May Grand Jury
United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 31 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.
* Samuel Bautista-Jimenez, age 32, is charged with illegal reentry into the United States on or before April 16, 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.
* Sigifredo Bustamante-Corral, age 46, is charged with illegal reentry into the United States on or about May 14, 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.
* John S. Clabaugh, Jr., age 67, of Lincoln, is charged in a 19-count indictment. Clabaugh, owner, officer, and operator of Clabaugh Agency, Inc., is charged in all 19 counts with failure to pay to the Internal Revenue Service the federal income taxes and the Federal Insurance Contributions Act taxes that were withheld from employees, for the quarters ending June 30, 2006, through December 31, 2010, for a total amount of approximately $135,330. The maximum possible penalty for each count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Patrick Clark, age 32, or Omaha, is charged in a two-count Indictment. Count I alleges that on or about July 10, 2007, Clark committed an Armed Robbery of a Kum & Go convenience store. 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. Count II of the Indictment charges Clark with use of a short-barreled shotgun in relation to this crime of violence on or about July 10, 2007. The penalty includes imprisonment for 10 years consecutive to any other term of imprisonment imposed on the first count of the indictment.
* James N. Coppock, age 47, of Omaha, is charged with failure to register as a Sex Offender in the State of Nebraska from on or about December 1, 2009, and continuing until May 7, 2012. 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.
* Julio Fierros-Ugarte, age 38, is charged with illegal reentry into the United States on or about April 20, 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.
* Mario Trejo Flores, age 37, of Denton, Nebraska, is charged with failing to appear for sentencing on December 16, 2011, after having pled guilty to a controlled substance offense carrying a term of imprisonment of 15 years or more. The maximum possible penalty for failing to appear includes imprisonment of not more than 10 years, a $250,000 fine, a 3 year term of supervised release and a $100 special Assessment.
* Ryan D. Freitag, age 27, of Ogallala, Nebraska, is charged in Count I of an indictment with production of child pornography on or about March 17, 2011. The maximum possible penalty for this count includes imprisonment of not less than 15 years or more than 30 years, a $250,000 fine, not less than 5 years to life of supervised release, and a $100 special assessment. Freitag is charged in Counts II and III with receipt and distribution of child pornography from on or about March 17, 2011, and from on and before March 29, 2012, respectively. If convicted, the maximum possible penalty for each count includes imprisonment of not less than 5 years or more than 20 years, a fine of $250,000, not less than 5 years to life of supervised release, and a $100 special assessment. Freitag is charged in Count IV with possession of child pornography from on and before April 12, 2012. The maximum possible penalty for this count includes imprisonment of 10 years, a $250,000 fine, not less than 5 years to life of supervised release, and a $100 special assessment.
* Pascual Garcia-Bernabe, age 36, is charged with illegal reentry into the United States on or about March 18, 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.
* Charles Hamilton, age 47, of Lincoln, is charged with failure to register as a Sex Offender in the State of Nebraska from at least on or about August 1, 2011, to on or about May 7, 2012. 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.
* Segundo Jauregui-Perez, age 33, of Council Bluffs, Iowa, is charged with illegal reentry into the United States on or about April 24, 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.
* Duane Kreikemeier, age 54, of West Point, Nebraska, is charged with passing a series of bad checks at the Heritage Gas Station/Native Star Casino, on the Winnebago Indian Reservation on or about November 21, 2009. The maximum possible penalty if convicted includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Timothy T. Lonowski, age 21, of Grand Island, is charged in a three count indictment. Count I alleges that beginning on or about August 2011, and continuing to on or about May 2012, the defendant conspired with others 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. Count II alleges that on or about August 8, 2011, the defendant distributed a mixture or substance containing a detectable amount of methamphetamine. The maximum possible penalty includes imprisonment of up to 20 years, a $1 million fine, a 5 year term of supervised release and a $100 special assessment. Count III alleges that on or about August 10, 2011, the defendant distributed 5 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.
* Leandro Lopez-Huerta, also known as Avelino Lopez Huerta, age 33, of Omaha, and Tomas Juarez-Lopez, age 29, of Bellevue, are charged in a five-count Indictment. Both defendants are charged in Count I with conspiracy in that the defendants obtained and used identifying information and photographs from customers to produce false Lawful Permanent Resident Cards and Social Security Cards in exchange for money from an unknown date, as early as in or about December 2011, through May 16, 2012. The maximum penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. In Count II, Lopez-Huerta and Juarez-Lopez are both charged with possession of a false Lawful Permanent Resident Card and a false Social Security Card from an unknown date, as early as in or about December 2011, through May 16, 2012. The maximum penalty for this count includes imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. In Counts III and IV, Juarez-Lopez is charged with possession of a counterfeit Lawful Permanent Resident Card and a Social Security Card on or about February 11, 2012, and on or about May 2, 2012, respectively. The maximum penalty for each of these counts includes imprisonment of 15 years, a fine of $250,000, 3 years of supervised release, and a $100 special assessment. In Count V, Lopez-Huerta is charged with possession of over five false identification documents, on or about May 16, 2012. The maximum penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. The indictment also alleges property derived from any proceeds the defendants obtained as a result of the violations, and all property used or intended to be used as part of these violations should be forfeited to the United States.
* Enrique Lopez-Ramirez, age 44, is charged with illegal reentry into the United States on or about April 30, 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.
* Miguel Lucas-Bernabe, age 45, of Crete, Nebraska, is charged with illegal reentry into the United States on or about April 30, 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.
* Omar Martinez, age 38, is charged with distributing 5 grams or more of actual methamphetamine on or about June 21, 2011. 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.
* Mario Martinez-Aguilar, age 36, is charged with illegal reentry into the United States on or about May 11, 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.
* Juan Montes-Gonzalez, age 62, is charged in a two-count Indictment. Count I charges Montes-Gonzalez with illegal reentry into the United States on or about February 24, 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. Count II charges that on or about February 24, 2012, Montes-Gonzalez used a Lawful Permanent Resident Card and a Social Security Card knowing that the documents were not issued lawfully for his use. The maximum possible penalty for this count includes imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Angel Peralta-Cardona, age 44, of Omaha, is charged with illegal reentry into the United States on or about April 12, 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.
* Alfredo Perez-Caballero, age 44, of South Sioux City, Nebraska, is charged with illegal reentry into the United States on or about April 5, 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.
* Nicholas H. Plachy, age 23, 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 April 17, 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. Plachy is charged in Count II with possession of child pornography from on or about April 17, 2012. The maximum possible penalty for this count includes imprisonment of 10 years, a $250,000 fine, supervised release for life, and a $100 special assessment. The indictment also alleges property derived from any proceeds the defendant obtained as a result of the violations, and all property used or intended to be used as part of these violations should be forfeited to the United States.
* Guadalupe Luis Sanchez, age 34, of Alliance, Nebraska, is charged with failure to register as a Sex Offender in the State of Nebraska from at least and about October 1, 2011, to on or about May 1, 2012. 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.
* Ted Sanchez, age 32, of Norfolk, Nebraska, is charged with failure to register as a Sex Offender in the State of Nebraska from on and before January 10, 2012. 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.
* Clinton Sandal, age 46, of Plattsmouth, and Brenda Dwyer, age 39, of Sioux Falls, South Dakota, are charged with possession 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.
* Royann L. Schmidgall, age 53, of Lincoln, is charged with 15 counts of wire fraud from on or about July 11, 2007, through on or about March 2, 2011. It is alleged that Schmidgall, employed as a Practice Administrator for Nebraska Pulmonary Specialists, LLC (NPS), caused to be transmitted by means of wire transmission in interstate commerce, directions on behalf of NPS to Paycom and Paychex to issue payment of money to herself, to which she was not entitled. The indictment alleges she caused improper payments to be made to herself on 164 occasions totaling approximately $695,523.30. 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 derived from the proceeds traceable to the offenses should be forfeited to the United States.
* Troy Smith, Jr., age 23, of Lincoln, is charged with failure to register as a Sex Offender in the State of Nebraska from at least and about December 31, 2011, to on or about April 4, 2012. 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.
* Samuel Vasquez-Barreno, age 31, of Omaha, is charged with illegal reentry into the United States on or about May 2, 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.
* Ricardo Vega-Dominguez, age 25, is charged with illegal reentry into the United States on or about May 24, 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.
* Wisdom P. Webster, age 28, of Macy, Nebraska, is charged in a two-count Indictment. Count I charges the defendant with assault with a dangerous weapon on or about January 7, 2012. The maximum possible penalty on this count includes imprisonment of 10 years, a fine of $250,000, followed by 3 years of supervised release, and a $100 special assessment. Count II charges Webster with assault causing serious bodily injury on or about January 7, 2012. The maximum penalty 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.
* Anthony Whitewater, age 19, of Winnebago, Nebraska, is charged in a two-count Indictment. Count I charges the defendant with assault with a dangerous weapon on or about April 21, 2012. The maximum possible penalty on this count includes imprisonment of 10 years, a fine of $250,000, followed by 3 years of supervised release, and a $100 special assessment. Count II charges Whitewater with assault causing serious bodily injuries on or about February 21, 2012. The maximum penalty 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.
