Judge sentences last family member involved in smuggling guns to Lebanon

CEDAR RAPIDS - Bassem Herz, the last family member convicted of smuggling an estimated 252 guns to Lebanon, was sentenced Monday to eight years in federal prison after three previous hearings had been continued based on issues involving his testimony.

Herz, 31, of Cedar Rapids, was identified as a leader in the gun conspiracy but he received less time than his co-conspirators based on his lack of criminal history and his charges in the offense. He also was responsible for purchasing fewer than 200 firearms while two others purchased more than 200, which increased their prison time. Herz pleaded guilty to firearms conspiracy, conspiracy to commit money laundering and violation of the Arms Export Control Act, which is not having a license to export firearms.

Herz also was ordered to forfeit $48,575 in proceeds from the criminal activity. The money can come from any or all of those found guilty in the case.

The other family members convicted for their roles in smuggling weapons in 2014 and 2015 are Bassem's brother, Ali Al Herz, 51, sentenced to 27 years; Ali's son, Adam Al Herz, 23, sentenced to 20 years; and Bassem Herz's wife, Sarah Zeaiter, 24, sentenced to seven years in prison.

The initial investigation led to the March 2015 seizure of 53 guns and thousands of rounds of ammunition concealed inside Bobcat skid loaders within a shipping container at the Norfolk, Virginia, seaport bound for Lebanon. A subsequent investigation led to the May 2015 seizure of a second shipping container in Cedar Rapids, also destined for Lebanon, with 99 guns and ammunition concealed inside skid loaders.

The group had previously sent two similar shipments to Lebanon in March and August 2014, according to evidence presented at previous hearings. Each of the containers had been loaded and shipped from Midamar Corp. in Cedar Rapids.

Midamar owners or employees have not been charged in this conspiracy.

Evidence presented during hearings showed the containers were bound for southern Lebanon, which is controlled by Hezbollah, a terrorist organization. But the evidence showed none of the family was part of the terrorist group. Prosecutors said the motive for this crime was greed because the guns could be sold for 10 times their value in Lebanon than in the United States.

U.S. District Chief Judge Linda Reade said there were several aggravating factors she considered when sentencing Herz, including him making false and inconsistent statements during testimony at sentencing hearings in October and November. The false statement most concerning to her was Herz's assertion that authorities came into his home to arrest him and 'beat me up and threw my baby to the floor,” which was a 'flat out lie,” Reade said.

Records at the jail show differently and he perjured himself under oath, Reade said. Herz then attempted to 'backtrack” when he testified and said the door hit him, which gave him a black eye.

During Herz's testimony at the Oct. 13 hearing, Reade stopped the questioning when Herz made that statement and asked Assistant U.S. Richard Murphy if that happened. Murphy consulted with several agents in the courtroom and they said no. Murphy then showed Herz's booking photo to Reade and there was no evidence of a black eye or other injury to his face.

On Oct. 14, when the sentencing resumed, Herz then changed his testimony after prosecutors produced booking records from his arrest, along with several reports written by officers.

Murphy said Herz made other false statements during his testimony at the hearings in an attempt to minimize his role in the conspiracy, and he asked Reade to increase his guideline sentencing.

Alfredo Parrish, Herz's attorney, said his client made mistakes, but claimed prosecutors were vindictive and attempted to present Herz in a 'bad light” with 'unfair cross examination.”

Herz, during the hearing, said what he did was 'complete stupidity.” He admitted to the crime and said he blames himself every day for causing pain to his wife and son.

Herz apologized to his family, the court and for making false statements about police officers.

Reade said she considered the false statements in her sentencing but she decided not to go up in the guideline range. She did, however, sentence him at the top of what was allowed by those guidelines.

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