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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKAUNITED STATES OF AMERICA,Plaintiff,vs.ALLEN E. PEITHMAN, JR., SHARON A. ELDER, CORNERSTONE PLAZA, INC., AND AEP PROPERTIES, L.L.C.,Defendants.4:15CR3091PRELIMINARY JURY INSTRUCTIONSPreliminary Jury Instructions for Use in Criminal Cases IntroductionLadies and gentlemen: I will take a few moments now to give you some initial instructions about this case and about your duties as jurors. At the end of the trial I will give you further instructions. I may also give you instructions during the trial. Unless I specifically tell you otherwise, all such instructions - both those I give you now and those I give you later - are equally binding on you and must be followed.Serving as a Juror on this Criminal CaseThis is a criminal case, brought against the defendant[s] by the United States government. You should understand that the government's charges are simply accusations. They are not evidence of anything. The defendant[s] [has] [have] pleaded not guilty, and [is] [are] presumed to be innocent unless and until proved guilty beyond a reasonable doubt to the unanimous satisfaction of all the members of the jury.It will be your duty to decide from the evidence whether [the] [each] defendant is guilty or not guilty of the crime[s] charged. From the evidence, you will decide what the facts are. You are entitled to consider that evidence in the light of your own observations and experiences in the affairs of life. You may use reason and common sense to draw deductions or conclusions from facts which have been established by the evidence. You will then apply those facts to the law which I give you in these and in my other instructions, and in that way reach your verdict. You are the sole judges of the facts; but you must follow the law as stated in my instructions, whether you agree with it or not.Please remember that only [this defendant] [these defendants], not anyone else, [is] [are] on trial here, and that [this defendant] [these defendants] [is] [are] on trial only for the crime[s] charged and not for anything else.Elements of the OffenseIn order to help you follow the evidence, I will now give you a brief summary of the elements of the crime[s] charged, which the government must prove beyond a reasonable doubt to make its case. Please refer to Exhibit A which is attached to these instructions. I will read ExhibitA to you at this time.You should understand, however, that what I have just given you is only a preliminary outline. At the end of the trial I will give you final instructions on these matters. If there is any difference between what I just told you, and what I tell you in the instructions I give you at the end of the trial, the instructions given at the end of the trial must govern you.What Testimony to BelieveIn deciding what the facts are, you may have to decide what testimony you believe and what testimony you do not believe. You may believe all of what a witness says, or only part of it, or none of it.In deciding what testimony to believe, consider the witnesses' intelligence, their opportunity to have seen or heard the things they testify about, their memories, any motives they may have for testifying a certain way, their manner while testifying, whether they said something different at an earlier time, the general reasonableness of their testimony and the extent to which their testimony is consistent with other evidence that you believe.No Sympathy or PrejudiceDo not allow sympathy or prejudice to influence you. The law demands of you a just verdict, unaffected by anything except the evidence, your common sense, and the law as I give it to you. You should not take anything I may say or do during the trial as indicating what I think of the evidence or what I think your verdict should be.What Is and Is Not EvidenceI have mentioned the word "evidence." "Evidence" includes the testimony of witnesses; documents and other things received as exhibits; any facts that have been stipulated, that is, formally agreed to by the parties; and any facts that have been judicially noticed--that is facts which I say you may accept as true.Certain things are not evidence. I will list those things for you now:Statements, arguments, questions and comments by lawyers are not evidence.Objections are not evidence. Lawyers have a right to object when they believe something is improper. You should not be influenced by the objection. If I sustain an objection to a question, you must ignore the question and must not try to guess what the answer might have been.Testimony that I strike from the record, or tell you to disregard, is not evidence and must not be considered.Anything you see or hear about this case outside the courtroom is not evidence, unless I specifically tell you otherwise during the trial.Exhibits that are identified by a party but not received in evidence are not evidence. Furthermore, a particular item of evidence is sometimes received for a limited purpose only.That is, it can be used by you only for one particular purpose, and not for any other purpose. I will tell you when that occurs, and instruct you on the purposes for which the item can and cannot be used. You should also pay particularly close attention to such an instruction, because it may not be available to you in writing later in the jury room.Some of you may have heard the terms "direct evidence" and "circumstantial evidence." You should not be concerned with those terms. The federal law makes no distinction between the weight to be given to direct and circumstantial evidence.No Transcript Available But Note-Taking AllowedAt the end of the trial you must make your decision based on what you recall of the evidence. You will not have a written transcript to consult, and it is not feasible to play back lengthy testimony. You must pay close attention to the testimony as it is given.If you wish, however, you may take notes to help you remember what witnesses said. If you do take notes, please keep them to yourself until you and your fellow jurors go to the jury room to decide the case. Do not let note-taking distract you so that you do not hear other answers by the witness. When you leave at night, your notes will be secured and not read by anyone.Jurors Not Allowed to Question WitnessesI do not permit jurors to ask questions of a witness whether orally or in writing. Moreover,I do not allow jurors to give me a question for presentation to the witness. In other words, you will not be allowed to question witnesses directly or indirectly.Conduct of the JuryYou must strictly obey the following rules during all recesses and throughout the trial:First, do not talk among yourselves about this case, or about anyone involved with it, until the end of the case when you go to the jury room to decide on your verdict.Second, do not talk or correspond with anyone else about this case, or about anyone involved with it, until the trial has ended and you have been discharged as jurors. In particular, do not “blog, tweet or twitter” or post anything on “My Space,” “Facebook” or “You Tube” or similar sites about this case or about your service as a juror until this trial has ended and you have been discharged as jurors.Third, when you are outside the courtroom, do not let anyone tell you anything about the case, or about anyone involved with it. If someone should try to talk to you about the case please report it to me.Fourth, during the trial you should not talk with or speak to any of the parties, lawyers or witnesses involved in this case--you should not even pass the time of day with any of them.Fifth, if there is news coverage of this case, do not read any news stories or articles about the case, or about anyone involved with it, or listen to any radio or television reports about the case or about anyone involved with it.Sixth, do not do any research or make any investigation about the case on your own. Do not conduct research on the Internet about this case or about anyone involved with it. Do not consult any books such as dictionaries or similar references about this case or about anyone involved with it.Seventh, do not make up your mind during the trial about what the verdict should be. On the contrary, keep an open mind until after you have gone to the jury room to decide the case and you and your fellow jurors have discussed the evidence.Eighth, if you need to communicate with me do so only in writing by giving the courtroom deputy a note which is signed by you and dated. Please do not ask the courtroom deputy questions about the law or the evidence. The courtroom deputy is not allowed to answer such questions.Richard G. KopfUnited States District Judge(Saved as CRPrelim.2.on rgk criminal)EXHIBIT AThe indictment in this case charges four defendants, Allen E. Peithman Jr., Sharon A. Elder, Cornerstone Plaza, Inc., and AEP Properties, L.L.C., with a total of fourteen crimes, which are designated in the indictment as Counts I through XIV. Not every count applies to every defendant.A fifth defendant, Jacie L. Sanne, has pleaded guilty to the offense charged against her in Count V of the indictment with the understanding that other charges against her (as alleged in Counts I, VIII, and X) will be dismissed; consequently, she is not on trial here. The fact that Jacie L. Sanne has pleaded guilty to a certain count is not evidence against any other defendant.The indictment also contains forfeiture allegations which will only be presented to the jury for a determination in the event that one or more of the defendants is found guilty of one or more of the offenses charged in Counts I through IX and XI though XIII.Count IThe government alleges that the defendants conspired to distribute and possess with the intent to distribute controlled substances between October 1, 2013, and April 23, 2015.The elements of a criminal conspiracy are as follows:The defendant and one or more persons reached an agreement or came to an understanding to commit an illegal act;The defendant voluntarily and intentionally joined in the agreement or understanding, either at the time it was first reached or at some later time while it was still in effect; andAt the time the defendant joined in the agreement or understanding, the defendant knew the purpose of the agreement or understanding.The crime of distributing a controlled substance occurs when a person knowingly and intentionally transfers a controlled substance to another person.The crime of possessing a controlled substance with the intent to distribute occurs when a person knowingly possesses a controlled substance and intends to transfer the controlled substance to another person.The term “controlled substance” means a drug or other substance, or immediate precursor, which is listed in a schedule under Title 21, Chapter 13, Subchapter I, Part B, of the United States Code (21 U.S.C. § 812).Count IIThe government alleges that Sharon A. Elder aided and abetted the distribution of a controlled substance on March 1, 2014.In order to have aided and abetted the commission of a crime,The defendant must have known that the crime was being committed or going to be committed; andThe defendant must have knowingly and intentionally acted in some way for the purpose of aiding the commission of the crime.Count IIIThe government alleges that Sharon A. Elder maintained a business named Dirt Cheap for the purpose of distributing a controlled substance on March 1, 2014.The elements of this crime are as follows:The defendant knowingly maintained the place of business; andThe defendant did so for the purpose of distributing a controlled substance.Count IVThe government alleges that the defendants aided and abetted the distribution of a controlled substance on February 27, 2015.Count VThe government alleges that the defendants distributed or aided and abetted the distribution of a controlled substance on April 14, 2015.Count VIThe government alleges that the defendants possessed with the intent to distribute a controlled substance on April 23, 2015.Count VIIThe government alleges that the defendants maintained a business named Island Smokes for the purpose of distributing controlled substances between September 15, 2014, and April 23, 2015.Count VIIIThe government alleges that the defendants conspired to sell drug paraphernalia between October 1, 2013, and August 18, 2015.The term “drug paraphernalia” means any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, possession of which is unlawful under federal law.Count IXThe government alleges that the defendants received income from the transactions identified in Counts I through VIII which was invested in Dirt Cheap and Island Smokes between October 1, 2013, and August 18, 2015.The elements of this crime are as follows:The defendant received income that was derived, directly or indirectly, from a violation of federal drug laws;The defendant participated as a principal in the violation; andThe defendant used or invested, directly or indirectly, any part of such income, or the proceeds of such income, in the acquisition of any interest in, or the establishment or operation of, any enterprise which is engaged in, or the activities of which affect interstate or foreign commerce.A “principal” includes any person who (a) commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, or (b) willfully causes an act to be done which if directly performed by him or another would be an offense against the United States.Count XThe government alleges that the defendants conspired to sell misbranded drugs between October 1, 2013, and April 23, 2015.In addition to proving the existence of a conspiracy, the government must prove that one of the persons who joined the agreement took some act for the purpose of carrying out or carrying forward the agreement.Count XIThe government alleges that the defendants conspired to commit mail fraud between October 1, 2013, and April 23, 2015.Count XIIThe government alleges that the defendants conspired to structure currency transactions with financial institutions to evade reporting requirements between October 1, 2013, and August 18, 2015.In addition to proving the existence of a conspiracy, the government must prove that one of the persons who joined the agreement took some act for the purpose of carrying out or carrying forward the agreement.Count XIIIThe government alleges that the defendants conspired to launder money between October 1, 2013, and August 18, 2015.Count XIVThe government alleges that Allen E. Peithman, Jr., committed the offenses charged in Counts I and IV through XIII while he was serving a term of supervised release.Forfeiture AllegationsThe government alleges that certain property of the defendants is subject to forfeiture because it was used in the commission of an offense charged in Counts I through IX and XI through XIII, or because it constitutes or was derived from proceeds of such an offense.Copy of Indictment–Court’s Exhibit 1Attached as Court’s Exhibit I is a copy of the indictment brought by the government. Please remember that an indictment is not evidence and is only a charge. Each defendant is presumed innocent until and unless the government proves a defendant guilty of one or more counts beyond a reasonable doubt to the unanimous satisfaction of each of the jurors.You are provided with a copy of the indictment solely to assist you in further understanding the government’s claims, the defendants’ denials and defenses and for no other purpose. Keep in mind that no defendant is required to present any evidence at all and is presumed to be innocent until and unless the government proves the defendant guilty beyond a reasonable doubt.Due to the length of the indictment, I will not read the indictment to you, but the parties may refer to it during the trial so that you have a context for the claims of the government and the denials or defenses of the defendants. Again, remember the indictment is merely a charge and is not evidence. The length of the indictment itself is not evidence of anything either.4:15-cr-03091-RGK-CRZDoc # SE}A'f1'15 Page 1of 33 - Page I D # 1COURT'S EXHIBIT 1?.·FILED.U.S.DISTRICT COURTIN THE UNITED STATES DISTRICT COURTDISTRICT OF NEBRASKAFOR THE DISTRICT OF NEBRASKA?'UNITED STATES OF AMERICA,Plaintiff,vs.ALLEN E. PEITHMAN, JR., SHARON A. ELDER, JACIE L. SANNE; CORNERSTONE PLAZA, INC., and AEP PROPERTIES,L.L.C.,Defendants.20 15 AUG 19 PM 4:524:15CR.OFnCE OF THE CLERK50\ \INDICTMENT21 U.S.C. §§ 32l(n), 33 l(c), 333(a)(2),352(a), 352(b), 352(e), 352(f), 841(a)(l),841(b)(l), 846, 853(a), 854, 856, 863(a);18 U.S.C. §§ 2, 371, 981(a)(l)(C), 982(a),1341, 1956(a)(l)(B), 1956(h), 1957,3147;28 U.S.C. § 2461(c); and 31 U.S.C.§§ 5317(c), and 5324(a)The Grand Jury charges thatCOUNT IConspiracy to Distribute Controlled SubstancesBetween on or about October 1, 2013, and on or about April 2.3, 2015, in the District of Neraska, and elsewhere, ALLEN E. PEITHMAN JR., SHARON A. ELDER, JACIE L. SANNE, CORNERSTONE PLAZA, INC., and AEP PROPERTIES, L.L.C., the defendantsherein, did knowingly and intentionally combine, conspire, confederate, and agree with each other and with other persons, known and unknown to the Grand Jury, t6 distribute and possess with the intent to distribute mixtures or substances containing detectable amounts of the following ScheduleIsubstances:(1-(5-fluoro-penty 1)-1 H-indol-3-yl )(2,2,3,3-tetramethylcyclopropyl) methanone, its optical, positional, and geometric isomers, salts and salts of isomers- 7011 (Other names: 5-fluoro-UR-144, 5- F-UR-144, XLR l 1, l-(5-fluoro-pentyl) -3- (2,2,3,3-tetramethylcyclo-propyl)indole;N-(l-ami no--3--methyl-l-oxcbutan-2-yl)-1-(4-fluorobcnzy l-lH-indazole-3- carboxamide, its optical, positional , and geonietric isomers, salts and salts of isomers- 7012 (Other names: AB-FUBINACA);N-(1-amino--3-methyl-l -oxobutan-2-yl}-l--(cyclohexylmethy l)-·l H-indazole:-4:15-cr-03091-RGK-CRZDoc # 1 Filed: 08/19/15Page 2 of 33 - Page ID # 23-carboxamide, its optical, positional, and geometric isomers, salts, and salts of isomers-7031 (Other names: ·AB-CHMINACA); andN-(l-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-I H-indazole-3- carboxamide, its optical, positional, and geometric isomers, salts, and salts of isomers- 7023 (Other names: AB-PINACA);All in violation of Title 21, United States Code, Sections 841(a)(l) and 84l(b)(l).Inviolation of Title 21, United States Code, Section 846.COUNT IIAid and Abet Distribution of Controlled SubstanceOn or about March 1, 2014, in the District of Nebraska, SHARON A. ELDER, one of the defendants herein, did .knowingly and intentionally aid, abet, counsel, command, induce, or procure the distribution of a mixture or substance containing a detectable amount of N-(l? amino-3-methyl-l-oxobutan-2-yl)-1-(4-fluorobenzyl-lH-indazole-3-carboxamide, its optical, positional, and geometric isomers, sahs and salts of isomers-7012 (Other names: AB? FUBINACA), a ScheduleIcontrolled substance.In violation of Title21, United States Code, Sections 841(a)(l) and 84l(b)(l) and Title 18, United States Code, Section 2.COUNT IIIMaintaining Drug-Involved PremisesOn or about March 1, 2014, in the District of Nebraska, SHARON A. ELDER, one of the defendants herein, did knowingly and intentionally open, lease, rent, use, and maintain a business at 2705 Randolph in Lincoln, Nebraska, named Dirt Cheap, for the purpose of distributing a controlled substance, to wit: a mixture or substance containing a detectable amount of N-(l? amino-3-methyl- l-oxobutan-2-yl)-l-(4-fluorobenzyl-lH-indazole-3-carboxamide, its optical,'positional, and geometric isomers, salts and salts of isomers-7012 (Other names: AB? FUBINACA), a Schedule I controlled substance, and did manage and control Dirt Cheap as24:15-cr-03091-RGK-CRZDoc # 1 Filed: 08/19/15Page 3 of 33 - Page ID # 3owners, lessees, agents, employees, and mortgagees, and knowingly and intentionally rented, leased, profited from, and made available for use, with or without compensation, Dirt Cheap for the purpose of unlawfully distributing said controlled substance.In violation of Title 21, United States Code, Section 856.COUNT IV ·Aid and Abet Distribution of Controlled SubstancesOn or about February 27, 2015, in the District of Nebraska, ALLEN E. PEITHMAN, JR., SHARON A. ELDER, CORNERSTONE PLAZA, INC., and AEP PROPERTIES, L.L.C.,defendants herein, did knowingly and intentionally aid, abet, counsel, command, induce, or procure the distribution of mixtures or substances containing detectable amounts of the following Schedule I controlled substances:N-(1-amino-3-methyl-l -oxobutan-2-yl)-1-(4-fluorobenzyl-l H-indazole-3- carboxamide, its optical, positional, and geometric isomers, salts and salts of isomers- 7012 (Other names: AB-FUBINACA); and[1-(5-fluoro-penty 1)-1 H-imlol-3-yl](2,2,3 ,3-tetramethylcyclopropyl)f :·methanone, its optical, positional, and geometric isomers, salts and salts of isomers- 7011 (Other names: 5-fluoro-UR-144, 5- F-UR_:144, XLR l 1, 1-(5-fluoro-pentyl)-3- (2,2,3,3-tetramethylcyclopropyl)indole ).In violation of Title 21, United States Code, Sections 84l(a)(l) and 84l(b)(1) and Title 18, United States Code, Section 2.COUNT YDistribution of and Aid and Abet Distribution of Controlled SubstanceOn or about April 14, 2015, in the District of Nebraska, ALLEN E. PEITHMAN, JR., SHARON A. ELDER, JACIE L. SANNE, CORNERSTONE PLAZA, INC., and AEPPROPERTIES, L.L.C., defendants herein, did knowingly and intentionally distribute and did?, .aid, abet, counsel, command, induce, or procure the distribution of a mixture or substance containing a detectable amount of [1-(5--fluoro-pentyl)- 1 H-indol-3-yl](2,2,3,3- tetrainethylcyclopropyl) methanone, its optical, positional, and geometric isomers, salts and salts4:15-cr-03091-RGK-CRZDoc # 1 Filed: 08/19/15Page 4 of 33 - Page ID # 4of isomers-7011 (Other names: 5-fluoro-UR-144, 5- F-UR-144, XLR l 1, 1-(5-fluoro? pentyl)-3-(2,2,3,3-tetramethylcyclopropyl)indole), a Schedule I controlled substance.Inviolation of Title 21, United States Code, Sections 841(a)(l) and 841(b)(l) and Title 18, United States Code, Section 2.COUNT VIPossession With Intent to Distribute Controlled SubstancesOn or about April 23, 2015, in the District of Nebraska, ALLEN E. PEITHMAN, JR., SHARON A. ELDER, CORNERSTONE PLAZA, INC., and AEP PROPERTIES, L.L.C.,defendants herein, did knowingly and intentionally possess with intent to distribute mixtures or substances containing detectable amounts of the following Schedule I controlled substances:N-(l-amino-3-methyl-l-oxobutan-2-yl1-(cyclohexylmethyl)- 1H-indazole- 3-carboxamide, its optical, positional;and geometric isomers, salts, and salts of isomers-7031 (Other names: AB-CHMINACA),N-(l-amino-3-methyl-1-oxobutan-2-yl 1-pentyl-lH-indazole-3- carboxamide, its optical, positional, and geometric isomers, salts, and salts of isomers- 7023 (Other nan1es: AB-PINACA;[1-(5-fluoro-penty l1H-indol-3-y1](2,2,3,3-tetramethylcyclopropyl) methanone, its optical, positional, and geometric isomers, salts and salts of isomers- 7011 (Other names: 5-fluoro-UR-144, 5- F-UR-144, XLRl 1, 1-(5-fluoro-pentyl)-3-...(2,2,3,3-tetramethylcyclopropoyl)indole; andN-(l-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl-l H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts and salts of isomers- 7012 (Other names : AB-FUBINACA).Inviolation of Title 21, United States Code, Sections 841(a)(l) and 841(b)(l) and Title 18, United States Code, Section 2.4:15-cr-03091-RGK-CRZDoc # 1 Filed: 08/19/15Page 5 of 33 - Page ID # 5COUNT VIIMaintaining Drug-Involved PremisesBetween at least as early as on or about September 15, 2014, and on or about April 23, 2015, in the District of Nebraska, ALLEN E. PEITHMAN, JR., SHARON A. ELDER, CORNERSTONE PLAZA, INC., and AEP PROPERTIES, L.L.C., defendants herein, did knowingly and intentionally open, lease, rent, use, or maintain a business located at 1075 N. 33rd Street, Lincoln, Nebraska, called Island Smokes, for the purpose of distributing controlled substances, to wit: mixtures or.substances containing deteetable amounts of the following S.chedule I controlled substances:[l-(5-fluoro-pentyl)-l H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl) methanone) its optical, positional, and geometric isomers, salts and salts of isomers- 7011 (Other names: 5-fluoro-UR-144, 5- F-UR-144, XLR I 1, 1-(5-fluoro-pentyl) -3- (2,2,3,3-tetramethylcyclopropoyl)indole;N-(l-ami.no-3-methyl-l-oxobutan-2-yl)-1-(4-fluoro.benzyl-lH-indazole-3-. '·carboxamide, its optical, positional, and geometric isomers, salts and salts of isomers- 7012 (Other names: AB-:-FUBINACA);N-(l-amino-3-methyl-1-oxobutan-2-yl)-l-(cyclohexylmethyl)- 1H-indazole-J-carboxamide, its optical, positional, and geometric isomers, salts, and salts of isomer-7031 (Other names: AB-CHMINACA); andN-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-IH-indazole--3-carboxamide, its optical, positional, and geometric isomers, salts, and salts of isomers--.7023 (Other nanJ.es: AB-PINACA);and did manage and control Island Smokes, as owners, lessees, agents, employees, and mortgagees, and knowingly and intentionally rented, leased, profited from, and made available for 1se, with orithout compensation, Island Smokes for the purpose f unlawfully distributing said controlled substances.In violation of Title 21, United States Code, Section 856.4:15-cr-03091-RGK-CRZDoc # 1 Filed: 08/19/15Page 6 of 33 - Page ID # 6COUNT VIIIConspiracy to Distribute Drug ParaphernaliaBetween on or about October I, 2013, and on or about August 18, 2015, in the District of Nebraska and elsewhere, ALLEN E. PEITHMAN ,.JR., SHARON A. ELDER, JACIE L. SANNE, CORNERSTONE PLAZA, INC., and AEP PROPERTIES, L.L.C., defendants herein,did knowingly and intentionally combine, conspire, confederate, and agree with each other and with other persons, known and unknown to the Grand Jury, to sell or offer for sale drug paraphernalia; and to use the mails or any other facility of interstate commerce to transport drug paraphernalia; in violation of Title 21, United States Code, Section 863(a)(l ).In violation of Title 21, United States Code, Section 846.COUNT IXInvestment of Illicit Drug ProfitsBetween on or about October 1, 2013: and on or about August 18, 2015, in the District of Nebraska, ALLEN E. PEITHMAN, JR., SHARON A. ELDER, CORNERSTONE PLAZA,INC., and AEP PROPERTIES , L.L.C., defendants herein, received income derived, directly or indirectly, from participation as a principal in violations involving the distribution of controlled substances and conspiracy to distribute and possess with the intent to distribute controlled substances in violation of 'ritle 21, United States Code, Sections 84l(a)(I), 84l(b)(l), and 8.46, and Title 18, United States Code, Section 2, as alleged in Counts I , II, IV, V, and VI of this Indictment, maintaining drug-involved premises in violation of Title 21, United States Code Sections 856 and 846, as alleged in Counts III and VII of this Indictment, and conspiracy to sell or cffer for sale drug paraphenialia, in violation of Title 21, United States Code, Sections 863 and 846, as alleged in Count VIII of this Indictment; and did use or invest, directly or indirectly,4:15-cr-03091-RGK-CRZ Doc # 1 Filed: 08/19/15 Page 7 of 33 - Page ID # 7any part of such income, or the proceeds of such income, in acquisition of any interest in, or the establishment of, or operation of any enterprise which is engaged in, or the activities of which affect interstate or foreign commerce, to wit, the following businesses: Dirt Cheap and Island S1w:-kes.In violation of Title 21, United States Code, Section 854.COUNT XConspiracy to Sell Misbranded SubstancesAt all times relevant to this Indictment, the United States Food and Drug Administration (FDA) was the agency of the United States responsible for, among other things, enforcing the provisions of the Federal Food, Drug, and Cosmetic Act (FDCA), 21 U.S.C. § 301 et seq. The FDA's primary purpose in enforcing the provisions of the FDCA was to protect the public health. The FDA's responsibilities included regulating the manufacturing, labeling, and distribution of drugs shipped or received in interstate commerce. The responsibilities of the FDA include preventing drugs that were not approved for marketing or sale, or which were improperly packaged and labeled, from reaching the market place.The Charge:Between on or about October 1, 2013, and on or about April 23, 2015, in the District of Nebraska, ALLEN E. PEITHMAN, JR., SHARON A. ELDER, JACIE L. SANNE., CORNERSTONE PLAZA, INC., and AEP PROPERTIES , L.L.C, the defendants herein, did knowingly and intentionally combine, conspire, confederate, and agree together, and with other persons, to commit offenses against the United States, and specifically, with the intent to defraud and mislead, defendants conspired to receive and cause the receipt of misbranded drugs into interstate commerce, and to deliver and proffer delivery thereof for pay or otherwise.In violation of Title 21, United States Code, Sections 33 l(c) and 333(a)(2).4:15-cr-03091-RGK-CRZDoc # 1 Filed: 08/19/15Page 8 of 33 - Page ID # 8Manner and MeansBetween or about October 1, 2013, and on or about April 23, 2015, defendants ALLEN E. PEITHMAN , JR., SHARON A. ELDER, JACIE L. SANNE; CORNERSTONE PLAZA, INC., and AEP PROPERTIES, L.L.C , conspired to obtain and sell, through busfo.esses Dirt Cheap and Island Smokes, products which were "drugs," as that term is defined by Title 21, United States Code, Section 32l(g)(l):On or about May 2, 2008, defendant ALLEN E. PEITHMAN, JR., filed an Application for Registration of Trade Name with the Nebraska Secretary of State for Dirt Cheap, listing the office address as 2705 Randolph Street, Lincoln, Nebraska, and stating the general nature of the business to be retail.Defendant CORNERSTONE PLAZA, INC., filed Articles of Incorporation with..,the Nebraska Secretary of State on May 8, 2014, listing the office address of the corporation as 2705 Rando,lph, Lincoln, Nebraska, and the registered agent'as defendant SHARON A. ELDER. On May 20, 2014, defendant SHARON A. ELDER opened Union Bank & Trust business checking account #xxxx0947 in the name of CORNERSTONE PLAZA, INC., listing SHARON A. ELDER as the authorized signer on the account.On or about September 3, 2014, Defendant AEP PROPERTIES, L.L.C., filed a Certificate of Organization with the Nebraska Secretary of State on listing defendant ALLEN E. PEITHMAN, JR., as its registered agent. AEP PROPERTIES, L.L.C.'s Operating Agreement lists ALLEN E. PEITHMAN, JR. as the sole member and owner of the corporation.4:15-cr-03091-RGK-CRZDoc # 1 Filed: 08/19/15Page 9 of 33 - Page ID # 9.Beginning at least as early as October 1, 2013, and continuing until at least on or about August 18, 2015, ALLEN E. PEITHMAN, JR., SHARON A. ELDER, CORNERSTONE PLAZA, INC., and AEP PROPERTIES, L.L.C. and owned and operated Dirt Cheap, a retail business located at 2705 Randolph Street, Lincoln, Lancaster County, Nebraska.· Beginning at least as early as September 15, 2014, and continuing until at least on or about April 23, 2015, defendants ALLEN E. PEITHMAN, JR., SHARON A. ELDER, CORNERSTONE PLAZA, INC., and AEP PROPERTIES, L.L.C, owned and operated Island Smokes, a retail business located at 1075 North 33rd Street, Lincoln, Lancaster County, Nebraska.Defendants ALLEN E. PEITHMAN, JR., SHARON A. ELDER, JACIE L. SANNE, CORNERSTONE PLAZA, INC., and AEP PROPERTIES, L.L.C., obtained and sold prpducts that they and their suppliers falsely and misleadingly referred to as "incense," 14potpoun-i,""spice,"and by other en-oneous and misleacting names, when in fact such productswere drugs, as defined by 21 U.S.C. § 32l(g)(l) in that they were articles other than food whichwere intended to affect the structure or function of the human body, or were intended for use as a component of such a drug.Said drugs were misbranded in the following respects:(a).The drugs' labeling did not bear adequate directions for use in violation of 21u.s.c. § 352(f)(l);(b).The chugs' labeling was false and misleading inviolation of 21 U.S.C. §§ 352(a) and 32l(n) in at least the following ways:4:15-cr-03091-RGK-CRZDoc # 1 Filed: 08/19/15Page 10 of 33 - Page ID # 10(i).The drugs' labeling suggested that they were not intended for human use, when in fact such drugs were intended for use by humans;(ii).The drugs were labeled as "potpouni," "incense,""spice," and under other false and misleading names when in fact the products were intended for use as drugs to affect the structure or any function of the human body;(c).The drugs, which came in package form, did not have a label containing the name and place of the business of the manufacturer, packer, and distributor; and did not bear a label containing an accurate state1nent of the quantity of the contents of the package in violation of 21 U.S.C. § 352(b);The drugs' labeling did not bear the established name of each active ingredient, inviolation of 21 U.S.C. § 352(e)(1)(A);The drugs' labeling did not include adequate warnings against the drugs' use·where such use might be dangerous to a person' s health, or warnings against unsafe dosages, methods, or durations oadministration or application, in such manner and form as were necessary for the protection of users of the drugs in violation of 21 U.S.C.§ 352(f)(2).Defendants intended to defraud and mislead government authorities regarding the products' status as drugs, with the purpose of avoiding regulation over the drugs and enabling themselves to continue selling the drugs in exchange for money.It was part of the conspiracy that defendants ALLEN E. PEITHMAN, JR., SHARON A. ELDER, CORNERSTONE PLAZA, INC., and AEP PROPERTIES, L.L.C., coordinated the ordering of misbranded drugs from suppliers and manufacturers located outside the State of Nebraska, including, but not limited to, Nevada and New York, for resale through4:15-cr-03091-RGK-CRZDoc # 1 Filed: 08/19/15Page 11of 33 - Page ID # 11Dirt Cheap and Island Smokes. Said suppliers and manufacturers shipped the drugs to Dirt Cheap and Island Smokes using common carriers such as Federal Express (FedEx), United Parcel Service (UPS) and the United States Mail, and members of the conspiracy received those shipments.Defendants ALLEN E. PEITHMAN, JR., SHARON A. ELDER, JACIE L. SANNE, CORNERSTONE PLAZA, INC., and AEP PROPERTIES, L.L.C., sold and directed emrloyees of Dirt Cheap and Island Smokes to sell misbranded drugs, including, but not limited to, products described as or marketed as the following, and variations of the same: Passion Sense Twilight, Bizarro·, Orgazmo ;Mummy's Breath, Get Real, Mardi Gras, No Mames, Platinum, XXX Platinum, Brainfreeze, High Chee, Kisha Kole, The Hedgehog, Black Diamond, Mr. Big Shot, AK-47, California Dreams, Phantom, New Joker, Zero Gravity, and Down2earth.On or between about October 1, 201'3, and on or about April 23, 2015;defendants ALLEN E. PEITHMAN, JR., SHARON A. ELDER, CORNERSTONE PLAZA, INC., and AEP PROPERTIES, L.L.C., made payments to said out-of-state suppliers in exchange for misbranded drugs, by using checks drawn on West Gate Bank Account #xxxxxx8039, a business checking . account held in the name of "Allen Peithman, Doing Business as Dirt Cheap;" checks drawn on Union Bank Account #xxxx0947, a business checking account held in the name of defendant CORNERSTONE PLAZA, INC.; cashiers' checks; Western Union money orders; and United States currency.Overt Acts:Defendants committed overt acts in furtherance of the conspiracy, including but not limited to the following:4:15-cr-03091-RGK-CRZDoc # 1 Filed: 08/19/15Page 12 of 33 - Page ID # 12(a).On or about February 14, 2014, an employee of Dirt Cheap, delivered a misbranded drug, for pay, after the misbranded drug had been received in interstate commerce.(b). On or about March 1, 2014, an employee of Dirt Cheap, delivered misbranded drugs, for pay, after the misbranded drugs had been received in interstate commerce.(c).On or about September 26, 2014, an employee oflsland Smokes, delivered misbranded drugs, for pay, after thesbranded drugs had been received ininterstate commerce.(d).On or about October 20, 2014, an employee oflsland Smokes, delivered misbranded drugs for pay, after the misbranded drugs had been received in interstate commerce.......(e).On or about November 4, 2014, defendant SHARON A. ELDER delivered a misbranded drug, for pay, after the product was received in interstate commerce. (f).On or about January 5, 2015, an employee oflsland Smokes, delivered misbranded drugs for pay, after the misbranded drugs had been received in interstate commerce.(g).Ori or about February 27, 2015, an employee of Island Smokes delivered misbranded drugs for pay' after the misbranded drugs had been received in interstate commerce.(h).On or about April 14, 2015, defendants SHARON A. ELDER and JACIEL. SANNE delivered misbranded drugs, for pay, after the misbranded drugs had been received in interstate commerce.4:15-cr-03091-RGK-CRZDoc # 1 Filed: 08/19/15Page 13 of3 - Page ID # 13(i).On or between about April 20, 2015, and on or about April 21, 2015, defendant SHARON A. ELDER delivered misbranded drugs, for pay, aftr the misbranded drugs had been received in interstate_ commerce.G).On or about April 21, 2015, an employee of Island Smokes, delivered a a misbranded drug, for pay, after the product had been received in interstate commerce.(k).On or about April 23, 2015, defendants ALLEN E. PEITHMAN, JR.,SHARON A. ELDER, CORNERSTONE PLAZA, INC., and AEPPROPERTIES , L.L.C. possessed misbranded drugs with the intent to deliver said misbranded drugs for pay, after the misbranded drugs had been received in interstate commerce. · ·In violation of Title 18, United States Code, Section 371 and Title 21, United States Co.de, Sections 331(c), 333(a)(2), 352(a)(b)(e) and (f).COUNT XI,..Conspiracy to Commit Mail FraudBetween on or about October 1, 2013, and on or about April 23, 2015, in the District of Nebraska, ALLEN E. PEITHMAN, JR., SHARON A. ELDER, CORNERSTONE PLAZA, INC., and AEP PROPERTIES, L.L.C,, defendants herein, did knowingly and intentionally combine, conspire,- confederate, and agree together, and with other persons, to commit offenses against the United States. Specifically, with the intent to defraud and mislead, defendants conspired to devise and execute a scheme to defraud the public by marketing and distributing misbranded drugs as "potpoun-i?' "incense,""spice" and under other false and misleading names when in fact the products were intended for use as drugs to affect the structure or any function of4:15-cr-03091-RGK-CRZDoc # 1 Filed: 08/19/15Page 14 of 33 - Page ID # 14the human body; and when said misbranded drugs were packaged with labeling which failed to accurately identify the contents of packages and the intended uses; and knowingly caused shipments of products described as or marketed as the following, and variations of the same: Passion Sense Twilight, Bizarro, Orgazmo, Mummis Breath, Get Real, Mardi Gras, No Mames, Platinum, XXX Platinum, Brainfreeze, High Chee, Kisha Kole, The Hedgehog , Black Diamond,Mr. Big Shot, AK-47, California Dreams, Phantom, New Joker, Zero Gravity, and Down2ea1thto be delivered by United States Mail and by private and·commercial interstate carriers, such as.'FedEx and UPS.In furtherance of the conspiracy and scheme, and on the dates set forth in Schedule A, defendants ALLEN E. PEITHMAN, JR., SHARON A. ELDER, CORNERSTONE PLAZA, INC., and A?P PROPERTIES, L.L.C., received shipments of misbranded drugs and controlled substances by United States mail, and by private mon carriers as set forth in Schedule A.SCHEDULE AInvoice or Shipping DateItems Shipped I DeliveredListed Carrier11/22/13Elite Distributing, Las Vegas, NV, shipped Exotic (believed to be synthetic cannabinoid) at a price of $5,800.00 to "Shari" at Dirt Cheap, 2705 Randolph, Lincoln, NE.FedEx Overnight12/3il3Elite Distributing, Las Vegas, NV, shipped Exotic (believed to be synthetic cannabinoid) at a price of $19,800.00 to "Shari" at Dirt Cheap, 2705 Randolph, Lincoln, NE.FedEx Overnight4/30/14Real Feel, Porter Ranch, CA, shipped No Mames and Get Real synthetic cannabinoid at a price of $23,637.00 to "Dirt Cheap Tobacco Shop," "2705 Randolph Street, Lincoln, NE.FedEx7/8/14A.N. (believed to be Aromatic Novelties, Reno, NV) shipped "NM" (believed to be No Mames synthetic cannabinoid) at a price of $11,050.00 to "Sheri" at "Corner Store,"Lincoln, NE.UPS10/10/14Unidentified Supplier shipped No Mames, (illegible)blown, Orgazmo, Twilight, Bizarro, and Zero Gravity (belived to be synthetic cannabinoid) at a price of $20,350.00 to Dirt Cheap, "Sherri Elder", 2705 Randolph St., Lincoln, NE.FedEx4:15-cr-03091-RGK-CRZDoc # 1 Filed: 08/19/15Page 15 of 3 - Page ID # 15Invoice or Shipping DateItems Shipped I DeliveredListed Carrier12/30/14Unidentified Supplier shipped No Mames, and Get Real, synthetic cannabinoid at a price of $42,500.00 to "Sherri Elder", 2705 Randolph St., Lincoln, NE.FedEx2/12/15,.Unidentified Supplier shipped No Mames, synthetic cannabinoid at a price of$6,914.25 to "Sherri Elder", 2705 Randolph St., Lincoln, NE.FedEx2/23/15A-1 Distribution shipped "BD3, NM3, GR3, GRIO, and NMIO" (believed to be Black Diamond 3 grams,No Mames 3 grams, Get Real 3 grams, Get Real 10 grams, and No Mames 10 grams packages of synthetic cannabinoid) at a price of $4,900.00 to "Corner Store", Lincoln, NE.UPS2/26/15A-1 Distribution shipped 300 samples of "BD3, NM3, and GR3,"(believed to be Black Diamond 3 grams, No Mames 3 grams, and Get Real 3 grams, pack(!.ges of synthetic cannabinoid) to "Corner Store", Lincoln, NE. There was no charge or shipping fee for the samples. The normal listed charge for these samples was $9 each.UPS419115A-1 Distribution shipped 30 sples of "BD3, NM3, and GR3," (believed to be Black Diamond 3 grams, No Mames 3 grams, artd Get Real 3 grams, packages of synthetic cannabinoid) to "Corner Store", Lincoln, NE. There was no charge or shipping fee. The normal listed charge for these samples was $7 each.UPSIn violation of Title 18, United States Code, Sections 371 and 1341.COUNT XIIConspiracy to StructureTitle 31, United States Code, Section 5313, and 31 C.F.R. §§ 103.22(b)(l) and 103.27(a) (re-codified as 31 C.F.R. §§ 1010.311 and 1010.306(a) as of March 1, 2011) required that a financial institution that engages in a currency transaction involving more than $10,000 inU.S. Currency must file a report of the transaction with the Internal Revenue Service, and Title31, United States Code, Section 5325 required that a financial institution that issues a money order to any individual, in connection with a transaction or group of such contemporaneous4:15-cr-03091-RGK-CRZDoc # 1 Filed: 08/19/15Page 16 of 33 - Page ID # 16transactions involving United Sates coins or currency in amounts or denominations of $3,000.00 or more, obtain and record the customer's identification.31 C.F.R. § l03.22(c)(2) (re-codified as 31 C.F.R. § l0l0.3 l3(b)) provided thatmultiple transactions at the same financial institution on the same day must be treated as a single transaction. Deposits made on weekends or holidays are treated as if received on the next business day.3. 31 U.S.C. § 5324(a)(3) and 31 C.F._R. § 1010.314(c) made it an offense to structure or assist in structuring, or attempt to structure or assist in structuring, any transaction with one or more domestic financial institutions.31 C.F.R. § 103.l l(gg) (re-codified as 31 C.F.R. § 1010.100 (xx)) defined "structuring'' to include conducting one or more transactions in currency, in any amount, at one or more :financial institutions, on one or more days, in any manner, for the purpose of.evading the reporting requirements under § 103.22(§ 1010.311). The regulation applied to a person "acting alone, or in conjunction with or on behalf of other persons," and defined "in any manner" to include the breaking down of a single sum of currency exceeding $10,000 into smaller sums, as well as conducting a series of currency transactions, including transactions "at or below$10,000." Finally, the regulation provided that "The transaction or transactions need not exceed the $10,000 reporting threshold at any single financial institution on any single day in order to constitute structuring."Beginning at least as early as October 1, 2013, and continuing until at least on or abo"Llt August 18, 2015, defendants ALLEN E. PEITHMAN, JR., SHARON A. ELDER, CORNERSTONE PLAZA, INC., and AEP PROPERTIES, L.L.C., maintained bank accounts atU.S. Bank, West Gate Bank, Union Bank and Trust, and Wells Fargo, including the following:4:15-cr-03091-RGK-CRZDoc # 1 Filed: 08/19/15Page 17 of 33 - Page ID # 17Account#Account NamSignatory(ies)West Gate BankWest Gate BankBank of the West Wells Fargo Bank1Wells Fargo Bankxxxxxx8039Allen E. Peithman, Jr., dbaAllen E. Peithman, Jr.Ditt CheapAmy J. Ackerman Sharon A. Elder, POAxxxxx7152Allen E. Peithrnan, Jr., dbaAllen E. Peithman, Jr.Dirt Cheap8521Allen Peithman, Jr.Allen Peithman, Jr. xxxxxx9707Allen E. Peithman, Jr., dbaAllen E. Peithman, Jr.Dirt 'Cheapxxxxxx4370Allen E. Peithman, Jr., dbaAllen E. Peithman, Jr.Dirt CheapUnion Bank & Trust xxxx3901Sharon A. ElderSharon A. ElderUnion Bank & Trust xxxx0947Cornerstone Plaza, Inc.Sharon A. Elder The Charge:Beginning at least as early as October 1, 2013, and continuing until at least August 18, 2015, in the District of Nebraska, and elsewhere, defendants, ALLEN E. PEITHMAN, JR., SHARON A. ELDER, CORNERSTONE PLAZA, INC., and AEP PROPERTIES, L.L.C., did knowingly and willfully combine, conspire, and agree, with each·other and with others known and unknown to the Grand Jury, to structure currency transactions with one or more domestic financial institutions for the purpose of evading the reporting requirements of Title 31, Section 5313, United States Code, and the regulations promulgated thereunder, and to do so as part of a pattern of iJlegal activity involving more than $100,000 in a 12-r' nonth period.17"4:15-cr-03091-RGK-CRZDoc # 1 Filed: 08/19/15Page 18 of 33 - Page ID # 18Overt Acts:In furtherance of the conspiracy, and on the dates set forth in Schedule B, defendants ALLEN E. PEITHMAN, JR., and SHARON A. ELDER deposited United States currency into the accounts desctibed in paragraph 5 and in the amounts set forth in Schedule B.SCHEDULE B.BankLast 4 Digits of Account NumberAccount Na mePosting DateCash DepositsTotalWest Gate8039Allen E. Peithman, Jr., dba Dirt Cheap11/12/13$6,020.00Bank (WGB)(Dirt Cheap checking)$1,000.00$1,500.00$1,803.00$13,323.00$3,000.00WGB8039Out Cheap checkingl l/20/ 13$8,000.00$2,825.00$10,825.00WGB8039Dilt Cheap checking12/19/13$1,292.00$4,000.00$5,000.00.$10,292.00WGB8039Out Cheap checking1/10/14$1,804.00$8,000.00$9,804.00WGB8039Dirt Cheap checking1127/1 4$5,000.00$7,500.00$12,500.00WGB8039Dirt Cheap checking2/3/14$9,500.00$27,000.00WGB7152Allen E. Peithman , Jr, dba Di.Jt Cheap$7,000.00(Di.Jt Cheap Savings)$10,500.00WGB8039Di.Jt Cheap checking2/6/14$3,500.00$10,500.00$14,000.00WGB8039Dirt Cheap checking .2110/14$9,500.00$9,500.00WGB8039- Dirt Cheap checking2/11114$9,500.00$9,500.00WGB8039Dirt Cheap checking·2/24/14$5,000.00$8,500.00.$13,500.00WGB8039Dirt Cheap checking3/3114$6,500.00$8,000.00$14,500.00WGB8039Dirt Cheap checking3/4/14$9,500.00$9,500.00WGB8039Dirt Cheap checking3/10/14$9,000.00$7,000.00$16,000.QOWGB8039Dirt Cheap checking3/17/14$2,410.00$7,000.00$9,500.00$18,910.00WGB8039Dirt Cheap checking3/18/14$4,680.00$9,000.00$13,680.00WGB8039Dirt Cheap checking3/24/14$8,500.00$7,000.00$15,500.00WGB8039Dirt Cheap checking4/2/14$5,000.00$5,000.00$10,000.00WGB8039Dirt Cheap checking417114$5,000.00$9,500.00$14,500.004:15-cr-03091-RGK-CRZDoc # 1 Filed: 08/19/15Page 19 of 33 - Page ID # 19Bank..Last 4 Digits of Account NumberAccount Na mePosting DateCash DepositsTotalBank of the8521Allen E. Peithman, Jr. (Peithman8/15/14$8,000.00$19,000.00West (BOW)checking)$2,000.00Union Bank0947Cornerstone Plaza, Inc. (Cornerstone& Trustchecking)$9,000.00(UB&T);9707Allen E. Peithman, Jr. dba Dirt CheapWells Fargoa/k/a Allen E. Peithman, Jr., dba-AEPProperties LLC. <DC/AEP checking)BOW8521.l'eithman checking8/18/14$8,000.00$32,000.00Wel!s Fargo9707BC/AEP checking$2,000.00Wells Fargo4370Allen E. Peithman,_Jr., dba Dirt Cheap(Dirt Cheap savings)$7,000.00UB&T0947Cornerstone checking$7,000.00UB&T0947Cornerstone checking$8,000.00BOW8521Peithman checking9/15/14$5,000.00$15,080.00Wells Fargo9707DC/AEP checking$5,080.00UB&T0947Cornerstone checking$5,000.00BOW8521Peithman checkingJ 0/21/14$7,000.00$10,180.00Wells Fargo9707DC/AEP checking$3,180.00UB&T0947Cornerstone checking12/8/14$1,000.00$12,775.00UB&T3901Cornerstone checking$ 275.00BOW8521Peithman checking .$ll,500.00UB&T0947Cornerstone checking1/8115$ 500.00$22,500.00Wel!s Fargo9707DC/AEP checking$15,000.00BOW8521Peithman checking$ 7,000.00Wells Fargo9707DC/AEP checking2/2/15$4,500.00$12,000.00BOW8521Peithman checking$5,000.00UB&T0947Cornerstone checking$2,500.00Wells Fargo9707DC/AEP checking2/27115$8,00.0.00$14,000.00BOW8521Peithman checking$4,000.00UB&T0947Cornerstone checking$2,000.00In furtherance of the conspiracy, and on the dates set forth in Schedule C, defendants ALLEN E. PEITHMAN, JR., SHARON A. ELDER, CORNERSTONE PLAZA, INC., and AEP PROPERTIES, L.L.C., purchased and directed other persons to purchaseWestern Union money n·ders, using United States currency, in the amounts set forth in Schedulec.4:15-cr-03091-RGK-CRZDoc # 1 Filed: 08/19/15Page 20 of 33 - Page ID # 20SCHEDULE CDatePayable To:NumberValue PurchasedBuyer(s)Purchase Location10/2/13Mojo Distributing104$4,667.75$3,000.00Sharon ElderEZGo, 2555 "O"Hv-Vee, 5010"0"10/17/13Mojo Distributing824$4,000.00$1,500.00$2,000.00Sharon ElderEZGo 2555 "O?-Hy-Vee, 5010"0"Kwik Shoo, 4400 "O"12/28/13146$7,000.00$3,000.00Sharon Elder Haley Lang_eU-Stop, 942 S. 27th513/14Butler-WhayneJO 4$5,000.00$2,000.00Sharon ElderNikita MumhvU-Stop, 942 S. 27th5/13/14Butler-Whayne Andrew Birddason or Big Bear Distributing122$6,000.00$1,000.00Sharon ElderU-Stop, 942 S. 27th_;'i/19/14Butler-Whavne14$7,000.00Sharon ElderU-Stop, 942 S. 27th5120114A. Novelties/MojoDistributing14$7,000.00Sharon ElderU-Stop, 942 S. 27th5122114Butler-Whavne14$7,000.00Sharon ElderU-Stoo, 942 S.27th5/23/14A. Novelties14$7,000.00Sharon ElderU-Stop, 942 S. 27th5130114A. Novelties or RajaNawaz14$7,000.00Sharon ElderU-Stop, 942 S. 27th6/4/14A. Novelties or RajaNawaz14$7,000.00Sharon ElderU-Stop, 942 S. 27th6/5/14A. Novelties or RajaNawaz14$7,000.00Sharon ElderU-Stop, 942 S. 27th6/6114A. Novelties or RajaNawaz14$7,000.00Sharon ElderU-Stop, 942 S.27th617/14Butler-WhayneA. Novelties410$2,000.00$5 000.00Sharon ElderU-Stop, 942 S. 27th7/10/14Butler-Whayne A. Novelties7. 7$3,500.00$3,500.00Sharon ElderU-Stop, 942 S. 27th.._.._..2112/14A. Novelties14$7,000.00Sharon ElderU-Stop, 942 S 27th7/16/14Butler-Whavne14$7,000.00Slrnron ElderU-Stoo, 942 S. 27th7117/14Butler-Whayne14$7,000.00Sharon ElderU-Stop, 942 S. 27th7121/14A. Novelties14$7,000.00Di t CheaoU-Stoo, 942 S. 27th7/22/14A. Novelties14$7,000.00Dirt CheapU-Stop, 942 S. 27th7/23114A. Novelties Butler-Whayne104$5,000.00$2,000.00Dirt CheapU-Stop, 942 S. 27th7/28/14A. Novelties8144$4,000.00$7,000.00$2,000.00Sharon ElderDirt Cheap Sharon ElderEZ Go, 2555 "O"U-Stop, 942 S. 27thKwik Shop, 2302 Cornhusker8/01114.A. Novelties14II4$7,000.00$5,500.00$3,999.98, Sharon ElderU-Stop, 942 S.27thEZ Go, 2555 "O" Hy-Vee 5010 "O"8/03/14Butler-WhayneA. NoveltiesA. NoveltiesA. NoveltiesA. Novelties1241422$6,000.00$2,000.00$7,000.00$1,999.99$1,000.00Sharon ElderEZ Go, 2555 "O"U-Stop, 942 S. 27th Hy-Vee, 5010 "O"Kwik Shop, 4400 "O"8/04/14Butler-Whayne341210$1,999.99$3,999.98$6,000.00$5,000.00Sharon ElderKwik Shop, 2302 Comhusker Hy-Vee, 5010 "O"EZ Go, 2555 "O"U-Stop, 942 S. 27th8106114Butler-Whayne4823$2,000.00$4,000.00$1,999.00$1,500.00Sharon ElderKwik Shop, 2302 Comlmskcr EZ Go, 2555 "O"Hy-Vee, 5010 "O"U-Stop, 942 S. 27th8/18/14But.ler-Whayne124$6,000.00$3,999.98Sh.aron ElderEZ Go, 2555 "O" Hy-Vee, 5010 "O"8/21114A. Novelties84$4,000.00$3,999.98Sharon ElderEZ Go, 2555 "O" Hy-Vee, 5010 "O"8/22/14A. Novelties1278$6,000.00$3,500.00$4,000.00Sharon ElderEZ Go, 2555 "O"Kwik Shop, 2302 Cornhusker Kwik Shoo, 3301 Holdrei?.e-4:15-cr-03091-RGK-CRZDoc # 1 Filed: 08/19/15Page 21of 33 - Page ID # 21DatePavable To:N umberValue PurchasedBuver(s)Purchase Location8/26/14A. Novelties124$6,000.00$3,999.98Sharon ElderEZ Go, 2555 "O"Hv-Vee, 5010 "O"9/05/14A. Novelties I RealFeel ProductsA. Novelties I Real162$8,000.00$1,999.00Sharon ElderEZ Go, 2555 "O"Hy-Vee, 5010 "O"Feel Products9/15/14A. Novelties I Real Feel Products3$2,999.99Sharon ElderHy-Vee, 5010 "O"48$2,000.00$4,000.00Kwik Shop, 4400 "O"Kwik Shop, 3301 Holdrege4$2,000.00EZ Go, 2555 "O"9116114(unknown)8$2,000.00Allen PeithmanU-Stop, 942 S. 27thA. Novelties I RealFeel Products82$4,000.00$1,999.00Sharon ElderEZ Go, 2555 "O" Hy-Vee, 5010 "O"8$4,000.00U-Stop, 942 S. 27th9/29/14Novelties I RealFeel Products12$6,000.00Sharon Elder'EZ Go, 2555 "O"6745$5,499.98$3,500.00$i,ooo.oo$4,999.98Hy-Vee,.50.10 "0"K:wik Shop, 4400 "O" Kwik Shop, 3301 Holdrege Hy-Vee, 5020 N. 27th10/06/14A. Novelties I Real Feel Products466$2,000.00$5,999.97$5,996.97Sharon ElderKwik Shop,3301 Holdrege Hy-Vee, 7151 Stacy Lane Hy-Vee, 600 l Village Drive10/29/14Butler-Whayne4$2,000.00Sharon ElderKwik Shop, 3301 Holdrege4$3,999.98Hy-Vee, 5010 "O"$3,999.98Hy-Vee, 1601 N. 84th10/30/14Burton-Whayne or Butler-Whayne864$4,000.00$5,999.97$3,999.98Sharon ElderEZ Go, 2555 "O" Hy-Vee, 5010 "OHy-Vee, 5020 N. 27th·i l/3/14Butler-Whayne12$6,000.00Sharon ElderEZ Go, 2555 "O"2 ·2$1,999.99$1,999.99Hy-Vee, 5010 "O" Hy-Vee, 5020 N. 27th2 ·$1 000.00Kwik Shop, 3301 Holdrege11/7/14Butler-WhayneJ O$5,000.00Sharon ElderEZ Go, 2555 "O"22$2,000.00$1,000.00Hy-Vee, 5010 "O"Kwik Shop, 4400 "O"2$1,000.00Kwik Shop, 3301 Holdrege11/18/14Butler-Whayne12$6,000.00Sharon ElderEZ Go, 2555 "O"4$3,999.98Hy-Vee, 5010 "O"4$3,999.98Hy-Vee, 6001 Village Drive12/23/14Top Notch Novelties12$6,000.00Sharon ElderEZ Go, 2555 "O"3$1,500.00Kwik Shop, 2710 "W"1120/15Butler-Whayne8$4,000.00Sharon ElderEZ Go, 2555 "O"43$2,000.00$1,500.00Kwik Shop, 3301 Holdrege Kwik Sho'p, 2710 "W"I$700.00Hy-Vee, 5010"0"In violation of Title 18, United States Code, Section 371 and Title 31, United States Code, Sections 5324(a)(l) and 5324(a)(3).COUNT XIIIConspiracy to Money LaunderBeginning at least as early as on or about October 1, 2013, an continuing to at lea!on or about August 18, 2015, in the District of Nebraska and elsewhere, defendants,ALLEN E. PEITHMAN, JR., SHARON A ELDER, CORNERSTONE PLAZA, INC., and AEP214:15-cr-03091-RGK-CRZDoc # 1 Filed: 08/19/15Page 22 of 33 - Page ID # 22PROPERTIES, L.L.C., did knowingly combine, conspire, and agree with each other and with others known and unknown to the Grand Jury, to commit offense against the United States, to wit:Money laundering in violation of 18 U.S.C. § 1956(a)(l)(B)(i), the elements of-··which are to knowingly conduct a financial transaction affecting interstate commerce that involved the proceeds of unlawful activity, knowing that the property involved in the transaction represented the proceeds of the unlawful activity, and knowing the transaction was designed, in whole or in part, to conceal and disguise the nature, location, source, ownership, and control of the proceeds of the unlawful activity; andMoney laundering in violation of 18 U.S.C. § 1956(a)(l)(B)(ii), the elements ofwhich are to knowingly conduct a financial transaction affocting interstate commerce that involved the proceeds of a specified unlawful activity, knowing that the propertyinvolved inthe transaction represented the proceeds of some form of unlawful activity, and knowing that the transaction was designed in whole and in part to avoid a transaction reporting requirement under federal law.Money laundering in violation of 18 U.S.C. § 1957, the elements of which are to knowingly engage, or attempt to engage in a monetary transaction or in monetary transactions with proceeds of a specified unlawful activity, in anamount greater than$10,000 by, through, or to a financial institution.Manner and MeansBeginning at least as early as October 2, 2013, and continuing until at least on orabout February 27, 2015, defendants ALLEN E. PEITHMAN, JR., and SHARON A. ELDERstructured deposits of United States currency into accounts at West Gate Bank, Union Bank and224:15-cr-03091-RGK-CRZDoc # 1 Filed: 08/19/15Page 23 of 33 - Page ID # 23Trust, Bank of the West, and Wells Fargo, and structured purchases of Western Union money orders using United States currency as set forth in Count XII and Schedules B and C above, which represented the proceeds of the sale of unlawful products including controlled substances and drug paraphernalia and funds involved inmail fraud as set forth in Counts I tlu·ough IX and XI, and which represented the proceeds of the sale of such illegal activity commingled with theproceeds of the sale of lawful products.Beginning at least as early as January 17, 2014, and continuing until at least on or about December 15, 2014, defendants ALLEN E. PEITHMAN, JR., SHARON A. ELDER, CORNERSTONE PLAZA, INC., and AEP PROPERTIES, L.L.C. issued checks drawn on acc0unts at West Gate Bank, Union Bank and Trust, Bank of the West, and Wells Fargo, using funds which represented the proceeds of the sale of unlawful products including controlled substances and drug paraphernalia and funds involved in mil fraud as set forth in Counts I through IX and XI, and which represented the proceeds of such unlawful activity commingled with the proceeds of the sale of lawful products, including, but not limited to the following:On or between January L7, 2014 and March 7, 2014, defendant ALLEN E. PEITHMAN, JR. issued six checks on West Gate Bank account xxxxxx8039 in the name of Allen E. Peithman, Jr., dba Dirt Cheap, each in the amount of.$25,000.00 to Kim Elder, with notations in the memo portions of the checks denoting them as installments 1through 6, and obtained a cashier's check in the amount of $24,485.82, dated July 10,2014, from Bank of the West payable to Union Title and Union Title Company for purchase of real property described as follows: Lots 5, 6 and 7, Elm Place, Lincoln, Lancaster County, Nebraska, except that portion of Lots 6 and 7 deeded to the City of Lincoln, Nebraska by virtue of Warranty Deed recorded June 13, 1978 as Inst. No. 78-4:15-cr-03091-RGK-CRZDoc # 1 Filed: 08/19/15Page 24 of 33 - Page ID # 2415057 inthe office of the Register of Deds of Lancaster County, Nebraska, commonly known as 810 South 27th Street, Lincoln, Nebraska, using funds from Bank of the ·West account #xxx-xx8521, in the name of ALLEN E. PEITHMAN, JR..On or about January 31, 2014, defendant ALLEN E. PEITHMAN, JR., issued check #1678 on the West Gate Bank account xxxxxx8039 in the name of Allen Peithman dba Dirt Cheap in the amount of $11,930.00 to Kim Elder with the words "SILVER & GOLD"written in te memo portion of the check.On or about July 19, 2014, defendant SHARON A. ELDER purchased a 2012 Chevrolet Equinox LT from Eastep's Wheels in Lincoln, Nebraska using a trade-in and a check in the amount of $8,500.00 drawn on the Union Bank and Trnst Company account xxxx0947 in the name of CORNERSTONE PLAZA, INC. This vehicle was jointly titled in the names of SHARON A. ELDER and ALLEN E. PEITHMAN, JR.On or about August 13, 2014, defendant SHARON A. ELDER issued a check in the amount of $5,000.00 to Nebraska Title Company drawn on the Union Bank and Trust Company account #xxxx0947 in the name of CORNERSTONE PLAZA, INC. with the notation in the memo portion of the check "DWN PMT Peithman."On or between about August 7, 2014 and on or about April I, 2015,defendant SHARON A. ELDER, issued 15 checks, each in the amount of $8,000.00, and one check in the amount of $8,570.00 to Kim Elder, all drawn on the Union Bank and Trust Company account #xxxx0947 in the name of CORNERSTONE PLAZA, INC., and on or about December 11, 2014, defendant AEP PROPERTIES, L.L.C., was granted a quitclaim deed to real property described as follows: Pecks Grove (Subdivision of Block4:15-cr-03091-RGK-CRZDoc # 1 Filed: 08/19/15Page 25 of 33 - Page ID # 251), Lot A, South 60 feet, North 85 feet, East 1/2,Lincoln, Lancaster County, Nebraska, commonly known as 1075 N. 33rd Street, Lincoln, Lancaster County, NebraskaOn or between October 6, 2014 and December 7, 2014, defendant ALLEN E. PEITHMA'.N, JR., issued three checks, each in the amount of $7,000.00 to Kim Elder, with checks drawn on Wells Fargo account #xxxxxx9707 in the name of Allen E. Peithman, Jr., d/b/a Dirt Cheap with notations on the memo portions indicating they were the first, second, and third of four payments, respectively. On or about January 20, 2015, to AEP PROPERTIES, L.L.C. was granted a warranty deed to real property described asfollows: Lot C, Bignell's Replat of Lots 4, 5, 6, 7, 8 and 9, Block 54 of First Addition to.Norwood Park, Lincoln, Lancaster County, Nebraska , commonly known as 4254 North70th Street in Lincoln, Nebraska.· On or about December 15, 2014, defendant SHARON A. ELDER purchased a 2004 Mercedes Benz from Husker Auto Group in Lincoln, Nebraska, issuing a check in te amount of $28,000.00 d:awn on the Union Bank and Trust Company account#xxxx0947 in the name of CORNERSTONE PLAZA, INC.On or about December 30, 2014, defendant ALLEN E. PEITHMAN, JR., issued a check for $1,000.00 payable to NLTA (Nebraska Land Title & Abstract) drawn on the Wells Fargo account #xxxxxx.9707 in the name of Allen·E. Peithman, Jr., dba Dirt Cheap. The memo portion of the check included the number "1500009."Beginning at least as early as Januai·y 22, 2014, ai1d continuing until at least on or about December 15, 2014, defendants ALLEN E. PEITHMAN, JR., SHARON A. ELDER, CORNERSTONE PLAZA, INC., and AEP PROPERTIES, L.L.C. purchased cashier's checks at West Gate Bank, Union Bank and Trust, Bank of the West, and Wells Fargo, using United States4:15-cr-03091-RGK-CRZDoc # 1 Filed: 08/19/15Page 26 of 33 - Page ID # 26currency which represented the proceeds of the.sale of unlawful products including controlled substances and drug paraphernalia and funds involved inmail fraud as set forth in Counts I through IX and XI, and which represented the proceeds of such unlawful activity commingled with the proceeds of the sale of lawful products, including, but not limited to the following:On or about January 22, 2014, Dirt Cheap purchased a cashier's check from West Gate Bank in the amount of $10,059.33 payable to MJ Distribution, after providing$10,059.33 in United States currency to West Gate Bank.On or about February 5, 2014, Dirt Cheap obtained a cashier's check from West Gate Bank in the amount of $6,112.00 payable to MJ Distributing after providing$6,112.00 in United States currency to West Gate Bank.On or about April 7, 2014, defendant ALLEN E. PEJTHMAN, JR., obtained a cashier's check from West Gate Bank in the amount of $30,000.00 payable to Nebraska Title Company for purchase of property described as follows: Lot 4, Elm Place, an addition to Lincoln, Lancaster County, Nebraska, also known as 2705 Randolph Street, Lincoln, Nt:braska, after providing $30,000.00 in United States currency to West Gate Bank.On or about April 12, 2014, defendant ALLEN E. PEITHMAN, JR., obtained a cashier's check from West Gate Bank in the amount of $13,750.00 payable to Coast Distributing, after providing $13,750.00 in United States currency to West Gate Bank.On or about August 15, 2014, defendant CORNERSTONE PLAZA, INC. obtained a cashier's check from Union Bank and Trust Company in the amount of$7,000.00 payable to Nebraska Title after providing $7,000.00 in United States currency to Union Bank and Trust Company.264:15-cr-03091-RGK-CRZDoc # 1 Filed: 08/19/15Page 27 of 33 - Page ID # 27On or about August 18, 2014, defendant ALLEN E. PEIT.HMAN, JR., obtained. a cashier's check from Bank of the West in the amount of $2,120.00 .payable to NebraskaTitle, after providing $2,130.00 in United States currency to Bank of the West to cover the cashier's check and $10.00 fee. On or about September 3, 2014, defendant ALLENE. PEITHMAN, JR., deposited the cashier's check for $2,120.00 obtained on August 18, 2014, into Bank of the West account #xxx-xx8521 in the name of ALLEN E. PEITHMAN, JR., endorsed "Not Used for Purposes Intended."g."On or about October 21, 2014, defendant ALLEN E. PEITHMAN, JR., obtained a cashier's check in the amount of $5,228.00 from Bank of the West, payable to Kearney Coin Center. The cashier's check was drawn from Bank of the West account #xxx- xx8521 inthe name of ALLEN PEITHMAN, JR., after the deposit of $7,000.00 inUnited States cun-ency to that account on the same date.On or about January 13, 2015, defendant ALLEN E. PEITHMAN, JR., purchased a cashier's check in the amount of $4,000.00 from Wells Fargo Bank payable to "A-1 DIST"using United States cunency.On or about January 15, 2015, defendant ALLEN E. PEITHMAN, JR., purchased a cashier's check in the amount of $8,852.42 from Bank of the West payable to Union Title Company after.providing $8,863.00 in United States cunency to Bank of the West. The memo line on the cashier's check contained the notation, "4524 N 70TH ST".j.On or about January 15, 2015, defendant ALLEN E. PEITMAN, JR., purchased a cashier's check in the amount of $96,027.45 from Wells Fargo, payable to NLTA (Nebraska Land Title & Abstract). The cashier's check was purchased, in part, using a withdrawal of $86,017.45 from Wells Fargo account #xxxxxx.9707, in the name of Allen4:15-cr-03091-RGK-CRZDoc # 1 Filed: 08/19/15Page 28 of 33 - Page ID # 28'E. Peithman, Jr., dba Dirt Cheap . The memo line of the cashier's check contained the notation, "1500009." The check, along with the $1,000.00 check to NLTA described at paragraph 5(h) above were used for the purchase of an apartment complex described as follows: Lot 1 except the North 125 feet thereof, Block 4.Casino Heights, Lincoln, Lancaster County, Nebraska, commonly known as 119 S. 53rd Street, Lincoln, Lancaster County, Nebraska, and defendant AEP PROPERTIES, L.L.C. was granted a warranty deed to that property on January 20, 2015.On or about January 21, 2015, defendant ALLEN E. PEITHMAN, JR., purchased a cashier's check in the amount of $4,000.00 from Bank of the West payable to "VATRA" using $4,010.00 in United States currency to Bank of the West. The memo line on the cashier's check contained the notation, "INV #26084".On or about March 12, 2015, defendant ALLEN E. PEITHMAN, JR., PEITHMAN purchased a cashier's check in the amount of $7,277.00, payable to Ted Becker, from Bank of the West after providing $2,800.0 in United States currency to Bank of the West and writing a check to "Cash'' on his Bank of the West account xxx- xx8521 to cover the remainder of the cashier's check and fee. The memo line on thecashier's check contained the notation, "1978 Rolls Royce".,_5.On or about August 21, 2014, defendant ALLEN E. PEITHMAN, JR., used$24,000.00 in United States currency which represented the proceeds of the sale of unlawful products including controlled substances and drug paraphernalia and funds involved in mail fraud as set forth in Counts I through IX and XI, and which represented the proceeds of such unlawful activity commingled with the proceeds of the sale of lawful products to purchase a 2006 Chevrolet Corvette from Texas Hot Rides, L.L.C., in Dallas, Texas.4:15-cr-03091-RGK-CRZDoc # 1 Filed: 08/19/15Page 29 of 33 - Page ID # 29In violation of Title 18, United States Code, Sections 1956(h).COUNT XIVCommission of Crimes While on Supervised ReleaseBetween on or about June 23, 2014, and on or about August 18, 2015, defendant ALLENE. PEITHMAN, JR., committed the offenses set forth in Counts I and IV through XIII, while he was serving a term of supervised release imposed pursuant to 18 U.S.C. § 3583.In violation of Title 18, United States Code, Section 3147.FORFEITURE ALLEGATIONSl.The allegations contained in Counts I through IX and XI through XIII of this Indictment are hereby re-alleged and incorporated by reference for the purpose of alleging forfeitures pursuant to Title 31,United States Code, Section 53l7(c), Title 18, United States Code, Sections 981(a)(l )(C), 982(a)(l), Title 21, United States Code, Section 853(a) and Title 28, U,nite.d States Code, Section 246l(c).Upon conviction of the offenses listed in Counts XI through XIII ofthis Indictment, ALLEN E. PEITHMAN, JR., SHARON A. ELDER, CORNERSTONE PLAZA, INC., and AEP PROPERTIES, L.L.C., defendants herein, shall forfeit to the United Statespursuant to Title 31, United States Code, Section 5317(c) and Title 18, United States Code,ISections 981(a)(l )(C), 982(a)(l) and Title 28, United States Code, Section 2461(c) all property, real and personal, involved in the offense", and any property traceable thereto.Pursuant to Title 21, United States Code, Section 853(a), upon conviction of an offense in violation of the Controlled Substances Act, as alleged in Counts I through IX, ALLENPEITHMAN, JR., SHARON A. ELDER, CORNERSTONE PLAZA, INC., and AEP PROPERTIES, L.L.C., defendants herein, shall be jointly and severally liable to forfeit to theUnited States of America:4:15-cr-03091-RGK-CRZDoc # 1 Filed: 08/19/15Page 30 of 33 - Page ID # 30any property constituting, or derived from, any proceeds obtained, directly or indirectly as the result of such violation; andany prope1ty used or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation...4.The prope1ty subject to forfeiture pursuant to paragraphs 1-3 includes, but is notlimited to: any interest the defendants A,LLEN E. PEITHMAN, JR., SHARON A. ELDER, CORNERSTONE PLAZA, INC., and AEP PROPERTIES, L.L.C have in the following:Real PropertyPecks Grove (Subdivision of Block 1), Lot A, South 60 feet, North 85 feet, East 1/2, Lincoln, Lancaster Co.unty, Nebraska, commonly known as 1075 N. 33rd Street, Lincoln, Lancaster County, Nebraska;Lot Four (4), Elm Place, an addition to Lincoln, Lancaster County, Nebraska, commonly known as 2705 Randolph, Lincoln, Lancaster County, Nebraska;Lots 5, 6d 7, Elm Place, Lincoln, Lancaster County, Nebraska, except that portion of Lots 6 and 7 deeded to the City of Lincoln, Nebraska by virtue of Warranty Deed recorded June 13, 1978 as Inst. No. 78-15057 in the office of the Register of Deeds, Lancaster County Nebraska, commonly known as 810 South 27th Street, Linoln,Lancaster County, Nebraska;Lot C, Bignell's Replat of Lots 4, 5, 6, 7, 8 and 9, Block 54 of First Addition to N01wood Park, Lincoln, Lancaster County, Nebraska, commonly known as 4524 N. 70th Street, Lincoln, Lancaster County, Nebraska;4:15-cr-03091-RGK-CRZDoc # 1 Filed: 08/19/15Page 31of 33 - Page ID # 31Lot 1, Except the North 125 feet thereof, Block 4, Casino Heights, Lincoln, Lancaster County, Nebraska, commonly known as 119 S. 53rd Street, Lincoln, Lancaster County, Nebraska.Vehicles2006 Chevrolet Corvette, VIN #1G1YY26U565l 03906;2004 Mercedes Benz, VIN #WDBSK74F04F074207;g.2012 Chevrolet Equinox, VIN #2GNFLNEKSC6190650;Bank Accountsh.Wells Fargo business checking acc0tmt #xxxxxx9707, in the name of Allen E.Peithman, Jr., doing business as Dirt Cheap and/or AEP Properties, L.L.C.;I.Wells Fargo business savings account #xxxxxx4370 , in the name of Allen E. Peithman, Jr., doing business as Dirt Cheap and/or AEP Properties, L.L.C.;J .Union Bank & Trust personal checking account #xxxx3901, in the name of Sharon A. Elder;Union Bank & Trust business checking account #xxxx0947, inthe name of Cornerstone Plaza, Inc.;Controlled Substances, Drug Paraphernalia, and/or Misbranded Drugs3,687 pipes, dugouts, glass pipes, bongs, and water pipes;m.45 containers of rolling papers/wrapsn.572 packages of potpourriMoney JudgmentA sum of money equal to the total amount of the proceeds of the violations of the Controlled Substances Act, as set out in Counts I through IX.4:15-cr-03091-RGK-CRZDoc # 1 Filed: 08/19/15Page 32 of 33 - Page ID # 32A sum of money equal to the total amount involved in the mail fraud conspiracy as set out in Count XI.o.A sum of money equal to the total amount involved in the structuring conspiracy offense, Count XII.p.A sum of money equal to the total amount involved in the money laundering conspiracy offense, Count XIII.Ifany of the property described above, as a result of any act or omission of the defendants:cannot be.located upon the exercise of due diligence;has been transferred or sold to, or deposited with, a third party;has been placed beyond the jurisdiction of the coUlt; d'.has been substantially diminished in value; ore.has been commingled with other property which cannot be divided without difficulty,the United States of America shall be entitled to forfeiture of substitute property pursuant to Title 21, United States Co<le, Section 853(p) as incorporated by Title 31, United States Code, Section 5317(c), Title 18, United States Code, Section 982(b)(l), and Title 28, United States Code, Section 246 1(c).In violation of Title 18, United States Code, Sections 981(a)(l)(C) and 982(a)(l), Title 21, United States Code, Sections 853(a)(l) and 853(a)(2), Title 28, United States Code, Section 2461(c) and Title 31, United Staes Code, Section 5317(c).4:15-cr-03091-RGK-CRZDoc # 1 Filed: 08/19/15Page 33 of 33 - Page ID # 33DGUnited States Attorney District of NebraskaThe United States of America requests that trial of this case be held in Lincoln, Nebraska, pursuant to the rnles of this Court.33 ................
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