District of Idaho
Press releases recorded for this federal judicial district.
Two Men from Hope, Idaho, Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
COEUR D’ALENE – Morgan Kenney, 35, and Zachary Craig Carlson, 30, of Hope, Idaho, were sentenced to federal prison for conspiracy to distribute methamphetamine, announced Acting U.S. Attorney Rafael M. Gonzalez, Jr., today. Senior United States Ninth Circuit Judge Richard C. Tallman sentenced Kenney to 52 months and Carlson to 37 months. Kenney and Carlson, upon completion of their time, were ordered to serve an additional three years of supervised release.
According to court records, in 2015 and 2016, Kenney and Carlson conspired with Larry Junior Hillbroom, 37, and Sean Robert Wathen, 49, to smuggle methamphetamine through international airports between North Idaho and the Pacific islands of Guam and Palau. Kenney and Carlson used several different methods to smuggle the drugs, including shampoo containers and carrying the substance on their person. Once in Guam or Palau, Kenney and Carlson would coordinate with locals to sell the methamphetamine. Law enforcement officers learned of the conspiracy and were able to investigate and ultimately arrest Kenney, Carlson, and their coconspirators.
The two remaining defendants, Hillbroom and Wathen, are currently scheduled for trial in November at the federal courthouse in Coeur d’Alene.
Acting U.S. Attorney Gonzalez credited the cooperative efforts of the Drug Enforcement Administration, Bonner County Sheriff's Office, Bureau of Indian Affairs, Coeur d'Alene Police Department, Idaho State Police, U.S. Border Patrol, and the U.S. Marshals Service, which led to charges.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
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Caldwell Man Pleads Guilty to Sexual Exploitation of a ChildRead the Press Release
BOISE – Conrad Hull, 30, of Caldwell, pleaded guilty to two counts of sexual exploitation of a child, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. Hull was indicted by a Boise federal grand jury on November 10, 2020.
According to court records, in October 2020, the Idaho Internet Crimes Against Children (ICAC) Task Force received a Cybertip from Kik Messenger. According to the Cybertip, child pornography had been uploaded to a Kik account that was later identified as belonging to Hull.
A state magistrate judge issued a search warrant for Hull’s residence in Caldwell. Law enforcement executed the search warrant and seized a cellphone belonging to Hull. A forensic examination of the cellphone revealed several files of child pornography, including files depicting a 5-year-old child and a 7-year-old child that Hull admitted producing. Hull told law enforcement that he used his cellphone to take explicit images of the two children so that he would have more files to trade on Kik. Hull admitted to distributing the images of the two children to obtain additional files of child pornography.
Hull is scheduled to be sentenced on September 16 and faces a mandatory minimum of 15 years and up to 30 years in federal prison. U.S. District Judge B. Lynn Winmill will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. As part of his plea agreement, Hull agreed to forfeit the cellphone he used in the commission of the offense.
Acting U.S. Attorney Gonzalez credited the cooperative efforts of the Idaho ICAC Task Force, Caldwell Police Department, and the Canyon County Prosecutor’s Office, which led to charges.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. As part of Project Safe Childhood, the U.S. Attorney’s Office for the District of Idaho and the Idaho Attorney General’s Office partner to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Twin Falls Man Sentenced to 30 Years in Federal Prison for Distribution and Possession of Child PornographyRead the Press Release
BOISE - Miles Patrick Barclay, 47, of Twin Falls, was sentenced in U.S. District Court to 360 months in federal prison for distribution and possession of child pornography, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. U.S. District Judge B. Lynn Winmill also ordered Barclay to serve 25 years of supervised release following his prison sentence. Barclay pleaded guilty to the charges on October 29, 2020.
According to court records, in June 2019, Barclay began communicating online with an undercover detective posing as a 14-year-old female. Barclay engaged in sexually explicit conversation with the 14-year-old and asked her to take explicit images of herself and send them to him. Barclay also sent the 14-year-old images and videos of child pornography.
A federal magistrate judge issued a search warrant for Barclay’s residence in Twin Falls. Members of the Idaho Internet Crimes Against Children (ICAC) Task Force executed the search warrant and seized two cellphones and two laptop computers from the residence. A forensic examination of the devices revealed hundreds of files of child pornography. Barclay admitted to communicating online with an underage female and to trading child pornography with other individuals through the internet.
At sentencing, Judge Winmill also ordered Barclay to pay restitution of $27,000 to victims in the images he possessed and to forfeit the electronic devices used in the commission of the offense. As a result of conviction, Barclay will be required to register as a sex offender.
This case was investigated by the Idaho ICAC Task Force and the Rupert Police Department with assistance from the U.S. Marshals Service, the United States Postal Inspection Service, the Twin Falls Police Department, and the Idaho Department of Correction Probation and Parole.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. As part of Project Safe Childhood, the U.S. Attorney’s Office for the District of Idaho and the Idaho Attorney General’s Office partner to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Owner of a Tanker Truck Repair Company Pleads Guilty to Violating Safety Standards and Making False Statement to OSHA InvestigatorRead the Press Release
POCATELLO – Loren Kim Jacobson, 65, of Pocatello, and owner of a tanker testing and repair company, KCCS Inc., pleaded guilty to making an illegal repair to a cargo tanker in violation of the Hazardous Materials Transportation Act (HMTA) and lying to the Occupational Safety and Health Administration (OSHA), Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. The case arose from an explosion that occurred at KCCS during a cargo tanker repair on August 14, 2018, severely injuring a KCCS employee.
According to the plea agreement, the KCCS employee’s welder flame pierced the skin of the tanker, which contained residual flammable material, resulting in the tanker exploding. After the explosion, an OSHA investigator interviewed Jacobson about the circumstances surrounding the accident, as part of an investigation into whether Jacobson had violated OSHA safety standards for cargo tanker repair work. Jacobson made a materially false statement to the OSHA investigator during that interview, namely that his employee was merely an “observer,” not an employee, and that KCCS did not have any employees. This was an important point because OSHA requirements only apply to “employers.” Jacobson lied about not having employees to evade legal repercussions and penalties for his violation of various Occupational Safety and Health Act safety standards during the repair that resulted in the explosion.
“The terrible injuries involved this case are a stark reminder of the need for workplace safety requirements and enforcement,” said Gonzalez. “I commend the investigators at OSHA, the Department of Transportation, and the Environmental Protection Agency for uncovering the evidence in this case. Working with our partners, our office will continue to hold employers accountable for criminally endangering their employees.”
Jacobson also admits in the plea agreement that he did not possess the necessary certification to conduct cargo tanker repairs that he regularly conducted. Under the HMTA, all repairs to the skin of a cargo tanker require that the repairperson hold an “R-stamp,” which can be obtained only after meeting extensive training requirements. The purpose of this requirement is to ensure that those conducting repairs on cargo tankers (which often haul flammable materials) have adequate training and expertise to do so safely. Jacobson admitted that he had a regular practice of making repairs requiring an R-stamp, despite knowing he did not have one, and that he would send employees into the cargo tankers to weld patches from the inside of the tanker so that the illegal repairs would not be visible from the outside. Jacobson did not follow OSHA safety standards for protecting employees from such dangerous “confined space entries.” According to the plea agreement, Jacobson directed his employee to conduct a hidden repair of this type on the tanker that subsequently exploded, in violation of both OSHA safety standards and the R-stamp requirement.
“The Environmental Crimes Section’s Worker Safety Initiative is designed to make sure that employers like Loren Jacobson, who shirk safety requirements and put their employees, customers, and the public at risk, are held accountable for their actions,” said Acting Assistant Attorney General Jean Williams for the Justice Department’s Environment and Natural Resources Division. “We are committed to protecting the lives and health of those who do the important work of keeping safe cargo vehicles on the road. This prosecution makes clear to others who might be tempted to ignore these certification and safety programs that they will face felony consequences for putting their employees and the public in danger. Our thanks go out to the investigators from OSHA, the Environmental Protection Agency, and the Department of Transportation who worked diligently to bring these violations to light. And our thoughts are with the victim of this horrible accident.”
“Loren Jacobson lied to Occupational Safety and Health Administration Investigators to cover up the extreme risks he had been taking with his employees,” said Special Agent in Charge Quentin Heiden of the U.S. Department of Labor - Office of Inspector General, Los Angeles. “The Department of Labor’s Office of Inspector General will continue to work with our law enforcement partners to ensure the safety of American workers.”
“Today’s guilty plea is a sober reminder that endangering the health and safety of commercial industry workers and the public by violating federal hazardous materials transportation requirements will not be tolerated,” said Special Agent in Charge Cissy Tubbs of the Department of Transportation Office of Inspector General - Western Region Office of Investigations. “We offer our sincerest condolences to the victim of the August 2018 explosion and remain steadfast in our commitment to working with our law enforcement and prosecutorial partners to hold accountable those who flaunt federal requirements to place financial gain above public safety.”
“OSHA’s mission is to ensure that every American comes home safe and sound after the day’s work,” said Boise OSHA Director David Kearns. “When an employer lies to OSHA, he passes the buck, leaving the door open to more workplace injuries and deaths. No one should be killed or injured for a paycheck. Dishonesty is not a means to protect workers. OSHA was pleased to work with our investigative partners and the Department of Justice to hold this employer criminally liable for his deceit.”
Jacobson is scheduled to be sentenced on August 25, 2021 before U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
Both the HMTA violation and the false statement offenses that Jacobson pleaded guilty to are punishable by up to five years in prison, up to three years of supervised release, and a fine of up to $250,000.
Trial Attorney Cassandra Barnum of the Justice Department’s Environmental Crimes Section and Assistant U.S. Attorney Josh Hurwit of the District of Idaho are prosecuting this case. The investigation was handled by the Department of Transportation, the Environmental Protection Agency, and OSHA.
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Human Resources Manager Pleads Guilty to Defrauding Employer Through Payroll and COVID-19 Testing SchemesRead the Press Release
BOISE – Douglas Wold, 48, of Meridian, pleaded guilty to one count of wire fraud, one count of mail fraud, and one count of money laundering based on schemes to defraud his employer, Fry Foods, Inc., during the height of the COVID-19 pandemic, announced Acting U.S. Attorney Rafael M. Gonzalez, Jr., today. Sentencing is set for August 27, 2021, before Chief U.S. District Judge David C. Nye at the federal courthouse in Boise.
According to court records, Wold worked as a Human Resources Manager for Fry Foods, Inc. in Ontario, Oregon, and executed two separate schemes.
First, beginning in at least May 2020 and continuing through August 2020, Wold committed wire fraud by submitting fraudulent payroll requests for individuals who never worked at Fry Foods or who no longer worked at Fry Foods at the time of the payroll requests. Payroll checks were processed based on Wold’s requests. Wold then deposited these fraudulent payroll checks into his own bank accounts.
Second, Wold committed mail fraud with respect to a COVID-19 testing program at Fry Foods’ Weiser, Idaho location in May 2020. Wold issued a fraudulent invoice to Fry Foods in the name of his business, Hala Lallo Health, for $39,995 when, in fact, the testing was provided by another entity and at a greatly lower cost. When Fry Foods paid Hala Lallo Health for the testing, Wold deposited the funds into a bank account he controlled and the company that actually provided the testing was not paid.
Wold committed the offense of engaging in monetary transactions in property derived from unlawful activity by transferring $69,116.48 in proceeds from his frauds for the purchase a speedboat and trailer.
Wire fraud and mail fraud carry a penalty of up to 20 years in federal prison, a maximum fine of $250,000, and up to three years of supervised release. Money laundering carries a penalty of up to ten years in federal prison, a maximum fine of $250,000, and up to three years of supervised release.
This case was investigated by Internal Revenue Service – Criminal Investigation and the Malheur County Sheriff’s Office.
For information about the Department of Justice’s efforts to stop illegal COVID-19-related activity, visit www.justice.gov/coronavirus. For the most up-to-date information on COVID-19, consumers may visit the Centers for Disease Control and Prevention (CDC) and WHO websites.
The public is urged to report suspected fraud schemes related to COVID-19 (the Coronavirus) to the National Center for Disaster Fraud (NCDF) hotline by phone at (1-866-720-5721) or via an online reporting form available at www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form
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Acting U.S. Attorney Gonzalez Recognizes Law Enforcement Partners During National Police WeekRead the Press Release
BOISE— In honor of National Police Week, Acting U.S. Attorney Rafael M. Gonzalez, Jr. recognizes the service and sacrifice of federal, state, local, and Tribal law enforcement. This year, the week is observed Sunday, May 9 through Saturday, May 15, 2021.
“This week is a time to honor our law enforcement officers who have made the ultimate sacrifice in service to our nation,” said Attorney General Garland. “I am constantly inspired by the extraordinary courage and dedication with which members of law enforcement act each day, putting their lives on the line to make our communities safer. To members of law enforcement and your families: we know that not a single day, nor a single week, is enough to recognize your service and sacrifice. On behalf of the entire Department of Justice, you have our unwavering support and eternal gratitude.”
“This is a time for all of us to honor and pay tribute to our law enforcement heroes who gave the ultimate sacrifice while protecting our communities,” said Acting U.S. Attorney Gonzalez. “We will never forget their sacrifice and we will keep their families and fellow officers in our hearts and minds. My heartfelt condolences go out to the family of Bonneville County Deputy Sheriff Wyatt Christopher Maser, whose name was inscribed on the National Law Enforcement Officers Memorial this year. His death last May was a true tragedy and a reminder of the risk our law enforcement partners take daily.”
In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty.
Each year, during National Police Week, our nation celebrates the contributions of law enforcement from around the country, recognizing their hard work, dedication, loyalty, and commitment to keeping our communities safe. This year the COVID-19 pandemic has highlighted law enforcement officers’ courage and unwavering devotion to the communities that they have sworn to serve.
During the Roll Call of Heroes, a ceremony coordinated by the Fraternal Order of Police (FOP), more than 300 officers will be honored. Based on data submitted to and analyzed by the National Law Enforcement Officer Memorial Fund (NLEOMF), of the law enforcement officers who died nationwide in the line of duty in 2020, nearly 60 percent succumbed to COVID-19. Here in the District of Idaho, one law enforcement officer died in the line of duty last year. Among the 394 names of law enforcement officers added this year to the National Law Enforcement Officers Memorial in Washington, D.C., is one Idaho law enforcement officer – Bonneville County Deputy Sheriff Wyatt Christopher Maser (EOW 5/18/2020).
Additionally, according to statistics reported by the Federal Bureau of Investigation (FBI) through the Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 46 law enforcement officers died as a result of felonious acts and 47 died in accidents in 2020. LEOKA statistics can be found on FBI’s Crime Data Explorer website.
The names of the 394 fallen officers who have been added in 2020 to the wall at the National Law Enforcement Officer Memorial will be read on Thursday, May 13, 2021, during a Virtual Candlelight Vigil, which will be live streamed to the public at 8:00 pm EDT. The Police Week in-person public events, originally scheduled for May, have been rescheduled due to ongoing COVID-19 concerns to October 13-17, 2021. An in-person Candlelight Vigil event is scheduled for October 14, 2021.
Those who wish to view the Virtual Candlelight Vigil on May 13, 2021, can watch on the NLEOMF YouTube channel found at www.youtube.com/user/TheNLEOMF. The FOP’s Roll Call of Heroes can be viewed at www.fop.net. To view the schedule of virtual Police Week events in May, please view NLEOMF’s Police Week Flyer.
To learn more about National Police Week in-person events scheduled for October, please visit www.policeweek.org.
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Virginia Businessman Sentenced for Bribery of FBI OfficialRead the Press Release
POCATELLO – Robert Bailey, 63, of Centreville, Virginia, was sentenced to 18 months in federal prison for paying a bribe to a public official, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. U.S. District Judge B. Lynn Winmill also imposed a $100,000 fine and a term of three years of supervised release to follow Bailey’s prison sentence.
“When private individuals perform contracts for the government, they effectively become public servants who must uphold a public trust,” said Gonzalez. “Mr. Bailey breached that trust and now faces the consequences of his actions. The Court’s 18-month sentence sends the appropriate message to Mr. Bailey and other similarly-situated government contractors: take the public trust seriously or wind up behind bars.”
“Bailey bribed an FBI Contracting Officer Representative in order to gain personal advantages in the contracting process. Today’s sentencing shows that those who seek advantages through disingenuous means like bribes will be held accountable,” said Douglas B. Bruce, Special Agent in Charge of the Department of Justice Office of the Inspector General Denver Field Office.
According to court records, in 2001, Bailey purchased L-1, a construction management and operations company located in Chantilly, Virginia. In 2008, Bailey became a business acquaintance of a Federal Bureau of Investigation (FBI) employee when they worked together on an FBI construction project. The FBI employee, who held the position of Management and Program Analyst, was responsible for managing construction and services contracts for FBI buildings across the country.
According to court records, in 2017, the FBI broke ground on the construction of a data center in Pocatello, Idaho (the Pocatello Data Center project). The Pocatello Data Center project involved construction of a two-building, 140,000 square-foot complex that would accommodate data halls containing computer equipment and office space. The purpose was to consolidate multiple FBI data centers from across the country and improve efficiency and cyber-security. In 2017, the FBI employee became the Contracting Officer Representative (COR) for the Pocatello Data Center project. In that position, the FBI employee had management and oversight responsibilities over the construction of the Pocatello Data Center.
According to court records, in 2016 through 2018, Bailey and L-1 made payments, and gave items of value, to the FBI employee. These payments included 18 deposits totaling $120,000 into a bank account controlled by the FBI employee. From this account, the FBI employee made payments on a personal loan, home mortgage, car, credit card, and vacation travel costs, among other personal expenditures at retail stores, such as a pair of diamond earrings that cost $5,300. In addition, Bailey and L-1 provided the following items of value to the FBI employee: a fiftieth birthday party in Dallas, Texas, including first-class airfare, hotel accommodations, and tickets to a Dallas Cowboys football game; a beach house rental in Nags Head, North Carolina; first-class Amtrak train tickets; invitations to a L-1 company holiday party; and tickets to a Washington Nationals baseball game, among other gratuities. The total value of the payments and gratuities was $128,128.
According to court records, Bailey and L-1 made these payments, and gave these items of value, to the FBI employee with the intent to influence the FBI employee in performing official acts at FBI to benefit L-1 on the Pocatello Data Center project. These official acts included the following: the FBI employee seeking and receiving authorization for approximately $16,000 monthly per diem payments from the FBI to Bailey for L-1 employees who stayed at Bailey’s house instead of a hotel; the FBI employee soliciting and including Bailey’s edits in the statement of work to a $12.2 million construction and services bridge contract (related to the Pocatello Data Center project) that the FBI later awarded to S-1 (as general contractor) and L-1 (as subcontractor); and the FBI employee convincing his FBI superiors to pay L-1 for its work on the bridge contract at higher Washington, D.C. metropolitan-area labor rates, rather than lower Idaho labor rates.
This case was investigated by the Department of Justice Office of the Inspector General.
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Plummer Idaho Man Sentenced to 23 Years for Child ExploitationRead the Press Release
COEUR D’ALENE - Carlos Manuel Marquez-Pierce, 23, of Plummer, Idaho, and an enrolled member of the Coeur d’Alene Indian Tribe, was sentenced in U.S. District Court to 23 years in federal prison for production of child pornography and sexual abuse of a minor, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. U.S. District Judge William Fremming Nielsen, presiding in Spokane, Washington, also ordered Marquez-Pierce serve supervised release for his life following his prison sentence. Marquez-Pierce pleaded guilty to the charge on January 25, 2021. The Idaho case for sexual abuse of a minor, and the Eastern District of Washington case for production of child pornography, were consolidated for plea and sentencing.
According to court records, Marquez-Pierce committed sexual offenses against three minor victims, ages 11 and 12, over the course of nearly two years. Marquez-Pierce recorded sexually explicit conduct with one victim and distributed some of the produced images to others. As a result of his conviction, Marquez-Pierce will be required to register as a sex offender.
This case was investigated by the Spokane and Coeur d’Alene Resident Offices of the Federal Bureau of Investigation, the Coeur d’Alene and Spokane Tribal Police Departments, and the Spokane Police Department, with assistance from the Coeur d’Alene Tribe’s Social Services. The cases were charged by the United States Attorney’s Offices in the District of Idaho and Eastern District of Washington, in cooperation with the Spokane County Prosecutor’s Office.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Lewiston Drug Trafficker Sentenced to over 26 YearsRead the Press Release
COEUR D’ALENE – Christopher William Bounds, 38, of Lind, Washington, was sentenced in U.S. District Court to 322 months in federal prison, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. Chief U.S. District Judge David C. Nye also ordered Bounds to serve ten years of supervised release following his prison sentence, pay a $2,400 fine, and ordered the forfeiture of sixteen firearms. In August 2020, a federal jury sitting in Coeur d’Alene convicted Bounds on six federal charges, including conspiracy to distribute methamphetamine and heroin, unlawful possession of a firearm by a drug addict, unlawful possession of a firearm by a felon, and for possessing a firearm in furtherance of drug trafficking.
Evidence presented during the four-day trial established that Quad Cities Drug Task Force detectives worked with the Nez Perce County Sheriff’s Office to stop Bounds’ vehicle when Bounds was leaving Lewiston, Idaho. Officers searched Bounds’ vehicle and seized two pounds of pure methamphetamine, one pound of heroin, cash, and sixteen loaded firearms. Testimony at trial showed that the drugs were valued at over $32,000. Bounds’ cell phone was also seized and a search revealed that Bounds was a wholesale distributor of methamphetamine and heroin in Idaho and Eastern Washington. The jury also heard evidence that Bounds used an assault rifle for protection when meeting with cartel-level drug traffickers a couple days before the traffic stop. Bounds has multiple felony convictions which prohibit him from possessing firearms.
Multiple law enforcement agencies contributed to the prosecution of this case including the Nez Perce County Prosecutor’s Office, Lewiston Police Department, Nez Perce County Sheriff’s Office, Clarkston Police Department, and Whitman County Sheriff’s Office, who are all part of the Quad Cities Drug Task Force, as well as the Federal Bureau of Investigation, Drug Enforcement Administration, and Bureau of Alcohol, Tobacco, Firearms and Explosives, who are not part of the task force but participate with it on a regular basis. The Quad Cities Drug Task Force is a multi-jurisdictional group of law enforcement officers working together to target drug trafficking in Lewiston and Moscow, Idaho, and Clarkston and Pullman, Washington.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
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Meridian Man Pleads Guilty to Tax EvasionRead the Press Release
BOISE – Scott Koritansky, 54, of Meridian, pleaded guilty to income tax evasion, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. Sentencing is set for July 27, 2021 before Chief U.S. District Judge David C. Nye at the federal courthouse in Boise.
According to court documents, from 2004 through 2010, Koritansky earned combined income totaling over $500,000 but did not pay any taxes those years. The Internal Revenue Service (IRS) conducted an investigation and notified Koritansky that he owed taxes for calendar years 2004 through 2010. Koritansky took numerous steps to conceal his income and evade his tax obligations. For example, Koritansky never maintained his own bank account but deposited his business income into the accounts of others and directed them to make purchases on his behalf and pay his own personal expenses using funds in the bank accounts of these third parties. The expenditures included rent payments, private school tuition payments, and checks made out to cash.
Tax evasion is punishable by up to five years in federal prison, up to three years of supervised release, and a fine of up to $250,000.
This case was investigated by IRS Criminal Investigation and Idaho State Tax Commission.
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Lewiston Man Sentenced to Federal Prison for Stealing GunsRead the Press Release
COEUR D’ALENE – Jonathan Leo Pope, 25, of Lewiston, was sentenced in U.S. District Court to 46 months in federal prison for possession of stolen firearms, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. Chief U.S. District Judge David C. Nye also ordered Pope to serve three years of supervised release following his prison sentence and to pay $5,800 in restitution to the victims of his offense. Pope pleaded guilty to the charge on June 10, 2020.
According to court records, on November 5, 2019, Pope entered the home of a Lewiston couple while they were away on vacation. During the burglary, Pope stole twelve firearms and coins. A day later, Lewiston Police detectives arrested Pope after identifying him as one of the burglars. Pope admitted to entering the home, stealing guns and coins, and helped officers recover the firearms. At the time of the burglary, Pope was prohibited from possessing firearms because of a 2015 conviction for possession of a controlled substance in Nez Perce County.
Multiple law enforcement agencies contributed to the successful prosecution of this case including the Nez Perce County Prosecutor’s Office, Lewiston Police Department, Clarkston Police Department, Whitman County Sheriff’s Office, and Asotin County Sheriff’s Office, who are all part of the Quad Cities Drug Task Force, as well as the Bureau of Alcohol, Tobacco, Firearms and Explosives who is not part of the task force but participates with it on a regular basis. The Quad Cities Drug Task Force is a multi-jurisdictional group of law enforcement officers working together to target drug trafficking in Lewiston and Moscow, Idaho, and Clarkston, Asotin, and Pullman, Washington.
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Acting U.S. Attorney Gonzalez Encourages Idahoans to Participate in DEA’s National Prescription Drug Take Back Day This SaturdayRead the Press Release
BOISE – Acting U.S. Attorney Rafael M. Gonzalez, Jr. wants to ensure that Idahoans are aware how to rid their homes of unused and unwanted medications.
With opioid overdose deaths increasing during the pandemic, the Drug Enforcement Administration (DEA) is holding its 20th National Prescription Drug Take Back Day this Saturday, April 24, 2021, at locations across the country, including 38 here in Idaho. The nationwide initiative aims to addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse.
“Prescription medications often end up in the wrong hands, fueling an epidemic that kills more Americans than car accidents,” said Gonzalez. “DEA is providing an actionable way for our communities to step up and help combat this crisis by simply cleaning out their medicine cabinet. I urge Idahoans to do their part by going to a collection site and safely disposing of unused, expired, and dangerous prescriptions. DEA makes it easy for all of us and I thank them for organizing this biannual event.”
Rates of prescription drug abuse in the United States are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that most abused prescription drugs are obtained from family and friends, including from the home medicine cabinet.
Collection sites will adhere to local COVID-19 guidelines and regulations in order to maintain the safety of all participants and local law enforcement.
“You can help save lives by participating in DEA’s Drug Take Back Day,” said DEA Special Agent in Charge Frank Tarentino. “More than 87,200 drug overdose deaths occurred in a one-year period in the U.S., the highest number of overdose deaths ever recorded in a 12-month period. We can all do our part by disposing of unwanted and expired prescription medications at one of the 176 collection sites.”
Given the ongoing COVID-19 public health emergency, DEA wants to ensure that the public is aware of other ways they can dispose of unwanted prescription drugs without having to leave their homes. Both the U.S. Food and Drug Administration and the Environmental Protection Agency have tips on how to safely dispose of drugs at home.
In addition to DEA’s National Prescription Drug Take Back Day, prescription drugs can be disposed of at any of the 11,000 DEA authorized collectors at any time throughout the year. For more information, visit: www.apps2.deadiversion.usdoj.gov/.
“It’s important to keep our own homes safe by regularly cleaning out medicine cabinets and any other areas where we store our pharmaceuticals,” said DEA Acting Administrator D. Christopher Evans. “Bringing unused or expired medications to a local collection site for safe disposal helps protect your loved ones and the environment.”
DEA also encourages the public to reach out to their local law enforcement agencies to find out if they have any permanent drug disposal locations throughout their local community.
DEA and its partners will collect tablets, capsules, patches, and other solid forms. DEA will continue to accept vaping devices and cartridges at any drop off location, as long as the lithium batteries are removed. DEA is doing all it can to help dispose safely of vaping devices and liquids to get these products off our streets and out of the hands of children. This service is free and anonymous, no questions asked.
Since it was established in 2010, DEA has held 19 National Prescription Drug Take Back Day events, which have, collectively, removed 13,684,848 pounds (more than 6,842 tons) of medications from circulation.
For more information on DEA’s National Prescription Drug Take Back Day, and to find a collection site near you, visit www.deatakeback.com
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Fort Hall Man Sentenced to 40 Months in Prison for StabbingRead the Press Release
POCATELLO – Lance Jonathon Broncho, 19, of Fort Hall, Idaho, was sentenced in U.S. District Court to 40 months in federal prison for assault resulting in serious bodily injury, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. Senior U.S. District Judge B. Lynn Winmill also ordered that Broncho serve three years of supervised release following his prison sentence. Broncho pleaded guilty to the charge on December 16, 2020.
According to court records, on April 6, 2020, Broncho and the victim, a Twin Falls man, traveled together from Twin Falls to the Fort Hall Indian reservation in the victim's van. When they arrived at Fort Hall, after midnight, on April 7, Broncho stabbed the victim multiple times in the abdomen and then took the victim's van, leaving the victim on the side of the road. A person driving by saw the victim and called the police, who found him injured on the side of the road. The victim was transported to the hospital where he was treated and had surgery for his stabbing injuries. Broncho was later interviewed and admitted stabbing the victim and taking his van.
This case was investigated by the Federal Bureau of Investigation and Fort Hall Police Department.
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Idaho Falls Man Sentenced to over 16 Years for Sexual Exploitation of ChildrenRead the Press Release
POCATELLO - Richard Neils Dutton, 52, of Idaho Falls, was sentenced in U.S. District Court to 200 months in federal prison for sexual exploitation of children, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. U.S. District Judge B. Lynn Winmill also ordered Dutton serve the remainder of his life on supervised release, following his prison sentence. Dutton pleaded guilty to the charge on November 4, 2020.
“Perpetrators who exploit our children prey upon the most vulnerable members in our society,” said Acting U.S. Attorney Gonzalez. “The collaboration between local, state, and federal partners in this case shows our joint commitment to protecting children and holding predators accountable to the full extent of the law.”
According to court records, in January 2020, staff at a local elementary school reported that Dutton was sexually abusing minor aged children. A subsequent investigation discovered that Dutton had produced child pornography using a minor child. Investigators obtained a search warrant for Dutton’s electronic devices and discovered images of the sexual abuse taken on his phone. In court, Dutton admitted that he took the images.
“Crimes of this nature are particularly disturbing, and dangerous sexual predators will continue to be brought to justice through our partnerships with all levels of law enforcement,” said Special Agent in Charge Robert Hammer, who oversees HSI operations in the Pacific Northwest. “This sentencing shows our collective resolve in keeping our communities safe.”
As a result of his conviction, Dutton will be required to register as a sex offender.
This case was investigated by Homeland Security Investigations in Idaho Falls, Idaho Internet Crimes Against Children Task Force, and Idaho Falls Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. As part of Project Safe Childhood, the U.S. Attorney’s Office for the District of Idaho and the Idaho Attorney General’s Office partner to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Federal Jury Convicts Boise Man of Attempted Coercion and Enticement of a MinorRead the Press Release
BOISE – After a three day jury trial, a federal jury sitting in Boise found Jordan Michael Drake, 33 of Boise, guilty of attempted coercion and enticement of a minor, and attempted use of interstate facilities to transmit information about a minor, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. Chief U.S. District Judge David C. Nye presided over the trial, which began on April 5th, and concluded with the guilty verdicts on April 8th.
According to testimony and evidence presented at trial, Drake communicated online with an undercover detective posing as a 15-year-old girl. During the communications, Drake attempted to persuade, induce, and entice the minor into engaging in sexual activity with him and requested the minor’s address so that he could meet with the minor for sexual activity. Drake traveled to an address where he believed the minor resided, where law enforcement officers arrested him.
“Online predators who attempt to entice minors take advantage of our most precious resource, our children,” said Acting U.S. Attorney Gonzalez. “We are committed to prosecuting dangerous offenders who troll the internet looking to sexually exploit children, and we will continue to work together with our partners to identify these predators and their victims.”
The charge of attempted coercion and enticement of a minor carries a minimum of ten years and up to life in federal prison, a fine of up to $250,000, and at least five years and up to lifetime of supervised release. The charge of attempted use of interstate facilities to transmit information about a minor carries a term of up to five years of federal prison, a fine of up to $250,000, and at least five years and up to lifetime of supervised release. Drake will be required to register as a sex offender as a result of the conviction.
Sentencing is set for July 27, 2021, before Judge Nye at the federal courthouse in Boise.
The investigation was part of “Operation Butterball,” a joint state and federal undercover operation conducted in Ada County in November 2019 to identify individuals predisposed to meet minors for sexual contact. Participating agencies included Homeland Security Investigations (HSI), Idaho Internet Crimes Against Children Task Force, Idaho Attorney General’s Office, Idaho State Police, Meridian Police Department, United States Postal Inspection Service, ICE Enforcement and Removal Operations (ERO), Rupert Police Department, Jerome County Sheriff’s Office, Ada County Prosecutor’s Office, and the United States Attorney’s Office.
“The collaboration between ICAC and our federal law enforcement partners continues to yield results that help protect Idaho children from online predators,” Idaho Attorney General Lawrence Wasden said. “This conviction and the previous sentences stemming from this operation highlight the partnerships in place between local, state and federal law enforcement agencies that continue to put dangerous individuals in prison and keep them away from our young people.”
Drake is among five defendants arrested and charged in federal court as a result of Operation Butterball. Previously, the following defendants were sentenced in federal court:
- Christopher Niday, 54, of Summerville, Oregon, was sentenced on October 20, 2020, by Chief Judge Nye to four years in federal prison, followed by ten years of supervised release, for travel with the intent to engage in illicit sexual conduct.
- Jesse Kelly-Castillo, 24, of Boise was sentenced on December 9, 2020, by Chief Judge Nye to ten years in federal prison, followed by 15 years of supervised release, for attempted coercion and enticement of a minor.
- Maxwell Hennerley, 24, formerly of Boise, was sentenced on January 7, 2021, by U.S. District Judge B. Lynn Winmill to five years in federal prison, followed by five years of supervised release, for attempted use of interstate facilities to transmit information about a minor.
- Vern Leeroy Moore, 56, of Kuna, was sentenced on April 7, 2021, by Chief Judge Nye to five years in federal prison, followed by five years of supervised release, for attempted use of interstate facilities to transmit information about a minor.
These cases were brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. As part of Project Safe Childhood, the U.S. Attorney’s Office for the District of Idaho and the Idaho Attorney General’s Office partner to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Meridian Convicted Sex Offender Sentenced to 40 Months in Federal Prison for Unlawful Possession of a FirearmRead the Press Release
BOISE – Adekusibe Mark Onibokun, 38, of Meridian, was sentenced in U.S. District Court to 40 months in federal prison for unlawful possession of a firearm, Acting U.S. Attorney, Rafael M. Gonzalez announced today. Chief U.S. District Judge David C. Nye also ordered Onibokun to serve three years of supervised release following his prison sentence and to pay a $3,000 fine.
According to court records, in 2005, Onibokun was convicted of sexual abuse of a child under the age of 16 in Ada County. While on parole for that offense, Idaho Department of Correction parole officers received a report that Onibokun had threatened someone and was in possession of a firearm. Parole officers searched Onibokun’s vehicle on June 4, 2019 and discovered a loaded Glock .40 handgun underneath the driver’s seat. On June 10, 2019, a federal grand jury returned an indictment charging Onibokun with unlawful possession of the firearm. Onibokun proceeded to a federal jury trial in November 2020 in Boise. At trial, Onibokun testified that he had no knowledge of the firearm and he also called his girlfriend as a witness and she testified that she had mistakenly left the firearm in his vehicle without his knowledge. After deliberating for six hours, the jury informed the Court that they were unable to come to a unanimous verdict and a mistrial was declared. After trial, a special agent with the Bureau of Alcohol, Tobacco, Firearms, and Explosives discovered a recorded jail call between Onibokun and his girlfriend which established they both lied during their testimony at trial. After receiving the recorded calls, Onibokun pleaded guilty on December 21, 2020, and acknowledged that he knowingly possessed the firearm and committed perjury at trial. Onibokun received a sentencing enhancement for obstruction of justice.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boise Police Department, and Idaho Department of Correction.
This case was part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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Florida Resident Sentenced for Cyberstalking Idaho ResidentsRead the Press Release
BOISE – Alvin Willie George, 25, of Cross City, Florida, was sentenced to 51 months in federal prison followed by three years of supervised release for cyberstalking, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. U.S. District Judge B. Lynn Winmill also ordered George to pay $525.31 in restitution to one of the victims.
According to court records, in December 1999, in Texas, two female children were attacked in a bedroom. During the attack both children had their throats slit. One child survived the attack, but her friend was killed. The perpetrator of these crimes was convicted. Beginning in or around November 2016, and over the next several months, George began sending photos from the 1999 crime scene to the surviving victim and her sisters, all of whom live in Idaho. George did not know the surviving victim or her sisters, rather he researched the 1999 murder on the internet and used various Facebook accounts he created to send harassing and intimidating messages to these women, as well as threatening to rape and kill them.
This case was investigated by the Federal Bureau of Investigation and Boise Police Department.
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Former FBI Employee Sentenced for Receiving Bribes and Tax FraudRead the Press Release
POCATELLO - Former Federal Bureau of Investigation (FBI) official James Heslep, 52, of Gainesville, Virginia, was sentenced to 39 months in federal prison followed by three years of supervised release for receiving a bribe by a public official, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. Heslep was also sentenced to 36 months in federal prison followed by one year of supervised release for making and subscribing a false federal income tax return. The sentences will run concurrently. U.S. District Judge B. Lynn Winmill also ordered Heslep to forfeit $128,128 and pay $15,353 in restitution to the Internal Revenue Service. In the related case, Robert Bailey, 63, of Centreville, Virginia, pleaded guilty to paying a bribe to a public official. Bailey’s sentencing is set for May 5, 2021.
“A 39-month sentence is significant and sends the appropriate message to Mr. Heslep and other public officials entrusted with influence over government contracts,” said Gonzalez. “Public service is a public trust. The people of Idaho must be confident that when that trust is breeched, there will be severe consequences no matter who you are or where you work. This investigation, this prosecution, and this sentence delivers that message clearly and forcefully.”
According to court records, Heslep was a Management and Program Analyst with the FBI. In that position, Heslep was responsible for managing construction and services contracts for FBI buildings across the country.
According to court records, in 2001, Bailey, purchased L-1, a construction management and operations company located in Chantilly, Virginia. In 2008, Heslep and Bailey became business acquaintances when they worked together on an FBI construction project.
According to court records, in 2017, the FBI broke ground on the construction of a data center in Pocatello, Idaho (the Pocatello Data Center project). The Pocatello Data Center project involved construction of a two-building, 140,000 square-foot complex that would accommodate data halls containing computer equipment and office space. The purpose was to consolidate multiple FBI data centers from across the country and improve efficiency and cyber-security. In 2017, Heslep became the Contracting Officer Representative (COR) for the Pocatello Data Center project. In that position, Heslep had management and oversight responsibilities over the construction of the Pocatello Data Center.
According to court records, from 2016 through 2018, Bailey and L-1 made illegal payments, and gave items of value, to Heslep. These payments included 18 deposits totaling $120,000 into a bank account controlled by Heslep. From this account, Heslep made payments on a personal loan, home mortgage, car, credit card, and vacation travel payments, among other personal expenditures at retail stores, such as a pair of diamond earrings that cost $5,300. In addition, Bailey and L-1 provided the following items of value to Heslep: a fiftieth birthday party in Dallas, Texas, including first-class airfare, hotel accommodations, and tickets to a Dallas Cowboys football game; a beach house rental in Nags Head, North Carolina; first-class Amtrak train tickets; invitations to a L-1 company holiday party; and tickets to a Washington Nationals baseball game, among other gratuities. The total value of the unlawful payments and gratuities was $128,128.
“Heslep abused his position as a government contracting officer. He accepted bribes of cash, sports tickets, and other items of value in exchange for granting favorable contracting terms. This sentencing shows that this kind of fraud will not be tolerated,” said Douglas B. Bruce, Special Agent in Charge of the Department of Justice Office of the Inspector General Denver Field Office.
“This sentence sends a clear message that the law of the land applies to everyone, including paying your fair share of taxes, regardless of position or power,” said Andy Tsui, Special Agent in Charge of IRS – Criminal Investigation’s Denver Field Office. “Heslep abused his position as a public official to obtain illegal payments which he used for his own personal gain. IRS Criminal Investigation will continue to enforce the nation’s tax laws regardless of a person’s status or a person’s position as a public official.”
According to court records, Bailey and L-1 made these payments, and gave these items of value, to Heslep with the intent to influence Heslep in performing official acts at FBI to benefit L-1 on the Pocatello Data Center project. These official acts included the following: Heslep seeking and receiving authorization for approximately $16,000 monthly per diem payments from the FBI to Bailey for L-1 employees who stayed at Bailey’s house instead of a hotel; Heslep soliciting and including Bailey’s edits in the statement of work to a $12.2 million construction and services bridge contract (related to the Pocatello Data Center project) that the FBI later awarded to S-1 (as general contractor) and L-1 (as subcontractor); and Heslep convincing his FBI superiors to pay L-1 for its work on the bridge contract at higher Washington, D.C. metropolitan-area labor rates, rather than lower Idaho labor rates. The Washington D.C. labor rates were approximately 30 percent greater than the Idaho labor rates.
When pronouncing the sentence Judge Winmill stated, “this is a case of greed.” He emphasized the case involved “public trust and public funds and when there is an abuse of that, there have to be consequences.”
This case was investigated by the Department of Justice, Office of the Inspector General and Internal Revenue Service – Criminal Investigation.
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Leader of Aryan Knights Prison Gang Sentenced to Life in Federal Prison for RICO ConspiracyRead the Press Release
BOISE – Harlan Hale, 55, a leader of the Idaho prison gang known as the Aryan Knights, or “AK,” was sentenced to life in federal prison after pleading guilty to one count of participating in a RICO (the Racketeer Influenced and Corrupt Organization Act) conspiracy and one count of committing a violent crime in furtherance of racketeering activity, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. In imposing this sentence, Chief U.S. District Judge David C. Nye ordered that it be served after Hale’s existing sentences from a State of Idaho case and a federal case in the District of Wyoming.
As alleged in the indictment, the AK was formed in the mid-1990s in the Idaho prison system. It is a prison gang that operates within Idaho Department of Correction (IDOC) prison facilities and also outside of IDOC facilities. It was founded to organize criminal activity for a select group of white inmates within IDOC custody. The AK has white supremacist and white separatist ideologies. Since its founding, the AK has expanded and is now believed to have over 100 members, both inside and outside of IDOC custody. The AK has used violence and the threat of violence to target non‑white inmates and other targeted inmates. The AK also has used drug trafficking, extortion, and gambling to generate revenue, which was shared among members.
“The life sentence imposed on this defendant recognizes the devastating effects that prison gangs, and especially white supremacist prison gangs, have on the rehabilitative mission of correctional institutions and individual inmates who sincerely hope to use their period of incarceration to successfully reenter society,” said Mr. Gonzalez. “Violent crime will not be tolerated, whether out of prison or in prison, and I commend the FBI and investigators at the Idaho Department of Correction for creating an effective partnership to root out the type of racketeering activity uncovered through this investigation.”
According to court records, Hale held a leadership role in the AK and participated in drug trafficking and violent assaults. The drug trafficking was extensive and involved significant quantities of methamphetamine. When debts went unpaid, the gang used violence to collect. For example, in 2015, Hale assaulted another inmate for failing to pay a drug debt, then provided that inmate with additional drugs and required that he sell the drugs in order to pay back the debt. The violence was not limited to non-members. In 2016, Hale and two other gang members assaulted a former AK member with improvised knives. During the attack, Hale stabbed the victim repeatedly.
“The crimes of organized prison gangs often go beyond the prison walls, bringing more drugs and violence into our communities,” said Special Agent in Charge Dennis Rice of the Salt Lake City FBI. “This life sentence should be a message to others involved in violent gang crimes—regardless of where it takes place—that law enforcement will investigate and hold them accountable.”
Ten members of the AK were charged in this case. Seven of these defendants have pleaded guilty to date and three have been sentenced so far:
- Christopher Foss, 32, was sentenced in September 2020 to 210 months in federal prison, with 174 months to be served after his earliest possible parole date for his current state prison sentence. Foss was also ordered to serve five years of supervised release following his incarceration.
- Buck Pickens, 31, was sentenced in September 2020 to 206 months in federal prison, with 60 months to be served after his earliest possible parole date for his current sentence. Pickens was also ordered to serve five years of supervised release following his incarceration.
- Michael McNabb, 36, was sentenced in August 2020 to 28 months in federal prison to be followed by three years of supervised release.
A jury trial for the remaining defendants is scheduled for October 4, 2021. These defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case was investigated by the Federal Bureau of Investigation with assistance from IDOC’s Special Investigations Unit, Ada County Sheriff’s Office, and the Ada County Prosecutor’s Office.
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Acting U.S. Attorney Addresses Increasing Danger of Counterfeit Prescription OpioidsRead the Press Release
BOISE – Acting U.S. Attorney Rafael M. Gonzalez, Jr. and Drug Enforcement Administration (DEA) Special Agent in Charge Frank Tarentino today highlighted the danger that counterfeit prescription pills pose to our community. Opioid and prescription drug abuse is at an all-time high. In 2019, 70,630 drug overdose deaths occurred in the United States and more than 70 percent of those deaths involved an opioid.
Historically, the opioid epidemic began with a rapid increase in the prescribing of opioids starting in the 1990s. It continued when those addicted to opioids began to use heroin because it was cheaper and more readily available. Now, the most recent part of this epidemic is the increase in availability of counterfeit pills. Counterfeit pills are illicitly manufactured in clandestine labs, mostly using fentanyl as the active ingredient, and are made to look like legitimate prescription opioids commonly prescribed to alleviate pain or anxiety. These counterfeit pills are then illegally sold by street drug dealers as Oxycodone, Xanax, Percocet, or other similar drugs. Counterfeit pills are also being sold over the internet and delivered by mail. These counterfeit pills have led to increased overdoses and deaths across the country but particularly here in the Western region of the United States where there was a 67 percent increase in such death rates from 2018 to 2019. It is important to note that there is no concern of counterfeit pills entering the legitimate prescription supply chain.
“Prescription opioid abuse has already taken a devastating toll on our community,” said Acting U.S. Attorney Gonzalez. “But we have also seen a terrifying rise in the prevalence of counterfeit prescription pills being sold on the street and online. The public must be aware that while these pills may look like prescription drugs, they likely contain the powerful synthetic opioid fentanyl.” He went on to emphasize that, “a lethal dosage of fentanyl is just two milligrams, equivalent in size to a few grains of salt, as compared to a lethal dose of heroin at 30 milligrams, and that’s why communities everywhere have tragically experienced more fatal overdoses. That pill you bought off the street could be the last one you ever take.”
Counterfeit pills are incredibly dangerous because these imitation pills often look exactly like prescription Oxycodone in size, shape, color, and markings. In other words, there is no way to tell whether a pill purchased illicitly on the internet or the street is actually Oxycodone or a more powerful drug. The picture below on the left is an image of a legitimate Oxycodone pill. The picture on the right is an image of counterfeit Oxycodone pills.
“Between 2017 and 2019, there was great cause for concern when Idaho experienced a gradual increase in the number of drug related overdoses and deaths due to the misuse and abuse of prescription opiates and the increased availability of heroin,” said DEA Special Agent in Charge Frank Tarentino. “Alarmingly, in the last six months, the availability and seizure of fentanyl-laced counterfeit pills has exploded in the region. Law enforcement and public health officials have also noted a sharp increase in overdoses and deaths from fentanyl. The DEA and our law enforcement partners are committed to stemming the tide of this surge of lethal pills on our city streets by targeting the criminal networks who are profiteering while causing death in our communities,” SAC Tarantino concluded.
In 2019, synthetic opioids caused more overdose deaths than any other opioid including heroin. Synthetic opioids accounted for approximately 73 percent of all opioid-involved deaths. Based on a sampling of tablets seized nationwide in 2019, DEA found that 27 percent contained potentially lethal doses of fentanyl. “Frankly, if it weren’t for the outstanding work of first responders administering naloxone (an opioid antagonist that rapidly reverse opioid overdose) and saving lives of those who have overdosed, the number of deaths would be much, much higher,” Mr. Gonzalez said.
Unless prescription drugs are obtained from an authorized medical provider or pharmacy, the public should not consume or even handle these pills. The synthetic opioids contained in them are often lethal if consumed even if in the smallest amounts. All Idahoans are urged to only use prescription drugs prescribed to them by legitimate health care providers and obtained from their pharmacy. “I’m urging you to share this potentially life-saving message with friends and family today. Help us save a life,” Mr. Gonzalez said.
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Convicted Child Murderer Joseph Edward Duncan, III, Dies on Death RowRead the Press Release
BOISE – Joseph Edward Duncan, III, who was sentenced to death in 2008 for the kidnapping and murder of a nine-year-old north Idaho boy, died this morning. Duncan had been diagnosed with stage IV brain cancer. Duncan was in custody on death row at Terra Haute Federal Correctional Institution.
According to court records, on May 16, 2005, Duncan murdered the boy’s mother, her boyfriend, and the boy’s 13-year-old brother at their home just outside of Coeur d’Alene, Idaho. Duncan kidnapped the boy and his 8-year-old sister and took them into the Lolo National Forest in Montana where he tortured both children and murdered the boy. The 8-year-old girl was recovered on July 3, 2005, at a Denny’s restaurant in Coeur d’Alene and Duncan was arrested.
Duncan pleaded guilty in state court in 2006 to the murders of the family. His sentencing was stayed pending the federal prosecution for his crimes against the two younger children. Duncan pleaded guilty to the crimes against the children in December 2007. The jury empaneled for sentencing returned a verdict of death on all three counts for which Duncan was eligible. U.S. District Court Judge Edward J. Lodge then imposed the death sentence.
“This crime was horrendous and its impact on the families, the community, the jurors, court staff, our litigation team, and law enforcement were far reaching,” said Acting U.S. Attorney Rafael M. Gonzalez, Jr. “While his death will not bring back the lives cut so tragically short or remove the indelible memories of his unspeakable acts, perhaps death will now allow space for some degree of healing, peace, and closure.”
According to court records, from the time he was taken into custody in July 2005, Duncan confessed to all of his crimes and repeatedly sought to plead guilty. Investigators recovered photographic and video evidence of Duncan’s crimes. He also admitted to the murders of other children. He pled guilty in 2011 in a California state court for the 1997 murder of a 10-year-old boy and was sentenced to two life sentences. Due to the sentences he had already received, Duncan was not prosecuted for the murders of two sisters, 11 years old and nine years old, both of which occurred 1996 in Bothell, Washington, although he described to federal investigators how he committed the crimes.
Following his capital sentencing hearing, Duncan waived his right to appeal and in November 2008 notified Judge Lodge that “if any appeal is initiated on my behalf, it is done contrary to my wishes.” Judge Lodge again determined that Duncan was competent, this time to waive his right to appeal. Despite Judge Lodge’s repeated findings, his attorneys appealed to the Ninth Circuit claiming Duncan was not competent to waive his right to appeal. The Ninth Circuit determined that Judge Lodge should have conducted a hearing to explore the issue more fully. In early 2013, Judge Lodge held a twenty-three-day retrospective competency hearing. In December 2013, he issued a detailed order finding Duncan had been competent to waive his right to appeal. The Ninth Circuit affirmed Judge Lodge’s finding in 2015 and in 2016, the United States Supreme Court declined to hear the case. In 2017, Duncan’s lawyers filed a motion to set aside his sentence and conviction. That motion was denied by Judge Lodge on March 22, 2019. Duncan’s lawyers had been seeking an appeal of that order at the time of Duncan’s death.
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Statement of Acting U.S. Attorney Gonzalez on Anti-Asian Hate Crimes and Bias ActsRead the Press Release
BOISE – Acting U.S. Attorney Rafael M. Gonzalez, Jr. and Special Agent in Charge Dennis W. Rice of the Federal Bureau of Investigation’s (FBI) Salt Lake City Field Office today highlighted the federal role in countering hate crimes and bias acts—especially those targeting Asian Americans and Pacific Islanders.
“No one in Idaho should live in fear of violence because of who they are, what they look like, or what part of the world they or their families came from,” said Acting U.S. Attorney Gonzalez. “The U.S. Attorney’s Office and the FBI are committed to bringing all of our tools to bear in supporting our Asian American and Pacific Islander community groups here in Idaho, as we have witnessed a rise in hate and bias incidents occurring across the country. These crimes, and other acts of hate and bias, have no place in our community. I urge all Idahoans to report hate-based crimes to either local or federal law enforcement.”
The U.S. Attorney’s Office and FBI review information about potential hate crimes from members in the community and also provide assistance to local, state, and tribal law enforcement with investigations of hate crimes. Office personnel have been reaching out to community groups to explain the federal role and encourage reports to local and/or federal law enforcement.
“Hate crimes are not only an attack on an individual, but an entire community,” said Special Agent in Charge Dennis Rice of the Salt Lake City FBI. “As hate crimes are the highest priority of the FBI’s civil rights program, I want to assure the public that we will work diligently with our law enforcement partners to thoroughly investigate any allegations of such crimes."
The most recent statistics on hate crimes are available here 2019 Hate Crime Statistics from the FBI’s Uniform Crime Report.
Additional resources regarding hate crimes and bias incidents can be found by visiting these links: civilrights.justice.gov/#your-rights and fbi.gov/investigate/civil-rights/hate-crimes#FBI-Resources.
For information about contacting the U.S. Attorney’s Office in the District of Idaho visit: www.justice.gov/usao-id/. The FBI’s Salt Lake City Field office can be reached at (801) 579-1400. To submit an online tip, visit www.tips.fbi.gov/.
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Shoshone Dairy Farm and Its Owner Sentenced for Clean Water Act ViolationRead the Press Release
BOISE – 4 Brothers Dairy, Inc. (4 Bros.) and its owner, Andrew Fitzgerald, 60, of Shoshone, Idaho, were sentenced in U.S. District Court for unlawful discharge of pollutant into a water of the United States, a misdemeanor violation of the Clean Water Act, announced Acting U.S. Attorney Rafael M. Gonzalez, Jr. today.
U.S. Magistrate Judge Candy W. Dale ordered 4 Bros. to pay a $95,000 fine and ordered Fitzgerald to pay a $35,000 fine. As part of its plea agreement entered in the case, 4 Bros. also agreed to obtain a National Pollution Discharge Elimination System (NPDES) permit issued under the Clean Water Act by the United States Environmental Protection Agency (EPA). NPDES permits are designed to control water pollution by regulating point sources, such as large dairies, that discharge pollutants into waters of the United States. Judge Dale also imposed one year of probation on 4 Bros.
According to court records, 4 Bros. is a dairy and concentrated animal feeding operation operating in Shoshone with at least 1,000 head of cattle. It maintains waste-water lagoons that are adjacent to the Milner-Gooding Canal, which flows to the Malad River and on to the Snake and Columbia Rivers. In the winter season of 2017, record precipitation, record snowpack, and flooding occurred, leading to extreme runoff at the 4 Bros. property. In February 2017, during this period of flooding, 4 Bros. and Fitzgerald negligently caused discharges of manure-laden water into the Milner Gooding Canal at three locations.
Specifically, on February 10, 2017, a catchment area on the east side of the dairy overtopped, inadvertently breached, and discharged snowmelt along with manure into the canal. 4 Bros. and Fitzgerald were aware of the discharge during that time but did not attempt to repair the lagoon until February 23, 2017. 4 Bros. and Fitzgerald admitted that failing to repair the discharge for 14 days was criminally negligent under the circumstances.
Two other discharges occurred between February 19 and February 22, 2017. On the west side of the dairy, 4 Bros. used earth-moving equipment to cut open a berm and lined it with plastic to cause manure-laden wastewater from a lagoon to flow into the canal. At the central portion of the dairy, 4 Bros. mechanically pumped manure-laden wastewater from a wastewater lagoon into the canal. 4 Bros. additionally admitted that these discharges were negligent under the circumstances.
“The United States Attorney’s Office takes seriously any business, corporation, or individual that violates federal environmental laws. Even the negligent discharge of pollutants into the waters of the United States is simply unacceptable,” said Acting U.S. Attorney Gonzalez. “The sentence holds the defendants accountable for their actions in violating the Clean Water Act, and our office will continue to work with the EPA and our state and local partner agencies in the State of Idaho to hold offenders of the Clean Water Act accountable,” he concluded.
“The defendants’ conduct led to a serious impact to water quality in the state of Idaho,” said Scot Adair, Special Agent in Charge of EPA’s Criminal Investigation Division in the Northwest. “EPA and the Department of Justice hold accountable companies and individuals that pollute our waterways.”
As part of the plea agreement, 4 Bros. also agreed to commit no further Clean Water Act violations and to provide the EPA and state regulators with full access to 4 Bros.’ operations as well as books and records upon reasonable notice to ensure compliance with the Clean Water Act.
Acting U.S. Attorney Gonzalez commended the cooperative investigation by the Environmental Protection Agency, Idaho Department of Environmental Quality, Idaho Department of Agriculture, and the Lincoln County Sheriff’s Office, which led to the charges.
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Eastern Idaho Cocaine Dealer Sentenced to 58 Months in PrisonRead the Press Release
POCATELLO – Charles Lee Schmidt, 51, of Idaho Falls, was sentenced in U.S. District Court to 58 months in federal prison for possession with intent to distribute cocaine, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. U.S. District Judge David C. Nye also ordered Schmidt to serve three years of supervised release following his prison sentence. Schmidt pleaded guilty to the charge on October 13, 2020.
According to court records, on May 20, 2019, a confidential informant, under the direction of law enforcement, purchased 36 grams of cocaine from Schmidt for $1,200. The controlled purchase took place in an Idaho Falls grocery store parking lot.
According to court records, in July 2019, law enforcement received information that a person, later confirmed to be Schmidt, was distributing controlled substances out of a residence in Idaho Falls. On July 31, 2019, law enforcement obtained and executed a search warrant for the residence. Schmidt was present when law enforcement executed the search warrant and seized 173.31 grams of methamphetamine and 1.3 grams of LSD.
This case was investigated by the Bonneville County Sheriff’s Office and the Idaho Falls Police Department.
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Boise Man Sentenced to 25 Years for Sexual Exploitation of a ChildRead the Press Release
BOISE – Aaron John Lane, 57, of Boise, was sentenced in U.S. District Court to 300 months in federal prison for sexual exploitation of a child, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. U.S. District Judge B. Lynn Winmill also ordered Lane to pay a $3,000 fine and to serve 20 years of supervised release following his prison sentence. Lane pleaded guilty to the charge on December 7, 2020.
According to court records, in July 2019, the mother of the thirteen-year-old victim contacted law enforcement to report that Lane had been communicating with her daughter through Facebook. Law enforcement learned that Lane was a registered sex offender and had posed as a teenaged male during his communications with the victim. During the communications, Lane asked the victim take explicit images of herself and send them to him. Lane was arrested after arranging to meet the victim. During an interview, Lane admitted to communicating with the victim and to receiving explicit images of her.
As part of the investigation, law enforcement seized two cellphones belonging to Lane. A federal magistrate judge issued a search warrant for the cellphones. An agent with the Federal Bureau of Investigation (FBI) examined the cellphones and located Facebook and Instagram communications between Lane and other underage females. A federal magistrate judge also issued search warrants for Lane’s social media accounts. In reviewing the accounts, the FBI agent determined that Lane had requested, and received, sexually explicit images from several minors.
At sentencing, Judge Winmill also ordered Lane to forfeit the electronic devices used in the commission of the offense. As a result of conviction, Lane will be required to register as a sex offender.
This case was investigated by the FBI and the Boise Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Florida Man Sentenced to Interstate Transportation of Stolen Bicycles Taken from Multiple Bike Rental ShopsRead the Press Release
BOISE – Bradley Knirnschild, 27, of Kissimmee, Florida, was sentenced in U.S. District Court to two years in federal prison for interstate transportation of stolen goods, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. Chief U.S. District Judge David C. Nye also ordered Knirnschild to pay nearly $15,000 in restitution and serve three years of supervised release following his prison sentence. Knirnschild pleaded guilty to the charge on December 17, 2020.
According to court records, in early July 2019, Knirnschild rented a U-Haul van in Florida, which was to be returned within one day. Knirnschild, however, never returned the U‑Haul van. Instead, Knirnschild used the U-Haul van to steal approximately two dozen high‑end bicycles in multiple states across the county in a scheme where Knirnschild would rent high-end bicycles and then transport the bicycles to another state with the intent to sell the them primarily at pawn shops. The scheme resulted in a total loss of more than $40,000 to bicycle shops across the country.
According to court records, Knirnschild specifically pleaded guilty to renting eleven high-end bicycles from bicycle shops in Nevada and Washington in early August 2019. Knirnschild then transported the bicycles to Boise where he attempted to sell some of the bicycles at a local pawn shop. When law enforcement arrested Knirnschild in the U-Haul, they discovered the eleven bicycles, which were estimated to have a combined value of more than $5,000. Law enforcement also recovered approximately $14,000 in cash from the U-Haul van.
This case was investigated by the Boise Police Department.
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Filer Man Sentenced to 24 Years in Federal Prison for Sexual Exploitation of ChildrenRead the Press Release
BOISE – Michael Robert Gorley, 29, of Filer, Idaho, was sentenced in U.S. District Court to 292 months in federal prison for sexual exploitation of children, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. Chief U.S. District Judge David C. Nye also ordered Gorley to serve five years of supervised release following his prison sentence. Gorley pleaded guilty to the charge on May 12, 2020.
According to court records, Gorley admitted to communicating with an individual on Kik Messenger on June 3 and 4, 2019 regarding the exchange of sexually explicit images of children. Unbeknownst to Gorley, the person he was communicating with was an undercover Federal Bureau of Investigation (FBI) task force officer from Washington D.C. During those communications, Gorley sent the undercover agent several photographs depicting Gorley and a 4-year-old child engaged in sexually explicit conduct.
According to court records, FBI in Washington D.C. identified an IP address used by Gorley as located in Gooding, Idaho, and forwarded the information to FBI in Boise. FBI in Boise began investigating on June 5, 2019 and identified Gorley as the individual who sent the images. On June 6, 2019, FBI contacted Gorley at his residence in Filer, and Gorley admitted that he had produced the sexually explicit images with the 4-year-old child using his cell phone, and then sent the images to another individual over the internet.
As a result of his conviction, Gorley will be required to register as a sex offender. Judge Nye also ordered the forfeiture of the cell phone used in the commission of the offense.
This case was investigated by the FBI, with assistance from Gooding County Sheriff’s Office, Twin Falls County Sheriff’s Office, and the Filer Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Former CFO of ETA Compute Sentenced for Wire FraudRead the Press Release
BOISE – Timothy Semones, 61, of Ketchum, Idaho, was sentenced to 36 months in federal prison, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. Chief U.S. District Judge David C. Nye also imposed a term of three years of supervised release to follow Semones’ prison sentence, a $5,000 fine, and entered a restitution order for $3 million payable to the victim, ETA Compute.
According to court records, Semones admitted that, in 2017 and 2018, he was the Chief Financial Officer (CFO) of ETA Compute, Inc. (ETA), a corporation with its principal place of business in Los Angeles, California. Semones worked remotely from Ketchum. As part of his duties as CFO, Semones had access to ETA’s Wells Fargo Bank business checking account and had the ability to make online transfers of funds from this account.
According to court records, in 2017 and 2018, Semones was in the process of designing and building an approximate 7,000 square foot personal residence located at 29 Lake Creek Drive in Ketchum. Between October 2017 and November 2018, Semones made nine online transfers of funds, totaling $3 million, from ETA’s Wells Fargo Bank business checking account to personal bank accounts over which he had access and control. Semones used the misappropriated funds to pay construction costs for the Lake Creek Drive residence, and to pay off the balance of a line of credit used to build the residence.
According to court records, in November 2018, when ETA’s Chief Executive Officer confronted Semones about the low balance of funds in ETA’s Wells Fargo Bank business checking account, Semones made false statements about the location and balance of funds. Additionally, Semones emailed falsified Wells Fargo Bank records – that made it appear that ETA’s bank account had $1.5 million more than it actually did – to ETA’s Chief Executive Officer.
In May 2020, the Lake Creek Drive property was sold. ETA was provided with $3 million, in full restitution for its loss, from the proceeds of the sale.
This case was investigated by the Federal Bureau of Investigation.
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Filer Man Sentenced to 3 Years for Possessing Child PornographyRead the Press Release
BOISE – Scott Nice, 31, of Filer, was sentenced in U.S. District Court to 36 months in federal prison for possessing child pornography, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. U.S. Chief District Judge David C. Nye also ordered Nice to serve ten years of supervised release following his prison sentence. Nice pleaded guilty to the charge on March 6, 2020.
According to court records, between January 30, 2019 and February 5, 2019, law enforcement computers operated by the Federal Bureau of Investigation (FBI) and Idaho Internet Crimes Against Children (ICAC) Task Force downloaded several files of child pornography that were made available by Nice’s computer via a peer-to-peer network. A federal magistrate judge issued a search warrant for Nice’s Filer residence. FBI and ICAC members executed the search warrant and seized a laptop computer from Nice’s residence. A forensic examination of the computer revealed files of child pornography anime and internet history showing that the computer had been used to view child pornography videos. Nice admitted to downloading and viewing child pornography and child pornography anime.
At sentencing, Judge Nye also ordered Nice to forfeit the computer used in the commission of the offense. As a result of conviction, Nice will be required to register as a sex offender.
This case was investigated by the Federal Bureau of Investigation and Idaho Internet Crimes Against Children Task Force, with assistance from the Twin Falls County Sheriff’s Office.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. As part of Project Safe Childhood, the U.S. Attorney’s Office for the District of Idaho and the Idaho Attorney General’s Office partner to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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McCall Woman Sentenced to More Than 11 Years for Methamphetamine DistributionRead the Press Release
BOISE – Denise Dana Hanson, 59, of McCall, Idaho, was sentenced in U.S. District Court to 140 months in federal prison for possession with intent to distribute methamphetamine, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. Chief U.S. District Judge David C. Nye also ordered Hanson to serve five years of supervised release following her prison sentence. Hanson pleaded guilty to the charge on August 20, 2020.
According to court records, Hanson and her brother Daniel Joiner, also of McCall, were indicted by a federal grand jury on charges of conspiracy to possess with intent to distribute five hundred grams or more of methamphetamine and possession with intent to distribute five hundred grams or more of methamphetamine. Hanson was also indicted on two counts of distributing methamphetamine. Their charges stemmed from an investigation into their large-scale distribution of methamphetamine in McCall from January through August 2019. Law enforcement discovered that they would routinely travel to Boise to rent a vehicle, then drive to Las Vegas, Nevada to pick up several pounds of methamphetamine for distribution in McCall. Local law enforcement partnered with the Drug Enforcement Administration to utilize a confidential informant and ultimately an undercover federal agent to purchase methamphetamine from Hanson. Hanson and Joiner were arrested in Boise on August 3, 2019, after returning to Idaho from Las Vegas. Joiner was in possession of a 9mm pistol and Hanson was found to be in possession of 888 grams of pure methamphetamine.
After her arrest, Hanson called her son from the jail and in a recorded call, solicited him to hurt the confidential informant. In another recorded call, she stated that she would kill the undercover officer. At sentencing, Hanson was found to have obstructed justice and received an enhancement under the federal sentencing guidelines.
Hanson had twice previously been convicted of drug related felonies: attempted possession of controlled substance in state court in Las Vegas and two counts of illegal use of a communications facility in the U.S. District Court, District of Nevada.
Joiner pleaded guilty to conspiracy to distribute methamphetamine and on June 23, 2020, was sentenced to 120 months in federal prison and five years of supervised release.
Acting U.S. Attorney Gonzalez credited the cooperative efforts of the Drug Enforcement Administration, Valley County Sheriff’s Office, Ada County Sheriff’s Office, Idaho State Police, and the McCall Police Department, which led to the charges.
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Boise Man Sentenced to 15 Years for Transportation of a Minor with Intent to Engage in Criminal Sexual Activity and Receipt of Child PornographyRead the Press Release
BOISE – Robert William Havery, 40, of Boise, was sentenced in U.S. District Court to 180 months in federal prison for transportation of a minor with intent to engage in criminal sexual activity and receipt of child pornography, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. Chief U.S. District Judge David C. Nye also ordered Havery to serve five years of supervised release following his prison sentence. Havery pleaded guilty to the charge on June 29, 2020.
According to court records, Havery began communicating online and via text message with a 14-year-old girl living in Junction City, Oregon in December 2016. For three years, Havery’s communications with the minor were sexual in nature, and included Havery expressing his sexual attraction to the minor, and desire to meet with her and have sex. During the communications, the minor produced images of her engaged in sexually explicit conduct and sent them to Havery.
On December 7, 2019, Havery drove from Idaho to Oregon, picked the minor up, and drove her back to his residence in Boise. While at his residence, Havery and the minor engaged in sexual contact. On December 10, 2019, officers with the Boise Police Department received information that the minor victim was missing from her home in Oregon and may be with Havery in Boise. When officers arrived at Havery’s residence in Boise, they discovered the minor victim unclothed in Havery’s bed. Both Havery and the minor victim later admitted to engaging in sexual contact at Havery’s residence.
As a result of his conviction, Havery will be required to register as a sex offender.
This case was investigated by the Federal Bureau of Investigation and the Boise Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Caldwell Man Sentenced to More Than 20 Years in Federal Prison for Drug DistributionRead the Press Release
BOISE - Roberto Manuel Rojas, 31, of Caldwell, Idaho, was sentenced in U.S. District Court to 262 months in federal prison for distribution of methamphetamine, U.S. Attorney Bart M. Davis announced today. Chief U.S. District Judge David C. Nye also ordered Rojas serve ten years of supervised release following his prison sentence. Rojas pleaded guilty to the charge on September 2, 2020.
According to court records, Rojas was indicted by a federal grand jury on charges of distribution of methamphetamine and unlawful possession of a firearm. His charges stemmed from an investigation into the West Side Loma gang that spanned from October 2018 to October 2019. Law enforcement utilized an informant to purchase two ounces of methamphetamine and a shotgun from Rojas in January and February 2019. Rojas has a lengthy criminal history including violent felonies and is currently serving a state prison sentence for felony eluding a peace officer.
This case was investigated by the Treasure Valley Metro Violent Crime Task Force. The Task Force is comprised of federal, state, and local agencies. These agencies include the Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; Ada County Sheriff’s Office; Boise Police Department; Caldwell Police Department; Canyon County Sheriff’s Office; Meridian Police Department; Nampa Police Department; and Idaho Department of Correction, Bureau of Probation and Parole.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
This case was prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership and the State of Idaho to address gang crimes. The Treasure Valley Partnership is comprised of a group of elected officials in southwest Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth. For more information, visit www.treasurevalleypartners.org.
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U.S. Attorney Bart M. Davis Announces Resignation After Serving the District of Idaho for More Than 3 YearsRead the Press Release
BOISE – United States Attorney Bart McKay Davis, 65, of Idaho Falls, has announced his resignation effective February 28, 2021.
“It has been the honor of my professional legal career to serve the people of Idaho, alongside the incredibly hard-working team at the U.S. Attorney’s Office,” Davis said. “In the last three-plus years, this team has overcome tremendous challenges, from the longest federal government shutdown in American history, to a global pandemic. Through it all, the lawyers and support staff of this office have faithfully enforced the law, supported our law enforcement partners, and protected our fellow citizens. I could not be prouder of the work that they have accomplished. I am extremely pleased to leave this office in their capable hands.”
Rafael M. Gonzalez, Jr. will immediately assume office as Acting United States Attorney, a position which he held in 2017 for seven months, as provided for under the Vacancies Reform Act. Gonzalez has served as the First Assistant United States Attorney—a non-political position—since September 2010 and served as the office’s criminal division chief the five years preceding. He is a career prosecutor, having served in the U.S. Attorney’s Office since 1995 and with the Department of Justice since 1991.
While in office, U.S. Attorney Davis hired 26 federal employees, including ten Assistant United States Attorneys (AUSAs) and four Special AUSAs, which is more than one-third of the office’s attorneys. Davis said, “We’ve been incredibly successful the last three years in hiring outstanding public servants. They are my legacy.”
During Davis’ tenure, the office:
- filed more than 1,000 criminal cases, more than in any other three-year period;
- prioritized protecting children from online predators in partnership with the Attorney General’s Internet Crimes Against Children task force and prosecuted nearly 100 offenders;
- partnered with county prosecutors across the state to target repeat violent offenders under the Project Safe Neighborhoods banner; more than 1,200 violent offenders were removed from the community;
- garnered federal resources to stem the tide of drugs flowing into Idaho by funding task forces in Bannock and Kootenai counties and a special Assistant U.S. Attorney for Ada and Canyon counties and removing 450 illicit drug wholesalers from Idaho;
- brought to justice an employee who worked for two decades in the accounts receivable department for Saint Alphonsus in Boise, who used her access to money raised at the annual Festival of Trees to defraud the organization of nearly $1.5 million;
- prosecuted a doctor who knowingly implanted in patients nine pairs of misbranded breast implants that were not approved by the Food and Drug Administration;
- targeted scams related to the COVID-19 pandemic, such as hoarding, price-gouging, and PPP fraud;
- prosecuted a government contract/honest services fraud in which an FBI employee accepted bribes for contract awards in the building of a data center in Pocatello, resulting in guilty pleas by the employee and the contractor;
- convicted the CEO and majority partner of an investment firm in Idaho Falls stemming from a complex investment fraud scheme he devised;
- collected through its Financial Litigation and Asset Forfeiture units approximately $24.5 million;
- filed 86 appellate briefs and argued 34 cases before the Ninth Circuit Court of Appeals;
- argued and obtained orders of outright dismissal in two APHIS predator control cases, a novel grazing rights dispute, and a FOIA case dismissed under the deliberative process and presidential privileges;
- defended and resolved all employment discrimination cases without the payment of money damages or attorney fees; and
- successfully used the False Claims Act and Controlled Substances Act to investigate and prosecute several civil opioid outliers.
“I am grateful for the special trust and confidence shown me by Senator Michael D. Crapo and Senator James E. Risch, and all of those who supported me throughout this process and my career,” said Davis.
U.S. Attorney Davis, a graduate of the University of Idaho College of Law, had previously served nearly twenty years as a member of the Idaho Senate, including eight terms as Idaho Senate Majority Leader. He represented Idaho as a commissioner to the Uniform Law Commission and is past chairman of The Council of State Governments. During his tenure as United States Attorney, USA Davis served on three Attorney General Advisory Council subcommittees and working groups: the Native American Issues Subcommittee, the Border and Immigration Subcommittee, and the Marijuana Working Group.
The District of Idaho covers all 44 counties and five tribal reservations across the state. The United States Attorney’s Office, with staffed offices in Boise, Pocatello, and Coeur d’Alene, employs 33 attorneys and 40 support staff who are responsible for conducting all criminal and civil litigation in the district involving the United States government.
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Boise Man Sentenced to 3.5 Years in Federal Prison for Health Care Fraud and Aggravated Identity TheftRead the Press Release
BOISE – Scott Alexander Laney, 38, of Boise, was sentenced in U.S. District Court to 42 months in federal prison for health care fraud and aggravated identity theft, U.S. Attorney Bart M. Davis announced today. U.S. District Judge B. Lynn Winmill also ordered Laney to serve three years of supervised release following his prison sentence, pay restitution totaling $29,795.49, and a fine of $2,500. Laney was convicted on October 5, 2020, following a bench trial.
During the five-day trial, the Court heard evidence that Laney executed a scheme to defraud Medicare and Idaho Medicaid in connection with the delivery and payment of urine drug screenings and committed aggravated identity theft. Laney worked as a sales representative in connection with two national companies that performed laboratory testing of urine drug samples. In that role, Laney setup fraudulent accounts using the names and identifying information of multiple nurse practitioners without authority. Laney’s misuse of the nurse practitioners’ information caused the payment of fraudulent health care claims that were not authorized by a medical provider and were not reasonable or medically necessary.
This case was investigated by the U.S. Department of Health & Human Services, Office of Inspector General with assistance from the Payette Police Department and Idaho Medicaid Fraud Control Unit.
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Lapwai Methamphetamine Dealer Sentenced to 10 Years in Federal PrisonRead the Press Release
COEUR D'ALENE – Sade Tyel Bronson, 34, of Lapwai, was sentenced in U.S. District Court to ten years in federal prison for possession with intent to distribute methamphetamine, U.S. Attorney Bart M. Davis announced today. U.S. District Judge B. Lynn Winmill also ordered Bronson to serve five years of supervised release following her prison sentence. Bronson pleaded guilty to the charge on October 14, 2020.
According to statements made in court, Bronson was the target of a Federal Bureau of Investigation (FBI) drug investigation and was identified as a methamphetamine supplier on the Nez Perce Indian Reservation. On February 4, 2020, an Idaho State Police Trooper stopped the vehicle Bronson was driving near the Clearwater River Casino in Lewiston. Bronson was in possession of 88 grams of pure methamphetamine and drug paraphernalia indicating that she was a methamphetamine dealer. Because the methamphetamine weighed over 50 grams, a federal grand jury charged Bronson with a crime mandating a ten-year mandatory minimum sentence.
This case was investigated by the Hells Canyon Narcotics Working Group which includes the FBI, Idaho State Police, Nez Perce Tribal Police Department, Nez Perce County Sheriff’s Office, and the Lewiston Police Department. The Nez Perce County Prosecutor’s Office also assisted this prosecution.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
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Caldwell Man Sentenced to 25 Years in Federal Prison for Producing Child PornographyRead the Press Release
BOISE - Andrew Neil Smith, 33, of Caldwell, Idaho, was sentenced in U.S. District Court to 300 months in federal prison for producing child pornography, U.S. Attorney Bart M. Davis announced today. U.S. District Judge B. Lynn Winmill also ordered Smith to serve ten years of supervised release following his prison sentence. Smith pleaded guilty to the charge on November 4, 2019.
According to court records, the investigation began after a ten-year-old child disclosed that Smith had sexually abused her. FBI agents served a federal search warrant at Smith’s residence in Caldwell and located images of child pornography on Smith’s cellphone. Smith admitted the images depicted the ten-year-old child and that he asked her to send him the images through social media. Smith also admitted to sexually abusing the child and to producing videos of the abuse.
At sentencing, Judge Winmill also ordered Smith to forfeit the cell phone used in the commission of the offense. As a result of conviction, Smith will be required to register as a sex offender.
This case was investigated by the Federal Bureau of Investigation, with assistance from the Idaho Internet Crimes Against Children Task Force and the Caldwell Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. As part of Project Safe Childhood, the U.S. Attorney’s Office for the District of Idaho and the Idaho Attorney General’s Office partner to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
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Florida Resident Pleads Guilty to Cyberstalking Idaho ResidentsRead the Press Release
BOISE – Alvin Willie George, 25, of Cross City, Florida, pleaded guilty to two counts of cyberstalking, U.S. Attorney Bart M. Davis announced today. George was indicted by a federal grand jury sitting in Boise on December 11, 2019. Sentencing is set for April 8, 2021, before U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise.
According to court records, in December 1999, in Texas, two female children were attacked in a bedroom. During the attack both children had their throats slit. One child survived the attack, but her friend was killed. The perpetrator of these crimes was convicted. Beginning in or around November 2016, and over the next several months, George began sending photos from the 1999 crime scene to the surviving victim and her sisters, all of whom live in Idaho. George did not know the surviving victim or her sisters, rather he researched the 1999 murder on the internet and used various Facebook accounts he created to send harassing and intimidating messages to these women, as well as threatening to rape and kill them.
The charge of cyberstalking is punishable by up to five years in prison, a maximum fine of $250,000, and up to three years of supervised release, per count.
This case was investigated by the Federal Bureau of Investigation and the Boise Police Department.
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Caldwell Man Sentenced to More Than a Dozen Years for Federal Drug ChargeRead the Press Release
BOISE – Ismael Rodriguez, 41, of Caldwell, was sentenced in U.S. District Court to 151 months in federal prison for possession with intent to distribute methamphetamine, U.S. Attorney Bart M. Davis announced today. Chief U.S. District Judge David C. Nye also ordered Rodriguez to pay a $1,000 fine and serve five years of supervised release following his prison sentence. Rodriguez pled guilty to the charge on October 9, 2020.
According to court records, a federal grand jury indicted Rodriguez on April 10, 2019, after Nampa Police Department officers found him in possession of a firearm, over four pounds of methamphetamine, and nearly a pound of heroin. In imposing his sentence, Chief Judge Nye noted that Rodriguez has thirteen prior adult criminal convictions including firearms offenses and robbery, is an admitted gang member, and previously served time in federal prison.
This case was investigated by the Nampa Police Department.
This case was part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership and the State of Idaho to address gang crimes. The Treasure Valley Partnership is comprised of a group of elected officials in southwest Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth. For more information, visit www.treasurevalleypartners.org.
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Boise Man Sentenced for Federal Building Bomb ThreatRead the Press Release
BOISE – Kristopher Allen Wrede, 30, of Boise, was sentenced in U.S. District Court to one year in federal prison for making a telephonic bomb threat, U.S. Attorney Bart M. Davis announced today. Chief U.S. District Judge David C. Nye also ordered Wrede serve three years of supervised release following his prison sentence. Wrede pleaded guilty to the charge on October 13, 2020.
According to court records, on February 13, 2020, Wrede was arrested on a Bonneville County warrant for charges that he made terroristic threats. The following day, February 14, Wrede called the Boise Suicide Hotline and informed an employee that he had placed several bombs in the “federal courthouse at 550 W. Fort Street” which would be detonated that weekend. There were no bombs at the courthouse. Wrede willfully made this threat and maliciously conveyed false information concerning an alleged attempt to unlawfully damage or destroy the James A. McClure Federal Building and United States Courthouse by explosives.
This case was investigated by the United States Marshals Service.
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Statement of United States Attorney Bart M. Davis in Recognition of Law Enforcement Appreciation DayRead the Press Release
Today, I ask all Idahoans to join me in saluting law enforcement officers throughout Idaho.
It is an honor for me to express deep gratitude for another year of extraordinary achievements by the women and men in Idaho law enforcement; to thank them for their bravery; and to pay tribute to those who have given their lives in order that their fellow citizens might be safer, their neighborhoods more secure, and their communities and country not only stronger, but more just.
On January 9th of each year, our Nation observes Law Enforcement Appreciation Day.
Our law enforcement officers, everyday heroes, are military veterans who returned home to serve their state, cities, towns, and tribal communities. They are young adults who aspired from an early age to stand on the front lines of our neighborhoods to fight for security and justice. They include, too, federal agents who stood shoulder-to-shoulder with their local partners and faced down some of the most dangerous criminals in the world. They are decorated, lifelong officers who, after decades of service on the force, still put on their badges with pride every morning. And each of them represent the very finest this country has to offer to lead, to serve, and to give.
Across this great state and throughout our history, Idaho’s law enforcement officers have come to stand for all that every citizen should aspire to be. That is why every year on January 9th, we honor these brave men and women for their service. These officers are trained and sworn to save the lives of their colleagues, protect innocent bystanders from harm, subdue and apprehend bad actors, and pursue desperate criminals attempting to flee justice. As a community, we know them not just as cops or deputies, but loving parents and caring spouses; as loyal, compassionate, and faithful friends; and as youth sports coaches and church leaders. They are the community they serve. They give much and ask for little in return.
January 9th is just one day – I ask that we always remember what they do – and what they give – to enforce our laws and keep our people safe. But we, too, must do everything we can to forge a safer and more just society. As United States Attorney for the District of Idaho, I am humbled to stand before you and encourage you to strengthen our support for law enforcement officers and their families – to thank them for their service. I am determined to keep doing everything I can to honor those who wear the badge and strengthen the bonds between law enforcement and the communities it serves. I am grateful for their professionalism, dedication, and quiet courage under demanding and often dangerous circumstances, and I look forward to continuing our work together to promote justice and public safety in 2021 and the many years to come.
Idaho Falls Man Sentenced to 5 Years for Knowingly and Fraudulently Concealing Assets in Bankruptcy ProceedingRead the Press Release
POCATELLO – Andrew Welch, 46, of Idaho Falls, was sentenced in U.S. District Court to five years in federal prison for concealment of assets, U.S. Attorney Bart M. Davis announced today. Chief U.S. District Judge David C. Nye also ordered Welch to pay a $25,000 fine, and to serve one year of supervised release following his prison sentence. Welch pleaded guilty to the charge on July 29, 2020. As part of the plea agreement, Welch also agreed to forfeit $25,000.
According to court records, Welch, a former pharmacist in Ketchum, Idaho, filed a voluntary Chapter 7 bankruptcy petition on April 3, 2014, after the Idaho State Board of Pharmacy revoked his pharmacist license. In the bankruptcy petition, signed under penalty of perjury, Welch listed significant debts and almost no assets. However, after persisting in the claim that he had no assets during the initial stages of the bankruptcy proceeding, the scheme to defraud unraveled when the U.S. Trustee Program and debtors discovered that Welch had an interest in significant unreported assets which he had placed under the control of close confidants.
In the end, Welch knowingly and fraudulently failed to disclose in the bankruptcy proceedings more than $250,000 in cash and securities which were held in an investment account in the name of another individual. Welch also knowingly and fraudulently failed to disclose his purchase of real property in Idaho Falls for $123,500 in January 2012, and the ensuing fraudulent transfer of the real property to a second individual, who did not provide Welch with any value for the real property.
In addition to concealing assets, Welch falsely testified under oath during the bankruptcy proceedings that he had no interest in the aforementioned investment account or real property, even though in truth Welch knew and was intentionally concealing such interests.
The five-year sentence imposed by the U.S. District Court was the statutory maximum for the crime of concealment of assets. The court imposed the sentence, in part, based on findings that Welch obstructed justice by concealing assets from the U.S. Probation Office after the guilty plea, and because Welch did not adequately accept responsibility for the offense.
“This significant sentence should deter individuals who intend to commit bankruptcy fraud,” said U.S. Attorney Davis. “When a bankruptcy debtor like Mr. Welch hides money and assets in bankruptcy, we will work vigorously with our law enforcement partners to ensure that bankruptcy offenders are held accountable. I commend the IRS for their efforts in this case. I also thank the U.S. Trustee’s Program for referring this important matter to our office for criminal prosecution.”
"Today’s sentencing of Andrew Welch for bankruptcy fraud is a win for those who are honest in their court dealings,” said Special Agent in Charge Andy Tsui, IRS Criminal Investigation, Denver Field Office. “The bankruptcy system is based on a debtor making a full disclosure of all assets and liabilities. When individuals use the bankruptcy system to evade their debt obligations to the government and their creditors, they are engaging in criminal activity. IRS Criminal Investigation is proud to work with our partners at the U.S. Attorney’s Office and lend financial expertise in these complex investigations."
This case was investigated by the Internal Revenue Service Criminal Investigation.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Kimberly Man Sentenced for Threatening to Kill a ProsecutorRead the Press Release
BOISE – Nathanael Michael West, 23, of Kimberly, Idaho, was sentenced in U.S. District Court to 36 months in federal prison for mailing threatening communications, U.S. Attorney Bart M. Davis announced today. U.S. District Judge B. Lynn Winmill also ordered West serve three years of supervised release following his prison sentence. West pleaded guilty to the charge on July 13, 2020.
According to court records, West admitted that on August 22, 2019, he knowingly sent a threatening letter through the United States Postal Service to a Twin Falls County Deputy Prosecutor. This prosecutor had successfully prosecuted West for crimes he previously committed. In profane and graphic terms, West wrote that he was going to get out of prison and the kill the prosecutor and her family. West also threatened to kill a witness from a prior prosecution.
According to court records, after the prosecutor received the letter, law enforcement officers interviewed West. During the interview, West admitted to sending the letter. West sent the letter from an Idaho Department of Correction facility where he is currently housed for other crimes. The 36-month sentence imposed for mailing threatening communications will begin after West has served his existing state sentence.
This case was investigated by the Ada County Sheriff's Office.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Eastern Idaho Methamphetamine Dealer Sentenced to over 17 Years in Federal PrisonRead the Press Release
POCATELLO – Richard A. Burns, 37, of St. Anthony, Idaho, was sentenced in U.S. District Court to 210 months in federal prison for possession with intent to distribute methamphetamine, U.S. Attorney Bart M. Davis announced today. U.S. District Judge B. Lynn Winmill also ordered Burns to serve five years of supervised release following his prison sentence. Burns pleaded guilty to the charge on December 4, 2019.
According to court records, on May 11, 2019, an Idaho State Police trooper stopped Burns and a co-defendant on the interstate in Pocatello. While the trooper spoke with the co-defendant, Burns’ got into the driver's seat and fled, taking police on a high-speed chase. Ultimately, Burns crashed the car in Blackfoot and escaped on foot. Officers searched the vehicle and found over three pounds of methamphetamine located in a bag under the front passenger floorboard. Additionally, officers found two loaded 9mm handguns in the car.
Officers later apprehended Burns on June 5, 2019, after Idaho State Police detectives located him traveling to Boise. Officers spiked Burns’ vehicle near Carey, Idaho. After searching Burns’ car, officers found almost a pound of methamphetamine; along with digital scales, clean plastic baggies, a drug ledger, and a 9mm pistol. Burns later confessed to dealing drugs throughout Idaho.
This case was investigated by the Idaho State Police, Drug Enforcement Administration, Bannock County Sheriff’s Office, Blackfoot Police Department, Bingham County Sheriff’s Office, Bonneville County Sherriff’s Office, and Idaho Falls Police Department.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Former FBI Official Pleads Guilty to Receiving Bribes and Falsifying Tax ReturnRead the Press Release
POCATELLO – Former Federal Bureau of Investigation official James Heslep, 51, of Gainesville, Virginia, pleaded guilty to receiving a bribe by a public official and making and subscribing a false federal income tax return, U.S. Attorney Bart M. Davis announced today. Heslep pleaded guilty to a two-count criminal information filed in connection with his plea agreement. Sentencing is set for March 17, 2021, before U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise. In October 2020, Robert Bailey, 63, of Centreville, Virginia, pleaded guilty to paying a bribe to a public official. Bailey’s sentencing has been rescheduled to March 23, 2021.
According to court records, Heslep was a Management and Program Analyst with the FBI. In that position, Heslep was responsible for managing construction and services contracts for FBI buildings across the country.
According to court records, in 2001, Bailey, purchased L-1, a construction management and operations company located in Chantilly, Virginia. In 2008, Heslep and Bailey became business acquaintances when they worked together on an FBI construction project.
According to court records, in 2017, the FBI broke ground on the construction of a data center in Pocatello, Idaho (the Pocatello Data Center project). The Pocatello Data Center project involved construction of a two-building, 140,000 square-foot complex that would accommodate data halls containing computer equipment and office space. The purpose was to consolidate multiple FBI data centers from across the country and improve efficiency and cyber-security. In 2017, Heslep became the Contracting Officer Representative (COR) for the Pocatello Data Center project. In that position, Heslep had management and oversight responsibilities over the construction of the Pocatello Data Center.
According to court records, from 2016 through 2018, Bailey and L-1 made illegal payments, and gave items of value, to Heslep. These payments included 18 deposits totaling $120,000 into a bank account controlled by Heslep. From this account, Heslep made payments on a personal loan, home mortgage, car, credit card, and vacation travel payments, among other personal expenditures at retail stores, such as a pair of diamond earrings that cost $5,300. In addition, Bailey and L-1 provided the following items of value to Heslep: a fiftieth birthday party in Dallas, Texas, including first-class airfare, hotel accommodations, and tickets to a Dallas Cowboys football game; a beach house rental in Nags Head, North Carolina; first-class Amtrak train tickets; invitations to a L-1 company holiday party; and tickets to a Washington Nationals baseball game, among other gratuities. The total value of the unlawful payments and gratuities was $128,128.
According to court records, Bailey and L-1 made these payments, and gave these items of value, to Heslep with the intent to influence Heslep in performing official acts at FBI to benefit L-1 on the Pocatello Data Center project. These official acts included the following: Heslep seeking and receiving authorization for approximately $16,000 monthly per diem payments from the FBI to Bailey for L-1 employees who stayed at Bailey’s house instead of a hotel; Heslep soliciting and including Bailey’s edits in the statement of work to a $12.2 million construction and services bridge contract (related to the Pocatello Data Center project) that the FBI later awarded to S-1 (as general contractor) and L-1 (as subcontractor); and Heslep convincing his FBI superiors to pay L-1 for its work on the bridge contract at higher Washington, D.C. metropolitan-area labor rates, rather than lower Idaho labor rates. The Washington D.C. labor rates were approximately 30 percent greater than the Idaho labor rates.
“Public officials take a solemn oath not to exploit their office for personal gain,” said U.S. Attorney Davis. “Mr. Heslep disregarded his ethics training, purposely violated that oath, and compromised the FBI’s contracting process. This case stands as a cautionary warning for other public officials entrusted with influence over government contracts.”
“We trust public officials to do their work with integrity and honesty. Instead, Heslep abused his position. He accepted bribes of cash, sports tickets, and other items of value in exchange for granting favorable contracting terms. The Office of the Inspector General will continue to root out this kind of behavior,” said Douglas B. Bruce, Special Agent in Charge of the Department of Justice Office of the Inspector General Denver Field Office.
“James Heslep’s guilty plea is a win for American taxpayers,” said IRS – Criminal Investigation Special Agent in Charge Andy Tsui. “Heslep’s abuse of his position of trust is an insult to all who work ethically to best serve the United States. IRS – Criminal Investigation will continue to seek out and hold accountable those who attempt to abuse the system and use government funds for their own personal gain.”
The charge of receiving a bribe by a public official is punishable by up to 15 years in federal prison, a $250,000 fine or not more than three times the monetary equivalent of the thing of value, whichever is greater, disqualification from any office of honor, trust, or profit under the United States, and up to three years of supervised release. The charge of making and subscribing a false federal income tax return is punishable by up to three years in federal prison, a $250,000 fine, and up to one year of supervised release.
This case was investigated by the Department of Justice Office of the Inspector General and Internal Revenue Service – Criminal Investigation.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Connecticut Man Sentenced for Bank Fraud and Aggravated Identity TheftRead the Press Release
BOISE – Edward Fisher, 57, of Stamford, Connecticut, was sentenced to 42 months in federal prison for bank fraud and aggravated identity theft, U.S. Attorney Bart M. Davis announced today. U.S. District Judge B. Lynn Winmill also imposed a term of three years of supervised release to follow Fisher’s prison sentence. Fisher pleaded guilty to the charges on September 3, 2020.
According to court records, on April 22, 2020, Fisher visited a Wells Fargo in Boise, a federally insured financial institution. Fisher filled out a withdrawal slip for $3,500 and requested to withdraw funds from an account belonging to a Wells Fargo account holder. To withdraw the funds from the account, Fisher presented false identification bearing Fisher's photograph, but with the personal identification of the real account holder. Fisher did not know the real account holder and never obtained the account holder’s permission to withdraw the funds.
On April 21 and April 22, 2020, Fisher attempted the same fraudulent scheme at three different Wells Fargo branches in Idaho using the same false identification as well as false identification of another Wells Fargo account holder. In total, Fisher unsuccessfully attempted to fraudulently withdraw $18,000 from accounts at Wells Fargo.
This case was investigated by the Boise Police Department and United States Secret Service.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Owner of Campos Market to Pay $600,000 in Restitution for Federal Program FraudRead the Press Release
BOISE – Aaron Campos, 47, owner of Campos Market, a retail and food convenience store in Boise, entered into a forfeiture agreement with the United States for unauthorized redemption of Supplemental Nutrition Assistance Program (SNAP) benefits. Campos has agreed to pay $600,000 in restitution for SNAP benefits unlawfully redeemed.
SNAP benefits, also known as food stamps, are a federal benefits program that provides food to needy persons. SNAP benefits can only be used for authorized food items. SNAP benefits cannot be exchanged for cash. Any other uses of SNAP benefits are unlawful.
According to court records, between January 1, 2013 and August 10, 2016, employees of Campos Market would repeatedly permit the sale of non-eligible items for SNAP benefits. Additionally, employees of Campos Market would exchange SNAP benefits for cash. Both practices are prohibited. Investigators with the United States Department of Agriculture investigated Campos Market. After investigation, Campos Market and the United States entered into an agreement where Campos Market would pay the United States $600,000 in restitution for violations of the SNAP program.
This case was investigated by the United States Department of Agriculture.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
North Idaho Woman Sentenced for Defrauding Employer and Filing False Tax ReturnRead the Press Release
COEUR D’ALENE - Jamie Gillette, 53, of Bonners Ferry, Idaho, was sentenced to 37 months in federal prison for wire fraud and making and subscribing a false tax return U.S. Attorney Bart M. Davis announced today. Chief U.S. District Judge David C. Nye also imposed a term of three years of supervised release to follow Gillette’s prison sentence and ordered her to pay $305,185 in restitution to the victims of the embezzlement and $108,287 in restitution to the IRS. Gillette will remain in local custody pending her designation to a U.S. Bureau of Prisons facility.
According to court records, from in or about 2011 through in or about 2015, Gillette devised a scheme to defraud, and to misappropriate without authority money and property belonging to her employer, Bendable Bright Light, Inc. (BBL). Specifically, Gillette had access to BBL’s business bank account both as signor on the account and through the online payment portal. Using this access, Gillette issued checks from BBL’s account to her personal bank account and made online payments from BBL’s account for personal expenses associated with her accounts, without the knowledge or authorization of BBL. At the sentencing hearing, Judge Nye determined that Gillette had embezzled a total of $305,185 from BBL.
According to court records, on or about April 7, 2014, Gillette electronically signed and caused to be filed a 2013 federal income tax return that she knew contained false information. Specifically, Gillette reported that her taxable income for the calendar year 2013 was $8,003, whereas she knew that her taxable income was much greater. At the sentencing hearing, it was determined that Gillette owed a total of $108,287 in back taxes to the IRS for the tax years of 2011 through 2015.
This case was investigated by the Federal Bureau of Investigation and Internal Revenue Service – Criminal Investigation.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Spokane Man Sentenced for Attempted Robbery on Coeur d'Alene Indian ReservationRead the Press Release
COEUR D'ALENE – Sylvester Trevon Tuggles, Jr., 21, of Spokane, Washington, was sentenced in U.S. District Court to 70 months in federal prison for attempted robbery, U.S. Attorney Bart M. Davis announced today. Chief U.S. District Judge David C. Nye also ordered Tuggles to serve three years of supervised release following his prison sentence. Tuggles pleaded guilty to the charge on August 19, 2020.
According to court records, on January 8, 2019, Tuggles and Isaiah James Harrington, 20, also of Spokane, followed a man from Spokane Valley, Washington to the Coeur d’Alene Indian Reservation, in Idaho, to rob him. When the man exited his car, Tuggles and Harrington approached, pointed a firearm, and demanded money. Before they could take the man’s money, Tuggles and Harrington fled when they observed people coming to help from a nearby residence.
Earlier this year, Harrington was sentenced to 41 months in federal prison followed by three years of supervised release for his role in the attempted robbery. McKenna Marie Buss, 22, of Bellingham, Washington, was sentenced to five years of probation and nine months of home confinement for aiding the attempted robbery by driving Tuggles and Harrington.
This case was prosecuted in federal court because the crime occurred within the boundaries of the Coeur d’Alene Indian Reservation.
This case was investigated by the Federal Bureau of Investigation, Coeur d’Alene Tribal Police Department, and Plummer Police Department.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
U.S. Attorney Announces Office Collects over $8.4 MillionRead the Press Release
BOISE – United States Attorney Bart M. Davis announced today that his office’s Financial Litigation Unit collected more than $5.7 million in criminal restitution, fines, and assessments and in civil debts for the fiscal year that ended September 30, 2020. In some cases, the U.S. Attorney’s Office worked in conjunction with litigating components of the U.S. Department of Justice. Of the total collected, approximately $2.9 million were criminal restitution, fines, and/or assessments, and approximately $2.8 million were civil debts. In addition, the Asset Forfeiture Unit deposited to the Asset Forfeiture Fund approximately $2,784,824 in proceeds and instruments of crime in criminal and civil forfeiture actions.
“Our office’s collection and asset forfeiture attorneys, paralegals, analysts, and fiscal agents work hard every day to recover money from those who cause loss to victims and attempt to profit by committing crimes,” said Davis. “I am proud of the outstanding work all of these dedicated individuals have done over the past year. These results show they served this office, the taxpayers, and Idaho well.”
Victims of crime receive funds collected in criminal restitution cases. In fiscal year 2020, the U.S. Attorney’s Office, through the Financial Litigation Unit, collected over $2.789 million in criminal restitution that was or will be distributed to victims of crime. Other criminal collections such as fines go into the Crime Victims Fund. From there, funds are distributed to the Idaho Crime Victims Compensation Program, the Idaho Council on Domestic Violence and Victim Assistance, and similar programs across the country. Money recovered from the illegal proceeds of criminal activity through forfeiture is returned to victims, used to offset the costs of operating federal prisons, and shared with local, state, and federal law enforcement agencies to help fight crime. Other recoveries go back to agency creditors.
During the fiscal year, some notable criminal restitution collections include approximately over $1 million from a defendant that embezzled from her employer, over $250,000 from a defendant that made a false claim to the United States, almost $250,000 from a defendant that committed health care fraud many years ago, approximately $173,000 from a defendant that committed fraud, and many other collections recovered from real estate sales and refinances to pay restitution.
Forfeitures valued at approximately $2,784,824, included currency, vehicles, and real property related to trafficking in controlled substances, fraud, child exploitation, and other serious crimes. Forfeitures also included approximately 91 firearms used or possessed during criminal activities. Forfeited firearms typically are destroyed, to prevent their use in future crimes. In some cases, the United States shared, or will share, seized money and property with local investigating agencies. In victim cases, the U.S. Attorney’s Office works to direct proceeds of forfeiture to crime victims.
As for civil debts and penalties, the Financial Litigation Unit collects civil penalties for violations of regulations involving, among other things, controlled substances, environmental protection, damage to federal property, and procurement fraud. It also collects civil debts for defaulted loans.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years
Nampa Man Sentenced to over 8 Years in Federal Prison for Possession of Child PornographyRead the Press Release
BOISE - Cameron Benjamin, 22, of Nampa, was sentenced in U.S. District Court to 97 months in federal prison for possession of child pornography, U.S. Attorney Bart M. Davis announced today. Chief U.S. District Judge David C. Nye also ordered Benjamin to serve 15 years of supervised release following his prison sentence. Benjamin pleaded guilty to the charge on August 17, 2020.
According to court records, in December 2019, Idaho Internet Crimes Against Children (ICAC) Task Force began investigating five Cybertips from Twitter. According to the Cybertips, child pornography had been uploaded to five different Twitter accounts. Through its investigation, ICAC was able to determine that the accounts belonged to Benjamin. A federal magistrate judge issued a search warrant for the contents of the Twitter accounts. Within the accounts, ICAC located approximately 70 images and two videos of child pornography. ICAC also located messages where Benjamin discussed trading child pornography with other Twitter users. A federal magistrate judge also issued a search warrant for Benjamin’s residence in Nampa. ICAC executed the search warrant and seized Benjamin’s cellphone. A forensic examination of the cellphone revealed approximately 253 images of child pornography. Benjamin admitted to investigators that he had used his Twitter accounts to send and receive child pornography.
Judge Nye also ordered Benjamin to pay restitution in the amount of $6,000 to victims in the images he possessed and to pay a $5,100 special assessment. As a result of his conviction, Benjamin will be required to register as a sex offender.
This case was investigated by Idaho ICAC Task Force with assistance from United States Postal Inspection Service and Nampa Police Department, and was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. As part of Project Safe Childhood, the U.S. Attorney’s Office for the District of Idaho and the Idaho Attorney General’s Office partner to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.