June Grand Jury

United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 29 indictments charging 33 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.

*          Mario Aguilar, age 44, of Council Bluffs, Iowa, is charged with illegal reentry into the United States on or about May 13, 2014, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.

*          Miguel Ajanel, age 32, of Grand Island, Nebraska, is charged with illegal reentry into the United States on or about May 21, 2014, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.

*          Mario Alvarado-Velasquez, age 59, of Omaha, is charged with illegal reentry into the United States on or about June 2, 2014, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.

*          Julio Balderas-Hernandez, age 27, of Omaha, is charged with illegal reentry into the United States on or about June 6, 2014, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.

*          Fulgencio Betancourt-Labra, age 28, of Omaha, is charged with illegal reentry into the United States on or about May 17, 2014, following deportation as a felon. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year team of supervised release, and a $100 special assessment.

*          Dionisio Browder, age 34, is charged in a two-count Indictment.  Count I of the Indictment charges the defendant with possession with intent to distribute 5 grams or more of methamphetamine on or about May 28, 2014. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment.  Count II of the Indictment charges Browder with distribution of a mixture or substance containing a detectable amount of methamphetamine on or about May 28, 2014.  The maximum possible penalty if convicted is 20 years imprisonment, a $1,000,000 fine, a 3 year term of supervised release, and a $100 special assessment. 

*          Leon Francis Duffey, age 62, of  Lake Worth, Florida, is charged in a two-count Indictment.  Count I of the Indictment charges the defendant with conspiracy to distribute and possess with intent to distribute less than 50 kilograms of a mixture or substance containing a detectable amount of marijuana from an unknown date but at least as early as November 28, 2013, and continuing to on or about November 29, 2013.  The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 2 year term of supervised release, and a $100 special assessment.   The indictment also alleges any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the violation alleged in the indictment, including but not limited to $79,000.00 in United States currency seized from the defendant’s vehicle on November 29, 2013, should be forfeited to the United States.

*          Juan Esparza-Gomez, age 39, of Omaha, is charged with illegal reentry into the United States on or about June 5, 2014, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.

*          Christpher H. Freemont, age 42, of Winnebago, Nebraska, is charged in a two-count Indictment.  Count I of the Indictment charges the defendant with domestic assault by a habitual offender on or about April 27, 2014.  The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.  Count II of the Indictment charges Freemont with assault resulting in substantial bodily injury on or about April 27, 2014.  The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.

*          Victor Galaviz-Calderon, age 62, of Grand Island, Nebraska, is charged with illegal reentry into the United States on or about May 20, 2014, following deportation as a felon. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year team of supervised release, and a $100 special assessment.

*          Evaristo Gabino Gonzalez, age 29, is charged in a two-count Indictment.  Count I of the Indictment charges the defendant with possession with intent to distribute 5 kilograms or more of a mixture or substance containing a detectable amount of cocaine on or about June 10, 2014.  The maximum possible penalty if convicted is Life imprisonment, a $10,000,000 fine, a 5 year term of supervised release, and a $100 special assessment.  Count II of the Indictment charges Gonzalez with possession with intent to distribute crack cocaine and possession with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine on or about June 10, 2014.  The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment. 

*          Lance L. Bartling, Jr., age 21; Jordan A. Gregory, age 23; Lavonte L. Prince, age 21; and Aaron R. Russell, age 23; all of Omaha, are charged in a multiple-count Indictment.  Count I of the Indictment charges the defendants with conspiracy to commit bank robbery on or about May 30, 2014.  The maximum possible penalty if convicted is 5 years imprisonment, a fine of $250,000, a 3 year term of supervised release, and a $100 special assessment.  Count II of the indictment charges the defendants with bank robbery of the Bank of Bennington, 15645 Spaulding Street, Omaha, Nebraska, on or about May 30, 2014.  The maximum possible penalty if convicted is 25 years imprisonment, a fine of $250,000, a 5 year term of supervised release, and a $100 special assessment.  Count III of the indictment charges the defendants with use of a firearm during the bank robbery of the Bank of Bennington on or about May 30, 2014.  The maximum possible penalty if convicted is 7 years consecutive to any other term of imprisonment, a fine of $250,000, a 5 year term of supervised release, and a $100 special assessment.  Count IV of the indictment charges Gregory with being a felon in possession of a firearm on or about May 30, 2014  The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.

*          Javier Guzman, age 37, of Omaha, is charged with illegal reentry into the United States on or about May 15,  2014, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.

*          Gregory I. Hunt, age 26, of Fremont, Nebraska, is charged with being a drug user in possession of a firearm on or about April 23, 2014.  The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, 3 year term of supervised release, and a $100 special assessment.

*          Rodrick Lockett, age 33, of Omaha, is charged with possession with intent to distribute 28 grams or more of a mixture or substance containing crack cocaine on or about May 18, 2014.  The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment.

*          Frederick Merrick, age 37, of Winnebago, Nebraska, is charged in a two-count Indictment.  Count I of the Indictment charges the defendant with possession of a mixture or substance containing a detectable amount of methamphetamine on or about January 19, 2014.    The maximum possible penalty if convicted is 10 years imprisonment, a $1,000,000 fine, a 1 year term of supervised release, and a $100 pecial assessment. Count II of the Indictment charges Merrick with possession with intent to distribute a mixture or substance containing a detectable amount of methamphetamine on or about April 26,  2014.  The maximum possible penalty if convicted is 20 years imprisonment, a $1,000,000 fine, a 3 year term of supervised release, and a $100 special assessment.

*          Jeffrey Negus, age 52, and Gregory Negus, age 58, both of Omaha, are charged with conspiracy to commit mail fraud and conspiracy to embezzle  from a health care benefit program, five counts of mail fraud and one count of theft from an employee healthcare plan.  The indictment alleges the defendants, in their capacities as owners and officers of Negus-Sons, Inc., and Netal, Inc., entered into construction contracts which included federally-funded prevailing wage provisions.  The construction contracts required payment of benefit contributions to employee pension and health benefit plans.  It is alleged the defendants failed to pay the employee benefit contributions in the approximate amount of $708,741.56, and instead used the money for other purposes.  It is alleged that in effort to conceal defendants’ failure to pay the employee benefit contributions, defendants directed the mailing of false and misleading payroll reports, which certified that the employee benefits were being made.  The maximum possible penalty if convicted of the conspiracy charge is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.  The maximum possible penalty if convicted of the mail fraud counts is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment for each count.  The maximum possible penalty if convicted of the theft charge is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release.

*          Jesus Olivares-Ulloa, age 49, of Grand Island, Nebraska, is charged with illegal reentry into the United States on or about May 20, 2014, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.

*          Pablo Augustine Pablo-Mateo, age 37, of  Grand Island, Nebraska, is charged with illegal reentry into the United States on or about January 16, 2014, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.

*          Ervin Ramirez-Rojas, age 27, is charged with illegal reentry into the United States on or about April 19, 2014, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.

*          Alix Ramirez-Salgero, age 31, of South Sioux City, Nebraska, is charged with illegal reentry into the United States on or about May 28, 2014, following deportation as a felon. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year team of supervised release, and a $100 special assessment.

*          Horacio Rivera-Urias, age 42, is charged with illegal reentry into the United States on or about March 11, 2014, following deportation as a felon. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year team of supervised release, and a $100 special assessment.

*          Sergio Jesus Rodriguez-Serrano, age 25, of Lexington, Nebraska, is charged with illegal reentry into the United States on or about May 26, 2014, following deportation as a felon. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year team of supervised release, and a $100 special assessment.

*          Tito Federico Silva-Bravo, age 29, of Omaha, is charged with illegal reentry into the United States on or about June 4, 2014, following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.

*          John Sutton, Jr., age 48, of Omaha, is charged with theft of Government funds from the Social Security Administration beginning on or about May 28, 2010, and continuing through on or about February 19, 2014, by receiving payments which he knew he was not entitled, having a value of approximately $37,967.00.  The maximum possible penalty if convicted is 10 years imprisonment, a fine of $250,000, a 3 year term of supervised release and a $100 special assessment. 

*          Efren Tiburcio-Garcia, age 36, of Fairbury, Nebraska, is charged with illegal reentry into the United States on or about April 13, 2014,  following deportation. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.

*          Randall W. Toothaker, age 57, of Lincoln, is charged with theft of Government property from the United States Department of Veteran Affairs on July 26, 2013.  The maximum possible penalty if convicted is 10 years imprisonment, a fine of $250,000, a 3 year term of supervised release and a $100 special assessment. 

*          David Joel Welch, age 63, of Omaha, is charged with theft of Government funds from the Social Security Administration beginning on or about May 1, 2011,  and continuing through on or about January 3, 2014, by receiving payments which he knew he was not entitled, having a value of approximately $34,877.00.  The maximum possible penalty if convicted is 10 years imprisonment, a fine of $250,000, a 3 year term of supervised release and a $100 special assessment. 

*          Norma Zunzunegui, age 71, of Omaha, is charged with theft of Government funds from the Social Security Administration beginning on or about November 1, 1987,  and continuing through on or about March 30, 2014, by receiving payments which she knew he was not entitled, having a value of approximately $174,643.20.  The maximum possible penalty if convicted is 10 years imprisonment, a fine of $250,000, a 3 year term of supervised release and a $100 special assessment.