FEDERAL DISTRICT ARCHIVE
District of Nebraska
Press releases recorded for this federal judicial district.
June Grand JuryRead the Press Release
United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 11 indictments charging 12 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Juan Arturo Bahena Arce, age 31, of Omaha, is charged with illegal reentry into the United States on or about June 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.
* Ramiro Bautisa Martinez, age 37, of Omaha, is charged with illegal reentry into the United States on or about May 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.
* Roberto Garcia Aquino, age 26, of Omaha, is charged with illegal reentry into the United States on or about May 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.
* Rodrigo Jordan Gastelum-Flores, age 25, of San Ysidro, California, is charged with possession with intent to distribute 1 kilogram or more of a mixture containing heroin on or about June 7, 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.
* Ruben Hernandez-Arellano, age 39, of Fremont, is charged with illegal reentry into the United States on or about May 19, 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.
* Joshua J. Just, age 38, of Funk, Nebraska, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with receipt of child pornography from on or about December 22, 2014, and continuing to on or about April 9, 2015. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, supervised release for Life, and a $100 special assessment. Count II of the Indictment charges Just with possession of child pornography on or about April 9, 2015. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, supervised release for Life, 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.
* Rochelle L. Klug, age 29, of Niobrara, Nebraska, is charged with federal program theft. The defendant was an agent of the Santee Indian Reservation Housing Authority and allegedly took cash from the Santee Housing Authority totaling more than $20,000. 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.
* Paul D. Martin, age 45, of Kearney, is charged in a thirty-six count Indictment. Counts 1–12 of the indictment charge the defendant with delivery of misbranded drugs on various dates from on or about August 23, 2013, and to on or about July 25, 2014. The maximum possible penalty if convicted is 3 years imprisonment, a $10,000, fine, a 1 year term of supervised release, and a $100 special assessment for each count. Counts 13-24 of the Indictment charge Martin with mail fraud beginning as early as September 1, 2010, and continuing to July 30, 2014. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment for each count. Counts 25-36 of the Indictment charge the defendant with wire fraud beginning as early as September 1, 2010, and continuing to July 30, 2014. 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.
* Zenia Miller, age 56, of Omaha and Home Care Services, Inc., Omaha, Nebraska, are charged in a seventeen-count Indictment. Counts 1-10 of the Indictment charge the defendants with health care fraud from on or about September 1, 2012, and continuing until on or about September 30, 2014. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment for each count for defendant Miller and a $500,000 fine and $400 special assessment for Home Care Services, Inc. Counts 11-17 of the Indictment charge Miller and Home Care Services, Inc., with wire fraud from on or about September 1, 2012, and continuing until on or about September 30, 2014. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment for each count for defendant Miller and a $500,00 fine and $400 special assessment for each count for Home Care Services, Inc. According to the indictment the defendants allegedly billed Medicaid for services that were never rendered.
* Gerry L. Pierce, age 54, 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 November 30, 2013, to on or about April 7, 2015. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, supervised release for Life, and a $100 special assessment. Count II of the Indictment charges Pierce with possession of child pornography from at least on or about November 30, 2013 to on or about February 18, 2015. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, supervised release for Life, 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.
* Juan C. Reyes-Ramos, age 31, of Omaha, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine and cocaine on or about October 14, 2013. 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 Reyes-Ramos with possession with intent to distribute a mixture containing methamphetamine on or about May 22, 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. The indictment also alleges any and all property, that constitutes or is derived, from proceeds of the violations or used to facilitate the commission of the violations should be forfeited to the United States.
Washington Men Sentenced for Wire Fraud and Conspiracy to Commit Wire FraudRead the Press Release
United States Attorney Deborah R. Gilg announced that on June 15, 2015, United States District Judge Laurie Smith Camp sentenced Charles V. Garcia of Othello, Washington, age 43, to a 12 month and 1 day term of imprisonment, following his conviction for conspiracy to commit wire fraud. After his release from prison, Garcia will begin a term of supervised release of 3 years. Garcia was also ordered to make restitution in the amount of $605,592.53.
On June 15, 2015, United States District Court Judge Laurie Smith Camp also sentenced Jose L. Sanchez, Jr. of Marysville, Washington, age 48, to a 5 month term of imprisonment, following his conviction for conspiracy to commit wire fraud. After his release from prison, Sanchez will begin a term of supervised release of 3 years. Sanchez was also ordered to make restitution in the amount of $53,054.90.
Previously, on February 2, 2015, United States District Court Judge Laurie Smith Camp sentenced Donald James Wilson of Bothell, Washington, age 44, to a 41 month term of imprisonment, following his conviction for wire fraud. After his release from prison, Wilson will begin a term of supervised release of 3 years. Wilson was also ordered to make restitution in the amount of $605,592.53.
Beginning in 2007 and continuing through 2011, Wilson, Garcia, and Sanchez made materially false and fraudulent representations to ConAgra that Wilson was using GTL Enterprises, Inc., a company owned by Garcia which is located in Othello, Washington, and All Out Athletics, a company managed by Sanchez which was formerly located in Marysville, Washington, as vendors to provide promotional trips, activities, and materials to ConAgra’s customers.
Wilson would submit to ConAgra fake GTL Enterprises, Inc. and All Out Athletics invoices for promotional trips, activities, and materials purportedly provided to ConAgra’s customers. ConAgra made payments related to the fake vendor invoices directly to GTL Enterprises, Inc. and All Out Athletics. Garcia and Sanchez assisted Wilson with the scheme by collecting and cashing the ConAgra payments. From at least November, 2007, and continuing through at least November, 2011, Wilson submitted to ConAgra at least twenty-nine (29) fake vendor invoices for payments totaling $605,592.50.
Wilson, Garcia, and Sanchez used the monies received from ConAgra for personal expenses unrelated to ConAgra and its customers.
This case was investigated by the Federal Bureau of Investigation.
May Grand JuryRead the Press Release
United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 22 indictments charging 24 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.
* Elmar Argueta Luna, age 25, of Omaha, is charged with illegal reentry into the United States on or about April 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.
* Jacob J. Barrickman and Brianna M. Hampton, are charged with possession with intent to distribute 50 grams or more of a mixture containing methamphetamine on or April 30, 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.
* Heather Baxter, age 36, of Omaha, is charged with assault with a dangerous weapon on or about July 16, 2014. The maximum possible penalty if convicted is 10years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Kenneth R. Carufel, age 27, of Santee, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with assault causing serious bodily injury on or about May 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. Count II of the Indictment charges Carufel with assault on a juvenile less than 16 years of age causing substantial bodily injury on or about May 6, 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.
- Gilberto Ceballos Aguiano, aka Juan Aroyo, age 49, and Francisco Hernandez-Perez, aka Jencarlos F. Josias and/or Hugo Rodriguez-Carbajal, age 28, both of Omaha, are charged in an eight-count Indictment. Count I of the Indictment alleges that from on or about February 17, 2015, and continuing until on or about May 13, 2015 the defendants did conspire to distribute counterfeit identification documents. 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. Counts II and III of the Indictment allege that on or about February 24, 2015 and on or about March 30, 2015, Aguiano distributed counterfeit social security cards. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment for each count. Counts IV, V, and VIII of the Indictment charges Hernandez-Perez with identity theft on or about February 24, March 1, and March 30, 2015. The maximum possible penalty if convicted is 5 years imprisonment, a 3 year term of supervised release, and a $100 special assessment for each count. Count VI of the Indictment charges Hernandez-Perez with false representation of a social security number on or about May 12, 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. Count VII of the Indictment charges Hernandez-Perez with falsely representing a Social Security account number as belonging to him for the purpose of obtaining a benefit to which he was not entitled on or about March 1, 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.
* Chase Alexander Cleveland, age 29, of Winnebago, is charged with aggravated sexual abuse by force or threat on or about February 3, 2015. The maximum possible penalty if convicted is Life imprisonment, a $250,000 fine, supervised release for Life, and a $100 special assessment.
* James S. Coder, age 33, of Bellevue, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with receipt and distribution of child pornography from between on or about August 30, 2011 and continuing to on or about February 20, 2015. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, supervised release for Life, and a $100 special assessment. Count II of the Indictment charges Coder with possession of child pornography on and before March 3, 2015. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, supervised release for Life, and a $100 special assessment.
* Eric Conn, age 46, of Stamford, Nebraska, is charged with felon in possession of a firearm on or about May 2, 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.
* Raul Espinoza-Amezquita, age 29, of Lincoln, is charged with illegal reentry into the United States on or about May 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.
* Gabriel Figueroa Martinez, 37, of Lincoln, is charged with illegal reentry into the United States on or about May 13, 2015, following deportation after conviction for a felony offense. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Roberto Jimenez-Diaz, age 44, of Omaha, is charged with illegal reentry into the United States on or about April 22, 2015, following deportation. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Jose Jesus Martinez, 34, of Lincoln, is charged with illegal reentry into the United States on or about May 13, 2015, following deportation after conviction for a felony offense. 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.
* Victor Ray Miller, 23, of Macy, is charged with felony child abuse on or about October 27, 2014. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Mikel Miller, age 51, of Fremont, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with receipt and distribution of child pornography from on or about March 3, 2015, and continuing to on or about April 21, 2015. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, supervised release for Life, and a $100 special assessment. Count II of the Indictment charges Miller with possession of child pornography on or before April 21, 2015. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, supervised release for Life, and a $100 special assessment.
* Adrean Newson, 24, of Omaha, is charged with possession of counterfeit currency on or about January 5, 2015. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Williams Perez-Fernandez, 36, of Lincoln, is charged with illegal reentry into the United States on or about May 6, 2015, following deportation after conviction for a felony offense. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 5 year term of supervised release, and a $100 special assessment.
* Lazaro Rivero-Mateo, 39, of Omaha, is charged with illegal reentry into the United States on or about April 22, 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.
* Koren Russell, 31, of Walthill, Nebraska is charged with negligent child abuse on or about May 20, 2014. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Juan Saquic Velasquez, 28, of Grand Island, is charged with illegal reentry into the United States on or about April 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.
* Kendell Tealer, age 28, is charged in a two-count Second Superseding Indictment. Count I of the Indictment charges the defendant with committing a violent crime, specifically murder, in aid of racketeering activity on or about December 18, 2010. The maximum possible penalty if convicted is Death or not less than life imprisonment, a $250,000 fine, and a $100 special assessment. Count II of the Indictment charges Tealer with felon in possession of ammunition on or about December 18, 2010. 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. According to ATF Special Agent in Charge Greg Gant, “This indictment is a testament to the ongoing efforts of the ATF, the United States Attorney’s Office and the Omaha Police Department to identify and bring to justice those who choose to use firearms as tools of violence and intimidation. Together, we will continue to tirelessly pursue violent armed criminals, whose actions degrade the quality of life of those who live and work in our community.”
* Scott T. Tran, age 44, of Waterloo, NE, is charged in an eighteen-count Superseding Indictment. It alleges from on or about May 18, 2009, and continuing until on or about February 16, 2015 the defendant executed a scheme to defraud a health care benefit program. Scott Tran submitted false and fraudulent claims to the Nebraska Medicaid program seeking payment for providing a prescription drug to certain Nebraska Medicaid recipients when the defendant well knew the prescription drug had not been provided to those recipients. During the course of the scheme these claims totaled approximately $14,430,059.17. 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, from gross proceeds traceable to the commission of the offense, should be forfeited to the United States.
* Daniel Zavala-Vera, age 37, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with possession with intent to distribute 50 grams of methamphetamine on or about April 7, 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 Zavala-Vera with possession of a firearm in furtherance of a drug trafficking crime on or about April 7, 2015. The maximum possible penalty if convicted is 5 years to Life imprisonment, a $250,000 fine, a 5 year term of supervised release, and a $100 special assessment. The Indictment also contains an allegation to forfeit proceeds of the offense or property used to commit the offense, including $95,413.00 in U.S. currency.
Bellevue Man Sentenced to 30 Years for Producing and Transporting Child PornographyRead the Press Release
Christopher D. Brackett, 37, was sentenced in federal court in Omaha, Nebraska, for producing, transporting, and possessing child pornography. Brackett was convicted after a jury trial on all three charges. The Honorable Lyle E. Strom, Senior United States District Court Judge, sentenced Brackett to a term of imprisonment of 360 months for producing child pornography, 360 months for transporting child pornography, and 240 months for possessing child pornography. The sentences were ordered to run concurrently. There is no parole in the federal prison system. After his release from prison, Brackett will begin a 20-year term of supervised release.
Brackett was previously convicted in Des Moines County, Iowa, for sexual exploitation of a minor. He photographed a 15-year-old female engaged in sexually explicit conduct. As a result of this prior conviction, he was subject to a 25-year mandatory minimum sentence for producing child pornography.
Brackett traveled from Nebraska to Ohio on two occasions between May and August, 2013, where he photographed a 16-year-old girl engaged in sexually explicit conduct. He transported the images back to Nebraska. He met the girl online and began a relationship with her. He requested more sexually explicit images from her and, when she declined, he exerted pressure on her. When she attempted to end the relationship, he threatened to, and ultimately did, post advertisements on Craigslist purporting to be from the 16-year-old girl. The advertisements listed the girl’s telephone number and address and encouraged others to call or stop by the house to engage in sexual relations. She began receiving numerous texts from interested individuals.
The girl confided in her parents and was brought to her local police department. On September 17, 2013, officers with the Bellevue Police Department in Nebraska executed a search warrant upon Brackett’s residence. Sexually explicit photos of the 16-year-old were found on a Sony laptop computer and Dell desktop computer in the residence.
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 Bellevue Police Department and the Nebraska Internet Crimes Against Children Task Force.
Plainview Man Sentenced for Assault on A Federal OfficerRead the Press Release
United States Attorney Deborah R. Gilg announced today that Chief United States District Court Judge Laurie Smith Camp sentenced Matthew Moniz, Jr., age 27, of Plainview, Nebraska upon his conviction for assaulting a federal officer. Moniz was sentenced to 24 months imprisonment to be followed by three years of supervised release.
On April 5, 2014, Moniz, an enrolled member of the Omaha Tribe of Nebraska, was a passenger in a vehicle being driven on the Winnebago Indian Reservation when a Winnebago Police officer conducted a traffic stop of the vehicle. The officer identified Moniz and determined he had outstanding tribal and state arrest warrants. Moniz resisted arrest when the officer attempted to handcuff him and attempted to flee. When the officer caught Moniz, a struggle ensued and the officer sustained minor bodily injuries.
The Winnebago Officer is employed by the Bureau of Indian Affairs Office of Justice Services.
This case was investigated by the Bureau of Indian Affairs.
Lincoln Couple Sentenced in Connection with Wire Fraud SchemeRead the Press Release
United States Attorney Deborah R. Gilg announced that United States District Court Judge John M. Gerrard sentenced Scott Usher, age 46, and Robin Usher, age 53, both of Lincoln, Nebraska, in connection with a wire fraud scheme. Scott Usher was sentenced on June 9, 2015, to 84 months in prison and ordered to pay restitution in the amount of $519,230.02. Robin Usher was sentenced on June 10, 2015, to five years’ probation and ordered to pay restitution in the amount of $85,878.55. As conditions of her probation Robin Usher is required to submit to 8 months of home confinement with location monitoring and 12 consecutive weekends of confinement in a detention facility.
Scott and Robin Usher, husband and wife, were convicted in connection with a wire fraud scheme orchestrated by Scott Usher. Scott Usher was convicted of wire fraud as a result of his taking money from private lenders and investors purportedly for the purpose of developing new technologies which could be sold to large companies and governments. Among the numerous technologies Scott Usher represented he had developed were windmills that could operate with assistance from solar energy and designs that could inexpensively desalinate seawater. Scott Usher continually represented he had been in negotiations with companies and private individuals and that large transactions were about to close which would yield millions, even billions, of dollars in profit. He also represented he had been in personal conversations with prominent people ranging from the President and Vice-President of the United States to actor Matt Damon all of whom were supposedly interested in his inventions. All of Mr. Usher’s representations, in fact, were lies. He had not developed the technologies he said he had created, he had not been in negotiations with any companies or prominent individuals and there were no lucrative deals about to close. Scott Usher had simply made those representations to induce lenders and investors, primarily from the Lincoln area, to give him money which he used to support himself.
Robin Usher was convicted of being an accessory after the fact to wire fraud. The Ushers had travelled to Hawaii, using funds supplied by lenders and investors, purportedly for the purpose of meeting with representatives of the Chinese government. Scott Usher had previously represented that the Chinese government was close to consummating a deal with him to purchase the right to use his desalinization technologies. The deal was represented to be worth billions of dollars. Mr. Usher’s representations were entirely fabricated. Following the trip to Hawaii, Scott and Robin Usher attended dinner parties in Lincoln restaurants where Scott Usher told investors and lenders that his meetings with the Chinese had gone well. Robin Usher never contradicted Scott Usher or told the investors and lenders that no such meetings had taken place. Thereafter, an additional $85,878.55 in monies were provided by investors and lenders to Scott Usher. Robin Usher’s failure to disclose the truth about the trip to the Hawaii was, in part, responsible for those additional losses. Scott Usher was immediately remanded to the custody of the United States Marshal following sentencing.
This case was investigated by the Federal Bureau of Investigation and the Lincoln Police Department.
Omaha Man Sentenced for Manufacturing Counterfeit Identification DocumentsRead the Press Release
United States Attorney, Deborah R. Gilg, announced that Faustino Suastegui-Villalva, 49, was sentenced by United States District Court Judge Laurie Smith Camp to a total of 54 months in federal prison for his role in the production of counterfeit identification documents. Saustegui, a citizen of Mexico, was arrested on October 22, 2014, after a criminal complaint had been filed against him charging him with possessing five or more counterfeit Social Security cards with the intent to sell them. On November 18, 2014, Suastegui was charged in a superseding indictment with conspiring with Fernando Nevarez-Carreon to manufacture and sell counterfeit Social Security cards. Federal agents had purchased counterfeit Social Security cards and other identification documents on July 16, 2014, July 23, 2014, and September 11, 2014. The investigation of Nevarez-Carreon lead to the presence of Suastegui. Federal agents executed a search warrant at the residence of Suastegui and seized equipment used in the manufacturing operation including various computers on which images of counterfeit identification documents were located. The computer equipment contained over one-hundred fraudulent counterfeit identification documents.
Suastegui was sentenced to 30 months in prison upon his conviction on the conspiracy charge and for a charge of unlawfully transferring identification documents. Judge Smith Camp ordered that he serve an additional 24 months consecutive to the original 30 months for his conviction on the aggravated identity theft charge. After completing his 54 month combined prison sentence, Suastegui will be deported back to his home country of Mexico.
Nevarez-Carreon is scheduled to be sentenced for his role in the case on June 29, 2015.
The investigation was conducted by the Social Security Administration Office of Inspector General and by agents with the Department of Homeland Security.
Winnebago Man Sentenced for Being A Felon in Possession of a FirearmRead the Press Release
United States Attorney Deborah R. Gilg announced today that Kyle Bigbear, age 24, of Winnebago, Nebraska, was sentenced on June 1, 2015 upon his conviction for being a felon in passion of a firearm. Chief United States District Court Judge Laurie Smith Camp sentenced Bigbear to 10 years imprisonment to be followed by a term of supervised release of 3 years.
On September 5, 2014, Bigbear was driving on the Winnebago Indian Reservation while in possession of a rifle. When Bigbear came across a Winnebago resident he had a disagreement with, Bigbear stopped his vehicle and pointed the rifle at the resident. At the time of this incident, Bigbear was prohibited from possession of firearms because he had previously been convicted in Iowa in 2013 for possession with intent to deliver methamphetamine.
This case was investigated by the Bureau of Indian Affairs.
Winnebago Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Deborah R. Gilg announced today that Thomas White, Jr., age 31, of Winnebago, Nebraska was sentenced on June 1, 2015 upon his conviction for assaulting a federal officer. Chief United States District Court Judge Laurie Smith Camp sentenced Thomas to 33 months imprisonment to be followed by a term of supervised release of 2 years.
On October 17, 2014, a Winnebago police officer was on duty at the Winnebago school as school was letting out for the day. White was present on the school grounds as well even though he had been asked to leave the school earlier that day. When the officer approached White, he detected the odor of alcohol. As the officer attempted to detain White, White charged at the officer and struck him on the side of his face. White continued to strike the officer about his head, arms and side until the officer was finally able to gain control of White and place him in handcuffs.
The Winnebago officer is a federal employee who is employed by the Bureau of Indian Affairs Office of Justice Services.
This case was investigated by the Bureau of Indian Affairs.
Omaha Plumbing Business Is Sentenced for Davis-Bacon Act ViolationsRead the Press Release
V & V Construction, Inc., d/b/a Vincentini Plumbing, was sentenced in federal court in Omaha, Nebraska, for false statements relating to violations of the Davis-Bacon Act. The Honorable Laurie Smith Camp sentenced the company to a three-year term of probation. The Court imposed a $25,000 fine and ordered restitution in the sum of $138,643.54. V & V Construction was further ordered to cooperate with the United States Department of Labor in a three-year debarment precluding its participation in federal contracts during the three-year ban.
V & V Construction Inc. does business as Vincentini Plumbing. It is a residential and commercial plumbing company located in Omaha, Nebraska. V & V Construction was a sub-contractor for two building projects for the Council Bluffs Public Schools in Council Bluffs, Iowa. The two schools were federally funded projects requiring compliance with the Davis-Bacon Act. V & V Construction was awarded the plumbing and pipe-laying subcontract for both projects.
The Davis-Bacon Act requires that any participant on a qualifying federal contract pay a prevailing wage. Between June 2010 and continuing until July 2011 V & V Construction falsified certified payroll records to the United States Department of Labor stating that they had paid the required prevailing wage. In fact they had paid employees less than the prevailing wage resulting in a $138,643.54 difference between what they certified as wages paid and actual wages paid.
This case was investigated by the United States Department of Labor.
Omaha Man Convicted of Bank RobberyRead the Press Release
United States Attorney Deborah R. Gilg announced that Quantal Blake, age 28, of Omaha, Nebraska, was convicted of three counts of bank robbery this afternoon following a jury trial this week, in front of the Honorable Laurie Smith Camp. Sentencing has been set for August 24, 2015. The defendant faces a maximum of life imprisonment and a $250,000 fine on each count.
On February 4, 2014, the Premier Bank located at 352 North 114th Street was robbed at approximately 11:15 a.m., when two men ran in, with partially covered faces, and demanded money. They took money from the bank and fled the area. A vehicle they had stolen the night before was used and 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 it was determined Blake was on parole from a prior robbery conviction. As part of his parole he was required to wear an electronic monitoring device on his ankle. The device was tracked by time and location to the places where each robbery occurred, from the locations where both vehicles had been stolen and where all three vehicles had been abandoned after the robberies.
The case was investigated by the Federal Bureau of Investigation and Omaha Police Department.
Lincoln Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Deborah R. Gilg announced that Jason Michael Leatherwood, 41, of Lincoln, was sentenced to 10 years and eight months, (128 months), in federal prison for conspiracy to distribute and possess with intent to distribute 500 grams or more of a mixture or substance containing methamphetamine between about October of 2012 and April of 2014. Following the prison term, Leatherwood will serve five years on supervised release.
Information provided to law enforcement indicated that Leatherwood was responsible for the distribution of at least 1.5 kilograms (approximately three pounds) of methamphetamine. In December of 2013, an undercover officer purchased a small amount of methamphetamine from Leatherwood. In February of 2014, Leatherwood was contacted by law enforcement officers and found to be in possession of methamphetamine residue. At that time, he admitted he had been selling small amounts of methamphetamine for approximately two years. In April of 2014, Leatherwood was contacted again and was found to be in possession of approximately ¼ ounce of methamphetamine.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
Nebraska LECC Criminal Justice ConferenceRead the Press Release
The 28th Annual Nebraska Law Enforcement Coordinating Committee (LECC) Criminal Justice and County Attorney’s Conference is being held in Kearney, Nebraska May 20-22, 2015 with more than 300 local, state, and federal law enforcement officials and prosecutors attending.
The conference is designed to bring training to law enforcement officials and prosecutors in the latest topics impacting the criminal justice system. The conference is annually hosted by the United States Attorney's Office, Nebraska County Attorneys Association and the Nebraska Sheriffs Association.
This year’s topics include:
• Marijuana Legalization – The Consequences of Legalized Marijuana
• Nikko Jenkins Murder Spree Trilogy - Case Presentation and Study
• Winning Strategies for Prosecutors and Law Enforcement from Investigation to Trial
• Asset Forfeiture Changes on the Federal Level
• Supreme Court and Legislative updates
• State-Wide Child Advocacy Centers
• Juvenile Diversion Programs and Juvenile LegislationAwards will be presented during the Thursday evening (May 20th) banquet by United States Attorney Deborah R. Gilg, to criminal justice officials for their outstanding contributions to the criminal justice system and their communities.
Omaha Man Sentenced to 16 Years Imprisonment for Arson and Insurance FraudRead the Press Release
United States Attorney Deborah R. Gilg announced that on May 14, 2015, Thomas Schropp, 53, of Omaha, Nebraska, was sentenced for arson and insurance fraud. Senior United States District Judge Joseph F. Bataillon sentenced Schropp to a 16-year term of imprisonment. After his release from prison, Schropp will begin a term of supervised release of 3 years. Additionally, he was ordered to make restitution in the amount of $7.6 million to various victims of his crimes, including Sentry Insurance, various banks and the U.S. Small Business Administration.
In November of 2008, Schropp, the owner of PK Manufacturing in Nashville, Nebraska, hired an individual to burn down his business and then after the burning of the building submitted a false insurance claim for approximately $4.3 million.
This case was the result of an investigation by the Washington County Sheriff’s Office and the United States Postal Inspection Service.
Summer Camps Must Reasonably Accommodate Children with DisabilitiesRead the Press Release
Summer camps are legally required to make reasonable accommodations to accept children with disabilities, U.S. Attorney Deb Gilg announced today.
With summer approaching, parents are beginning to think about sending their children to summer camps. To help ensure that children with disabilities receive the opportunity to attend summer camp, the U.S. Attorney’s Office will be sending a flyer to summer camps located within the District of Nebraska reminding them of their obligations under the Americans with Disabilities Act (“ADA”).
Under the ADA, summer camps, both private and those run by municipalities, must make reasonable modification to enable campers with disabilities to participate fully in all camp programs and activities. This generally means that children with disabilities are entitled to attend any camp or activity that non-disabled children attend, that camps must evaluate each child on an individual basis, and that camps must train their staff in the requirements of the ADA. Camps are obligated to pay for the cost of any reasonable modifications necessary for disabled children to participate in camp activities, and parents should not be charged any additional fee beyond standard camp enrollment costs.
“Summer camps present tremendous growth opportunities for children to learn independence, try new activities and gain self-confidence,” Gilg said. “The law requires camps to provide equal opportunities to disabled children whose needs can be reasonably accommodated.”
Additional information about the ADA is available at www.ada.gov, or through contacting the Department of Justice ADA Information Line at 800-514-0301 (voice); 800-514-0383 (TTY) or the U.S. Attorney’s Office at (402) 661-3700.
Iowa Man Sentenced to Seven Months Imprisonment and Seven Years of Supervised Release for Failing to Register as a Sex OffenderRead the Press Release
United States Attorney Deborah R. Gilg announced that on May 11, 2015, Richard Allen Knight, 44, of Shenandoah, Iowa, was sentenced for his failure to register as a sex offender. Senior United States District Judge Lyle E. Strom sentenced Knight to a 7-month term of imprisonment. After his release from prison, Knight will begin a 7-year term of supervised release.
Knight was previously convicted in the State of Oregon of an offense requiring him to register as a sex offender. In July 2014, the United States Marshals Service became aware that Knight was living in Omaha, Nebraska. It was determined that Knight had been in Nebraska for at least three months without registering as a sex offender with the Nebraska State Patrol.
This case was the result of an investigation by the United States Marshals Service.
Woman Sentenced for Filing False Tax ReturnsRead the Press Release
United States Attorney Deborah R. Gilg announced that today, May 11, 2015, United States District Judge John M. Gerrard sentenced Magalita Gelin, to five years’ probation with conditions that she serve 8 months of home confinement and 12 consecutive weekends in jail. Ms. Gelin was also ordered to pay $56,508 in restitution.
From February, 2009, until August, 2010, Magalita Gelin and Joshua Miles electronically filed fraudulent tax returns for a number of people and received refunds from these bogus returns. People who were generally not previously known to Miles and Gelin went to the Miles-Gelin residence in Bellevue, Nebraska, and had the bogus tax returns prepared and filed. Some individuals in whose name returns were filed were jail inmates where Miles worked. The bogus tax returns were false in a number of respects, including: (1) the returns claimed the taxpayer had worked, typically at Wendy’s, Burger King, Walmart, or Omaha Steaks, when no such employment occurred, and the corresponding W2 and claimed income and taxes withheld figures were similarly false; and (2) sometimes there was a claim of exemption for non-existent dependents.
A total of approximately 31 false tax returns were filed claiming refunds totaling approximately $111,444.00, which, in turn, caused the Internal Revenue Service to make bogus tax refund payments to Gelin and Miles totaling approximately $56,508.
“Manipulating our nation’s tax system victimizes all honest law-abiding citizens,” said Sybil A. Smith, IRS Criminal Investigation Special Agent in Charge, St. Louis Field Office.
This case was investigated by the IRS Criminal Investigation Division.
Omaha Man Convicted of Conspiracy to Distribute Counterfeit Identification DocumentsRead the Press Release
United States Attorney Deborah R. Gilg announced Pedro Pani De La Cruz, age 46, of Omaha, Nebraska, was sentenced after having previously pled guilty to conspiracy to distribute counterfeit identification documents. The Honorable Joseph F. Bataillon sentenced De La Cruz to 24 months imprisonment. In the event he is not deported to Mexico when he completes his prison term, he will serve a 3 year term of supervised release.
From December 13, 2013, through July 30, 2014, De La Cruz was manufacturing and selling counterfeit Social Security cards, Lawfully Admitted Permanent Resident cards and Nebraska identification cards. Law enforcement agents searched his residence and found a computer containing thousands of fraudulent documents.
Felipe Moncado was used as a middleman who would collect money from the customers, give it to De La Cruz, and then deliver the documents from De La Cruz back to the customer. Moncado sold counterfeit documents to two different confidential informants. He previously pled guilty to the conspiracy charge and two counts of unlawful transfer of a document. He had served 230 days in prison and was given credit for time served.
The case was investigated by the Department of Homeland Security, Homeland Security Investigations.
Former Omaha Man Convicted of Tax FraudRead the Press Release
United States Attorney Deborah R. Gilg announced that Adam Mwanza, age 43, of Miami, Florida, was convicted Wednesday, May 6, 2015, after a jury found him guilty of 13 counts of tax fraud for his involvement in assisting in the preparation of false tax returns. The Honorable Joseph F. Bataillon presided over the trial that was held last week in United States District Court. Sentencing has been set for August 7, 2015. Mr. Mwanza faces 3 years of imprisonment and a $250,000.00 fine on each count.
Mr. Mwanza was a tax preparer. In tax years 2007 and 2008 he 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 taxpayer received.
The case was investigated by Internal Revenue Service Criminal Investigations.
Sex Offender Sentenced to 33 months for Failing to RegisterRead the Press Release
United States Attorney Deborah R. Gilg announced that Timothy Kirsch, 31, was sentenced in federal court in Omaha for failing to register as a sex offender. The Honorable Joseph F. Bataillon, Senior Judge, sentenced Kirsch to a 33 month term of imprisonment. There is no parole in the federal system. After his release from prison Kirsch will begin a 10 year term of supervised release.
Kirsch was convicted in Page County, Iowa in 2002 of Lascivious Acts with a Child. He was later convicted in Louisiana for failing to register as a sex offender.
Kirsch reported to Iowa authorities that he would be living in Nebraska. He resided at two separate residences in Omaha and failed to register either residence with the Nebraska Sex Offender Registry.
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.
Lincoln Man Sentenced for Distribution of MethamphetamineRead the Press Release
United States Attorney Deborah R. Gilg announced that on May 1, 2015, Gabriel Alonso Ruelas-Lugo, 30, of Lincoln, was sentenced to 70 months in prison for distribution of 50 grams or more of methamphetamine. He was ordered to serve four years on supervised release following the prison term.
On September 11, 2014, Ruelas-Lugo sold 56.83 grams (approximately two ounces) of methamphetamine to an undercover officer working with the Lincoln/Lancaster County Drug Task Force in Lincoln. The officer asked Ruelas-Lugo if the officer could obtain an additional two ounces of methamphetamine, and Ruelas-Lugo agreed, telling the officer to meet with him again in approximately half an hour. At the second meeting, Ruelas-Lugo delivered an additional 56.24 grams of methamphetamine to the undercover officer. Testing indicated that the methamphetamine was over 95% pure. Ruelas-Lugo had made eight prior deliveries to the undercover officer between December of 2013 and August of 2014. Each of those sales involved approximately one ounce of a substance which tested positive for methamphetamine.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
Lincolnites Indicted for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Deborah R. Gilg announced that on April 24, 2015, an Indictment was unsealed charging Nicole Lynn Zabel, a/k/a Nicki Lynn Zabel, age 41, and Kenneth Ali Carman, age 42, both of Lincoln, with conspiracy to distribute 500 grams or more of a mixture or substance containing methamphetamine between January of 2010 and April of 2015. The charge carries a minimum of 10 years and a maximum of life imprisonment, followed by at least five years of supervised release, and a maximum fine of $10,000,000.
Both are scheduled for initial appearances in federal court in Lincoln on Wednesday, April 29, 2015.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
April Grand JuryRead the Press Release
United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 26 indictments charging 28 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.
* Jose Jaime Alburez, age 29, of Omaha, is charged with illegal reentry into the United States on or about April 7, 2015, following deportation. 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.
* Vicente Beltran Barraza, age 40, is charged with conspiracy to distribute and possess with intent to distribute 500 grams or more of a mixture containing methamphetamine beginning on or about November, 2012, and continuing to on or about December, 2014. 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 Roberto Canales Gavarrete is charged with illegal reentry into the United States on or about March 13, 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.
* Javier Carrillo, of Omaha, is charged with possession with intent to distribute 500 grams or more of a mixture containing methamphetamine on or about April 15, 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.
* David Dieguez, age 40, of Fresno, California, is charged with failure to register as a sex offender from on or about July 31, 2014 to March 20, 2015. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, supervised release for Life, and a $100 special assessment.
* Jose Santos Gaytan-Leal, of Carter Lake, Iowa, is charged in a three-count Indictment. Count I of the Indictment alleges that on or about June 20, 2014, 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 June 20, 2014, Gaytan-Leal made a false claim to be a United States citizen with the intent to receive Federal and State benefits and to be employed in the United States. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count III of the Indictment alleges that on or about June 20, 2014, the defendant used a Social Security card and a State of Nebraska Non-Driver License knowing said documents were 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.
* Fredy Hernandez-Castillo, age 33, of Omaha, is charged with illegal reentry into the United States on or about March 13, 2015, following deportation after conviction for a felony offense. 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.
* Joshua Koenig, age 30, and Marco Trejo-Hernandez, age 34, both of Omaha, are charged in a five-count Indictment. Count I of the Indictment charges both defendants with conspiracy to distribute and possess with intent to distribute 50 grams or more of a mixture containing methamphetamine beginning on or about December, 2014 and continuing to on or about February 25, 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 Koenig with possession with intent to distribute 50 grams or more of a mixture containing methamphetamine on or about February 25, 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 III of the Indictment charges Koenig with felon in possession of a firearm on or about February 25, 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 IV of the Indictment charges Trejo-Hernandez with possession with intent to distribute 50 grams or more of a mixture containing methamphetamine on or about March 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. Count V of the Indictment charges Trejo-Hernandez with felon in possession of a firearm on or about March 4, 2015. The maximum possible penalty if convicted is 10 years, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. The Indictment also contains an allegation to forfeit proceeds of the offense or property used to commit the offense, including $11,094.00 in U.S. currency.
* Gerald J. Lachner, age 43, of Papillion, is charged with possession with intent to distribute methamphetamine on or about January 27, 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.
* Rodrigo Lozoya-Portillo, age 31, is charged with illegal reentry into the United States on or about April 1, 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.
* Pedro Lugo-Gamboa, age 29, of Omaha, is charged in a seven-count Indictment. Count I of the Indictment charges the defendant with conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine and a mixture containing cocaine, beginning on or about December 1, 2008, and continuing to on or about March 24, 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. Counts II and III of the Indictment charge Lugo-Gamboa with distribution of a mixture containing cocaine on or about January 14, 2015 and on or about January 26, 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 for each count . Counts IV, V, and VI of the Indictment charge the defendant with distribution of 5 grams or more of methamphetamine on or about February 5, February 20, and March 13, 2015. The maximum possible penalty if convicted is 40 years, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment for each count. Count VII of the Indictment charges Lugo-Gamboa with possession with intent to distribute a mixture containing cocaine on or about March 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. The Indictment also contains an allegation to forfeit proceeds of the offense or property used to commit the offense, including $4,624.00 in U.S. currency.
* Rosa Medina, age 45, and Rafael Echeverria-Silva, age 28, are charged in a two-count Indictment. Count I of the Indictment charges the defendants with conspiracy to distribute and possess with intent to distribute 500 grams or more of a mixture containing methamphetamine beginning on or about February 1, 2014 and continuing to on or about April 16, 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 Medina and Echeverria-Silva with possession with intent to distribute a mixture containing methamphetamine and possession with intent to distribute marijuana on or about April 16, 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.
* Marco Mejia-Ramirez, age 32, is charged with illegal reentry into the United States on or about April 13, 2015, following deportation. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Andres Montejo Mateo, age 42, is charged with illegal reentry into the United States on or about March 18, 2015. 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.
* Gilberto Morales-Garcia, age 41, is charged with illegal reentry into the United States on or about March 18, 2015. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Marco Torres Nuno, age 32, is charged with failure to appear on or about April 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.
* Juan Raul Perez-German, age 46, is charged with illegal reentry into the United States on or about March 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.
* Richard L. Pitman, age 23, of Omaha, is charged in a three-count Indictment. Count I of the Indictment charges the defendant with production of child pornography on or before October 11, 2014. The maximum possible penalty if convicted is not less than 15 years and up to Life imprisonment, a $250,000 fine, supervised release for Life, and a $100 special assessment. Count II of the Indictment charges Pitman with receipt and distribution of child pornography on or about October 11, 2014. The maximum possible penalty if convicted is not less than 5 years and up to 20 years imprisonment, a $250,000 fine, supervised release for Life, and a $100 special assessment. Count III of the Indictment charges the defendant with possession of child pornography on or before March 19, 2015. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, supervised release for Life, and a $100 special assessment.
* Alondra M. Rebolledo, age 32, of Stockton, California, is charged with possession with intent to distribute a mixture containing cocaine on or about January 23, 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.
* Richard E. Rinker, age 60, of Gering, Nebraska, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with receipt and distribution of child pornography from on or about January 1, 2015. The maximum possible penalty if convicted is not less than 16 years and up to 40 years imprisonment, a $250,000 fine, supervised release for Life, and a $100 special assessment. Count II of the Indictment charges Rinker with possession of child pornography on or about February 18, 2015. The maximum possible penalty if convicted is not less than ten years and up to 20 years imprisonment, a $250,000 fine, supervised release for Life, and a $100 special assessment. The indictment also alleges any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the violation alleged in the indictment should be forfeited to the United States.
* Julian Anacleto Manjarrez-Sanchez, age 19, and Juan Manjarrez-Sanchez, age 26, both of Fremont, Nebraska, are charged in a four-count Indictment. Count I of the Indictment charges both defendants with conspiracy to distribute and possess with intent to distribute 500 grams or more of a mixture containing methamphetamine beginning on or about December 1, 2014, and continuing to on or about March 25, 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 both of the defendants with possession with intent to distribute 50 grams or more of a mixture containing methamphetamine on or about December 14, 2014. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment. Count III of the Indictment charges Julian Anacleto Manjarrez-Sanchez with distribution of 50 grams or more of a mixture containing methamphetamine on or about February 23, 2015. The maximum possible penalty if convicted is 40 years, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment. Count IV of the Indictment charges both defendants with possession with intent to distribute 50 grams or more of a mixture containg methamphetamine on or about March 25, 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. The Indictment also contains an allegation to forfeit proceeds of the offense or property used to commit the offense, including $16,856.00 in U.S. currency.
* Frank A. Sanchez, Jr., age 41, is charged with theft of government funds from the Railroad Retirement Board totaling $92,064.00 beginning on or about August, 2009, and continuing to on or about March, 2012. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Roberto Tercero-Bautista, age 37, is charged with illegal reentry into the United States on or about September 6, 2014. 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.
* Scott T. Tran, age 44, of Waterloo, NE, is charged in a twelve-count Indictment. It alleges from on or about May 18, 2009, and continuing until on or about February 16, 2015 the defendant executed a scheme to defraud a health care benefit program. Scott Tran submitted false and fraudulent claims to the Nebraska Medicaid program seeking payment for providing a prescription drug to certain Nebraska Medicaid recipients when the defendant well knew the prescription drug had not been provided to those recipients. During the course of the scheme these claims totaled approximately $2,476.402.00. 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, from gross proceeds traceable to the commission of the offense, should be forfeited to the United States.
* Esteban Vargas, a/k/a Tereso Cabrera, age 46, is charged with illegal reentry into the United States on or about March 18, 2015, following deportation after conviction for a felony offense. 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.
* Danielle Zelazny, age 30, of Bellevue, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with obstructing justice by retaliating against an informant on or about April 8, 2015. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges Zelazny with felon in possession of a firearm on or about April 9, 2015. The maximum possible penalty if convicted is10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
Lincoln Man Sentenced for Possessing Child PornographyRead the Press Release
United States Attorney Deborah R. Gilg announced that Kenneth Charles Poston, III, age 37 of Lincoln, Nebraska, was sentenced on April 17, 2015, in Lincoln, Nebraska, to 78 months in prison by United States District Judge John M. Gerrard, for possessing child pornography. Poston’s sentence also requires him to pay restitution totaling $2,000.00, to be on supervised release for ten years after being released from prison, and to register as a sex offender.
In June of 2014 investigators with the Lincoln Police Department became aware of a computer that was sharing files that had been classified as containing child pornography. Further investigation identified the IP address, service provider and the address of Poston. A search warrant was served in August of 2014 and Poston was taken into custody. Forensic examination of the computer equipment removed from Poston’s residence established Poston’s possession of approximately 50,000 images and 399 videos affiliated with child sexual exploitation.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "Resources."
This case was investigated by the Lincoln Police Department.
Illinois Man Sentenced for Interference with Flight Crew MembersRead the Press Release
United States Attorney Deborah R. Gilg announced that on April 17, 2015, Joshua Carl Lee Suggs, age 24 of Oswego, Illinois, was sentenced for Interference with Flight Crew Members. The Honorable Joseph F. Bataillon, Senior United States District Court Judge, sentenced Suggs to the custody of the United States Bureau of Prisons for 6 months and 23 days, which is time Suggs has already served. Suggs will immediately begin a three (3) year term of supervised release. Suggs was also ordered to pay restitution to Southwest Airlines in the amount of $4,400.00.
An investigation conducted by the Omaha Airport Authority Police Department, Transportation Security Administration, and Federal Bureau of Investigation determined that on April 13, 2014, Southwest Airlines flight 722 departed Chicago Midway International Airport to Sacramento International Airport. Approximately one hour after departure, Suggs approached a flight attendant at which time the flight attendant informed Suggs that the captain had turned on the “fasten seat belts” sign, and that the passengers and crew needed to take their seats. Suggs stated that he wanted to look out the window. After being asked to take his seat a second time, Suggs pushed past the flight attendant and attempted to open the exterior door of the aircraft, located in the aft galley.
As Suggs attempted to open the aircraft door, a flight attendant stepped between Suggs and the door and called for help. A number of passengers exited their seats and subdued Suggs. During the altercation, according to a flight attendant, passengers were heard "screaming in terror" yelling phrases such as, "he is trying to open the door" and "we’re going to die."
As a result of Suggs’ attempt to open the aircraft door, the Captain contacted the Federal Aviation Administration and declared an emergency, subsequently requesting to divert the flight to Omaha’s Eppley Airfield. The flight was diverted to Omaha where Suggs was taken into custody by the Omaha Airport Authority Police Department.
The case was investigated by the Omaha Airport Authority Police Department, Transportation Security Administration, and Federal Bureau of Investigation.
Omaha Man Sentenced for Wire FraudRead the Press Release
United States Attorney Deborah R. Gilg announced that on April 15, 2015, David V. Roberts, age 42 of Omaha, Nebraska, was sentenced for wire fraud. The Honorable Lyle E. Strom, Senior United States District Court Judge, sentenced Roberts to the custody of the United States Bureau of Prisons for forty-one (41) months. There is no parole in the federal system. After his release from prison, Roberts will begin a three, (3), year term of supervised release. Roberts was also ordered to make restitution in the amount of $91,707.81.
An investigation conducted by the Omaha Police Department and the United States Secret Service determined that from at least June, 2011, and continuing through at least February, 2012, Roberts caused to be transmitted email communications to various individuals located throughout the United States, which emails sought the purchase of material, product or services advertised by victims for sale to the public. Once a purchase price was agreed upon, a check was mailed to the victims for payment of the advertised material, product, or services for sale. The checks were not legitimate and were fraudulently created.
Victims were instructed to electronically wire a portion of the funds credited to their account by virtue of the fraudulent check to Roberts within the District of Nebraska. Victims were provided with Roberts’s name and the location where the funds were to be electronically wired. Victims were told money needed to be wired to Roberts for purposes of paying defendant to pick-up, ship, or assist with transportation of the material or product advertised and purportedly purchased.
Once the victims believed the funds from the fraudulent check had been credited to their bank account, victims would electronically wire a portion of the deposited funds to Roberts within the District of Nebraska using the services of Western Union or MoneyGram. Roberts would travel to Western Union or MoneyGram locations where he would accept the electronically wired payments.
From at least June, 2011, and continuing through at least February, 2012, Roberts personally accepted more than fifty (50) fraudulently obtained electronically wired monetary payments from victims located outside the District of Nebraska in the total amount of $91,707.81.
The case was investigated by the Omaha Police Department and United States Secret Service.
Omaha Man Sentenced for Intentional Misuse of Funds from an Agency That Received Federal AssistanceRead the Press Release
United States Attorney Deborah R. Gilg announced that on April 10, 2015, James M. Clark, age 52, of Omaha, Nebraska was sentenced for intentional misuse of funds from an agency that received federal assistance. The Honorable Joseph F. Bataillon, Senior United States District Court Judge, sentenced Clark to a four year term of probation. Clark was also ordered to pay restitution to the Westside Community Schools District in the amount of $20,000.
An investigation conducted by the Department of Education Office of Inspector General determined that between 2004 and 2010, Clark served as Comptroller and then as Director of Finance within the Business Office of Westside Community Schools District. During the period of September 1, 2006, through August 31, 2010, Clark intentionally misapplied property of Westside Community Schools District when he used Westside Community Schools District funds to pay for purchases made on a credit card in Clark’s name. Clark’s purchases were not properly authorized and included purchases for his personal use.
The case was investigated by the Department of Education Office of Inspector General, Criminal Investigations Division.
Omaha Man Sentenced for Felon in Possession of a Firearm and AmmunitionRead the Press Release
United States Attorney Deborah R. Gilg announced that on April 10, 2015, James Kim Gatluak, 26, of Omaha, was sentenced to seven years (84 months) in prison for being a felon in possession of a firearm and ammunition. Following the prison term, Gatluak will serve two years on supervised release.
On September 2, 2014, two plainclothes Lincoln/Lancaster County Drug Task Force officers in an unmarked car were approached in a Lincoln alley by Gatluak and another man. Gatluak asked the officers if they were “looking for some tree,” which the officers understood to be an offer to sell them marijuana. The officers made contact with Gatluak and identified themselves as police officers. Gatluak was patted down after officers saw him holding an item which they suspected to be a gun in his front pants pocket. Gatluak was found in possession of a loaded .45 caliber handgun. He told officers he usually carried a gun, because he had recently been assaulted in Omaha. No marijuana was found in his possession. Gatluak had two prior felony convictions from Hall County for robbery and assault by a confined person.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
North Platte Woman Sentenced for Production of Child PornographyRead the Press Release
United States Attorney Deborah R. Gilg announced that Julie R. Thiemann, 34, formerly of North Platte, Nebraska, was sentenced today in Lincoln, Nebraska, to 23 years in prison by Senior United States District Judge Richard G. Kopf, for producing child pornography. After her release from prison Thiemann will serve an additional 25 years under supervised release, and be required to register as a sex offender for the remainder of her life.
In November of 2013, one of the child victims in this case, (there were three), revealed to a therapist that he believed another child had been sexually assaulted by Thiemann's live-in boyfriend, Billy Schrader. The information was reported to the North Platte Police Department and a search warrant was obtained for Schrader's residence. At the time the search was performed, law enforcement officers seized computer equipment and other items. Thiemann and Schrader were also interviewed at that time and both were subsequently arrested and lodged in jail. After a forensic examination of the equipment seized during the search warrant, over 75,000 images of child pornography produced by Thiemann and Schrader were identified.
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 North Platte Police Department and the Lincoln County Sheriff's Office and prosecuted jointly with the Nebraska Attorney General's Office.
North Platte Man Sentenced for Production of Child PornographyRead the Press Release
United States Attorney Deborah R. Gilg announced that Billy Joe Schrader, 32, formerly of North Platte, Nebraska, was sentenced today in Lincoln, Nebraska, to 30 years in prison by Senior United States District Judge Richard G. Kopf, for producing child pornography. After his release from prison Schrader will serve an additional 25 years under supervised release, and be required to register as a sex offender for the remainder of his life.
In November of 2013, one of the child victims in this case, (there were three), revealed to a therapist that he believed another child had been sexually assaulted by Schrader. The information was reported to the North Platte Police Department and a search warrant was obtained for Schrader's residence. At the time the search was performed, law enforcement officers seized computer equipment and other items. Schrader and a co-defendant were also interviewed at that time and both were subsequently arrested and lodged in jail. After a forensic examination of the equipment seized during the search warrant, over 75,000 images of child pornography produced by Schrader and his co-defendant were identified.
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 North Platte Police Department and the Lincoln County Sheriff's Office and prosecuted jointly with the Nebraska Attorney General's Office.
Gilbert Navarro and Juan Delgado Plead Guilty to Drug Trafficking and Money LaunderingRead the Press Release
United States Attorney Deborah R. Gilg announced that Gilbert Navarro, age 42 years and from Omaha, Nebraska, and Juan Delgado, age 40 years and from Council Bluffs, Iowa, pleaded guilty to drug trafficking and money laundering charges today. Navarro and Delgado were charged together in a superseding indictment, along with five other co-defendants. The Honorable Joseph F. Bataillon, Senior United States District Court Judge, presided over the change of plea hearings.
Navarro pleaded guilty to a charge of conspiracy to distribute 50 kilograms or more of marijuana, and also to conspiracy to commit money laundering. The charge of conspiring to distribute 50 kilograms or more of marijuana is punishable by up to 20 years imprisonment, a fine of up to $250,000, and at least 3 years of supervised release following any term of imprisonment. Navarro’s sentencing hearing is scheduled for August 7, 2015.
Juan Delgado pleaded guilty to conspiracy to distribute 50 grams or more of actual or pure methamphetamine, and conspiracy to commit money laundering. The charge of conspiracy to distribute 50 grams or more of actual methamphetamine is punishable by at least 10 years imprisonment, possibly up to life imprisonment, a fine of up to $10,000,000, and not less than 5 years of supervised release following any term of imprisonment. Delgado’s sentencing hearing is also scheduled for August 7, 2015.
The charge of conspiring to commit money laundering is punishable by up to 20 years imprisonment, a fine of up to $500,000 and 3 years of supervised release following any term of imprisonment.
In addition to selling marijuana for a codefendant in this case, Navarro also purchased a 2014 Ram 1500 pickup truck in the name of his company, “D.N. Inc.” A co-defendant, whose primary source of income was drug trafficking, wished to purchase a vehicle. Because the co-defendant would not be able to obtain financing for the vehicle given his illegal occupation, the co-defendant and Navarro reached an agreement or understanding that Navarro would purchase the vehicle for the co-defendant and finance the vehicle. The co-defendant agreed to make payments to Navarro for the pickup truck, and the truck was then used exclusively by the co-defendant.
Delgado assisted a co-defendant in selling methamphetamine. Delgado also collected payment for the methamphetamine sales for the co-defendant. At times, Delgado would deposit the proceeds from those methamphetamine sales into various Wells Fargo bank accounts in Nebraska. Delgado would receive the account numbers and names on the accounts from a co-defendant in this case. Most of the time, the names on the accounts were not of people directly involved in the sale of the drugs. The purpose of those transactions was to funnel money to the suppliers of the drugs, and to do so in a manner which concealed the nature, source, ownership, or control of that money.
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.
South Sioux City Man Found Guilty of Methamphetamine and Firearm ChargesRead the Press Release
United States Attorney Deborah R. Gilg announced that Jacob W. Deng, 33, was found guilty by a United States District Court jury of Conspiracy to Distribute Methamphetamine, Distribution of Methamphetamine, Possession with Intent to Distribute Methamphetamine and Marijuana, and being a Convicted Felon in Possession of a Firearm, after a two and a half day jury trial before the Honorable Laurie Smith Camp, United States District Judge.
The evidence presented at trial revealed that on April 17, 2014, South Sioux City DEA Task Force Officers executed a search warrant on Deng’s South Sioux City apartment and discovered approximately two ounces of crystal methamphetamine, multiple ounces of marijuana, drug packaging materials, over $7,000 in cash, and two firearms. The evidence at trial revealed that Deng was a convicted felon and had previously delivered methamphetamine to a cooperating witness.
This case was the result of an investigation by the South Sioux City Police Department and DEA Tri-State Drug Task Force.
March Grand JuryRead the Press Release
United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 27 indictments charging 30 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Jose Acosta-Noguez, a/k/a Jorge Avila, age 45, of Lincoln, is charged with illegal reentry into the United States on or about March 2, 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.
* Misti Bohlen, age 33, of Blue Hill, Nebraska, is charged in a two-count Indictment . Count I of the Indictment charges the defendant with misappropriation of postal funds from on or about November 2014, through and including to on or about February 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 II of the Indictment charges Bohlen with false entries and reports of money or securities while being a United States Postal Service employee from on or about November 2014, through and including to on or about February 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.
* Abraham Diaz, age 50, of Omaha, is charged with illegal reentry into the United States on or about March 6, 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.
* Israel Gaytan-Cruz, age 34, of Omaha, is charged with illegal reentry into the United States on or about March 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.
* Anthony Shaquille Harris, age 25, and Tiara A. Blanco-Liggins, age 23, both of Lincoln are charged in a two-count Indictment. Count I of the Indictment charges the defendants with possession with intent to distribute 50 grams or more of a mixture containing methamphetamine on or about February 16, 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 Harris and Blanco-Liggins with carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a drug trafficking offense on or about February 16, 2015. The maximum possible penalty if convicted is imprisonment of not less than 5 years and up to Life to be served consecutive to any other sentence imposed, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment.
* Yazmani Hernandez-Hernandez, age 30, of Omaha, is charged with illegal reentry into the United States on or about March 12, 2015, following deportation after conviction for a felony offense. 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.
* Timothy Patrick Hoyt, age 44, is charged with robbery from the Godfather’s Pizza Restaurant, 15234 West Maple Road, Omaha, Nebraska, on or about July 23, 2013. 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.
* Emiliano Juarez Lopez, age 38, of Lincoln, is charged with illegal reentry into the United States on or about March 9, 2015, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* John S. Loeffler, age 52, of Omaha, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with receipt of child pornography from between on or about July 2013 and continuing through September 2014. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, supervised release for Life, and a $100 special assessment. Count II of the Indictment charges Loeffler with possession of child pornography on or before September 28, 2014.
The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, supervised release for Life, and a $100 special assessment.
* Jose Fortino Macia Gonzalez, age 36, of Lincoln, is charged with illegal reentry into the United States on or about March 4, 2015, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Miguel Martell-Rios, age 36, of Omaha, is charged with illegal reentry into the United States on or about March 1, 2015, following deportation after conviction for a felony offense. 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.
* Shyla Martinez is charged with misprision of a felony from an unknown date but at least as early as July 15, 2014, up to and including October 25, 2014. The maximum possible penalty if convicted is 3 years imprisonment, a $250,000 fine, a 1 year term of supervised release and a $100 special assessment.
* Cynthia Mcauliffe, also known as Cyndi Mcauliffe, age 31, of Alexandria, Nebraska, is charged in a two-count Indictment . Count I of the Indictment charges the defendant with misappropriation of postal funds from on or about July 2014, through and including to on or about January 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 II of the Indictment charges Mcauliffe with false entries and reports of money or securities while being a United States Postal Service employee from on or about July 2014, through and including to on or about January 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.
* Frank I. Nava, age 32, 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 50 grams or more of a mixture containing methamphetamine beginning on or about December 1, 2014, and continuing to on or about February 3, 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. Counts II, III and IV of the Indictment charge Nava with distribution of 5 grams or more of methamphetamine on or about December 22, 2014, on or about January 8, 2015 and on or about January 12, 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 for each count.
* Roman Perales, age 16, of Winnebago, is charged in a five-count Indictment . Counts I and II of the Indictment charge the defendant with assault with intent to commit any felony on or about September 22, 2014. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment for each count. Count III of the Indictment charges Perales with assault with a dangerous weapon on or about September 22, 2014. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count IV of the Indictment charges defendant with discharging a firearm during a crime of violence on or about September 22, 2014. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment for each count. Count V of the Indictment charges Perales with making threatening interstate communications on or about September 13, 2014. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Armando Perez-Sanchez, a/k/a Mario Pena-Sanchez, age 39, of Omaha, is charged with illegal reentry into the United States on or about February 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.
* Charles M. Perkins, Jr., age 49, of Omaha, is charged with failure to register as a sex offender from on or about December 11, 2014, and continuing until January 27, 2015. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, supervised release for Life, and a $100 special assessment.
* Ramon Pintado-Delgado, age 42, of Omaha, is charged with illegal reentry into the United States on or about March 10, 2015, following deportation after conviction for a felony offense. 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.
* Felipe Andres Portillo-Cortes, age 33, of Omaha, is charged with illegal reentry into the United States on or about March 1, 2015, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Jose Preciado, age 28, of Mojave, California and Alberto Hineges, Jr., age 29, of Mendota, California are charged in a two-count Indictment. Count I of the Indictment charges Preciado with possession with intent to distribute a mixture of methamphetamine on or about February 28, 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 Hineges with possession with intent to distribute 500 grams or more of a mixture of methamphetamine on or about February 28, 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
* Jose Ramirez Figueroa, a/k/a Antonio Ramirez Figueroa, age 29, of Omaha, is charged with illegal reentry into the United States on or about February 19, 2015, following deportation after conviction for a felony offense. 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.
* Leonel Ramirez Gomez, age 48 , of Grand Island, Nebraska, is charged in a three-count Indictment. Counts I and II of the Indictment charge the defendant with distribution of a mixture containing methamphetamine on or about January 16, 2015 and January 23, 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 for each count. Count III of the Indictment charges Gomez with carrying a firearm during and in relation to, a drug trafficking offense on or about January 23, 2015. The maximum possible penalty if convicted is imprisonment of not less than 5 years and up to Life to be served consecutive to any other sentence imposed, a $250,000 fine, a 5 year term of supervised release and a $100 special assessment.
* Danielle Marie Rico, age 31, of Omaha, is charged in a three-count Indictment. Count I of the Indictment charges the defendant with theft of Government funds from the Social Security Administration beginning in or around July 2008, and continuing without interruption until in or around July 2013 by receiving Social Security Disability Insurance Benefits payments made to her to which she knew she was not entitled. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment. Count II of the Indictment charges Rico with social security fraud on or about May 30, 2013. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment. Count III of the Indictment charges the defendant with making a false statement on or about June 20, 2013. 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.
* Joshua W. Rodriguez, age 32 , of Omaha, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with possession of a machine gun on or about December 18, 2014. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment. Count II of the Indictment charges Rodriguez with drug user in possession of a firearm on or about December 18, 2014. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment.
* Juana Tapia Borjas, age 28, of Omaha, is charged with illegal reentry into the United States on or about February 25, 2015, following deportation. 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.
* Miguel Tercero Bernabe, age 39, of Omaha, is charged with illegal reentry into the United States on or about February 23, 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.
* Ezequiel Zavala, age 40, and Mark Andrew Johnson, age 50, both of Omaha, are charged in a three-count Indictment. Count I of the Indictment charges Zavala with conspiracy to distribute and possess with intent to distribute 500 grams or more of a mixture containing methamphetamine beginning on or about June 2014, and continuing to on or about March 5, 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 Zavala with possession with intent to distribute 50 grams of a mixture containing methamphetamine on or about March 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. Count III of the Indictment charges Johnson possession with intent to distribute 50 grams or more of a mixture containing methamphetamine on or about March 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.
Registered Sex Offender Sentenced to 10 Years in Prison for Accessing with Intent to View Child PornographyRead the Press Release
A registered sex offender was sentenced to 10 years in federal prison today for accessing an Omaha-based child pornography website with the intent to view graphic images and videos depicting child pornography, announced 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 Special Agent in Charge Thomas R. Metz of the FBI’s Omaha Division.
David William Peer, 37, pleaded guilty on Dec.16, 2014, to accessing with the intent to view child pornography. Following his prison sentence, Peer will be on supervised release for a period of 15 years, during which he is required to continue to register as a sex offender, is prohibited from having unapproved contact with minors, must submit to computer monitoring and must participate in sex offender treatment. Senior U.S. District Judge Joseph Bataillon of the District of Nebraska imposed the sentence.
During his plea hearing, Peer admitted that, in December 2012, he intentionally accessed an Omaha-based website containing thousands of images and videos depicting children, including infants and toddlers, being sexually abused.
In 2002, Peer was convicted in federal court in the District of Utah of receiving and distributing child pornography, and he was a registered sex offender at the time of this offense.
This case is a result of investigative efforts led by 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. The FBI was assisted in its investigation by Europol, as well as members of the FBI’s Violent Crimes Against Children International Task Force. This case was prosecuted by Trial Attorneys Keith Becker and Sarah Chang of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Michael P. Norris of 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 U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, 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.
Lincoln Man Sentenced in Drug and Money Laundering ConspiraciesRead the Press Release
United States Attorney Deborah R. Gilg announced that John Ways, Jr., age 48, of Lincoln, Nebraska, was sentenced to 15 years in prison by Senior United States District Court Judge Joseph F. Bataillon. In August of 2014 Ways was found guilty by a jury of conspiracy to sell drug paraphernalia, conspiracy to distribute controlled substances, conspiracy to commit money laundering, and of being a felon in possession of ammunition. He ran Exotica stores in Omaha and South Sioux City, Nebraska, and Council Bluffs, Iowa, through which he sold the controlled substances and drug paraphernalia. He will also forfeit to the United States approximately $1,100,000 in cash as drug proceeds seized from multiple bank accounts, two vehicles he purchased with drug proceeds, various computers and equipment, ammunition, and four gun safes. He was also ordered to serve three years of supervised release following his release from incarceration.
United States Attorney Deborah R. Gilg commented: “It does not matter whether drug dealers sell illegal drugs on the street, through the internet or, like this defendant, under the guise of a legitimate business. It is still drug dealing. With the help of our law enforcement partners such as the ATF, we will investigate and prosecute drug dealers no matter how they ply their trade. We will also seize and forfeit their illegitimate gains.”
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Omaha Police Department, Lincoln Police Department, and Nebraska State Patrol.
Sioux City Woman Sentenced for Making False StatementsRead the Press Release
United States Attorney Deborah R. Gilg announced that Melissa S. Edwards, 41, of Sioux City, Iowa, was sentenced in federal court in Omaha, Nebraska, for Making False Statements to the Department of Housing and Urban Development (HUD). The Honorable Laurie Smith Camp sentenced Edwards to 1 year and 1 day in prison. There is no parole in the federal system. After her release from prison, Edwards will begin a three-year term of supervised release. Edwards was ordered to pay restitution in the amount of $179,118.55.
Melissa Edwards managed the Canterbury Apartments in South Sioux City, Nebraska. The complex was owned by a management company in Maine. The complex offered Section 8 housing subsidized by HUD. Between October 2011 and continuing into October 2013, Edwards embezzled $169,924 from the management company which included more than $100,000 of funds derived from HUD. To accomplish her theft and conceal her crime Edwards created false applications and recertifications. The recertifications would decrease the tenant’s income thus increasing the subsidy. The tenant was unaware of the recertification and Edwards would convert the increased subsidies to her own use. False applications were submitted using the names of relatives and friends.
Former Omaha Man Sentenced for Bank RobberyRead the Press Release
United States Attorney Deborah R. Gilg announced that on March 20, 2015, Trent Nitzel, 46, formerly of Omaha, Nebraska, was sentenced in federal court in Omaha for Bank Robbery. The Honorable Joseph F. Bataillon sentenced Nitzel to 44 months in prison. Nitzel has been incarcerated since December 5, 2011, and was given credit for approximately 40 months of prison time already served. Nitzel’s sentence of 44 months prison will be in addition to the 40 months of prison already served. There is no parole in the federal system. After his release from prison, Nitzel will begin a three year term of supervised release.
On October 24, 2011, Nitzel robbed the Centennial Bank, located at 6307 Center Street, Omaha, Nebraska. During the robbery, Nitzel took from Centennial Bank an amount totaling approximately $5,027.00. On October 28, 2011, Nitzel robbed the First National Bank, located at 1601 Capitol Street, Omaha, Nebraska. During the robbery, Nitzel took from First National Bank an amount totaling approximately $3,730.00. During both of the robberies, Nitzel handed the teller a note demanding money. Nitzel did not use or display a weapon during either of the robberies.
Omaha Police investigated the robberies.
Federal Grand Jury Indicts Six for Conspiracy to Use Stolen Credit Card NumbersRead the Press Release
United States Attorney Deborah R. Gilg announced the indictment of six people in a conspiracy to use stolen debit and credit card account numbers. An Indictment, unsealed today, alleges between March and September of 2014, Angel A. Oramas, Jorge E. Aleman Tsuhako, Vilma E. Fernandez, Anyier Paladon, Elain Cartaya and Yusnel Abreu Lamas, agreed to use account numbers of legitimate credit and debit card holders living in various states within the United States, Japan and Spain, that had been stolen and re-encoded onto other plastic cards. The legitimate card holders had possession of their credit and debit cards; however, their account numbers were stolen and allegedly used by the defendants to purchase merchandise, food, gift cards, and gasoline from southeast Nebraska merchants including Shopko, Walmart, Sam’s Club, Home Depot, Hy-Vee Gas, Cenex, and J.C. Penney in Lincoln, Omaha, Grand Island, Beatrice, Crete and Gretna.
Three of the defendants are charged in a second count of the Indictment with possession of 15 or more unauthorized "access devices" - - the stolen debit and credit card account numbers - - on April 21, 2014. A third count of the Indictment alleges the six defendants used the unauthorized account numbers to purchase merchandise valued at $74,772.50.
The Indictment also alleges a 2004 Ford Super Duty Ford and an H&H utility trailer were used to commit the offenses, and should be forfeited to the United States.
The six defendants: Angel Oramas (42) of Columbus, Nebraska; Jorge E. Tsuhako, a/k/a Jorge E. Aleman (44), of Crete, Nebraska; Vilma E. Fernandez (48) of Wilber, Nebraska; Anyier Paladon (38), of Crete, Nebraska; Elain Cartaya (34) of Crete, Nebraska and Yusnel Abreu Lamas (29) of Grand Island, Nebraska, were arrested at various locations on Monday and entered not guilty pleas at their initial appearances before United States Magistrate Judge Cheryl R. Zwart in Lincoln, Nebraska. The possible penalties include up to 10 years in prison, $250,000 fine, and up to three years of supervised release after any prison term.
The case was investigated by the Lincoln Police Department with the assistance of the Federal Bureau of Investigation and United States Marshal's Service.
Mexican Man Sentenced for Misprision of a FelonyRead the Press Release
United States Attorney Deborah R. Gilg announced that on March 20, 2015, Javier Gomez Zambrano, 21, a citizen of Mexico, was sentenced to 12 months and one day in prison for misprision of a felony, (failing to report actual knowledge of the commission of a felony as soon as possible). Gomez Zambrano was ordered to serve one year on supervised release following the prison term. However, he is expected to be deported upon completion of his prison sentence.
On the evening of April 21, 2014, Lincoln Police Department narcotics officers observed a meeting between persons in a car and a semi-tractor trailer truck in Lincoln. Persons were seen moving between the car and the truck. The car then returned to a nearby motel, and the truck headed eastbound on I-80. The truck was contacted at the Ashland/Waverly scales on eastbound I-80 and subjected to a Nebraska State Patrol Carrier Enforcement inspection. The driver admitted he had just delivered what he believed to be either money or drugs in Lincoln. A search warrant was served at the Lincoln motel room where Gomez Zambrano and two other persons were staying. Officers found an air compressor containing over 2.7 kilograms of methamphetamine which was found to be approximately 95% pure. The air compressor was covered by clothing belonging to all three occupants of the room.
One of those two occupants of the room later told officers he obtained the air compressor containing the methamphetamine from the truck driver and intended to deliver it to a customer in Lincoln. Prior to the search of their motel room, the witness said he told Gomez Zambrano and the third occupant of the motel room about the methamphetamine and about his plan to deliver it. Gomez Zambrano allowed his clothing to be used to conceal the air compressor containing the methamphetamine, and Gomez Zambrano failed to notify officers of its presence when they entered the room to serve the search warrant.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
Omaha Woman Sentenced for Theft of Government Property and Mail FraudRead the Press Release
United States Attorney Deborah R. Gilg announced that the Honorable Laurie Smith Camp sentenced LaTosha Bolton, age 48, of Omaha, Nebraska, to one year, three months imprisonment after a jury had previously found her guilty of theft of government property and mail fraud. Trial was held in October 2014. Ms. Bolton was also ordered to pay the Social Security Administration $124,960.90 and will serve a three-year term of supervised release after she completes her incarceration.
From 1993 until 2013 Ms. Bolton was receiving Supplemental Security Income benefits on behalf of one of her children. While it was clear the child did have a disability, by finding her guilty, the jury found that Ms. Bolton did not use the money for the benefit of her child as required by law. Ms. Bolton received $124,960.00 of government SSI funds and most of that money was sent through the United States mail.
The case was investigated by the Office of Inspector General, Social Security.
Omaha Woman Sentenced for Bank RobberyRead the Press Release
United States Attorney Deborah R. Gilg announced that Shantoria Valentine-Deguenon, age 24 of Omaha, Nebraska, was sentenced to five years, three months imprisonment by the Honorable Joseph F. Bataillon, for bank robbery. On December 9, 2014, a federal grand jury found her guilty of robbing the Wells Fargo bank in Ralston. She was also ordered to serve a three year term of supervised release.
On July 28, 2014, Valentine-Deguenon walked into the Wells Fargo branch located at 4725 South 84th Street, Ralston, Nebraska and gave a note to two tellers indicating she had a bomb. She also yelled that she had a bomb and demanded money from the tellers. The tellers gave her money and she fled the bank. A Good Samaritan who happened to be parked in the bank parking lot saw Valentine-Deguenon run from the bank, followed her and tracked her to the Ralston Middle School parking lot where he ordered her to the ground. As that was happening, Ralston police officers arrived on the scene and placed her under arrest. She was found in possession of $1,213.00 in United States currency taken from the bank.
The case was investigated by the Ralston Police Department and Federal Bureau of Investigation.
Ashland Man Charged with Distributing Methamphetamine and Being a Felon in Possession of a Firearm Facing up to 40 years in PrisonRead the Press Release
United States Attorney Deborah R. Gilg announced the unsealing of a 3 count Indictment charging Judas T. Crisman, age 39, of Schuyler, Nebraska, with distributing methamphetamine and being a felon in possession of a firearm. The maximum possible penalty for the offenses includes not less than 5 years and up to 40 years’ imprisonment, a fine of up to $5 million, a term of supervised release of at least 4 years, and a $100 special assessment.
The Indictment alleges that on two separate dates, Crisman distributed more than 5 grams of actual methamphetamine, and that on a third date he possessed a firearm having been previously convicted of a felony.
This case was the result of an investigation by the Omaha Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Omaha Man Sentenced for Tax EvasionRead the Press Release
United States Attorney Deborah R. Gilg announced that on February 27, 2015, Todd Shannon Bartusek, age 43 of Omaha, Nebraska, was sentenced for felony tax evasion. The Honorable Joseph F. Bataillon, Senior United States District Court Judge, sentenced Bartusek to a three year term of probation and a $10,000 fine.
An investigation conducted by the Internal Revenue Service determined that between at least 2007 and 2010, Bartusek operated a sports bookmaking business while a resident of the District of Nebraska. While operating the sports bookmaking business, Bartusek collected losses, receiving payment in the form of cash, check, and internet payments. Bartusek did not report any of the income he received from the sports bookmaking business on his 2007, 2008, 2009, and 2010 personal income tax returns. The unreported income for 2007, 2008, 2009, and 2010 resulted in an additional income tax due and owing the Internal Revenue Service of at least $256,902.
As part of his sentence, Bartusek agreed to pay restitution to the Internal Revenue Service in the total amount of $168,701.36. Bartusek will also be liable for Internal Revenue Service penalties on the unpaid tax amount.
The case was investigated by the Department of the Treasury, Criminal Investigations.
Kansas City Man Sentenced for Scheme to Defraud Elderly VictimsRead the Press Release
United States Attorney Deborah R. Gilg announced that Thomas Whitlow, 53, formerly of Kansas City, Kansas, was sentenced on February 27, 2015, in Lincoln, Nebraska, by United States District Judge John M. Gerrard to 9 years in prison following his conviction for Conspiracy to Commit Wire Fraud and Wire Fraud. In addition to the prison term, Whitlow was ordered to pay restitution of $17,521, to the victims of the scheme to defraud, serve a 3 year term of supervised release following the prison term and pay special assessments of $500.
Whitlow was convicted by a federal jury on November 18, 2014, of Conspiracy to Commit Wire Fraud and Wire Fraud, after a three-day trial. Evidence presented at trial indicated that between May of 2011 and November of 2013, Whitlow was a member of a group which devised a conspiracy scheme to defraud elderly victims and to obtain money. As part of the scheme, Mr. Whitlow would contact the elderly victims, purporting to be a family relative, or a person acting on behalf of that relative. He would then solicit money from the elderly victims under a false pretense, such as a motor vehicle accident or some other type of fabricated emergency. The victims were then instructed to obtain a money order and to have it sent to a specific person. The victims then purchased money orders under the belief that they were helping that family member. Witnesses testified that Whitlow directed co-conspirators to send and receive proceeds of the scheme through wire transfers, including wire transfers conducted in the District of Nebraska. Once the wire transfers were received by the co-conspirators, the money would then be provided to Whitlow or used to pay expenses of Whitlow.
Over the course of this conspiracy, Whitlow and his co-defendants obtained approximately $20,000.00 from their victims. The other defendants have previously plead guilty and been sentenced by the Court.
The matter was investigated by Homeland Security Investigations, United States Department of Homeland Security and the Lincoln Police Department.
Walthill Man Sentenced for Habitual Domestic ViolenceRead the Press Release
United States Attorney Deborah R. Gilg announced today that Terry L. Harlan, age 52 of Walthill, Nebraska, was sentenced for his conviction for habitual domestic violence. Harlan was found guilty following a jury trial in November of 2014. On February 26th, Senior United States District Court Judge Lyle E. Strom sentenced Harlan to 41 months of imprisonment to be followed by three years of supervised release.
On March 7, 2014, Harlan and his girlfriend were at Harlan’s residence on the Omaha Indian Reservation. Harlan became angry with his girlfriend. He pushed her into a closet, pulled her hair with one hand while he punched her about the head and face with his other hand. When the girlfriend attempted to leave, Harlan cornered her by the door, punched her several more times, and kicked her while she was on the floor. The girlfriend escaped the residence after Harlan fell asleep and ultimately was able to flag down a police officer.
This case was investigated by the Federal Bureau of Investigation.
North Carolina Man Convicted of Tax EvasionRead the Press Release
United States Attorney Deborah R. Gilg announced that Chet Lee West, 59, of Nebo, North Carolina, was convicted on Tuesday, February 25, 2015, after a jury found him guilty of three counts of tax evasion relating to tax years 2007, 2008 and 2009. Chief Judge Laurie Smith Camp presided over the trial that was held in United States District Court. Sentencing has been set for May 18, 2015. Mr. West faces up to 5 years imprisonment for each count of conviction as well as a $250,000 fine. Mr. West represented himself during the trial. He was remanded to the custody of the United States Marshal after the return of the guilty verdicts.
From 2007 through 2009 West earned taxable income of approximately $272,224.00 while living and working in Omaha, Nebraska. Upon that income West had a tax due and owing of approximately $52,824.00. West willfully evaded his personal income taxes by failing to file Forms 1040, U.S. Individual Income Tax Returns for tax years 2007 through 2009. After being informed by the Internal Revenue Service that he was required to file U.S. Individual Income Tax Returns, West continued to submit information to his employer in an attempt to avoid withholding any employment taxes from his pay, including numerous letters and affidavits stating his position that he was not required to pay income taxes. From 2007 through 2009, West also deposited personal income into bank accounts opened in the names of companies he created in an effort to hide and conceal his income from the Internal Revenue Service. West had not filed federal individual income tax returns since at least the 2000 tax year.
The case was investigated by Internal Revenue Service, Criminal Investigations.
Schuyler Man Charged with Distributing Methamphetamine Facing up to 40 years in PrisonRead the Press Release
United States Attorney Deborah R. Gilg announced the unsealing of a 3 count Indictment charging Jose J. Nevarez, age 43, of Schuyler, Nebraska, with distributing methamphetamine. The maximum possible penalty for the offenses includes not less than 5 years and up to 40 imprisonment, a fine of up to $5 million, a term of supervised release of at least 4 years, and a $100 special assessment.
The Indictment alleges that on 3 separate dates, Nevarez distributed more than 5 grams of actual methamphetamine in Schuyler, Nebraska. Nevares is scheduled for his initial appearance in Federal District Court in Omaha on Monday February 23, 2015.
This case was the result of an investigation by the Nebraska State Patrol.
Lincoln Man Sentenced for Distributing Child PornographyRead the Press Release
United States Attorney Deborah R. Gilg announced that Charles LeRoy Walker, 54, formerly of Lincoln, Nebraska, was sentenced today in Lincoln, Nebraska, to 70 months in prison by United States District Judge John M. Gerrard, for receiving and distributing child pornography. Walker will also be required to be on supervised release for five years after being released from prison and register as a sex offender.
In February of 2014, investigators with the Lincoln Police Department became aware of a computer that was sharing files that had been classified as containing child pornography. Further investigation identified the IP address, service provider and the address of Walker. A search warrant was served and Walker was taken into custody. After forensic examination of the computer equipment removed from Walker’s residence, more than 20,000 files affiliated with child sexual exploitation were located, along with several hundred videos.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc for more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
This case was investigated by the Lincoln Police Department.
February Grand JuryRead the Press Release
United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 26 indictments charging 26 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Luis Aguilar-Nada, age 41, of Omaha, is charged with illegal reentry into the United States on or about January 26, 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.
* Life Taban Aquilino, a/k/a Lyfe Israel Haim, of Omaha, is charged in a two-count Indictment. Count I of the Indictment alleges that on or about May 16, 2013 the defendant made a false statement in an application for a passport. The maximum penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges Aquilino with aggravated identity theft on or about May 16, 2013. The maximum possible penalty if convicted is 2 years consecutive to any other term of imprisonment imposed on Count I of the Indictment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Mario Cervantes-Camacho, a/k/a Mario G. Cervantes, age 43, of Omaha, is charged in a two-count Indictment. Count I of the Indictment alleges that on or about February 12, 2015, the defendant used a Social Security card knowing said document was not issued lawfully for his use. The maximum possible penalty if convicted is 10 years imprisonment, a fine of $250,000, a 3 year term of supervised release, and a $100 special assessment. Count II of the Indictment alleges that on or about January 27, 2012, Cervantes-Camacho 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.
* Francisco Chairez-De La Rosa, age 32, of Lincoln, is charged with illegal reentry into the United States on or about January 21, 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.
* Jose Cornejo-Lopez, age 32, of Ralston, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with felon in possession of a firearm on or about October 20, 2014. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges Cornejo-Lopez with possession with intent to distribute 50 grams of more of a mixture of methamphetamine on or about October 20, 2014. 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.
* Roman Cortez Cisneros, age 40, of Omaha, is charged with illegal reentry into the United States on or about January 15, 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.
* Rogelio Sanchez Estrella, age 25, is charged with illegal reentry into the United States on or about January 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.
* Emanuel Gallegos-Hernandez, a/k/a Emmanuel Gallegos, age 26, of Omaha, is charged with illegal reentry into the United States on or about January 20, 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.
* Carlos Efrain Gallegos-Ruiz, age 33, is charged with illegal reentry into the United States on or about December 19, 2014, following deportation after conviction for a felony offense. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Carlos Ruben Gama-Garcia, a/k/a Ruben Rodriguez, age 47, of Hastings, Nebraska, is charged in a six-count Indictment. Count I of the Indictment charges the defendant with illegal reentry into the United States on or about February 10, 2015, following deportation. 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. Counts II, IV and VI of the Indictment allege that on or about on or about March 15, 2013; on or about June 22, 2014; and on or about August 16, 2011, Gama-Garcia 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 for each count. Counts III and V of the Indictment allege that on or about March 15, 2013 and on or about June 22, 2014, the defendant used identification documents knowing said documents were 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 for each count.
* Santiago Gonzalo-Florentino, a/k/a Santiago G. Flores, age 37, of Omaha, is charged with illegal reentry into the United States on or about January 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.
* Stephanie Hagemeier, age 42, of Hastings, Nebraska, is charged in a three-count Indictment. Count I of the Indictment charges the defendant with making a false statement to a government agency on or about November 4, 2014. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges Hagemeier with aiding and abetting aggravated identity theft on or about November 4, 2014. The maximum possible penalty if convicted is 2 years consecutive to Count III, 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 aiding and abetting the false representation of a social security number. 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.
* Francisco Samuel Nava Hernandez, a/k/a Samuel Nava, 27, of Lincoln, is charged with possession with intent to distribute 50 grams of more of a mixture of methamphetamine on or about February 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.
* Marvin Patricio Hernandez, age 38, of Omaha, is charged with illegal reentry into the United States on or about January 13, 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.
* Evaristo Hernandez-Perez, age 52, of Omaha, is charged with illegal reentry into the United States on or about January 22, 2015, following deportation. 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.
* Michael Huyck, of Lincoln, is charged in a three-count Indictment. Count I of the Indictment charges the defendant with receipt and attempted receipt of child pornography on or about August 20, 2010 thru October 1, 2010. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, supervised release for life, and a $100 special assessment. Counts II and III of the Indictment charge Huyck with access with intent to view on or about August 20, 2010 thru April 9, 2013 and on or about November 20, 2012 thru April 9, 2013. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, supervised release for Life, and $100 special assessment for each count.
* Alexander Marroquin Avalos, age 30, of Omaha, is charged with illegal reentry into the United States on or about February 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.
* Armando Medina-Vargas, age 29, of Omaha, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with conspiracy to distribute 50 grams or more of methamphetamine between on or about February 2014, and December 23, 2014. 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 Medina-Vargas with possession with intent to deliver 50 grams or more of methamphetamine on or about December 23, 2014. 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. The Indictment also contains an allegation to forfeit proceeds of the offense or property used to commit the offense, including $10,572.00 in U.S. currency.
* Jose J. Nevarez, age 43, of Schuyler, Nebraska, is charged in a three-count Indictment. Counts I thru III of the Indictment charge the defendant with distribution of 5 grams or more of methamphetamine on or about October, 29, 2014; on or about November 4, 2014; and on or about November 12, 2014. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment for each count.
* Raul Pano-Abarca, a/k/a Arturo Aguilar, a/k/a Agapito Garcia, age 27, of Omaha, is charged with illegal reentry into the United States on or about January 20, 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.
* Victorio Ramos Lopez, a/k/a Wilfrido Diaz Lopez, age 31, of Bellevue, is charged with illegal reentry into the United States on or about January 29, 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.
* Victor Rangel, age 27, of San Jose, California, is charged with possession with intent to distribute 50 grams or more of a mixture of methamphetamine on or about January 29, 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 for each count.
* Carlos Reynoso-Mendez, age 34, is charged with conspiracy to distribute and possess with intent to distribute a mixture of methamphetamine beginning on or about November 17, 2014, and continuing to on or about December 16, 2014. 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.
* Oscar Aaron Rojo Castillo, age 32, of Bellevue, is charged with illegal reentry into the United States on or about January 29, 2015, following deportation after conviction for a felony offense. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Jose Salinas-Cruz, age 29, is charged with illegal reentry into the United States on or about January 22, 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.
* Valentin Alejo Xochihua, age 35, of Omaha, is charged in a two-count Indictment. Counts I and II charge the defendant with distribution of a mixture of methamphetamine on or about November 25, 2014 and on or about December 8, 2014. 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.
Raymond Man Sentenced for Mail FraudRead the Press Release
United States Attorney Deborah R. Gilg announced that United States District Judge John M. Gerrard sentenced Gerald C. Bryce, age 50 of Raymond, Nebraska, to 18 months imprisonment, to be followed by a 3 year term of supervised release following his earlier guilty plea to mail fraud.
Bryce had been an insurance agent and in that capacity would collect premium payments from customers to be sent to the insurance company providing the customers’ coverage. One couple found that their life insurance policies lapsed because Bryce had not forwarded the money he had collected to the insurance companies. In 2011 they had paid him $259,167.19 for premiums for life insurance policies that had lapsed. The failure to forward the payments was not immediately discovered as Bryce had the information from the insurance companies mailed to him. After learning of the lapsed policies, the victims filed a civil suit and, as part of a settlement in that case, Bryce did pay some of the monies he stole.
In 2010, Bryce defrauded another couple of $41,983.55, by telling them to withdraw the cash value of a life insurance policy they owned and give him the money for safekeeping. He said he was concerned about a former business partner taking the money. Bryce then changed the mailing address of that couple to his address and kept the money for himself.
Judge Gerrard also ordered Bryce to pay $107,591.51 to the two couples. That amount accounts for the losses they incurred that were not covered by the civil case.
The case was investigated by the Nebraska Department of Insurance and United State Postal Inspection Service.