CEDAR RAPIDS, IA – An Iowa man accused of running a treacherous dog kennel is facing prison and fines for lying to federal officials about his financial status as they attempted to collect a monetary judgement against him.
Gerhard L. Felts, aka Gary Felts, age 61, from Kingsley, Iowa, pled guilty on July 13, 2016 to one count of making false statements to the United States, in violation of 18 U.S.C. § 1001. The charges are contained in an Indictment unsealed on June 6, 2016, in United States District Court in Cedar Rapids.
The United States obtained a civil judgment against Gary Felts dba Black Diamond Kennel, based upon the conditions of his dog kennel. Felts repeatedly provided false financial information to the United States in connection with the United States’ efforts to collect the debt. In doing so, Felts failed to disclose a checking account opened in April 2011, a savings account opened in April 2013, and his receipt of workers compensation payments in the amount of $25,000 in April 2013.
Felts faces a maximum penalty of (1) not more than 5 years’ imprisonment without the possibility of parole; (2) a fine of not more than $250,000; (3) a mandatory special assessment of $100; and (4) a term of supervised release of up to 3 years.
“The United States takes very seriously its obligation to collect debts from those who violate the Animal Welfare Act. False statements in that process will not be tolerated,” stated United States Attorney Kevin W. Techau.
According to court documents, during several inspections of his Black Diamond dog kennel, inspectors found that the housing facilities were not kept free of an accumulation of trash and debris; dogs in outdoor housing facilities were not provided with adequate protection from direct sunlight and the effect of wind, rain, and snow; the surfaces of outdoor housing facilities were not impervious to moisture; the primary enclosures had sharp points or edges which could injure the animals; the floors were not constructed in such a manner to protect the animals from injury and to prevent the animals’ feet and legs from passing through openings in the floor.
On June 5, 2010, a United States Department of Agriculture Administrative Law Judge entered a Default Decision and Order (Administrative Decision”) against Felts ordering him to cease and desist from violations of the AWA, suspending his license, and imposing a civil penalty of $18,938.00. A hearing clerk sent a cover letter and the Administrative Decision to Felts by certified mail. On June 14, 2010, Felts received the letter and Administrative Decision. Felts did not appeal the Administrative Decision and it became final and effective on July 19, 2010, pursuant to 7 C.F.R. §§ 1.142 and 1.145. As of February 7, 2011, the total amount Felts owed on the Administrative Decision was $19,474.57. This amount includes principal of $18,938.00, together with interest of $63.12 to January 5, 2011, and penalties of $473.45 to January 31, 2011. Interest continues to accrue at an annual rate of one percent and penalties continue to accrue at an annual rate of six percent. On February 24, 2011, a final demand for payment of the civil penalty was sent to Felts.
