District of Nebraska
Press releases recorded for this federal judicial district.
January Grand JuryRead the Press Release
United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 19 indictments charging 20 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.
* Luis Aldana, age 44, of Omaha, is charged with illegal reentry after deportation on or about December 29, 2016. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Andres Arza Asturizaga, a/k/a Andres Arza, age 27, is charged with illegal reentry after deportation following an aggravated felony conviction on or about January 10, 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.
* Larry L. Boryca, age 58, of Blair, Nebraska is charged in a four-count Indictment. Count I of the Indictment charges the defendant with theft of government funds beginning in or around 1990, and continuing without interruption until in or around March 2016. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Counts II thru IV of the Indictment charge Boryca with social security fraud beginning in or around 1990 and continuing until on or about January 17, 2015. 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 for each count .* Keith Buchanan, aka Sung-Mai-Tu-Ska Buchanan, age 27, of Sioux City, Iowa is charged in a two-count Indictment. Count I of the Indictment charges the defendant with assault with a dangerous weapon, with intent to do bodily harm on or about October 22, 2016. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges Buchanan with domestic assault by an habitual offender on or about October 22, 2016. 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.
* Irma De La Cruz-Avalos, is charged in a three-count Indictment. Count I of the Indictment charges that on or about August 12, 2016, the defendant used a State of Nebraska Identification Card and a Social Security card knowing said documents were not issued lawfully for the use of the defendant. 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 of the Indictment charges De La Cruz-Avalos with false representation of a social security number on or about August 12, 2016. 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 III of the Indictment charges the defendant with false representation of U.S. Citizenship on or about August 12, 2016. 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.* Lara Jean Deming, a/k/a Lara Jean Wolfe, age 28, is charged with assault with a dangerous weapon, with intent to do bodily harm on or about October 1, 2016. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Latasha D. Ellis, age 43 and Niquisha Taylor, age 36, both of Omaha, are charged in a ten-count Indictment. Count I of the Indictment charges both defendants with conspiracy to defraud the government by filing fraudulent tax returns from on or about January 16, 2012, until on or about December 11, 2014. 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. Counts II through X of the Indictment charge Ellis and Taylor with filing false, fictitious, and fraudulent tax returns from February 2, 2012 through March 4, 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 for each count.
* Feliciano Fuentes-Avecias, age 34, is charged with illegal reentry after deportation following a felony conviction on or about November 21, 2016. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Fernando Garcia Menendez, age 50, is charged with illegal reentry after deportation following a felony conviction on or about December 14, 2016. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Estaban Ignacio-Saligan, age 34, of Omaha, is charged with illegal reentry after deportation following an aggravated felony conviction on or about January 9, 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.
* Pedro Raymundo Loarca, age 39, of Crete, Nebraska, is charged with illegal reentry after deportation on or about December 13, 2016. 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.
* Nelson Mendoza-Zuniga, age 35, is charged with illegal reentry after deportation following a felony conviction on or about December 14, 2016. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Celso Mercado-Sierra, age 39, of Grand Island is charged with illegal reentry after deportation following a felony conviction on or about December 10, 2016. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Bernardo Miranda-Mauricio, age 24, of Omaha is charged with illegal reentry after deportation on or about December 7, 2016. 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.
* Ricardo Ochoa Cervantes, age 47, of Bellevue, Nebraska, is charged with illegal reentry after deportation on or about January 4, 2017. 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.
* Juan Francisco Rodriguez-Pena, age 48, is charged in a two-count Indictment. Count I of the Indictment charges that on or about October 25, 2016, the defendant used a State of Nebraska Identification Card and a Social Security card knowing said documents were not issued lawfully for the use of the defendant. 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 of the Indictment charges Rodriguez-Pena with false representation of a social security number on or about October 25, 2016. 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.
* Simon Vega-Garduno, is charged with illegal reentry after deportation on or about January 11, 2017. 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.
* Vicente Velazquez, age 32, of Omaha, is charged in a five-count Indictment. Count I of the Indictment charges the defendant with conspiracy to distribute and possess with intent to distribute 50 grams or more of a mixture containing methamphetamine from an unknown date but at least as early as November 9, 2016, up to and including December 7, 2016. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment. Counts II through IV of the Indictment charge Velazquez with distribution and possession with intent to distribute a mixture containing methamphetamine on or about November 9, 2016, November 16, 2016, and November 29, 2016. The maximum possible penalty if convicted is 20 years imprisonment, a $1,000,000 fine, a 3 year term of supervised release, and a $100 special assessment for each count. Count V of the indictment charges the defendant with possession with intent to distribute 50 grams or more of a mixture containing methamphetamine on or about December 7, 2016. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment. The indictment also alleges any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the violation alleged in the indictment and any property used to commit the offense should be forfeited to the United States.
* Victor Wolfe, age 25, of Macy, Nebraska, is charged with failure to appear on or about December 2, 2016. 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.
Winnebago Men Sentenced for Assault with a Dangerous Weapon and Use of a Firearm During a Crime of ViolenceRead the Press Release
United States Attorney Deborah R. Gilg announced that on January 23, 2017, the Honorable Laurie Smith Camp, Chief Judge of the United States District Court for the District of Nebraska, sentenced Anthony Whitewater, 24, and Marcus Blackhawk, 27, to the custody of the U.S. Bureau of Prisons after they were found guilty by a federal jury of assault with a dangerous weapon and use of a firearm during a crime of violence. Whitewater was sentenced to a total of 241 months in prison. Blackhawk was sentenced to a total of 121 months in prison. Both are enrolled members of the Winnebago Tribe of Nebraska.
In the early morning hours of May 2, 2016, Whitewater attended a party at a residence in Winnebago, Nebraska. While at the party, Whitewater became involved in a conflict with another person. The conflict resulted in Whitewater being punched in the face and receiving a bloody nose. Whitewater was kicked out of the party and vowed to return. Believing that the person with whom he had had the conflict was traveling in a vehicle leaving the party, Whitewater, while being driven in a vehicle operated by his brother, Marcus Blackhawk, began a high-speed chase of the other vehicle while shooting at the occupants of that vehicle. The fleeing vehicle was hit by Whitewater’s weapon seven times. Fortunately, neither of the occupants of the fleeing vehicle were hit. As it turns out, the people in the vehicle were not involved in the earlier altercation. Whitewater was also prohibited from possessing firearms as a consequence of prior felony convictions.
This case was investigated by the Federal Bureau of Investigation.
Funk Man Sentenced for Possessing Child PornographyRead the Press Release
United States Attorney Deborah R. Gilg announced that Joshua James Just, 39, formerly of Funk, Nebraska, was sentenced on January 20, 2017, in Lincoln, Nebraska, to 66 months in prison by United States District Judge John M. Gerrard, for possession of child pornography. After serving his prison sentence Just will be required to serve an additional 7 years on supervised release and be required to register as a sex offender and pay a $1,000.00 fine.
In March of 2015, while reviewing data for a peer-to-peer investigation, an investigator with the Nebraska Attorney General’s Office observed an IP address with child pornography files available for sharing. Further investigation determined that the physical location and subscriber of the internet service was Joshua Just at his residence in Funk, Phelps County, Nebraska. In December, 2014, investigators made a direct connection with this same IP address and downloaded several digital files. One such file, which was 10 minutes, 2 seconds in length, depicted minors engaged in sexually explicit conduct as defined by federal law. Investigators also viewed two additional files which were made available for sharing, both of which contained similar images of child pornography involving prepubescent minors.
A search warrant was executed on Just’s residence and items of computer equipment were seized. The examination of Just’s computer revealed more than 22,761 videos and image files, 209 of which were categorized as “files of interest” related to past child pornography investigations.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Nebraska Attorney General’s Office.
Lincoln Man Sentenced for User/Addict in Possession of FirearmRead the Press Release
United States Attorney, Deborah R. Gilg, announced that on January 20, 2017, Jetwan G. Williams, 22, of Lincoln, was sentenced to time served, (six days in custody) and three years of supervised release for being a user or addict in possession of a firearm. The three-year supervised release term includes 90 days of home confinement. Williams was also ordered to pay a $100 special assessment.
The charge arose from an investigation into a photo posted to Facebook by Williams which showed Williams holding an SKS rifle and a handgun. In the photo, a shotgun was shown hanging on the wall behind Williams. The photo was taken at the Lincoln residence of one of Williams’ friends, and all the firearms belonged to that friend. At the time the photo was posted, in January of 2016, Williams was a user of marijuana, making it unlawful for him to possess firearms.
This case was investigated by the Lincoln Police Department.
Lincoln Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney, Deborah R. Gilg, announced that on January 13, 2017, Angela Tierney, 34, of Lincoln, was sentenced to five years and three months (63 months) for her role in a conspiracy to distribute and possess with the intent to distribute 500 grams or more of a substance containing methamphetamine between January of 2013, and February of 2015. Information obtained by law enforcement indicated that Tierney was responsible for the distribution of at least 500 grams, (approximately 18 ounces) of methamphetamine during that time.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
Lincoln Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney, Deborah R. Gilg, announced that on January 6, 2017, Tiffany Alice Wolfe, 33, of Lincoln, was sentenced to 10 years and three months (123 months) for her role in a conspiracy to distribute and possess with the intent to distribute 500 grams or more of a substance containing methamphetamine between September of 2013, and December of 2015. Information obtained by law enforcement indicated that Wolfe was responsible for the distribution of at least 1.5 kilograms, (approximately three pounds) of methamphetamine during that time. In September of 2015, Wolfe was contacted by Lincoln Police officers and told officers she had been selling methamphetamine for two years. In December of 2015, she was found in possession of over ten grams of methamphetamine outside the Lancaster County Jail. At that time, Wolfe said she had five to ten customers, at least three of whom were reselling methamphetamine purchased from her to other persons.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
Lincoln Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney, Deborah R. Gilg, announced that on January 6, 2017, Ryan Homer Dittmer, 40, of Lincoln, was sentenced to eight years and one month (97 months) for his role in a conspiracy to distribute and possess with the intent to distribute 50 grams or more of a substance containing methamphetamine between October of 2013, and February of 2016. Information obtained by law enforcement indicated that Dittmer was responsible for the distribution of at least 1.5 kilograms, (approximately three pounds) of methamphetamine during that time. In January of 2016, Dittmer was contacted by Lincoln Police officers, and he was found in possession of approximately 1 ⅔ ounces of methamphetamine. At that time, he told officers that he had been selling quantities of methamphetamine of one ounce or more for over a year, and the majority of his customers were buying quantities large enough to sell to other persons.
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 Deborah R. Gilg announced that Jonathan May, 49, of Omaha, Nebraska, was sentenced on January 4, 2017 in Lincoln, Nebraska, to 48 months in prison by Senior United States District Judge Richard G. Kopf, for possession of child pornography. After his release from prison, May will also serve five years of supervised release and be required to register as a sex offender.
Investigators of the Nebraska Attorney General’s Office, observed an IP address belonging to the Defendant, making files available for sharing. On June 18, 2014, a search warrant was obtained from the Cass County Court and served at the defendant’s address in Plattsmouth, Nebraska. Investigators made contact with the defendant. After a forensic examination of May’s computer, Investigators were able to verify that over 500 video files which depicted minors, including prepubescent minors, engaging in sexually explicit conduct. Contained within the total number were 14 known series of child pornography.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Nebraska Attorney General’s Office.
Lincoln Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney, Deborah R. Gilg, announced that on December 21, 2016, Mykael Thomas Pierce, also known as Michael Thomas Pope, 47, of Lincoln, was sentenced to 11 years and eight months, (140 months), in prison for his role in a conspiracy to distribute and possess with the intent to distribute 500 grams or more of a substance containing methamphetamine between January of 2013, and July of 2015. Information obtained by law enforcement indicated that Pierce was responsible for the distribution of at least 500 grams, (approximately 18 ounces) of methamphetamine during that time. Pierce was contacted by Lincoln Police officers on four occasions between January and July of 2015, and on each occasion, he was found in possession of small amounts of methamphetamine.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
Wahoo Man Sentenced for Filing a False Tax ReturnRead the Press Release
United States Attorney Deborah R. Gilg announced that Kent Jay Trembly, 61, of Wahoo, Nebraska., was sentenced today in Lincoln, Nebraska, to 2 years of probation, including 6 months of house arrest by United States Senior District Judge Richard G. Kopf, for filing a false tax return with the Internal Revenue Service. In addition to his probation sentence, Trembly was required to pay $110,374.58 in restitution to the Internal Revenue Service.
In February, 2009, Trembly filed a Form 1040 for the year 2006 with the Internal Revenue Service. That return was verified and signed by Trembly with a written declaration that it was made under the penalties of perjury. The Form 1040 signed by Trembly failed to indicate Schedule C income and gross receipts from his business activity, involving legal, veterinarian, supplement sales, and/or investment broker businesses, during the calendar tax year of 2006. This omission resulted in Trembly failing to report gross receipts of $1,110,982.77 and resulted in a reduction of business income of approximately $188,611 and a determined tax loss to the United States of approximately $50,507.
Additionally, Trembly filed a Form 1040 for the tax year 2007, which also failed to indicate Schedule C income and gross receipts on that tax return. That failure resulted in a reduction of business income of approximately $203,493.56 and a determined tax loss to the Unites States, of approximately $59,867.58.
“No matter what the source of income, all income is taxable,” said Karl Stiften, Special Agent in Charge of IRS Criminal Investigation. “The prosecution of individuals who intentionally conceal income and evade taxes is a vital element of the IRS' enforcement strategy.”
Additional information about the Tax Division and its enforcement efforts may be found at www.justice.gov/tax.
This case was investigated by the Internal Revenue Service.
Transient Man Sentenced for Failure to Register as Sex OffenderRead the Press Release
United States Attorney Deborah R. Gilg announced that Ozzie Scott., age 38, was sentenced by Chief United States District Court Judge Laurie Smith Camp for his conviction for failure to register as a sex offender. Scott was sentenced to 18 months of imprisonment to be followed by five years of supervised release.
Scott, a transient, was originally convicted of aggravated sexual assault of a child in Texas in 2003. In 2010, he was convicted in Texas of failure to register as a sex offender. In October of 2015, Scott came to Nebraska and began living with friends. However, he was subsequently kicked out of that residence and stayed at several different places in Omaha, but had no stable residence. During the time he was in Omaha, Scott failed to register as a sex offender with the Douglas County Sheriff’s Office.
This case was investigated by the United States Marshal’s Office.
Ravenna Man Sentenced to 11 Years for Receiving Child PornographyRead the Press Release
Jason Nielson, 23, of Ravenna, Nebraska, was sentenced in federal court in Lincoln for receiving child pornography. The Honorable John M. Gerrard, United States District Court Judge, sentenced Nielson to 11 years of imprisonment. There is no parole in the federal system. After his release from prison, Nielson will begin a 12-year term of supervised release.
After his release from the Nebraska Penitentiary, Nielson began a Facebook and texting relationship with a 14-year-old girl. The girl was known to him through an acquaintance. On February 8, 2015, Nielson sent the minor an inappropriate picture. The minor reciprocated by sending him a sexually explicit photo. He then asked for and received another.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Nebraska State Patrol.
Probation Technician Sentenced to PrisonRead the Press Release
United States Attorney Deborah R. Gilg announced that on December 7, 2016, Senior United States District Judge Richard G. Kopf sentenced Victor Ramirez, 25, of Lexington, Nebraska, to 18 months in federal prison for the felony offense of taking bribes to engage in certain actions connected with his state employment. Upon his release from prison, Ramirez will serve two years on supervised release.
Victor Ramirez was a drug technician for the Nebraska State Probation Office in Lexington, Nebraska. Between August 25, 2015, and December 16, 2015, he received approximately $2,000 - $2,400 from an offender who was on probation and being supervised by the Lexington state probation office. In return for the money Ramirez provided the offender with information, and falsified drug test results. The offender and Ramirez were life-long friends, and on several occasions Ramirez reported that the offender had passed a drug screening test when in fact no such test had been administered. On several other occasions Ramirez supplied information to the offender regarding whether other persons were the subject of state criminal investigations, and information pertaining to how other persons had posted bond to be released from jail.
This case was investigated by the Nebraska State Patrol and the Federal Bureau of Investigation.
North Platte Man Sentenced to 9 Years for Distributing Child PornographyRead the Press Release
William L. Jones, 31, of North Platte, Nebraska, was sentenced in federal court in Lincoln for conspiring to distribute child pornography. The Honorable Richard G. Kopf, Senior United States District Court Judge, sentenced Jones to 9 years of imprisonment. There is no parole in the federal system. After his release from prison, Jones will begin a ten-year term of supervised release.
Jones’s girlfriend, Rayanne Paulman, sent a number of sexually explicit images of prepubescent children over Facebook messenger to Jones. A search warrant was executed at their residence on December 11, 2015. Forensic analysis of the digital devices revealed six videos of child pornography. Some of these images had been distributed between Jones and Paulman. In addition to the images, text messages were exchanged. Those messages involved discussions about the child pornography and other messages discussed certain children known to the two of them that they could sexually abuse. Paulman was sentenced on October 13, 2016. She also received a sentence of 9 years and 10 years of supervised release.
This case was investigated by the North Platte Police Department.
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.
Nebraska City Man Sentenced for Possession of Child PornographyRead the Press Release
United States Attorney Deborah R. Gilg announced that Damian Thompson, 37, formerly of Cedar Creek, Nebraska., was sentenced today in Lincoln, Nebraska, to 70 months in prison by United States Senior District Judge Richard G. Kopf, for possession of child pornography. After his release from prison, Thompson will be required to register as a sex offender and serve a term of five years on supervised release.
In April, 2015, the Nebraska City Police Department executed a search warrant at a Nebraska City address. The search warrant was aimed at locating drugs and evidence of drug dealing at that address. During the execution of that search warrant various items were found on the property, including numerous computers and phones. An officer was attempting to shut off one particular computer and, as he did so, an image of child erotica refreshed on the screen. An initial review of the computer uncovered images and videos of child pornography.
In May, 2015, the investigators obtained another search warrant for the computer equipment found at the property, including the items found at the trailer Thompson advised that he resided in. The items were further examined by the Nebraska State Patrol and approximately 6,000 images and videos were found on the numerous devices, including images of prepubescent minors engaged in sexually explicit conduct. Additionally, evidence was found that Thompson accessed the internet to acquire images of child pornography found on the computer items.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Nebraska City Police Department and the Nebraska State Patrol.
Lincoln Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney, Deborah R. Gilg, announced that on November 30, 2016, John Michael Steven Brown, 34, of Lincoln, was sentenced to ten years and one month (121 months) in prison for his role in a conspiracy to distribute and possess with the intent to distribute 500 grams or more of a substance containing methamphetamine between July of 2013 and October of 2015. Information provided to law enforcement indicated that Brown was responsible for the distribution of at least 1.5 kilograms (approximately three pounds) of methamphetamine during that time-period. Brown was found in possession of a small amount of methamphetamine in September of 2015 and more than ¼ ounce of methamphetamine in October of 2015. On both occasions, he admitted to Lincoln Police officers that he was using and selling methamphetamine and said that he had several regular customers. Following the prison term, Brown will serve five years on supervised release.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
Lincoln Man Sentenced for Receiving Child PornographyRead the Press Release
United States Attorney Deborah R. Gilg announced that Dean L. Baldwin, 38, of Lincoln, Nebraska, was sentenced today in Lincoln, Nebraska, to 68 months in prison by United States District Judge John M. Gerrard, for receipt of child pornography. After serving his prison sentence Baldwin will be required to register as a sex offender and complete 5 years of supervised release.
In October, 2015, the Lincoln Police Department was investigating computers sharing child pornography files via the internet. On that date, investigators identified an IP address as having files available for sharing. Investigators were able to download files from a computer at the identified IP address on that date as well as three other dates. A subpoena was served on Time Warner/Roadrunner regarding the IP address and identified that the IP address was registered to Baldwin at his home address.
In February, 2016, investigators executed a search warrant at Baldwin’s residence. During the execution of the search warrant, investigators located a laptop computer in the basement utility room, along with two additional laptops and a desktop computer. Investigators previewed the laptop located in the utility room and located files depicting sexually explicit conduct involving children under the age of 18 years old and additional files indicating use by defendant. A later forensic investigation revealed 20 videos and approximately 100 images of child porn in a download file, including videos and images of prepubescent minors engaged in sexually explicit conduct.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Lincoln Police Department.
Grand Island Man Sentenced to Prison for Drug TraffickingRead the Press Release
United States Attorney Deborah R. Gilg announced that on November 18, 2016, the Honorable John M. Gerrard, U.S. District Court Judge, sentenced Aaron C. Kreifels to 30 months imprisonment, to be followed by 3 years of supervised release, and he was ordered to pay a total of $300 in special assessments, following his convictions for possession with intent to distribute marijuana, possession with intent to distribute psilocybin mushrooms, and felon in possession of a firearm. Defendant also agreed to forfeit $18,880 in United States currency as proceeds of drug trafficking.
On July 8, 2015 a search warrant was executed on Kreifels’ home. The resulting search uncovered distribution quantities of marijuana and psilocybin mushrooms, a 9 mm handgun, and $18,880 in United States currency.
Kreifels was arrested in Grand Island, Nebraska on July 9, 2015, and brought to Lincoln, Nebraska for prosecution. Kreifels pled guilty on August 25, 2016.
The FBI and the Central Nebraska Drug and Safe Streets Task Force were responsible for the investigation of this case.
Lincoln Man Sentenced for Misprision of a FelonyRead the Press Release
United States Attorney, Deborah R. Gilg, announced that on November 18, 2016, Cody M. Lacefield, 22, of Lincoln, was sentenced to three years on probation for misprision of a felony. The three-year probation term includes 90 days of home confinement. Lacefield was also ordered to pay a $100 special assessment.
The charge arose from an investigation into photos posted to Facebook by three friends/associates of Lacefield, in which the friends or associates were holding firearms belonging to Lacefield. All three of these persons were marijuana users, making it unlawful for them to possess firearms. When Lacefield was contacted by Lincoln Police Department officers, he admitted that one friend had handled his firearms but said he did not know the friend was prohibited from possessing a firearm. At that time, Lacefield failed to notify the officers that two other marijuana-using associates had also had Lacefield’s firearms in their possession.
This case was investigated by the Lincoln Police Department.
November Grand JuryRead the Press Release
United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 20 indictments charging 25 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.
* Aurelio Alcaraz-Santana, age 18, is charged with possession with intent to distribute 500 grams or more of a mixture of methamphetamine on or about November 4, 2016. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a 5 year term of supervised release, and a $100 special assessment.
* Fulgencio Betancourt-Labra, age 30, is charged with illegal reentry after deportation following a felony conviction on or about October 31, 2016. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Erfren Garcia-Guzman, age 33; Samantha Moore, age 32; and Danielle Barclay, age 39 are charged in a four-count Indictment. Count I of the Indictment charges Garcia-Guzman, Moore and Barclay with conspiracy to distribute and possess with intent to distribute a mixture of methamphetamine beginning on or about July 26, 2016, and continuing to on or about November 3, 2016. The maximum possible penalty if convicted is 20 years imprisonment, a $1,000,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges Garcia-Guzman and Moore with distribution of a mixture of methamphetamine on or about August 17, 2016. The maximum possible penalty if convicted is 20 years imprisonment, a $1,000,000 fine, a 3 year term of supervised release and a $100 special assessment. Count III of the Indictment charges Barclay with distribution of a mixture of methamphetamine on or about November 3, 2016. The maximum possible penalty if convicted is 20 years imprisonment, a $1,000,000 fine, a 3 year term of supervised release and a $100 special assessment. Count IV of the Indictment charges Garcia-Guzman, Moore and Barclay with possession with intent to distribute a mixture of methamphetamine on or about November 3, 2016. The maximum possible penalty if convicted is 20 years imprisonment, a $1,000,000 fine, a 3 year term of supervised release and a $100 special assessment.
* MaryLou Gruttemeyer and Lafi Jafari are charged in an eight-count Indictment. Count I of the Indictment charges the defendants with conspiracy to commit bribery of the United States Department of Housing and Urban Development from on or about February 24, 2012, through on or about February 11, 2015. 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. Counts II – VII of the Indictment charge Gruttemeyer and Jafari on various dates with paying a bribe to an agent of the Omaha Housing Authority, an organizing receiving federal funds. 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 for each count. Count VIII of the Indictment charges Jafari with making false statements to special agents of the Housing and Urban Development Office of Inspector General on or about April 16, 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
* Abel Guerrero Diaz, age 17, of Lincoln, is charged with illegal reentry after deportation on or about October 11, 2016. 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.
* Jesus Jimenez Soto, age 36, of Omaha, is charged with illegal reentry after deportation following an aggravated felony conviction on or about October 20, 2016. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Paul Jipp, age 57, of Blair, Nebraska is charged in a three-count Indictment. Count 1 of the Indictment charges the defendant with user in possession of a firearm on or about October 31, 2016. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges Jipp with possession of an unregistered firearm on or about October 31, 2016. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment. Count III of the Indictment charges the defendant with possession unregistered silencers on or about October 31, 2016. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment.
* Coby Johnson, age 19, of Fayetteville, North Carolina, is charged with interstate communications with intent to extort on or about October 25, 2016. 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.
* Julio Cesar Lopez Gutierrez, age 32, is charged with false representation of a Social Security Number on or about during and between January 1, 2014, and April 30, 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.
* William Mejia-Rentas, age 45, of Omaha, is charged with illegal reentry after deportation following a felony conviction on or about October 20, 2016. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Julian Mix-Perez, age 26; Alisha Trevino, age 26; and Carlos Vidal-Mix, age 20 are charged in a six-count Indictment. Count I of the Indictment charges Mix-Perez, Trevino and Vidal-Mix with conspiracy to distribute and possess with intent to distribute 500 grams or more of a mixture of methamphetamine between in or about May 2016 and on or about October 17, 2016. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a 5 year term of supervised release, and a $100 special assessment. Count II of the Indictment charge Mix-Perez and Vidal-Mix with possession with intent to distribute 500 grams or more of a mixture of methamphetamine on or about October 17, 2016. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a 5 year term of supervised release and a $100 special assessment. Count III, IV and V of the Indictment charge Trevino with distribution and possession with intent to distribute 50 grams or more of a mixture of methamphetamine on or about July 21, August 31, and October 7, 2016. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release and a $100 special assessment for each count. Count VI of the Indictment charges Vidal-Mix with illegal reentry after deportation on or about October 18, 2016. 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.
* Emigdio Molina, age 49, of Omaha, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with conspiracy to distribute and possess with intent to distribute 500 grams or more of a mixture of methamphetamine beginning on or about January 1, 2009, and continuing to on or about November 1, 2016. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a 5 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges Molina with possession with intent to distribute 50 grams or more of a mixture of methamphetamine on or about November 1, 2016. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release and a $100 special assessment.
* Byron Perez Lopez, age 24, of Omaha, is charged with illegal reentry after deportation on or about October 6, 2016. 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.
* Walter Perez-Cruz, age 37, of Grand Island, is charged with illegal reentry after deportation following a felony conviction on or about October 21, 2016. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Luis Miguel Rodriguez Vasquez, a/k/a Luis Miguel Rodriguez Vazquez, age 34 of Lincoln, is charged with illegal reentry after deportation on or about August 30, 2016. 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.
* Jaeon T. Rogers, age 35, is charged in a two-count Indictment. Count 1 of the Indictment charges the defendant with possession with intent to distribute methamphetamine on or about September 26, 2016. The maximum possible penalty if convicted is 20 years imprisonment, a $1,000,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges Rogers with use of a firearm during and in relation to a drug trafficking crime on or about September 26, 2016. The maximum possible penalty if convicted is life imprisonment, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment.
* Aurelio Romero-Oregon, age 25, of Omaha, is charged with felon in possession of ammunition on or about October 1, 2016. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Juan Manuel Simental-Lopez, a/k/a Manual Encee, a/k/a Juan Manuel Encee, age 44 is charged in a two-count Indictment. Count 1 of the Indictment charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine on or about June 20, 2016. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a 5 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges Simental-Lopez with felon in possession of a firearm on or about June 20, 2016. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment.
* Bernabe Tercero-Lopez, age 40, of Crete, Nebraska, is charged with illegal reentry after deportation on or about November 2, 2016. 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.
* Charmion S. Yellowcloud, age 27, of Niobrara, Nebraska, is charged with tampering with a witness on or about October 17, 2016. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
Former Kearney Probation Officer Sentenced to Prison for Civil Rights ViolationsRead the Press Release
United States Attorney Deborah R. Gilg announced that Thomas Peterson, age 57 of Kearney, Nebraska, was sentenced by the Honorable Richard G. Kopf, Senior United States District Judge, to nine years in prison to be followed by 5 years of supervised release following his conviction on four counts of violating the civil rights of female probationers under his supervision and one count of lying to the FBI when he submitted to an interview about the matter. Peterson was convicted in July by a federal jury sitting in Lincoln, Nebraska. The sentence imposed was the maximum the court could impose. Peterson was ordered to self-surrender at the facility designated by the Bureau of Prisons no later than January 9, 2017.
Evidence introduced at trial established that Peterson was a state probation officer with the District 9 probation office in Kearney. He supervised a caseload made up of offenders in need of intensive supervision. The jury heard evidence that from approximately 2010 through January of 2014, Mr. Peterson subjected four female probationers to unsolicited and non-consensual sexual contact. The jury also heard from three other women who had been supervised by Mr. Peterson who reported sexually charged advances or comments from Mr. Peterson which did not progress to the level of sexual contact. The jury found that Peterson had violated the civil rights of the four probationers by intruding into their constitutional rights to bodily integrity.
This matter was investigated by the Federal Bureau of Investigation.
Stromsburg Man Sentenced for Child EnticementRead the Press Release
United States Attorney Deborah R. Gilg announced that on November 7, 2016, William H. Rich, 47, of Stromsburg, Nebraska, was sentenced for the crime of Using a Facility and Means of Interstate Commerce to Attempt to Persuade, Induce, and Entice a Minor to Engage in Sexual Activity. The Honorable Laurie Smith Camp, Chief United States District Court Judge, sentenced Rich to a 168-month term of imprisonment. There is no parole in the federal system. After his release from prison, Rich will begin a term of supervised release of 10 years.
In December, 2015, law enforcement, acting in an undercover capacity, received text communications from Rich in which he solicited a minor girl for sexual activity. Rich was subsequently arrested after traveling from Stromsburg, Nebraska to a hotel in La Vista, Nebraska, to drop off a phone for whom he believed to be the minor girl.
This case was investigated by the Federal Bureau of Investigation and La Vista Police Department.
Omaha Woman Sentenced for Wrongfully Obtaining Health InformationRead the Press Release
On October 31, 2016, Carrie Case, age 42, was sentenced by Honorable Chief District Court Judge Laurie Smith Camp following her conviction for wrongfully obtaining individually identifiable health information. Chief Judge Smith Camp sentenced Case to three years of probation.
During the period February 8, 2015 through April 8, 2015, Case, working as a clerk in a physicians’ clinic in Omaha and on four occasions she unlawfully accessed and obtained electronic and hard copy medical records of an individual that was maintained within the UNMC and CHIH health systems here in Omaha. Case accessed and obtained these patient records and then provided them to a third party for no legitimate reason and without the permission or consent of the individual whose records were accessed.
This case was investigated by the Federal Bureau of Investigation.
Omaha Man Sentenced to Federal Prison for Illegally Possessing a FirearmRead the Press Release
United States Attorney Deborah R. Gilg announced that Aaron Craddock, age 30 of Omaha, Nebraska, was sentenced today by the Honorable Laurie Smith Camp, to three years, one month imprisonment following his conviction for being a felon in possession of a firearm. Craddock had previously pleaded guilty to the charge. Upon completion of his imprisonment, he will be on three years of supervised release.
On December 2, 2015, at approximately 9:21 p.m., officers of the Omaha Police Department stopped a car for turning into a driveway on J.A. Creighton Boulevard without using a turn signal. Craddock was the lone occupant. A drug dog alerted on the car. Officers searched the car and found 10 pounds of marijuana. The officers got a search warrant for Craddock’s residence and found a Taurus .40 caliber handgun in his bedroom. He has a prior felony conviction and as a result is prohibited from possessing firearms.
The case was investigated by the Omaha Police Department.
Press Release by United States Attorney Relating to November 2016 ElectionsRead the Press Release
United States Attorney Deborah R. Gilg announced today that Assistant United States Attorney (AUSA) Laurie Kelly will lead the efforts of her Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2016, general elections. 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 Justice Department Headquarters in Washington.
United States Attorney Gilg said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. I have every confidence in the integrity of our election process in Nebraska. 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.
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 8, 2016, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Gilg stated that AUSA/DEO Kelly will be on duty in this District while the polls are open. She 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, DC 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.
United States Attorney Gilg 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.”
October Grand JuryRead the Press Release
United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 13 indictments charging 14 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Miguel Contreras-Mariscal , age 39, of Hastings, Nebraska, is charged with illegal reentry after deportation on or about October 6, 2016. 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.
* Ronald Frazier, age 35, of Winnebago, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with assault of an Intimate Partner and Dating Partner by attempted strangulation and suffocation on or about the July 6, 2016. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges Frazier with Domestic Assault by a Habitual Offender on or about July 6, 2016. 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.
* John M. Hall, age 30, is charged in a two-count Indictment. Count I of the Indictment charges Hall with conspiracy to distribute and possess with intent to distribute 500 grams or more of a mixture containing methamphetamine between on or about May 2015 and June 2016. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a 5 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges the defendant with felon in possession of ammunition on or about June 3, 2016. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment.
* Michael Halstead, age 51, of Gretna, Nebraska, is charged with receiving and attempting to receive child pornography from on or about May, 2016, and continuing to on or about June 4, 2016. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, supervised release for life, and a $100 special assessment.
* Mario Jimenez-Rivera, age 29, of Lexington, Nebraska, is charged with illegal reentry after deportation after a felony conviction on or about September 21, 2016. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Arbelio Lopez-Cabrera, age 25, of York, Nebraska, is charged with illegal reentry after deportation on or about September 11, 2016. 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.
* Oscar Mayorga is charged in a five-count Indictment. Counts I, II and IV of the Indictment charge Mayorga with distribution of 50 grams or more of methamphetamine on or about January 4, February 4, and February 25, 2016. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a 5 year term of supervised release, and a $100 special assessment for each count. Count III of the Indictment charges the defendant with carrying and use of a firearm during and in relation to a drug trafficking crime on or about February 4, 2016. The maximum possible penalty if convicted is 5 years to life imprisonment consecutive, a $250,000 fine, a 5 year term of supervised release and a $100 special assessment. Count V of the Indictment charges Mayorga with distribution of methamphetamine on or about March 23, 2016. The maximum possible penalty if convicted is 20 years imprisonment, a $1,000,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Anthony McQuinn, age 31, of Omaha is charged in a two-count Indictment. Count I of the Indictment charges McQuinn with conspiracy to distribute and possess with intent to distribute a mixture containing methamphetamine beginning on or about January 31, 2016, and continuing to on or about February 13, 2016. The maximum possible penalty if convicted is 20 years imprisonment, a $1,000,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges the defendant with possession with intent to distribute a mixture containing methamphetamine on or about February 13, 2016. The maximum possible penalty if convicted is 20 years imprisonment, a $1,000,000 fine, a 3 year term of supervised release and a $100 special assessment.
* Jose L. Morales-Flores, age 23, of Omaha, is charged with illegal reentry after deportation on or about October 14, 2016. 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 Nicolas-Francisco, a/k/a Mario F. Gaspar, age 40, of Omaha, is charged with illegal reentry after deportation after a felony conviction on or about February 11, 2016. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Carlos Ramos, a/k/a Mateo Bautista, a/k/a Angel Rodriguez Velasquez, age 27, of Omaha, is charged with illegal reentry after deportation after a felony conviction on or about September 29, 2016. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Monica Martinez Vera, age 34, of Compton, California and Lizbeth Vizcarra, age 23, of Hemet, California, are charged in a two-count Indictment. Count I of the Indictment charges Vera with possession with intent to distribute 100 grams or more of a mixture containing heroin on or about September 12, 2016. The maximum possible penalty if convicted is 40 years imprisonment, a $1,000,000 fine, a 4 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges Vizcarra with misprision of a felony on or about September 12, 2016. The maximum possible penalty if convicted is 3 years imprisonment, a $250,000 fine, a 1 year term of supervised release and a $100 special assessment.
* Scott Wellensiek, age 43, of Dunbar, Nebraska, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with receipt of child pornography on or about September 23, 2016. The maximum possible penalty if convicted is 40 years imprisonment, a $250,000 fine, supervised release for life, a $100 special assessment, and $5,000 restitution. Count II of the Indictment charges Wellensiek with access with intent to view child pornography from on or about August 7, 2016, and continuing to on or about September 5, 2016. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, supervised release for life, a $100 special assessment, and $5,000 restitution.
Kearney Man Sentenced to 11 months Incarceration for Selling Misbranded Drugs over the InternetRead the Press Release
United States Attorney Deborah R. Gilg announced that Paul D. Martin, 46, of Kearney, Nebraska, was sentenced on October 17, 2016, to 11 months incarceration by United States District Judge Laurie Smith Camp, for selling misbranded products containing ingredients that increased the risk of cancer. Martin was indicted after FDA Investigators learned that he continued selling foreign products with banned ingredients after being warned that doing so was illegal. The sales occurred over the Internet and through the US mail. Martin pled to one count each of Delivery of Misbranded Drugs, Mail Fraud, and Wire Fraud.
“Selling purported dietary supplements drugs that contain undeclared drug ingredients places the public’s health at risk,” said Acting Special Agent in Charge Spencer E. Morrison, FDA Office of Criminal Investigations’ Kansas City Field Office. “Our office will continue to target our resources to ensure that medicines for U.S. consumers are safe, effective, and properly labeled.”
After serving his 11 month sentence, Martin will be required to serve a Term of Supervised Release of 2 years.
This case was the result of an investigation by the Department of Health and Human Service, Food and Drug Administration.
Hershey Woman Sentenced to 9 Years for Distributing Child PornographyRead the Press Release
Rayanne Paulman, 35, of Hershey, Nebraska, was sentenced in federal court in Lincoln for conspiring to distribute child pornography. The Honorable Richard G. Kopf, Senior United States District Court Judge, sentenced Paulman to 9 years of imprisonment. There is no parole in the federal system. After her release from prison, Paulman will begin a ten-year term of supervised release.
Paulman sent a number of sexually explicit images of prepubescent children over Facebook Messenger. A search warrant was executed at her residence on December 11, 2015. Forensic analysis of her digital devices revealed 6 videos of child pornography. Paulman distributed some of these images with her boyfriend. In addition to the images, text messages were recovered. Those messages involved discussions about the child pornography exchanged between Paulman and her boyfriend. Other messages discussed certain children known to the two of them that they could sexually abuse.
This case was investigated by the North Platte Police Department.
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.
Former Nebraska Woman Sentenced in Social Security FraudRead the Press Release
United States Attorney Deborah R. Gilg announced that on October 13, 2016, United States District Judge John M. Gerrard sentenced Susan Hacker to eight months’ imprisonment, three years of supervised release and ordered her to pay $52,025.82 in restitution following her conviction for Social Security Fraud.
Hacker is the sister of a man who was eligible to receive social security disability payments since 1971. The defendant was the representative payee for her brother’s SSA disability payments. As the representative payee, the defendant had the obligation to receive the payments and use them solely for the benefit of her brother.
Investigation by the Social Security Administration found that Hacker, was using much of the money from her brother’s bank account for her own benefit. More specifically, between December 2001 and January 2013 she used a total of $52,025.82 from her brother’s bank account for her own benefit. State and federal investigation and prosecution authorities have determined that $26,692.48 of the money used was from her brother’s earnings from odd jobs, and $25,333.34 was from the Social Security disability payments.
This case was investigated by the Social Security Administration – Office of Inspector General.
Beatrice Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney, Deborah R. Gilg, announced that on October 13, 2016, Quirstin Marie Gross, 25, of Beatrice, was sentenced to nine years and two months (110 months) in prison for her role in a conspiracy to distribute and possess with the intent to distribute 50 grams or more of a substance containing methamphetamine between December of 2013 and October of 2015. Information provided to law enforcement indicated that Gross was responsible for the distribution of at least 500 grams (approximately 18 ounces) of methamphetamine during that time-period. Following the prison term, Gross will serve four years on supervised release.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
Winnebago Men Convicted of Assault with a Dangerous Weapon and Use of a Firearm During a Crime of ViolenceRead the Press Release
United States Attorney, Deborah Gilg, and the Federal Bureau of Investigation announced the following information for the attention of the media:
A federal jury has found Anthony Whitewater, 24, and Marcus Blackhawk, 27, guilty of assault with a dangerous weapon and use of a firearm during a crime of violence. Whitewater was also convicted of being a felon in possession of a firearm.
In the early morning hours of May 2, 2016, Whitewater and Blackhawk, both enrolled members of the Winnebago Tribe of Nebraska, attended a party at the residence of another enrolled member in Winnebago, Nebraska. While at the party, Whitewater became involved in a conflict with an enrolled member of the Omaha Nation Indian Tribe. The conflict resulted in Whitewater being punched in the face and receiving a bloody nose. Whitewater was kicked out of the party and vowed to return. Believing that the person with whom he had had the conflict was traveling in the vehicle of other Omaha Nation Tribe members, Whitewater, while being driven in a vehicle operated by his brother, Marcus Blackhawk, began a high speed chase of the other vehicle while shooting at that other vehicle. The fleeing vehicle was hit by Whitewater seven times. Fortunately, neither of the occupants of the fleeing vehicle were hit.
Whitewater was prohibited from possessing firearms as a consequence of prior felony convictions. Judge Laurie Smith Camp set sentencing for January 23, 2017.
Whitewater and Blackhawk are both subject to sentencing of up to 10 years on the assault charge to be followed by not less than 10 years consecutive on the use of a firearm during a crime of violence. Whitewater is also subject to 10 years on his felon in possession conviction.
This case was investigated by the Federal Bureau of Investigation.
Illegal Alien Sentenced to 15 Months in Prison for Possessing a FirearmRead the Press Release
United States Attorney Deborah R. Gilg announced that David Arriaga, age 23 of Omaha, Nebraska, was sentenced on October 7, 2016, by the Honorable Joseph F. Bataillon. After a trial in July, Judge Bataillon found Arriaga guilty of being an illegal alien in possession of a firearm. Arriaga was sentenced to 15 months’ imprisonment to be followed by two years of supervised release when his incarceration ends, if he isn’t deported.
On October 13, 2015, at approximately 1:38 in the morning, officers of the Omaha Police Department were in the area of 21st and I Streets when they heard three to four gunshots. They were able to see the shots had come from a nearby vehicle. The officers conducted a traffic stop of the vehicle and had the three occupants get out of the car. Arriaga was a backseat passenger. In the car the officers found a Mossberg 12-gauge shotgun in the back seat and three spent shells loose in the car. Arriaga admitted to having fired the gun. Arriaga is in the United States illegally and that status prevents him from legally possessing a firearm.
The case was investigated by the Omaha Police Department, the Department of Homeland Security and the Bureau of Alcohol, Tobacco & Firearms.
Lincoln Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney, Deborah R. Gilg, announced that on September 30, 2016, Zachary A. Olson, 27, of Lincoln, was sentenced to nine years and two months (110 months) in prison for his involvement in a conspiracy to distribute and possess with intent to distribute 500 grams or more of a substance containing methamphetamine between October of 2014 and October of 2015. Following the prison term, Olson will serve five years on supervised release.
Information obtained by law enforcement indicated that Olson was responsible for the distribution of at least 1.5 kilograms (three pounds) of methamphetamine in the Lincoln area. On October 27, 2015, Lincoln Police contacted Olson and other persons at a Lincoln hotel where at least 35 grams of pure methamphetamine were found. Olson admitted to officers that he had been using and selling methamphetamine for two months.
Olson is currently serving a state sentence of three to five years from Lancaster County District Court for possession with intent to distribute hydrocodone pills. That sentence resulted from a related incident in January of 2015 in which Olson and other persons were contacted at a Lincoln motel and found to be distributing drugs. One of Olson’s associates was found in possession of 49 grams of methamphetamine at that time. Olson’s federal sentence will run concurrent with (at the same time as) the remainder of his state sentence.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
Springfield Man Sentenced for Possession of Child PornographyRead the Press Release
United States Attorney Deborah R. Gilg announced that Jeffery Robinson, 40, of Springfield, Nebraska, was sentenced on September 22, 2016, in Lincoln, Nebraska, to 6 years in prison by Senior United States District Judge Richard G. Kopf, for possession of child pornography. After serving his prison term, Robinson will be on supervised release for 5 years and must register as a sex offender.
On March 3, 2015, while reviewing data for Peer-to-Peer investigations, an Investigator with the Nebraska Attorney General’s Office observed an IP address making known child pornography files available for sharing. On March 25, 2015, the Investigator’s computer made a direct connection with this same IP address and downloaded several digital files. The Investigator viewed these files and found that one video file depicted a minor engaged in sexually explicit conduct. Further investigation determined the physical location of the internet service to be in Springfield, Sarpy County, Nebraska, and the subscriber as Jeffery Robinson.
On May 4, 2015, a search warrant was executed at Robinson’s home. Investigators performed an on-scene preview of one of Robinson’s computers. The examination revealed multiple child pornography images and videos, and the IP address matched-up with what the Investigator had earlier observed through his online investigation. Seized from the location were two (2) computers, two (2) flash drives, one (1) SanDisk micro SD card, two external (2) hard drives, twenty-one (21) CD/DVDs, and one (1) Kindle Fire. A forensic examination was completed on the seized computer equipment. More than 31,000 “files of interest” related to past child pornography investigations were found on the computer equipment, including files which depicted minors engaged in sexually explicit conduct, including prepubescent minors or minors who had not attained 12 years of age.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Nebraska Attorney General’s Office.
September Grand JuryRead the Press Release
United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 11 indictments charging 15 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.
* Jesus Bueno-Hernandez, a/k/a Picho, a/k/a Jesus Bueno-Sicairo, age 39, of Grand Island; Alejandro Heras-Real, a/k/a Baboso, age 26; and Karla Marrufo, age 24, of Grand Island are charged in a 7-count Indictment. Count I of the Indictment charges Heras-Real with distribution of 50 grams or more of a mixture containing methamphetamine on or about July 25, 2016. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges Bueno-Hernandez and Heras-Real with distribution of 50 grams of more of a mixture of methamphetamine on or about August 3, 2016. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release and a $100 special assessment. Count III of the Indictment charges Bueno-Hernandez with distribution of 50 grams or more of a mixture of methamphetamine on or about August 11, 2016. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release and a $100 special assessment. Count IV of the Indictment charges Marrufo with distribution of a mixture of methamphetamine on or about August 11, 2016. The maximum possibility penalty if convicted is 20 years imprisonment, a $1,000,000 fine, a 3 year term of supervised release and a $100 special assessment. Counts V and VI of the Indictment charge Bueno-Hernandez with possession with intent to distribute 500 grams or more of a mixture of methamphetamine on or about August 18, 2016. The maximum possibility penalty if convicted is Life imprisonment, a $10,000,000 fine, a 5 year term of supervised release and a $100 special assessment. Count VII of the Indictment charges Marrufo with possession with intent to distribute a mixture of methamphetamine on or about August 18, 2016. The maximum possibility penalty if convicted is 20 years imprisonment, a $1,000,000 fine, a 3 year term of supervised release and a $100 special assessment.
* Timothy Caruso, a/k/a Timothy Edwards, age 40, of Omaha, is charged with failure to register as a sex offender. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, supervised release for life, and a $100 special assessment.
* Moises Figueroa Garcia, age 39, of Council Bluffs and Jose Arreola-Saucedo, age 30, of Compton, California are charged in a 6-count Indictment. Count I of the Indictment charges Garcia and Arreola-Saucedo with conspiracy to distribute and possess with intent to distribute 500 grams or more of a mixture containing methamphetamine beginning on or about February 4, 2016, and continuing to on or about April 22, 2016. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a 5 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges Arreola-Saucedo with possession with intent to distribution 500 grams or more of a mixture of methamphetamine on or about April 22, 2016. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a 5 year term of supervised release and a $100 special assessment. Count III of the Indictment charges Arreola-Saucedo with possession with intent to distribute 100 grams or more of mixture containing heroin on or about April 22, 2016. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release and a $100 special assessment. Count IV of the Indictment charges Garcia with attempted possession with intent to distribute 500 grams or more of a mixture containing methamphetamine on or about April 22, 2016. The maximum possibility penalty if convicted is life imprisonment, a $10,000,000 fine, a 5 year term of supervised release and a $100 special assessment. Count V of the Indictment charges Garcia with attempted possession with intent to distribute 100 grams or more of a mixture containing heroin on or about April 22, 2016. The maximum possibility penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release and a $100 special assessment. Count VI of the Indictment charges Garcia with illegal reentry after deportation on or about April 22, 2016. The maximum possibility penalty if convicted is 2 years imprisonment, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment.
* Aaron Garcia, age 26, of Elgrove, Illinois, is charged with possession with intent to distribute 500 grams or more of a mixture of methamphetamine on or about July 12, 2016. The maximum possibility penalty if convicted is life imprisonment, a $10,000,000 fine, a 5 year term of supervised release and a $100 special assessment.
* Gabino Huerta-Navarrete, age 51, of Carter Lake, Iowa, is charged with illegal reentry after deportation after a felony conviction on or about September 7, 2016. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Aaron Jensen, age 29, of Sioux City, Iowa, is charged with Domestic Assault by Habitual Offender in Indian County on or about September 1, 2016. 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.
* Marco Jimenez Fernandez, age 31, and Margarita Robles-Aguirre, age 40 are charged with possession with intent to distribute a mixture containing cocaine on or about June 1, 2016. The maximum possibility penalty if convicted is 20 years imprisonment, a $1,000,000 fine, a 3 year term of supervised release and a $100 special assessment.
* Jill Little, age 43, of Omaha is charged in a four-count Indictment. Counts I-IV of the Indictment charge Little with distribution of a mixture containing methamphetamine on or about March 28, 2016, on or about April 15, 2016, on or about April 28, 2016 and on or about May 23, 2016. The maximum possibility penalty if convicted is 20 years imprisonment, a $1,000,000 fine, a 3 year term of supervised release and a $100 special assessment for each count.
* Deyvi Eden Martinez Yos, age 23, of Lincoln, is charged with illegal reentry after deportation on or about September 1, 2016. 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.
* German Omar Palma Elvir, age 48, of Omaha, is charged with illegal reentry after deportation after 3 or more misdemeanor convictions on or about January 27, 2016. The maximum possible penalty if convicted is10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* John H. Todd, age 64, is charged with influencing a federal official by threat on or about August 4, 2016. The maximum possible penalty if convicted is10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
Papillion Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney, Deborah R. Gilg, announced that on September 22, 2016, Casey Eugene Knudsen, 22, of Papillion, was sentenced to 10 years (120 months) in prison for his involvement in a conspiracy to distribute and possess with intent to distribute 500 grams or more of a substance containing methamphetamine between July of 2014 and January of 2016. Following the prison term, Knudsen will serve five years on supervised release.
Information obtained by law enforcement indicated that Knudsen was responsible for the distribution of at least 5 kilograms (11 pounds) of methamphetamine in the Lincoln and Omaha areas. On January 5, 2016, Omaha Police officers executed a search warrant at an Omaha business, owned in part by Knudsen, and found approximately 17 grams of methamphetamine, items commonly used in drug distribution, and several firearms.
This case was investigated by the Lincoln/Lancaster County Drug Task Force, the Omaha Police Department and the Sarpy County Sheriff’s Department.
Current and Former Omaha Tribal Council Members and Employees IndictedRead the Press Release
United States Attorney Deborah R. Gilg announced today that the federal grand jury has returned a twenty count indictment charging nine people with various offenses. Eight are current or former members of the Omaha Tribal Council and one is a current employee of the tribe. Jessica Webster-Valentino (age 46), Barbara Freemont (age 64), Amen Sheridan (age 55), Rodney Morris (age 62), Doran Morris, Jr. (age 45), Forrest Aldrich (age 66), Mitchell Parker (age 68), Tillie Aldrich (age 47), and Jeff Miller (age 52) were each charged with conspiracy, conversion and misapplication of funds from a program receiving Federal funds, and conversion and misapplication of funds of a health care benefit program. An arraignment date for each of the defendants will be set by the Clerk of the District Court, but the hearings are anticipated to be in late October.
A conspiracy conviction is punishable by up to five years of imprisonment and/or a $250,000 fine. A conviction for conversion or misapplication of funds from a program receiving Federal funds is punishable by up to ten years of imprisonment and /or a $250,000 fine. A conviction for conversion or misapplication of funds of a health care benefit program is punishable by up to ten years of imprisonment and/or a $250,000 fine.
According to the Indictment, 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 $388,792.44 by causing the issuance of 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. The indictment alleges that Jessica Webster-Valentino and Barbara Freemont each received bonuses of $89,692.92, while Amen Sheridan, Rodney Morris, Doran Morris, Jr., Forrest Aldrich, Mitchell Parker, Tillie Aldrich, and Jeff Miller, as tribal council members, each received bonuses of $13,404.44.
Webster-Valentino and Freemont are charged with conspiring together to obtain money to which they were not entitled. The Indictment alleges Webster-Valentino and Freemont: (a) directly and indirectly misrepresented the level of their involvement in the preparation of the claims submitted to IHS for unpaid contract support costs; (b) made a proposal to the tribal council for authorization of unreasonable bonus or incentive payments in the amount of $89,362.92 to be paid to each of them and which proposal also included unreasonable bonus amounts to be paid to members of the tribal council in order to induce the council to approve the proposal; (c) caused checks to be prepared and issued in-house from the Carl T. Curtis Health Education Center account without going through the normal review and issuance procedure the Omaha Tribe had established with the accounting firm of Bland& Associates; and (d) caused or allowed checks to be distributed and cashed prior to tribal council approval being obtained for the aforesaid bonus or incentive proposal. The Indictment further alleges that Webster-Valentino and Freemont exchanged emails discussing what bonus amounts to propose, and that in one such email Freemont suggested increasing the amounts to be paid to the tribal council members and indicated her belief that the tribal council would not complain about the payments to Webster-Valentino and Freemont if the tribal council members got a little more for themselves.
Amen Sheridan, Rodney Morris, Doran Morris, Jr., Forrest Aldrich, Mitchell Parker, Tillie Aldrich, and Jeff Miller are charged with conspiring together to obtain money to which they were not entitled. The Indictment alleges the payments to these defendants: (a) were not regular tribally approved salary payments; (b) were unreasonable in amount; (c) were unearned; (d) were not in compliance with the provisions of Omaha Tribe of Nebraska Resolution 09-19-A; (e) were prematurely paid; (f) were not related to the purposes for which funds were to be used pursuant to the IHS contract; and (g) were otherwise contrary to the provisions of OMB Circular A-87.
The Indictment further alleges that on November 5, 2012, the same date when the tribal council approved the bonuses described above, the tribal council passed a second motion to pay a bonus of $7,500 apiece to former tribal council members dating back to 1994 for their purported oversight of the Contract Disputes Act issue. This motion would have provided an additional payment of $7,500 to Amen Sheridan, Rodney Morris, Doran Morris, Jr., Forrest Aldrich, Mitchell Parker, Tillie Aldrich, and Jeff Miller as they were each members of past tribal council. However, the indictment alleges these amounts were not paid because Webster-Valentino refused to permit funds of the Carl T. Curtis Health Center to be used for this purpose.
In addition to the conspiracy charges, the Indictment charges each of the defendants in separate counts with substantive acts of: (a) converting or misapplying funds from a program receiving federal funds; and (b) converting and misapplying funds of a health care benefit program.
“These individuals used their elected positions to enrich themselves by betraying the trust of their peers. The FBI Omaha Division will remain steadfast in aggressively investigating those responsible for perpetrating schemes like this,” said Randall C. Thysse, Special Agent in Charge of the FBI’s Omaha Division.
This case was investigated by the Federal Bureau of Investigation and the Office of Inspector General for the Department of Health and Human Services.
Beatrice Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney, Deborah R. Gilg, announced that on September 21, 2016, Creston Lee Christlieb, 30, of Beatrice, was sentenced to 10 years and one month (121 months) in prison for his involvement in a conspiracy to distribute and possess with intent to distribute 500 grams or more of a substance containing methamphetamine between January of 2013 and September of 2015. Information obtained by law enforcement indicated that Christlieb was responsible for the distribution of at least 5 kilograms (11 pounds) of methamphetamine in the Lincoln and Beatrice areas.
Following the prison term, Christlieb will serve five years on supervised release.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
Lincoln Man Sentenced for Being a User/Addict in Possession of a FirearmRead the Press Release
United States Attorney, Deborah R. Gilg, announced that on September 14, 2016, Domonique A. Camacho, 23, of Lincoln, was sentenced to 15 months in prison for possessing firearms while being a user of and/or addicted to marijuana between December 26, 2015, and January 9, 2016. The charge arose from an investigation into photos posted to Facebook showing Camacho holding two handguns and an SKS rifle. Camacho was contacted by Lincoln Police officers. He said the guns belonged to friends, and he admitted holding the guns shown in the Facebook photos at a friend’s residence. Camacho also admitted he was a daily user of marijuana.
Camacho was arrested on the federal charge on February 22, 2016, and has been detained since that time. Following the completion of his prison term, Camacho will serve two years on supervised release.
This case was investigated by the Lincoln Police Department.
Former Fairbury Man Sentenced to 35 Years in Prison for Being Part of a Child Exploitation EnterpriseRead the Press Release
United States Attorney Deborah R. Gilg for the District of Nebraska and Barbara L. McQuade for the Eastern District of Michigan announced that Brandon L. Hennerberg, 31, formerly of Fairbury, Nebraska, was sentenced today to 35 years in federal prison for his participation in a child exploitation enterprise. Hennerberg was sentenced by U.S. Senior District Court Judge Richard G. Kopf in Lincoln, Nebraska. He was originally charged, along with five co-defendants, in the Eastern District of Michigan in a 28-count indictment with the crimes of child exploitation enterprise, numerous counts of conspiracy to produce child pornography, conspiracy to receive and access with intent to view child pornography, and aiding and abetting online enticement. On June 21, 2016, in Lincoln, Nebraska, Hennerberg pleaded guilty to one count of child exploitation enterprise, carrying a 20-year mandatory minimum sentence.
The investigation determined that from at least January of 2014 to February of 2016, Hennerberg was a member of a group of individuals that worked together online to entice minor females to produce child pornography. The group members created fraudulent social media accounts posing as teenagers. Using the assumed identities, group members searched social media websites and engaged minor females, specifically targeting 10 to 14 year-old girls, in conversation using internet chat and video applications. The group members worked together for hours and sometimes even days to deceive their victims and convince them to undress and engage in sexually explicit activity live on a webcamera, which the group members recorded.
The group members used an elaborate scheme to entice, coerce, and deceive their victims. Each group member had at least one role, although at times a group member would play more than one role or switch from one role to another. The “hunters” visited social media websites commonly used by minors to locate minors and bring them back to the other group members. The “talkers” were primarily responsible for conversing with the minors. They asked the minors to do “dares” which escalated into sexual activity. If a victim was suspicious of the group members or reluctant to engage in sexual activity, the “loopers” would then play a previously recorded video of a minor engaged in sexual activity, pretending to be that minor, in order to convince the victim to engage in the same type of activity. Meanwhile, the “watchers” in the group were in charge of ensuring that no suspected law enforcement members or unwanted persons were present.
The group victimized at least 100 minor girls, most of whom have yet to be identified. If you have any information to help identify victims of this online conspiracy, fill out the FBI’s confidential survey at fbi.gov/sextortion or contact the National Center for Missing and Exploited Children (NCMEC) at www.missingkids.com. A confidential email can also be sent to [email protected]. Or call 1-800-CALL-FBI FREE (225-5324).
Co-defendants Virgil Napier, Jr. and John Garrison entered guilty pleas in June and July respectively and are currently scheduled to be sentenced in October by U.S. District Court Judge Judith E. Levy in Ann Arbor, Michigan. Co-defendants Justin Fuller, Thomas Dougherty and Dantly Nicart cases are at various stages in the proceedings.
This case was investigated by the Federal Bureau of Investigation’s Southeast Michigan Trafficking and Exploitation Crimes Task Force and prosecuted by Assistant U.S. Attorneys April Russo and Sara Woodward.
Omaha Man Sentenced to Five Years in Prison for Possessing Child PornographyRead the Press Release
Ronald L. Worthington, Jr., 41, was sentenced today in federal court in Omaha, Nebraska, for possessing child pornography. The Honorable Joseph F. Bataillon imposed a sentence of 60 months. There is no parole in the federal system. After his release from prison, Worthington will begin a five-year term of supervised release and will be required to register as a sex offender.
On June 23, 2015, agents of Homeland Security Investigations spoke with Worthington about images uploaded to a child pornography website in 2013. Worthington admitted to accessing the image-sharing site and indicated that he had viewed child pornography the night before the agents came to his house. He consented to a search of his home. Agents recovered multiple CDs containing a total of 3 videos and 422 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 Homeland Security Investigations.
Texas Men Sentenced for Credit Card FraudRead the Press Release
United States Attorney Deboraha R. Gilg announced that Miguel Alfonso-Rodriguez, 37 years old, Jose Terra-Izquierdo, 22 years old, and Jasiel Gonzalez-Rodriguez, 21 years old, all originally from Cuba and now living in Amarillo, Texas, were each sentenced to 12 months and 1 day imprisonment on September 8, 2016, by the Honorable Senior United States District Court Judge Richard G. Kopf, in Lincoln, each having previously pled guilty to using counterfeit credit cards to obtain gift cards and merchandise from Walmart stores in Lincoln in July and August 2015. Additionally, they were ordered to pay restitution totaling $15,798.71, and they will each be on supervised release for three years following their release from prison.
All three were apprehended at a Lincoln Walmart store on August 6, 2015, while attempting to use counterfeit credit cards to obtain Walmart gift cards. They were found in possession of numerous cards and a device capable of re-encoding credit cards was found in their car. The investigation found that on July 23-25, 2015, Terra-Izquierdo and Alfonso-Rodriguez used 67 re-encoded cards on 134 occasions and obtained $7,859.35 in Walmart gift cards and merchandise. They returned to Lincoln August 5-6, 2015, with Gonzalez-Rodriguez, and used 184 re-encoded cards on 290 occasions and obtained $21,099.44 in Walmart gift cards and merchandise. Walmart was able to reverse some of the charges, resulting in the lower restitution amount.
The case was investigated by the Lincoln Police Department and the Federal Bureau of Investigation.
Former UNK Psychology Professor Sentenced for Possessing Child PornographyRead the Press Release
United States Attorney Deborah R. Gilg announced that Joseph J. Benz, 56, currently of Kearney, Nebraska, was sentenced on September 7, 2016, in Lincoln, Nebraska, to 5 years of probation by United States Senior District Judge Richard G. Kopf, for possession of child pornography. In addition to serving probation, Benz was ordered to pay $9,999.00 in restitution to the numerous victims whose abuse was documented in the child pornography and that law enforcement was able to identify. Benz will also be required to register as a sex offender for the remainder of his life.
In March of 2013, investigators with the Nebraska Attorney General’s Office became aware of a computer with a specific IP address that was identified as a potential download source of files containing child pornography. Through further investigation it was determined that the IP was assigned to Benz at his residence in Kearney, Nebraska. Between March and May of 2013, investigators were able to receive more than 6,000 child pornography files from Benz’s computer. Further investigation later determined that Benz had been downloading the child pornography since at least 2008.
A search warrant was obtained and executed at Benz’s residence and during the search, investigators observed a computer that was actively running and downloading child pornography. The items seized during the search warrant were forensically examined at the Attorney General's computer lab, and over 20,000 video and image files of child pornography were identified. Benz had also copied the child pornography to a number of external hard drives and flash drives.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Nebraska Attorney General’s Office.
Omaha Woman Sentenced in Health Care Fraud CaseRead the Press Release
United States Attorney Deborah R. Gilg announced that on September 2, 2016, United States District Judge John M. Gerrard sentenced Zenia Miller to one year and one day imprisonment, three years of supervised release and ordered her to pay $294,263.00 in restitution following her conviction for health care fraud.
Zenia Miller owned and operated Home Care Services, Inc. which provided Personal Assistance Services to Nebraska Medicaid recipients. Home Care Services, Inc. also had an agreement with the Nebraska Department of Health and Human Services to provide Chore Services to low income recipients.
Between at least February 2012 and September 2014, Miller routinely inflated or caused the inflation of monthly claims submitted to Nebraska Medicaid and DHHS for reimbursement. Hours were added so that each recipient appeared to have received the maximum number of hours of service authorized for them.
This case was investigated by the Federal Bureau of Investigation, the U.S. Department of Health and Human Services – Office of Inspector General and the Nebraska Medicaid Fraud and Patient Abuse Unit of the Nebraska Attorney General’s office.
Sex Offender Sentenced for Fraudulent StatementsRead the Press Release
United States Attorney Deborah R. Gilg announced that Robert Brooks Tipton, Jr., 38, formerly of Broken Bow, Nebraska, was sentenced today in Lincoln, Nebraska, to 2 years in prison by United States District Judge John M. Gerrard, for making false statements or representations to an agency of the United States. After his release from prison, Tipton will serve 3 years of supervised release and still be required to register as a sex offender.
On February 18, 2014, Tipton and his girlfriend applied for public housing through the Broken Bow Housing Authority (BBHA) in Broken Bow, Nebraska. Tipton was listed as another adult household member living in the assisted housing unit. On page 5 of the BBHA application, the question “Have you or anyone in your household ever been convicted of any crime other than traffic violations?” was presented The question was answered by checking “No.” In fact, defendant had been convicted of felony Sexual Assault of a Child in Garfield County, Colorado, on or about August 9, 2001, a fact which excluded him from obtaining public housing at BBHA. Defendant signed the BBHA application on February 18, 2014 below the statement “I do swear and attest that all of the information above about me is true and correct.” The BHHA administers a subsidized housing complex in Broken Bow, Nebraska, for the Department of Housing and Urban Development (HUD), an agency and department of the United States. HUD regulations forbid any sex offender convicted of a felony sex offense from living in public housing.
This case was investigated by the Department of Housing and Urban Development and the United States Marshals Service.
Bank Robbery IndictmentRead the Press Release
United States Attorney Deborah Gilg announced that an indictment was unsealed charging Charles McSpadden, age 42 of Omaha, with bank robbery. The indictment alleges he took by force, violence and intimidation, approximately $5,376.00 of United States currency belonging to and in the care, custody, control, management and possession of U.S. Bank, 3225 South 42nd Street, Omaha, Nebraska on or about August 5, 2016. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment.
This case was investigated by the Omaha Police Department and the Federal Bureau of Investigation.
August Grand JuryRead the Press Release
United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 12 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.
* Randy Arnold, 50, of Omaha, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with receipt of child pornography from on and before August 25, 2015. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, supervised release for life and a $100 special assessment. Count II of the Indictment charges Arnold with possession of child pornography on or about June 11, 2016. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, supervised release for life, and a $100 special assessment.
* Jose Agapito Rodriguez Castellanos, age 27, of Omaha, is charged with illegal reentry into the United States after deportation on or about August 8, 2016. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 2 year term of supervised release and a $100 special assessment.
* William Alexander Garcia, age 29, of Van Nuys, California, is charged with possession with intent to distribute 500 grams or more of a mixture containing methamphetamine on or about July 22, 2016. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a 5 year term of supervised release, and a $100 special assessment.
* Jose Iglesias-Gomez, age 43, is charged with illegal reentry into the United States after deportation on or about July 28, 2016. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment.
* Sherman Johnson, age 42, of Los Angeles, California and Sarkis Labachyan, age 35, of Glendale, California are charged with possession with intent to distribute 5 kilograms or more of a mixture containing cocaine on or about June 21, 2016. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a 5 year term of supervised release, and a $100 special assessment.
* Greg Jones, age 51, of Fremont, Nebraska, and Robert Blevins, age 53, of Ames, Nebraska, are charged with possession with intent to distribute a mixture containing methamphetamine on or about May 18, 2016. The maximum possible penalty if convicted is 30 years imprisonment, a $1,000,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Thomas G. Mace, age 49, of Sioux City, Iowa is charged in a two-count Indictment. Count I of the Indictment charges the defendant with conspiracy to distribute and possess with intent to distribute 50 grams or more of a mixture containing methamphetamine. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges Mace with attempt to distribute and possess with intent to distribute 50 grams or more of a mixture containing methamphetamine. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment.
* Joshue Jonatan Martinez Cordero, a/k/a Luis Gregory Chavez, a/k/a Josue Martinez, age 31, is charged with illegal reentry into the United States after deportation following an aggravated felony conviction on or about July 22, 2016. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment.
* Luis Ortiz-Bustamante, age 37, of Columbus, is charged with illegal reentry into the United States after deportation following an aggravated felony conviction on or about March 2, 2015. 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.
* Carlos Prada and Jorge E. Charry are charged with possession with intent to distribute 500 grams or more of a mixture containing methamphetamine on or about May 10, 2016. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a 5 year term of supervised release, and a $100 special assessment.
* Dale Rinabarger, age 41, of Omaha, is charged with possession with intent to distribute 50 grams or more of a mixture of methamphetamine on or about July 7, 2016. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment.
* Jaime Sermeno Pacheco, age 33, is charged with illegal reentry into the United States after deportation on or about July 21, 2016. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 2 year term of supervised release and a $100 special assessment.
Chicago Native Sentenced for Possessing Fraudulent Credit CardsRead the Press Release
United States Attorney Deborah R. Gilg announced that on August 11, 2016, Senior United States District Judge Richard G. Kopf sentenced Aisha Morgan to 3 years’ probation, and ordered her to pay $13,928.28 in restitution. Morgan must also complete 20 hours of community service.
A car driven and occupied by Aisha Morgan and Cornesha Kelly was stopped by law enforcement in Lancaster County, Nebraska, on March 28, 2015. In their car was found 346 counterfeit/unauthorized access devices and 258 gift cards from Walmart, Walgreens, and Dollar General. The 346 unauthorized access devices were encoded with stolen credit card information from 91 different financial institutions in many states and 13 foreign countries.
Subsequent investigation found that Aisha Morgan and Cornesha Kelly possessed and used counterfeit/unauthorized access devices on March 26, 2015, in Omaha, Blair, Papillion, LaVista, Bellevue, and Fremont Nebraska. Then on March 27, 2015, in Fremont, Lincoln, Crete, Seward, York, and Grand Island Nebraska. Finally, on March 28, 2015, in Grand Island, Hastings, Aurora, and York Nebraska, before being stopped in Lancaster County, Nebraska headed back east. During the three-day span in Nebraska they attempted to pass cards on 123 occasions at Walmart, Walgreens and Dollar General, 75 were successful at 40 different locations resulting in 240 purchases totaling $15,886.74 (mostly gift cards).
This case was investigated by the Lincoln Police Department.
Mexican National Sentenced for Receiving Child PornographyRead the Press Release
Angel Sauzo-Martinez, age 40, was sentenced in federal court in Omaha, Nebraska, for receiving child pornography. The Honorable Laurie Smith Camp, Chief Judge, sentenced Sauzo-Martinez, a Mexican National, to 72 months’ imprisonment. There is no parole in the federal penal system. After his release from prison, if not deported, Sauzo-Martinez must serve a 5-year term of supervised release and will be required to register as a sex offender.
An investigation by the Nebraska State Patrol identified Sauzo-Martinez as someone sharing child pornography through a file-sharing network. Ten videos of child pornography were downloaded from Sauzo-Martinez’s computer. On October 30, 2014, officers with the Nebraska State Patrol served a search warrant at Sauzo-Martinez’s home. Forty-nine videos of child pornography were recovered. The videos involved minors, mostly prepubescent, engaged in sexually explicit conduct with adults or other minors.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Nebraska State Patrol.
Plattsmouth Man Sentenced for Conspiracy to Distribute CocaineRead the Press Release
United States Attorney Deborah R. Gilg announced that on July 26, 2016, Jose Jaime Hernandez Badillo, 27, of Plattsmouth, was sentenced to six and one-half years (78 months) in prison for conspiracy to distribute 500 grams or more of a mixture or substance containing cocaine between November of 2013 and September 4, 2014. Following the prison term, Lewis will serve five years on supervised release.
Information provided to law enforcement indicated that Hernandez Badillo was responsible for the distribution of at least 5 kilograms (11 pounds) of cocaine. On September 3, 2014 Lincoln/Lancaster County Drug Task Force officers were told by an informant that a Lincoln man would be returning from a trip to Omaha to obtain cocaine. The man was stopped when he returned to Lincoln, and during a search of his vehicle, officers found 478 grams (approximately 17 ounces) of cocaine. An additional 1 ½ ounces were found during a search of his Lincoln residence. A second Lincoln man was contacted by officers at his apartment on September 5, 2014 which resulted in the finding of an additional 2/3 ounce of cocaine. All of this cocaine was believed to have been obtained from Hernandez Badillo.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.