District of Nebraska

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.

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.”

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.

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. 

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.

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.

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.

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.   

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.

            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

            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.

            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.

*          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.

*          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.

            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.

            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.

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.

United States Attorney Deborah R. Gilg announced that Jason Bielicki was sentenced today by United States District Judge John M. Gerrard to 84 months in federal prison followed by 5 years of supervised release after entering a guilty plea to one count of Receipt and Distribution of Child Pornography.

Beginning in July, 2011, and continuing into September, 2011, an investigator with the North Platte Police Department used automated software to determine that a computer utilizing a specific IP address was sharing child pornography through the Internet.  A search warrant was obtained for the search of the residence of Bielicki in North Platte.  During an interview, Bielicki initially said that he was downloading items to report to others but then admitted to viewing, possessing, and sharing images and videos of child pornography.

A forensic examination of the computers and related storage media revealed over 110 GB of items that were believed to be child pornography and child erotica.  Over 2,100 items were sent to the National Center for Missing and Exploited Children for identification. NCMEC identified victims in 96 videos and 105 digital images to be from outside the State of Nebraska.  The material found included videos and digital images of graphic sexually explicit conduct and prepubescent minors engaged in sexually explicit conduct.  Some of the images were received by the defendant from at least on or about June 1, 2011, to October 31, 2011.  In addition, Bielicki indicated to agents during the interview that he was a moderator for at least one bulletin board website that allowed individuals to upload images and videos of sexually explicit conduct, including child pornography.

The investigation of this matter was conducted by the North Platte Police Department and the Department of Homeland Security, Homeland Security Investigations.

United States Attorney Deborah R. Gilg announced that on January 7, 2013, Tiffany Lynn Lafond, 37, of Lincoln, was sentenced to ten years (120 months) in federal prison for her involvement in a conspiracy to distribute and possess with intent to distribute methamphetamine between June of 2010 and March of 2012.  Information provided to law enforcement indicated that  Lafond was responsible for the distribution of at least 500 grams (approximately 18 ounces) of methamphetamine during that time frame in the Lincoln area.

Following the prison term, Lafond will serve five 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.

United States Attorney Deborah R. Gilg announced that on January 7, 2013, Ledon Marcel Hatcliff, 27, of Lincoln, was sentenced to 15 years and eight months (188 months) in federal prison for his involvement in a conspiracy to distribute and possess with intent to distribute methamphetamine between June of 2009 and February of 2011.  Information provided to law enforcement indicated that  Hatcliff was responsible for the distribution of at least 350 grams (approximately 12 ½ ounces) of methamphetamine during that time frame in the Lincoln area.

Following the prison term, Hatcliff will serve four 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.

United States Attorney Deborah R. Gilg announced that Steven D. Fonder, age 33 of Omaha, was sentenced in United States District Court in Omaha for receiving and possessing child pornography.  The Honorable Laurie Smith Camp, Chief Judge sentenced Fonder to 84 months imprisonment on Count I for receiving and distributing child pornography and 84 months on Count II for possessing child pornography.  The sentences were ordered to run concurrently to each other. There is no parole in the federal system.  After his release from prison Fonder will be on supervised release for ten years and will be required to register as a sex offender.

On September 13, 2011 an Investigator with the Nebraska State Patrol was conducting an undercover investigation looking for individuals sharing child pornography on the internet.  The information developed through the investigation was used to obtain a federal search warrant.

On April 4, 2012 agents with the FBI Omaha Cyber Crimes Task Force served a search warrant on Fonder’s South Omaha residence.  Forensic analysis of the computer revealed 1,250 videos and 40,000 images of child pornography.  The children depicted in sexually explicit conduct ranged from infants to teens.  Fonder admitted to collecting child pornography over a six year period.

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

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.