservation. James’ arrest occurred on November 19, 2018, and was made during the investigation into the death of Phyllis Hunhoff of Yankton, South Dakota. It is alleged James set fire to Hunhoff’s car. The maximum punishment for the offense is 25 years imprisonment, a $250,000 fine, a five year term of supervised release, and a $100 special assessment. James is scheduled for his initial appearance before United States Magistrate Judge Susan M. Bazis on November 21, 2018, at 1:30 p.m.. As this matter concerns an ongoing investigation, the United States Attorney’s Office is unable to provide additional comment at this time.
This case is being investigated by the Federal Bureau of Investigation, the Nebraska State Patrol, the Knox County Sheriff’s Office (Nebraska), the Santee Sioux Nation Police Department, the Lincoln Police Department (Nebraska), the Nebraska State Fire Marshal, the Norfolk Police Department (Nebraska), the Niobrara Police Department (Nebraska), and the Yankton County Sheriff’s Office (South Dakota).
A complaint is a formal accusation of conduct, not evidence of guilt. A defendant is presumed innocent unless and until proven guilty.
November Grand JuryRead the Press Release
United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 19 indictments charging 21 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Ashley Brown, age 31, is charged with false statements on an application to the Lincoln Housing Authority on or about October 9, 2012. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 years term of supervised release, and a $100 special assessment.
* Jeremy Lyle Deen, age 33, of Lincoln, Nebraska, is charged with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about August 31, 2018. The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, NLT 5-year term of supervised release, and a $100 special assessment.
* Daniel Diaz-Martinez, a/k/a Reynaldo Manuel Florez, a/k/a Roberto Ramirez-Gonzalez, age 64, of Grand Island, Nebraska, is charged in a six-count Indictment. Count I charges the defendant with illegal reentry after deportation on or about October 17, 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. Count II charges the defendant with use of an identification document not lawfully issued on or about August 2, 2017. 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 misuse of a social security number on or about August 2, 2017. 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 IV charges the defendant with use of an identification document not lawfully issued on or about September 25, 2018. 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 V charges the defendant with misuse of a social security number on or about September 25, 2018. 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 VI charges the defendant with aggravated identity theft from on or about September 25, 2018. The maximum possible penalty if convicted is 2 years imprisonment consecutive, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Alec Ramsey Eiland, age 19, is charged in a two-count Indictment with Cyberstalking between on or about September 1, 2018 and on or about November 8, 2018. The maximum possible penalty if convicted is 5 years imprisonment on each count, a $250,000 fine on each count, a 3-year term of supervised release on each count, and a $100 special assessment on each count.
* Devron D. Franklin, age 30, is charged in a six-count Indictment. Count I charges the defendant with Robbery by force from an employee at Quick Trip on or about June 13, 2018. 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. Count II charges the defendant with discharging a firearm on or about June 13, 2018. The possible penalty if convicted is 10 years to Life imprisonment consecutive, a $250,000 fine, a 5 year term of supervised release, and a $100 special assessment. Count III charges the defendant with Robbery by force from an employee at Reynoldson’s Shell Station on or about April 15, 2018. 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. Count IV charges the defendant with brandishing a firearm on or about April 15, 2018. The possible penalty if convicted is 7 years to Life imprisonment consecutive, a $250,000 fine, a 5 year term of supervised release, and a $100 special assessment. Count V charges the defendant with Robbery by force from an employee at Shopper’s Express on or about December 14, 2017. 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. Count VI charges the defendant with brandishing a firearm on or about December 14, 2017. The possible penalty if convicted is 7 years to Life imprisonment consecutive, a $250,000 fine, a 5 year term of supervised release, and a $100 special assessment.
* David Gamso, age 26, is charged with possession with intent to distribute 50 grams or more of methamphetamine mixture on or about October 27, 2018. 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.
* Lawrence Henderson, age 49, of Salt Lake City, Georgia, and Kendall Miller, age 24, of Warren, Ohio, are charged with possession with intent to distribute 500 grams or more of methamphetamine, 5 kilograms or more of cocaine, and marijuana on or about August 28, 2018. The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment.
* Alejandro Ibarra-Mendez, age 26, of Lincoln, Nebraska, is charged with illegal reentry after deportation from on or about November 8, 2018. 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.
* Jonathan Edward Landry, a/k/a Jackson Wolfie, age 21, is charged with alien in possession of a firearm from on or about September 6, 2018. 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.
* Orlando Marcelino Ramirez, age 22, of Bellevue, Nebraska, is charged with illegal reentry after deportation from on or about June 17, 2018. 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.
* Edgar Javier Maya Elvira, age 37, of Lexington, Nebraska, is charged with illegal reentry after deportation following a felony conviction on or about October 18, 2018. 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 Maya Soto, age 32, of Lincoln, Nebraska, is charged with illegal reentry after deportation from on or about November 8, 2018. 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.
* Delonta McKnight, age 26, is charged in a two-count Indictment. Count I charges the defendant with Bank Robbery taking US currency by force from an employee at Two Rivers Bank, in the amount of $135,469.00 on or about May 8, 2017. 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. Count II charges the defendant with brandishing a firearm on or about May 8, 2018. The possible penalty if convicted is 7 years to Life imprisonment consecutive, a $250,000 fine, a 5 year term of supervised release, and a $100 special assessment.
* Amir M. Muhammad, age 53, is charged in a six-count Indictment. Count I charges the defendant with carjacking on or about October 5, 2018. 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 brandishing a firearm on or about October 5, 2018. The possible penalty if convicted is 7 years to Life imprisonment consecutive, a $250,000 fine, a 5 year term of supervised release, and a $100 special assessment. Count III charges the defendant with Robbery by force from an employee at Juice Stop on or about October 3, 2018. 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. Count IV charges the defendant with brandishing a firearm on or about October 3, 2018. The maximum possible penalty if convicted is Life imprisonment consecutive, a $250,000 fine, a 5 year term of supervised release, and a $100 special assessment. Count V charges the defendant with Robbery taking personal property by force from an employee at P.L. Jewelers on or about October 1, 2017. 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. Count VI charges the defendant with Robbery by force from an employee at Max I. Walker on or about September 21, 2018. 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.
* Daewoo Robertson, age 18, of Indianapolis, Indiana, and Billy Adell, III, age 19, of Indianapolis, Indiana, are charged in a three-count Indictment. Count I charges the defendants with Robbery taking prescription drugs by force from an employee at CVS Pharmacy on or about October 28, 2018. The maximum possible penalty if convicted is 20 years imprisonment each, a $250,000 fineeach, a 3 year term of supervised release each, and a $100 special assessment each. Count II charges the defendants with brandishing a firearm on or about October 28, 2018. The possible penalty if convicted is 7 years to Life imprisonment consecutive each, a $250,000 fine each, a 5 year term of supervised release each, and a $100 special assessment each. Count III charges the defendants with Robbery taking prescription drugs from CVS Pharmacy registered with the Drug Enforcement Administration by force from on or about October 28, 2018. 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. There is also an allegation to forfeit a Glock 23 40 caliber firearm and one magazine round seized on or about October 28, 2018.
* Jason Michael Siemer, age 44, is charged in a sixteen-count Indictment. Counts 1-13 charges the defendant with Wire Fraud on or about December 17, 2014, and continuing through at least on or about November 22, 2016. The Indictment alleges Siemer defrauded financial institutions of payments causing losses of $9,700,000. The maximum possible penalty if convicted of Counts 1-13 is 20 years imprisonment for each count, a $250,000 fine for each count, a 3-year term of supervised release for each count, and a $100 special assessment for each count. Counts 14-15 charges the defendant with false statement on loan and credit applications, beginning or around April 21, 2015 and in or around April 29, 2016. The maximum possible penalty if convicted of Counts 14-15 is 30 years imprisonment for each count, a $1,000,000 fine for each count, a 5-year term of supervised release for each count, and a $100 special assessment for each count. Count 16 charges the defendant with money laundering, beginning or around February 23, 2015. The maximum possible penalty if convicted of Counts 16 is 10 years imprisonment, a $2,000,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Terrell B. Sullivan, age 55, is charged with conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine between on or about January 1, 2017 and on or about August 30, 2018. The maximum possible penalty if convicted is Life imprisonment, $20,000,000 fine, NLT 10 year term of supervised release, and a $100 special assessment.
* Roberto Vasquez Marquez, age 34, of Omaha, Nebraska, is charged with illegal reentry after deportation from on or about September 24, 2018. 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.
* Jose Vazquez-Vazquez, age 29, is charged with illegal reentry after deportation from on or about November 8, 2018. 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.
Omaha Man Sentenced for Making a False Statement to Federal InvestigatorsRead the Press Release
United States Attorney Joe Kelly announced today that on November 15, 2018, United States District Court Judge John M. Gerrard sentenced Lafi Jafari, age 74, of Omaha, Nebraska, to a term of one year probation and a fine of $20,000 following his felony conviction for making a false statement to federal investigators.
During an investigation conducted by Special Agents with the Housing and Urban Development Office of Inspector General, it was determined that Jafari was a landlord who owned rental properties in Omaha, Nebraska. A number of these properties participated in an Omaha Housing Authority program, in conjunction with the United States Department of Housing and Urban Development, to provide low and moderate income individuals with safe and sanitary housing through rent subsidies.
Starting in 2012, Jafari provided cash in amounts ranging from $200 to $700 to a program integrity specialist employed by the Omaha Housing Authority. The program integrity specialist’s duties included investigating for the presence of non-compliance or fraud perpetrated by tenants, vendors, and landlords participating in the Omaha Housing Authority program. Over a three-year time span the program integrity specialist received at least $2,100 from Jafari and others associated with him.
When questioned by special agents whether Jafari knew the Omaha Housing Authority program integrity specialist who had received the payments, Jafari falsely stated that he had never provided anything of value to an employee of the Omaha Housing Authority and that he did not know the program integrity specialist.
This case was investigated by the Federal Bureau of Investigation and Housing and Urban Development Office of Inspector General.
Motel Room Search Results in Federal Felony Drug Conviction and 81-Month Prison SentenceRead the Press Release
United States Attorney Joe Kelly announced today that on November 13, 2018, United States District Judge Robert F. Rossiter, Jr., sentenced Deshawn Trent to a term of imprisonment of 81 months, to be served in the U.S. Bureau of Prisons. Trent pleaded guilty to Possession with Intent to Distribute Methamphetamine, a felony offense.
On August 9, 2017, Omaha Police Department narcotics investigators executed a search warrant at a motel room where Trent was staying in Omaha, Nebraska. Trent was present and was arrested after officers recovered more than 300 grams of methamphetamine from the room.
This case was initially investigated by the Omaha Police Department, with assistance from the Omaha Division of the Drug Enforcement Administration.
Omaha Man Sentenced for Tax FraudRead the Press Release
United States Attorney Joe Kelly announced that Mark Harrell, age 35, was sentenced in federal court Monday in Omaha, Nebraska, for one count of aiding and assisting in the preparation of a false return. The Honorable Laurie Smith Camp sentenced Harrell to 5 years’ probation and ordered him to pay $43,058 in restitution.
For tax year 2012, Harrell prepared tax returns for friends and family members. On several of the U.S. Individual Income Tax Returns, Forms 1040 and 1040A, there were false and fraudulent statements that caused the I.R.S. to refund more money to the taxpayer than they were legally entitled to get. The false statements related to wages, wage withholding, and claims for American Opportunity Credit. In total, $43,058 was involved in Mr. Harrell’s scheme.
“Combatting refund fraud continues to be a priority for this office,” said Karl Stiften, Special Agent in Charge of IRS Criminal Investigation.
The case was investigated by the Internal Revenue Service Criminal Investigation.
Omaha Man Sentenced for Sale of Counterfeit Sports Trading CardsRead the Press Release
United States Attorney Joe Kelly announced that Thomas Beatty Jr., 45, was sentenced on Monday, October 29, 2018, in Omaha, Nebraska, by Chief United States District Judge Laurie Smith Camp, for the crimes of mail fraud and money laundering. Chief Judge Smith Camp sentenced Beatty to 30 months’ imprisonment, a three-year term of supervised release, and ordered Beatty to make restitution in the amount of $142,000.
From June 2017 through November 2017, the Defendant advertised and sold on E-Bay rare and valuable sports trading cards including two of Mickey Mantle, and one each of Joe Namath and Bill Russell, worth $117,500. The cards were in fact not authentic but rather counterfeit and worth less than $10 each.
This case was investigated by the United States Postal Inspection Service.
Former Omaha Tribal Council Member SentencedRead the Press Release
United States Attorney Joe Kelly announced today that former Omaha Tribal Council Member Doran Morris, Jr. (age 44), was sentenced by United States District Court Judge Robert F. Rossiter, Jr. for his conviction of one count of conversion and misapplication of funds of a health care benefit program in violation of Title 18, United States Code, Section 669. Morris was sentenced to five years of probation and was ordered to perform 200 hours of community service. In addition, Morris was ordered to pay restitution in the amount of $13,404.44 which was the amount he personally received.
According to the Indictment and Plea Agreements, the Omaha Tribe of Nebraska had filed Contract Disputes Act claims against the Indian Health Service, an agency of the United States Department of Health and Human Services. These claims were filed in 2005 and 2012, and concerned unpaid contract support costs covering the period of 1995-2011. The total amount of the claims was approximately $8.9 million. The Indictment alleges that the defendants converted and misapplied funds of a health care benefit program by paying and causing to be paid bonuses or incentives to themselves and several other tribal employees on account of the claim filings. These bonuses or incentives were paid in October of 2012 even though the claims against the Indian Health Service were not resolved and paid until late 2015. Funds used to pay the bonuses came from carryover funds from the fiscal year 2012 contract with IHS. These funds were supposed to be used for providing health care to members of the Omaha Tribe of Nebraska through the Carl T. Curtis Health Education Center.
Previously, eight other former tribal council members and tribal employees were sentenced for their roles in this offense. All defendants charged in the Indictment have now been sentenced.
This case was investigated by the Federal Bureau of Investigation and the Office of Inspector General for the Department of Health and Human Services.
Press Release by U.S. Attorney Relating to November 2018 ElectionsRead the Press Release
United States Attorney Joe Kelly announced today that Assistant United States Attorney (AUSA) Laurie Kelly, no relation, will lead the efforts of his office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 6, 2018, general election. AUSA Kelly has been appointed to serve as the District Election Officer (DEO) for the District of Nebraska, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with the United States Department of Justice’s headquarters in Washington, D.C.
United States Attorney Kelly said, “Every citizen must be able to vote without interference or discrimination and to have that vote be counted. The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on Election Day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
In order to respond to complaints of election fraud or voting rights abuses on November 6, 2018, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Kelly stated that AUSA/DEO Laurie Kelly will be on duty in this District while the polls are open. Polling sites are open from 8 A.M. until 8 P.M. in the Central Time Zone, and 7 A.M. until 7 P.M. in the Mountain Time Zone. AUSA Kelly can be reached by the public at the following telephone number: (402) 661-3700.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on Election Day. The local FBI field office can be reached by the public at (402) 493-8688.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, D.C. by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
Nebraska Secretary of State John Gale reminds voters that, should the need arise, the state’s Election Integrity Unit is on standby for Election Day concerns or complaints. Anyone may call his office to express concerns or file a formal complaint if necessary. Nebraskans who wish to contact the Election Integrity Unit may do so by calling (402) 471-2555, or toll-free at (888) 727-0007. If a voter is unsure about the location of their polling site, they should call their county election office or go online to https://www.votercheck.necvr.ne.gov.
United States Attorney Joe Kelly said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”
Lincoln Man Sentenced for Possession of Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Calvin Dugan, age 30 of Lincoln, Nebraska, was sentenced October 25, 2018, in Lincoln, Nebraska, to 63 months in prison by United States District Judge John M. Gerrard, for possession of child pornography. In addition to his prison term, Dugan will be required to serve 10 years on supervised release and register as a sex offender.
In May 2017, New Zealand Digital Child Exploitation Team (NZDCET) observed individuals posting images and videos depicting the sexual exploitation of children using an internet website that allows users to create or enter online chatrooms. NZDCET investigators observed an individual, later identified as Dugan, posting videos and images of child pornography.
In December, 2017, HSI Omaha and the Lancaster County Sheriff’s Office executed a federal search warrant at Dugan’s residence in Lincoln where cellular telephones and other computer storage media were seized for forensic analysis. When interviewed Dugan admitted to investigators that child pornography would be found on his devices. Forensic analysis revealed Dugan possessed more than 150 images of child pornography.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Department of Homeland Security and the Lancaster County Sheriff’s Department.
Lincoln Man Sentenced for Drug and Gun ChargesRead the Press Release
United States Attorney Joe Kelly announced that on October 25, 2018, Cristian J. Richards, 28, of Lincoln, was sentenced to 10 years and one month (121 months) in federal prison for distribution of and possession with intent to distribute 50 grams or more methamphetamine. Richards was also sentenced to five years (60 months) in prison for carrying and possessing a firearm, during, and in furtherance of a drug-trafficking offense. The sentence for the gun charge will be served consecutive to (after) the sentence for the drug offense. Following the prison terms, Richards will serve five years on supervised release.
On August 31, 2017, Richards was arrested by members of the Lincoln Lancaster County Narcotics Task Force after he was seen engaging in drug transactions. In Richards’s backpack, officers found at least 350 grams, (approximately 12 ½ ounces) of actual (pure) methamphetamine; a 9mm handgun; and $5,800 cash. Richards had an additional $3,041 cash on his person. As part of a plea agreement, Richards agreed to the forfeiture of $8,841 to the United States of America.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
October Grand JuryRead the Press Release
United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 15 indictments charging 17 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.
* Macario Ahilon-Lorenzo, age 40, of Lexington, Nebraska, is charged with illegal reentry after deportation from on or about September 21, 2018, and on or about September 24, 2018. 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.
* Eulogio Banda Chavez, age 27, of Omaha, Nebraska, is charged with illegal reentry after deportation on or about June 19, 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.
* Alyas Bertucci, age 18, Taylor Morris, age 20, and Dajuan Parker, age 20, are charged with assault in Indian Country resulting in serious bodily injury on or about August 18, 2018. The maximum possible penalty if convicted is 10 years’ imprisonment each, a $250,000 fine each, a 3-year term of supervised release each, and a $100 special assessment each.
* Gustavo Chavez Rivera, age 26, of Bellevue, Nebraska, is charged with illegal reentry after deportation from on or about September 20, 2018. 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.
* Dawn D. Clover, age 53, of Lincoln, Nebraska, is charged in a six-count Indictment. Counts 1-5 charges the defendant with Wire Fraud on or about November 3, 2014, and continuing through at least on or about October 3, 2017. The Indictment alleges Clover defrauded victims of social security disability payments causing losses of $34,622.86. Count 6 charges the defendant with conversion of another’s social security benefits, beginning in or around July, 2013 and continuing without interruption until in or around October, 2017. The maximum possible penalty if convicted of Counts 1-5 is 20 years’ imprisonment for each count, a $250,000 fine for each count, a 3-year term of supervised release for each count, and a $100 special assessment for each count. The maximum possible penalty if convicted of Count 6 is 5 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Donald James Cox, Jr., age 42, of Lincoln, Nebraska, is charged in a three-count Indictment. Count I of the Indictment charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine (actual) beginning on or about January 1, 2018, to on or about August 6, 2018. The maximum possible penalty if convicted is 10 years’ imprisonment, not more than $10,000,000 fine, not less than a 5-year term of supervised release, and a $100 special assessment. Count II of the Indictment charges the defendant with use of a firearm during a drug trafficking offense on or about August 6, 2018. The maximum possible penalty if convicted is 5 years’ consecutive imprisonment, $250,000 fine, a 3-year term of supervised release, and $100 special assessment. Count III of the Indictment charges the defendant with felon in possession of a firearm on or about August 6, 2018. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a 3-year term of supervised release, and $100 special assessment. There is also an allegation to forfeit United States currency seized on or about August 6, 2018.
* Tristen Lasley, age 21, is charged with strangulation in Indian Country resulting in bodily injury on or about September 10, 2018. 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.
* Jose Luna-Reyes, age 35, is charged with illegal reentry after deportation from on or about October 10, 2018. 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.
* Tomas Mendoza-Hernandez, age 53, of Omaha, Nebraska, is charged with illegal reentry after deportation following a felony conviction on or about September 28, 2018. 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.
* Brittany Newton, age 25, of Omaha, Nebraska, is charged with obtaining Oxycodone by fraud on or about August 20, 2018. The maximum possible penalty if convicted is 4 years’ imprisonment, $250,000 fine, 1-year term of supervised release, and a $100 special assessment.
* Luis Alberto Olvera Garcia, age 35, of Omaha, Nebraska, is charged with illegal reentry after deportation from on or about September 10, 2018. 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.
* Cesar Pereira Castro, age 30, is charged with illegal reentry after deportation from on or about September 28, 2018. 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.
* Seth Perina, age 42, of Fremont, Nebraska, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with possession with intent to distribute 5 grams or more of methamphetamine (actual) beginning on or about September 5, 2018, to on or about September 11, 2018. 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 of the Indictment charges the defendant with use of a firearm during a drug trafficking offense on or about September 11, 2018. The maximum possible penalty if convicted is Life consecutive imprisonment, $250,000 fine, a 5-year term of supervised release, and $100 special assessment. There is also an allegation to forfeit United States currency seized on or about September 11, 2018.
* Oscar Pineda-Medina, age 43, of Grand Island, Nebraska, is charged with illegal reentry after deportation following a felony conviction on or about October 3, 2018. 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.
* Elideth Ramirez Cruz, age 27, of Omaha, Nebraska, is charged with illegal reentry after deportation following a felony conviction on or about September 18, 2018. 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.
* Osvaldo Ramirez Hernandez, age 41, of Fremont, Nebraska, is charged with illegal reentry after deportation following a felony conviction on or about October 10, 2018. 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.
* Gustavo Valle, age 35, of Lincoln, Nebraska, is charged with illegal reentry after deportation from on or about September 20, 2018. 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.
* Frederick Alan Voight, of Richmond, Texas, is charged in a 20-count Indictment. Counts 1-18 charges the defendant with Mail Fraud on or about Jun 25, 2012, and continuing through at least on or about May 3, 2015. Counts 19-20 charges the defendant with money laundering, beginning in or around February 22, 2013, and continuing until in or around February 28, 2013. The maximum possible penalty if convicted of Counts 1-18 is 20 years’ imprisonment for each count, a $250,000 fine for each count, a 3-year term of supervised release for each count, and a $100 special assessment for each count. The maximum possible penalty if convicted of Counts 19-20 is 10 years’ imprisonment for each count, a $2,000,000 fine for each count, a 3-year term of supervised release for each count, and a $100 special assessment for each count.
Former Omaha Tribal Chairman and Council Members SentencedRead the Press Release
United States Attorney Joseph P. Kelly announced today that former Omaha Tribal Council Chairman Amen Sheridan (age 57), and former Omaha Tribal Council members Mitchell Parker (age 70) and Jeff Miller (age 54) were sentenced on October 16, 2018, by United States District Court Judge Robert F. Rossiter, Jr. for their convictions of one count of conversion and misapplication of funds of a health care benefit program in violation of Title 18, United States Code, Section 669. Each of these defendants was sentenced to five years of probation and ordered to perform 200 hours of community service. In addition, these defendants were to pay restitution in the amount they each received. Amen Sheridan and Mitchell Parker were ordered to pay $13,404.44 apiece. Jeff Miller was ordered to pay $40,213.32.
According to the Indictment and Plea Agreements, the Omaha Tribe of Nebraska had filed Contract Disputes Act claims against the Indian Health Service, an agency of the United States Department of Health and Human Services. These claims were filed in 2005 and 2012, and concerned unpaid contract support costs covering the period of 1995-2011. The total amount of the claims was approximately $8.9 million. The Indictment alleges that the defendants converted and misapplied funds of a health care benefit program by paying and causing to be paid bonuses or incentives to themselves and several other tribal employees on account of the claim filings. These bonuses or incentives were paid in October of 2012 even though the claims against the Indian Health Service were not resolved and paid until late 2015. Funds used to pay the bonuses came from carryover funds from the fiscal year 2012 contract with IHS. These funds were supposed to be used for providing health care to members of the Omaha Tribe of Nebraska through the Carl T. Curtis Health Education Center.
Previously, five other former tribal council members and tribal employees were sentenced for their roles in this offense. Additionally, Doran Morris, Jr. has pleaded guilty and will be sentenced later in October.
This case was investigated by the Federal Bureau of Investigation and the Office of Inspector General for the Department of Health and Human Services.
Omaha Woman Sentenced for Tax EvasionRead the Press Release
United States Attorney Joe Kelly announced that Becky Neeb, 37, was sentenced on Monday, October 15, 2018, in Omaha, Nebraska, by Chief United States District Judge Laurie Smith Camp for the crime of tax evasion. Judge Smith Camp sentenced Neeb to 5 years’ probation and ordered Neeb to make restitution to the IRS in the amount of $137,374, representing the total tax loss.
Neeb willfully attempted to evade and defeat the assessment of her individual income tax for years 2011, 2012, and 2013 on her Form 1040 U.S. Individual Income Tax Returns. She evaded the assessment of her income tax liability for those years by under reporting her business receipts and over reporting her business expenses for her business, Top Notch Charms, which she operated in the Westroads Mall in Omaha.
“Tax violations have been erroneously referred to as victimless crimes, but it's the honest law-abiding citizen who is harmed when someone tries to manipulate our nation's tax system,” said Karl Stiften, IRS Criminal Investigation Special Agent in Charge.
This case was investigated by IRS Criminal Investigations.
Sex Offender Sentenced for Failing to Register in NebraskaRead the Press Release
United States Attorney Joe Kelly announced that Sire English, 26, was sentenced for failing to register as a sex offender. The Honorable Robert F. Rossiter, Jr., sentenced English to 15 months of imprisonment. There is no parole in the federal system. After his release from prison, English will being a five-year term of supervised release.
English was convicted in Pottawattamie County, Iowa, of enticing a minor. This 2013 conviction required English to register as a sex offender for ten years. He had registered in Iowa and later in Arkansas before moving to Omaha in December, 2016. He did not register with the Nebraska Sex Offender Registry and was arrested by the United States Marshal’s Office in June, 2017.
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.