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Tom Brennan, Wire Fraud, Iowa 2017

Three Nebraska farmers who sold non-organic grain as organic have pleaded guilty to a federal crime in Iowa.

Tom Brennan, 70, James Brennan, 40, and Mike Potter, 41, all from Overton, Nebraska, were convicted of one count of wire fraud in federal court in Cedar Rapids, Iowa, on an unspecified date.

The trio admitted to growing grain between 2010 and 2017 that was not organic, but was marketed and sold as organic. They knew the grain was being sold as organic, despite not being grown organically.

The farmers received more than $2.5 million for the grain during the 7-year period. Each face a possible maximum sentence of 20 years’ imprisonment, at least a $250,000 fine, and up to three years of supervised release following any imprisonment.

Assistant United States Attorneys Jacob Schunk and Anthony Morfitt are prosecuting the case, which was investigated by the United States Department of Agriculture – Office of Inspector General and the Federal Bureau of Investigation.

The case file numbers are 18-CR-2058, 18-CR-2059, and 18-CR-2060. The farmers were released on bond pending further proceedings.

The sentencing date will be set after a presentence report is prepared by United States District Court C.J. Williams.

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