District of Nebraska
Press releases recorded for this federal judicial district.
Grand Island Man Sentenced to 10 years for Possessing Child PornographyRead the Press Release
United States Attorney Deborah R. Gilg announced that Tyler Nuss, age 25 of Grand Island, Nebraska, was sentenced in federal court in Omaha for possessing child pornography. The Honorable Joseph F. Bataillon sentenced Nuss to a ten year term of imprisonment. There is no parole in the federal system. After his release from prison Nuss will begin a ten year term of supervised release.
Nuss was previously convicted in Hall County, Nebraska, of possessing child pornography. His 2008 state conviction resulted in a sentence of probation and was later set aside by the court.
In December 2012 the Federal Bureau of Investigation served a search warrant on Nuss’s Grand Island residence. The search warrant sought evidence relating to child pornography offenses. Agents discovered over 150 videos of child pornography on discs secreted behind an air vent in Nuss’s bedroom. Nuss indicated that he collected child pornography by trading with other collectors on the internet.
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.
South Sioux City Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Deborah R. Gilg announced that Louis Saunsoci, age 34 of South Sioux City, Nebraska, was sentenced for failing to register as a sex offender. The Honorable Joseph F. Bataillon sentenced Saunsoci to 21 months in prison. After his release from prison Saunsoci will begin a 5 year term of supervised release.
Saunsoci was previously convicted in federal court in Oklahoma for Abusive Sexual Contact with a Child. He received a 21 month sentence and was required to register as a sex offender. Saunsoci moved to Nebraska and registered with the Omaha Tribe as a sex offender listing a residence in Macy, Nebraska. While registered as a sex offender in Macy, Saunsoci was actually living in South Sioux City, Nebraska. He failed to register his South Sioux City address with the Nebraska Sex Offender Registry as required by law.
The case was prosecuted as a part of Project Safe Childhood. Project Safe Childhood is an initiative of the United States Department of Justice designed to protect children from individuals who would exploit them online or offline and includes individuals who travel in interstate commerce and fail to register as sex offenders as required by law. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
McCook Man Sentenced to Ten Years in Prison for Distributing “Morphed” Image of Child PornographyRead the Press Release
United States Attorney Deborah R. Gilg announced that Jeffrey A. Anderson, age 27 of McCook, Nebraska, was sentenced for distributing a morphed image of child pornography. The Honorable John M. Gerrard sentenced Anderson to a ten year term of imprisonment. There is no parole in the federal system. After his release from prison Anderson will begin a 15 year term of supervised release.
Anderson, using the name Bob Shepherd, sent a series of inappropriate messages on Facebook to an eleven year old girl. When the girl’s mother discovered the messages she notified law enforcement. She allowed the Nebraska State Patrol’s Internet Crimes Against Children unit to take over her daughter’s Facebook account.
The Nebraska State Patrol was able to retrieve messages and photographs Anderson had sent to the child. One of the images depicted an adult male and an adult female engaged in sexual intercourse. The image was manipulated by “morphing” the head and face of the eleven year old child over the head of the adult female making it appear that the adult male was engaging in intercourse with the eleven year old child. The eleven year old’s face was clearly visible on the altered image. The eleven year old girl was well known to Anderson.
Anderson admitted to using the alias Bob Shepherd. He further admitted to sending the eleven year old messages and a photo of the child’s face on the body of a woman engaging in sexual relations with a male. He was arrested by the Nebraska State Patrol.
This case was investigated by Nebraska State Patrol 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.Indictments Unsealed in Illegal Oxycodone Prescription ConspiracyRead the Press Release
United States Attorney Deborah R. Gilg announced that arrests were made and indictments unsealed for the following individuals:
Derek Durae, Melissa Glass, and Eddie Glass, all of Omaha, were each charged in a one count indictment with conspiracy to distribute and possess with intent to distribute Oxycodone and Morphine. The maximum penalty is 20 years imprisonment, a fine of $1,000,000, and 3 years of supervised release.
Daniel Bribiesca of Omaha was charged in a two count indictment with distributing fentanyl which carries a maximum penalty of 20 years imprisonment, a fine of $1,000,000, and 3 years of supervised release.
James Buchholz and Ian Lybarger, both of Omaha, were each charged in a one count indictment with conspiracy to distribute and possess with intent to distribute Oxycodone and hydromorphone. The maximum penalty is 20 years imprisonment, a fine of $1,000,000, and 3 years of supervised release.
Jonathan Perez and Jessica Bruce, both of Omaha, were each charged in a one count indictment with conspiracy to distribute and possess with intent to distribute Oxycodone . The maximum penalty is 20 years imprisonment, a fine of $1,000,000, and 3 years of supervised release.
Leonardo Brito-Perez, of Omaha, and Chris Humphrey of LaVista, were each charged in a one count indictment with conspiracy to distribute and possess with intent to distribute Methadone. The maximum penalty is 20 years imprisonment, a fine of $1,000,000, and 3 years of supervised release.
This investigation was part of the Drug Enforcement Administration’s drug diversion task force targeting illegal oxycodone and other prescriptions. Also assisting in the arrests was the United States Marshals Service.
Lincoln Man Sentenced for Conspiracy to Distribute Cocaine and MarijuanaRead the Press Release
United States Attorney Deborah R. Gilg announced that on May 20, 2013, Corbin Joseph Ryan, age 24 of Lincoln, was sentenced to ten years, (120 months), in prison for his involvement in a conspiracy to distribute cocaine and marijuana in the Lincoln area between March of 2009 and September of 2012. Following the prison term, Ryan will serve five years on supervised release. He was also ordered to forfeit $628.00 to the United States. Ryan will serve his federal prison term concurrently with the remainder of a 9-14 year prison term imposed in Lancaster County District Court on May 9, 2013, for two counts of distribution of cocaine and one count of possession with intent to distribute cocaine.
Ryan agreed to be held responsible for the distribution of at least 5 kilograms (11 pounds) of cocaine and at least 80 kilograms (176 pounds) of marijuana. In August and September of 2012, an undercover narcotics officer made three purchases of cocaine from Ryan in quantities ranging from 1/8 ounce to 3/8 ounce. On September 18, 2012, Ryan was arrested and admitted that he had been selling cocaine for a year. A search warrant was executed at his Lincoln residence. During the search, officers found approximately one ounce of cocaine, 1 ¼ ounces of marijuana, a scale, packaging materials, and $628.00 in cash.
The matter was investigated by the Lincoln/Lancaster County Narcotics Task Force, which includes officers of the Lincoln Police Department, the Lancaster County Sheriffs Department, the Federal Bureau of Investigation, (FBI), and the University of Nebraska-Lincoln Police Department.
Grand Island Man Sentenced to 14 Years Imprisonment for Conspiracy to Distribute Methamphetamine and CocaineRead the Press Release
United States Attorney Deborah R. Gilg announced that the Honorable John M. Gerrard, U.S. District Court Judge, sentenced Jaime Francisco Barraza to 14 years imprisonment, to be followed by 5 years of supervised release, and he was ordered to pay a $100 special assessment, following his conviction for conspiracy to distribute methamphetamine and cocaine.
Between 2004 and 2010, Barraza was responsible for the distribution of more than 1,100 grams of actual methamphetamine, more than 11,000 grams of a mixture of methamphetamine, and more than 800 grams of a mixture of cocaine. It was noted at the sentencing hearing that the 14 year sentence was warranted by the amount of drugs and the length of time of Barraza’s dealings. Barraza pled guilty on January 30, 2013.
The Central Nebraska Drug and Safe Streets Task Force was responsible for the investigation of this case.Omaha Man Sentenced to 6 years for Child PornographyRead the Press Release
United States Attorney Deborah R. Gilg announced that Michael L. Abraham, age 47 of Omaha, was sentenced in federal court in Omaha, Nebraska for receiving and distributing child pornography. The Honorable John M. Gerrard sentenced Abraham to the custody of the United States Bureau of Prisons for six (6) years. There is no parole in the federal system. After his release from prison Abraham will begin a seven (7) year term of supervised release and will be required to register as a sex offender.
The sentencing stemmed from an undercover investigation by officers of the Nebraska State Patrol and the FBI Cyber Crimes Task Force. Officers discovered child pornography being shared online from an IP address assigned to Abraham’s home. On September 21, 2012, a search warrant was obtained for Abraham’s computer. A forensic review of the computer media revealed over 100 videos and in excess of 50,000 images of child pornography and child erotica.
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 matter was investigated by the Omaha FBI=s Cyber Crime Task Force (CCTF), of which the Nebraska State Patrol, is a partner. The Omaha CCTF is a multi-jurisdictional task force consisting of eleven federal, state and local law enforcement agencies from Nebraska and Iowa. The mission of the Omaha CCTF is to investigate and apprehend high technology criminals and to protect our communities by preventing high technology crime and national security threats involving computers and computer networks. The Omaha CCTF was established on the premise that the capabilities of law enforcement agencies to investigate computer and high technology related crimes are enhanced in a task force setting involving the sharing of resources and expertise.
Rulo Man Sentenced to 18 Months Imprisonment for Failing to Register as a Sex OffenderRead the Press Release
Roger W. Price, age 51 of Rulo, Nebraska, was sentenced for his failure to register as a sex offender. The Honorable Joseph F. Bataillon sentenced Price to an 18 month term of imprisonment. After his release from prison, Price will begin a term of supervised release of 10 years.
Price was previously convicted in the State of Delaware of an offence requiring him to register as a sex offender for life. In October of 2012, United States Marshals Service became aware that Price was living in Rulo, Nebraska. It was determined that Price had been in Nebraska for at least two months. Price had not registered as a sex offender with the Nebraska State Patrol.
This case was the result of an investigation by the United States Marshals Service.
Lincoln Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Deborah R. Gilg announced that on May 10, 2013, Rene Antonio Ramos Rodriguez, Sr., age 41 of Lincoln, was sentenced to 11 years and three months (135 months) in prison for conspiracy to distribute methamphetamine between February of 2011 and December of 2011. Following the prison term, Rodriguez will serve five years on supervised release. Rodriguez will also forfeit $7,644 in cash to the United States.
Information provided to law enforcement indicated that between February and December of 2011, Rodriguez was responsible for the distribution of at least 1.5 kilograms (approximately three pounds) of methamphetamine. In June of 2011, a search warrant was executed at Rodriguez’s Lincoln residence. During the search, officers found approximately ½ ounce of methamphetamine, three firearms, and a total of $7,644 in cash. In July of 2011, an undercover Nebraska State Patrol investigator and a confidential informant working with the State Patrol purchased approximately 1/8 ounce of methamphetamine from Rodriguez in Lincoln.
The matter was investigated by the Lincoln/Lancaster County Narcotics Task Force, which includes officers of the Lincoln Police Department, the Lancaster County Sheriff=s Department, the Federal Bureau of Investigation, (FBI), and the University of Nebraska-Lincoln Police Department, and by the Nebraska State Patrol.
Valley Woman Sentenced for Social Security FraudRead the Press Release
United States District Court Judge Joseph F. Bataillon sentenced Kimberly A. Butinski, age 35 of Valley, Nebraska, following her conviction for making false statements to the Social Security Administration. Butinski was sentenced to one year and one day of imprisonment to be followed by three years of supervised release. She was further ordered to pay restitution in the amount of $39, 975.68.
Butinski applied for SSA SSI disability benefits on her children’s behalf and, further, applied to be their representative payee. SSI benefits are based on total household income. Butinski falsely reported that she had separated from her husband and that he was not living in the household so that she could receive increased payment amounts. As a result of those false statements, Butinski was paid $32,593.68 that she was not entitled to receive.
On July 22, 2011, in order to secure SNAP benefits, (food stamps), and energy assistance, Butinski telephonically applied for Nebraska HHS benefits. Butinski again falsely represented her husband was not living in the household. As a result, Butinski received an additional $7,382 that she was not entitled to receive.
This case was investigated by the Social Security Administration Office of Inspector General.
Operation Blue Storm selected for Regional AwardRead the Press Release
United States Attorney for the District of Nebraska, Deborah R. Gilg, announces that Operation Blue Storm was selected as the National Organized Crime Drug Enforcement Task Force (OCDETF) most outstanding regional drug trafficking case for 2012. An awards ceremony was held today at the United States Attorney’s Office honoring the investigators and prosecutors involved in this case. The cooperative efforts of these individuals made the Operation Blue Storm OCDETF case such a resounding success. The award recipient agencies involved in the case included twenty-five investigators and prosecutors from the following agencies:
Bellevue Police Department
Federal Bureau of Investigation
Internal Revenue Service
Omaha Police Department
Peoria (AZ) Police Department
United States Attorney’s Office – District of NebraskaIn addition to these represented agencies in attendance, Associate Deputy Attorney General Jim Dinan, Director of OCDETF, joined the ceremony via video conference, and IRS SAC Sybil Smith and ASAC Tanya Brewer from St. Louis were in attendance, along with Sam Bertolet, the OCDETF regional coordinator.
The OCDETF program was established in 1982 as a multi-agency, nationwide effort to pursue intelligence-driven, coordinated multi-jurisdictional investigations of criminal organizations trafficking drugs and laundering the illicit proceeds of crime. The OCDETF Program forms the centerpiece of the DOJ counter-narcotics strategy and is also the platform through which the Department of Homeland Security and Department of Treasury pursue complex drug and drug-related money laundering investigations. Through the OCDETF Program, these three Executive Departments use prosecutor-led, multi-agency task forces to combat high-priority national and international organized criminal organizations.
The investigation and prosecution resulted in the dismantlement of a multi-state marijuana trafficking enterprise, headed up by Shannon Williams, and his associates, many of which were members of a well-known street gang, the South Family Bloods. The enterprise was responsible for the transportation and distribution of nearly 16,000 pounds of marijuana with a street value of approximately $7.75 million. The trafficking operation occurred primarily between Arizona and Omaha. The Nebraska case resulted in the indictment and conviction of 15 individuals, and the seizure of property valued at nearly $600,000. It led to another investigation in Arizona targeting the suppliers, which resulted in the indictment of eleven additional individuals. The suppliers were directly linked to the Sinaloa Mexican Cartel. This investigation required an incredible amount of coordination and orchestration by federal prosecutors. The investigation coordination and cooperation was outstanding from a number of local, state and federal law enforcement officers across the country, that dismantled a very lucrative criminal drug enterprise linked to the most powerful drug cartel in the world.
At the ceremony, United States Attorney Deborah R. Gilg commented, “The outstanding work done by this collaboration of federal, state and local law enforcement agencies disrupted a major tentacle of the Sinaloa Mexican Cartel to the Midwestern region. This demonstrates law enforcement teamwork at its best.”
Omaha Man Sentenced for Possessing a FirearmRead the Press Release
United States Attorney Deborah R. Gilg announced that on May 2, 2013, Craig Grimes, age 36 of Omaha, was sentenced to 4 years, 8 months in prison for possessing a firearm in Omaha on March 15, 2012, after having previously been convicted of a felony offense. Following the prison term, Grimes will serve three years on supervised release.
On January 21, 2011, Grimes was convicted of conspiracy to distribute marijuana in the Federal District Court of New Mexico. A term of his supervised release from that conviction authorized the United States Probation office, with or without the assistance of law enforcement, to search his residence. On March 15, 2012, officers of the Omaha Police Department and United States Probation office searched Grimes’ residence. A Rossi .357 caliber revolver was found under Mr. Grimes’ bed that contained his DNA.
Federal law makes it a felony for anyone who has been convicted of a felony offense to possess a firearm.
Lincoln Woman Charged with Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Deborah R. Gilg announced that on May 1, 2013, an indictment was unsealed charging Bobbie Elaine Parker, 34, of Lincoln, with conspiracy to distribute and possess with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine between March of 2010 and December of 2012.
The conspiracy charge carries a possible penalty of not less than ten years, nor more than life in prison; a fine of up to $10 million; and a term of supervised release following the prison term of not less than five years.
Parker appeared in federal court in Lincoln on May 1, 2013, and was ordered held without bond. Trial is scheduled to begin on June 25, 2013.
The matter was investigated by the Lincoln/Lancaster County Narcotics Task Force, which includes officers of the Lincoln Police Department, the Lancaster County Sheriffs Department, the Federal Bureau of Investigation, (FBI), and the University of Nebraska-Lincoln Police Department.
Omaha Woman Sentenced to 71 Months in Prison for Distributing MethamphetamineRead the Press Release
United States Attorney Deborah R. Gilg announced that Lori A. Schories of Omaha, Nebraska, was sentenced on April 26, 2013, to 71 months in prison by United States District Judge Richard G. Kopf. Schories had previously pled guilty for her involvement in a conspiracy to distribute methamphetamine, including sales of methamphetamine to a cooperating witness and an undercover officer, in August of 2012. After serving her sentence, Schories will be required to serve a Term of Supervised Release of 4 years.
This case was the result of an investigation by the Sarpy County Sheriff’s Office.
Lincoln Man Sentenced for Possession of Child PornographyRead the Press Release
United States Attorney Deborah R. Gilg announced that Jerod Oliverius, age 25 of Lincoln, Nebraska, was sentenced on April 25, 2013, in Lincoln, Nebraska, to 3 years in prison by United States District Judge Richard G. Kopf, for possession of child pornography. After his release from prison, Oliverius will be required to serve a 5 year term of supervised release and be registered as a sex offender.
While conducting a proactive file sharing investigation in December, 2010, an investigator with the Lincoln Police Department was able to view and access child pornography images from a computer that was using file sharing software publicly available on the Internet through a Peer-to-Peer Network. Using computer programs, the investigator was able to identify the Internet Protocol address for the computer sharing the images of child pornography. The Internet service provider indicated that the IP address was assigned to an individual residing in Lincoln.
A search warrant was executed at that individual’s residence in February of 2011. Oliverius was one of the persons residing there, and when investigators examined Oliverius’ computer and hard drive, they found more than 70 videos and more than 10,000 digital images related to child pornography.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Lincoln Police Department.
Federal Jury Convicts Omaha Man Who Pointed Laser at AircraftRead the Press Release
United States Attorney Deborah R. Gilg announced that Michael A. Smith, age 30 of Omaha, was convicted today by a federal jury for aiming a laser pointer at an aircraft. Smith was arrested after having been identified as the person using a laser pointer to strike Abel 1, the Omaha Police Department’s helicopter unit. The helicopter patrol had received a report in the early morning hours of July 11, 2012, that a Southwest Airlines flight scheduled for landing in Omaha had been struck by someone using a laser pointer. Abel 1 responded and was struck by a laser beam seconds after becoming airborne while heading in the direction provided by the Southwest pilot. As Abel 1 approached the area of 152nd Street in Northwest Omaha, the cockpit of Abel 1 was repeatedly struck by the laser to the point of causing the pilots of Able 1 to be distracted and temporarily blinded from the refraction of the laser beam. After being struck as many as six to seven times by the laser the pilots of Abel 1 were able to narrow the area from which the beam was coming. They then sought ground support from a Deputy Douglas County Sheriff who was able to locate Michael A. Smith in his back yard. Smith was actively aiming the laser pointer in the direction of the area where Abel 1 was hovering when contacted by the Deputy.
The case was tried in front of United States District Judge John Gerrard. Judge Gerrard set the sentencing of this matter for July 22, 2013. Smith was ordered detained by the United States Marshal’s pending sentencing. Aiming a laser at an aircraft is a felony punishable by up to five years in prison and/or a $250,000.00 fine.
In addition to the air patrol units of the Omaha Police Department and the Douglas County Sheriff’s Office, the case was also investigated by the Federal Bureau of Investigation.
United States Attorney Deborah Gilg Recognizes the Success of Nebraska ICACsRead the Press Release
United States Attorney Deborah R. Gilg today recognized the outstanding work done by the Nebraska State Patrol and the Internet Crimes Against Children (ICAC) groups operating in the State of Nebraska to protect our children from sexual predators. The Nebraska State Patrol and the ICACs conduct difficult investigations involving the online exploitation of children. The crimes include: online enticement of children; production and manufacture of child pornography; distribution, receipt and possession of child pornography; travel and transport offenses with the intent to engage in sexual activity with children; and, human trafficking of children. These cases are referred for both federal and state prosecution.
United States Attorney Gilg noted a number of significant ICAC referrals recently prosecuted in federal court in Nebraska. Significant sentences imposed by the federal court within the past six months include:
- Allen M. Hudson, age 41 of Plattsmouth, who was sentenced to 303 months in prison for producing child pornography. Hudson produced images of child pornography depicting 3 different boys between the ages of eleven and twelve
- Mark Roble of Bellevue who was sentenced to 15 years in prison for attempting to produce child pornography. Roble installed cameras in his bathroom with the intent to record a minor female
- Nathan T. Young, age 22 of Columbus, who was sentenced to 12 years in prison for receiving child pornography. Young, a registered sex offender, solicited and received sexually explicit photos from a middle school student over cell phones
- Robert Fleming, age 32 of Chadron, who was sentenced to 10 years in prison for receiving 78 videos and 4,000 images of child pornography
- Thomas Schildt, age 30 of Gering, who was sentenced to 7 years in prison for receiving 15,000 images of child pornography. The images included children as young as 3 years of age engaged in sexual acts and bondage
- Jason Bielicki, age 35 of North Platte, who was sentenced to 7 years in prison for receiving and distributing 96 videos and 105 images of child pornography
- Steven Fonder, age 33 of Omaha, who was sentenced to 7 years in for receiving and distributing 1,250 videos of child pornography.
United States Attorney Gilg stated “Each of these individuals are not eligible for parole and when released from prison will remain under federal supervision for terms of at least five years and in some instances for life. All will be required to register as sex offender. Predators who seek to rob the innocence of children will be prosecuted to the fullest extent of the law.”
Finally, United States Attorney Gilg noted that the ICACs work hand in hand with Project Safe Childhood. 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 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 ww.projectsafechildhood.gov.
Grand Jury for the District of NebraskaRead the Press Release
United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 36 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.
* Isael Ambrosio-Gonon, is charged with illegal reentry into the United States on or about April 7, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Jonathan W. Arrington, age 44, Michael B. Kratville, age 52, and Michael J. Welke, age 38, all of Omaha are charged in a 14-count indictment. Arrington, Kratville, and Welke are charged in Count I with conspiracy in that beginning on or about July, 2005, and continuing to on or about December 31, 2008, the defendants devised a scheme to defraud prospective investors in the Elite Aggressive Growth Group and Elite Index Investment Group (Elite) and NIC Investment Programs causing approximately $4 million in losses. The defendants utilized the United States mail and wire communications for the purpose of executing said scheme. The maximum penalty for each defendant for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. Counts II through VII allege that on various dates beginning on or about December 6, 2006, and continuing through on or about May 20, 2007, respectively, Arrington, Kratville, and Welke utilized the United States Postal Service to send mail for the purposes of executing the scheme to defraud the prospective investors. The maximum penalty for each defendant for each count includes imprisonment of 20 years, a $250,000 fine, 5 years of supervised release, and a $100 special assessment. Counts VIII through XIV charge that on various dates beginning on or about November 2, 2005, and continuing through on or about December 29, 2008, respectively, Arrington, Kratville, and Welke transmitted via wire and radio communications electronic bank wires and e-mails for the purpose of executing the scheme to defraud the prospective investors. The maximum penalty for each defendant for each count includes imprisonment of 20 years, a $250,000 fine, 5 years of supervised release, and a $100 special assessment.
* Arnoldo Barrios-Ramirez, age 34, of Kansas City, Kansas, is charged with illegal reentry into the United States on or about March 28, 2013, following deportation as a felon. The maximum possible penalty if convicted includes imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Danny Junior Bravo, age 33, and Leticia Angela Desman, age 27, both of Stockton, California, are charged in a two count indictment. Count I alleges that beginning on or about October, 2010, and continuing to on or about April 2, 2013, the defendants conspired together and with others to distribute and possess with intent to distribute 500 grams or more of a mixture or substance containing methamphetamine. The maximum possible penalty includes imprisonment of not less than 10 years and up to life, a $10 million fine, a 5 year term of supervised release, and a $100 special assessment. Count II alleges that on or about April 2, 2013, the defendants possessed with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release, and a $100 special assessment.
* Larry D. Carter, age 34, of Omaha, who was previously convicted of possession with intent to deliver a controlled substance, a felony, is charged with being in possession of a firearm, to wit: an S&W Sigma 9mm, on or about November 10, 2012. The maximum possible penalty includes imprisonment of 10 years, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment.
* Juan Trejo Castillo, age 40, is charged with illegal reentry into the United States on or about April 10, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Newton G. Dale, age 26, of Walthill, Nebraska, is charged with statutory rape in Indian Country on or about dates unknown between June 1, 2011, and August 31, 2011. The maximum possible penalty for this count includes imprisonment of 15 years, a fine of $250,000, a term of supervised release for life, and a $100 special assessment.
* Alejandro Flores-Ramirez, age 37, of Omaha, is charged with illegal reentry into the United States on or about March 13, 2013, following deportation as a felon. The maximum possible penalty if convicted includes imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Richard A. Franco, age 25, of Lincoln, is charged in a one-count indictment. Franco, an employee of the United States Postal Service, is charged with theft of mail which came into his possession and was intended to be delivered by the United States mail from on or about November 24, 2012, and continuing through on or about January 8, 2013. The maximum penalty includes imprisonment of 5 years, a fine of $250,000, 3 years of supervised release, and a $100 special assessment.
* Francisco Gaytan-Leal, age 31, of Omaha is charged in a two-count Indictment. Count I of the Indictment charges Gaytan-Leal with illegal reentry into the United States on or about April 11, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment. Count II alleges Gaytan-Leal falsely claimed United States Citizenship on or about April 11, 2013. If convicted the maximum possible penalty includes 3 years imprisonment, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Francisco Genchi-Osuna, age 28, of Omaha, is charged with illegal reentry into the United States on or about April 7, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Francisco Gonzalez-Dominguez, age 34, of Omaha, is charged with illegal reentry into the United States on or about April 10, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* MacAnthony Gordon, age 27, of Omaha, who was previously convicted of possession of a defaced firearm, a felony, is charged with being in possession of a firearm, to wit: a Bersa Thunder .380 semi-automatic pistol, on or about January 25, 2013. The maximum possible penalty includes imprisonment of 10 years, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment.
* James B. Haugh, age 56, of Grand Island, Nebraska, is charged in the first count of an indictment with receipt and distribution of child pornography from at least on or about January 3, 2009, and continuing to on or about December 28, 2012. If convicted, the maximum possible penalty includes imprisonment of not less than 5 years or more than 20 years, a fine of $250,000, supervised release for life, and a $100 special assessment. Haugh is charged in Count II with possession of child pornography on or about December 28, 2012. The maximum possible penalty for this count includes imprisonment of 10 years, 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.
* Rogelio Hernandez-Yepez, age 34, of Gibbon, Nebraska, is charged with illegal reentry into the United States on or about April 6, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Ward L. Hunnel, age 44, of York, Nebraska is charged in a five-count indictment. Count 1 charges that on or about November 14, 2011, Hunnel transported an adult mule deer from Nebraska to Kansas without having a valid license to hunt in Nebraska. The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. Counts 2 and 3 allege that on or about November 14, 2011, and on or about November 21, 2011, respectively, Hunnel transported adult mule deer and adult white tail deer from Nebraska to Kansas without having a valid license to hunt in Nebraska. The maximum possible penalty for each of these counts include imprisonment of 1 year, a $100,000 fine, 1 year of supervised release, and a $100 special assessment. Counts 4 and 5 charge that between on or about November 12, 2011, through on or about November 20, 2011, and on or about November 15, 2012, respectively, Hunnel was a felon in possession of firearms. The maximum possible penalty for each of these counts include imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Michael C. Huyek, age 35, of Lincoln, is charged with being a felon in possession of a firearm on or about April 9, 2013. The maximum penalty for this count includes imprisonment of 10 years, a fine of $250,000, followed by a term of supervised release of 3 years, and a special assessment of $100.
* Patrick John Keenan, age 32, of Omaha, is charged with possession with intent to distribute 5 grams or more of actual methamphetamine on or about August 17, 2012. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment. The indictment also alleges that any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the violation alleged in the indictment, including but not limited to $846.00 in United States currency seized from the defendant’s wallet on August 17, 2012, should be forfeited to the United States.
* Saul Leal-Armenta, age 44, of Omaha, is charged with illegal reentry into the United States on or about March 22, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Dennis Lewis, age 42, of Tulsa, Oklahoma, is charged in a two-count indictment. Count I charges Lewis with the sexual exploitation of a juvenile between approximately March 25, 2013, and April 10, 2013. The maximum possible penalty on this count is not less than 15 years and up to 30 years in prison, a fine of $250,000, a term of supervised release for life, and a $100 special assessment. Count II charges Lewis with transportation of a minor with intent to engage in criminal sexual activity beginning on or about April 10, 2013. The maximum possible penalty on this count is not less than 10 years and up to life in prison, a fine of $250,000, a term of supervised release for life, and a $100 special assessment.
* Antonio Lucero-Reyes, age 49, of Omaha, is charged with illegal reentry into the United States on or about March 13, 2013, following deportation as a felon. The maximum possible penalty if convicted includes imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Maurilio Maravilla-Manzo, age 38, of Bellevue, Nebraska, is charged with illegal reentry into the United States on or about April 8, 2013, following deportation as a felon. The maximum possible penalty if convicted includes imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Andres Mateo-Francisco, age 35, is charged with illegal reentry into the United States on or about January 13, 2013, following deportation as a felon. The maximum possible penalty if convicted includes imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Antonio Mejia-Cruz, age 26, of Omaha, is charged with illegal reentry into the United States on or about April 7, 2013, following deportation as a felon. The maximum possible penalty if convicted includes imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Israel Dewayne Mileage, age 21, of Lincoln, is charged in a two count indictment. Count I alleges that on or about April 10, 2013, the defendant possessed with intent to distribute 28 grams or more of a mixture or substance containing a detectable amount of cocaine base. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment. Count II alleges that on or about April 10, 2013, the defendant possessed a Hi-Point Model JMP, .45 caliber pistol during, in relation to, and in furtherance of the drug trafficking offense alleged in Count I. The maximum possible penalty includes 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, including but not limited to $209.00 in United States currency should be forfeited to the United States.
* Michael L. Nguyen, age 26, of Lincoln, is charged in the first count of an indictment with receipt and distribution of child pornography from at least on or about January 17, 2013, and continuing to on or about March 22, 2013. If convicted, the maximum possible penalty includes imprisonment of not less than 5 years or more than 20 years, a fine of $250,000, supervised release for life, and a $100 special assessment. Nguyen is charged in Count II with possession of child pornography on or about March 22, 2013. The maximum possible penalty for this count includes imprisonment of 10 years, a $250,000 fine, supervised release for life, and a $100 special assessment.
* Carlos Felipe Niz-Rodriguez, age 23, and Estanislado Diaz-Vargas, also known as Tanilo Diaz-Vargas, age 34, both of Omaha, are charged in a six-count indictment. Count I charges Diaz-Vargas with illegal reentry into the United States on or about March 26, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment. In Count II, Niz-Rodriguez is charged with possession of over five false identification documents, beginning on or about December 12, 2012, and up to and including March 26, 2013. The maximum penalty for this count includes imprisonment of 15 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. Counts III and IV allege that on or about December 12, 2012, and on or about February 20, 2013, respectively, Niz-Rodriguez and Diaz-Vargas produced false a Social Security Card and a false Permanent Resident Card. The maximum penalty for each of these counts include imprisonment of 15 years, a fine of $250,000, 3 years of supervised release, and a $100 special assessment. Count V charges that on or about February 20, 2013, Niz-Rodriguez and Diaz-Vargas were in possession of stolen a Social Security Card and a Permanent Resident Card. The maximum penalty for this count includes imprisonment of 15 years, a fine of $250,000, 3 years of supervised release, and a $100 special assessment. Count VI of the Indictment charges that on or about February 20, 2013, Niz-Rodriguez and Diaz-Vargas possessed a false Permanent Resident Card. The maximum penalty for this count includes imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Daniel T. Ray, age 20, of Omaha, is charged in a two count indictment. Count I alleges that on or about April 6, 2013, the defendant possessed with intent to distribute 5 grams or more of actual methamphetamine. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment. Count II alleges that on or about April 6, 2013, the defendant possessed a Forjas Taurus Falcon .38 caliber revolver during, in relation to, and in furtherance of the drug trafficking offense alleged in Count I. The maximum possible penalty includes 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 violations alleged in the indictment, including but not limited to $690.85 in United States currency seized from the defendant on April 6, 2013, should be forfeited to the United States.
* Agustin Reyes, age 21, of West Point, Nebraska, who was previously convicted of theft by receiving stolen property, a felony, is charged with being in possession of a firearm, to wit: a Jennings firearm, Model J22, .22 caliber pistol on or about February 18, 2013. The maximum possible penalty includes imprisonment of 10 years, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment.
* Reyes Rivas-Giron, age 40, of Lexington, Nebraska, is charged with illegal reentry into the United States on or about March 17, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* April L. Rolenc, age 35, is charged in a four count indictment. Counts I, II, and III allege that on or about February 23 and 27, 2012, the defendant distributed a mixture or substance containing a detectable amount of methamphetamine. The maximum possible penalty for each count includes imprisonment of up to 20 years, a $1 million fine, a 5 year term of supervised release and a $100 special assessment. Count IV alleges that on or about April 8, 2013, the defendant possessed with intent to distribute 5 grams or more of actual methamphetamine. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million 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 violations alleged in Counts I, II, and III, including but not limited to $15,707.00 in United States currency seized from the defendant on April 8, 2013, should be forfeited to the United States.
* Armando De Jesus Romero-Lopez, age 36, of Grand Island, Nebraska, is charged with illegal reentry into the United States on or about April 6, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Samuel Sanchez-Mendoza, also known as, Charles Reyna-Rosas, also known as Javier Reyes-Campos, age 36, is charged in a two count indictment. Count I alleges that on or about March 19, 2013, the defendant was in possession of a firearm, to wit: a SAIGA-12 semiautomatic shotgun, knowing or having reasonable cause to believe that the firearm was stolen. The maximum possible penalty includes imprisonment of 10 years, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment. Count II alleges that on or about March 19, 2013, the defendant, an alien illegally and unlawfully in the United States, was in possession of a firearm, to wit: a Huldra Mark IV rifle. The maximum possible penalty includes imprisonment of 10 years, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment.
* Carlos Solorio-Enriquez, age 34, of Omaha, is charged with illegal reentry into the United States on or about March 22, 2013, following deportation as a felon. The maximum possible penalty if convicted includes imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Joseph Townsend, age 20, and Zachary Overman, age 21, both of Bellevue, are charged in Count I with being in possession of a firearm, to wit: a Beretta Model A-302 12-gauge shotgun on or about March 28, 2013, after having each been convicted of a felony. The maximum possible penalty includes imprisonment of 10 years, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment. Count II alleges that on or about April 8, 2013, the defendants were in possession of a second firearm, to wit: a Mossberg 500A 12-gauge shotgun, after having each been convicted of a felony. The maximum possible penalty includes imprisonment of 10 years, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment.
* Sidney G. Weaver, Jr., age 53, of Omaha, is charged with possession with intent to distribute 5 grams or more of actual methamphetamine on or about January 28, 2013. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment.Lincoln Man Sentenced for Conspiracy to Distribute Methamphetamine, Cocaine, and MarijuanaRead the Press Release
United States Attorney Deborah R. Gilg announced that on April 15, 2013, Luis Orta Espinoza, age 27 of Lincoln, was sentenced to 12 years and seven months (151 months) in prison for his role in a conspiracy to distribute methamphetamine, cocaine, and marijuana between June of 2008 and April of 2012. Following the prison term, Orta Espinoza will serve five years on supervised release.
Orta Espinoza was held responsible for the distribution of at least 1.5 kilograms of methamphetamine mixture (approximately 3 pounds); at least 50 grams of actual methamphetamine (approximately 1 ¾ ounces); at least 2 kilograms of cocaine (approximately 4 ½ pounds); and at least 80 kilograms of marijuana (approximately 176 pounds). Between December of 2011 and April of 2012, an undercover officer made a number of purchases of methamphetamine from a person who was working for Orta Espinoza in the distribution of methamphetamine. In May of 2011, a confidential informant purchased a small amount of cocaine from Orta Espinoza, and in February of 2012, a confidential informant purchased approximately three grams of mostly pure methamphetamine from Orta Espinoza. Other information provided to law enforcement indicated that Orta Espinoza was also involved in the distribution of marijuana.
The matter was investigated by the Lincoln/Lancaster County Narcotics Task Force, which includes officers of the Lincoln Police Department, the Lancaster County Sheriff=s Department, the Federal Bureau of Investigation, (FBI), and the University of Nebraska-Lincoln Police Department.
Omaha Man Sentenced for Illegal Possession of a FirearmRead the Press Release
United States Attorney Deborah R. Gilg announced that on April 10, 2013, Isaiah Cobb, Jr., 28, of Omaha was sentenced to a total of four years and 10 months (58 months) in prison for illegal possession of a firearm. Cobb was sentenced to three years and ten months (46 months) for being a felon in possession of a firearm. He received an additional one year (12 months) for violating the terms of his supervised release in an earlier case. The prison sentences are to run consecutively to each other. Following the completion of the prison terms, Cobb will serve an additional three years on supervised release.
In 2005, Cobb was convicted in federal court in Lincoln of possession with intent to distribute cocaine base (crack cocaine) within 1000 feet of a school. In January of 2007, Cobb began serving an eight-year term of supervised release after completing his prison term.
On August 24, 2012, Cobb’s supervising U.S. Probation Officer was conducting a home visit at Cobb’s Omaha apartment. During the visit, Cobb told his Probation Officer he had a gun in his apartment for protection due to his concerns about another resident of his apartment building. During a search of Cobb’s apartment, a U.S. Probation officer found a loaded pistol in a closet. Omaha Police Department records showed the gun had been reported stolen from a vehicle in June of 2007. In addition to being a violation of the law, the presence of the firearm in Cobb’s residence was a violation of the terms of his supervised release.
The matter was investigated by the United States Probation Office for the District of Nebraska and the Omaha Police Department.
Lincoln Man Sentenced for Possession of Child PornographyRead the Press Release
United States Attorney Deborah R. Gilg announced that Christopher Espinoza, 37, of Lincoln, Nebraska, was sentenced on April 9, 2013, in Lincoln, Nebraska, to seven years in prison by Senior United States District Judge Richard G. Kopf, for receipt of child pornography. After his release from prison, Espinoza will be required to serve a five year term of supervised release, and be registered as a sex offender.
In April 2012, members of the Lincoln/Lancaster County Narcotics Task Force executed a search warrant at the residence of Espinoza. A laptop belonging to Espinoza was seized, and an examination of the laptop found numerous videos and over 500 images of child pornography.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Lincoln Police Department.
Lincoln Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Deborah R. Gilg announced that on April 9, 2013, Kenneth Caldwell, 29, of Lincoln, was sentenced to 15 years and 8 months in prison for his involvement in a conspiracy to distribute methamphetamine between January of 2010 and September, 2012. Caldwell’s sentence was ordered to be run concurrently with a state sentence of 20-40 months imposed on February 1, 2012, in Lancaster County District Court. Following the prison term, Caldwell will serve five years on supervised release. Caldwell was held responsible for the distribution of at least 1.5 kilograms of methamphetamine in the Lincoln area.
The matter was investigated by the Lincoln/Lancaster County Narcotics Task Force, which includes officers of the Lincoln Police Department, the Lancaster County Sheriff=s Department, the Federal Bureau of Investigation, (FBI), and the University of Nebraska-Lincoln Police Department.
York Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Deborah R. Gilg announced that on April 8, 2013, Matthew David Siebrass, 27, of York, was sentenced to 10 years and one month (121 months) for his role in a conspiracy to distribute methamphetamine in the Lincoln and York areas between March of 2011 and November of 2011. Siebrass was also ordered to forfeit $1,837 in cash to the United States. Following the prison term, Siebrass will serve five years on supervised release.
Information provided to law enforcement indicated that Siebrass was responsible for the distribution of at least 500 grams (approximately 18 ounces) of methamphetamine during that time frame. In June of 2011, Siebrass was stopped by a Nebraska State Patrol trooper for speeding on Interstate 80 on his way back to York. Prior to the stop, Siebrass was seen leaving a Lincoln residence suspected to be involved in the distribution of drugs. Siebrass was found to be in possession of approximately 1 ¾ ounces of methamphetamine which Siebrass said he had obtained at the Lincoln residence. A search at that residence on the following day resulted in the finding of an additional ¼ ounce of methamphetamine. In September of 2011, Siebrass was stopped by Lincoln Police officers after leaving the same Lincoln residence. A small amount of methamphetamine was found in his possession along with $1,837 in cash.
The matter was investigated by the Lincoln/Lancaster County Narcotics Task Force, which includes officers of the Lincoln Police Department, the Lancaster County Sheriff's Department, the Federal Bureau of Investigation, (FBI), and the University of Nebraska-Lincoln Police Department, and by the Nebraska State Patrol.
Omaha Man Sentenced for Conspiracy to Distribute Crack CocaineRead the Press Release
United States Attorney Deborah R. Gilg announced that on April 8, 2013, Donald Hughes, 53, of Omaha, was sentenced to 6 years, 10 months in prison for his role in a conspiracy to distribute crack cocaine in the Omaha area between August of 2011 and January of 2012. Following the prison term, Hughes will serve four years on supervised release.
In August 2011, a confidential informant introduced an undercover officer to Herbert Christian, from whom the CI had previously purchased drugs. Over the course of the next several months the undercover officer and the CI together or the officer alone purchased approximately 2 ½ ounces of crack from Christian. During the investigation, officers were able to identify Hughes as the supplier of the crack cocaine.
Hughes is already in Bureau of Prisons custody serving a sentence for violating his supervised release on a 1997 crack conspiracy conviction. His 70 month sentence begins today. Christian was previously sentenced to 70 months imprisonment for his involvement.
The matter was investigated by the Greater Omaha Safe Streets Task Force, which includes officers of the Federal Bureau of Investigation, (FBI), Omaha Police Department, Bellevue Police Department and the Nebraska State Patrol.
Lincoln Man Sentenced for Conspiracy to Distribute Cocaine, Methamphetamine, and MarijuanaRead the Press Release
United States Attorney Deborah R. Gilg announced that on April 1, 2013, Aaron Raul Nunez, 25, of Lincoln, was sentenced to 10 years (120 months) in prison for his involvement in a conspiracy to distribute cocaine, methamphetamine, and marijuana between January of 2006 and September 21, 2012. Nunez’s sentence was ordered to be run concurrently with a state sentence of 20 months to 5 years imposed on March 29, 2013, in Lancaster County District Court after Nunez’s probation was revoked in a related case. Following the prison term, Nunez will serve five years on supervised release. He was also ordered to forfeit $6,242 in cash to the United States.
Nunez was held responsible for the distribution of at least 5 kilograms (approximately 11 pounds) of cocaine, at least 50 grams (approximately 1 ¾ ounces) of methamphetamine, and at least 10 kilograms (22 pounds) of marijuana in the Lincoln area. On September 21, 2012, Nunez was arrested on a federal warrant and was found in possession of $1,980.00 in cash. A search warrant was executed at Nunez’s Lincoln apartment and garage where officers found approximately ¾ ounce of cocaine, more than 1 pound of marijuana, and an additional $4,262.00 in cash.
The matter was investigated by the Lincoln/Lancaster County Narcotics Task Force, which includes officers of the Lincoln Police Department, the Lancaster County Sheriff's Department, the Federal Bureau of Investigation, (FBI), and the University of Nebraska-Lincoln Police Department.
Indictment Unsealed Against Ogallala ManRead the Press Release
United States Attorney Deborah R. Gilg announced that the indictment against Brock Adkins of Ogallala, Nebraska, has been unsealed. The indictment charges possession with intent to distribute less than 100 grams of a mixture or substance containing a detectable amount of heroin and 5 grams or more of methamphetamine (actual). The maximum penalty for this offense is 40 years imprisonment, a $5,000,000 fine, and at least 4 years of supervised release. The indictment also charges Mr. Adkins with being a drug user in possession of a firearm. The maximum penalty is 10 years imprisonment, a $250,000 fine, and 3 years of supervised release. The indictment also contains a forfeiture allegation for $6,485.00 in United States currency.
These charges are a result of a search warrant executed on October 11, 2012, in Ogallala, Nebraska. Mr. Adkins is set to appear in Federal Court for his initial appearance on March 29, 2013, at 1:30 p.m.
Lincoln Man Sentenced for Failing to Register as a Sex OffenderRead the Press Release
United States Attorney Deborah R. Gilg announced that Michael P. Boyer, age 47 of Lincoln, Nebraska, was sentenced on March 27, 2013, in Lincoln, Nebraska, to 12 months and one day in prison by United States District Senior Judge Lyle E. Strom, for failing to register as a sex offender. After his release from prison, Boyer will be required to serve a five year term of supervised release and be registered as a sex offender.
Boyer was required to register as a sex offender as a result of convictions for assault with intent to commit rape and assault with a deadly weapon in Placer County, California, in 1990. He was discharged from custody for that offense in 1993, and did not register in any of the states in which he subsequently resided.
This case was investigated by the United States Marshals Service.
Madison Couple Each Sentenced to more than 10 Years Imprisonment for their Role in a Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Deborah R. Gilg announced that Michael Pojar, 34, and Stacey Pojar, 33, both of Madison, Nebraska, were sentenced on March 25, 2013, to 158 months and 138 months in prison respectively by United States District Judge John M. Gerrard. The two had previously pled guilty for their involvement in a conspiracy to distribute more than one pound of “ice” methamphetamine in the Madison, Nebraska, area from September of 2011 and continuing through October of 2012. Each of the defendants’ sentences included additional prison time as they were both under terms of supervised release for prior felony drug convictions at the time they committed this offense.
This case was the result of a joint investigation by the Drug Enforcement Administration, the Nebraska State Patrol, and Homeland Security Investigations.
Lincoln Man Sentenced for Conspiracy to Distribute and Distribution of Cocaine BaseRead the Press Release
United States Attorney Deborah R. Gilg announced that on March 21, 2013, Timothy M. Felton, age 37 of Lincoln, was sentenced to 12 ½ years, (150 months), in prison for conspiracy to distribute cocaine base, also known as crack cocaine, and two counts of distribution of cocaine base between February of 2007 and April of 2010. Following the prison term, Felton will serve five years on supervised release.
Felton was held responsible for the distribution of approximately 5 ⅔ ounces of cocaine base. In March of 2010, a confidential informant working with the Lincoln/Lancaster County Narcotics Task Force made two purchases of small amounts of cocaine base from Felton.
The matter was investigated by the Lincoln/Lancaster County Narcotics Task Force, which includes officers of the Lincoln Police Department, the Lancaster County Sheriffs Department, the Federal Bureau of Investigation, (FBI), and the University of Nebraska-Lincoln Police Department.
Grand Jury for the District of NebraskaRead the Press Release
United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 15 indictments charging 16 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.
* Kelsey Allen, age 38, of Orchard, Nebraska, is charged in a two count indictment. Count I alleges that on or about August 22, 2012, the defendant distributed a mixture or substance containing a detectable amount of methamphetamine. The maximum possible penalty includes imprisonment of up to 20 years, a $1 million fine, a 5 year term of supervised release and a $100 special assessment. Count II alleges that on or about January 23, 2013, the defendant possessed with intent to distribute a mixture or substance containing a detectable amount of methamphetamine. The maximum possible penalty includes imprisonment of up to 20 years, a $1 million fine, a 5 year term of supervised release and a $100 special assessment.* Juan Avalos, age 24, and Jose Avalos, age 27, both of Omaha, are charged in a three count indictment. Count I alleges that on or about February 1, 2013, the defendants possessed with intent to distribute 50 grams or more of actual methamphetamine. The maximum possible penalty includes imprisonment of not less than 10 years and up to life, a $10 million fine, a 5 year term of supervised release and a $100 special assessment. Count II alleges that on or about February 1, 2013, Juan Avalos was in possession of a firearm, to wit: a Davis Industries .380 caliber firearm after having been convicted of a felony. The maximum possible penalty includes imprisonment of 10 years, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment. Count III alleges that on or about February 1, 2013, Jose Avalos was in possession of a firearm, to wit, an SCCY model CPX-1 9 mm handgun, knowing or having reasonable cause to believe that the firearm was stolen. The maximum possible penalty includes imprisonment of 10 years, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment.
* Johnnie B. Davis, Jr., age 33, of Omaha, is charged with being a felon in possession of a firearm, to wit: a Mossberg 500A shotgun, on or about January 1, 2013. The maximum possible penalty includes imprisonment of 10 years, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment.
* Jose Gonsalez-Lopez, age 37, is charged in a three count indictment. Count I alleges that beginning on or about November 26, 2012, and continuing to on or about March 7, 2013, the defendant conspired with others to distribute and possess with intent to distribute 50 grams or more of actual methamphetamine. The maximum possible penalty includes imprisonment of not less than 10 years and up to life years, a $10 million fine, a 5 year term of supervised release and a $100 special assessment. Counts II and III allege that on or about November 29, and on or about December 4, 2012, the defendant distributed 5 grams or more of actual methamphetamine. The maximum possible penalty for each count includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment.
* Carlos Juan-Castaneda, age 35, of Omaha, is charged with illegal reentry into the United States on or about February 27, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* John L. Main, age 61, of Omaha, is charged in a two-count indictment. Count I alleges that on or about August 6, 2008, Main filed a false Income Tax Return for calendar year 2006 by reporting gross receipts or sales during 2006 for his business, Main Concrete and Construction, to be $765,249 when in fact the sales were determined to be approximately $1,266,706. The maximum possible penalty includes imprisonment of 3 years, a $100,000 fine, 1 year of supervised release, and a $100 special assessment. Count II of the indictment alleges that on or about August 6, 2008, Main filed a false Income Tax Return for calendar year 2007 by reporting gross receipts or sales during 2007 for his business, Main Concrete and Construction, to be $534,892 when in fact the sales were determined to be approximately $925,045. The maximum possible penalty includes imprisonment of 3 years, a $100,000 fine, 1 year of supervised release, and a $100 special assessment.
* Miguel Martell-Rios, age 35, of Omaha, is charged with illegal reentry into the United States on or about March 6, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Thomas L. Payton, age 28, of Omaha, a drug user, is charged with being in possession of a firearm, to wit: a Russian Armory, Model SKS, 7.62mm Rifle, on or about January 15, 2013. The maximum possible penalty includes imprisonment of 10 years, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment.
* Jose Picon-Hernandez, age 41, of Omaha, is charged with illegal reentry into the United States on or about February 17, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Daniel Ramirez-Rodriguez is charged in a three-count Indictment. Count I of the Indictment charges Ramirez-Rodriguez with misuse of a Social Security Number on or about September 4, 2012. The maximum penalty for this count includes imprisonment of 5 years, a fine of $250,000, followed by a term of supervised release of 3 years, and a special assessment of $100. Count II of the Indictment alleges on or about September 4, 2012, Ramirez-Rodriguez 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 for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. Count III charges that on or about September 4, 2012, Ramirez-Rodriguez misused a Social Security Card knowing that said document was not issued lawfully for his use. The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Larry Redwing, age 59, of Niobrara, Nebraska, is charged with possession of methamphetamine within the boundaries of the Santee Sioux Indian Reservation on or about February 11, 2012. The maximum possible penalty includes imprisonment of not more than 1 year, a $100,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Jesus Acosta Robles, age 48, of Omaha, is charged with bank robbery of the Wells Fargo Bank, 4650 South 24th Street, Omaha, Nebraska, on or about August 13, 2012. The maximum possible penalty, if convicted, includes 20 years imprisonment, a fine of $250,000, a 3 year term of supervised release, and a $100 special assessment.
* Leonel Torres-Garcia, age 40, of Emerson, Nebraska, is charged with illegal reentry into the United States on or about March 5, 2013, following deportation as an aggravated felon. The maximum possible penalty if convicted includes imprisonment of 20 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Skye Lynn Van Dyne, age 18, is charged with making a false statement to the Federal Bureau of Investigation on or about December 9, 2012. The maximum penalty for this count includes imprisonment of 5 years, a fine of $250,000, a 3 year term of supervised release, and a $100 special assessment.
* Luis Vasquez-Ramos, age 32, of Kearney, Nebraska, is charged with illegal reentry into the United States on or about February 13, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.Creston Man Pleads Guilty to Bankruptcy Fraud SchemeRead the Press Release
United States Attorney Deborah R. Gilg announced that on March 19, 2013, Ross Boydston, age 57 of Creston, Nebraska, pleaded guilty to an Information charging him with bankruptcy fraud. Sentencing has been set for June 24, 2013, before United States District Court Judge John M. Gerrard. The maximum punishment for the offense is up to five years imprisonment and/or a $250,000.00 fine with any term of imprisonment to be followed by a term of supervised release of up to three years.
According to the Information, Boydston knowingly devised a scheme to defraud American Mortgage Company, (AMC), and, as part of the scheme, subsequently filed a Chapter 12 bankruptcy. The Information alleges that it was part of the scheme to defraud that Boydston sold livestock which had been pledged as collateral to American Mortgage Company without notifying AMC of the sales and without remitting the proceeds of the sales to AMC. It was a further part of the scheme to defraud that Boydston made material false statements, representations and omissions in his Chapter 12 bankruptcy case in an attempt to conceal the fact that he had transferred and sold the collateral without remitting the proceeds. Specifically, the Information alleges Boydston’s bankruptcy schedules failed to list all of the transfers and sales of pledged livestock collateral within the two years preceding the bankruptcy filing. The Information further alleges that, in order to further conceal the transfers and sales of livestock, Boydston attended the first meeting of creditors in his bankruptcy case and falsely testified that there had not been any sales of livestock in which the proceeds had not been turned over to the lien of AMC. Boydston admitted these allegations as part of his plea agreement with the United States.
“Concealing sales and transfers of assets in a bankruptcy proceeding is a crime that threatens the integrity of the bankruptcy process and public confidence in that process,” stated Nancy J. Gargula, United States Trustee for Nebraska, Missouri, and Arkansas (Region 13). “We are grateful to all of our law enforcement partners in this case, and, in particular, to U.S. Attorney Deborah Gilg for her commitment to pursuing those who commit bankruptcy fraud.” Region 13 of the U.S. Trustee Program is headquartered in Kansas City, with additional offices in Omaha, St. Louis, and Little Rock. The U.S. Trustee Program is the component of the Justice Department that protects the integrity of the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws.
The United States Trustee’s Office and members of the Nebraska Bankruptcy Fraud Working Group assisted the United States Attorney’s Office with the investigation of this matter.
Lincoln Woman Sentenced in Drug ConspiracyRead the Press Release
United States Attorney Deborah R. Gilg announced that on March 18, 2013, United States District Judge John M. Gerrard sentenced Teresa Liggins, 51, of Lincoln, Nebraska, to 21 years and 10 months in prison for her conviction for conspiracy to district over 280 grams of crack cocaine.
Liggins was indicted in May of 2012 and pled guilty on December 21, 2012. Liggins was involved in distributing small quantities of crack cocaine in the Lincoln area. She was previously sentenced, and is currently serving a sentence of 3 to 6 years, for attempted delivery of a controlled substance from the Lancaster County District Court. Judge Gerrard ordered that her federal sentence be served concurrently with the state sentence. Liggins was charged with conspiring with Diwancha Brown, who has also pled guilty and is awaiting sentencing.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
Crete Resident Sentenced for Role in Tax Return SchemeRead the Press Release
United States Attorney Deborah R. Gilg announced that Jose Feliciano Alvarado-Montoya, 42, of Crete, Nebraska, was sentenced on March 12, 2013, in Lincoln, Nebraska, for his role in a conspiracy to obtain payment of fraudulently obtained federal tax refund checks. Alvarado-Montoya was sentenced to time served by United States Senior District Judge Richard G. Kopf. The sentence includes a three-year term of supervised release, and restitution of $4,250 to be paid to the United States.
Alvarado-Montoya was indicted by a federal grand jury in September 2012 in connection with a fraudulent tax refund scheme. Alvarado-Montoya conspired to cash tax refund checks and to obtain payment from the United States knowing the tax refund checks were fraudulently obtained. Alvarado-Montoya, along with his co-defendant, obtained tax refund checks in the names of various individuals, all with North Carolina addresses. Alvarado-Montoya allegedly knew the refund checks were from fraudulent income tax returns filed with the Internal Revenue Service, the returns having been filed using the names of individuals who were not residing in the United States and were not entitled to receive tax refund checks.
On two occasions, Alvarado-Montoya and his co-defendant went to a store in Lincoln, Nebraska, for the purpose of cashing the tax refund checks. They provided copies of passports and identification numbers matching the names on the checks and falsely stated they were cashing the checks for family members. In addition, they offered to pay a 15% fee to cash the refund checks when the normal fee was no more than 3%. Alvarado-Montoya received and attempted to receive payments from United States Treasury Checks totaling $29,088.93.
“IRS Criminal Investigation has made investigating refund fraud and identity theft a top priority," said Sybil Smith, Special Agent in Charge of IRS Criminal Investigation. "Protecting taxpayer dollars is a matter we take very seriously.”
This case was investigated by IRS Criminal Investigation.
Winnebago Man Sentenced for Felony DUI ConvictionRead the Press Release
United States Attorney Deborah R. Gilg announced that Joseph C. Snowball, age 24 of Winnebago, was sentenced by Chief United States District Court Judge Laurie Smith Camp for his felony conviction of driving under the influence while having a minor child present in the vehicle. Snowball was sentenced to five years’ probation and was ordered to pay restitution in the amount of $188,621.25 for injuries suffered by the passengers in the vehicle he was driving. While on probation, Snowball will be required to perform 100 hours of community service. In addition, he will not be allowed to drive unless he has an ignition interlock device installed on his vehicle.
On May 11, 2012, Snowball was in a vehicle on the Winnebago Indian Reservation along with four other persons, including a five year old child. The adults in the vehicle had been drinking for an extended period of time. When the owner of the vehicle became too intoxicated to drive safely, Snowball took over even though he did not have a driver’s license and even though he was also intoxicated. Within minutes after taking over control of the car, Snowball lost control of the vehicle causing it to leave the roadway and crash into a tree. Snowball’s blood alcohol level was determined to be .234. All the passengers suffered injuries, although none were life-threatening.
Although this was Snowball’s first DUI offense, he was convicted of a felony because federal law makes driving under the influence while having a minor child present in the vehicle an offense punishable by an additional one year term of imprisonment over the standard penalties for a DUI conviction.
This case was investigated by the Bureau of Indian Affairs.
Lincoln Man Sentenced for Conspiracy to Distribute Methamphetamine and CocaineRead the Press Release
United States Attorney Deborah R. Gilg announced that on March 7, 2013, Martin Daniel Sanchez Martinez, age 21 of Lincoln, was sentenced to four years and nine months (57 months) in federal prison for his involvement in a conspiracy to distribute and possess with intent to distribute methamphetamine and cocaine between July of 2011 and April of 2012. Information provided to law enforcement indicated that Montoya was responsible for the distribution of at least 50 grams of methamphetamine mixture, at least 35 grams of actual methamphetamine, and less than 25 grams of cocaine during that time frame in the Lincoln area. On 13 occasions between December of 2011 and April of 2012, Martin Daniel Sanchez Martinez delivered methamphetamine and/or cocaine to an undercover Lincoln Police officer.
Following the prison term, Martinez will serve three years on supervised release.
The matter was investigated by the Lincoln/Lancaster County Narcotics Task Force, which includes officers of the Lincoln Police Department, the Lancaster County Sheriff=s Department, the Federal Bureau of Investigation, (FBI), and the University of Nebraska-Lincoln Police Department.Salt Lake City Man Sentenced to 57 Months Imprisonment for Shipping MDMA Pills to Grand Island, NebraskaRead the Press Release
United States Attorney Deborah R. Gilg announced that the Honorable John M. Gerrard, U.S. District Court Judge, sentenced James Sayavong to 57 months imprisonment, to be followed by 3 years of supervised release, and he was ordered to pay a $100 special assessment, following his conviction for conspiracy to distribute 3,4-methylenedioxymethamphetamine (also known as “MDMA” or “ecstasy”).
Between February of 2007 and April of 2009, Sayavong, who lived in Salt Lake City, Utah, would mail MDMA pills to people who lived in Grand Island, Nebraska. The people in Grand Island would then resell the MDMA pills and send payment back to Sayavong in Salt Lake City. Sayavong was arrested by the Federal Bureau of Investigation in Salt Lake City on March 23, 2012, and brought to Lincoln, Nebraska for prosecution. Sayavong pled guilty on December 6, 2012.
The FBI and the Central Nebraska Drug and Safe Streets Task Force were responsible for the investigation of this case.Omaha Man Pleads Guilty to Conspiracy to Defraud the United States in Collection of Income TaxesRead the Press Release
United States Attorney Deborah R. Gilg announced that on February 27, 2013, an Information was filed in United States District Court for the District of Nebraska charging Michael D. Haffke age 50 of Omaha Nebraska, with one count of conspiracy to defraud the United States in violation of Title 18, United States Code, Section 371. The maximum penalty for the offense is five years imprisonment, a $250,000 fine, and three years of supervised release. Haffke appeared before United States District Court Judge Joseph F. Bataillon for arraignment on February 27, 2013 and entered a plea of guilty to the conspiracy charge. Sentencing has been set for May 31, 2013.
According to the Information, from January 1, 2000, through on or about December 31, 2007, Haffke participated in a conspiracy with fraudulent tax planners and others which was designed to hide or remove his name from income producing assets for the purpose of evading personal tax liabilities. As part of the conspiracy, Haffke created in excess of 40 nominee entities purporting to claim ownership of assets that were actually owned and controlled by Haffke. A limited partnership called The Rock Place was created and the partnership purported to lease equipment, real estate and improvements from the nominee entities for the purpose of artificially increasing costs in order to reduce income of the partnership which would have been attributed to Haffke for tax purposes. However, monies from these purported lease payments were deposited into nominee bank accounts in Colorado and the funds were ultimately distributed to Haffke for his own personal use. As a further part of this scheme, Haffke did not file any personal tax returns during the years 2003 through 2008. The IRS determined the tax loss associated with the scheme was $422,350.00.
In 2012, Haffke did file personal tax returns with the IRS for tax years 2003 through 2007. As part of the plea agreement, Haffke has agreed to work with the IRS to determine what additional taxes might be due and owing and to satisfy those tax liabilities.
This case was investigated by the Internal Revenue Service Criminal Investigation Division. Sybil Smith, Special Agent in Charge of the Internal Revenue Service CID, stated, “Placing income and property in the names of nominee corporations to conceal the true facts from the IRS is not tax planning; it’s criminal activity.”
Former Lincoln Resident Sentenced for Conspiracy to Distribute Methamphetamine and Cocaine and Failure to AppearRead the Press Release
United States Attorney Deborah R. Gilg announced that on February 27, 2013, Fernando Sanchez-Sanchez, formerly of Lincoln, was sentenced to a total of 235 months in prison for conspiracy to distribute methamphetamine and cocaine and failure to appear.
Sanchez-Sanchez, 27, was originally indicted for conspiracy to distribute 500 grams or more of a mixture or substance containing methamphetamine and 500 grams or more of a mixture or substance containing cocaine in March of 2009. Information provided to law enforcement indicated that between April of 2007 and September of 2008, Sanchez-Sanchez was responsible for the distribution of 15 kilograms or more of a mixture or substance containing methamphetamine and at least 2 kilograms of a mixture or substance containing cocaine. Sanchez-Sanchez pled guilty to that charge in July of 2009 and was scheduled to be sentenced on October 27, 2009, but he failed to appear for sentencing. In November of 2009, Sanchez-Sanchez was indicted for failure to appear. He was arrested on January 17, 2012, and pled guilty to the failure to appear charge in May of 2012.
The two cases were consolidated for sentencing, and Sanchez-Sanchez was sentenced to 188 months on the drug conspiracy charge and 47 months on the failure to appear charge, with the sentence for the failure to appear to be served consecutively to the sentence on the drug charge. Sanchez-Sanchez was also ordered to serve five years on supervised release following the prison terms and was ordered to pay $200 in special assessments.
The drug conspiracy case was investigated by the Lincoln/Lancaster County Narcotics Task Force, which includes officers of the Lincoln Police Department, the Lancaster County Sheriffs Department, the Federal Bureau of Investigation, (FBI), and the University of Nebraska-Lincoln Police. The failure to appear case was investigated by the United States Marshal’s Service.
Macy Man Sentenced for AssaultRead the Press Release
United States Attorney Deborah R. Gilg announced that Wisdom P. Webster, age 29 of Macy, Nebraska, was sentenced in United States District Court in Omaha for Assault with a Dangerous Weapon. The Honorable Laurie Smith Camp, Chief Judge, sentenced Webster to 46 months in
prison. After his release from prison Webster will begin a 3 year term of supervised release.On January 7, 2012, Webster argued with the mother of his children at a bar in Walthill, Nebraska. After leaving the bar the two drove to a home within the Omaha Indian Reservation. They continued to argue before Webster hit and bit her. The bite resulted in the severance of the lower portion of her right ear lobe, a laceration to her eye lid, and bruises to her head and neck.
Lincoln Man Sentenced for Failing to Register as a Sex OffenderRead the Press Release
United States Attorney Deborah R. Gilg announced that Allen E. Overholtzer, age 35 of Lincoln, Nebraska, was sentenced on February 25, 2013, to 15 months in prison by United States District Judge Laurie Smith Camp, for failing to register as a sex offender. After his release from prison, Overholtzer will be required to serve a five year term of supervised release and be registered as a sex offender.
Overholtzer was required to register as a sex offender as a result of a conviction on two counts of third degree sexual assault in Lincoln, Nebraska. Overholtzer was registered at an address in Lincoln, Nebraska, but was found to be residing in Pueblo, Colorado.
This case was investigated by the United States Marshals Service.Grand Jury for the District of NebraskaRead the Press Release
United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 26 indictments charging 30 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Tomas Barrios-Samaniego is charged with being an alien illegally in the United States in possession of a firearm, to wit: a Walther P22 .22 caliber firearm. The maximum possible penalty includes imprisonment of up to 10 years, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment.
* Cesar Cabrera-Juarez, age 29, of Grand Island, Nebraska, is charged with illegal reentry into the United States on or about December 19, 2012, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Larry K. Christiansen, age 33, and Michelle C. Christiansen, age 43, both of Omaha, are charged in a two count indictment. Count I alleges the defendants conspired together and with others beginning from an unknown date but at least as early as January 1, 2010, and continuing to on or about October 31, 2012, to manufacture and attempt to manufacture 100 or more marijuana plants. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment. Count II alleges that on or about October 31, 2012, the defendants possessed with intent to distribute less than 50 kilograms of marijuana. The maximum possible penalty includes imprisonment of up to 20 years, a $1 million fine, a 5 year term of supervised release and a $100 special assessment. Count III alleges that on or about October 31, 2012, Larry K. Christiansen possessed a Black Rain Ordinance .223 caliber rifle, during, in relation to, and in furtherance of the drug trafficking offense alleged in Count II. The maximum possible penalty includes 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 the indictment, including but not limited to:
a. $146,197.00 in United States currency;
b. 2007 Chevrolet Silverado 2500;
c. 2011 Cadillac SRX;
d. 2012 Chevrolet Corvette;
e. 2012 Harley Davidson FLSTF Fat Boy Motorcycle;
f. 2013 Harley Davidson FLS Softail Slim Motorcycle;
g. Eight 100 Troy Ounce silver bars;
h. Seventy-four 1 Troy Ounce silver round;
i. Five 10 Troy Ounce silver bars;
j. One 5 Troy Ounce silver bar;
k. Five 1 Troy Ounce silver bars;
l. Two 1 Troy Ounce gold American Buffalo gold coins;
m. One 1 Troy Ounce gold Canadian Maple Leaf gold coin;
n. Black Rain Ordinance .223 Caliber Rifle;
o. DPMS Panther Arms .223 Rifle;
p. Beretta CX4 Storm .45 cal Auto Machine Pistol;
q. Black Rain Ordinance Rifle;
r. Smith and Wesson MP-15 Rifle;
s. HK MR762A1 Rifle;
t. Lot 21, in Deer Creek, a Subdivision, locally known as 7361 North 122nd Avenue Circle, Omaha, Douglas County, Nebraska; and
u. Lot 134, Pine Creek, a Subdivision, locally known as 16221 Young Street, Omaha, Douglas County, Nebraska, seized on October 31, 2012, should be forfeited to the United States.
* Randy Lee Contreras, age 35, and Veronica Contreras, age 25, both of Culbertson, Nebraska, are charged with conspiring together and with others to possess and possess with intent to distribute 50 grams or more of a mixture or substance containing methamphetamine beginning on or about November 2012, and continuing to on or about December 7, 2012. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment.
* John R. Creel, Sr., age 59, of Omaha, is charged with failure to register as a Sex Offender in the State of Nebraska from on or about October 2012 through January 2013. The maximum penalty for this count includes imprisonment of 10 years, a fine of $250,000, a term of supervised release for life, and a special assessment of $100.
* John Harvey Deming, age 26, of Sioux City, Iowa, is charged with Assault in the Third Degree. On or about March 23, 2012, Deming assaulted and caused bodily injury to an Indian female minor within the boundaries of the Omaha Indian Reservation. The maximum penalty for this count includes imprisonment of 6 months, a $1,000 fine, supervised release for 1 year, and a special assessment of $10.
* Jeremy David Evans, age 30, of Carol Stream, Illinois, is charged with bank robbery of Bank of the West, 7910 Cass Street, Omaha, Nebraska, on or about October 10, 2012, in the amount of approximately $11,340. The maximum possible penalty, if convicted, includes 20 years imprisonment, a fine of $250,000, a 3 year term of supervised release, and a $100 special assessment.
* Matthew David Fell, age 29, of Waterloo, Iowa, is charged in a two-count indictment. Counts I and II charge that on or about June 18, 2012, and June 25, 2012, respectively, Fell made threats via the mail to kill unspecified individuals and to unlawfully damage real and personal property. The maximum possible penalty for each Count includes imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Ismael Francisco-Francisco, age 28, of Omaha, is charged with illegal reentry into the United States on or about December 17, 2012, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Christi Leigh Freemont, age 30, of Winnebago, Nebraska, is charged in a one-count Indictment with embezzlement from an Indian tribe. From on or about January 1, 2012, and continuing to on or about June 4, 2012, Freemont, an employee of the Winnebago Tribe of Nebraska, embezzled more than $1,000 for her own use from the Winnebago Tribe of Nebraska. The maximum penalty for this count includes imprisonment of 5 years, a fine of $250,000, supervised release of 3 years, and a special assessment of $100.
* Troy Gee, age 34, of Omaha, is charged in a 15 count indictment. Count I alleges that on or about September 27, 2012, the defendant distributed 28 grams or more of a mixture or substance containing a detectable amount of crack cocaine. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment. Counts II through VII allege that on or about August 24, 2012, the defendant sold an individual an H&R Topper 12 gauge break open shotgun (Count II), a Remington Fieldmaster 572 .22 caliber rifle (Count III), a Remington Wingmaster 870 12 gauge shotgun (Count IV), a Ruger 10/22 .22 caliber semi-automatic rifle (Count V), a Squires Bingham Squibman 20A .22 caliber semi-automatic rifle (Count VI), and a Baikal Russia, imported by EAA, MP-153 12/89 (Count VII), knowing the individual had previously been convicted of a felony. The maximum possible penalty for each count includes imprisonment of 10 years, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Counts VIII through XI allege that on or about September 5, 2012, the defendant sold an individual a Harrington and Richardson model 349 Gamemaster 12 gauge bolt action shotgun (Count VIII), a Remington model 1100 12 gauge semi-automatic shotgun (Count IX), and two Arisaka bolt action rifles (Counts X and XI), knowing the individual had previously been convicted of a felony. The maximum possible penalty for each count includes imprisonment of 10 years, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Counts XII through XIV allege that on or about September 27, 2012, the defendant sold an individual a DPMS model A15.233 caliber semi-automatic rifle (Count XII), a Taurus model PT740 slim .40 caliber semi-automatic pistol (Count XIII) and a Colt model Diamondback .38 caliber revolver (Count XIV), knowing the individual had been previously convicted of a felony. The maximum possible penalty for each count includes imprisonment of 10 years, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count XV alleges that on or about October 25, 2012, the defendant possessed a Romarm Cugir/WASR 10/63 UF 7.62 caliber semi-automatic rifle from which the serial number had been removed, altered and obliterated. The maximum possible penalty for this count includes imprisonment of 10 years, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment.
* Ilman Jose Gonzalez-Davila, age 29, of Grand Island, Nebraska, is charged with being an illegal alien in possession of a firearm on or about December 31, 2012. The penalty for this count includes imprisonment of 10 years, a fine of $250,000, followed by a term of supervised release of 3 years, and a special assessment of $100. Count II alleges that on or about December 31, 2012, Gonzalez-Davila was in possession of an unregistered firearm. The penalty for this count includes imprisonment of 10 years, a fine of $10,000, followed by a term of supervised release of 3 years, and a special assessment of $100.
* Gabriel Gonzalez-De La Cruz, age 38, of Columbus, Nebraska, is charged with illegal reentry into the United States on or about January 1, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Floyd Victor Johnson, age 21, of Niobrara, Nebraska, is charged with sexual abuse of a minor sometime between on or about April 1, 2011, and on or about May 15, 2011, within the Santee Sioux Indian Reservation. The maximum penalty includes imprisonment of 15 years, a fine of $250,000, supervised release for life, and a $100 special assessment.
* Tyler Joseph Keup, age 29, of North Platte, Nebraska, is charged in a two count indictment. Count I alleges that beginning on or about October 1, 2012, and continuing until on or about November 25, 2012, the defendant conspired with others to distribute and possess with intent to distribute 5 grams or more of actual methamphetamine. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment. Count II alleges that on or about November 2, 2012, the defendant possessed with intent to distribute 5 grams or more of actual methamphetamine. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment.* Moises Mendez-Coti, age 30, of Grand Island, Nebraska, is charged with illegal reentry into the United States on or about February 3, 2013, following deportation as a felon. The maximum possible penalty if convicted includes imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Isidro Ortiz, Jr., age 33, is charged in a three count indictment. Count I alleges that beginning on or about October 1, 2012, and continuing until on or about November 25, 2012, the defendant conspired with others to distribute and possess with intent to distribute 5 grams or more of actual methamphetamine. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment. Count II alleges that on or about November 2, 2012, the defendant possessed with intent to distribute 5 grams or more of actual methamphetamine. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment. Count III alleges that on or about November 19, 2012, the defendant, having previously been convicted of a felony, was in possession of three firearms: a Winchester, model 1400, 12 gauge shotgun, a Smith and Wesson SW40VE, .40 caliber pistol, and a Jimenez Arms J.A. NINE, 9mm pistol. The maximum possible penalty includes imprisonment of 10 years, a $250,000 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 violations alleged in the indictment, including but not limited to $2,000.00 in United States currency seized on November 19, 2012, from the purse of Angel Benitez and $770 in United States currency seized from Angel Benitez on November 1, 2012, should be forfeited to the United States.* Troy M. Ortmeier, age 45, of West Point, Nebraska, is charged with four counts of wire fraud from on or about July 2, 2008, to on or about September 1, 2011. It is alleged that Ortmeier, Manager of Ortmeier & Associates under a Broker-Sales Associate Contract and a Real Estate Broker, paid himself from the Real Estate Trust Account and from the Operating Account, monies to which he was not entitled, in addition to his commissions and monthly payment which were legitimate payments to himself from Ortmeier & Associates. Ortmeier made false entries in Ortmeier & Associates’ electronic bookkeeping system to conceal the unauthorized payments. Ortmeier also sent falsified Reconciliation Detail Reports to the owners of Ortmeier & Associates. The maximum possible penalty for each of these counts includes imprisonment of 20 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. The indictment also alleges property used or intended to be used as part of these violations should be forfeited to the United States.
* Sergio Arturo Portillo-Lujan, age 30, of Omaha, is charged with illegal reentry into the United States on or about December 11, 2012, following deportation as a felon. The maximum possible penalty if convicted includes imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Jairo Rodriguez, age 27, who was previously convicted of possession of a firearm with an obliterated serial number, a felony, is charged with being in possession of a firearm, to wit: a Smith and Wesson Bodyguard .380 handgun and .380 ammunition on or about February 8, 2013. The maximum possible penalty includes imprisonment for 10 years, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Jhonatan Roman-Heredia, age 24, Virgilio Roman-Chadez, age 48, and Gonzalo Arredondo-Sicairos, age 27, of Omaha, are charged in a four count indictment. Count I alleges that beginning from an unknown date but at least as early as January 1, 2012, and continuing to on or about February 8, 2013, the defendants conspired together and with others to possess with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine. The maximum possible penalty includes imprisonment of not less than 10 years and up to life, a $10 million fine, a 5 year term of supervised release and a $100 special assessment. Counts II, III, and IV allege that on or about January 17, 29, and February 5, 2013, Gonzalo Arredondo-Sicairos distributed 5 grams or more of a mixture or substance containing a detectable amount of methamphetamine. The maximum possible penalty for each count includes imprisonment of not less than 5 years and up to 40 years, a $5 million 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 by Jhonatan Roman-Heredia and Virgilio Roman-Chaidez, directly or indirectly as a result of the violations alleged in the indictment, including but not limited to $113,817.00 in United States currency seized on February 8, 2013, should be forfeited to the United States.
* Valentin Saenz-Tarrango, age 28, of Grand Island, Nebraska, is charged with illegal reentry into the United States on or about January 31, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Christopher S. Stevens, age 51, of Omaha, is charged with theft of funds from the United States Social Security Administration beginning on or about March 18, 2007, and up to and including May 16, 2012, by receiving Supplemental Security Income in the amount of approximately $43,722. The maximum possible penalty if convicted includes imprisonment of 10 years, a $250,000 fine, supervised release of 3 years, and a $100 special assessment.
* Jose Suarez-Estrada, age 46, of Omaha, is charged with illegal reentry into the United States on or about February 8, 2013, following deportation as a felon. The maximum possible penalty if convicted includes imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Gustavo Armenta Trujillo, also known as Gustavo Trujillo Armenta, also known as Gustabo Trujillo Armenta, also known as Gustavo Armenta-Trujillo, also known as Carlos Mendoza-Armenta, also known as Marcos Armenta Valdez, also known as Miguel Carasco Perez, also known as Miguel Contreras Perez, age 41, of Lincoln, is charged in a two count indictment. Count I alleges that on or about January 28, 2013, the defendant possessed with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment. Count II alleges that on or about January 28, 2013, the defendant who had previously been excluded from the United States following a conviction for an aggravated felony, to wit: possession with intent to deliver a controlled substance, was found in the United States. The maximum possible penalty includes imprisonment of not less than 20 years, a $250,000 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 $697.00 in United States currency seized from the defendant on or about January 28, 2013, should be forfeited to the United States.
* Eduardo Valenzuela-Nunez, also known as Eden Mora-Castro, also known as Damien Palacios, also known as Lalo, also known as Gordo, also known as Viejon, age 34, is charged in a two count indictment. Count I alleges that beginning on or about December 1, 2009, and continuing to on or about November 27, 2012, the defendant conspired with others to distribute and possess with intent to distribute 50 grams or more of actual methamphetamine. The maximum possible penalty includes imprisonment of not less than 10 years and up to life, a $10 million dollar fine, a 5 year term of supervised release and a $100 special assessment. Count II alleges that on or about October 4, 2012, the defendant distributed 50 grams or more of actual methamphetamine. The maximum possible penalty includes imprisonment of not less than 10 years and up to life, a $10 million dollar fine, a 5 year term of supervised release and a $100 special assessment.Chadron Man Sentenced for Receipt and Distribution of Child PornographyRead the Press Release
United States Attorney Deborah R. Gilg announced that Robert Fleming, 32, of Chadron, Nebraska, was sentenced today, February 20, 2013, in Lincoln, Nebraska, to 10 years in prison by United States District Judge Richard G. Kopf, for receipt and distribution of child pornography. After his release from prison, Fleming will be required to serve the rest of his life under supervision.
On November 22, 2008, the Chadron Police Department executed a search warrant at Fleming’s residence in Chadron, Nebraska. The Chadron Police Department then contacted the FBI seeking assistance in conducting forensic examinations of the computer and other storage media to determine if there was child pornography on the items seized from Fleming’s residence. The FBI determined that there were 78 videos and 4,000 pornographic images depicting child pornography found on the computer and storage media. The images found included prepubescent minors engaged in graphic sexually explicit conduct. The images were received from at least July 27, 2006 to November 22, 2008.
This case was investigated by the Federal Bureau of Investigation and Chadron Police Department.Macy Man Sentenced to 37 Months for AssaultRead the Press Release
United States Attorney Deborah R. Gilg announced that Conrad D. Lyons, Jr., 24, of Macy, Nebraska was sentenced in the United States District Court at Omaha for Assault with a Dangerous Weapon. The Honorable Laurie Smith Camp, Chief Judge, imposed a sentenced of 37 months. After his release from prison Lyons will be on a 3 year term of supervised release.
Lyons had recently been released from federal prison for assaulting a federal officer in August 2012. He was on supervised release for that crime.
On August 3, 2012, Lyons was in a verbal altercation with his girlfriend who is also the mother of his children at a bar in Walthill, Nebraska. He was removed from the bar. His girlfriend left the bar later and began to walk home. Lyons approached her and struck her to the face with both his fist and a full beer can. The force of the beer can split her lip vertically to the base of her nose. Lyons then struck a witness who attempted to intervene. Lyons continued to assault his girlfriend once she entered her residence until the Omaha Tribal Police Department arrived and intervened.
Two Omaha Men Found Guilty of Conspiracy to Distribute Crack CocaineRead the Press Release
United States Attorney Deborah R. Gilg announced that after a jury trial which began January 22, 2013, Guy E. Allen and Christopher Mallett were found guilty of conspiracy to distribute crack cocaine. Several crack users testified about the defendants’ distribution in the near south area of Lincoln. The jury also heard evidence of several drug purchases made by undercover Lincoln Police officers. Lincoln Police also seized crack from Guy Allen and Terrell Tyler during the investigation. The conspiracy started in the fall of 2009 and lasted until at least the arrest of Allen, June 15, 2011.
This case was investigated by the Lincoln Police Department.
Ralston Man Sentenced to 2 years for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Deborah R. Gilg announced that James R. Nelson, 56, was sentenced in the United States District Court in Omaha for failure to register as a sex offender. The Honorable Lyle E. Strom, Senior District Court Judge, sentenced Nelson to 2 years in prison. After his release from prison Nelson will begin a 5 year term of supervised release.
Nelson was convicted in Illinois of sexual assault of a seven year old in 1995. He is required to register as a sex offender for life. He was last registered at an address in Iowa. Nelson moved to Ralston in June of 2012. He acquired a Nebraska Identification card. He failed to register as a sex offender in Nebraska. He was arrested on July 9, 2012, by the United States Marshal Service.
The case was prosecuted as a part of Project Safe Childhood. Project Safe Childhood is an initiative of the United States Department of Justice designed to protect children from individuals who would exploit them online or offline and includes individuals who travel in interstate commerce and fail to register as sex offenders as required by law. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov
Omaha Man Sentenced for Possession of Stolen ExplosivesRead the Press Release
United States Attorney Deborah R. Gilg announced that Travis McQueen, age 28 of Omaha, was sentenced today in Omaha by Chief United States District Judge Laurie Smith Camp to 63 months in federal prison followed by 3 years of supervised release. Mr. McQueen had previously pleaded guilty to one count of knowing possession of stolen explosives.
On August 11, 2011, one or more persons broke into storage units at the Buckley Powder Company in rural Cass County, Nebraska, and stole 100 pounds of blasting agent, 3,000 feet of detonating cord and two cases of boosters. A lengthy investigation into the matter eventually led investigators to place reward flyers in various locations in eastern Nebraska. An anonymous caller contacted authorities and suggested Travis McQueen might be involved. Investigators following up on the lead were able to determine that Mr. McQueen had been involved in disposing of the materials by throwing them into the Missouri river. Excavating equipment was brought in by the Bureau of Alcohol, Tobacco and Firearms and investigators were able to locate some of the materials. Investigators believe the bulk of the stolen materials were, in fact, thrown into the river.
The investigation of this matter was conducted by the Bureau of Alcohol, Tobacco and Firearms.
January Grand JuryRead the Press Release
United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 32 indictments charging 32 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Juan Torres-Martinez, age 36, is charged in a three-count indictment. Count I of the indictment charges Torres-Martinez with misuse of a Social Security Number on or about May 12, 2009. The maximum penalty for this count includes imprisonment of 5 years, a fine of $250,000, followed by a term of supervised release of 3 years, and a special assessment of $100. Count II of the indictment alleges on or about May 12, 2009, Torres-Martinez 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 for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. Count III charges that on or about May 12, 2009, Torres-Martinez misused a Social Security Card and a State of Kansas Identification Card knowing that said documents were not issued lawfully for his use. The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Gilberto Acero-Garcia, age 38, of Fremont, Nebraska, is charged in a three-count indictment. Count I of the indictment charges Acero-Garcia with misuse of a Social Security Number on or about December 4, 2012. The maximum penalty for this count includes imprisonment of 5 years, a fine of $250,000, followed by a term of supervised release of 3 years, and a special assessment of $100. Counts II and III charge that between on or about January 1, 2010, and up to and including January 16, 2013, and between January 1, 2011, and up to and including January 16, 2013, respectively, Acero-Garcia harbored illegal aliens in the United States for the purpose of commercial advantage and private gain, by employing the illegal aliens at DCS Sanitation Management, Inc. The maximum possible penalty for each count includes 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Cory D. Allemang, age 38, of Clearwater, Nebraska, is charged in a three count indictment. Counts 1 and 2 of the indictment charge that on or about December 13, 2011, and between on or about November 2, 2011, and on or about January 6, 2012; respectively, Allemang sold approximately 300 pounds of sausages and approximately 400 pounds of beef jerky, by representing that the meat products had been inspected by the United States Department of Agriculture (USDA), when in fact, the meat products had not been inspected or passed by the USDA. The maximum penalty for each of these counts include imprisonment of 3 years, a fine of $250,000, 1 year supervised release, and a special assessment of $100. Count 3 of the indictment charges that on or about February 3, 2012, Allemang represented that various deer meat products had been inspected and passed by USDA, when in fact, the deer meat products had not been inspected or passed by USDA. The maximum penalty for this count includes imprisonment of 1 year, a fine of $100,000, 1 year supervised release, and a special assessment of $100.
* Jossue Gabriel Alva-Perez, age 19, of LaVista, is charged in the first count of an indictment with production of child pornography on or about January 3, 2013. The maximum possible penalty for this count includes imprisonment of not less than 15 years or more than 30 years, a $250,000 fine, 5 years of supervised release, and a $100 special assessment. Count II charges Alva-Perez with receipt and distribution of child pornography from on or about October 18, 2012, and continuing through January 8, 2013. If convicted, the maximum possible penalty includes imprisonment of not less than 5 years or more than 20 years, a fine of $250,000, supervised release for life, and a $100 special assessment. Alva-Perez is charged in Count III with possession of child pornography from on or about January 14, 2013. The maximum possible penalty for this count includes imprisonment of 10 years, a $250,000 fine, supervised release for life, and a $100 special assessment.
* Margarito Banuelos-Muro, age 38, of Mitchell, Nebraska, is charged with illegal reentry into the United States on or about December 12, 2012, following deportation as an aggravated felon. The maximum possible penalty if convicted includes imprisonment of 20 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Alex M. Castro-Funes, age 24, is charged with distributing 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine on or about October 15, 2012. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment.
* Mayra Cortes-Flores, age 31, of Omaha, is charged in a two-count indictment. Count I of the indictment charges Cortes-Flores with misuse of a Social Security Number on or about August 31, 2010. The maximum penalty for this count includes imprisonment of 5 years, a fine of $250,000, followed by a term of supervised release of 3 years, and a special assessment of $100. Count II charges that on or about August 31, 2010, Cortes-Flores misused a Social Security Card and a Nebraska Identification Card knowing that said documents were not issued lawfully for his use. The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Arnoldo Agustin Escarsega Mendez, age 25, of Omaha, is charged with illegal reentry into the United States on or about January 9, 2013, following deportation as a felon. The maximum possible penalty if convicted includes imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Daniel Galindo, age 18, is charged in a two count indictment. The Indictment alleges that on or about October 29, and November 7, 2012, the defendant distributed 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine. The maximum possible penalty for each count includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment.
* Victor Garcia-Ochoa, age 32, also known as Eduardo Najera-Gonzalez, of Grand Island, Nebraska, is charged with illegal reentry into the United States on or about December 12, 2012, following deportation as an aggravated felon. The maximum possible penalty if convicted includes imprisonment of 20 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Edgar Faustino Gonzalez-Garcia, age 25, is charged with illegal reentry into the United States on or about January 14, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* William G. Hallowell, age 27, of Walthill, Nebraska, is charged in a one-count indictment. Count I alleges that on or about July 7, 2012, Hallowell broke into a residence in Walthill, Nebraska, within the Omaha Indian Reservation, with the intent to steal electronic equipment and other property. The maximum penalty includes imprisonment of 10 years, a fine of $250,000, 3 years supervised release, and a special assessment of $100.
* Marquis Harrington, age 44, of Omaha, is charged with one count of mail fraud from on or about February 1, 2008. The indictment alleges Harrington fraudulently obtained housing assistance from the Douglas County Housing Authority by submitting an application that intentionally misrepresented the number of children living with him, his income, and his place of residence. The maximum possible penalty for this count includes imprisonment of 20 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. Count II of the indictment charges that on or about February 29, 2008, Harrington made a false statement to HUD. Harrington made a false statement for the purpose of obtaining a loan and advance of credit from JP Morgan Chase Bank, with the intent that this loan and advance be offered and accepted by HUD for insurance. The maximum possible penalty for this count includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Jose Hernandez-Leon, age 24, of Columbus, Nebraska, is charged with illegal reentry into the United States on or about December 13, 2012, following deportation as an aggravated felon. The maximum possible penalty if convicted includes imprisonment of 20 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Andres Hernandez-Martinez, is charged in a three-count indictment. Count I of the indictment charges Hernandez-Martinez with misuse of a Social Security Number on or about October 3, 2012. The maximum penalty for this count includes imprisonment of 5 years, a fine of $250,000, followed by a term of supervised release of 3 years, and a special assessment of $100. Count II of the indictment alleges on or about October 3, 2012, Hernandez-Martinez 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 for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. Count III charges that on or about October 3, 2012, Hernandez-Martinez misused a Social Security Card and a State of Texas Identification Card knowing that said documents were not issued lawfully for his use. The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Victor Ibanez-Barragan, age 33, of Omaha, is charged in a two-count indictment. Count I of the indictment charges Ibanez-Barragan with misuse of a Social Security Number on or about June 28, 2011. The maximum penalty for this count includes imprisonment of 5 years, a fine of $250,000, followed by a term of supervised release of 3 years, and a special assessment of $100. Count II charges that on or about June 28, 2011, Ibanez-Barragan misused a Social Security Card knowing that said document was not issued lawfully for his use. The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Juan Jimenez-Ruiz, age 27, is charged in a three-count indictment. Count I of the indictment charges Jimenez-Ruiz with misuse of a Social Security Number on or about August 2, 2009. The maximum penalty for this count includes imprisonment of 5 years, a fine of $250,000, followed by a term of supervised release of 3 years, and a special assessment of $100. Count II of the indictment alleges on or about August 2, 2009, Jimenez-Ruiz 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 for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. Count III charges that on or about August 2, 2009, Jimenez-Ruiz misused a Social Security Card and a State of Kansas Identification Card knowing that said documents were not issued lawfully for his use. The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Luis Jordan, age 36, of Grand Island, is charged in a three count indictment. Counts I and II allege the defendant distributed 5 grams or more of actual methamphetamine on or about November 4, and November 8, 2011. The maximum possible penalty for each count includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment. Count III alleges that on or about October 20, 2012, the defendant possessed with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment.
* Ryan Keiter, age 25, of Lincoln, is charged in the first count of an indictment with receipt and distribution of child pornography from at least on or about October 24, 2008, and continuing to on or about April 13, 2012. If convicted, the maximum possible penalty includes imprisonment of not less than 5 years or more than 20 years, a fine of $250,000, supervised release for life, and a $100 special assessment. Keiter is charged in Count II with possession of child pornography from on or about April 13, 2012. The maximum possible penalty for this count includes imprisonment of 10 years, a $250,000 fine, supervised release for life, and a $100 special assessment. The indictment also alleges that property used or intended to be used as part of these violations should be forfeited to the United States.
* Christopher Lewis, is charged with possession with intent to distribute 5 grams or more of actual methamphetamine on or about November 5, 2012. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million 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 the indictment, including but not limited to $848.00 in United States currency seized from the defendant on November 5, 2012, should be forfeited to the United States.
* Carlos Linares-Valmores, age 27, is charged in a four-count indictment. Count I of the indictment charges Linares-Valmores with misuse of a Social Security Number on or about August 9, 2012. The maximum penalty for this count includes imprisonment of 5 years, a fine of $250,000, followed by a term of supervised release of 3 years, and a special assessment of $100. Count II of the indictment alleges on or about August 9, 2012, Linares-Valmores 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 for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. Count III charges that on or about August 9, 2012, Linares-Valmores misused a Social Security Card and a State of Iowa Identification Card knowing that said documents were not issued lawfully for his use. The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. Count IV of the indictment charges Linares-Valmores with illegal reentry into the United States on or about January 17, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Juan Luna-Ochoa, age 32, of Omaha, is charged with illegal reentry into the United States on or about December 14, 2012, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Darrin L. Mallatt, age 30, of Lincoln, is charged in the first count of an indictment with receipt and distribution of child pornography from at least on or about October 8, 2008, and continuing to on or about December 3, 2012. If convicted, the maximum possible penalty includes imprisonment of not less than 5 years or more than 20 years, a fine of $250,000, supervised release for life, and a $100 special assessment. Mallatt is charged in Count II with possession of child pornography from on or about December 3, 2012. The maximum possible penalty for this count includes imprisonment of 10 years, a $250,000 fine, supervised release for life, and a $100 special assessment.
* Omar Manuel-Marcial, age 24, of Omaha, is charged with illegal reentry into the United States on or about January 1, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Rolando Mejia-Mendez, age 25, of Wakefield, Nebraska, is charged with illegal reentry into the United States on or about November 7, 2012, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Ismael Pena-Velazquez, age 35, of Omaha, is charged with illegal reentry into the United States on or about December 14, 2012, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Nick Reams, age 55, of St Paul, Nebraska, is charged with possession with intent to distribute 5 grams or more of actual methamphetamine on or about August 24, 2012. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment.
* Ricardo Reyes, age 33, of Omaha, is charged in the first count of an indictment with receipt and distribution of child pornography from on or about October 11, 2012, and continuing through January 15, 2013. If convicted, the maximum possible penalty includes imprisonment of not less than 5 years or more than 20 years, a fine of $250,000, supervised release for life, and a $100 special assessment. Reyes is charged in Count II with possession of child pornography from on or before January 13, 2013. The maximum possible penalty for this count includes imprisonment of 10 years, a $250,000 fine, supervised release for life, and a $100 special assessment.
* Jose Roman-Felix, age 27, of Omaha, is charged with illegal reentry into the United States on or about January 4, 2013, following deportation as an aggravated felon. The maximum possible penalty if convicted includes imprisonment of 20 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Valentin Ruiz-Cajiga, age 28, is charged in a three-count indictment. Count I of the indictment charges Ruiz-Cajiga with misuse of a Social Security Number on or about September 6, 2012. The maximum penalty for this count includes imprisonment of 5 years, a fine of $250,000, followed by a term of supervised release of 3 years, and a special assessment of $100. Count II of the indictment alleges on or about September 6, 2012, Ruiz-Cajiga 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 for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. Count III charges that on or about September 6, 2012, Ruiz-Cajiga misused a Social Security Card and a State of Colorado Identification Card knowing that said documents were not issued lawfully for his use. The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Santiago J. Tijerina, also known as Jimmy Ostos or Samuel Jimmy Ostos, of Lexington, Nebraska, is charged with failure to register as a Sex Offender in the State of Nebraska from between April, 2012, and December 22, 2012. The maximum penalty for this count includes imprisonment of 10 years, a $250,000 fine, a term of supervised release for life, and a special assessment of $100.
* Todd Tingelhoff, age 46, of Omaha, is charged with possession with intent to distribute 50 grams or more of actual methamphetamine on or about December 27, 2012. The maximum possible penalty includes imprisonment of not less than 10 years and up to life years, a $10 million 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 the indictment, including but not limited to $800.00 in United States currency seized from the defendant’s wallet and $7,705.00 in United States currency seized from a lockbox in the defendant’s vehicle, should be forfeited to the United States.Four Nebraskans Indicted for Structuring Currency TransactionsRead the Press Release
United States Attorney Deborah R. Gilg and Tanya T. Brewer, Acting Special Agent in Charge of IRS Criminal Investigation, announced that four Nebraskans were indicted for structuring financial transactions in an effort to defeat legal reporting requirements imposed on financial institutions. “Structuring” refers to the manipulation of cash transactions for the purpose of preventing a financial institution from filing certain reports. For example, federal law requires financial institutions, credit unions, casinos and money service businesses to file a Currency Transaction Report with the Internal Revenue Service whenever a person deposits more than $10,000.00 in cash. The purpose of the law prohibiting structured deposits is to help identify suspicious cash transactions that might be indicative of other criminal activity. A person engaged in structuring might break up a cache of currency in excess of $10,000.00 into multiple deposits for the purpose of keeping the institution from filing the required report. The four individuals indicted by the Grand Jury, in separate and unrelated cases, are as follows:
Peter V. Bristol, age 51 of Omaha, is charged in a 13-count indictment. In Counts 1 through 12 it is alleged that on various dates from on or about May 8, 2009, through on or about April 24, 2011, Bristol structured financial transactions to evade reporting requirements when he made deposits in the amount of approximately $131,504.00 to Security National Bank. Count 13 charges Bristol with structuring financial transactions to evade reporting requirements when he conducted approximately 93 transactions from on or about February 2, 2009, to on or about November 12, 2012, to Security National Bank, in the amount of approximately $878,897.00.
Randy L. Evans, age 59 of Grand Island, is charged in a 15-count indictment. In Counts 1 through 14 it is alleged that on various dates from on or about March 29, 2010, through on or about December 27, 2011, Evans structured financial transactions to evade reporting requirements when he made deposits in the amount of approximately $210,381.00 to Five Points Bank. Count 15 charges Evans with structuring financial transactions to evade reporting requirements when he conducted approximately 449 transactions from on or about January 4, 2010, to on or about February 28, 2012, to Five Points Bank, in the amount of approximately $2,030,322.00.
Arturo W. Torres, age 35 of Bellevue, is charged in a three-count indictment. In Counts 1 and 2 it is alleged that on or about January 6, 2011, and February 24, 2011, respectively, Torres structured financial transactions to evade reporting requirements when he made deposits in the amount of approximately $19,360.00 to First National Bank. Count 3 charges Torres with structuring financial transactions to evade reporting requirements when he conducted approximately 177 transactions from on or about February 6, 2010, to on or about January 31, 2012, to the First National Bank of Omaha, in the amount of approximately $631,289. 00.
Irma Crispin-Gomez, age 41 of Grand Island, is charged in a 16-count indictment. In Counts 1 through 15 it is alleged that on various dates from on or about June 27, 2009, through on or about March 19, 2012, Crispin-Gomez structured financial transactions to evade reporting requirements when she made deposits in the amount of approximately $247,800.00 to Five Points Bank. Count 16 charges Crispin-Gomez with structuring financial transactions to evade reporting requirements when she conducted approximately 423 transactions from on or about January 5, 2009, through on or about March 30, 2012, to Five Points Bank and Wells Fargo Bank, in the amount of approximately $2,082,338.00.
All the counts in all four indictments are punishable by imprisonment of up to 5 years, a fine of up to $250,000.00, or both, to be followed by up to 3 years of supervised release, and a $100 special assessment.
“The structuring of currency is an avenue used by individuals and businesses to conceal the true source of their money,” said Tanya T. Brewer, Acting Special Agent in Charge of IRS Criminal Investigation. “Information from currency reports filed with the IRS provides a paper trail or roadmap for investigations of financial crimes and illegal activities.”
“Financial crimes, especially structuring, are oftentimes a method used to evade payment of taxes lawfully owed to the United States. We will continue to aggressively pursue these crimes in order to protect the millions of Americans that lawfully comply with our tax laws,” according to United States Attorney Deborah R. Gilg
An indictment is merely an accusation and the defendants are presumed innocent until and unless proven guilty.
Omaha Woman Sentenced in Spa Prostitution CaseRead the Press Release
United States Attorney Deborah R. Gilg announced that Kimberly A. Bivens, age 46, was sentenced today in Omaha by Chief United States District Judge Laurie Smith Camp to 37 months in federal prison followed by 3 years of supervised release. Ms. Bivens had previously pled guilty to one count of conspiracy to use facilities in interstate commerce to promote a business enterprise involving prostitution and to persuade an individual to travel in interstate commerce to engage in prostitution.
Kimberly Bivens managed or owned three spa locations during 2009 to October 24, 2011, in Omaha, Nebraska. She placed advertisements for each of the three spas on the internet. Each of the spas was, in fact, a front for prostitution. The majority of customers received sex acts from the workers, rather than legitimate spa services, in exchange for money. Some customers traveled to the spas from Iowa and from other states to obtain sex acts for money.
There were five or more participants operating and managing these three spa locations. During the time when Kimberly Bivens managed or owned these three spa locations, there were more than twenty workers providing commercial sex acts.
The investigation of this matter was conducted by the Federal Bureau of Investigation and the Omaha Police Department.Seward Woman Sentenced for EmbezzlementRead the Press Release
United States Attorney Deborah R. Gilg announced that Crystal Lankford was sentenced today by United States District Judge John M. Gerrard to 45 months in federal prison followed by 5 years of supervised release. Lankford was also ordered to make restitution in the amount of $635,998.56. In September, Crystal Lankford pled guilty to Embezzlement from a Federally Insured Credit Union.
Crystal Lankford was the sole employee, Manager and Treasurer of the H.B.E. Credit Union in Seward, Nebraska. From at least April 12, 2006, to September 20, 2011, Lankford began to write checks, drawn on the operating account of HBE at Union Bank and Trust, to herself and her husband, Steve Lankford without the approval or authorization of HBE Credit Union or its officers. The funds from the account represented the moneys, funds and credits of HBE. Lankford then deposited the money fraudulently obtained from the checks into her own checking account. Crystal Lankford continued to take money out the Credit Union in this unauthorized manner until October of 2011, when she quit the Credit Union. Records revealed that she knew that the HBE account at Union Bank had practically a zero balance at the time she quit. In all, she stole $635,998.56 from the Credit Union. The accounts and monies of the HBE Credit Union were insured by the National Credit Union Administration.
The investigation of this matter was conducted by the Nebraska State Patrol and Federal Bureau of Investigation.