Grand Jury - July 2021

Omaha Man Charged with COVID Relief Program Related Bank Fraud

Acting United States Attorney Jan Sharp announced that the federal Grand Jury for the District of Nebraska has returned a one-count Indictment charging M.A. Yah with Bank Fraud in connection with a loan application to the Paycheck Protection Program. The maximum possible penalty if convicted is 30 years’ imprisonment, a $1,000,000 fine, a 5-year term of supervised release, and a $100 special assessment. The Indictment is a charging document that contains one count that is merely accusation, and every defendant is presumed innocent unless and until proven guilty.

In May, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

This case was investigated by the Federal Bureau of Investigation.

            Acting United States Attorney Jan Sharp announced the federal Grand Jury for the District of Nebraska has returned 20 unsealed Indictments charging 23 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.

*          Carlos Astorga Torres, age 27, of Hastings, Nebraska, is charged with distribution and possession with intent to distribute 500 grams or more of Methamphetamine on or about March 23, 2021.  The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment. 

*          Larry D. Brooks, age 59, of Omaha, is charged with possession with intent to distribute 50 grams or more of Methamphetamine (actual) on or about February 6, 2021.  The maximum possible penalty if convicted is life imprisonment, $20,000,000 fine, a ten-year term of supervised release, $100 special assessment. 

*          Kimberly Brummett, age 58, of Elkhorn, Nebraska, is charged in a fourteen-count Indictment. Counts I through XIV charge Brummett with wire fraud on or about August 4, 2016 and continuing through on or about October 4, 2019.  The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment for each count. 

*          Brooks L. Duester, age 43, is charged in a six-count Indictment. Counts I through VI charge Duester with bank fraud on or about February 21, 2017 and continuing through on or about September 19, 2019.  The maximum possible penalty if convicted is 30 years’ imprisonment, a $1,000,000 fine, a five-year term of supervised release, and a $100 special assessment for each count.  

*          MacAnthony Gordon a/k/a Mactony Gordon, age 35, of Omaha, is charged with possession of a firearm by a prohibited person on or about April 4, 2021.  The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment. 

*          Tia Hall, age 37, of Falls City, Nebraska, is charged in a two-count Indictment.  Counts I and II charge Hall with receipt and possession of an unregistered firearm on or about July 8, 2020 and continuing to on or about July 9, 2020.  The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment. 

*          Balmore Hernandez-Castro, age 23, and Santos Rosendo Hernandez, age 43, both of Lincoln, Nebraska, are charged in a two-count Indictment.  Count I charges Hernandez-Castro and Rosendo Hernandez with assault on a federal officer on or about July 12, 2021.  The maximum possible penalty if convicted is 20 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment.  Count II charges Hernandez-Castro with assault on a second federal officer on or about July 12, 2021.  The maximum possible penalty if convicted is 20 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment. 

*          Delyahn R. Hill, age 23, is charged in a three-count Indictment. Count I charges Hill with robbery of personal property of the United States on or about June 15, 2021.  The maximum possible penalty if convicted is 15 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment.  Count II charges the defendant with brandishing a firearm during a crime of violence on or about June 15, 2021.  The maximum possible penalty if convicted is life imprisonment, $250,000 fine, a five-year term of supervised release, and a $100 special assessment. Count III charges the defendant with felon in possession of a firearm on or about June 15, 2021.  The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, $100 special assessment.

*          Morgan L. Howard age 27, of Omaha, is charged in a four-count Indictment. Count I charges Howard with possession with intent to distribute one gram or more of LSD on or about February 4, 2021.  The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, $100 special assessment.  Count II charges the defendant with possession of a firearm in furtherance of a drug trafficking crime on or about February 4, 2021.  The maximum possible penalty if convicted is life imprisonment, $250,000 fine, a five-year term of supervised release, and a $100 special assessment.  Count III charges the defendant with possession with intent to distribute Cocaine on or about February 4, 2021.  The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, a three-year term of supervised release, $100 special assessment.  Count IV charges the defendant with felon in possession of a firearm on or about February 4, 2021.  The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment.

*          Anton Johnson, age 51, of Bellevue, Nebraska, is charged with failure to register as a sex offender after traveling in interstate commerce on or about June 7, 2021 and continuing to on or about June 21, 2021.  The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, life term of supervised release, and a $100 special assessment. 

*          Kashaun L. Lockett, age 36, Gary Lockett, age 37, and Robert Culberson, age 43, are charged in a six-count Indictment. Count I charges Kashaun Lockett, Gary Lockett, and Culberson with conspiracy to distribute and possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about October 1, 2020 and continuing to on or about June 14, 2021.  The maximum possible penalty if convicted is life imprisonment, $20,000,000 fine, a ten-year term of supervised release, $100 special assessment.  Count II charges the defendants with possession with intent to distribute 50 grams or more of methamphetamine on or about April 30, 2021.  The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, $100 special assessment.  Count III charges the defendants with possession with intent to distribute 50 grams or more of Methamphetamine on or about May 25, 2021.  The maximum possible penalty if convicted is life imprisonment, $8,000,000 fine, an eight-year term of supervised release, $100 special assessment.  Count IV charges the defendants with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about June 14, 2021.  The maximum possible penalty if convicted is life imprisonment, $20,000,000 fine, a ten-year term of supervised release, $100 special assessment.  Count V charges the defendants with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about June 14, 2021.  The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment.  Count VI charges Gary Lockett and Culberson with use and possession of a firearm in furtherance of a drug trafficking crime on or about June 14, 2021.  The maximum possible penalty if convicted is life imprisonment, $250,000 fine, a five-year term of supervised release, and a $100 special assessment.

*          Steven A, Malechek, age 47, is charged in a four-count Indictment. Count I charges Malechek with possession with intent to distribute 50 grams or more of methamphetamine on or about May 19, 2021.  The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, $100 special assessment.  Count II charges the defendant with possession of a firearm in furtherance of a drug trafficking crime on or about May 19, 2021.  The maximum possible penalty if convicted is life imprisonment, $250,000 fine, a five-year term of supervised release, and a $100 special assessment.  Count III charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about May 28, 2021.  The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment.  Count IV charges the defendant with possession of a firearm in furtherance of a drug trafficking crime on or about May 28, 2021.  The maximum possible penalty if convicted is life imprisonment, $250,000 fine, a five-year term of supervised release, and a $100 special assessment.  There is also an allegation to forfeit United States currency seized on or about May 19, 2021 and May 28, 2021.

*          Mike Akeen Obed, age 21, of Sioux City, Iowa, is charged with robbery of Siouxland Federal Credit Union on or about June 11, 2021.  The maximum possible penalty if convicted is 20 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment. 

*          Juan Ramirez Heredia, age 20, is charged in a two-count Indictment. Count I charges Ramirez Heredia with distribution of 10 grams or more of fentanyl on or about June 2, 2021.  The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, $100 special assessment.  Count II charges the defendant with distribution of 10 grams or more of fentanyl on or about June 7, 2021.  The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, $100 special assessment

*          Bartolo Roman-Tapia, age 22, is charged possession with intent to distribute 500 grams or more of methamphetamine on or about June 22, 2021.  The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment. 

*          Isidro Romero-Encarnacion, age 38, is charged with illegal reentry after deportation on or about June 29, 2021.  The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.

*          Matthew Rosener, age 39, is charged with failure to register as a sex offender on or about June 15, 2020 and continuing to on or about May 26, 2021.  The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, life term of supervised release, and a $100 special assessment. 

*          Jose Maria Salazar, age 20, of West Point, Nebraska, is charged in a four-count Indictment. Count I charges Salazar with conspiracy to distribute and possession with intent to distribute 500 grams or more of methamphetamine on or about April 7, 2021 and continuing to on or about May 4, 2021.  The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment.  Count II charges the defendant with distribution of 500 grams or more of methamphetamine on or about April 19, 2021.  The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment.  Count III charges the defendant with distribution of 50 grams or more of methamphetamine on or about May 4, 2021.  The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, $100 special assessment.  Count IV charges the defendant with possession with intent to distribute 500 grams or more of methamphetamine on or about May 4, 2021.  The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment.

*          Edward Smith, age 21, of Omaha, is charged with possession of firearm by a prohibited person on or about May 21, 2021.  The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment. 

*          Jose Luis Vergaro-Jimenez, age 50, is charged with reentry of a removed alien after having been convicted of a felony on or about September 1, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.