United States Attorney Joe Kelly announced that Juan Pablo Sanchez-Delgado and his wife, Magdalena Castro-Benitez were sentenced today, November 27, 2019, by Chief United States District Court Judge John M. Gerrard for their roles in a conspiracy to harbor illegal aliens across north central Nebraska.  Chief Judge Gerrard described the conspiracy as “one of the most egregious financial crimes,” that he had seen before sentencing Sanchez-Delgado to the maximum allowable time by statute, 120 months in federal prison.  The Court also sentenced Sanchez-Delgado to a $150,000 fine and approved a preliminary order of forfeiture based on ICE seizures of over $130,000 in cash along with 3 Las Vegas residences owned by both Sanchez-Delgado and Castro-Benitez.   The residences have an estimated worth in excess of 1.5 million dollars.  Castro-Benitez was sentenced to 30 months in federal prison for serving as Sanchez Delgado’s “money manager.”   Both defendants were ordered to serve a term of three years of supervised release each to follow their respective terms of imprisonment.

The conspiracy as a whole resulted in hundreds of undocumented workers being harbored and financially exploited by Sanchez-Delgado and his wife for years leading up to their arrests by Homeland Security Investigations on August 8, 2018.  Several of the workers testified at a recent trial that Sanchez-Delgado was wrongfully taking money from their paychecks, not paying them for all of the hours they worked, and indicated that Sanchez-Delgado would take income tax withholdings and Social Security and Medicare withholdings form their paychecks but not actually pay that money in to state and federal taxation authorities.  Another worker testified that Sanchez-Delagdo charged him $300 a month for utilities for a one bedroom apartment because the worker could not get the utilities in his own name.  Some workers were not paid their wages at all, and all of the workers were charged money to cash their checks at Sanchez-Delgado’s grocery store, where they were also forced to buy food from him.  At the same time that undocumented workers were being defrauded, Sanchez-Delgado and his wife, Castro-Benitez, were acquiring expensive homes in Las Vegas with the proceeds of the harboring scheme and hoarding cash generated by the conspiracy at their various residence and business locations.

Sanchez-Delgado and his wife conducted over 9 million dollars in financial transactions with the money generated by this conspiracy, and they received over 5 million dollars from labor contracts with agricultural businesses like O’Neill Ventures, LLC, the first company to partner with Sanchez-Delgado at the inception of this conspiracy and a tomato plant located in O’Neill, Nebraska.  A human resources officer for the tomato plant, Mayra Jimenez, was recently convicted by a jury at trial for her own participation in the conspiracy and for her efforts to aid Sanchez-Delgado in harboring undocumented workers at the plant.  Corporate emails admitted at trial revealed that Jimenez was aware that Sanchez-Delgado was not paying in taxes on his workers to government authorities and that his workers were likely paid less than lawful workers at the plant.

The victims will be allowed additional time to provide the United States Attorney’s Office and the Court with the money owed to them as restitution for these crimes, and Chief Judge Gerrard will determine the final restitution to be paid to the workers on a future date.

This case was investigated by Immigration and Customs Enforcement and Homeland Security Investigations.

United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 22 indictments charging 26 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.

*          Jose Angel Aguilera Campos, age 64, is charged with illegal reentry after deportation on or about April 11, 2019, following an aggravated felony conviction.  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. 

*          Phillip M. Brown, age 40, of Grand Island, Nebraska, is charged in a two-count Indictment.  Count I charges the defendant with felon in possession of a firearm on or about December 13 and December 14, 2018. 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.  Count II charges the defendant with possession of a stolen firearm on or about December 13 and December 14, 2018. 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.

*          Jeremiah Joseph Burkhart, age 38, of Lincoln, and Anna J. Chernyy, age 23, of Lincoln, are charged in a three-count Indictment.  Count I charges the defendants with conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine from January 30, 2019 and continuing through April 2, 2019.  The maximum possible penalty if convicted is NLT 10 years’ imprisonment, NMT $10,000,000 fine, NTL 5-year term of supervised release, and a $100 special assessment.  Count II charges Chernyy with felon in possession of a firearm on or about April 2, 2019. The maximum possible penalty if convicted is 5 years’ consecutive imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.  Count III charges Burkhart with felon in possession of a firearm on or about March 13, 2019. The maximum possible penalty if convicted is 5 years’ consecutive imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.

*          Marco Cahuec Ortiz, age 44, is charged with illegal reentry after deportation from on or about April 16, 2019.  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.

*          Melissa Carmona Valenzuela, age 24, of Houston, Texas, and Jose Munoz Perdomo, age 23, of Bronx, New York, are charged in a six-count Indictment.  Count I charges both defendants with conspiracy to commit Wire Fraud beginning on or about February 14, 2019, and continuing to on or about February 27, 2019.  The Indictment alleges the defendants defrauded Verizon Wireless to obtain money and property by means of materially false and fraudulent pretenses. The maximum possible penalty if convicted of Count I is 20 years’ imprisonment for each count, a $250,000 fine for each count, a 3-year term of supervised release for each count, and a $100 special assessment for each count.  Counts II & III charge Valenzuela with Wire Fraud on or about February 27, 2019.  The Indictment alleges Valenzuela defrauded Verizon Wireless to obtain money and property by means of materially false and fraudulent pretenses.  The maximum possible penalty if convicted of Counts II & III is 20 years’ imprisonment for each count, a $250,000 fine for each count, a 3-year term of supervised release for each count, and a $100 special assessment for each count.  Count IV charges Valenzuela with Producing, Using, or Trafficking in a Counterfeit Access Device from on or about February 14, 2019 to on or about February 27, 2019.  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.  Counts V & VI charge Valenzuela with Using or Trafficking in an Unauthorized Access Device from on or about February 14, 2019 to on or about February 27, 2019.  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.   

*          Roberto Chaires-Granados, age 66, is charged with illegal reentry after deportation from on or about March 18, 2019.  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.

*          Renee L. Coats, age 56, of Hastings, Nebraska, is charged in a three-count Indictment.  In Counts I–III the defendant is charged with Theft of US Mail by Postal Employee on or about September 20, 2018 continuing through October 18, 2018.  The maximum possible penalty if convicted is 5 years’ imprisonment on each count, a $250,000 fine on each count, a 3-year term of supervised release on each count, and a $100 special assessment per count.

*          Timothy Columbare, age 37, of Mansfield, Massachusetts, is charged with interference with  Southwest Airlines flight crew members and attendants on or about March 19, 2019.  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.

*          Dragen Flores Cortes, age 25, is charged with illegal reentry after deportation from on or about April 9, 2019.  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.

*          Mathew S. Goad, age 33, of North Platte, Nebraska, and Cory D. Preitauer, age 28, of North Platte, Nebraska, are charged in a five-count Indictment.  Count I charges the defendants with conspiracy to produce child pornography beginning on or about June, 2018 and continuing until on or about September, 2018. The maximum possible penalty if convicted is 30 years’ imprisonment, a $250,000 fine, Life term of supervised release, a $100 special assessment.  Count II charges the defendants with production of child pornography beginning on or about June, 2018 and continuing until on or about September, 2018.  The maximum possible penalty if convicted is 30 years’ imprisonment, a $250,000 fine, Life term of supervised release, a $100 special assessment.  Count III charges Preitauer with production of child pornography-parent or guardian beginning on or about June, 2018 and continuing until on or about September, 2018.  The maximum possible penalty if convicted is 30 years’ imprisonment, a $250,000 fine, Life term of supervised release, a $100 special assessment.  Count IV charges Goad with distribution of child pornography beginning on or about June, 2018 and continuing until on or about September, 2018.  The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, Life term of supervised release, a $100 special assessment.  Count V charges Goad with possession of child pornography beginning on or about March 29, 2019.  The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, Life term of supervised release, a $100 special assessment.

*          Rigoberto Lopez Salvador, age 27, is charged with illegal reentry after deportation from on or about April 3, 2019.  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.

*          Tony Merksick, age 41, is charged in a two-count Indictment.  Counts I & II of the Indictment charge Merksick with filing a false tax return from on or about April 13, 2013 and March 24, 2014.  The maximum possible penalty if convicted is 3 years’ imprisonment, a $100,000 fine, a 1-year term of supervised release, and a $100 special assessment.

*          Rick Karnes, age 56, of O’Neill, Nebraska, and O’Neill Ventures, LLC, of O’Neill, Nebraska, are charged with conspiracy to harbor illegal aliens from on or about April 20, 2014 through on or about April 16, 2019.  The maximum possible penalty if convicted for Karnes is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.  The maximum possible penalty if convicted for O’Neill Ventures, LLC is a $500,000 fine, a $100 special assessment, and forfeiture of proceeds of any criminal activity.

*          Victor Phillips, age 30, of Chicago, Illinois, is charged with possession with intent to distribute 500 grams or more of cocaine on February 28, 2019.  The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, 4-year term of supervised release, and a $100 special assessment. 

*          Alan Manuel Rubio Cazarez, age 52, of South Sioux City, Nebraska, is charged in a two-count Indictment.  Count I charges the defendant with receipt of visual depictions of minors on or about November 14, 2018 and December 17, 2018. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, Life term of supervised release, and a $100 special assessment, $5,000 additional SA.  Count II charges the defendant with possession of visual depictions of minors on or about December 18, 2018.  The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, Life term of supervised release, and a $100 special assessment, $5,000 additional SA. 

*          Arturo Alvaro Sanchez Lopez, age 49, is charged with illegal reentry after deportation following a felony conviction on or about April 3, 2019.  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.

*          Miguel Serrano Dominguez, age 37, is charged with illegal reentry after deportation from on or about March 28, 2019.  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.

*          Douglas Sibley, age 35, is charged with possession with intent to distribute 400 grams or more of fentanyl on March 5, 2019.  The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment. 

*          Robin A. Smith, age 39, of Wilcox, Nebraska, is charged with Theft of US Mail by Postal Employee on or about May 16, 2018.  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.

*          Michael Stine, age 32, of Omaha, is charged in a two-count Indictment.  Count I charges the defendant with felon in possession of a firearm on or about February 22, 2019. 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.  Count II charges the defendant with possession of unregistered firearm on or about February 22, 2019. 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.

*          Santos Tino Garcia, age 46, is charged with illegal reentry after deportation from on or about April 4, 2019.  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.

*          Claudio Vallejo-Francisco, age 36, is charged with illegal reentry after deportation following a felony conviction on or about April 16, 2019.  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.

*          Williams Vega-Victoriano, age 25, is charged with illegal alien in possession of a firearm on or about March 17, 2019.  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.