United States V. Russell Wasendorf, Sr.
Information regarding this case will be posted on this website as it becomes available.
UPDATES
Posted January 31, 2013: The sentencing hearing in this case was held at 9 a.m. on Thursday, January 31, 2013, in Cedar Rapids, Iowa. Chief Judge Linda R. Reade sentenced Russell Wasendorf, Sr. to 600 months (50 years) in prison, followed by a three-year term a term of supervised release. He was ordered to pay restitution in the amount of $215,530,041.39 and a Special Assessment of $400.
There is no parole in the federal system. For victim information regarding the Bureau of Prison, please review the pamphlet, “Information about the Federal Bureau of Prisons (BOP) for Crime Victims.” For additional information regarding the Bureau of Prison’s programs and facilities, go to www.bop.gov.
Wasendorf remains in custody. If you have any questions please contact Shari Konarske, Victim-Witness Coordinator at shari.konarske@usdoj.gov.
Posted January 15, 2013: The sentencing date in this case has been set for 1/31/2013 at 09:00 AM. This hearing will be held at 111 7th Avenue SE, Courtroom 1, 2nd Floor, before Chief Judge Linda R Reade. Russell Wasendorf, Sr. remains in custody pending sentencing. Victims wishing to attend the sentencing hearing and/or address the Court during the hearing are requested to contact Shari Konarske, Victim-Witness Coordinator, so that appropriate arrangements can be made. Contact Ms. Konarske at shari.konarske@usdoj.gov or (319) 363-6333. Media interested in seating in the courtroom should contact Robert Phelps, Clerk of Court, at (319) 286-2311.
Posted November 5, 2012:
NOTICE TO VICTIMS ABOUT SUBMITTING VICTIM IMPACT STATEMENTS
(click here to access Victim Impact Statement Form)
On October 3, 2012, Chief Judge Linda R. Reade accepted Russell Wasendorf, Sr.’s (defendant) pleas of guilty to one count of mail fraud, one count of embezzlement, one count of making false statements to the U.S. Commodity Futures Trading Commission (CFTC), and one count of making false statements to a futures association. These offenses are punishable as follows:
Mail Fraud - (1) up to 20 years’ imprisonment without the possibility of parole; (2) a fine equal to the greater of twice the gross gain to defendant resulting from the offense, twice the gross loss resulting from the offense, or $250,000; (3) a mandatory special assessment of $100; and (4) a term of supervised release of up to three years.
Embezzlement - (1) up to 10 years’ imprisonment without the possibility of parole; (2) a fine equal to the greater of twice the gross gain to defendant resulting from the offense, twice the gross loss resulting from the offense, or $1,000,000; (3) a mandatory special assessment of $100; and (4) a term of supervised release of up to three years.
Making False Statements to the CFTC - (1) up to 10 years’ imprisonment without the possibility of parole; (2) a fine of up to $1,000,000; (3) a mandatory special assessment of $100; and (4) a term of supervised release of up to three years.
Making False Statements to a Futures Association - (1) up to 10 years’ imprisonment without the possibility of parole; (2) a fine of up to $1,000,000; (3) a mandatory special assessment of $100; and (4) a term of supervised release of up to three years.
Aggregate of all four counts - (1) up to 50 years’ imprisonment without the possibility of parole; (2) a fine equal to the greater of twice the gross gain to defendant resulting from the offense, twice the gross loss resulting from the offense, or $3,250,000; (3) a mandatory special assessment of $400; and (4) a term of supervised release of up to three years.
A United States Probation Officer will prepare a presentence report which will include, among other things, the details of these offenses, the impact of the offenses on any identified victims, and the defendant's criminal and social history.
A “Victim Impact Statement” form is available on this website. If you believe you are a victim of one or more of these crimes, you are invited to fill out this form to inform the Court of how you were financially, socially, psychologically, and/or medically impacted by these offenses. Please include any compensation that you may have already received, along with the name and contact information of the person or company providing the compensation. Please also include any receipts or documentation that substantiates your loss.
Victim impact information is generally not public information; however, under criminal law and procedures, all substantive information contained in your questionnaire will be disclosed to the defendant and his attorney.
If you choose to submit a form, please forward it to: United States Attorney’s Office, Northern District of Iowa, 111 7th Avenue SE, Box 1, Cedar Rapids, IA 52401. You may also scan and e-mail your completed form to Shari.Konarske@usdoj.gov.
Please submit your completed form no later than November 30, 2012. Thank You.
(click here to access Victim Impact Statement Form)
Posted October 10, 2012: On October 9, 2012, Chief Judge Linda R. Reade granted the government’s motion and ordered Russell Wasendorf, Sr. detained pending sentencing.
Posted October 4, 2012: On October 3, 2012, Chief Judge Linda R. Reade accepted the Report and Recommendation of Chief Magistrate Judge Jon S. Scoles and accepted Russell Wasendorf, Sr. plea of guilty to the charges set out in the Information that was filed on September 14, 2012. (See posting below to read the Information). Russell Wasendorf, Sr. remains in custody pending a decision from the District Court as to whether he should be released pending sentencing. A sentencing date will be set after a presentence report is prepared.
Posted September 18, 2012: On September 17, 2012, Russell Wasendorf, Sr. pleaded guilty before Chief Magistrate Judge Jon S. Scoles to the charges set out in the Information that was filed on September 14, 2012. (See posting below to read the Information). The guilty plea was pursuant to a plea agreement with the government. After the hearing, Judge Scoles filed a Report and Recommendation, recommending that the guilty plea be accepted by the District Court. The parties have fourteen (14) days to file any objections to the report. Russell Wasendorf, Sr. remains in custody pending a decision from the District Court as to whether he should be released pending sentencing. A sentencing date will be set after a presentence report is prepared.
(click here to see the plea agreement)
Posted September 14, 2012: On September 14, 2012, an Information was filed charging Russell Wasendorf, Sr. with one count of Mail Fraud (18 U.S.C. § 1341), one count of Embezzlement of Customer Funds (7 U.S.C. § 13(a)(1)), one count of False Statements to the CFTC (7 U.S.C. § 13(a)(3)) and one count of False Statements to a Futures Association (7 U.S.C. § 13(a)(4)) For additional information please read the entire document.
(click here to read the Information)
Posted September 14, 2012: On September 13, 2012, Magistrate Judge Jon S. Scoles entered an order regarding detention and scheduling a Change of Plea Hearing for September 17, 2012 at 2:30 PM to be held at the U.S. District Courthouse, Federal Building, 4200 C St. SW, Cedar Rapids, Iowa, Courtroom 2. Please see the order for additional details and information.
(click here to read the entire order)
Posted September 7, 2012: On September 7, 2012, Magistrate Judge Jon S. Scoles scheduled a detention hearing in the case of United States v. Russell Wasendorf, Sr. This hearing is scheduled for September 11, 2012 at 2:30 p.m. to be held at the U.S. District Courthouse, Federal Building, 4200 C St. SW, Cedar Rapids, Iowa. Wasendorf will remain detained pending the outcome of this hearing.
Posted August 17, 2012: On August 17, 2012, Russell Wasendorf, Sr. appeared in federal court in Cedar Rapids, Iowa, before Chief Magistrate Judge Jon S. Scoles and was arraigned on an indictment returned on August 13, 2012. Wasendorf pled not guilty all charges in the indictment. The case has been assigned to Chief United States District Judge Linda R. Reade and trial has been scheduled to begin in Cedar Rapids sometime during the two-week period beginning October 15, 2012. A status conference has been scheduled for 12:00 p.m. on September 19, 2012, before Chief Magistrate Judge Jon S. Scoles at the U.S. District Courthouse, Federal Building, 4200 C St. SW, Cedar Rapids, Iowa.
Posted August 14, 2012: On August 13, 2012, the federal grand jury in the Northern District of Iowa returned an indictment charging Russell Wasendorf, Sr. with 31 counts of Making and Using False Documents in violation of 18 U.S.C. § 1001(a)(3). Arraignment on these charges is scheduled for August 17, 2012, at 11:00 a.m. This hearing will be held at the U.S. Courthouse, 4200 C St SW, Building B, Courtroom 2, Cedar Rapids, IA, before Chief Magistrate Judge Jon S. Scoles.
Posted July 26, 2012 - On July 26, 2012, Magistrate Judge Leonard T. Strand granted the defense’s motion to cancel the detention and waiver of the preliminary hearing in the case of United States v. Russell Wasendorf, Sr. Wasendorf is still detained.
Posted July 18, 2012 - On July 18, 2012, Magistrate Judge Jon S. Scoles granted the defense’s motion to continue the detention and preliminary hearing in the case of United States v. Russell Wasendorf, Sr. These hearings have been rescheduled for Friday, July 27, 2012, at 10:00 a.m. to be held at the U.S. District Courthouse, Federal Building, 4200 C St. SW, Cedar Rapids, Iowa. Wasendorf will remain detained pending the outcome of this hearing.
Posted July 16, 2012 - United States v. Russell Wasendorf, Sr., 12 MJ 131, is assigned to United States Magistrate Judge Jon S. Scoles. On July 11, 2012, a Criminal Complaint was filed in federal court in the Northern District of Iowa charging Russell Wasendorf, Sr., with making and using false statements in a matter within the jurisdiction of the government of the United States. (18 U.S.C.§ 1001(a)(1)&(3)).
On July 13, 2012, at 4:00 p.m., an initial appearance was held in this case. At that time Russell Wasendorf, Sr., appeared in court. Judge Scoles scheduled a preliminary hearing and detention hearing for Wednesday, July 18, 2012, at 2:30 p.m. at the U.S. District Courthouse, Federal Building, 4200 C St. SW, Cedar Rapids, Iowa. Wasendorf was ordered detained pending the hearing on Wednesday.
Shari Konarske
Victim-Witness Coordinator
United States Attorney’s Office
111 7th Ave SE, Box #1
Cedar Rapids, IA 52401
