Federal Grand Jury Returns Indictments

Madison, WI—A federal grand jury in the Western District of Wisconsin, sitting in Madison, returned the following indictments today. A charge is merely an accusation, and a defendant is presumed innocent until and unless proven guilty.

Madison Man Charged with Telephone Threat

William O. Diederich, 61, Madison, Wisconsin, is charged with using a telephone to make a threat to damage or destroy a building and kill or injure individuals by an explosive. The indictment alleges that on February 24, 2012, the defendant made a telephone threat regarding a building in Madison.

Diederich was arrested on May 18 at a residence in Pickerel, Wisconsin, and was originally charged with this offense in a complaint filed in U.S. District Court on May 17.

If convicted, Diederich faces a maximum penalty of 10 years in federal prison. The charge against him is the result of an investigation by the Madison Police Department and Federal Bureau of Investigation. The prosecution of this case has been assigned to Assistant U.S. Attorney Jeffrey M. Anderson.

Janesville Man Charged with Theft from a Pension Plan

David R. Biggerstaff, 55, Janesville, Wisconsin, is charged with embezzling from an employee pension benefit plan. The indictment alleges that from October 2007 through January 2009, the defendant stole $25,194 from the Premier Vending Inc. 401(k) Plan, formerly known as the Owen Vending Inc. 401(k) Plan, by withholding employee contributions to the plan and failing to make payments to the plan on behalf of those employees. At the time of the alleged offense, Biggerstaff was the president of Premier Vending Inc., formerly known as Owen Vending Inc. in Janesville, and was the trustee for the company’s pension plan.

If convicted, Biggerstaff faces a maximum penalty of five years in federal prison. The charge against him is the result of an investigation by the Chicago regional office of the U.S. Department of Labor, Employee Benefits Security Administration. The prosecution of this case has been assigned to Assistant U.S. Attorney Peter M. Jarosz.

Two Clinton Men Face Cocaine Charges

Jose S. Espinoza, 30, Clinton, Wisconsin, is charged with distributing cocaine and attempting to possess 500 grams or more of cocaine with intent to distribute. His brother, Johnny Espinoza, 31, also of Clinton, is charged with attempting to possess 500 grams or more of cocaine with intent to distribute. The indictment alleges that Jose Espinoza distributed cocaine on January 27, 2012, and that the two men attempted to possess cocaine on July 24, 2012.

If convicted, the two defendants face a mandatory minimum penalty of five years and a maximum penalty of 40 years in federal prison. The charges against them are the result of an investigation by the Drug Enforcement Administration; Beloit Police Department; Wisconsin Department of Justice, Division of Criminal Investigation; Stateline Area Narcotics Team; Rockford Police Department; FBI Safe Streets Task Force; Rock County Sheriff’s Department; and Illinois State Police. The prosecution of this case has been assigned to Assistant U.S. Attorney Elizabeth Altman.

Clayton Man Charged with Failing to Register as a Sex Offender

Jerry J. Kirk, 46, Clayton, Wisconsin, is charged with traveling from Minnesota to Wisconsin and failing to register and update his registration as required by the Sex Offender Registration and Notification Act. The indictment alleges that he failed to register as required between September 12, 2011 and January 23, 2012.

If convicted, Kirk faces a maximum penalty of 10 years in federal prison. The charge against him is the result of an investigation by the U.S. Marshals Service. The prosecution of this case has been assigned to Assistant U.S. Attorney Paul W. Connell.

Two Charged with Illegal Possession of a Firearm

James Newman, 28, and James Misleveck, 18, are charged with being felons in possession of a firearm. The indictment alleges that on July 18, 2012, the defendants possessed a 12-gauge shotgun.

Newman and Misleveck were originally charged in a complaint filed in U.S. District Court in Madison on July 25, which alleged that after escaping from the Black River Falls Correctional Center on July 18, the defendants stole a shotgun from a vehicle parked at a residence in Black River Falls. The defendants were arrested on July 24 in Florida.

If convicted, Newman and Misleveck each face a maximum penalty of 10 years in federal prison. The charge against them is the result of an investigation by the Wisconsin Department of Justice, Division of Criminal Investigation; Jackson County Sheriff’s Department; Tomah Police Department; Sparta Police Department; Juneau County Sheriff’s Department; Monroe County Sheriff’s Department; Wisconsin State Patrol; Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms, and Explosives; and Broward County (Florida) Sheriff’s Department. The prosecution of this case has been assigned to Assistant U.S. Attorney Rita M. Rumbelow.

La Crosse Man Faces Additional Child Pornography Charges

Jeremy Hogenkamp, 35, La Crosse, Wisconsin, is charged in a superseding indictment with four counts of possession of child pornography and two counts of distribution of child pornography. Hogenkamp was indicted on November 16, 2011, and charged with two counts of distribution and one count of possession of child pornography. The superseding indictment alleges that Hogenkamp possessed child pornography on February 8 and March 24, 2009, and on January 5 and February 4, 2010. He is alleged to have distributed child pornography on December 31, 2009, and January 5, 2010. A trial date has been set for October 22, 2012, before U.S. District Judge Barbara B. Crabb.

If convicted, Hogenkamp faces a maximum penalty of 10 years in federal prison on each possession charge and a mandatory minimum penalty of five years and a maximum of 20 years on each distribution charge. The charges against him are the result of an investigation by the Wisconsin Department of Justice, Division of Criminal Investigation; Viroqua Police Department; Federal Bureau of Investigation; U.S. Immigration and Customs Enforcement; and Toronto Police Department. The prosecution of this case has been assigned to Assistant U.S. Attorney Timothy M. O’Shea.

Mexican Citizen Charged with Illegally Re-Entering the U.S.

Santiago Guatemala-Pacheco, 41, a citizen of Mexico found in Watertown, Wisconsin, is charged with re-entering the United States after previously being deported. The indictment alleges that he was found in the U.S. on July 17, 2012.

If convicted, Guatemala-Pacheco faces a maximum penalty of 20 years in federal prison. The charge against him is the result of an investigation by U.S. Immigration and Customs Enforcement. The prosecution of this case has been assigned to Assistant U.S. Attorney Rita M. Rumbelow.