District of Nebraska

United States Attorney Deborah R. Gilg announced that Rodrigo Delacruz, 27, of Fremont, Nebraska, was sentenced on October 27, 2014, to 5 years in prison by United States District Judge Laurie Smith Camp. Delacruz had previously pled guilty after Fremont police officers responded to a domestic assault call on May 2, 2014. The investigation led to contact with Delacruz at a Fremont gas station.  Delacruz was found in possession of over 10 grams of actual methamphetamine , a scale, drug paraphernalia, and $1,797 in his coat. 

During a post arrest interview, Delacruz admitted to using and selling methamphetamine in the past. Because Delacruz possessed more than 5 grams of actual methamphetamine, he faced a mandatory minimum sentence of 5 years. After serving his sentence Delacruz will be required to serve a Term of Supervised Release of 4 years.

This case was the result of an investigation by the Fremont Police Department and III CORPS Drug Task Force.

United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 32 indictments charging 38 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.

*          Abraham Amador-Mendoza, age 41, is charged with illegal reentry into the United States on or about September 17, 2014, 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 Antonino-Miguel, age 31, is charged with illegal reentry into the United States on or about September 23, 2014, following deportation as a felon. 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.

*          David S. Baird, age 33, is charged in a four-count Indictment.  Count I of the Indictment alleges the defendant used or carried a firearm during and in relation to, or possessed a firearm in furtherance of, the drug trafficking offense alleged in Counts II and III. 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 for each count.   Count II of the Indictment charges Baird with conspiracy to distribute a mixture containing methamphetamine on or about July 31, 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.
            Count III of the Indictment charges the defendant with possession with intent to distribute a mixture containing methamphetamine on or about July 31, 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.  Count IV of the Indictment charges Baird with felon in possession of a firearm on or about July 31, 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.

*          Marcus Chiles, age 34, 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 28 grams or more of cocaine base beginning on or about January 1, 2013, and continuing to on or about May 30, 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.  Counts II, III, and IV of the Indictment charge Chiles with possession with intent to distribute a mixture containing cocaine base on or about April 3, 2014, May 30, 2014, and July 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.

*          Carlos Humberto Collazos-Vallecilla, age 40, of South Valley, California, is charged with possession with intent to distribute 1 kilogram or more of heroin on or about October 6, 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.

*          Daniel J. Converse, age 50, is charged with interstate transportation of a stolen motor vehicle from the State of Nebraska to the State of Illinois from on or about April 12, 2014, through on or about October 15, 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.

*          Jose Corona-Rea,  age 25, of Broken Bow, Nebraska, is charged with illegal reentry into the United States on or about September 1, 2014, following deportation as a felon. 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.

*          Nathaniel J. Cullum, age 34, is charged with felon in possession of a firearm on or about June 19, 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.

*          Rodolfo Esquivel, age 30; Alejandro Garcia-Roa, age 52; Agueda Arroyo, age 34; Ernesto Arroyo, age 60, are charged with conspiracy to distribute and possess with intent to distribute 500 grams or more of a mixture of methamphetamine beginning on or about August 1, 2014, and continuing to on or about October 15, 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 alleges any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the violation alleged in Count I of the indictment, including but not limited to a total of $82,635.00 in United States currency seized on October 15, 2014,  should be forfeited to the United States.

*          Froylan Chan, age 32; Angel Gabino-Gonzalez, age 24; Quirino Gabino-Gonzalez, age 23; and Victor Lorenzo-Gallardo, age 25; all of Omaha, 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 of methamphetamine; 500 grams or more of a mixture of cocaine; and 28 grams or more of a mixture of cocaine base beginning as early as June 10, 2014, and continuing to on or about October 7, 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 Froylan Chan, Angel Gabino-Gonzalez and Quirino Gabino-Gonzalez with possession with intent to distribute 500 grams or more of a mixture of methamphetamine; 500 grams or more of a mixture of cocaine; and 28 grams or more of a mixture of cocaine base on or about October 7, 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 alleges any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the violation alleged in Counts I and II of the indictment, including but not limited to $7,642.00 in United States currency seized on October 7, 2014,  should be forfeited to the United States.

*          Eduardo Garcia-Valdez, age 32, of Omaha, is charged with illegal reentry into the United States on or about October 6, 2014, following deportation as a felon. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.

*          Daniel Goynes, age 22, is charged in a four-count Indictment.  Counts I and II of the Indictment charge the defendant with possession with intent to distribute 28 grams of a mixture of cocaine base on or about June 28, 2014, and on or about June 30, 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.  Count III of the Indictment alleges the defendant used or carried a firearm during and in relation to, or possessed a firearm in furtherance of, the drug trafficking offense alleged in Count IV. 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. Count IV of the Indictment charges Goynes with possession with intent to distribute a mixture of cocaine base on or about July 11, 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.

*          Deandrae Johnson, age 39, is charged in a four-count Indictment.  Count I of the Indictment charges the defendant with possession with intent to distribute a mixture containing cocaine base on or about May 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.   Counts II and III of the Indictment charge Johnson with possession with intent to distribute 28 grams or more of a mixture containing crack cocaine on or about May 19, 2014 and on or about May 22, 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.  Count IV of the Indictment charges the defendant with felon in possession of a firearm on or about August 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.

*          Patrick Keough, of Wood River, Nebraska, is charged in a three-count Indictment.  Counts I and II charge Keough with transporting hazardous waste from Minden, Nebraska to a field near Crete, Nebrask, to a facility which did not have a permit issued to it by the United States Environmental Protection Agency or the Nebraska Department of Environmental Quality, to treat, store or dispose of hazardous waste. 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.  Count III of the Indictment charges the defendant with storing hazardous waste without a permit.  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.

*          Timothy James Kirsch, age 31, of Omaha, is charged with failure to register as a sex offender in the State of Nebraska from on and before May 29, 2014, and continuing through July 2, 2014.  The maximum possible penalty if convicted is 10 years imprisonment, a fine of $250,000, supervised release for life, and a $100 special assessment.     

*          William D. Knutson, age 55, of Omaha, is charged with theft of government money from the Social Security Administration.  The defendant converted to his own use retirement benefit payments to which he knew he was not entitled, having a value of approximately $193,298.00.   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.     

*          Veronica Lorenzo Ruiz, is charged in a four-count Indictment.  Count I of the Indictment alleges that on or about June 28, 2013, the defendant used a Nebraska ID Card and a social security card knowing said documents were not issued lawfully for her 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. Count II charges that on or about June 28, 2013, Lorenzo Ruiz misused a Social Security Card knowing that said document was not issued lawfully for her use.  The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.  Count III of the Indictment charges the defendant with using a means of identification of another person during and in relation to a felony violation on or about June 28, 2013.  The maximum possible penalty if convicted is mandatory 2 year imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.  Count IV of the Indictment alleges Lorenzo Ruiz falsely claimed United States Citizenship on or about June 28, 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.     

*          Manuel Martinez-Bautista, age 37, of  Grand Island, Nebraska, is charged with illegal reentry into the United States on or about September 26, 2014, following deportation as an aggravated felon. 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.

*          Everardo Moline-Cisneros, age 23, is charged with illegal reentry into the United States on or about September 27, 2014, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.

*          Miguel Alberto Monzon, age 42, of Norfolk, Nebraska is charged in a two-count Indictment.  Count I of the Indictment charges the defendant with possession with intent to distribute 50 grams or more of a  mixture containing methamphetamine on or about September 26, 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 II of the Indictment charges Monzon with possession with intent to distribute  a mixture containing heroin on or about September 26, 2014.   The maximum possible penalty if convicted is 20 years imprisonment, a $2,000,000 fine, a 3 year term of supervised release, and a $100 special assessment.

*          Alex Morales-Molina, age 27, of Omaha, is charged with illegal reentry into the United States on or about October 7, 2014, 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.

*          Frank Oliver,  age 30, is charged with felon in possession of a firearm on or about October 24, 2013.  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.

*          Kenneth Charles Poston, III, age 37, of Lincoln, is charged in a two-count Indictment.  Count I of the Indictment charges the defendant with distribution of child pornography on or about February 10, 2014.  The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, supervised release for Life, and a $100 special assessment.   Count II of the Indictment charges Poston possession of child pornography on or about August 29, 2014.  The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, supervised release for Life, and a $100 special assessment.  The indictment also alleges property used or intended to be used as part of this violation should be forfeited to the United States.

*          Juan Rodriguez-Rivas is charged with illegal reentry into the United States on or about September 15, 2014, following deportation as a felon. 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.

*          Alfredo Rojas-Martinez, age 47, is charged with illegal reentry into the United States on or about September 29, 2014, following deportation as a felon. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.

*          Hugo Salgado-Gonzalez, age 42, of Omaha, is charged with illegal reentry into the United States on or about September 18, 2014, 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.

*          Gilberto Salinas-Martinez, of Omaha, is charged in a three-count Indictment.  Count I of the Indictment alleges that on or about Septemer 4, 2012, the defendant falsely misused a Social Security Card knowing that said document was not issued lawfully for his use.  The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.  Count II of the Indictment alleges that on or about September 4, 2012, Salinas-Martinez used a State of Oklahoma non-driver’s License No. and a social security card 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. Count III charges that on or about June 28, 2013, Lorenzo Ruiz misused a Social Security Card knowing that said document was not issued lawfully for his use.  The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.  Count II of the Indictment alleges the defendant falsely claimed United States Citizenship on or about September 4, 2012.  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.     

*          Leland Brett Saul, age 50, of Omaha, is charged with failure to register as a sex offender in the State of Nebraska from on and before September 26, 2014.  The maximum possible penalty if convicted is 10 years imprisonment, a fine of $250,000, supervised release for life, and a $100 special assessment.        

*          Michael Settles, age 27, is charged with possession of a short shotgun not registered to him in the National Firearms Registration and Transfer Record.  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.

*          Christopher Shea, age 33, is charged in a three-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 beginning on or about June 1, 2014, and continuing to on or about October 9, 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 Shea with distribution of methamphetamine on or about September 12, 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. Count III of the indictment charges the defendant with possession with intent to distribute 50 grams of more of methamphetamine on or about October 9, 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.

*          Derel Smith, age 27, is charged in a three-count Indictment.  Counts I thru III of the Indictment charge the defendant with possession with intent to distribute a mixture of cocaine base on or about June 13, 2014, on or about June 26, 2014, and on or about July 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.

*          Robert R. Stoppel, age 55, of Lincoln, is charged with theft of government money from the Social Security Administration.  The defendant converted to his own use retirement benefit payments to which he knew he was not entitled, having a value of approximately $19,533.00.   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.     

United States Attorney Deborah R. Gilg announced that LaTosha Bolton, age 48, of Omaha, Nebraska, was convicted on October 16, 2014, after a jury found her guilty of theft of government property and mail fraud.  The Honorable Laurie Smith Camp presided over the trial that was held this week in Federal District Court.  Sentencing has been set for January 12, 2015.  Ms. Bolton faces 20 years of imprisonment on the mail fraud conviction and 10 years imprisonment for the theft.

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 mails.

The case was investigated by the Office of Inspector General, Social Security.

On October 9, 2014, Todd Shannon Bartusek, age 43 of Omaha, Nebraska, pled guilty to one count of Tax Evasion, a felony, before the Honorable Joseph F. Bataillon, Senior United States District Court Judge.  The penalty for such offense includes a term of imprisonment of up to five years, a $250,000 fine, or both such fine and imprisonment, and a term of supervised release of up to three years.  Bartusek is to be sentenced on January 9, 2015.

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, checks, 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. 

This case was investigated by the Internal Revenue Service.

On October 9, 2014, Inocencio Segura Jimenez, 32, of Lincoln, was sentenced to five years and ten months (70 months) in prison for possession with intent to distribute 50 grams or more of methamphetamine.  Following the prison term, Segura will serve three years on supervised release. 

On September 5, 2013, a search warrant was served by the Lincoln/Lancaster County Drug Task Force at Segura’s Lincoln residence.  Segura was present at the time the warrant was served, and he was found in possession of a roll of black electrical tape.  That black electrical tape matched tape which had been used to seal a plastic container found buried in the backyard of the residence.  That container was opened and found to contain 176.43 grams of methamphetamine with a purity of greater than 95%.  Information provided to law enforcement indicated that Segura intended to distribute that methamphetamine to other persons in the Lincoln area.

This case was investigated by the Lincoln/Lancaster County Drug Task Force.

On October 9, 2014, Roberto Sanchez Quiroz, 29, of Sanger, California, was sentenced to five years (60 months) in prison for possession with intent to distribute 100 grams or more of heroin.  Following the prison term, Quiroz will serve four years on supervised release. 

On November 20, 2013, Quiroz was contacted outside his Lincoln hotel by investigators who had received information regarding Quiroz’s possible involvement in drug transactions.  Quiroz consented to a search of his hotel room.  He was found in possession of 109.76 grams (3.8 ounces) of heroin and $14,598.78 in cash.  Quiroz told officers that he intended to sell the heroin in Omaha.   He said the cash represented proceeds from prior marijuana sales, and he was using that money to pay for his Lincoln hotel and other expenses while he prepared to go to Omaha to sell the heroin.

On October 8, 2014, Juan Carlos Garcia-Gamino, 26, a citizen of Mexico, was sentenced to 57 months in prison for possession with intent to distribute 500 grams or more of methamphetamine in Lincoln.  Garcia-Gamino was ordered to serve four years on supervised release following the prison term.  However, it is likely he will be deported upon completion of his prison sentence.

In December of 2013 and January of 2014, Garcia-Gamino sold one-ounce quantities of methamphetamine to an undercover officer in Lincoln on three occasions.  On April 4, 2014, Garcia-Gamino was contacted in Lincoln and consented to a search of his car.  During that search, officers found 906 grams, (approximately two pounds), of a substance later found to contain methamphetamine. 

This case was investigated by the Lincoln/Lancaster County Drug Task Force.

United States Attorney Deborah R. Gilg announced that Johnny Michael Castro, age 33 and formerly of North Platte, Nebraska, was sentenced on October 3, 2014, to a 30 month term of imprisonment for failing to register as a sex offender in the State of Nebraska after relocating here in early 2014.  After his release from prison, Castro will be required to serve a five year term of supervised release and be registered as a sex offender.

SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.  Castro was required to register as a sex offender because he had been convicted of sexual battery in 2001 in the Superior Court for Sacramento County, California.  This conviction required that Mr. Castro register as a sex offender in the state of California, and by federal law, in any other state to which he moved.

This case was investigated by the United States Marshals Service.

United States Attorney Deborah R. Gilg announced that Kurt Hansen, 34, of Fremont, Nebraska, was sentenced on October 2, 2014, to 5 years in prison by United States District Judge Joseph F. Bataillon. Hansen had previously pled guilty after he was caught with 12 grams of methamphetamine outside of a Fremont residence where agents were conducting a search warrant. Because Hansen possessed more than 5 grams of actual methamphetamine, he faced a mandatory minimum sentence of 5 years. After serving his sentence Hansen will be required to serve a Term of Supervised Release of 5 years.

This case was the result of an investigation by the III CORPS Drug Task Force.

United States Attorney Deborah R. Gilg announced that Cameron G. Beck, 27, of Omaha, Nebraska, was sentenced on September 23, 2014, to 46 months in prison by United States District Judge Lyle Strom. Beck was indicted after a search warrant executed on his residence located a 7.62 rifle with one drum magazine capable of holding over 50 rounds of ammo, one 30 round magazine with 30 rounds of ammo, and 3 empty handgun magazines. Beck is a convicted felon for aggravated driving while intoxicated 3rd offense. After serving his sentence, Beck will be required to serve a Term of Supervised Release of 3 years.

This case was the result of an investigation by the Nebraska State Patrol.

United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 25 indictments charging 27 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.

*          Fredy Aguilar-Portilo,  age 31, Jose Salazar-Billalba, age 44,  and Daniella Erickson, age 37, are charged with conspiracy to distribute and possess with intent to distribute 500 grams or more of a mixture containing methamphetamine and 5 kilograms or more of a mixture containing cocaine from an unknown date but at least as early as August 23, 2014, up to and including August 28, 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. 

*          Inocente Bonilla-Fraire, age 34, of Omaha, is charged with illegal reentry into the United States on or about August 19, 2014, 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.

*          Adrian Montoya Carlos, aka Ariel Montoya Carlos, age 29, of Lincoln,  is charged with being an illegal alien in possession of a firearm and ammunition on or about September 3, 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.

*          Raul Delgado-Medina, age 51, 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 methamphetamine from an unknown date but at least as early as August 7, 2014, up to and including September 5, 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.  Counts II, III and IV of the Indictment charge Delgado-Medina with possession with intent to distribute 50 grams or more of methamphetamine on or about August 8, 2014, on or about August 29, 2014 and on or about September 5, 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 for each count. 

*          James Kim Gatluak, aka Kim J. Gatluak, aka James Keem Gatluak,  age 25, of Omaha,  is charged with being a felon in possession of a firearm and ammunition on or about September 2, 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.

*          Levi Hallett, age 26, is charged in a three-count Indictment.  Count I of the Indictment charges the defendant with production of child pornography on or about May 17, 2013.  The maximum possible penalty if convicted is not less than 15 years in prison up to 30 years imprisonment, a $250,000 fine, supervised release for Life, and a $100 special assessment.   Count II of the Indictment charges Hallett with receipt and distribution of child pornography from on or about December 4, 2012 to on or about August 27, 2013.  The maximum possible penalty if convicted is 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 from on or about December 4, 2012 to on or about August 27, 2013.  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 property used or intended to be used as part of this violation should be forfeited to the United States.

*          Larry L. Hathaway, age 54, of Union, Nebraska, is charged in a two-count Indictment.  Count I of the Indictment alleges on or about May 25, 2011, the defendant submitted fraudulent statements on behalf of Lake WaConDa and Cass County SID #1 to the Federal Emergency Management Agency (FEMA) by submitting claims exceeding $245,000 for repairs to a boat ramp and boat trailer parking area knowing the statements were false.  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 Hathaway with making false claims to FEMA on or about May 25, 2011. 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 Andres Garcia Ibarra is charged with conspiracy to distribute and possess with intent to distribute 500 grams or more of a mixture containing methamphetamine from an unknown date but at least as early as September 2, 2014, up to and including September 3, 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. 

*          Juan Francisco Jaime-Gayton, age 35, of Omaha, is charged in a three-count Indictment.  Count I of the Indictment charges the defendant with misuse of a Social Security Number on or about March 26, 2012.   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 March 26, 2012,  the defendant made a false statement and claimed 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 charges that on or about March 26, 2012, Jaime-Gayton misused a Social Security Card and a State of Nebraska Identification Card, knowing that said documents were not issued lawfully for his use.  The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.

*          Sonia Lopez-Perez, age 35, of Crete, Nebraska is charged in a two-count Indictment.  Count I of the Indictment alleges the defendant misused a Social Security Card and a Missouri Identification Card, knowing that said documents were not issued lawfully for her use on or about April 12, 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 II of the Indictment charges the defendant with misuse of a social security number on or about April 12, 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.

*          Cirilo Mendez-Parra, age 34, of Omaha, is charged with illegal reentry into the United States on or about July 28, 2014, 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.

*          Enrique Najar, age21, and Brett Booker, age 20, are charged in a nine-count Indictment.  Count I of the Indictment charges the defendants with conspiracy to distribute and possess with intent to distribute a mixture containing 25B-NBOMe, beginning on or about March 1, 2014, and continuing to on or about September 10, 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.  Counts II, III, IV, V, VI, and VII of the Indictment charge Najar with distribution of a mixture containing 25B-NBOMe on or about March 26, 2014,  April 9, 2014, April 29, 2014, June 18, 2014, July 16, 2014, and July 24, 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.  Count VIII of the Indictment charges Najar with possession with intent to distribute a mixture containing 25B-NBOMe on or about September 10, 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.  Count IX of the Indictment charges Booker with possession with intent to distribute a mixture containing 25B-NBOMe on or about September 10, 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.  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 Count I of the indictment, including but not limited to  United States currency seized on September 10, 2014 at the residence of the defendant Brett Booker should be forfeited to the United States.

*          Jose Orellana-Sales, age 38, of Omaha, is charged with illegal reentry into the United States on or about September 9, 2014,  following deportation as a felon. 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.

*          Wilfredo Rodriguez-Ortega, age 29, is charged with distribution of 50 grams or more of methamphetamine on or about July 2, 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. 

*          Becky Ryan, age 44, of Valparaiso, Nebraska, is charged in an eight-count Indictment.  Counts I thru VIII of the Indictment charge Ryan with aiding and assisting in the preparation of eight different fraudulent U.S. Individual Income Tax Returns, Form 1040, on behalf of various taxpayers.  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 for each count.

*          Sergio Adrian Saldana-Arredondo, age 30, of Omaha, is charged with illegal reentry into the United States on or about September 3, 2014,  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 J. Solorzano-Farias, age 24, of Las Vegas, Nevada and Jose A. Solorio-Salinas, age 33,  of Burnsville, Minnesota, are charged in a two-count Indictment.  Count I of the Indictment charges the defendants with possession with intent to distribute 500 grams or more of a mixture containing methamphetamine on or about September 6, 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 the defendants with possession with intent to distribute 100 grams or more of a mixture containing heroin.  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.

*          Felix C. Uzoechi, age 48, of Omaha, is charged in a three-count Indictment.  Uzoechi is the owner and operator of Kabada Enterprises, L.L.C., doing business as African Farms, a retail grocery store.  The indictment alleges Uzoechi committed fraud by allowing the benefits to be exchanged for cash.  Counts I, II and III of the Indictment charge Uzoechi with exchanging benefits for cash on April 4, 2014, June 3, 2014 and July 2, 2014.  The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment for each count.

*          Shantoria Valentine-Deguenon, age 23, of Omaha, is charged with bank robbery of approximately $1,213 from Wells Fargo Bank, 4725 South 84th Street, Ralston, Nebraska, on or about July 28, 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.

*          Alberto Sanchez Villareal, age 37, is charged with possession with intent to distribute 5 grams or more of methamphetamine on or about August 19, 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. 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 Count I of the indictment, including but not limited to $10,247.00 in United States currency seized from 7416 Blondo Street, Apartment #1, Omaha, Nebraska, on August 19, 2014, should be forfeited to the United States.

*          Phillip M. Weber, age 38, is charged with car jacking a 2005 Mitsubishi Lancer from a person by force, violence, and intimidation, with the intent to cause death and serious bodily harm on or about June 6, 2014.  The maximum possible penalty if convicted is 15 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.

*          Daniel Webster III, age 22, of Macy, Nebraska, is charged with second degree murder on or about August 28, 2014.  The maximum possible penalty if convicted is Life imprisonment, a $250,000 fine, a 5 year term of supervised release, and a $100 special assessment.

*          Robert Weikle, age 44, is charged in a two-count Indictment.  Count I of the Indictment charges the defendant with possession with intent to distribute 5 grams or more of methamphetamine on or about August 5, 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 II of the Indictment charges Weikle with distribution of a mixture containing methamphetamine on or about February 25, 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.

*          Yusuf Xasan, age 21, of Grand Island, is charged with possession of a stolen firearm and ammunition on or about August 19, 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. 

*          Arturo Zepeda-Tovar, age 30, of Omaha, is charged with illegal reentry into the United States on or about August 25, 2014,  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.

On September 19, 2014, an Indictment was unsealed charging William Nathan Chandler, age 38 of Lincoln, with conspiracy to distribute and possess with the intent to distribute 500 grams or more of a mixture or substance containing methamphetamine between about January 1, 2012, and April 4, 2014.  The charge carries a possible penalty of not less than 10 years, nor more than life imprisonment, a fine of up to $10,000,000, and a term of supervised release following any prison term of at least five years, and a $100 special assessment. 

Chandler’s first court appearance was on September 19, 2014.  The matter was scheduled for trial beginning on November 17, 2014, and Chandler was ordered temporarily detained without bond.  Chandler’s next scheduled court appearance is a detention hearing on September 24, 2014. 

This case was investigated by the Lincoln/Lancaster County Drug Task Force.

United States Attorney Deborah R. Gilg announced that Jeffrey R. Rongish, age 31of Omaha, was sentenced in federal court in Omaha, Nebraska for receiving and distributing child pornography.  The Honorable Lyle E. Strom, Senior United States District Court Judge sentenced Rongish to a 78 month term of imprisonment.  There is no parole in the federal prison system.  After his release from prison Rongish will begin a twelve year term of supervised release and be required to register as a sex offender.    

On October 28, 2013, a Douglas County Sheriff’s deputy using an undercover computer detected a computer at Rongish’s northwest Omaha residence offering to share child pornography.  A search warrant was executed by members of the FBI Omaha Cyber Crimes Task Force on January 24, 2014.    

Rongish admitted downloading child pornography for over 15 years.  He provided agents with his encryption password.  Agents recovered 4,500 images of child pornography.  The images included children ranging from infants to teens engaged in sexually explicit conduct. 

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys= Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

United States Attorney Deborah R. Gilg announced that Ian B. Wait, 24, of Lincoln, Nebraska was sentenced for distributing child pornography.  The Honorable Richard G. Kopf, Senior United States District Court Judge sentenced Wait to prison for 135 months.  There is no parole in the federal prison system.  After his release from prison Wait will begin a 15 year term of supervised release and be required to register as a sex offender. 

Wait was brought to the attention of law enforcement based on a tip from the National Center for Missing and Exploited Children.  An Internet Service Provider reported a user was observed displaying an image of child pornography during a webcam session.  The Internet Protocol address of that user was provided to the Nebraska State Patrol.  The address was traced to Wait’s residence in Lincoln, Nebraska. 

On September 11, 2013, Wait admitted to an Investigator with the Nebraska State Patrol that he had used an internet service to distribute and receive child pornography.  He admitted to exchanging texts with an individual representing himself as a ten year old girl.  The communications resulted in Wait’s receipt of a sexually explicit photo of a ten year old girl.  Wait consented to a search of his computer.  A total of 867 images of child pornography were found on the computer.

United States Attorney Deborah R. Gilg expressed her appreciation to the Nebraska State Patrol for their investigation of this case.  The case was prosecuted under the Department of Justice’s Project Safe Childhood initiative.  Project Safe Childhood is 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.

United States Attorney Deborah R. Gilg announced that Steven Payment of Omaha, Nebraska, was sentenced on September 15, 2014, to 15 years in prison by United States District Judge Laurie Smith Camp. Payment had previously pled guilty for his involvement in a conspiracy to distribute multiple pounds of methamphetamine in Douglas and Sarpy Counties. Payment’s sentence was increased 5 years as he was found to have possessed a handgun during the course of the conspiracy. After serving his sentence, Payment will be required to serve a Term of Supervised Release of 5 years.

This case was the result of an investigation by the Sarpy County Sheriff’s Office.

United States Attorney Deborah R. Gilg announced that Tina L. Cash, of Inglewood, Dodge County, Nebraska, was sentenced on September 15, 2014, to 10 years in prison by United States District Judge Laurie Smith Camp. Cash had previously pled guilty for her involvement in assisting others with distributing methamphetamine after a January 7, 2014, search warrant on an Inglewood residence revealed more than 220 grams of crystal methamphetamine in a bedroom where Cash and another resided. After serving her sentence, Cash will be required to serve a Term of Supervised Release of at least 5 years.

This case was the result of an investigation by the III Corps Task Force.

On September 9, 2014, Stacy Lynn Henry, age 40 of Lincoln, was sentenced to 10 years and 10 months (130 months) in prison for conspiracy to distribute and possess with the intent to distribute 500 grams or more of a mixture or substance containing methamphetamine between January of 2012 and October of 2013.  Information provided to law enforcement indicated that Henry was responsible for the distribution of at more than 500 grams (approximately 18 ounces) of methamphetamine in the Lincoln area during that time-frame. 

Following the prison term, Henry will serve five years on supervised release.

This case was investigated by the Lincoln/Lancaster County Drug Task Force.

United States Attorney Deborah R. Gilg announced that Gregory Dreher of Omaha, Nebraska, was sentenced on September 8, 2014, to 114 months in prison by United States District Judge Laurie Smith Camp. Dreher had previously pled guilty for his involvement in distributing methamphetamine after a December 14, 2013, Omaha Police traffic stop revealed Dreher in possession of approximately 38 grams of methamphetamine and numerous small plastic baggies used to distribute narcotics. Dreher’s sentence was increased 30 months as he was serving a Term of Supervised Release from a previous drug conviction at the time of the traffic stop. After serving his sentence, Dreher will be required to serve a Term of Supervised Release of at least 4 years.

This case was the result of an investigation by the Omaha Police Department.

United States Attorney Deborah R. Gilg announced that United States District Court Judge John M. Gerrard sentenced Gomez, Inc., of Grand Island, Nebraska to serve 5 years of probation and pay a $50,000.00 fine following the company’s conviction for illegally structuring financial transactions.  Judge Gerrard also ordered the forfeiture of $10,361.70 and ordered the company to pay a $125.00 special assessment fee.

Between January 5, 2009, and March 30, 2012, Gomez, Inc., doing business as Fourth Street Auto Sales, deposited and directed currency deposits into bank accounts at various financial institutions.  Gomez, Inc. and its officers were aware of the financial institution’s legal obligation to report currency transactions in excess of $10,000.  During the period set forth in the information, Gomez, Inc., through its officers, intentionally structured and caused to be structured currency deposits to the bank in amounts under $10,000, in order to evade the reporting requirements under federal law.  During the period in question, Gomez, Inc. structured and caused to be structured currency transactions totaling between $1,000,000 and $2,082,338, including $10,361.70 seized by the United States as a result of the investigation.

“Structuring financial transactions to avoid currency reporting requirements is a criminal violation of federal law under the Bank Secrecy Act,” said Sybil Smith, Special Agent in Charge of IRS Criminal Investigation.  “We are committed to enforcing the law and following the money, wherever it leads.”

This case was investigated by IRS Criminal Investigation.

United States Attorney Deborah R. Gilg announced that Ralph Moreno, 52, of Gering, Nebraska, was sentenced in the United States District Court at Lincoln, Nebraska, for distributing child pornography.  The Honorable John M. Gerrard sentenced Moreno to 72 months imprisonment.  There is no parole in the federal prison system.  After his release from prison Moreno will begin a 5 year term of supervised release.  Moreno will also be required to register as a sex offender. 

On October 1, 2013, an Investigator with the Nebraska State Patrol downloaded a video of child pornography from Moreno’s computer.  Two days later, five additional videos of child pornography were downloaded from Moreno’s computer.  On November 12, 2013, Investigators with the Nebraska State Patrol executed a search warrant at Moreno’s residence.  A list of search terms for securing child pornography was found in his bedroom.  A forensic review of his computer revealed over 200 videos of child pornography collected over a five year period.  The videos depicted numerous prepubescent children.  The most common age range depicted was 6-12 years.  The videos were graphic and showed children engaged in various sexual acts. 

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov

United States Attorney Deborah R. Gilg announced that John Ways, Jr., 48, of Omaha, Nebraska, was found guilty of Conspiracy to Sell and Offer for Sale Drug Paraphernalia, Conspiracy to Distribute and Possess with Intent to Distribute Controlled Substances, Conspiracy to Commit Money Laundering, and being a Felon in Possession of Ammunition, following a 13-day jury trial.

The evidence presented at the trial showed Ways, from approximately February 2010 to December 2012, operated head shops in Nebraska and Iowa called Exotica.  The stores sold, among other things, drug paraphernalia and certain controlled substances which the witnesses referred to as bath salts, herbal incense, K2, and aromatherapy. 

The evidence in support of the money laundering conspiracy showed that Ways laundered the proceeds from the sales of these items by conducting financial transactions at various banks and credit unions in the Omaha area.

The evidence in support of the felon in possession of ammunition count showed that Ways, a previously convicted felon, possessed 800 rounds of 5.56 mm ammunition at one of his two residences. 

The jury also returned a Special Verdict forfeiting to the United States approximately $1,125,000.00 of funds, various items of drug paraphernalia, ammunition, gun safes, two vehicles, several computers and related equipment and Ways’ corporation, NKOSI, Inc.

Ways faces a combined possible maximum sentence, on all four counts, of 55 years in prison.  Ways’ sentencing is scheduled for November 20, 2014.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with the assistance of the Omaha Police Department, Nebraska State Patrol, Lincoln Police Department, Douglas County Sheriff’s Office, Council Bluffs Police Department, South Sioux City Police Department, University of Nebraska at Lincoln Police Department, and Drug Enforcement Administration.

United States Attorney Deborah R. Gilg announced that Todd Tackwell, age 39, formerly of Lincoln, Nebraska, was sentenced on August 26 in Lincoln, Nebraska, to 13 years in prison by United States Senior District Judge Richard G. Kopf, for receipt and distribution of child pornography.  After his release from prison, Tackwell will be required to serve a life term of supervised release and be registered as a sex offender.

Tackwell came to the attention of law enforcement through an investigation initiated by Immigration and Customs Enforcement into a criminal organization which was operating a commercial child pornography website.  Tackwell was determined to be a subscriber to the website.  In August of 2008 investigators contacted Tackwell at his residence in Hastings, at which time Tackwell admitted he possessed child pornography on his computer.  An indictment was filed in the District of Nebraska in 2010, as a result of a forensic examination of Tackwell’s computer hard drive which revealed videos depicting sexually explicit conduct of children. 

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 Adams County Sheriff, Nebraska State Patrol, and Immigrations and Customs Enforcement.

WASHINGTON – The former acting director of cyber security at the U.S. Department of Health and Human Services was convicted by a federal jury in the District of Nebraska today of engaging in a child exploitation enterprise, conspiracy to advertise and distribute child pornography, and accessing a computer with intent to view child pornography in connection with his membership in a child pornography website.

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 made the announcement.

Timothy DeFoggi, 56, formerly of Germantown, Maryland, is the sixth individual to be convicted as part of an ongoing investigation targeting three child pornography websites.  The three websites were run by a single administrator, who has since been convicted in the District of Nebraska of engaging in a child exploitation enterprise in connection with his administration of the sites.  

According to evidence presented at trial, DeFoggi registered as a website member on March 2, 2012, and maintained his membership and activity until Dec. 8, 2012, when the website was taken down by the FBI.  Through the website, DeFoggi accessed child pornography, solicited child pornography from other members, and exchanged private messages with other members where he expressed an interest in the violent rape and murder of children.  DeFoggi even suggested meeting one member in person to fulfill their mutual fantasies to violently rape and murder children. 

The jury reached its verdict following a four-day trial before U.S. Chief District Judge Laurie Smith Camp.  Sentencing is scheduled for Nov. 7, 2014.

This case is a result of investigative efforts led by the FBI’s Omaha Field Office, Violent Crimes Against Children Section, Major Case Coordination Unit, and Digital Analysis and Research Center.  This case was prosecuted by Trial Attorneys Keith Becker and Sarah Chang of the Criminal Division’s Child Exploitation and Obscenity Section, along with Assistant U.S. Attorney Michael P. Norris of the U.S. Attorney’s Office for 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.

United States Attorney Deborah R. Gilg announced that Tempest Amerson, 24, of Lincoln, Nebraska, and Rosland Starks, 45, of Council Bluffs, Iowa, were sentenced on August 21, in Lincoln, Nebraska, by United States District Judge John M. Gerrard, for conspiracy to commit wire fraud.  Amerson received a sentence of 4 months in prison, and Starks received a sentence of 20 months in prison for their roles in the conspiracy.  After their release from prison, each will be required to serve a 3 year term of supervised release, and to pay restitution in the amount of $13,671.

The conspiracy which led to the convictions of Amerson and Starks stems from their participation in a scheme which defrauded victims beginning on or about May 2011, and continuing through at least November 2013.  As a part of the scheme, co-conspirators would contact elderly individuals in multiple states by phone, and convince the victims to wire money to another member of the conspiracy.  Amerson and Starks would receive the wired monies or transfer the monies to another member of the conspiracy after keeping a portion for themselves.  To convince the victim to wire money, the caller would purport to be a family relative, or person acting on a relative’s behalf, who needed money immediately due to fabricated emergencies such as motor vehicle accidents or arrests.

This case was investigated by Homeland Security Investigations, United States Department of Homeland Security.

United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 26 indictments charging 31 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.

*          Paloma Aguirre, age 28, of Lexington, Nebraska, is charged in a two-count Indictment.  Count I of the Indictment charges the defendant with distribution of a mixture containing methamphetamine on or about June 20, 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.  Count II of the Indictment charges Aguirre with possession with intent to distribute 50 grams or more of a mixture containing  methamphetamine on or about June 4, 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.

*          Amber Alvord, age 35 and Thomas Perez, age 32, both of Omaha are charged in a seven-count Indictment.  Count I of the Indictment charges the defendants with conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine beginning on or about June 1, 2013, and continuing to on or about April 17, 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.   Counts II and III of the Indictment charge Alvord with distribution of a mixture containing methamphetamine on or about June 12, 2013 and June 25, 2013.  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 and VI of the Indictment charge Alvord and Perez with possession with intent to distribute 5 grams or more of methamphetamine on or about April 2, 2014 and April 17, 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 SA for each count.  Counts V and VII of the Indictment allege that on or about April 2, 2014 and April 17, 2014, the defendants used or carried a firearm during and in relation to, or possessed a firearm in furtherance of, the drug trafficking offense alleged in Count I. 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 for each count. 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 Count I of the indictment, including but not limited to $2,500.00 in United States currency seized on April 2, 2014, and $1,520.00 in United States currency seized on April 17, 2014 should be forfeited to the United States.

*          Jose Barraza, age 37, is charged with traveling in interstate commerce from beginning on or about January 2000, and continuing until on or about December 2012, to distribute the proceeds of an unlawful activity, namely a business enterprise involving distribution of methamphetamine and cocaine. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 years term of supervised release, and a $100 special assessment. 

*          Howard Barta, age 51, and Dennis Wood, age 58, both of Columbus, Nebraska , are charged in a twenty-four count Indictment.   Count I of the Indictment charges both defendants with conspiracy to commit mail fraud and wire fraud from on or about January, 2010, and continuing through on or about March, 2011.   The maximum possible penalty if convicted is 20years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Counts  II thru XVI of the Indictment charge Barta and Wood with mail fraud from on or about January, 2010 through on or about March, 2011.   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 XVII thru XXIV of the Indictment charge the defendants with wire fraud from on or about January, 2010 through on or about March, 2011.  The maximum possible penalty if convicted is 20years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment for each count.  It is alleged Barta and Wood would contact people throughout the United States who had advertised items for sale on Craigslist and would agree to buy the item and send payment for it.  The defendants would then send a counterfeit cashier’s check or money order to the victims that greatly exceeded the sale price of the Craigslist item.  The victim would be instructed to deposit the counterfeit items into the victim’s bank account and send the extra money back to the defendants.  Barta and Wood mailed out approximately 4,478 counterfeit money orders and cashier’s checks to approximately 1,896 victims and attempted to cause losses amounting to $4,633,476.

*          Patrick Burden, age 31, is charged with distribution of 5 grams or more of methamphetamine on or about April 25, 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. 

*          Pedro Pani De La Cruz and Felipe Soto-Moncado are charged in a two-count Indictment.  Count I of the Indictment charges the defendants with conspiracy to distribute counterfeit social security cards from on or about December 13, 2013, and continuing until on or about July 30, 2014.    The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.  Counts II and III of the Indictment charge Soto-Moncado with unlawful transfer of a false social security card on December 13, 2013 and January 9, 2014.  The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment for each count.  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 Count I of the indictment should be forfeited to the United States.

*          Dylan Donnell, age 22, of Auburn, Nebraska, is charged with five counts of bank fraud from on or about October 15, 2013 to on or about January 24, 2014.  Donnell allegedly lied to the bank regarding the purpose for loans he obtained from the bank and regarding the existence of collateral for the loans.  The total loss to the bank was approximately $92,452.00.  The maximum possible penalty if convicted is 30 years imprisonment, a $1,000,000 fine, a 5 year term of supervised release, and a $100 special assessment for each count. 

*          Gualberto Flores-Saavedra, age 35, of Omaha, is charged with illegal reentry into the United States on or about August 1, 2014, 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.

*          Rudy Gaoraldno, age 25, of Fremont, is charged with illegal reentry into the United States on or about July 23, 2014, 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.

*          Abraham Garcia-Dominguez, age 32, of Omaha, is charged with illegal reentry into the United States on or about July 17, 2014, 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.

*          Juan Jimenez-Campos, age 30, of Omaha, is charged with illegal reentry into the United States on or about July 9, 2014, 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.

*          Richard Allen Knight, age 44, of Shenandoah, Iowa, is charged with failure to register as a sex offender in Nebraska from at least on or about March 28, 2014, to on or about May 26, 2014.  The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 5 year to Life  term of supervised release, and a $100 special assessment.

*          Jacque Little, age 28, of North Platte, Nebraska, is charged with conspiracy to distribute and possess with intent to distribute a mixture containing methamphetamine beginning on or about May, 2014, and continuing to on or about July, 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. 

*          Alberto Melgarejo-Cruz, age 46, of Omaha, is charged with illegal reentry into the United States on or about July 24, 2014, 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.

*          Reynaldo Perez, Jr., age 34, and Jamie Perez, age 31 both of North Platte, Nebraska, are charged with conspiracy to distribute and possess with intent to distribute a mixture containing methamphetamine beginning on or about February, 2014, and continuing to on or about July, 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. 

*          Gabino Quintana-Escalera, age 54, of Omaha, is charged with illegal reentry into the United States on or about August 12, 2014, following deportation as a felon. 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.

*          Danny Reed, age 59, of McCook, Nebraska, and Tammy Knight, age 38, are charged with possession with intent to distribute 50 grams or more of a mixture containing methamphetamine on or about July 11, 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. 

*          Jose Angel Reyes, age 36, of Lincoln, Nebraska, and Chelsey Skeahan, age 30, of Ceresco, Nebraska 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 50 grams or more of a mixture containing methamphetamine beginning on or about May, 2013, and continuing to on or about April 15, 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 II of the Indictment charges Reyes and Skeahan with possession with intent to distribute a mixture containing marijuana on or about January 30, 2014.  The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 2 year term of supervised release, and a $100 special assessment. The indictment also alleges any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the violation alleged in Count I of the indictment, including but not limited to $2,080.00 in United States currency seized on January 30, 2014, and $1,999.00 in United States currency seized on April 15, 2014,  should be forfeited to the United States.

*          Ross Rivera, age 30, and Sheena Strand, age 27, of North Platte, Nebraska are charged with possession with intent to distribute 50 grams or more of a mixture containing methamphetamine on or about July 11, 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.

*          Joel Ruiz-Rebollar, age 30, of Omaha, is charged with illegal reentry into the United States on or about July 22, 2014,  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.

*          Domingo Tercero-Raymundo, also known as Joel Perez, also known as Mario Chavez, also known as Noe Pena Santos, age 36, is charged with illegal reentry into the United States on or about June 30, 2014, 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.

*          Nicolas Urbieta, age 30, is charged in a four-count Indictment.  Counts I thru III charge the defendant with distribution of methamphetamine on or about May 3, 2014, May 7, 2014 and May 9, 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.  Count IV of the Indictment charges Urbieta with distribution of 5 grams or more of methamphetamine on or about May 15, 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.  

*          Juan Velasquez-Salgado, age 32, of Omaha, is charged with illegal reentry into the United States on or about August 1, 2014, 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.

*          Hendri Vicente Puac, age 33, of Grand Island, Nebraska, is charged with illegal reentry into the United States on or about May 12, 2014, 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.

*          Kristine Warren, age 23, of LaVista, Nebraska, is charged with conspiracy to distribute and possess with intent to distribute hydrocodone beginning on or about January, 2014, and continuing to on or about May 28, 2014. The maximum possible penalty if convicted is 10 years imprisonment, a $500,000 fine, a 2 year term of supervised release, and a $100 special assessment. 

*          Brenda Warta, age 55, of Grand Island, Nebraska, is charged in a three-count Indictment.  Count I of the Indictment charges the defendant with bank fraud resulting in a loss to Platte Valley State Bank and Trust Company of $431,952.00 from on or about September 13, 2005 through on or about September 16, 2006.  The maximum possible penalty if convicted is 30 years imprisonment, a $1,000,000 fine, a 5 year term of supervised release, and a $100 special assessment.  Counts II and III of the Indictment charge Warta with false statements on loan and credit applications regarding the existence of collateral for the loans.   The maximum possible penalty if convicted is 30 years imprisonment, a $1,000,000 fine, a 5 year term of supervised release, and a $100 special assessment for each count. 

United States Attorney Deborah R. Gilg announced that Vance David Baumbach, 37, formerly of Oxford, Nebraska, was sentenced today in Lincoln, Nebraska, to 15 years in prison by United States Senior District Judge Richard G. Kopf, for receiving child pornography.  After serving his prison term, Baumbach will be on supervised release for the remainder of his life and must continue to register as a sex offender.  Baumbach must also pay $5,000 in restitution and the attorney fees for three of the identified victims in this case.
 
In August of  2013, investigators of the Nebraska Attorney General’s Office became aware of a computer IP address that was offering to participate in the sharing of files that had been flagged in an on-going child pornography investigation.  Upon further investigation, it was found that other law enforcement agencies had also noted that the same computer IP address was using the Gnutella file sharing network.   Investigators were also able to determine that between August 7, 2013, and August 19, 2013, that computer had offered to participate in the sharing of 812 different files.  Of those, 172 had been classified as "notable" by law enforcement. 

Investigators found that the IP in question was assigned to a residence in Oxford, Nebraska, and subsequently determined that Baumbach resided at that same address.  A search warrant was executed and a computer and numerous hard drives were seized.  After examination, over 1,000 files affiliated with child sexual exploitation were located.

At the time of his arrest on the receipt charges, Baumbach was already a registered sex offender and was on parole out of Colorado.  He was previously convicted of offenses relating to child sexual assault.

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 visitwww.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 Nebraska Attorney General’s Office and the Nebraska State Patrol.

On August 20, 2014, Joshua Dain Pearce, 30, of Lincoln, was sentenced to 130 months in prison for conspiracy to distribute and possess with the intent to distribute methamphetamine.  Following the prison term, Pearce will serve four years on supervised release. 

Information provided to law enforcement indicated that between December of 2011 and August of 2013, Pearce was involved in the distribution of at least 500 grams (approximately 18 ounces) of methamphetamine in the Lincoln area.  Confidential informants and an undercover officer made three purchases of methamphetamine from Pearce in late 2012 and the spring of 2013 for a total of approximately ¼ ounce of methamphetamine.

This case was investigated by the Lincoln/Lancaster County Drug Task Force.

Chief United States District Court Judge Laurie Smith Camp sentenced Randall J. Thompson, age 65 of Omaha, Nebraska, upon his conviction for failing to pay over to the IRS the federal income taxes which had been withheld from his employees’ paychecks.  Judge Smith Camp sentenced Thompson to six months  imprisonment to be followed by three years of supervised release.  Thompson was also ordered to pay restitution to the IRS in the amount of $95,505.42.

Thompson formed a company called American Medical Files, LLC (hereinafter referred to as “AMF”) in 2006.  He served as the President and CEO of AMF from its inception through 2008.  Thompson maintained control of AMF’s financial accounts and was the person responsible for paying over to the IRS the payroll taxes which had been withheld from AMF’s employees’ paychecks.

AMF was required to make deposits of the payroll taxes to the IRS on a periodic basis.  In addition, AMF was required to file, following the end of each calendar quarter, an Employer’s Quarterly Federal Income Tax Return (Form 941) setting forth the total amount of wages and other compensation subject to withholding, the total amount of income tax withheld, the total amount of Social Security and Medicare taxes due, and the total tax deposits.  Although the Form 941 was filed by AMF for the last quarter of 2007 and the first quarter of 2008, Thompson failed to pay over to the IRS the payroll taxes that had been withheld.  The total amount that should have been paid for these two quarters was $95,505.42.

The investigation revealed that during the last quarter of 2007 and the first quarter of 2008, AMF took in approximately $775,000 and paid out approximately $982,000.  The amount paid out by AMF included distributions to Thompson which far exceeded the amount of withholding taxes which should have been paid to the IRS.

“Business owners have a responsibility to withhold income taxes for their employees and then remit those taxes to the Internal Revenue Service,” said Sybil Smith, Special Agent in Charge of IRS Criminal Investigation.  “The failure to pay over withheld taxes results in lost tax revenue to the United States and the possible loss of future social security or Medicare benefits for the employees.”

This case was investigated by IRS Criminal Investigations.

On August 15, 2014, Jamie Eugene Tuggle, 33, formerly of Lincoln, was sentenced to 164 months in prison for possession with intent to distribute 5 grams or more of methamphetamine and a consecutive sentence of 24 months for being a felon in possession of a firearm while on pretrial release.  Following the prison terms, Tuggle will serve five years on supervised release.  He also ordered to pay $200 in special assessments and forfeit $301.00 in cash to the United States.

Tuggle was originally indicted in August of 2013 for possession of 5 grams or more of methamphetamine with intent to distribute.  That charge resulted from the execution of a search warrant at his Lincoln residence on June 30, 2013.  During that search, Lincoln police officers found 28.5 grams of a substance containing methamphetamine which was determined to be approximately 85% pure.  Officers also found items consistent with the sale of methamphetamine in Tuggle’s residence.  Tuggle was contacted and was found to be in possession of $301.00 in cash.  Tuggle waived his Miranda rights and admitted that the drugs found during the search of his residence belonged to him.

On October 15, 2013, Tuggle was released from custody on conditions.  On December 6, 2013, Tuggle was arrested in York, Nebraska by the United States Marshal’s Service.  During a search of Tuggle’s bedroom, a handgun was found.  Tuggle had two prior felony convictions at the time of his arrest. 

An Information was filed which added the charge of felon in possession of a firearm while on pretrial release to the drug charge.  Tuggle pled guilty to both charges on April 3, 2014.

This case was investigated by the Lincoln/Lancaster County Narcotics Task Force and the United States Marshal’s Service.

United States District Court Judge Joseph F. Bataillon sentenced Lila Mechaley, age 53 of Niobrara, Nebraska, upon her conviction for theft of funds on the Santee Sioux Indian Reservation.  Judge Bataillon ordered Mechaley to serve five years of probation and to perform 200 hours of community service.  Mechaley was also ordered to pay restitution in the amount of $16,726.22 to the Village of Santee.

Mechaley was the Village Clerk for the Village of Santee during the 2010 to 2012 timeframe.  As the Village Clerk, Mechaley maintained possession of the checkbook utilized by the village and was the bookkeeper on the account.  She also had signature authority on the account.  Beginning in March of 2010 and continuing through June of 2012, Mechaley wrote unauthorized checks to herself totaling $16,726.22.  Although the Village of Santee required two signatures on all checks, Mechaley signed the checks in her capacity as Village Clerk and she also forged the signature of the Chairman of the Village Board.  The theft of funds was discovered by the Vice President of the Village Board when he gathered bank statements and cancelled checks in order to provide information relating to a grant which had been awarded to the Village of Santee.

This case was investigated by the Federal Bureau of Investigation.

Richard Brownrigg, age 59 of Winnebago, Nebraska, was sentenced upon his conviction for forcibly resisting a Bureau of Indian Affairs Police Officer.  Chief United States District Court Judge Laurie Smith Camp sentenced Brownrigg to serve five years of probation and ordered him to pay a special assessment of $100.

On November 2, 2013, a Winnebago BIA police officer responded to a disturbance call involving Brownrigg.  As Brownrigg drove away from the scene, the officer followed and activated his emergency lights.  Rather than stopping, Brownrigg drove away at a high rate of speed.  When Brownrigg eventually stopped and the officer approached his vehicle, Brownrigg stated he was not going to let the officer arrest him.  Brownrigg then attempted to drive away as the officer was standing by the vehicle, but the officer was able to dive into the vehicle and turn off the engine.  Brownrigg also physically resisted the officer’s attempts to place handcuffs on him.

This case was investigated by the Bureau of Indian Affairs.

A federal jury in Omaha, Nebraska, found Donna Marie Kozak guilty on Friday of conspiracy to file and filing false liens against two U.S. District Court judges, the U.S. Attorney for the District of Nebraska, two Assistant U.S. Attorneys and an Internal Revenue Service (IRS) special agent, the Justice Department announced.

The federal jury also convicted Kozak of filing a false claim against the United States for $660,000 and for corruptly endeavoring to obstruct the due administration of the internal revenue laws. Kozak was remanded into custody pending sentencing. The maximum prison term for each false lien charge is 10 years, five years for the false claim charge and three years for the obstructing the IRS charge. Many of the offenses have an additional 10 years of potential imprisonment because they were committed while Kozak was on pretrial release.

Based on the evidence introduced at trial and court filings, Kozak, a former member of the so-called sovereign citizen group “Republic for the United States of America,” engaged in a conspiracy to retaliate against federal officials involved in the criminal investigation and prosecution of David and Bernita Kleensang, associates of Kozak who were convicted of federal tax crimes in 2012. Kozak initially retaliated against the federal judge who presided over the Kleensang trial by filing a false lien against her for $19 million with the Boyd County, Nebraska, clerk’s office. After a federal grand jury indicted Kozak for filing the false lien and for federal tax crimes, she filed five $18 million false liens against federal officials at the Washington County, Nebraska, register of deeds office while on pretrial release.

The evidence introduced at trial and court filings also showed that since the late 1990s, Kozak has engaged in a long series of fraudulent schemes to obstruct the internal revenue laws. These included placing her property in sham trusts, establishing a sham charitable foundation, sending harassing correspondence to IRS employees and filing bogus tax returns, trust returns, private-foundation returns and other false documents with the IRS. In 2008, she filed a tax return based on fictitious income and tax withholdings on Form 1099-OID statements that claimed a refund of $660,000.

This case was investigated by special agents of the FBI and IRS-Criminal Investigation. Trial Attorneys Brian Bailey and Matthew Hoffman of the department’s Tax Division prosecuted the case.

Additional information about the Tax Division and its enforcement efforts may be found at the division website.

On July 28, 2014, an Indictment was unsealed charging Jason Michael Leatherwood, 41, of Lincoln, with 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 January of 2014.  The possible penalty is not less than 10 years, nor more than life imprisonment, a fine of up to $10,000,000, and a term of supervised release following any prison sentence of at least five years. 

            Leatherwood had an initial appearance in federal court in Lincoln on July 29, 2014.  Trial was scheduled to begin on September 30, 2014, and Leatherwood was released on conditions.

This case was investigated by the Lincoln/Lancaster County Drug Task Force.

United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 25 indictments charging 27 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.

*          Filimon Abarca-Gallardo, age 33, of Ralston, Nebraska, is charged with illegal reentry into the United States on or about July 16, 2014, 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 Barrios-Perez, age 41, of Omaha, is charged with illegal reentry into the United States on or about June 11, 2014, following deportation as a felon. 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.

*          Eric-Arnaud Benjamin Briere De L’Isle,  age 32, of Atlanta, Georgia,  is charged with intent to defraud and possession of 15 or more counterfeit and unauthorized access devices on or about June 20,  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.

*          James M. Brunzo, Jr., age 48, of Omaha, is charged with possession with intent to distribute 50 grams or more of methamphetamine on or about June 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. 

*          Adam M. Crom, age 28, of Bellevue, Nebraska, is charged with distribution of 5 grams or more of methamphetamine on or about July 1, 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.

*          Melissa S. Edwards, age 41, of Sioux City, Iowa, is charged with theft of government money and property.  The defendant allegedly converted to her own use more than $150,000 of currency and property from the Department of Housing and Urban Development.   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.

*          Amancio Estrada-Martias, age 48, is charged with illegal reentry into the United States on or about June 25, 2014, following deportation as a felon. 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 Angel Felix Gurrola, age 34, is charged with possession with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine on or about July 2, 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. 

*          Jerrell D. Jackson, age 25; of Omaha, is charged with being a felon in possession of a firearm on or about March 28, 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.

*          Mario Alberto Jimenez-Becerril , age 49, is charged with illegal reentry into the United States on or about July 3, 2014, 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.

*          Breidi Josue, also known as Breidi Gonzalez-Canaca, age 27,  is charged in a three-count Indictment.  Count I of the Indictment charges the defendant with misuse of a Social Security Number on or about July 27, 2012.    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 that on or about July 27, 2012, Josue misused a Social Security Card and a State of Nebraska non driver’s License, knowing that said documents were not issued lawfully for his use.  The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.  Count III of the Indictment alleges on or about July 27, 2012,  the defendant made a false statement and claimed 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.

*          James C. Lebo, age 45, 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 December 1, 2013, to on or about June 18, 2014.  The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine,  supervised release for life, and a $100 special assessment.  Lebo is charged in Count II with possession of child pornography from on or about June 8, 2014.  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 property used or intended to be used as part of this violation should be forfeited to the United States.

*          Juan Reynaldo Medina-Parra, also known as Eliseo Medina-Garcia, age 37, is charged in a two-count Indictment.  Count I of the Indictment charges the defendant with conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine and a mixture or substance containing a detectable amount of heroin from an unknown date but at least as early as May 2012, and continuing to in or about October 2012.  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-Parra with money laundering from an unknown date but at least as early as May 2012, and continuing to in or about October 2012.  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 Mejia-Guardado, age 30, of Omaha, is charged with illegal reentry into the United States on or about June 13, 2014, 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 Pascual-Villa, age 27; Jose Erives-Rios, age 24; and Amber Hughes, age 32 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 50 grams or more of methamphetamine beginning on or about July 1, 2013, and continuing to on or about June 4, 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 alleges that on or about June 4, 2014, Pascual-Villa possessed a North American Arms Guardian .380 firearm, during and in relation to, and in furtherance of the drug trafficking offense alleged in Count I. The maximum possible penalty 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. 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 Count I of the indictment, or property used to facilitate the violation, including but not limited to $9,045.00 in United States currency should be forfeited to the United States.

*          Froilan Penaloza-Gutierres, also known as Horacio Lozano-Gutierrez,  age 31, of Omaha, is charged with illegal reentry into the United States on or about July 3, 2014, 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.

*          Cesar Reyes-Garcia,  age 25, of Omaha, is charged with illegal reentry into the United States on or about July 15, 2014, 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.

*          David Roberts, age, 41, of Omaha, is charged with ten counts of wire fraud from at least June, 2011, and continuing through at least February, 2012.  It is alleged that Roberts fraudulently received checks purported to be payments for purchases for services and products, in the approximate amount of $91,669.81  The maximum possible penalty for each of these counts if convicted is 20 years imprisonment, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.

*          Salvador Sanchez-Barron,  age 28, of Lincoln, is charged with illegal reentry into the United States on or about December 16, 2013, 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.

*         Paul M. Tegeler,  age 67, of Lexington, Nebraska, is charged with coercion and online enticement of a minor on or about April 23, 2014, and continuing until May 3, 2014.  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 property used or intended to be used as part of this violation should be forfeited to the United States.

*          Luciano Tobar-Tobar,  age 42, of Omaha, is charged with illegal reentry into the United States on or about July 15, 2014,  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.

*          Randall W. Toothaker, age 57, of Lincoln, is charged with theft of Government property from the United States Department of Veteran Affairs on July 26, 2013.  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. 

*          Bernard Randolph Turner, Jr., is charged with being a felon in possession of a firearm on or about June 13, 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.

*          Francisco Vasquez-Chavez, age 43, of Fremont, Nebraska, is charged with illegal reentry into the United States on or about July 10, 2014, following deportation as a felon. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year team of supervised release, and a $100 special assessment.

*          Hugo Vicente-Vicente, age 29, of Grand Island, Nebraska, is charged with illegal reentry into the United States on or about August 17, 2013, following deportation as a felon. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year team of supervised release, and a $100 special assessment.

United States Attorney Deborah R. Gilg announced that Daniel Stratman, age 23 of Omaha, Nebraska, was sentenced on July 24, 2014, in Lincoln, Nebraska, to 6 months in prison by United States District Judge John M. Gerrard for one count of Fraud and Related Activity in Connection with Computers.  Stratman will be allowed work release while serving his prison sentence, and will then be required to serve a 3 year term of supervised release.  He is also ordered to pay $107,722.58 in restitution.

A security breach of the University of Nebraska and the Nebraska State College System database was discovered in May of 2012.  Investigation led law enforcement to Stratman, a senior at UNL at the time of the intrusion.  A search warrant of his residence and forensic examination of his computers verified that Stratman had damaged the integrity of the protected computer systems and records maintained by the University of Nebraska and the Nebraska State College Systems.

This case was investigated by the University of Nebraska Police Department, the Lincoln Police Department, the Federal Bureau of Investigation, and the Office of the Inspector General, United States Department of Education.

United States Attorney Deborah R. Gilg announced that Bobby Gene Clark, Jr., age 47 of York, Nebraska, was sentenced on July 18, in Lincoln, Nebraska, to 23 years in prison by United States District Judge John M. Gerrard for production of child pornography.  After his release from prison, Clark will be required to serve a 20 year term of supervised release and be registered as a sex offender.  A hearing to address restitution is scheduled for a later date.

In May of last year, the York Police Department received information regarding a report of a sexual assault on a minor which occurred in York.  The minor, age 7 at the time, was able to describe the residence at which the assault occurred, and investigators obtained and executed a search warrant at the location.  Seized during the search was as laptop computer which contained a video file of the sexual assault of the child.

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, 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 York Police Department.

United States Attorney Deborah R. Gilg announced that Christopher Chramosta was sentenced to sixty months imprisonment by Judge John M. Gerrard following his conviction for conspiracy to distribute marijuana.  Following his release from incarceration, he will serve four years of supervised release.  Chramosta was ordered to forfeit to the United States certain computer equipment, $64,810.00 in cash, a 2012 BMW 550i sedan and a 1969 Mustang Mach 1.  He will also be required to pay a money judgment in the amount of $120,000.00. 

Between approximately June, 2011 through June 7, 2013, Chramosta and others were involved in the distribution of marijuana originating from California and distributed in the Lincoln, Nebraska area. 

This case was investigated by the Lincoln-Lancaster County Narcotics Task Force.                                          

United States Attorney Deborah R. Gilg announced that Lori Jenkins, age 47 of Omaha, was sentenced to 120 months imprisonment for two counts of being a felon in possession of ammunition.  The sentences are to run concurrent.  Ms. Jenkins was placed on three years of supervised release following her release from incarceration.  She was also ordered to pay a $100 special assessment on each count.  The Honorable Laurie Smith Camp, Chief Judge of the United States District Court, presided.

Ms. Jenkins was previously found guilty by a jury on April 3, 2014, for purchasing ammunition on August 2, 2013 from Canfield’s and August 20, 2013, from Sol’s. 

This case was investigated by the Omaha Police Department and the Douglas County Sheriff’s Office.

United States Attorney Deborah R. Gilg announced that Ranelle Perry of Omaha was sentenced on July 14, 2014, to 30 years in prison by United States District Judge Laurie Smith Camp. Perry had previously pled guilty to using a firearm during, and in relation to, a drug trafficking crime.
 
In October 2013, Perry was arrested in a High Intensity Drug Trafficking Area Program (HIDTA) sponsored law enforcement initiative that targeted gang violence in Omaha.  During the joint investigation between the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Omaha Police Department, Perry sold two rifles, two handguns, and 8 grams of crack cocaine to a felon who was working with law enforcement as a cooperating witness.    

This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Omaha Police Department.

United States Attorney Deborah R. Gilg announced that Jarez Wilson of Omaha, also known as “Turk,” was sentenced on July 11, 2014, to a total of 144 months in prison by United States District Judge Joseph Bataillon. Wilson had previously pled guilty to being a felon in possession of a firearm and using a firearm during and in relation to a drug trafficking crime.
 
In October 2013, Wilson was arrested in a HIDTA, (High Intensity Drug Trafficking Area Program), sponsored law enforcement initiative that targeted gang violence in Omaha.  During the joint investigation between the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Omaha Police Department, Wilson sold three firearms and over a quarter pound of marijuana to two different felons who were working with law enforcement as cooperating witnesses.    

This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Omaha Police Department.

Matthew C. Steging, age 42 of Emerson, Nebraska, was sentenced in United States District Court in Omaha, Nebraska, for producing child pornography.  The Honorable Joseph F. Bataillon sentenced Steging to a fifteen year term of imprisonment.  There is no parole in the federal prison system.  After his release from prison Steging will begin a fifteen year term of supervised release.  He will also be required to register as a sex offender.

On August 26, 2013, a search warrant was executed at Steging’s residence in Emerson.  Agents were seeking evidence related to the manufacture and possession of child pornography.  Forensic analysis located 10 movie clips.  The movies were filmed at the residence.  The movies depicted a sleeping ten year old girl being sexually abused.  The abuse continued at various points throughout the evening and into the next morning.  No faces were depicted in the videos.  Steging was identified by a distinctive tattoo on his hand.

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.

United States Attorney Deborah R. Gilg announced that David B. Romanski, 40, of Lincoln, Nebraska, was sentenced on July 9, 2014, in Lincoln, Nebraska, to nine years in prison by Senior United States District Judge Lyle E. Strom, for receipt of child pornography.  After his release from prison, Romanski will be required to serve a 5 year term of supervised release and be registered as a sex offender.

While conducting an operation in February of last year, investigators with the Lincoln Police Department were investigating computers sharing child pornography on the internet.  An IP address, assigned to Romanski was identified as having files of child pornography available on the Internet.   On three occasions, investigators were able to make a direct connection to the computer at Romanski’s IP address and access the child pornography. 

A search warrant was executed at Romanski’s residence.  When investigators examined Romanski’s computers and external hard drive, they found over 1300 videos depicting sexually explicit conduct of children under the age of 18, including a number of videos which were allowed to be shared on a peer-to-peer network.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

This case was investigated by the Lincoln Police Department.

United States Attorney Deborah R. Gilg announced that James Leonard Holt, 64, of Omaha, Nebraska, was sentenced today in Lincoln, Nebraska, to five years of probation by United States District Judge Lyle E. Strom, after pleading guilty to an information charging him with 9 counts of theft of public money.   Additionally, Mr. Holt’s former business, Umoja, P.C., was also convicted on a one-count indictment charging health care fraud and sentenced to five years of  probation.  Both Mr. Holt and Umoja, P.C., were ordered to jointly pay $15,530.54 in restitution to the Nebraska Department of Health and Human Services, Division of Medicaid and Long Term Care.

Holt has a masters degree in social work and was a licensed mental health counselor.   Umoja, P.C., was incorporated in September of 2008 and both Holt and Umoja were enrolled providers with the Nebraska Medicaid Program.  Between approximately September of 2009 and September of 2012, Holt and Umoja, P.C. fraudulently submitted claims and unlawfully took money by submitting the false claims to Nebraska Medicaid for reimbursement.  These claims were purportedly for sessions of individual and family psychotherapy.  The claims submitted by Holt and Umoja were false because the services for which the claims were made were not provided.  During the course of the investigation, 231 false claims were discovered that had been submitted for reimbursement.

As a part of the plea agreements for both Holt and Umoja, they have agreed to an exclusion from participation in any federally-funded health care benefit program for a time period yet to be determined by the United States Department of Health & Human Services.

This case was investigated by the United States Department of Health and Human Services, the Nebraska Attorney General’s Office, and the Nebraska Department of Health & Human Services.

United States Attorney Deborah R. Gilg announced that Edward J. Johnson, age 41 of Columbus, Nebraska, was sentenced in the United States District Court in Omaha for the distribution and possession of child pornography.  The Honorable Laurie Smith Camp, Chief Judge, sentenced Johnson to 96 months imprisonment.  There is no parole in the federal system.  After his release from federal prison Johnson will begin a fifteen year term of supervised release.  Johnson will be required to register with the Sex Offender Registry upon release.

A public website reported that an Internet Protocol (IP) address in Columbus, Nebraska, had displayed two images of child pornography on the website.  An officer with the Nebraska State Patrol, acting in an undercover capacity and posing as a teenage girl, engaged in a series of chats with Johnson.  Johnson sent additional images of child pornography to the undercover officer on July 23, 2013. 

A search warrant was served on Johnson’s home in Columbus, Nebraska on August 27, 2013.  He admitted sending the images of child pornography to the undercover officer.  Forensic review of the computer revealed 200 videos of child pornography.  The images included bondage and prepubescent children involved in a variety of sexual acts with adults and other children.  

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

United States Attorney Deborah R. Gilg today announced that Chief United States District Court Judge Laurie Smith Camp, sentenced Tamika Payne, age 35 of Omaha, Nebraska, following her conviction for conspiracy to commit mail fraud.  Payne was sentenced to probation for five years including six months of location monitoring.  She was also ordered to pay restitution to the Nebraska Department of Health and Human Services in the amount of $141,091.18. 

Payne was friends with coconspirator Jason Armstrong.  Armstrong worked as a case manager for the Nebraska Aids Project where he was tasked with addressing the needs of Nebraska clients living with HIV/AIDS.  Armstrong linked clients to appropriate resources which included housing assistance.   Armstrong, working in concert with Payne, submitted fraudulent applications for housing benefits that were paid out with funds provided by the United States Department of Housing and Urban Development.  The applications were fraudulent, in some instances, because they had been submitted in the names of people who were not clients of the Nebraska Aids Project.  In other instances, the applications were submitted in the names of actual clients but the submissions were made without the clients’ knowledge or consent.  Checks would be issued in response to the fraudulent applications and the proceeds would be split between Armstrong and Payne.  Payne’s role consisted, in part, of signing “landlord certifications” which falsely represented she was the landlord of the properties where the bogus clients lived.  She also cashed checks generated by the scheme and split the proceeds with Armstrong.  During the course of the scheme approximately $141,091.18 in fraudulent benefits were paid out.  Jason Armstrong was sentenced in March of 2014 to the custody of the United States Bureau of Prisons to serve a sentence of 24 months.  He was likewise ordered to pay restitution in the same amount.

This case was investigated by the United States Secret Service.

Jerald Vrbas, age 60, of Palisade, Nebraska, was sentenced in United States District Court for producing child pornography.  The Honorable John M. Gerrard committed Vrbas to the custody of the United States Bureau of Prisons for a term of fifteen (15) years.  There is no parole in the federal penal system.  After his release from prison Vrbas will be on supervised release for an additional fifteen years.  The Court further noted that Vrbas will be in prison until age 75 and remain under supervision until age 90.

Vrbas took sexually explicit pictures of a three year old child in his home in Palisade.  After taking the pictures he uploaded them to a Russian website where they could be viewed by others.  The website reported the violation and the Internet Protocol address of the offending computer to the Department of Homeland Security.  Further investigation determined that Vrbas had also distributed the images of the three year old child and other child pornography to an individual in Iowa and a second individual in Wauneta, Nebraska.

United States Attorney Deborah R. Gilg expressed her appreciation to Homeland Security Investigations and the North Platte Police Department for their thorough investigation. U.S. Attorney Gilg reiterated that the sexual exploitation of minors will not be tolerated and those who produce, distribute and possess child pornography will face harsh federal penalties for doing so.

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.

United States Attorney Deborah R. Gilg announced that Heriberto Avila-Mercado of Madison, Nebraska, was sentenced on June 27, 2014, to 87 months in prison by United States District Judge John M. Gerrard. Avila-Mercado had previously pled guilty for his involvement in a conspiracy involving the distribution of multiple pounds of “ice” methamphetamine, heroin, and cocaine in the Madison, Nebraska area dating back to January of 2002.

This case was the result of a joint investigation by the Drug Enforcement Administration, the Nebraska State Patrol, and Homeland Security Investigations.

United States Attorney Deborah R. Gilg announced that Andrea McCord of Omaha was sentenced on June 23, 2014, to 70 months in prison by Chief United States District Judge Laurie Smith Camp. McCord had previously pled guilty for her involvement in a conspiracy to distribute more than one pound of methamphetamine.

On October 9, 2012, the Omaha Police Department executed a search warrant on Andrea McCord’s Omaha residence after she twice sold amounts of methamphetamine to a cooperating witness working with law enforcement. Inside the residence officer located approximately 546 grams of methamphetamine, drug scales, drug records, and drug packaging materials. 

This case was the result of an investigation by the Omaha Police Department.

United States Attorney Deborah R. Gilg announced that on June 19, 2014, United States District Court Judge Joseph F. Bataillon sentenced Shawna Faith Rene Stokes of Omaha, Nebraska, age 35, to 12 months and 1 day imprisonment, following her conviction for Social Security Fraud and Theft of U.S. Government Money and Property.  Ms. Stokes was also ordered to serve a three year term of supervised release after serving her prison term and ordered to pay a $100 special assessment.  She was also ordered to make restitution in the amount of $38,989.00.

During the period of March, 2010, through May, 2012, Ms. Stokes received approximately $38,989.00 in Social Security Administration and Nebraska Department of Health and Human Services Supplemental Nutrition Assistance Program benefits which were to be used for care and support of her minor children.  However, Ms. Stokes was not using the benefits for the children’s care and support, but rather used the benefits for personal and unauthorized purposes.  

This case was investigated by the Social Security Administration, Office of Inspector General.

United States District Court Judge Joseph F. Bataillon sentenced Mark Anthony Grant, age 22, of Winnebago, Nebraska to eight years of imprisonment for his conviction for child abuse resulting in death.  Grant was further ordered to serve three years of supervised release following his release from imprisonment.

Grant, an enrolled member of the Omaha Tribe of Nebraska, resided on the Winnebago Indian Reservation with Julie Paulson and her children, including Paulson’s 14 month old son.  On the morning of September 10, 2013, Paulson’s son was still sleeping when she was ready to leave for work, so she left him with Grant to take to the babysitter later that morning.  Approximately 90 minutes later, Grant took the child to the emergency room at the Indian Health Services Hospital in Winnebago.  The child’s eyes were fixed and dilated upon arrival.  The doctors indicated those conditions were consistent with head trauma.  The child was later life-flighted to Children’s Hospital where he eventually died.

Doctors at Children’s Hospital determined that the child had significant cerebral edema, severe bilateral retinal hemorrhages and bilateral subdural hematomas.  No other medical conditions were found which would have accounted for his condition and no further traumatic injuries were discovered during his hospitalization.  The doctors determined the child’s injuries had to have been caused by a violent rotational injury which caused the child’s head to whip back and forth or side to side.  Thus, his injuries were classified as abusive head trauma.

There were no witnesses to the event as only Grant and the child were in the home at the time of the injury.

This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs.