June Grand Jury

United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 11 indictments charging 12 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.

*          Juan Arturo Bahena Arce, age 31, of Omaha,  is charged with illegal reentry into the United States on or about June 1, 2015, 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.

*          Ramiro Bautisa Martinez, age 37, of Omaha,  is charged with illegal reentry into the United States on or about May 21, 2015, 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.

*          Roberto Garcia Aquino, age 26, of Omaha,  is charged with illegal reentry into the United States on or about May 21, 2015, 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.

*          Rodrigo Jordan Gastelum-Flores, age 25, of San Ysidro, California, is charged with possession with intent to distribute 1 kilogram or more of a mixture containing heroin on or about June 7, 2015. The maximum possible penalty if convicted is 10 years to Life imprisonment, a $10,000,000 fine, a 5 year term of supervised release, and a $100 special assessment.

*          Ruben Hernandez-Arellano, age 39, of Fremont, is charged with illegal reentry into the United States on or about May 19, 2015, 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.

*          Joshua J. Just, age 38, of Funk, Nebraska, is charged in a two-count Indictment.  Count I of the Indictment charges the defendant with receipt of child pornography from on or about December 22, 2014, and continuing to on or about April 9, 2015.  The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, supervised release for Life, and a $100 special assessment.  Count II of the Indictment charges Just with possession of child pornography on or about April 9, 2015.   The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, supervised release for Life, and a $100 special assessment. The indictment also alleges any and all property, real or personal, that constitutes or is derived, directory or indirectly, as a result of the said violation, should be forfeited to the United States.

*          Rochelle L. Klug, age 29, of Niobrara, Nebraska, is charged with federal program theft.  The defendant was an agent of the Santee Indian Reservation Housing Authority and allegedly took cash from the Santee Housing Authority totaling more than $20,000.  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.

*          Paul D. Martin, age 45, of Kearney, is charged in a thirty-six count Indictment.  Counts 1–12 of the indictment charge the defendant with delivery of misbranded drugs on various dates from on or about August 23, 2013, and to on or about July 25, 2014.  The maximum possible penalty if convicted is 3 years  imprisonment, a $10,000, fine, a 1 year term of supervised release, and a $100 special assessment for each count.  Counts 13-24 of the Indictment charge Martin with mail fraud beginning as early as September 1, 2010, and continuing to July 30, 2014.  The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment for each count.  Counts 25-36 of the Indictment charge the defendant with wire fraud beginning as early as September 1, 2010, and continuing to July 30, 2014.  The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.

*          Zenia Miller, age 56, of Omaha and Home Care Services, Inc., Omaha, Nebraska, are charged in a seventeen-count Indictment.  Counts 1-10 of the Indictment charge the defendants with health care fraud from on or about September 1, 2012, and continuing until on or about September 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 for each count for defendant Miller and a $500,000 fine and $400 special assessment for Home Care Services, Inc.  Counts 11-17 of the Indictment charge  Miller and Home Care Services, Inc., with wire fraud from on or about September 1, 2012, and continuing until on or about September 30, 2014.  The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment for each count for defendant Miller and a $500,00 fine and $400 special assessment for each count for Home Care Services, Inc.  According to the indictment the defendants allegedly billed Medicaid for services that were never rendered.

*          Gerry L. Pierce, age 54, of Lincoln, is charged in a two-count Indictment.  Count I of the Indictment charges the defendant with receipt and distribution of child pornography from at least on or about November 30, 2013, to on or about April 7, 2015.  The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, supervised release for Life, and a $100 special assessment.  Count II of the Indictment charges Pierce with possession of child pornography from at least on or about November 30, 2013 to on or about February 18, 2015.   The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, supervised release for Life, and a $100 special assessment.

            The indictment also alleges any and all property, real or personal, that constitutes or is derived, directory or indirectly, as a result of the said violation, should be forfeited to the United States.

*          Juan C. Reyes-Ramos, age 31, of Omaha, is charged in a two-count Indictment.  Count I of the Indictment charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine and cocaine on or about October 14, 2013.  The maximum possible penalty if convicted is 10 years to 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 Reyes-Ramos with possession with intent to distribute a mixture containing methamphetamine on or about May 22, 2015.  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.  The indictment also alleges any and all property, that constitutes or is derived, from proceeds of the violations or used to facilitate the commission of the violations should be forfeited to the United States.