District of Nebraska
Press releases recorded for this federal judicial district.
Omaha Man Sentenced to 5 Years in Prison for Receiving Child PornographyRead the Press Release
Jason M. Wilds, 34, was sentenced in federal court in Omaha, Nebraska, for receiving child pornography. The Honorable Joseph F. Bataillon, Senior United States District Court Judge sentenced Wilds to a five year term of imprisonment. There is no parole in the federal prison system. After his release from prison, Wilds will begin a 10 year term of supervised release and will be required to register as a sex offender. Wilds was also ordered to pay restitution totaling $10,000 to four victims whose images were among those in Wilds’ collection.
Investigators with the FBI Cyber Crimes Task Force were conducting undercover investigations looking for individuals sharing child pornography. Three videos of child pornography, each involving children as young as 3 and no older than 8 involved in sexual acts with adults, were found to be available for sharing on Wilds’ computer.
On March 20, 2013, a federal search warrant was executed at Wilds’ apartment. A video of child pornography was found on his cell phone. A search of his computer revealed more than 300 images of child pornography and four videos that had recently been deleted.
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.
Kearney Credit Union Robbery Suspect SentencedRead the Press Release
United States Attorney Deborah R. Gilg announced the sentencing of one of the men responsible for the October 17, 2014, robbery of the Kearney Eaton Employees Credit Union. On Friday, February 12, 2016, Senior United States District Judge Richard G. Kopf sentenced Patrick Wigley to the custody of the Bureau of Prisons for 212 months (17.6 years) for his involvement in the robbery. On January 5, 2016, Judge Kopf sentenced a co-defendant, Thomas Dunlap, to the Bureau of Prisons for 136 months (11.3 years) for his involvement in the robbery. As part of the sentences, Dunlap and Wigley were also ordered to pay restitution of $122,891.15.
On October 17, 2014, Dunlap and Wigley, dressed in work clothes and wearing white hard hats, entered the Kearney Eaton Employees Credit Union. Dunlap brandished what employees believed to be a small caliber revolver, and Dunlap and Wigley jumped over the teller counter, gathered the credit union employees into an interior office, had them lay face down on the floor and bound their hands with zip ties. Dunlap and Wigley then emptied one teller’s drawer and took the money from the drawer, together with money from the vault, totaling $122,891.15 and left the premises.
A third co-defendant, Clifton Hudson, is awaiting trial.
This case was investigated by the Kearney Police Department, Buffalo County Sheriff’s Office, the Nebraska State Patrol and the Federal Bureau of Investigation.
Scottsbluff Man Sentenced for Theft of Government FundsRead the Press Release
United States Attorney Deborah R. Gilg announced that Frank A. Sanchez, Jr., 42, formerly of Scottsbluff, Nebraska, was sentenced today in Lincoln, Nebraska, to 90 days of home confinement by United States District Judge John M. Gerrard, for theft of government funds. Along with the home confinement, Sanchez was ordered to make restitution in the amount of $92,064.00, perform 150 hours of community service and to serve a term of five years on supervised release.
Frank Sanchez, Jr., was employed by Burlington Northern Santa Fe (BNSF) from August of 2004 through July of 2007, before filing for a Railroad Retirement Disability Annuity in November , 2007. The disability was based on numerous medical conditions and, after review, the U. S. Railroad Retirement Board (RRB) approved his claim and Sanchez began receiving an annuity.
In June of 2009, Sanchez completed a “Continuing Disability Report” at the request of the RRB. On that form, Sanchez stated there had been no change in his condition and that he had not returned to work. Sanchez then signed and submitted that report to the RRB. In April of 2012, Sanchez was again asked to complete a “Continuing Disability Report”. He failed to return the form to the RRB and he was notified in May of 2012 that his benefits would be discontinued.
Upon further investigation, the RRB discovered that Sanchez had indeed returned to work in August of 2009 and was currently employed again by BNSF. Once contacted, Sanchez admitted to receiving the disability annuity, provided a statement admitting his actions to the investigators, and demonstrated a willingness to make restitution in full. Sanchez’s disability annuity was officially discontinued in August of 2009. Computations by investigators determined that during the period he was receiving the disability annuity he fraudulently received $92,064.00.
The case was investigated by the Office of the Inspector General of the Railroad Retirement Board.
Former Omaha Man Sentenced for Tax FraudRead the Press Release
United States Attorney Deborah R. Gilg announced that Adam Mwanza, age 44 of Miami, Florida, was sentenced today by the Honorable Joseph F. Bataillon. On May 8, 2015, a federal jury convicted Mwanza of 13 counts of tax fraud for his involvement in assisting in the preparation of false tax returns. Mwanza was sentenced to one year and a day in federal prison and ordered to pay a $1,300.00 special assessment. He was also ordered to serve a one year term of supervised release after his release from prison with one of the terms of his supervision being that he pay $297,556.00 in restitution.
Mr. Mwanza was a tax preparer. In tax years 2007 and 2008 Mwanza was servicing a primarily immigrant client base. He would electronically file fraudulent returns falsely claiming rental deductions for what people were paying for their monthly rent expense and would fabricate Adjusted Gross Income amounts. The effect of the fraud was to inflate the amount of the refunds the taxpayers received. “Today’s sentence demonstrates the importance of selecting a reputable tax preparer,” stated Karl Stiften, IRS-Criminal Investigation Special Agent in Charge of the St. Louis Field Office. “Ultimately, the taxpayer is responsible for the accuracy of their return, not the preparer. Don’t be tempted by a refund that is too good to be true.”
The case was investigated by the Internal Revenue Service Criminal Investigations unit.
Papillion Woman Sentenced for EmbezzlementRead the Press Release
United States Attorney Deborah R. Gilg announced that Chief United States District Judge Laurie Smith Camp sentenced Amy Fisher, 43, of Papillion, Nebraska, to 18 months imprisonment to be followed by three years of supervised release. In April 2014, a federal grand jury returned a criminal indictment charging Fisher with embezzlement. On June 22, 2015, Fisher pleaded guilty to the charge.
The investigation demonstrated that Fisher was a Financial Services Officer with the Bellevue branch of the Bank of the West. Fisher performed her embezzlement by making unauthorized withdrawals from various accounts of customers. Fisher typically made the unauthorized withdrawals by closing out customer certificates of deposits, and then reopening new certificates of deposits for what appeared to be the same amount. However, Fisher made false entries within the bank’s computer systems and generated false documents to be provided to the customers to mask the fact that she had withdrawn and pocketed a portion of the customer’s certificate of deposit. Fisher engaged in similar conduct relative to customers’ home equity line of credit accounts as well as checking and savings accounts.
Judge Smith Camp found that Fisher engaged in 55 such fraudulent transactions affecting 17 different customers all of whom were between the ages of 82 and 97 years old. Judge Smith Camp ordered Fisher to pay restitution to the Bank of the West in the amount of $158,941.56. The Bank of the West had previously reimbursed all of its customer accounts for Fisher’s conduct.
This case was investigated by the Federal Bureau of Investigation.
Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Deborah R. Gilg announced that on February 10, 2016, United States District Judge John M. Gerrard sentenced Juan Miguel Gallegos Loaiza, to 210 months in federal prison, followed by 5 years of supervised release.
Mr. Loaiza pled guilty to conspiracy to distribute methamphetamine on March 19, 2015. Loaiza had been involved in the distribution of methamphetamine in the Lincoln and eastern Nebraska area in at least 2012 and 2013. He received large quantities of methamphetamine from Phoenix, Arizona, which he distributed to other dealers in the Lincoln and eastern Nebraska areas. The Court found that Loaiza maintained an apartment for the purpose of distributing drugs at 32nd and Starr streets in Lincoln.
On October 22, 2013, the FBI and the Lincoln/Lancaster County Narcotics Task Force stopped two vehicles, one loaded with methamphetamine from Phoenix, and one loaded with cash intended to be taken from Lincoln to Phoenix. They uncovered about 4 pounds of methamphetamine and $10,000 in cash in these two vehicles. The following day investigators served several search warrants and arrest warrants. The searches uncovered about 9.6 pounds of methamphetamine and over $90,000 in cash. They had an arrest warrant for Loaiza, however he eluded them and fled to Mexico. On October 17, 2014, Loaiza was arrested in Arizona.
Loaiza is expected to be deported to his native Mexico after serving his prison sentence.
This case was investigated by the FBI and the Lincoln/Lancaster County Narcotics Task Force.
Omaha Man Sentenced to Life in Prison as a “Three Strikes” OffenderRead the Press Release
United States Attorney Deborah R. Gilg announced that Quantal Blake, age 29, of Omaha, Nebraska, was sentenced to life in prison yesterday by the Honorable Laurie Smith Camp. Blake was convicted by a federal jury on May 28, 2015, of two counts of bank robbery and one count of attempted bank robbery.
On February 4, 2014, the Premier Bank located at 352 North 114th Street, Omaha, Nebraska, was robbed at approximately 11:15 a.m., when two men with partially covered faces ran in and demanded money. They took money from the bank and fled the area. A vehicle they had stolen the night before and used in the robbery was recovered, abandoned, a few blocks away. On March 20, 2014, at approximately 8:40 a.m., two men with masks drove up to the front door of the same bank. The passenger got out of a vehicle that had been stolen the day before and attempted to enter the bank. The lobby was not yet open. They fled the area, striking another vehicle in the process, and abandoned the vehicle a short distance away. Later that same day, at approximately 1:17 p.m., two males entered the First Westroads Bank located at 612 North 98th Street. The men had their faces obscured and one had his hand under a coat as if he had a weapon. They got money from the bank, fled the area, and abandoned the vehicle they used near 96th and Western.
Through the efforts of the Omaha Police Department and the Federal Bureau of Investigation, investigators developed Blake as a suspect. Investigators determined that Blake was on parole from a prior robbery offense. As part of his parole, he was required to wear an electronic monitoring device on his ankle. Data from the device was analyzed and Blake was tracked by time and location to the places where each robbery occurred, to the locations where both vehicles had been stolen and to the locations where all three vehicles had been abandoned after the crimes.
Blake had two previous violent felony convictions for robbery and associated weapons charges. Because a firearm was used during the First Westroads bank robbery, Blake faced a mandatory life sentence as a Three Strikes offender. He received 17½ years each for the First Premier bank robbery and attempted robbery. Those sentences were ordered to be served at the same time as each other and at the same time as the life sentence. He was also ordered to pay restitution of $18,290 to First Premier Bank and $13,085 to First Westroads Bank.
U.S. Attorney Deborah Gilg praised the efforts of law enforcement in developing a suspect and tracking him down. She further commented on the courageousness of the tellers during the robberies themselves and at the trial. “This is one more example of members of the Omaha community coming forward and saying enough is enough.” Added James Langenberg, Acting Special Agent in Charge of the FBI, “The severity of the sentence imposed is a direct reflection of the law enforcement coordination between the Omaha Police Department and the FBI.”
The case was investigated by the Federal Bureau of Investigation and Omaha Police Department.
Kearney Resident and Corporation Charged with Unlawful Hiring of AliensRead the Press Release
United States Attorney Deborah R. Gilg announced today that Paul Younes, age 63 of Kearney, Nebraska, and Kearney Hospitality, Inc. were arraigned on charges related to the unlawful hiring of aliens. Younes was charged with unlawful employment of aliens in violation of Title 8, United States Code, Section 1324a(a)(2) and (f)(1). He faces a maximum sentence of six months imprisonment and a $3,000 fine. Kearney Hospitality, Inc. was charged with harboring an alien in violation of Title 8, United States Code, Section 1324(a)(1)(A)(iv) and is subject to a term of probation of five years and a maximum fine of $500,000. Both defendants entered pleas of guilty and sentencing has been set for May 9, 2016.
Younes is an officer and director of various corporations which own and/or run hotels in the District of Nebraska including the Holiday Inn Express in Hastings, Nebraska, and the Fairfield Inn & Suites in Kearney, Nebraska. Kearney Hospitality, Inc. runs the Fairfield Inn & Suites in Kearney.
The investigation revealed that Blanca Gama, a citizen of Mexico who was not lawfully in the United States, was employed as the supervisor of housekeeping at the Holiday Inn Express in Hastings. In 2014, Gama learned she was under investigation by the Social Security Administration Office of Inspector General. Gama quit her job at the Holiday Inn Express, but later met with Younes who arranged for her to be employed in the housekeeping department at the Fairfield Inn & Suites in Kearney under the name Elizabeth Gomez. Younes was aware that this person had previously been employed under the name Blanca Gama.
Younes did not place Gomez on the regular payroll for the Fairfield Inn. Rather, he treated her as an independent contractor even though she was the only person in the housekeeping department who was employed in that capacity. Younes later authorized this person’s re-hire at the Holiday Inn Express in Hastings under the name Jacqueline Lopez even though she continued to be referred to as Blanca Gama at that location.
This case was investigated by the Social Security Administration Office of Inspector General, and the Department of Homeland Security Immigration and Customs Enforcement.
Winnebago Man Sentenced to 46 Months for the Sexual Abuse of a MinorRead the Press Release
Steven Rice, 28, of Winnebago, Nebraska, was sentenced today in federal court in Omaha, Nebraska. Rice had previously entered a plea of guilty to sexual abuse of a minor. The Honorable Lyle E. Strom, Senior United States District Judge, sentenced Rice to the custody of the United States Bureau of Prisons for a term of 46 months. There is no parole in the federal prison system. After completing his sentence, Rice will begin a 20-year term of supervised release.
Rice engaged in sexual contact with a 14-year-old female on the Winnebago Indian Reservation. The abuse was reported to a school counselor the following day. Agents of the Federal Bureau of Investigation and Bureau of Indian Affairs interviewed Rice. He admitted the sexual abuse of the minor.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs.
Winnebago Man Sentenced to 80 Months for AssaultRead the Press Release
Mark James Decora, 32, of Winnebago, Nebraska, was sentenced in federal court in Omaha, Nebraska, for assault resulting in serious bodily injury. The Honorable Lyle E. Strom, Senior United States District Court Judge, sentenced Decora to the custody of the United States Bureau of Prisons for 80 months. After his release from prison, Decora will begin a three-year term of supervised release.
This is Decora’s third federal conviction. He was convicted in 2003 of assault. In 2005 he was convicted of resisting a federal officer. In 2008 Decora was convicted of his second felony assault.
On March 21, 2015, Winnebago Police were called to the Senior Complex in Winnebago, Nebraska. They observed a victim with significant facial injuries. Decora and the victim were the only two in the apartment. The victim was taken to Mercy Hospital in Sioux City, Iowa, where she reported that Decora assaulted her. She suffered significant facial fractures requiring surgery. She also suffered bruising and lacerations to her face.
This case was investigated by the Federal Bureau of Investigation.
Major Omaha Gang Members Indicted in Ground-Breaking RICO InvestigationRead the Press Release
United States Attorney for the District of Nebraska Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned a 15 count indictment under the Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act, of six individuals of the 40th Ave and 44th Ave Crips. This was a three year long federal and local investigation impacting gun and gang violence coupled with witness intimidation in Northeast Omaha. The individuals indicted, and others, were engaged in criminal activity including, but not limited to drug distribution, witness tampering, and acts of violence involving assault, murder and attempted murder. 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. This investigation was spearheaded by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Omaha Police Department. The United States Attorney’s office will be assisted in the prosecution by trial attorneys from the U.S. Department of Justice, Organized Crime and Gang Section of the Criminal Division. All individuals are from Omaha.
Jerell Haynie, a.k.a. “Bootie,” a.k.a. “T”
Male, Age 32Greg Bahati, a.k.a. “Pooh Bear,” a.k.a. “Murk 2x”
Male, Age 21Dionte Dortch, a.k.a. “Killa Tay,”
Male, Age 22Kendell Tealer
Male, Age 28Brandon Heard, a.k.a. “B”
Male, Age 25Julio Arias, a.k.a. “Rudy”
Male, Age 24
Count 1: (Lead charge) RICO Conspiracy, 18 U.S.C. § 1962(d), All Defendants are charged in Count 1.
Penalties for Haynie, Bahati, Dortch, Heard and Arias: 0-20 years, $250,000, TSR 3 yrs., $100 SA
Penalties for Tealer: Death, NLT Life; $250,000, TSR 5 yrs., $100 SACount 2: Attempted Murder in-aid-of Racketeering, 18 U.S.C. § 1959(a)(5), defendant is Haynie.
Penalties: 0-10 yrs., $250,000, TSR 3 yrs., $100 SACount 3: Attempt to Commit Assault with a Dangerous Weapon in-aid-of Racketeering, 18 U.S.C. § 1959(a)(6), defendant is Haynie
Penalties: 0-3 yrs., $250,000, TSR 1 year, $100 SACount 4: Discharge a Firearm During a Crime of Violence, 18 U.S.C. §§ 924(c)(1)(A)(ii) & 924(c)(1)(A)(iii), defendant is Haynie
Penalties: 10 yrs. to Life, $250,000, TSR 5 yrs., $100 SACount 5: Distribution of Cocaine Base, 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(C), defendant is Heard
Penalties: 0-20 yrs., $1,000,000, TSR 3 yrs., $100 SACount 6: Distribution of Cocaine Base, 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(C), defendant is Heard
Penalties: 0-20 yrs., $1,000,000, TSR 3 yrs., $100 SACount 7: Distribution of Cocaine Base, 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(C), defendant is Heard
Penalties: 0-20 yrs., $1,000,000, TSR 3 yrs., $100 SACount 8: Threats in Aid of Racketeering, 18 U.S.C. § 1959(a)(4), defendant is Bahati
Penalties: 0-5 yrs., $250,000, TSR 3 yrs., $100 SACount 9: Brandishing a Firearm During a Crime of Violence, 18 U.S.C. § 924(c)(1)(A)(ii), defendant is Bahati
Penalties: 7 yrs. to Life, $250,000, TSR 5 yrs., $100 SACount 10: Felon in Possession of a Firearm, 18 U.S.C. §§ 922(g)(1) & 924(a)(2), defendant is Dortch
Penalties: 0-10 yrs., $250,000, TSR 3 yrs., $100 SACount 11: Witness Tampering, 18 U.S.C. §§ 1512(b)(1), 1512(b)(2)(A) & 1512(b)(3), defendant is Dortch
Penalties: 0-20 years, $250,000, TSR 3 yrs., $100 SACount 12: Attempted Obstruction of Justice, 18 U.S.C. § 1512(c)(2) defendant is Dortch
Penalties: 0-20 years, $250,000, TSR 3 yrs., $100 SACount 13: Distribution of Cocaine Base, 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(C), defendant is Arias
Penalties: 0-20 yrs., $1,000,000, TSR 3 yrs., $100 SACount 14: Distribution of Cocaine Base, 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(C), defendant is Arias
Penalties: 0-20 yrs., $1,000,000, TSR 3 yrs., $100 SACount 15: Distribution of Cocaine Base, 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(C), defendant is Arias
Penalties: 0-20 yrs., $1,000,000, TSR 3 yrs., $100 SAU.S. Attorney Gilg stated: “These gangs formed a criminal enterprise with the sole objective of drug trafficking and protecting their turf by violence including shootings, murder and attempted murder. The use of the RICO tool in the indictment is a warning to other gangs involved in similar conduct that law enforcement will use every method available to interrupt and terminate the cycle of violence and fear perpetuated by these gangs. The witnesses in these cases are courageous and are to be commended for their willingness to stand up and present evidence to the grand jury.”
Imperial Man Sentenced for Possession of Child PornographyRead the Press Release
United States Attorney Deborah R. Gilg announced that Charles Eberhardt, 56, of Imperial, Nebraska, was sentenced on January 29, in Lincoln, Nebraska, to four years, nine months in prison by United States District Judge John M. Gerrard, for possession of child pornography. After his release from prison, Eberhardt will be required to serve a 10 year term of supervised release and be registered as a sex offender.
In September of 2014, Xoom.com, an online international money transfer service, notified Yahoo! that a number of Yahoo! accounts were engaged in the sale of child exploitation material. Investigation determined that several email accounts, operating overseas, were believed to be selling images, video and live-streamed sexual abuse. Eberhardt was found to be one of the persons expressing an interest in young children and appeared to be purchasing images, video, or live streams of child exploitation material from the seller account(s). Evidence showed that at least one wire transfer was sent by Eberhardt to the Philippines. There are also chat logs showing communication with another person in Nebraska about having sex with minors.
On June 2, 2015, a search warrant was issued on Eberhardt’s residence and he admitted to accessing child pornography web sites using the Internet. The forensic investigation of the equipment listed in the Forfeiture Allegation revealed approximately 43 images of child pornography, including visual depictions 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 Federal Bureau of Investigation.
Crips Gang Members Indicted in Nebraska for Racketeering Conspiracy and Related OffensesRead the Press Release
Six alleged members of the Crips have been indicted for their alleged roles in a racketeering conspiracy involving murder, attempted murder and other offenses in Nebraska, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and the U.S. Attorney Deborah R. Gilg of the District of Nebraska.
A federal grand jury returned the superseding indictment on Jan. 27, 2016, and it was unsealed today in the District of Nebraska. It charges Jerell Haynie, aka Bootie and T; Gregory Bahati, aka Pooh Bear and Murk 2x; Dionte Dortch, aka Killa Tay; Kendell Tealer; Brandon Heard, aka B; and Julio Arias, aka Rudy, all of Omaha, Nebraska, with conspiracy to participate in racketeering activity. Haynie is also charged with one count of attempted murder in aid of racketeering, one count of attempt to commit assault with a dangerous weapon in aid of racketeering and one count of discharging a firearm during a crime of violence; Heard is also charged with three counts of distribution of cocaine base; Bahati is also charged with one count of threats in aid of racketeering and one count of brandishing a firearm during a crime of violence; Dortch is also charged with one count of felon in possession of a firearm, one count of witness tampering and one count of attempted obstruction of justice; and Arias is also charged with three counts of distribution of cocaine base. As of this morning, five of the defendants are in custody; Heard is a fugitive.
According to the superseding indictment, the Crips is a violent street gang originally based in Los Angeles with members located throughout the country. The Crips are divided into local chapters, referred to as “sets.” There are numerous “sets” of Crips in the Omaha area, including but not limited to the “40th Ave Crips” and the “44th Ave Crips.” The 40th Ave. Crips and the 44th Ave Crips have “cliqued up” in response to, and in order to protect themselves against, rival Blood gangs in Omaha.
The superseding indictment alleges that the 40th Ave Crips operated a drug-distribution organization dealing mainly in crack cocaine and sought to protect that enterprise through threats and violence. The 40th Ave Crips also sought to keep victims and witnesses in fear of the gang through acts of violence. Specifically, for example, the indictment alleges that in December 2010, Tealer used a firearm to shoot and kill a victim; in September 2012, Haynie shot at an occupied residence; and in April 2015, Dortch was in a vehicle with Crips associates, leaned out of a window and shot at four victims, including an infant, in another vehicle.
The Bureau of Alcohol, Tobacco, Firearms and Explosives field office in Omaha and the Omaha Police Department are investigating the case. Trial Attorneys Yvonne L. Garcia and Joseph A. Cooley of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Matthew Molsen and Michael Norris of the District of Nebraska are prosecuting the case.
The charges contained in the superseding indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Nebraska Man Sentenced in Health Care Fraud CaseRead the Press Release
United States Attorney Deborah Gilg and Nebraska Attorney General Doug Peterson announced that Clements Akara, 61, of Omaha Nebraska, was sentenced today by United States District Judge John M. Gerrard for the crime of health care fraud. Akara was sentenced to three years of supervised release, five months incarceration, and five months of house arrest. He was also ordered to perform 100 hours of community service and pay restitution to the Nebraska Department of Health & Human Services, Medicaid Division totaling $65,911.
By his guilty plea, Akara admitted submitting false claims to Nebraska Medicaid for durable medical equipment, primarily nebulizers and nebulizer supplies, which he had not actually provided to anyone. Between November 2004 and August 2010 he submitted 76 false claims for payment through his business, Statewide Medical Equipment.
This case was investigated by the Medicaid Fraud and Patient Abuse Unit of the Nebraska Attorney General’s Office and prosecuted by the Nebraska Attorney General’s office and the United States Attorney’s office.
Lincoln Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Deborah R. Gilg announced that on January 28, 2016, Kenneth Ali Carman, 43, of Lincoln, was sentenced to 57 months in prison for conspiracy to distribute 500 grams or more of a mixture or substance containing methamphetamine between January of 2010 and April of 2015. Carman will serve five years on supervised release following the prison term.
Information provided to law enforcement indicated Carman was involved in the distribution of at least 500 grams, (approximately 18 ounces), of methamphetamine in the Lincoln area. In December of 2014 and January of 2015, Carman sold small amounts of methamphetamine to the confidential informant and/or the undercover officer working with the Lincoln/Lancaster County Drug Task Force. On April 3, 2015, a search warrant was executed at the Lincoln apartment which Carman shared with his co-defendant, Nicole Lynn Zabel. Over 95 grams of methamphetamine was found in the apartment. Carman was contacted by law enforcement the following day and admitted he had sold approximately one pound of methamphetamine over the prior six months to one year; that he had a number of regular customers; and that he sold methamphetamine for Zabel.
Zabel pled guilty to the conspiracy charge in December of 2015 and is scheduled for sentencing in March of 2016.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
Bellevue Man Charged with Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney, Deborah R. Gilg, announced that on January 27, 2016, an Indictment was unsealed charging Casey Eugene Knudsen, 21, of Bellevue, with conspiracy to distribute and possess with the intent to distribute 500 grams or more of a substance containing methamphetamine between July 1, 2014, and January 5, 2016. The charge carries a possible penalty of not less than 10 years, and not more than life imprisonment, and a fine of up to $10,000,000. Following any prison term, there would be a term of supervised release of at least five years.
Knudsen had an initial appearance in federal court in Lincoln on January 27, 2016. He is scheduled for trial beginning on April 4, 2015, and was ordered detained pending trial.
This case was investigated by the Lincoln/Lancaster County Drug Task Force, the Omaha Police Department, the Douglas County Sheriff’s Department, and the Sarpy County Sheriff’s Department.
Lincoln Man Charged with Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney, Deborah R. Gilg, announced that on January 25, 2016, an Indictment was unsealed charging Zachary A. Olson, 26, of Lincoln, with conspiracy to distribute and possess with the intent to distribute 500 grams or more of a substance containing methamphetamine between October 1, 2014, and October 27, 2015. The charge carries a possible penalty of not less than 10 years, and not more than life imprisonment, and a fine of up to $10,000,000. Following any prison term, there would be a term of supervised release of at least five years.
Olson had an initial appearance in federal court in Lincoln on January 26, 2016. He is scheduled for trial beginning on March 28, 2015. Olson is currently serving a state sentence and was ordered detained pending trial.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
Woman Sentenced for Possession with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Deborah R. Gilg announced that on January 22, 2016, Tiara A. Blanco-Liggins, 24, was sentenced to four years and three months, (51 months), in prison for possession with intent to distribute a mixture or substance containing methamphetamine in Lincoln on February 16, 2015. Following the prison term, Blanco-Liggins will serve four years on supervised release.
On February 16, 2015, Lincoln Police officers went to a Lincoln apartment looking for another person who was wanted on an outstanding warrant. Blanco-Liggins allowed the officers to come into the apartment. Officers saw a small amount of marijuana. When asked if there were any other drugs in the apartment, Blanco-Liggins and her co-defendant, Anthony Harris, produced additional marijuana. In the process of showing officers the marijuana, Harris opened a cabinet in which officers also saw a bag containing methamphetamine. A search warrant was obtained for the apartment, and officers found a total of more than 160 grams of a substance containing methamphetamine, approximately two ounces of marijuana, over $1,300 in cash, a handgun, a shotgun, and ammunition.
Harris was sentenced in September of 2015 to 37 months for possession with intent to distribute methamphetamine and a consecutive five years, (60 months), for possession of a firearm in furtherance of a drug-trafficking crime.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
January Grand JuryRead the Press Release
United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 15 indictments charging 15defendants. 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.
* Ruben Arredondo-Diaz, age 50, is charged with illegal reentry into the United States on or about December 26, 2015, following deportation after conviction for a felony offense. 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.
* Martha Carmen Bazan-Herrera, age 42, of Fremont, is charged with illegal reentry into the United States on or about December 17, 2015, following deportation. 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.
* Alfredo Chavarria Miranda, age 26, of Omaha, is charged with illegal reentry into the United States on or about December 21, 2015, following deportation. 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.
* Alberto Angel Coronel, age 25, of Coachella, California, is charged with possession with intent to distribute 500 grams or more of a mixture containing methamphetamine on or about December 3, 2015. 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.
* Kayne Farquharson, age 31, of Omaha, is charged in a three-count Indictment. Count I of the Indictment alleges that on or about May 24, 2014, the defendant made a false statement in an application for a passport to secure for his own use. 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 alleges that on or about December 8, 2015, Farquharson used a means of identification of another person to apply for a passport knowing that the means of identification belonged to another person. The maximum possible penalty if convicted is 2 years consecutive to previous penalty in Count I, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment. Count III of the Indictment alleges that on or about May 28, 2014 the defendant misused a social security number knowing said document was not issued lawfully for his use. 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.
* Elio Gomez-Perez is charged with illegal reentry into the United States on or about December 1, 2015, following deportation. 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.
* Alex Larsen, age 26, of Grand Island, is charged with felon in possession of a firearm on or about January 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.
* Hugo Leyva-Martinez is charged in a two-count Indictment. Count I of the Indictment charges the defendant with possession with intent to distribute more than 500 grams of a mixture of methamphetamine on or about December 7, 2015. 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 Leyva-Martinez with alien in possession of a firearm on or about December 7, 2015. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. The indictment also alleges any and all property, real or personal, that constitutes or is derived, directory or indirectly, as a result of the violations or involved in the violations, should be forfeited to the United States.
* Javier Mendez Salazar, age 37, of Bellevue, is charged with illegal reentry into the United States on or about December 3, 2015, following deportation. 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.
* Adalberto Ocampo Ramirez, age 38, of San Diego, California, is charged with illegal reentry into the United States on or about June 24, 2015, following deportation. 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.
* Martese Roland is charged in an eleven-count Indictment. Count I of the Indictment charges the defendant with conspiracy to distribute and possess with intent to distribute 100 grams or more of a mixture containing heroin and less than 50 kilograms of marijuana beginning as early as April 1, 2014, and continuing through December 5, 2015. 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 IX of the Indictment charge Roland with distribution of a mixture containing heroin. 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 X of the Indictment charges the defendant with possession with intent to distribute a mixture containing heroin and marijuana on or about December 4, 2015. 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 XI of the Indictment charges Roland with use or possession of a firearm during and in relation to or in furtherance of a drug trafficking crime. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 5 year term of supervised release, and a $100 special assessment.The indictment also alleges any and all property, real or personal, that constitutes or is derived, directory or indirectly, as a result of the said violation, should be forfeited to the United States.
* Alex Rosa, age 29, of Sherburn, Minnesota, is charged with possession with intent to distribute 50 grams or more of a mixture containing methamphetamine on or about October 4, 2015. 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.
* Ashley D. Rupp, age 26, of Arapahoe, Nebraska, is charged with theft of mail on or about November 4, 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.
* Allen C. Weitzel, age 24, of Sioux City, Iowa, is charged in a two-count Indictment. Counts I and II of the Indictment charge the defendant with assault with a dangerous weapon on or about August 6, 2015. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment for each count.
* Jimme D. Windham, III, age 20, is charged with unlawful user of a controlled substance in possession of a firearm from on or about December 11, 2015, and continuing to on or about December 12, 2015. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
Kearney Psychiatrist Sentenced for Failure to Pay TaxesRead the Press Release
United States Attorney Deborah A. Gilg announced that a Kearney, Nebraska, psychiatrist was sentenced Wednesday, January 20, 2016, to serve five years of probation for failing to pay over more than $131,000 in federal payroll taxes. In addition, Dr. Reynaldo De Los Angeles, age 70, was ordered to provide free psychiatric services to residents of Buffalo County for one day per month for the term of his probation. Senior United States District Judge Richard G. Kopf sentenced Dr. De Los Angeles in Lincoln, Nebraska.
According to court documents, Dr. De Los Angeles was indicted in December 2014, and charged with nine counts of failure to pay over Social Security, Medicare and federal income taxes withheld from employees of his Kearney and Grand Island mental health clinics between 2008 and 2012. The indictment alleged Dr. De Los Angeles, as president of his company and the individual responsible for the corporate financial business affairs, withheld $131,775.28 from the employees’ paychecks but failed to pay the payroll taxes to the Internal Revenue Service as required. Dr. De Los Angeles pled guilty on October 22, 2015. Dr. De Los Angeles will be required to spend eight weekends in the Dawson County jail. Judge Kopf cited Dr. De Los Angeles’s age and health as partial reasons for sentencing him to probation.
Dr. De Los Angeles is also required to pay $131,775.28 in restitution to the Internal Revenue Service, provide access to his financial records to his probation officer to assess his ongoing ability to pay restitution and to monitor his lifestyle, and successfully complete a cognitive-behavioral based program to assist him continue to be a productive citizen.
“Business owners have a responsibility to withhold income taxes for their employees and remit those taxes to the Internal Revenue Service,” said Karl Stiften, Special Agent in Charge of IRS Criminal Investigation. “Employment tax fraud impacts employees, who may see future benefits such as Social Security or Medicare reduced or eliminated because their employers failed to comply with the law.”
This case was investigated by IRS Criminal Investigation.
Omaha Man Sentenced for Telemarketing Fraud SchemeRead the Press Release
United States Attorney Deborah R. Gilg announced that on January 13, 2016, Senior United States District Court Judge Lyle E. Strom sentenced Myron Plummer of Omaha, Nebraska, age 52, to a 4 year term of imprisonment, following his conviction for mail fraud and aggravated identity theft. After his release from prison, Plummer will begin a term of supervised release of 3 years. Additionally, Plummer was ordered to make restitution in the amount of $196,000.00 to the victims of his fraudulent scheme.
During the period of March 1, 2011 through December 3, 2014, the Defendant conducted a telemarketing scheme to defraud mostly elderly individuals who had previously lost money to fraudulent telemarketers who were selling them bogus timeshares and/or precious metals.
Plummer, doing business as FCR Global LLC, would “reload” victims, (that is, re-contact individuals that he learned had been previously defrauded), and tell them that for an upfront advance fee, he would be able to recover the monies they had lost and in turn would be able to resell their timeshares for them to recoup their losses. Plummer convinced approximately 17 individuals to send him via Western Union, Money Gram, Bank Wire, or through the U.S. Mail, approximately $196,000.00 on the promise that he would recover the losses incurred by the victims from prior fraudsters. Plummer had also advised these individuals that if he could not recover the lost funds from the prior frauds, he would return his advance fees to them. In fact, he did not recover any of the victims’ monies and used the monies for his own personal use . Plummer, rather than helping the victims, in fact, victimized them once again and used monies that he received for the advance fees for his own personal use, the majority of the funds being used to underwrite a significant drug habit he had during the period of the fraud.
This case was investigated by the United States Department of Homeland Security and the U.S. Postal Inspection Service.
Lincoln Man Sentenced for Possessing Child PornographyRead the Press Release
United States Attorney Deborah R. Gilg announced that Dale Delmar Hess, 62, formerly of Lincoln, Nebraska, was sentenced today in Lincoln, Nebraska, to 63 months in prison by United States District Judge John M. Gerrard, for possession of child pornography. After serving his sentence, Hess will also be required to register as a sex offender and serve a period of 7 years on supervised release.
On July 22, 2014, a computer technician who had been contacted by Hess to perform work on a laptop computer made a report to the Lincoln Police Department. Hess had dropped off a laptop computer and requested the technician reinstall a program on the computer. While performing the task, the technician checked the trash bin and observed several folders of files. The technician transported the files to the desktop and opened the folder and observed several files within each folder and clicked on a file. The technician explained to the Lincoln Police Department that the files contained child pornography.
Lincoln Police Department obtained a search warrant for Hess's residence in Lincoln, Nebraska on July 24, 2014. During the course of the search and subsequent interview, Hess admitted that he had downloaded and saved child pornography. A forensic examination of the computers found during the search warrant revealed over 1,100 videos and 63,000 graphic files of child pornography.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Lincoln Police Department.
Former Pharmacist Sentenced in Medicaid Fraud CaseRead the Press Release
United States Attorney Deborah R. Gilg announced that on January 13, 2016, United States District Judge John M. Gerrard sentenced Scott Tran to 110 months incarceration followed by three years of supervised release, and ordered him to pay restitution in the amount of $14,430,059.17 to the Nebraska Health and Human Services Agency, for the crime of health care fraud. Tran, 45 years old from Omaha, was indicted by a federal grand jury May 19, 2014, charged with the largest health care fraud crime in Nebraska to date, including 12 counts of health care fraud and six counts of identity theft. Tran pled guilty to health care fraud on September 29, 2015. Tran operated a pharmacy, Pharmacy Specialty Services, in Lincoln and during a nearly six year period between May 2009 and March 2015 he submitted 2,346 false claims to Nebraska Medicaid for dispensing a prescription drug – tobramycin solution for inhalation (TOBI) – which he in fact did not dispense. He was paid a total of $14,430,059.17 by Nebraska Medicaid on these claims. According to Tran, the money was primarily used by him to support his gambling habit.
Investigators have seized money and other assets from Tran to be used for restitution, including more than $2.1 million in cash, a house in Waterloo, NE, valued at more than $800,000, a car, a boat and trailer. The case was investigated by agents from the Federal Bureau of Investigation, the Office of Investigations of the Federal Department of Health and Human Services, the Nebraska Attorney General’s Office, and the Nebraska Department of Health and Human Services.
Nebraska Woman Sentenced for Bank TheftRead the Press Release
United States Attorney Deborah R. Gilg announced that on January 11, 2016, Chief United States District Court Judge Laurie Smith Camp sentenced Margaret Cherovsky of Wahoo, Nebraska, age 65, to a term of time served and a five (5) year term of supervised release, following her conviction for theft by a bank employee.
Between 1969 and 2014 Cherovsky was an employee of FirstBank of Nebraska, Wahoo branch, within the District of Nebraska. In April, 2014, Cherovsky reported to FirstBank of Nebraska representatives that she had taken cash from FirstBank of Nebraska over the last 20 years. A cash count by a bank employee revealed a shortfall of $323,036.00. Cherovsky immediately repaid $323,036.00 to FirstBank of Nebraska after admitting that she had improperly taken the money.
An investigation revealed that the cash shortfall was the result of Cherovsky depositing "mutilated currency" received by the bank into bank accounts managed or owned by Cherovsky. Cherovsky falsified bank records to conceal the theft. Cherovsky admitted she did not take money from the vault every day but did it "sporadically" to ensure it wasn't discovered.
This case was investigated by the Federal Bureau of Investigation.
Fremont Woman Sentenced for Mail FraudRead the Press Release
United States Attorney Deborah R. Gilg announced that Marian Korbelik, age 67, of Fremont, Nebraska, was sentenced today to one year and one day imprisonment by the Honorable Laurie Smith Camp, for mail fraud. On October 19, 2015, she pled guilty to the charge in federal district court. Ms. Korbelik was also ordered to serve a three-year term of supervised release upon her release from prison and to pay $64,022.11.00 in restitution.
Korbelik, while living in Nebraska, was the part-time bookkeeper for Piedmont Orthopedic Lab, a company in South Carolina. On numerous occasions from 2006 through 2011 she sent falsified financial reports to the owners of Piedmont. The reports indicated certain amounts had been expended in particular months for legitimate expenses of Piedmont when in fact the expenditures had not been made. Ms. Korbelik wrote checks to herself disguised as legitimate business expenses.
This case was investigated by the Federal Bureau of Investigation.
Omaha Man Sentenced to 6 Years for Receiving Child PornographyRead the Press Release
James A. Wiehe, 54, was sentenced in federal court in Omaha, Nebraska, for receiving child pornography. The Honorable Laurie Smith Camp, Chief Judge, sentenced Wiehe to six years imprisonment. There is no parole in the federal prison system. After his release from prison, he will begin a five-year term of supervised release and will be required to register as a sex offender.
In November of 2014, a Douglas County Sheriff’s Deputy learned that Wiehe had child pornography available on his computer for sharing. The images available for sharing involved ten-year-old girls engaged in sexually explicit conduct.
A search warrant was executed on Wiehe’s residence on March 16, 2015. Although he had used file wiping software to delete child pornographic images, forensic analysis revealed recent child pornographic videos had been received. Search terms were recovered reflecting searches for prepubescent children between the ages of six and eleven.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Omaha Man Sentenced for Bank RobberyRead the Press Release
United States Attorney Deborah R. Gilg announced that Robert M. Davis, age 63, of Omaha, Nebraska, was sentenced today to four years, ten months imprisonment by the Honorable Laurie Smith Camp, for bank robbery. On September 28, 2015, Davis pleaded guilty to robbing the American National Bank at 9009 Maple on October 17, 2014. He was also ordered to serve a three-year term of supervised release upon his release from prison and to pay $965.00 in restitution.
On October 17, 2014, the bank had been locking the front doors due to a number of bank robberies in Omaha. Davis was allowed in, approached the teller window, pulled a gun from his pocket, pointed it at the teller and demanded money. The clerk put $965.00 in the bag. He was connected to the robbery by surveillance video from the bank and from DNA that was on a hat he discarded when he left the area.
The case was investigated by the Omaha Police Department and Federal Bureau of Investigation.
New York Man Sentenced to Six Years in Prison for Receiving and Accessing Child PornographyRead the Press Release
Eighteen Others Previously Sentenced to Prison for Illegal Activity on Child Pornography Websites Based on Tor Network
A New York man was sentenced to six years in federal prison today for receiving and accessing child pornography in connection with his use of a website based on the Tor network.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Deborah R. Gilg of the District of Nebraska and Acting Special Agent in Charge James C. Langenberg of the FBI’s Omaha, Nebraska, Division made the announcement.
“Child sex offenders are migrating to anonymous networks where they feel free to pursue evil and violent acts without fear or hesitation,” said Assistant Attorney General Caldwell. “Anonymization is just one of many challenges we face when combatting the sexual victimization of children, as offenders seek to hide their activities behind technological barriers. But while identifying these criminals is difficult, it is not impossible. We will use every legal authority we have to identify and root out these predators and protect children from harm.”
“Today's sentence and the others imposed earlier demonstrate that those who exploit children will be aggressively pursued and prosecuted to the full extent of the law,” said U.S. Attorney Gilg. “Those who think they are acting anonymously on the Internet will be found and held accountable.”
“Children must be protected from sexual exploitation, and we remain committed to investigating the production and distribution of child pornography,” said Special Agent in Charge Langenberg. “Today’s sentencing reflects the FBI’s persistent declaration to those who advertise, distribute, possess and trade child pornography, that we will look for you and we will find you.”
Kirk Cottom, 45, of Rochester, New York, pleaded guilty on Aug. 3, 2015, to receiving and accessing with intent to view child pornography before Senior U.S. District Judge Joseph F. Bataillon of the District of Nebraska.
In connection with his guilty plea, Cottom admitted that in November 2012, he accessed images of child sexual exploitation via a website then operating in Omaha. The website was accessible only through the Tor network, an Internet application specifically designed to facilitate anonymous communication. The website’s users employed advanced technological means in order to undermine law enforcement’s attempts to identify them. In addition to accessing this website, Cottom’s personal computer contained more than 600 child exploitation images and contained evidence of significant Internet activity showing access to child pornography websites on the Tor network.
Cottom was the 19th individual to be convicted as part of an ongoing investigation targeting three child pornography websites based on the Tor network. Aaron McGrath, who ran the websites, was convicted in the District of Nebraska of engaging in a child exploitation enterprise and was sentenced to 20 years in prison in January 2014.
The 17 other individuals previously convicted and sentenced in connection with their respective illegal activity on one of those websites are:
- Timothy Defoggi, then 56, formerly of Gaithersburg, Maryland, was convicted after trial of engaging in a child exploitation enterprise and accessing with intent to view child pornography and sentenced to 25 years in prison by Chief U.S. District Judge Laurie Smith Camp of the District of Nebraska on Jan. 5, 2015.
- Jason Flanary, then 42, formerly of Chicago, the Philippines and Guam, pleaded guilty to engaging in a child exploitation enterprise and was sentenced to 20 years in prison by Judge Bataillon on June 30, 2014.
- Wesley Cameron, then 22, formerly of Ashford, Alabama, pleaded guilty to conspiracy to advertise child pornography and was sentenced to 15 years in prison by Judge Bataillon on Oct. 24, 2014.
- Zackary Austin, 28, formerly of Reno, Nevada, pleaded guilty to conspiracy to distribute child pornography and was sentenced to 16 years in prison by Judge Bataillon on Nov. 6, 2014.
- Charles MacMillan, 29, formerly of Rockville, Maryland, pleaded guilty to conspiracy to advertise child pornography and was sentenced to 12 years in prison by Judge Bataillon on Nov. 7, 2014.
- David William Peer, then 38, formerly of Spanish Fork, Utah, who previously had been convicted of a federal child pornography-related offense, pleaded guilty to accessing with intent to view child pornography and was sentenced to 10 years in prison by Judge Bataillon on March 27, 2015.
- Joshua Welch, then 29, formerly of Pensacola, Florida, was convicted after trial of receiving and accessing child pornography and was sentenced to 10 years in prison by Judge Bataillon on May 1, 2015.
- Michael Huyck, then 37, formerly of Lincoln, Nebraska, was convicted after trial of receiving, accessing and possessing child pornography and was sentenced to six years in prison by Judge Bataillon on Sept. 1, 2015.
- Warren Tidwell, then 38, pleaded guilty to accessing with intent to view child pornography and was sentenced to five years in prison by Judge Bataillon on Nov. 20, 2015.
- Russell Glenn Pierce, then 57, formerly of Hollywood, Florida, pleaded guilty to accessing with intent to view child pornography and was sentenced to four years in prison by Judge Bataillon on Oct. 2, 2015.
- Thomas Spencer, then 48, formerly of North Las Vegas, Nevada, pleaded guilty to accessing with intent to view child pornography and was sentenced to four years in prison by Judge Bataillon on May 12, 2015.
- Vincent Diberardino, then 64, formerly of Newington, Connecticut, pleaded guilty to accessing with intent to view child pornography and was sentenced to four years in prison by Judge Bataillon on May 15, 2015.
- Brandon Moore, then 31, formerly of Stockton, California, pleaded guilty to accessing with intent to view child pornography and was sentenced to four years in prison by Judge Bataillon on Oct. 5, 2015.
- Gary Reibert, then 61, formerly of Troy, Ohio, pleaded guilty to accessing with intent to view child pornography and was sentenced to four years in prison by Judge Bataillon on Aug. 13, 2015.
- David Smith, then 28, formerly of Butler, Pennsylvania, pleaded guilty to accessing with intent to view child pornography and was sentenced to four years in prison by Judge Bataillon on June 26, 2015.
- Kevin Pitman, then 37, formerly of Austin, Texas, pleaded guilty to accessing with intent to view child pornography and was sentenced to four years in prison by Judge Bataillon on June 26, 2015.
- John Sebes, then 54, formerly of Wyomissing, Pennsylvania, pleaded guilty to accessing with intent to view child pornography and was sentenced to 42 months in prison by Judge Bataillon on Dec. 3, 2014.
These cases were brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and 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.justice.gov/psc.
The FBI’s Omaha Field Office and the FBI’s Violent Crimes against Children Section, Major Case Coordination Unit and Digital Analysis and Research Center led the investigation of this case. Europol, the European Union’s law enforcement agency, as well as members of the FBI’s Violent Crimes Against Children International Task Force, assisted in the investigation. Trial Attorney Keith Becker of CEOS and Assistant U.S. Attorney Michael P. Norris of the District of Nebraska prosecuted this case.
New York Man Sentenced to Six Years in Prison for Receiving and Accessing Child PornographyRead the Press Release
A New York man was sentenced to six years in federal prison today for receiving and accessing child pornography in connection with his use of a website based on the Tor network.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Deborah R. Gilg of the District of Nebraska and Acting Special Agent in Charge James C. Langenberg of the FBI’s Omaha, Nebraska, Division made the announcement.
“Child sex offenders are migrating to anonymous networks where they feel free to pursue evil and violent acts without fear or hesitation,” said Assistant Attorney General Caldwell. “Anonymization is just one of many challenges we face when combatting the sexual victimization of children, as offenders seek to hide their activities behind technological barriers. But while identifying these criminals is difficult, it is not impossible. We will use every legal authority we have to identify and root out these predators and protect children from harm.”
“Today's sentence and the others imposed earlier demonstrate that those who exploit children will be aggressively pursued and prosecuted to the full extent of the law,” said U.S. Attorney Gilg. “Those who think they are acting anonymously on the Internet will be found and held accountable.”
“Children must be protected from sexual exploitation, and we remain committed to investigating the production and distribution of child pornography,” said Special Agent in Charge Langenberg. “Today’s sentencing reflects the FBI’s persistent declaration to those who advertise, distribute, possess and trade child pornography, that we will look for you and we will find you.”
Kirk Cottom, 45, of Rochester, New York, pleaded guilty on Aug. 3, 2015, to receiving and accessing with intent to view child pornography before Senior U.S. District Judge Joseph F. Bataillon of the District of Nebraska.
In connection with his guilty plea, Cottom admitted that in November 2012, he accessed images of child sexual exploitation via a website then operating in Omaha. The website was accessible only through the Tor network, an Internet application specifically designed to facilitate anonymous communication. The website’s users employed advanced technological means in order to undermine law enforcement’s attempts to identify them. In addition to accessing this website, Cottom’s personal computer contained more than 600 child exploitation images and contained evidence of significant Internet activity showing access to child pornography websites on the Tor network.
Cottom was the 19th individual to be convicted as part of an ongoing investigation targeting three child pornography websites based on the Tor network. Aaron McGrath, who ran the websites, was convicted in the District of Nebraska of engaging in a child exploitation enterprise and was sentenced to 20 years in prison in January 2014.
The 17 other individuals previously convicted and sentenced in connection with their respective illegal activity on one of those websites are:
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Timothy Defoggi, then 56, formerly of Gaithersburg, Maryland, was convicted after trial of engaging in a child exploitation enterprise and accessing with intent to view child pornography and sentenced to 25 years in prison by Chief U.S. District Judge Laurie Smith Camp of the District of Nebraska on Jan. 5, 2015.
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Jason Flanary, then 42, formerly of Chicago, the Philippines and Guam, pleaded guilty to engaging in a child exploitation enterprise and was sentenced to 20 years in prison by Judge Bataillon on June 30, 2014.
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Wesley Cameron, then 22, formerly of Ashford, Alabama, pleaded guilty to conspiracy to advertise child pornography and was sentenced to 15 years in prison by Judge Bataillon on Oct. 24, 2014.
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Zackary Austin, 28, formerly of Reno, Nevada, pleaded guilty to conspiracy to distribute child pornography and was sentenced to 16 years in prison by Judge Bataillon on Nov. 6, 2014.
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Charles MacMillan, 29, formerly of Rockville, Maryland, pleaded guilty to conspiracy to advertise child pornography and was sentenced to 12 years in prison by Judge Bataillon on Nov. 7, 2014.
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David William Peer, then 38, formerly of Spanish Fork, Utah, who previously had been convicted of a federal child pornography-related offense, pleaded guilty to accessing with intent to view child pornography and was sentenced to 10 years in prison by Judge Bataillon on March 27, 2015.
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Joshua Welch, then 29, formerly of Pensacola, Florida, was convicted after trial of receiving and accessing child pornography and was sentenced to 10 years in prison by Judge Bataillon on May 1, 2015.
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Michael Huyck, then 37, formerly of Lincoln, Nebraska, was convicted after trial of receiving, accessing and possessing child pornography and was sentenced to six years in prison by Judge Bataillon on Sept. 1, 2015.
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Warren Tidwell, then 38, pleaded guilty to accessing with intent to view child pornography and was sentenced to five years in prison by Judge Bataillon on Nov. 20, 2015.
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Russell Glenn Pierce, then 57, formerly of Hollywood, Florida, pleaded guilty to accessing with intent to view child pornography and was sentenced to four years in prison by Judge Bataillon on Oct. 2, 2015.
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Thomas Spencer, then 48, formerly of North Las Vegas, Nevada, pleaded guilty to accessing with intent to view child pornography and was sentenced to four years in prison by Judge Bataillon on May 12, 2015.
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Vincent Diberardino, then 64, formerly of Newington, Connecticut, pleaded guilty to accessing with intent to view child pornography and was sentenced to four years in prison by Judge Bataillon on May 15, 2015.
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Brandon Moore, then 31, formerly of Stockton, California, pleaded guilty to accessing with intent to view child pornography and was sentenced to four years in prison by Judge Bataillon on Oct. 5, 2015.
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Gary Reibert, then 61, formerly of Troy, Ohio, pleaded guilty to accessing with intent to view child pornography and was sentenced to four years in prison by Judge Bataillon on Aug. 13, 2015.
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David Smith, then 28, formerly of Butler, Pennsylvania, pleaded guilty to accessing with intent to view child pornography and was sentenced to four years in prison by Judge Bataillon on June 26, 2015.
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Kevin Pitman, then 37, formerly of Austin, Texas, pleaded guilty to accessing with intent to view child pornography and was sentenced to four years in prison by Judge Bataillon on June 26, 2015.
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John Sebes, then 54, formerly of Wyomissing, Pennsylvania, pleaded guilty to accessing with intent to view child pornography and was sentenced to 42 months in prison by Judge Bataillon on Dec. 3, 2014.
These cases were brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and 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.justice.gov/psc.
The FBI’s Omaha Field Office and the FBI’s Violent Crimes against Children Section, Major Case Coordination Unit and Digital Analysis and Research Center led the investigation of this case. Europol, the European Union’s law enforcement agency, as well as members of the FBI’s Violent Crimes Against Children International Task Force, assisted in the investigation. Trial Attorney Keith Becker of CEOS and Assistant U.S. Attorney Michael P. Norris of the District of Nebraska prosecuted this case.
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Omaha Man Sentenced to 6 Years for Possessing Child PornographyRead the Press Release
Randy D. Van Beek, 59, was sentenced Monday in federal court in Omaha, Nebraska, for receiving and possessing child pornography. The Honorable Laurie Smith Camp sentenced Van Beek to seventy-two (72) months of imprisonment. There is no parole in the federal prison system. After his release from prison, Van Beek will serve a ten (10) year term of supervised release and will be required to register as a sex offender.
A computer in Van Beek’s home was observed on three separate occasions in March, 2014 with child pornography available for sharing. A search warrant was served on the home on May 22, 2014. Van Beek admitted to viewing and deleting child pornography. Forensic analysis of his computers revealed more than 500 videos and 400 images of child pornography many of which involved prepubescent children engaged in sexual acts with other prepubescent children and adults.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Omaha FBI's Cyber Crime Task Force (CCTF).
December Grand JuryRead the Press Release
United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 5 indictments charging 5 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.
* Khalif Alogba, age 29, of Newport, Minnesota, is charged with use of a counterfeit access device on or about September 3, 2015. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Oscar Alonzo Batres, age 43, of Omaha, is charged with illegal reentry into the United States on or about November 16, 2015, following deportation. 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.
* Brett Booker, age 21, is charged in a six-count Indictment. Count I of the Indictment charges the defendant with distribution and possession with intent to distribute ethylone, Xanax and marijuana from on or about October 27, 2015 to on or about November 24, 2015. 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 Booker with felon in possession of a firearm on or about November 24, 2015. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count III of the Indictment charges the defendant with user in possession of a firearm on or about November 24, 2015. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Counts IV, V, and VI allege that Booker committed the offenses in Count I, II, and III while released on conditions in a separate case. 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. The indictment also alleges any and all property, real or personal, that constitutes or is derived, directory or indirectly, as a result of the allegations in Court I of this Indictment, should be forfeited to the United States.
* Abraham Gamez, age 43, of Lincoln, is charged in a two-count Indictment. Count I of the Indictment alleges that on or about January 30, 2015, the defendant falsely represented a Social Security account number as belonging to him for the purpose of obtaining a benefit to which he was not entitled. 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 alleges on or about January 30, 2015, Gamez used a Permanent Resident Alien card knowing said document was not issued lawfully for his use. The maximum possible penalty if convicted is 5 years imprisonment, a fine of $250,000, a 3 year term of supervised release, and a $100 special assessment.
* Semiu Shokunbi, age 42, of Kent, United Kingdom, is charged with use of a counterfeit access device on or about October 10, 2015. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
Lincoln Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Deborah R. Gilg announced that on December 4, 2015, Miguel Angel Alvarez, 47, was sentenced to 14 years (168 months) in prison for conspiracy to distribute 500 grams or more of a mixture or substance containing methamphetamine in the Lincoln area between January of 2013 and April of 2014. Following the prison term, Alvarez will serve five years on supervised release.
In November of 2013, Alvarez sold methamphetamine on two occasions to an undercover officer for a total of approximately nine grams. Information provided to law enforcement indicated that over the course of the conspiracy, Alvarez was responsible for the distribution of at least 15 kilograms, (33 pounds), of methamphetamine.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
The District of Nebraska U.S. Attorney’s Office Collects $2,133,876.67 in Civil and Criminal Actions for U.S. Taxpayers in Fiscal Year 2015Read the Press Release
U.S. Attorney Deborah R. Gilg announced today that the District of Nebraska collected $2,133,876.67 in criminal and civil actions in Fiscal Year 2015. Of this amount, $1,931,940.95 was collected in criminal actions and $201,935.72 was collected in civil actions.
Additionally, Nebraska worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $267,923.76 in cases pursued jointly with these offices. Of this amount, $19,525.76 was collected in criminal actions and $248,398.00 was collected in civil actions.
Attorney General Loretta E. Lynch announced on December 3, 2015 that the Justice Department collected $23.1 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2015. The more than $23.1 billion in collections in FY 2015 represents more than seven and a half times the approximately $2.93 billion of the Justice Department’s combined appropriations for the 93 U.S. Attorneys’ offices and the main litigating divisions in that same period.
U.S. Attorney Deb Gilg praised the efforts of the Assistant U.S. Attorney’s and contributing agencies for these successes. “It is our responsibility to enforce these collections and to assist in the restitution efforts of crime victims”, said Ms. Gilg.
For example, in fiscal year 2015, the District of Nebraska collected a single recovery of $205,428.80 in a case involving criminal fraud perpetrated against the Social Security Administration. It is the U.S. Attorneys’ Offices, along with the department’s litigating divisions, that are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.
Additionally, the U.S. Attorney’s office in Nebraska, working with partner agencies and divisions, collected $1,282,010.00 in asset forfeiture actions in FY 2015. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
Nebraska Therapist Sentenced in Health Care Fraud CaseRead the Press Release
U.S. Attorney Deb Gilg and Nebraska Attorney General Doug Peterson announced that a Lincoln-area woman must repay more than $192,000 to the state of Nebraska and serve 12 weekends in jail over the next year after pleading guilty to committing health care fraud. Melissa Prentice-Erickson must also serve six months under house arrest and a 5 year term of probation, under a sentence handed down this afternoon by U.S. District Judge John Gerrard.
Prentice-Erickson formerly was a mental health therapist who ran her practice in Aurora, NE. An investigation by the Attorney General’s Medicaid Fraud and Patient Abuse Unit, Magellan Behavioral Health, and the program integrity unit of the Nebraska Department of Health and Human Services found that Prentice-Erickson submitted 2614 false claims for payment to Nebraska Medicaid between November 2009 and July 2014. She was paid $192,761.98 for services she never rendered. A federal grand jury indicted her on 26 counts of health care fraud as a result of her actions.
The case was prosecuted by Mark Collins of the Attorney General’s Office and Alan Everett of the U.S. Attorney’s Office.
Omaha Man Sentenced for Commercial RobberyRead the Press Release
United States Attorney Deborah R. Gilg announced that Liban Hassan, age 23 of Omaha, Nebraska, was sentenced to two years, nine months imprisonment by the Honorable Laurie Smith Camp, for Interference With Commerce By Threats or Violence. On August 13, 2015, a federal jury found him guilty of robbing the Kum & Go at 13149 Fort Street, Omaha. He was also ordered to serve a three-year term of supervised release and pay $455.53 in restitution.
On May 18, 2014, at approximately 4:15 a.m., four men entered the store and demanded money. One of the four acted as if he had a gun under his shirt. Two other suspects came behind the counter, grabbed the clerk asking where the cigarettes were. Hassan acted as a lookout both inside the store and then outside while the robbery was continuing inside. The four men left with $158.50 and approximately 5-6 cartons of cigarettes.
Yusuf Xasan was previously convicted in connection with the robbery and received 13 months in prison. The two other suspects remain at large.
The case was investigated by the Omaha Police Department and Federal Bureau of Investigation.
Doroteo Manuel Ponce and Gilbert Navarro Sentenced to Prison for Drug Trafficking and Money LaunderingRead the Press Release
United States Attorney Deborah R. Gilg announced that Doroteo Manual Ponce, who is 35 years old and from Omaha, Nebraska, was sentenced on November 18, 2015 to a term of 262 months (21.8 years) imprisonment, to be followed by a term of 5 years of supervised release. Ponce pleaded guilty on August 27, 2015 to conspiracy to distribute 50 grams or more of pure methamphetamine, and two counts of conspiracy to commit money laundering. Testimony at Ponce’s sentencing hearing revealed that Ponce arranged for large quantities of methamphetamine to be shipped to the Omaha area, and that Ponce would then distribute that methamphetamine to others in the Lincoln, Council Bluffs and Omaha areas. Ponce qualified for an enhancement in his sentence because of his leadership role in the offense, and there was testimony that Ponce had one person who worked for Ponce as an employee in Ponce’s drug trafficking business. At times, Ponce also directed others to deposit monetary proceeds from drug trafficking into various bank accounts in order to funnel that money back to Ponce’s suppliers to pay for the drugs.
Gilbert Navarro, who is 42 years old and from Omaha, Nebraska, was a codefendant with Doroteo Ponce. On April 7, 2015, Navarro pleaded guilty to conspiracy to distribute 50 kilograms or more of marijuana and conspiracy to commit money laundering. On November 17, 2015, Navarro was sentenced to a term of 60 months (5 years) imprisonment, to be followed by 4 years of supervised release. Evidence at Navarro’s sentencing hearing showed that in early 2014, a semi-truck containing somewhere between 1,500 pounds and 2,500 pounds of marijuana was delivered to the Omaha area. The truck was also hauling eggplants to help conceal the marijuana. Navarro arranged for the use of a storage facility to unload the marijuana. Navarro, who owned Navarro Construction, used a forklift from his business to help unload the marijuana, and at times used company trucks in delivering the marijuana to his customers. Navarro and Ponce owed approximately $1,000,000 to Ponce’s suppliers for the marijuana, and they worked together on selling the marijuana in the months after it was delivered. When police executed a search warrant at a residence in Council Bluffs, Iowa in May of 2014, they recovered approximately $160,000 of United States currency. Most of that money was proceeds from Navarro’s marijuana sales, and was to be delivered to Ponce’s suppliers as a partial payment for the marijuana.
In addition to selling marijuana, Navarro also purchased a 2014 Ram 1500 pickup truck in the name of one of his companies, “D.N. Inc.” Ponce, whose primary source of income was from drug trafficking, wished to purchase a vehicle. Because Ponce would not be able to obtain financing for the vehicle given his illegal occupation, Ponce and Navarro reached an agreement or understanding that Navarro would purchase the vehicle for Ponce and finance the vehicle. Ponce agreed to make payments to Navarro for the pickup truck, and the truck was then used exclusively by Ponce.
The Honorable Joseph F. Bataillon, Senior United States District Court Judge, presided over the hearings in Ponce and Navarro’s case.
This case was investigated by the Greater Omaha Safe Streets Task Force, the Federal Bureau of Investigation, IRS Criminal Investigation, and the Drug Enforcement Administration. The Greater Omaha Safe Streets Task Force is comprised of the following agencies: The Omaha Police Department, The Bellevue Police Department, The LaVista Police Department, The Council Bluffs Police Department, The Douglas County Sheriff’s Office, and The Nebraska State Patrol.
Omaha Couple Sentenced for Federal Prostitution Related OffensesRead the Press Release
United States Attorney Deborah R. Gilg announced that on November 20, 2015, Louis A. Venditte, 67, of Omaha, Nebraska, was sentenced for four federal felony prostitution related offenses, which include conspiracy to transport an individual in interstate commerce with intent that such individual engage in prostitution, to persuade, induce, entice, and coerce an individual to travel in interstate commerce to engage in prostitution, and to use a facility in interstate commerce in aid of a racketeering enterprise, in violation of 18 U.S.C. § 371; transportation for purposes of prostitution, in violation of 18 U.S.C. § 2421; inducement and enticement to engage in prostitution, in violation of 18 U.S.C. § 2422(a); and use of a facility in interstate commerce in aid of a racketeering enterprise, in violation of 18 U.S.C. § 1952(a)(3)(A). The Honorable Joseph F. Bataillon, Senior United States District Court Judge, sentenced Louis A.Venditte to a 1 year and 1 day term of imprisonment. There is no parole in the federal system.
On November 20, 2015, Ruby A. Venditte, 67, of Omaha, Nebraska, was sentenced for one felony count of conspiracy to transport an individual in interstate commerce with intent that such individual engage in prostitution. The Honorable Joseph F. Bataillon, Senior United States District Court Judge, sentenced Ruby A. Venditte to a 3 year term of probation.
An investigation conducted by the Federal Bureau of Investigation, Omaha Police Department, and Douglas County Sheriff’s Department determined that from at least 2003 through October, 2013, the Vendittes operated an establishment located at 623 South 16th Street, Omaha, Nebraska. The business was last identified by the name “Goodfellas.”
Goodfellas was advertised as a club featuring “exotic dancers” who appeared on stage in bikinis or similar attire, but in fact was operated as a prostitution enterprise. Goodfellas was typically open for only a few hours each evening during which time customers would engage in sex acts with female workers.
After being hired, female workers were encouraged to engage in prostitution with customers for a monetary fee. While operating as a prostitution enterprise, the Vendittes transported at least one female to and from the State of Iowa to Goodfellas with the intent she would engage in prostitution.
Customers engaged in sex acts with female workers for prices ranging from $100 to $200. The sex acts typically occurred within the Goodfellas’ premises in the two bedrooms in the upper area of the building. Payments for sex acts were cash. At the end of the evening the Vendittes would split money made from commercial sex acts with the female workers. While operating as a prostitution enterprise, at no time did Goodfellas report earnings to the Internal Revenue Service.
The case was investigated by the Federal Bureau of Investigation, Omaha Police Department, and Douglas County Sheriff’s Department.
Macy Man Sentenced for Negligent Child AbuseRead the Press Release
United States Attorney Deborah R. Gilg announced today that Victor Ray Miller, age 24, Macy, Nebraska, was sentenced for his conviction for negligent child abuse. Senior United States Judge Joseph F. Bataillon sentenced Miller to serve a term of probation of five years. While on probation, Miller will be required to complete a residential program at the Nebraska Urban Indian Health Coalition in Omaha, Nebraska. He was further ordered to perform community service of 20 hours per week for any week that he remains unemployed.
On October 27, 2015, Miller was minding his 14 month old daughter at his home in Macy, Nebraska. Miller had injected some methamphetamine but left a baggie containing other methamphetamine on a stand within reach of his daughter. Miller left his daughter alone while he went to take a shower, and when he came back, he found that his daughter had ingested the methamphetamine.
The child was taken to the Indian Health Service Hospital in Winnebago, but was transferred to St. Luke’s Hospital in Sioux City and then on to Children’s Hospital in Omaha. The child initially was highly agitated and inconsolable and her EKG showed tachycardia. She was treated with a medication regimen recommended by the National Poison Control Center and was released from the hospital three days later.
This case was investigated by the Federal Bureau of Investigation.
Mexican National Sentenced to 20 Years Imprisonment for Distributing Methamphetamine, Heroin, and Cocaine in Madison and Norfolk, NebraskaRead the Press Release
United States Attorney Deborah R. Gilg announced that Eduardo Valenzuela-Nunez, 34, of Sonora Mexico, was sentenced on November 19, 2015, to 20 years in prison by United States District Judge John M. Gerrard. Valenzuela-Nunez had previously pled guilty for his involvement in a conspiracy responsible for distributing hundreds of pounds of controlled substances in Nebraska as well as throughout the United States. Locally, the conspirators were involved in the distribution of multiple pounds of “ice” methamphetamine, heroin, and cocaine in the Madison and Norfolk, Nebraska, areas dating back to January of 2002.
This case was the result of a joint investigation by the Drug Enforcement Administration, the Nebraska State Patrol, and Homeland Security Investigations.
Omaha Woman Sentenced for Conspiracy to Distribute OxycodoneRead the Press Release
United States Attorney Deborah R. Gilg announced that Christina Hingorani, 30, of Omaha, Nebraska, was sentenced on November 10, 2015, by United States District Senior Judge Joseph F. Bataillon. This case involved a conspiracy to distribute and possess with intent to distribute oxycodone in Omaha. The defendant was sentenced to time served, a three year term of supervised release, and a $100 special assessment.
This case was investigated by the Drug Enforcement Administration.
Ralston Man Sentenced for Manufacturing Explosives Without A LicenseRead the Press Release
United States Attorney Deborah R. Gilg announced that on November 6, 2015, Jeffrey Belmont, 50, of Ralston, Nebraska was sentenced for his conviction for manufacturing explosives without a license. Senior United States District Judge Joseph F. Bataillon sentenced Belmont to six months of imprisonment to be followed by two years of supervised release.
A search of Belmont’s home was conducted on June 24, 2014. Immediately prior to the execution of the search warrant, the defendant told investigators that he had made some fireworks the previous day in a shed behind his house. A search of the shed yielded numerous items associated with the clandestine manufacturing of what are commonly referred to as M-80 style IEDs. Thirty-six fully completed IEDs were located along with an additional twenty-eight partially completed IEDs which just needed fuses. Large quantities of potassium perchlorate and aluminum powder, chemicals used to make flash powder, were also recovered along with spools of fuse and large quantities of cardboard tubes and endcaps used in making the M-80 style IEDs.
This case was investigated by the Bureau of Alcohol, Tobacco and Firearms.
South Sioux City Man Sentenced to more than 10 Years in Prison for Conspiring to Distribute MethamphetamineRead the Press Release
United States Attorney Deborah R. Gilg announced that Carlos Saul Vargas-Romero, 30, of South Sioux City, Nebraska, was sentenced on October 27, 2015, to 121 months in prison by United States District Judge Laurie Smith Camp. Vargas-Romero had previously pled guilty to Conspiracy to Distribute more than 50 grams of Methamphetamine for his involvement in a conspiracy to distribute multiple pounds of methamphetamine in the South Sioux City Nebraska area. After serving his sentence Vargas-Romero will likely be deported as he is currently in the country illegally.
This case was the result of an investigation by the Drug Enforcement Administration and Nebraska State Patrol.
Stratton Man Convicted of Producing Child PornographyRead the Press Release
United States Attorney Deborah R. Gilg announced that Anthony James "AJ" Horton, 46, formerly of Stratton, Nebraska, was sentenced on October 21, 2015, in Lincoln, Nebraska, to 28 years in prison by United States Senior District Judge Richard G. Kopf, for production of child pornography. After serving his prison sentence Horton will also be required to serve 10 years on supervised release and continue to register as a sex offender. Horton had been previously convicted of sexual assault of a child in Colorado in 1995 and was already required to register as a sex offender. The sentence handed down today will run concurrently with any future state prison sentence imposed upon Horton by the District Court of Hitchcock County for state charges to which Horton has pleaded guilty, including an unrelated sexual assault in Hitchcock County. In addition to the prison term, the Court ordered the forfeiture to the United States of 25 items of computer and surveillance equipment used by Horton in the commission of the illegal activity.
In October, 2014, based on numerous reports of sexual assaults and illegal drug activity, investigators executed a search warrant at Horton's residence in Stratton, Hitchcock County, Nebraska. During the execution of that search warrant, various items of computer and camera equipment were located. A later forensic examination of that equipment revealed numerous videos of sexually explicit conduct that Horton had produced of himself and a minor victim. Horton pleaded guilty to manufacturing child pornography between April 1, 2013 and September 1, 2013 in the District of Nebraska.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Nebraska State Patrol and the CODE Drug Task Force.
Mexican National Sentenced to Ten Years for Child PornographyRead the Press Release
Luis Armando Moreno-Ayala, 35, a national of Mexico, was sentenced in federal court Monday, October 19, 2015, in Omaha, Nebraska, for receiving child pornography. The Honorable Laurie Smith Camp, Chief United States District Court Judge, sentenced Moreno-Ayala to a ten-year term of imprisonment. There is no parole in the federal system. After his release from prison, Moreno-Ayala will begin a five-year term of supervised release and most likely will be deported from the United States. Moreno-Ayala was further ordered to pay restitution in the sum of $3,000.
Moreno-Ayala was previously deported from the United States. On September 30, 2013, officers with the FBI Cyber Crimes Task Force were investigating individuals sharing child pornography over the internet. The investigation resulted in a search warrant at a Sarpy County home where Moreno-Ayala rented a room. Forensic analysis of Moreno-Ayala’s hard drives revealed more than 900 videos and 1,200 images of child pornography. These images included toddlers and preteens engaged in sexual acts to include bondage.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Federal Bureau of Investigation and the Sarpy County Sheriff’s Office.
Omaha Man Sentenced to more than 11 years in Prison for Possessing Methamphetamine and a FirearmRead the Press Release
United States Attorney Deborah R. Gilg announced that Raymond A. Vanvalkenburg, 31, of Omaha, Nebraska, was sentenced on October 16, 2015, to 137 months in prison by Senior United States District Judge Joseph Bataillon. Vanvalkenburg had previously pled guilty after Omaha police officers arrested him on November 10, 2014, on an assault warrant. At the time of his arrest, Vanvalkenburg was found in possession of a baggie containing more than 8 grams of methamphetamine and a handgun.
Vanvalkenburg’s sentence was increased by 5 years because he possessed a firearm in connection with the methamphetamine. After serving his sentence Vanvalkenburg will be required to serve a Term of Supervised Release of 4 years.
This case was the result of an investigation by the Omaha Police Department.
Man Sentenced for Possession with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Deborah R. Gilg announced that on October 15, 2015, Andrew Jose Espinoza, 43, was sentenced to 15 years and 8 months (188 months) in prison for possession with intent to distribute 50 grams or more of a mixture or substance containing methamphetamine, a mixture or substance containing cocaine, and a mixture or substance containing marijuana on October 16, 2014. Following the prison term, Espinoza will serve five years on supervised release.
On October 16, 2014, Espinoza was contacted by narcotics officers at a Lincoln motel and gave the officers consent to search his room which led to the finding of a total of approximately 95 grams of a substance containing methamphetamine, approximately one ounce of marijuana and a small amount of cocaine. Espinoza admitted he knew about the drugs in the room, that he had used methamphetamine just prior to the officers’ arrival, and that he was aware there was cash in the room obtained from drug sales.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
Columbus Woman Sentenced to 70 Months in Prison for Conspiring to Distribute MethamphetamineRead the Press Release
United States Attorney Deborah R. Gilg announced that Alicia Martinez, 23, of Columbus, Nebraska, was sentenced on October 5, 2015, to 70 months in prison by Chief United States District Judge Laurie Smith Camp. Martinez had previously pled guilty after Columbus police officers executed a search warrant on her Columbus residence on December 18, 2014. Martinez and her boyfriend were found inside along with packaging materials, drug scales, approximately ¼ pound of cocaine and 1 ¼ pound of methamphetamine, 3 handguns, two shotguns, and approximately $32,000.
The investigation revealed that Martinez and her boyfriend had on several occasions traveled to California where they received quantities of methamphetamine ranging from 2-4 pounds. They then returned with the methamphetamine and sold it in the Columbus area.
After serving her sentence Martinez will be required to serve a Term of Supervised Release of 4 years.
This case was the result of an investigation by the Nebraska State Patrol and the Columbus Police Department.
Man Sentenced for Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Deborah R. Gilg announced today that Charles M. Perkins, Jr., age 50, was sentenced today by Senior United States District Judge Joseph for his conviction for failure to register as a sex offender. Perkins was sentenced to 18 months imprisonment to be followed by five years of supervised release.
Perkins, a transient, was originally convicted of first degree rape in Ohio in 1988. In 2006, he was convicted in Ohio of failure to register as a sex offender. In November of 2014, Perkins came to Nebraska and began living at the Sienna Francis House in Omaha. However, he 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.
September Grand JuryRead the Press Release
United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 21 indictments charging 27 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.
* Francisco Avitia-Marquez, a/k/a Arturo Sanchez-Reyes, age 48, of Grand Island, is charged in a two-count indictment. Count I of the Indictment charges the defendant with possession with intent to distribute 50 grams or more of a mixture containing methamphetamine on or about September 10, 2015. 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 the defendant with illegal re-entry after felon conviction. 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.
* Guillermo Campos Paiz, age 26, of Lincoln, is charged with illegal reentry into the United States on or about September 9, 2015, following deportation. 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 Cardenas-Vizcaya, age 26, of Omaha, is charged with illegal reentry into the United States on or about August 27, 2015, following deportation. 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.
* Bradley Courcier, age 52, of Omaha, is charged in a four-count indictment. Count I of the Indictment charges the defendant with conspiracy to distribute and possess with intent to distribute 5 grams of actual methamphetamine beginning on or about March 1, 2015 and continuing to on or about July 15, 2015. 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 and III of the Indictment charge the defendant with distribution of a mixture containing methamphetamine. 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 Courcier with possession with intent to distribute 5 grams of actual methamphetamine on or about July 15, 2015. 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.
* Jose Alejandro Oropeza, age 55, and Julieta Noyola Dominguez, age 52, are charged with possession with intent to distribute 500 grams of a mixture containing methamphetamine on or about August 30, 2015. 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.
* Carlos Escobar, age 21, of Grand Island; Jose Hernandez-Vallejo, age 29, of Denver, Colorado; and Santos Ramirez-Morales, age 35, of Grand Island, NE, are charged with conspiracy to distribute and possess with intent to distribute a mixture containing methamphetamine beginning on or about September 6, 2015, and continuing to on or about September 8, 2015. 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 Antonio Espinoza Martinez, age 40, of South Sioux City, Nebraska, is charged with illegal reentry into the United States on or about August 27, 2015, following deportation. 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 Garcia Rodriguez, age 26, of South Sioux City, Nebraska, is charged with illegal reentry into the United States on or about September 14, 2015, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Jose Gonzalez-Legarda, age 46, is charged with possession with intent to distribute a mixture containing methamphetamine on or about September 7, 2015. 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.
* Junian Johnson, age 39, is charged with felon in possession of ammunition on or about August 21, 2015. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Jovencio Limosnero, age 34; Shanne Arre, age 29; Mark Thompson, age 24, and Joshua Ryan, age 26, are charged with conspiracy to distribute and possess with intent to distribute 50 grams of a mixture containing methamphetamine beginning on or about September 9, 2015. 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.
* Jason Meisinger, age 32, of Omaha, is charged with conspiracy to distribute and possess with intent to distribute cocaine beginning on or about June 2014 and continuing to on or about August 11, 2015. 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.
* Sandro Antonio Pereza Acosta, age 34, of Lincoln, is charged with illegal reentry into the United States on or about September 11, 2015, following deportation after conviction for a felony offense. 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.
* Sara Peterson, age 30, of Omaha, is charged with felon in possession of a firearm on or about August 21, 2015. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Rashad L. Pettis, age 27, of Omaha, is charged with felon in possession of a firearm on or about September 16, 2015. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* John Randall, age 31, of Lincoln, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with receipt and distribution of child pornography from at least on or about august 17, 2015, to on or about September 3, 2015. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, supervised release for Life, and a $5,000 special assessment. Count II of the Indictment charges Randall with possession of child pornography on or about September 3, 2015. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, supervised release for Life, and a $5,000 special assessment. The indictment also alleges any and all property, real or personal, that constitutes or is derived, directory or indirectly, as a result of the said violation, should be forfeited to the United States.
* Manuel Rios-Ramirez, age 45, of Grand Island, is charged in a two-count Indictment. Count 1 of the Indictment charges the defendant with possession with intent to distribute 500 grams or more of a mixture containing methamphetamine on or about September 10, 2015. The maximum possible penalty if convicted is 10 years to 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 Rios-Ramirez with illegal reentry into the United States on or about September 10, 2015, following deportation. 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.
* Ernesto Soto Vargas, age 44, of Omaha, is charged with illegal reentry into the United States on or about September 4, 2015, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Michael Sparks, age 50, of Grand Island, is charged with possession with intent to distribute a mixture containing methamphetamine on or about September 7, 2015. The maximum possible penalty if convicted is 20 imprisonment, a $1,000,000 fine, a 3 year term of supervised release, and a $100 special assessment. The indictment also alleges any and all property, real or personal, that constitutes or is derived, directory or indirectly, as a result of the said violation, should be forfeited to the United States.
* Joseph Sullivan, age 19, of Omaha, is charged with possession with intent to distribute Less than 10 kilograms of hashish from an unknown date but at least as early as June 30, 2015, up to and including July 7, 2015. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 2 year term of supervised release, and a $100 special assessment. The indictment also alleges any and all property, real or personal, that constitutes or is derived, directory or indirectly, as a result of the said violation, should be forfeited to the United States.
* Carlos Villa Martinez, age 34, of Omaha, is charged with illegal reentry into the United States on or about September 11, 2015, following deportation. 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.
California Man Sentenced for Drug and Gun ChargesRead the Press Release
United States Attorney Deborah R. Gilg announced that on September 23, 2015, a Sacramento, California, man was sentenced to 97 months in prison for possession with intent to distribute methamphetamine and marijuana and possession of a firearm in furtherance of a drug offense. Anthony Shaquille Harris was sentenced to 37 months for the drug charge and a consecutive sentence of 60 months on the gun charge. He will serve three years on supervised release after he completes the prison terms. He was also ordered to pay $200 in special assessments.
Harris was arrested by officers of the Lincoln Police Department on February 16, 2015, after officers executed a search warrant at the Lincoln apartment where Harris was staying. During that search, officers found approximately 160 grams of methamphetamine and a small amount of marijuana. Officers also found a 9mm handgun with a loaded magazine, a shotgun, and various types of ammunition.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.