District of Idaho
Press releases recorded for this federal judicial district.
DEA Prepares for Prescription Drug Take Back DayRead the Press Release
BOISE – U.S. Attorney Bart M. Davis supports the DEA in its 14th National Prescription Drug Take Back Day on October 28th. The biannual event will be held from 10 a.m. to 2 p.m. at thousands of collection sites around the country, including 30 here in the District of Idaho. The event is an effort to rid homes of potentially dangerous expired, unused, and unwanted prescription drugs.
“Prescription drugs are highly addictive and can be just as dangerous as any street drug and just as deadly,” said Davis. “The Prescription Take Back Day is an important event to get unused prescription drugs removed from homes before a chance of abuse can occur.”
Last April, Americans turned in 450 tons (900,000 pounds) of prescription drugs at almost 5,500 sites operated by the DEA and more than 4,200 of its state and local law enforcement partners. In the District of Idaho, 3,746 pounds of pills were collected. Overall, in its 13 previous Take Back events, the DEA and its partners have taken in over 8.1 million pounds—more than 4,050 tons—of pills. The disposal service is free and anonymous, no questions asked. (The DEA cannot accept liquids, needles, or sharps, only pills or patches.)
Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. According to the Centers for Disease Control and Prevention, 91 Americans die each day from an opioid overdose. Some painkiller abusers move on to heroin: Four out of five new heroin users started with painkillers.
Flushing medications down the toilet or throwing them in the trash pose potential safety and health hazards. This initiative addresses the public safety and public health issues that surround medications languishing in home cabinets, becoming highly susceptible to diversion, misuse and abuse.
For more information or to locate a collection site near you, go to DEA Prescription Drug Take Back Day web site at https://takebackday.dea.gov/#collection-locator where you can search by zip code, city or state.
Burley Men Plead Guilty to Gun ChargesRead the Press Release
BOISE – Davie J. Martinez, Jr., 41, and Lorenzo Ornelas, 31, both of Burley, Idaho, pleaded guilty yesterday in United States District Court to felon in possession of a firearm, U.S. Attorney Bart M. Davis announced.
According to court records, in January of this year, Martinez and Ornelas led officers on a 20-minute car chase. Martinez was driving, while Ornelas threw multiple items from the vehicle, including a .40 caliber handgun. Ultimately, officers were able to stop the vehicle and arrest them. While searching the car, officers located a .30-.30 caliber rifle and multiple boxes of ammunition. Both Martinez and Ornelas had absconded from parole when they committed the offense.
The charge of felon in possession of a firearm is punishable by up to ten years in prison, a maximum fine of $250,000 and three years of supervised release.
Martinez and Ornelas will be sentenced on January 30, 2018, before Chief U.S. District Judge B. Lynn Winmill.
This case was investigated by the Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, the Cassia County Sheriff’s Office, and the Minidoka County Sheriff’s Office.
The case was prosecuted by the Special Assistant U.S. Attorney hired by the Ada County Prosecuting Attorney’s Office and the Idaho High Intensity Drug Trafficking Area Board. The Idaho High Intensity Drug Trafficking Board is a collaboration of local law enforcement drug task forces and prosecuting agencies dedicated to addressing regional drug trafficking organizations that operate in Ada, Canyon, and Malheur Counties.
New York Men Sentenced for Identity TheftRead the Press Release
BOISE – Jason Morel, 22, and Kenith J. Quesada, 23, both of Bronx, New York, were sentenced last Thursday for aggravated identity theft, announced U.S. Attorney Bart M. Davis. Senior U.S. District Judge Edward J. Lodge sentenced Morel to 24 months and Quesada to 12 months in federal prison. Both men pleaded guilty on August 2, 2017. Co-conspirator Rafael Moran was sentenced on August 8, 2017, for aggravated identity theft.
According to the plea agreements, Morel, Quesada, and Moran traveled from New York to Idaho in April 2016 to perpetrate a fraud scheme at AT&T company stores and authorized dealers. The men impersonated real AT&T customers, presented fake driver’s licenses and credit cards, and purchased iPhones and iPads using those customers’ accounts. Law enforcement found dozens of fake driver’s licenses and credit cards in the vehicle that Morel, Quesada, and Moran used to travel through Idaho, as well as a stash of fraudulently-purchased electronics. Morel is believed to be the ringleader of the group, and his personal cell phone contained names, addresses, telephone numbers, and social security numbers belonging to the AT&T customers that he, Quesada, and Moran impersonated.
This case was investigated by the Boise Police Department and the Federal Bureau of Investigation.
Large Scale Boise Methamphetamine Distributor Sentenced to over 16 Years in Federal PrisonRead the Press Release
BOISE – James Peirsol, 53, of Boise, Idaho, was sentenced today to 200 months in federal prison for distributing methamphetamine throughout the Treasure Valley, U.S. Attorney Bart M. Davis announced. Senior U.S. District Court Judge Edward J. Lodge also sentenced Peirsol to serve ten years of supervised release.
Peirsol pleaded guilty on July 6, 2017, to one count of distributing more than 50 grams of actual methamphetamine. According to court records, Peirsol admitted to distributing 444.9 grams of actual methamphetamine to a confidential informant on February 25, 2016. On May 28, 2016, Peirsol distributed 493.2 grams of additional actual methamphetamine to a confidential informant. Peirsol had previously been convicted of three drug-related felonies and one felony domestic battery offense.
This case was the result of a joint investigation by Garden City Police Department, the Idaho State Police and the Organized Crime and Drug Enforcement Task Force (OCDETF). The Organized Crime and Drug Enforcement Task Force (OCDETF), includes the cooperative law enforcement efforts of the Federal Bureau of Investigation; Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Internal Revenue Service-Criminal Investigation; and U.S. Marshals Service. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
Nampa Woman Pleads Guilty to Mail TheftRead the Press Release
BOISE – Laura Alicia Cox, 56, of Nampa, Idaho, pleaded guilty yesterday to theft of mail matter by a postal employee, U.S. Attorney Bart M. Davis announced. Cox was indicted by a federal grand jury on August 8, 2017.
Cox worked as a clerk at the U.S. Post Office in Melba, Idaho. According to the plea agreement, in June 2017, a surveillance camera at the Melba post office captured Cox opening mail that did not belong to her and removing its contents. Cox then put the mail contents in her employee locker. The video camera was installed following numerous complaints from customers of the Melba post office who reported problems with their mail. Cox had been employed by the U.S. Postal Service since January 1, 2000.
Sentencing is set for January 4, 2018, before Senior U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.
This case was investigated by the U.S. Postal Service, Office of the Inspector General.
Three Men Plead Guilty to Gun and Drug ChargesRead the Press Release
POCATELLO AND BOISE – The U.S. Attorney’s Office continued its district-wide focus on reducing violent crime last week with three separate defendants pleading guilty to drug or firearm offenses, U.S. Attorney Bart Davis announced.
In Pocatello, Marcus Tharpe, 36, of Pocatello, pleaded guilty to possession of a firearm by a prohibited person. Tharpe was indicted by a federal grand jury in Pocatello on June 27, 2017.
According to court records, on February 17, 2017, police received reports that Tharpe had threatened another man with a gun at his residence. Police responded and found Tharpe in his truck a short distance from the residence. On the floorboard of Tharpe’s truck, in plain view, police found an SKS semi-automatic rifle. The SKS rifle was within reach of Tharpe from the driver’s seat, and was loaded with 18 rounds. Tharpe is prohibited from possessing a firearm under federal law because of a felony conviction.
The charge for possession of a firearm by a prohibited person is punishable by up to ten years in prison, a maximum fine of $250,000, and three years of supervised release. Sentencing is set for January 2, 2018, before U.S. District Judge David C. Nye at the federal courthouse in Pocatello.
In separate cases in Boise, Garrett Holmes, 46, of Payette, Idaho, and Jose A. Mouw, 45, of San Diego, California, pleaded guilty to distributing methamphetamine.
According to court records, Holmes distributed methamphetamine in Idaho and Oregon on several occasions between March 6, 2017, and May 18, 2017. Holmes arranged for and delivered methamphetamine in Payette County, Idaho, and Malheur County, Oregon. Investigating officers discovered Holmes’s activities and were able to intervene and arrest him on May 18, 2017. Holmes was indicted by a federal grand jury in Boise on June 15, 2017.
Holmes’s sentencing is set for January 3, 2018, before Senior U.S. District Judge Edward J. Lodge at the federal courthouse in Boise. He faces imprisonment of not less than five years or more than forty, a term of supervised release of at least four years, and a maximum fine of $5,000,000.
According to court records, on two separate occasions in 2016, Jose Mouw transported methamphetamine from southern California to Idaho for distribution. On Mouw’s second trip to Idaho, officers in Twin Falls, Idaho, pulled him over and discovered 670 grams of pure methamphetamine in the trunk of his car. Mouw was indicted by a federal grand jury in Boise on November 8, 2016.
Based on the amount of methamphetamine involved and Mouw’s prior convictions for drug-related offenses, including felony possession of methamphetamine and drug trafficking, Mouw faces a mandatory minimum sentence of not less than 20 years up to life in prison, a term of supervised release of at least ten years, and a maximum fine of $20,000,000. Mouw’s sentencing is set for November 14, 2017, before Senior U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.
Tharpe’s case was investigated by the Bannock County Prosecutor’s Office and the Pocatello Police. It is being prosecuted by the Special Assistant U.S. Attorney hired by the Eastern Idaho Partnership and the State of Idaho to bolster ongoing efforts to prosecute regional drug trafficking, gun and gang violence, internet based crimes against children, and other serious crimes with a federal nexus. The Eastern Idaho Partnership is a collaboration of elected officials and law enforcement from 13 counties and 18 cities across eastern Idaho, in partnership with the Idaho Department of Correction and the U.S. Attorney’s Office.
Holmes’s and Mouw’s cases were investigated by the Drug Enforcement Administration, Ada County Sheriff’s Office, the Twin Falls Police Department, and the High Desert Task Force. The High Desert Task Force is a collaboration of law enforcement agencies from Payette County Sheriff’s Office, Payette City Police Department, Fruitland Police Department, Weiser Police Department, Malheur County Sheriff’s Office, and the Ontario Police Department.
Their cases were prosecuted by the Special Assistant U.S. Attorney hired by the Ada County Prosecuting Attorney’s Office and the Idaho High Intensity Drug Trafficking Area Board. The Idaho High Intensity Drug Trafficking Board is a collaboration of local law enforcement drug task forces and prosecuting agencies dedicated to addressing regional drug trafficking organizations that operate in Ada, Canyon, and Malheur County.
Five Gang Members and Associates Indicted in Federal CourtRead the Press Release
BOISE – A federal grand jury indicted five members and associates of the Sureno Mob Trece gang for crimes including drug distribution and unlawful possession of firearms, U.S. Attorney Bart M. Davis announced. The charges stem from an investigation by the Treasure Valley Metro Violent Crimes Task Force.
The indicted defendants are Sebastian Tate Levasseur, 22, of Nampa; Isaac Alexander Carreno, 20, of Nampa; Christian Bradley James Barker, 18, of Meridian; Abel Arturo Negrete, 41, of Nampa; and Thomas Antonio Pinto, 21, of Meridian. All were indicted on October 11, 2017. Levasseur is charged with three counts of distribution of methamphetamine and two counts of unlawful possession of a firearm. Carreno is charged with two counts distribution of methamphetamine and two counts distribution of hydrocodone. Barker is charged with four counts distribution of methamphetamine. Negrete is charged with two counts unlawful possession of a firearm. Pinto is charged with one count distribution of methamphetamine.
Levasseur is currently in the custody of the Idaho Department of Corrections and Barker is currently in custody at the Ada County Jail. Negrete was arrested yesterday. Warrants have been issued for Pinto and Carreno.
Federal drug trafficking charges are generally punishable by up to twenty years in prison, a fine up to $1 million and at least three years of supervised release. Where some of the defendants are charged with distributing higher amounts of methamphetamine, they face a minimum term of incarceration of five years, with a maximum term of up to forty years in prison, a fine up to $5 million and at least four years supervised release.
The charge of unlawfully possessing a firearm is punishable by up to ten years in prison, a maximum fine of $250,000 and up to three years of supervised release.
The indictments are the result of an investigation by the Treasure Valley Metro Violent Crime Task Force. The Task Force was created approximately 12 years ago and is comprised of federal, state and local agencies, including the Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; Boise Police Department; Ada County Sheriff’s Office; Caldwell Police Department; Nampa Police Department; Meridian Police Department; the Canyon County Sheriff’s Office; and the Idaho Department of Corrections. The Task Force conducts complex long-term investigations of criminal gangs.
The charges are being prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership, the Canyon County Prosecuting Attorney’s Office 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 treasurevalleypartners.org.
An indictment is a means of charging a person with criminal activity. It is not evidence. A person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Burley Man Pleads Guilty to Illegal Drug TraffickingRead the Press Release
POCATELLO – Lucio Juarez, 36, of Burley, Idaho, pleaded guilty today to conspiracy to distribute methamphetamine, United States Attorney Bart M. Davis, announced.
According to the plea agreement, Juarez sold methamphetamine to an undercover law enforcement agent four times between December 6, 2016, and April 3, 2017. A fifth sale was arranged, but Juarez was arrested prior to the sale taking place. At the time of his arrest, Juarez had in his possession approximately 11 ounces of methamphetamine. In total, Juarez sold more than 20 ounces of methamphetamine.
The charge of conspiracy to distribute methamphetamine is punishable by at least 5 and up to 40 years in prison, a maximum fine of $5,000,000, and four years up to a life term of supervised release.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Idaho State Police, the Cassia County Sheriff’s Office, and the Minidoka County Sheriff’s Office.
Bannock County Designated as Part of the Oregon-Idaho HIDTARead the Press Release
BOISE – Yesterday, Richard Baum, Acting Director of National Drug Control Policy, announced the designation of 16 new counties across California, Florida, Idaho, Illinois, Maryland, Michigan, New Jersey, New Mexico, New York, Pennsylvania, South Carolina, Tennessee, and West Virginia as High Intensity Drug Trafficking Areas (HIDTA) counties. This designation enables the 16 counties to receive Federal resources to further the coordination and development of drug control efforts among Federal, State, and local law enforcement officers, and allow local agencies to benefit from ongoing HIDTA initiatives that are working to reduce drug trafficking across the United States.
“Drug trafficking is a national problem that has to be addressed on the local level, and adding these counties to the HIDTA program is a critical part of this effort,” said Richard Baum, Acting Director of National Drug Control Policy. “These new designations and the funding they will bring will help our Federal, state, and local law enforcement officers work together to disrupt and dismantle the trafficking networks that are bringing drugs into our communities,” added Acting Director Baum.
“While Idaho continues to enjoy an overall low crime rate, drug violations reached a five-year high in 2016, having increased a concerning 15 percent over the preceding year,” added United States Attorney Bart M. Davis. “This spike in drug crime is not happening in every neighborhood or city. But the trend is real and should concern us all. It must not continue,” Davis said. “I applaud the efforts of elected leaders and law enforcement agencies in eastern Idaho, especially those that have joined the Eastern Idaho Partnership. The Partnership funds a Special Assistant United States Attorney, whose mission is to combat drug and violent crime in eastern Idaho,” Davis continued. Bannock now joins Ada and Canyon counties in the Oregon/Idaho HIDTA.
The newly-designated counties are:
• Sullivan County in Tennessee and Wood County in West Virginia as part of the Appalachia HIDTA
• Greenville County in South Carolina as part of the Atlanta/Carolinas HIDTA
• DuPage County in Illinois as part of the Chicago HIDTA
• St. Clair County in Michigan as part of the Michigan HIDTA
• Ocean County in New Jersey and Oneida County in New York as part of the New York/New Jersey HIDTA
• Bradford and Union Counties in Florida as part of the North Florida HIDTA
• San Benito County in California as part of the Northern California HIDTA
• Bannock County in Idaho as part of the Oregon/Idaho HIDTA
• Montgomery County in Pennsylvania as part of the Philadelphia/Camden HIDTA
• Collier and Martin Counties in Florida as part of the South Florida HIDTA
• Taos County in New Mexico as part of the Southwest Border HIDTA – New Mexico Region
• Dorchester County in Maryland as part of the Washington/Baltimore HIDTA
The HIDTA program was created by Congress in 1988 and serves as a catalyst for coordination among Federal, state, local, and tribal law enforcement agencies operating in areas determined to be critical drug trafficking regions of the United States. Law enforcement organizations working within HIDTAs assess drug-trafficking problems and design specific initiatives to decrease the production, transportation, and distribution of drugs. There are currently 28 HIDTAs located in 49 states, as well as in Puerto Rico, the U.S. Virgin Islands, and the District of Columbia.
Idaho State Inmate Sentenced to 33 Months for Sending Threats to JudgeRead the Press Release
BOISE – Brian Ray McClure, 55, an inmate of the Idaho Department of Corrections, was sentenced yesterday to 33 months in federal prison for mailing threatening communications to a Washington state judge, U.S. Attorney Bart M. Davis announced. Chief U.S. District Judge B. Lynn Winmill ordered that the federal sentence begin if McClure is granted parole by the Idaho Commission on Pardons and Parole or on March 1, 2019, whichever is earlier.
On August 10, 2017, McClure pleaded guilty to mailing threatening communications in violation of 18 U.S.C. § 876(c). According to his plea agreement, on April 15, 2015, he mailed two nearly identical letters to a state judge in King County, Washington threatening to kill the judge and his family. The judge received the letters and reported the matter to law enforcement. McClure, who is serving a sentence for prior crimes committed in Idaho, had no connection to the judge.
The case was investigated by the United States Postal Inspection Service, the United States Secret Service, and the Idaho Department of Corrections.
Bart M. Davis is Sworn in as United States AttorneyRead the Press Release
POCATELLO – Bart M. Davis has taken the oath of office to become the United States Attorney for the District of Idaho. Davis was nominated by President Donald J. Trump on July 20, 2017, and confirmed by the U.S. Senate on September 14, 2017. He took the oath of office from Ninth Circuit Judge N. Randy Smith.
“I am humbled and honored to continue to serve the great people of Idaho as United States Attorney,” Mr. Davis said. “I am grateful for the special trust and confidence shown me by President Trump, Attorney General Sessions, Senator Crapo, Senator Risch, and all of those who supported me throughout this process. I inherit a very capable office and look forward to joining them in continuing to do great things.”
As U.S. Attorney, Davis is the top-ranking federal law enforcement official in the state of Idaho, having prosecutorial responsibility over 44 counties in Idaho, encompassing more than 83,000 square miles and a population of nearly 1.5 million people. He leads three staffed offices located in Boise, Coeur d’Alene and Pocatello with 56 employees, including 28 attorneys. The office is responsible for prosecuting federal crimes in the district, including crimes related to immigration, terrorism, public corruption, child exploitation, firearms, and narcotics. The office also defends the United States in civil cases and collects debts owed to the United States.
Mr. Davis was born in Rapid City, South Dakota, and was raised in Idaho Falls, Idaho, where he began his legal practice focusing on commercial, regulatory, and transactional work. He also served in the Idaho State Senate for the past 19 years, including as Majority Leader for 15 years, and was a member of the Judiciary and Rules and the State Affairs committees. He represented Idaho as a commissioner to the Uniform Law Commission and is past chairman of The Council of State Governments. He graduated from Brigham Young University in 1978 and from the University of Idaho College of Law in 1980. Mr. Davis is married, has six children and 14 grandchildren.
Idaho Falls Man Sentenced to 132 Months for Receiving Child PornographyRead the Press Release
POCATELLO Clay Ross, 55, of Idaho Falls, Idaho, was sentenced yesterday in United States District Court to 132 months in federal prison for receiving sexually explicit images of minors, followed by 10 years of supervised release, Acting U.S. Attorney Rafael Gonzalez announced. Chief U.S. District Judge B. Lynn Winmill also ordered Ross to pay a $5,100 special assessment. Ross pleaded guilty to the crime on May 24, 2017.
According to the plea agreement, law enforcement agents downloaded over 100 sexually exploitative images and videos of minors from an individual later identified as Ross. A subsequent search of Ross’s home and electronic devices revealed he possessed approximately 688 images and 47 videos of child pornography.
The case was investigated by U.S. Immigration and Custom Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Federal Bureau of Investigation.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Pocatello Man Pleads Guilty to Transporting Child PornographyRead the Press Release
POCATELLO - Craig Marshall Grayson, 30, of Pocatello, Idaho, pleaded guilty yesterday to transportation of child pornography, Acting U.S. Attorney Rafael Gonzalez announced. Grayson was indicted by a federal grand jury in Pocatello on February 28, 2017.
According to the plea agreement, law enforcement agents downloaded four sexually exploitative videos of a minor from an individual later identified as Grayson between July 5 and August 12, 2016. A search of Grayson’s home and computer devices revealed his additional possession of approximately 978 images and 65 videos of child pornography.
The charge of transportation of child pornography is punishable by at least five, and up to 20, years in prison, a maximum fine of $250,000, and five years, up to a life term, of supervised release.
Sentencing is set for November 27, 2017, before U.S. District Judge David C. Nye at the federal courthouse in Pocatello.
The case was investigated by U.S. Immigration and Custom Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Idaho Internet Crimes Against Children Task Force.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Fort Hall Man Sentenced to a Life Term in Federal PrisonRead the Press Release
POCATELLO – Anthony Martin Ish, 34, of Fort Hall, Idaho, was sentenced today to life imprisonment by Senior U.S. District Judge Edward J. Lodge, Acting U.S. Attorney Rafael Gonzalez announced. A jury convicted Ish of second degree murder and assault with a deadly weapon on February 14, 2017, following a one-week jury trial in Pocatello, Idaho.
Evidence at trial established that on the evening of October 14, 2014, Ish shot and killed Darrel Auck outside Ish’s grandmother’s mobile home on the Fort Hall Indian Reservation. Auck and several others were in attendance for Ish’s birthday party. Eye witnesses testified that Ish fired a pistol at Auck several times, at close range, while Auck was trying to get away. Extensive search efforts were conducted by law enforcement and the community, including the Federal Bureau of Investigation, the Fort Hall Police Department, Shoshone-Bannock Tribes, and Search and Rescue, but Auck’s body has not been recovered.
This case was investigated by the Federal Bureau of Investigation and the Fort Hall Police Department.
Twin Falls Man Pleads Guilty to Attempted Coercion and Enticement of a MinorRead the Press Release
BOISE – Jerry Bob Stewart, 50, of Twin Falls, pleaded guilty today in United States District Court to attempted coercion and enticement of a minor, Acting U.S. Attorney Rafael Gonzalez announced.
According to the plea agreement, between July and August of 2015, Stewart communicated online with a ten-year old child located in California. The child told Stewart she was 19 years old, but Stewart proposed they engage in a father-daughter “fantasy” where the child was 14 years old. The communications were sexual in nature, and were discovered by the child’s grandmother. A detective with the Nevada County, California Sheriff’s Office took over the child’s accounts, and began communicating directly with Stewart, posing as the child. Between September and December of 2015, the detective repeatedly told Stewart that she was only 13 years old. Stewart continued to express his desire to have sexual contact with the child, and sent sexually explicit images to the child’s accounts. Stewart acknowledged the child’s age, stating “we can’t get in trouble,” and “let’s just say you are 18 or over . . . if anyone ask[s].”
In November of 2015, Stewart agreed to pay for a bus ticket for the child to travel to Idaho so that he could have sexual contact with the child, and sent an envelope containing $300.00 in U.S. currency to the child via U.S. Mail. On December 10, 2015, Stewart rented a room at a Twin Falls hotel under the child’s name, and traveled to a bus stop in Twin Falls to meet the child. Agents with Homeland Security Investigations contacted Stewart and discovered a box of condoms, two male sexual performance enhancement pills, and a bottle of lubricant in his vehicle.
Sentencing is set for November 28, 2017, before Chief U.S. District Judge B. Lynn Winmill. Attempted coercion and enticement of a minor is punishable by up to 20 years imprisonment, a $250,000 fine, a term of supervised release of not less than five years and up to life, and a $5,100 special assessment. As part of his plea, Stewart also agreed to forfeit a cell phone, tablet, and portable wireless internet device used in the commission of the charged offense.
The case was investigated by Homeland Security Investigations and the Nevada County, California Sheriff’s Office, with assistance from the Idaho Internet Crimes Against Children (ICAC) Task Force, the Twin Falls Police Department, and the Twin Falls County Sheriff’s Office, and was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Indiana Man Pleads Guilty to Possession of Child PornographyRead the Press Release
BOISE – Mark Eugene Timperley, 20, of Indianapolis, Indiana, pleaded guilty yesterday in the United States District Court to possession of child pornography, Acting U.S. Attorney Rafael Gonzalez announced.
According to the plea agreement, in February of 2017, a school resource officer with the Nampa Police Department was informed that a 14-year-old Nampa student was in an internet relationship with Timperley, and that Timperley planned to come to Idaho to live with the student. Nampa officers looked at the victim’s cell phone and saw text messages between Timperley and the victim where Timperley asked for and received images of the victim engaged in sexually explicit conduct.
Three days later, Nampa detectives met with Timperley in Boise after he got off a Greyhound bus. Timperley told the detectives that he was in an online relationship with the victim, that he knew the victim was 14 years old, and that he asked for and received sexually explicit images from the victim. The detectives took Timperley’s cell phone, examined its contents, and found approximately 46 explicit images of the victim.
Sentencing is set for November 20, 2017, before Chief U.S. District Judge B. Lynn Winmill. Possession of child pornography is punishable by up to 10 years imprisonment, a $250,000 fine, a term of supervised release of not less than five years and up to life, and a $5,100 special assessment. As part of his plea, Timperley also agreed to forfeit his cell phone used in the commission of the offense.
The case was investigated by the Nampa Police Department, Homeland Security Investigations, and the Canyon County Prosecutor’s Office. The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Idaho Falls Man Pleads Guilty in Access with Intent to View Child Pornography CaseRead the Press Release
POCATELLO – Thomas Wayne Anderson, 57, of Idaho Falls, Idaho, pleaded guilty yesterday to accessing with intent to view child pornography, Acting U.S. Attorney Rafael Gonzalez announced. Anderson was indicted by a federal grand jury in Pocatello on February 28, 2017.
According to the plea agreement, Anderson was initially apprehended in connection with a series of vandalism at recreational sites managed by the Bureau of Land Management. Pursuant to a search warrant, authorities searched Anderson’s laptop computer and found screen captures of child pornography that appeared to be from videos depicting child pornography. In court, Anderson admitted to using online video-conferencing services to view child pornography with other individuals.
The charge of access with intent to view child pornography is punishable by up to 20 years in prison, a maximum fine of $250,000, and up to a life-term of supervised release.
Sentencing is set for November 20, 2017, before U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
The case was investigated by the Idaho Internet Crimes Against Children (ICAC) Task Force and the Bureau of Land Management.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
U.S. Marshals Fugitive Task Force Arrests Two Convicted Sex OffendersRead the Press Release
BOISE – Yesterday, the United States Marshals Service (USMS) Fugitive Task Force arrested two convicted sex offenders on separate parole warrants, Acting U.S. Attorney Rafael Gonzalez announced. They were arrested together at a residence in Nampa, Idaho.
Corry Williams, 35 years of age, of South Carolina, was convicted in 2010 under the Uniform Code of Military Justice for rape of a child under 12 years, aggravated sexual assault of a child under 16 years and abusive sexual contact with a child under 16. The USMS arrested him on a federal parole warrant.
Dauna Miller, 42 years of age, of Idaho, was convicted in Canyon County in 2005 for lewd conduct with a minor child under 16. The USMS arrested her on an Idaho Parole Commission warrant.
The USMS had been looking for Williams since August 8, 2017. According to Idaho Parole Commission records, Miller also was wanted since August 8, 2017. The USMS believes the two traveled through multiple western states and attempted to cross the Canadian border before returning to Idaho.
The USMS Fugitive Task Force consists of deputy U.S. Marshals working hand-in-hand with deputies and officers from the Ada and Canyon County Sheriffs’ Offices, and the Boise City, Garden City and Nampa City Police Departments. The Task Force focuses on locating and arresting violent federal, state and local fugitives.
Fort Hall Man Pleads Guilty to Assault with a Dangerous WeaponRead the Press Release
POCATELLO – Murray James Plentywounds, 30, of Fort Hall, Idaho, pleaded guilty today to assault with a dangerous weapon, Acting U.S. Attorney Rafael Gonzalez, announced. Plentywounds was indicted in February 2017 by a federal grand jury in Pocatello.
According to the plea agreement, on November 29, 2016, the Federal Bureau of Investigation was advised that a stabbing had occurred on the Fort Hall Indian Reservation. The female victim was in the Portneuf Medical Center in Pocatello. An FBI agent met her there. The agent found that the victim was being treated for a stab wound to her left shoulder. The victim stated that she had been with friends on the Fort Hall Indian Reservation when she got into a vehicle with another female driving and Plentywounds in the back seat. As they were driving around, Plentywounds became angry at the victim and punched her in the left shoulder. At that time, the victim saw that Plentywounds was holding a knife and she realized that her clothing was cut, she was bleeding and she had been stabbed. The victim was treated at the hospital and has since recovered from her injuries.
The charge of assault with a dangerous weapon is punishable by up to ten years in prison, a maximum fine of $250,000 and up to three years of supervised release.
Sentencing will be November 20, 2017, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
The case was investigated by the Federal Bureau of Investigation and the Fort Hall Tribal Police.
Search of Homedale Residence Leads to Methamphetamine Charges Against Mexican NationalRead the Press Release
BOISE — Acting United States Attorney Rafael Gonzalez announced today that last week’s search of a residence in Homedale, Idaho, resulted in the filing of federal drug charges against Ricardo Renteria-Castillo, 29, a Mexican national. A criminal complaint filed last week in federal court alleges that on August 9, 2017, Renteria-Castillo possessed methamphetamine with the intent to distribute it. It also alleges that from July 2017, until August 8, 2017, Renteria-Castillo conspired with others to distribute methamphetamine.
Renteria-Castillo appeared in federal court in Boise on August 11, 2017. Trial has not yet been scheduled.
Both charges are punishable by up to 20 years in prison, a fine up to $1 million and three years of supervised release.
The following law enforcement agencies participated in the search of the residence were the Drug Enforcement Administration, the Homedale Police Department, the Boise Police Department, the Nampa Police Department, the Valley County Sheriff’s Office, the Canyon County Sheriff’s Office, the Ada County Sheriff’s Office, and the Mini Cassia Drug Task Force. The investigation is also part of the Organized Crime and Drug Enforcement Task Force (OCDETF), which includes the cooperative law enforcement efforts of the Federal Bureau of Investigation; Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Internal Revenue Service-Criminal Investigation; and the U.S. Marshals Service. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
A complaint is a means of charging a person with criminal activity. It is not evidence. A person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Michigan Man Sentenced for Credit and Debit Card FraudRead the Press Release
BOISE – Devin Arthur Searcy, 23, of Redford Charter Town, Michigan, was sentenced today to 24 months in prison followed by three years of supervised release for conspiracy to commit wire fraud, Acting U.S. Attorney Rafael Gonzalez announced. Chief U.S. District Judge B. Lynn Winmill also ordered Searcy to pay $7,299.33 in restitution. Searcy pleaded guilty on May 8, 2017.
According to statements made in court, Searcy and his co-defendant, Juwuan Demilo Gordon, agreed to travel to the District of Idaho, the District of Colorado, the District of Utah, and the Western District of Oklahoma for the purpose of making fraudulent purchases of gift cards and prepaid debit cards from retail stores, using stolen credit card numbers embossed onto counterfeit credit and debit cards. Prior to traveling to the different districts, Searcy and Gordon obtained counterfeit credit and debit cards in Michigan. Law enforcement recovered at least 12 counterfeit credit cards and 105 gift cards and prepaid debit cards from the pair.
Juwuan Gordon, 27, of Westland, Michigan, was sentenced on July 27, 2017, to 27 months in prison followed by three years of supervised release for conspiracy to commit wire fraud. Judge Winmill also ordered Gordon to pay $7,299.33 in restitution.
The case was investigated by the Boise Police Department and the United States Secret Service.
Last Co-Conspirator of Loren Toelle Drug Trafficking Organization Sentenced to PrisonRead the Press Release
COEUR D'ALENE – The last co-conspirator from the Loren Toelle drug trafficking organization was sentenced yesterday to prison, Acting U.S. Attorney Rafael Gonzalez announced. The sentence was part of a significant drug investigation and prosecution under the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program. The sentence was handed down by Chief U.S. District Judge B. Lynn Winmill.
Jessica Nadine Frederick, 27, of Liberty Lake, Washington, was sentenced to 37 months prison and 3 years supervised release for her role in the drug conspiracy. Frederick became involved in 2011 when she began dating Loren Toelle’s brother and co-conspirator, Robert Hill. In November of last year, Frederick pleaded guilty to conspiracy to distribute heroin, oxycodone and methamphetamine.
Overall, the ten defendants in the Loren Toelle drug trafficking organization were sentenced to a total of 729 months in prison, or over 60 years. Throughout the sentencings, Judge Winmill noted the devastating effect the opioid epidemic has had on individuals.
Judge Winmill also ordered Frederick to forfeit $355,000 in cash proceeds.
The case is a result of a joint investigation and cooperative law enforcement efforts of the Organized Crime and Drug Enforcement Task Force. The OCDETF program is a federal multi-agency, multi-jurisdiction task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation and prosecution of major drug trafficking organizations.
Several federal, state and local agencies participated in the investigation and prosecution: the FBI North Idaho Violent Crime Task Force, consisting of the FBI, the Coeur d’Alene Police Department, the Kootenai County Sheriff’s Office, and the Post Falls Police Department; the Drug Enforcement Administration (DEA), the Internal Revenue Service-Criminal Investigation (IRS-CI), the U.S. Marshals Service and the Department of Homeland Security. Other agencies involved included the Williston, North Dakota, Police Department; the United States Attorney’s Offices in the Districts of Nevada and North Dakota; the Williams County, North Dakota Sheriff’s Office in South Dakota; the U.S. Border Patrol; the North Dakota Bureau of Criminal Investigation; the Northwest Narcotics Task Force; and the Washington State Patrol.
Worley Man Pleads Guilty to Stealing $64,321 from the Coeur d'Alene CasinoRead the Press Release
COEUR D’ALENE – Colten Nicholas Curley, 20, of Worley, Idaho, pleaded guilty today to theft by an employee of a gaming establishment, announced Acting U.S. Attorney Rafael Gonzalez. Curley was indicted by a federal grand jury in Coeur d’Alene on April 18, 2017.
According to the plea agreement and statements made in court, Curley was an employee of the Coeur d’Alene Casino. Between August 7, 2016, and November 18, 2016, the date Curley’s employment was terminated, Curley stole $64,321 in cash from the casino’s counting room as he processed money. Many thefts were captured on video surveillance.
Sentencing is set for December 8, 2017, before Chief U.S. District B. Lynn Winmill. The charge of theft by an employee of a gaming establishment is punishable by up to 20 years in prison, a maximum fine of $1,000,000, a term of supervised release of not more than three years and a $100 special assessment.
The case was investigated by the Federal Bureau of Investigation and the Coeur d’Alene Tribal Police Department.
Ninth Circuit Affirms All Convictions in DBSI CaseRead the Press Release
BOISE - By Memorandum Disposition today, a three-judge panel of the Ninth Circuit Court of Appeals unanimously affirmed all of the criminal convictions of Douglas L. Swenson, Mark A. Ellison, David D. Swenson, and Jeremy S. Swenson, former executives of Diversified Business Services and Investments, Inc. (“DBSI”) of Meridian, Idaho. The Ninth Circuit explained that it was affirming all four men’s “convictions and sentences in virtually all respects,” but was vacating and remanding the $32,158,501 order of restitution for a $3,408,413 reduction as to defendants Mark A. Ellison, David D. Swenson, and Jeremy S. Swenson.
After a forty-five-day trial before Chief Judge B. Lynn Winmill in 2014, a jury convicted all four defendants of all forty-four counts of securities fraud, and defendant Douglas L. Swenson of an additional thirty-four counts of wire fraud. The jury found that the defendants had operated DBSI as a fraud on its securities investors, and that its CEO and founder, defendant Douglas L. Swenson, had affirmatively lied to or misled investors.
In the summer of 2014, the district court sentenced defendant Douglas L. Swenson to 240 months in prison and to pay $180,632,025 in restitution; defendant Mark A. Ellison to 60 months in prison and to pay $32,158,501; defendant David D. Swenson to 36 months in prison and to pay $32,158,501; and defendant Jeremy S. Swenson to 36 months in prison and to pay $32,158,501. Each of the defendants appealed their convictions to the Ninth Circuit Court of Appeals. Douglas Swenson, David Swenson, and Jeremy Swenson also appealed their sentences. The Ninth Circuit permitted the defendants to remain released from prison pending the resolution of their appeals.
In affirming all of the convictions against all of the defendants, the Ninth Circuit stated that “there was a plethora of evidence from which a rational juror could have found that each Appellant was guilty of the crimes for which he was convicted.” In affirming defendant Douglas L. Swenson’s 240-month sentence, the Ninth Circuit stated that the sentence was “substantively reasonable,” citing the district court’s thorough consideration of the “seriousness of the offenses, Douglas’s personal characteristics, his role in the offenses, and the staggering losses to the victims.”
After the government conceded calculation error on the restitution amount, the Ninth Circuit vacated the district court’s $32,158,501 order of restitution as to defendants Mark A. Ellison, David D. Swenson, and Jeremy S. Swenson. The Ninth Circuit remanded the matter to the district court with instructions that the restitution amount be reduced by $3,408,413.
The defendants may seek panel rehearing or rehearing en banc of the three-judge panel’s decision before the Ninth Circuit Court of Appeals, and may petition for a writ of certiorari before the United States Supreme Court.
Meridian Man Sentenced to Federal Prison for Dealing Firearms at Treasure Valley Gun ShowsRead the Press Release
BOISE — Steven W. Clyne, 70, of Meridian, Idaho, was sentenced yesterday to 27 months in federal prison for dealing firearms without a license and making false statements when purchasing firearms, Acting United States Attorney Rafael Gonzalez announced. Clyne was convicted by a federal jury at trial in March of this year.
Federal law establishes a system designed to prevent guns from falling into the hands of felons and others who cannot legally possess firearms. When a person is engaged in the business of dealing firearms, meaning essentially that the person’s principal objective of selling firearms is for livelihood and profit, then they must obtain a federal firearms license. They also may not sell firearms without first requiring the purchaser to show photo identification, certify that he is the actual buyer, complete a form certifying that he is not prohibited from possessing firearms, and then complete a background check to ensure he is not prohibited.
Clyne violated federal law by engaging in the business of dealing firearms without a license to do so, and without following requirements such as conducting background checks. Ultimately, some firearms that Clyne sold ended up at crime scenes and in the hands of dangerous criminals in Idaho, California, and other locations.
According to evidence presented at trial, Clyne purchased hundreds of firearms from licensed firearm dealers and then resold those same firearms to others for an increased price at area gun shows from January 2013 until November 12, 2015. Each time Clyne purchased the firearms from local gun stores, he completed paperwork certifying that he was the actual buyer of the firearms. Each form also specifically notified Clyne that “the repetitive purchase of firearms for the purpose of resale for livelihood and profit without a Federal firearms license is a violation of Federal law.” The federal jury that found Clyne guilty concluded that he willfully committed the crime knowing that his conduct was unlawful.
After learning that guns purchased by Clyne were found at numerous crimes scenes, agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) began to investigate Clyne. During the investigation, undercover agents purchased numerous firearms from Clyne at Treasure Valley gun shows. On one occasion, an agent telephoned Clyne and asked to purchase two handguns. Clyne agreed to sell the handguns and told the agent he would purchase the handguns later that same day. When Clyne purchased the handguns from the licensed firearm dealer, he falsely stated that he was the actual buyer of the handguns knowing that he was actually acquiring the handguns on behalf of another person.
On November 12, 2015, ATF agents searched Clyne’s residence pursuant to a federal search warrant. Agents found approximately 30 firearms and other items showing Clyne was selling firearms for livelihood and profit. Clyne admitted to agents that he purchased firearms, increased the prices, and then resold the firearms.
At sentencing, the government presented evidence that at least 10 firearms sold by Clyne were later recovered at crimes scenes or in the hands of dangerous criminals. Police in Modesto, California, found one of the guns at the scene of a murder. The man in possession of the gun was murdered during a botched drug deal. Another gun initially purchased and then resold by Clyne was found in Los Angeles, California, in the possession of a registered sex offender. Police recovered the gun along with child pornography and components used to make a destructive device. Police recovered at least three other firearms linked to Clyne in California and another was found in Phoenix, Arizona. Other firearms purchased by Clyne were recovered in Idaho including two found in Nampa and another near Twin Falls. Those firearms were recovered from convicted felons who were also trafficking methamphetamine.
During sentencing, Chief U.S. District Judge B. Lynn Winmill found that the number of firearms involved in the offense was in excess of 200 and was probably closer to 400. Judge Winmill also concluded that Clyne had not accepted responsibility. In fashioning his sentence, Judge Winmill took into account Clyne’s age of 70 years old and his accompanying health conditions. Clyne will self-surrender to the Bureau of Prisons when notified to do so.
“In his pursuit of money, Steven Clyne willfully disregarded federal law knowing that certain people would pay a premium for not having to complete paperwork and a background check,” said Gonzalez. “This case is an unfortunate example of what happens when someone violates those federal firearms laws.”
“The illicit trafficking in Firearms remains ATF's highest national priority. Mr. Clyne's willingness to operate outside the law, directly put his fellow Americans at risk,” said Seattle Field Division Special Agent in Charge Darek Pleasants.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
“Great Outdoors Bandit” Arrested in Los AngelesRead the Press Release
LOS ANGELES -On Sunday, August 13, 2017, Josue Daniel Alfaro, a/k/a Danny Alfaro, a/k/a the “Great Outdoors Bandit,” was arrested, pursuant to an arrest warrant for bank robbery, at the Los Angeles International Airport while attempting to board a Wow Airlines flight to Brussels, Belgium.
Previously, on Friday, August 11, 2017, Mr. Alfaro was charged by criminal complaint in the District of Idaho with bank robbery, and an arrest warrant issued. According to the affidavit accompanying the criminal complaint, which was unsealed today, the following banks were robbed on the following dates by a person matching Mr. Alfaro’s description and wearing a baseball-style cap and sunglasses:
-On December 21, 2016, the U.S. Bank at 10500 West Overland Road in Boise, Idaho;
-On December 21, 2016, the Idaho Central Credit Union at 1615 South Celebration Avenue in Meridian, Idaho;
-On March 24, 2017, the Bank of the West at 9140 West Emerald Street in Boise, Idaho;
-On May 24, 2017, the Alpine Credit Union at 351 East 800 South in Orem, Utah;
-On August 7, 2017, the Bank of the West at 9140 West Emerald Street in Boise, Idaho;
-On August 7, 2017, the Pioneer Federal Credit Union at 850 East Fairview Avenue in Meridian, Idaho;
-On August 7, 2017, the Clarity Federal Credit Union at 555 South Meridian Road in Meridian, Idaho.
According to the affidavit, on August 7, 2017, a person matching Mr. Alfaro’s description appeared at the Idaho Independent Bank in Mountain Home, Idaho. The person was not wearing sunglasses or disguising his face in any way. The person requested to exchange $1,500 in $100 bills for $50 bills. The bank denied the request and provided photographs of the person’s face and the vehicle he was driving – a black Mitsubishi Outlander – to law enforcement. A vehicle appearing to be a black Mitsubishi Outlander was also photographed during the August 7, 2017 robbery of the Pioneer Federal Credit Union in Meridian.
According to the affidavit, on August 9, 2017, the FBI sent out a media release of the Idaho Independent Bank surveillance photographs. Two people – an acquaintance and Mr. Alfaro’s brother – positively identified Mr. Alfaro as the person in the photographs.
According to the affidavit, Mr. Alfaro’s brother advised law enforcement that, on August 5, 2017, Mr. Alfaro and his sister drove in a rental car from their residence in Los Angeles, California to the family’s residence in Utah. On the morning of August 7, 2017, Mr. Alfaro borrowed his mother’s black Mitsubishi Outlander, left the residence in Utah, and did not return until two days later. On the morning of August 10, 2017, Mr. Alfaro argued with his sisters and appeared to have cried. Mr. Alfaro’s brother learned that the argument was initiated when Mr. Alfaro’s sisters confronted Mr. Alfaro about the bank surveillance photographs in the media. Mr. Alfaro drove back to California in the rental car.
On Monday, August 14, 2017, Mr. Alfaro had his initial appearance and arraignment on the criminal complaint before the United States Magistrate Court for the Central District of California. Mr. Alfaro was detained and will be transported to the District of Idaho for trial.
The case is being investigated by the Federal Bureau of Investigation, United States Customs and Border Protection, Boise Police Department, and Meridian Police Department.
A criminal complaint is a means of charging a person with criminal activity. It is not evidence. The person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Nampa Woman Indicted for Mail TheftRead the Press Release
BOISE – Laura Alicia Cox, 56, of Nampa, Idaho, was indicted by a federal grand jury on August 8, 2017, for two counts of mail theft by a postal employee, Acting U.S. Attorney Rafael Gonzalez announced.
The indictment alleges that Ms. Cox, then a Postal Service employee, stole mail that was for delivery by the U.S. Post Office in Melba, Idaho. The indictment is not evidence, and Ms. Cox is innocent of the charges until proven guilty.
Mail theft by a postal employee is a felony punishable by up to 5 years of imprisonment and/or a $250,000 fine, 3 years of supervised release and a $100 special assessment.
This case was investigated by the United States Postal Service, Office of Inspector General.
Owner of Jet Boat Companies Sentenced to 63 Months in PrisonRead the Press Release
BOISE – Christopher Bohnenkamp, 42, formerly of Kuna, Idaho, was sentenced today in United States District Court to 63 months in prison, followed by three years of supervised release, for the crimes of wire fraud and bank fraud, Acting U.S. Attorney Rafael Gonzalez announced. Judge B. Lynn Winmill will set a separate hearing to determine restitution and forfeiture amounts. Bohnenkamp pleaded guilty to one count of wire fraud and one count of bank fraud on April 25, 2017.
According to the plea agreement, from 2009 through 2015, Mr. Bohnenkamp was the owner of Treasure Valley Marine, Inc. and Bohnenkamp’s Whitewater Customs, Inc. located in Meridian, Idaho (and later Boise, Idaho). TVM/BWC sold and built custom-made jet boats and trailers and generally required customers to pay upfront.
As it related to the wire fraud count, the plea agreement provided that, in or about 2014, Bohnenkamp devised and intended to devise a scheme to obtain money and property from customers and material vendors of TVM/BWC by means of materially false and fraudulent pretenses, representations and promises, and to misappropriate without authority money and property belonging to customers and material vendors of his companies. Knowing that TVM/BWC was financially insolvent, from May of 2014 through December of 2014, Bohnenkamp continued to accept orders and upfront payments from 13 new customers and parts on credit from material vendors. At the time, he knew that the upfront payments from new customers would be used to pay old debts and complete the boats of existing customers, not to construct the boats of the new customers or pay for new parts. In doing so, Bohnenkamp acted with the intent to deceive the new customers and material vendors. The 13 new customers did not receive the completed boats and trailers for which they paid. On or about December 2, 2014, for the purpose of executing the scheme, Bohnenkamp caused a $125,728 check drawn on KeyBank on behalf of customer D.H. to be deposited in Washington Trust Bank, causing an interstate wire transfer of funds.
According to the plea agreement, Bohnenkamp’s wire fraud scheme: (i) resulted in an actual loss of between $1,500,000 and $3,500,000; (ii) involved 10 or more victims; (iii) affected financial institutions, to wit: Washington Trust Bank, KeyBank, Idaho Central Credit Union, Mountain West Bank of Montana, and Les Bois Credit Union that loaned money to customers to purchase jet boats and trailers that were never built and delivered; and (iv) resulted in Bohnenkamp deriving more than $1,000,000 in gross receipts from the above financial institutions.
As it related to the bank fraud count, the plea agreement provided that, on or about January 6, 2012, in the District of Idaho, Bohnenkamp knowingly executed and attempted to execute a scheme to obtain moneys, funds, credits, asset, securities, and other property owned by, and under the custody or control of KeyBank. Specifically, he caused to be submitted to KeyBank a false bill of sale for customer D.B, with the intent to defraud KeyBank. The bill of sale inflated the purchase price of the boat ordered by D.B., misrepresented that D.B. had made a $20,000 cash deposit, when he had not, and omitted that $59,283 of the loan proceeds would be kicked-back to D.B. As a result, KeyBank disbursed loan proceeds of $272,982 to TVM/BWC, of which TVM/BWC kicked-back $59,283 to D.B.
The case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation Division.
Two Men from New York Plead Guilty to Identity TheftRead the Press Release
BOISE – Jason Morel, 22, and Kenith Quesada, 23, of Bronx, New York pleaded guilty yesterday in United States District Court to aggravated identity theft, Acting U.S. Attorney Rafael Gonzalez announced.
According to the plea agreements, Morel and Quesada traveled to Idaho to defraud AT&T stores and AT&T customers. Morel and Quesada fraudulently impersonated real AT&T customers, presented counterfeit driver’s licenses and credit cards, and purchased iPhones using other customers’ accounts. When they were arrested, law enforcement found 15 fake driver’s licenses bearing Morel’s and Quesada’s photographs, as well as 15 fake credit cards. Law enforcement verified that the names on the fake driver’s licenses and credit cards were real AT&T customers. Law enforcement also found 19 fraudulently-purchased iPhones still in their original packaging.
Sentencing is set for October 19, 2017, before Senior U.S. District Judge Edward J. Lodge.
Aggravated identity theft is punishable by a mandatory two years of imprisonment, up to a $250,000 fine, a term of supervised release of up to one year, and a $100 special assessment.
The case was investigated by the Boise Police Department and the United States Secret Service.
Oglala Tribal Member Sentenced for Involuntary ManslaughterRead the Press Release
POCATELLO – Ruben Wounded Head, III, 20, of Chubbuck, Idaho, was sentenced today to a total of 46 months imprisonment for involuntary manslaughter resulting from a drunk driving crash, Acting U.S. Attorney Rafael Gonzalez, announced. Wounded Head will serve 34 months in federal prison in addition to the 12 months he already served in Fort Hall Tribal Jail on the same charge, for a total of 46 months. Wounded Head pleaded guilty to the charges in federal court in May 2017.
According to the plea agreement, on November 13, 2015, Wounded Head drove with friends to buy alcohol, and his friends left the store with two bottles of Bacardi rum and went to an area on the Fort Hall reservation known as Ferry Butte. There, Wounded Head drank one bottle of rum. Wounded Head then drove his friends back to a residence on the reservation and then proceeded to drive home. At approximately 2:50 a.m., at the intersection of Hawthorne Road and Cemetery Road, Wounded Head’s 2005 Chevrolet Avalanche crossed the centerline and crashed head-on into a Chevrolet Tahoe, killing both occupants of the Tahoe. Wounded Head’s Avalanche was traveling between 59 and 61 miles per hour at the time of crash. The posted speed limit in the area is 45 miles per hour. Wounded Head’s blood alcohol level at the hospital was 0.216 percent, far in excess of the legal limit.
Chief U.S. District Judge B. Lynn Winmill also ordered Wounded Head to pay $13,480 in restitution to the victims’ families and ordered that Wounded Head be on supervised release for three years following his prison sentence.
The case was investigated by the Federal Bureau of Investigation and the Fort Hall Tribal Police.
Two Men Sentenced for Separate Credit and Debit Card Fraud SchemesRead the Press Release
BOISE – Juwuan Demilo Gordon, 27, of Westland, Michigan, and Yulian Cruz Santa Cruz, 23, of Las Vegas, Nevada, were sentenced on July 27 and July 28, respectively, by Chief U.S. District Judge B. Lynn Winmill in the United States District Court in Boise on charges arising from credit and debit card fraud, Acting U.S. Attorney Rafael Gonzalez announced.
Gordon was sentenced to 27 months in prison followed by three years of supervised release for conspiracy to commit wire fraud. Judge Winmill also ordered Gordon to pay $7,299.33 in restitution. Gordon pleaded guilty to conspiracy to commit wire fraud on April 24, 2017.
According to the plea agreement, Gordon and co-defendant Devin Searcy agreed to travel to Idaho, Colorado, Utah, and Oklahoma to make fraudulent purchases of gift cards and prepaid debit cards from retail stores. Gordon and Searcy used stolen credit card numbers embossed onto counterfeit credit and debit cards that they obtained in Michigan. Law enforcement recovered at least twelve counterfeit credit cards and 105 gift cards and prepaid debit cards from Gordon and Searcy. Searcy also pleaded guilty to conspiracy to commit wire fraud. He will be sentenced in August.
Santa Cruz was sentenced to four months in prison, in addition to two months already served, followed by three years of supervised release for wire fraud. Judge Winmill also ordered Santa Cruz to pay $15,277.89 in restitution. Santa Cruz pleaded guilty to the charge on April 27, 2017.
According to the plea agreement, co-defendants Santa Cruz and Yaniel Villafana Febles traveled from Nevada to Idaho and used stolen debit card numbers to buy merchandise and gift cards from Walmart stores in the Treasure Valley. When Santa Cruz and Febles were apprehended, they had in their possession 74 pre-paid debit cards that had been re-encoded with stolen account numbers. Santa-Cruz admitted to perpetrating this fraud scheme in Idaho on at least one prior occasion. Febles pled guilty to wire fraud and was sentenced in June to six months in prison and three years of supervised release.
Both cases were investigated by the Boise Police Department and the United States Secret Service.
Post Falls Woman Pleads Guilty to Theft from a Tribal OrganizationRead the Press Release
COEUR D’ALENE – Julianna Park, 53, of Post Falls, Idaho, pleaded guilty yesterday to theft from a tribal organization, announced Acting U.S. Attorney Rafael Gonzalez. Parker was indicted by a federal grand jury in Coeur d’Alene on July 20, 2016.
According to the plea agreement and statements made in court, Parker was an employee of the Coeur d’Alene Tribe in its Natural Resources Department in the Land Services Program since 2009. In September 2015, an investigation revealed Parker stole 15 checks totaling $12,870.09 that were meant for the tribe. Parker altered and negotiated checks either by depositing the checks into her own account or cashing the leased land payment checks originally payable to the tribe.
Sentencing is set for November 28, 2017, before Senior U.S. District Judge Edward J. Lodge. The charge of theft from a tribal organization is punishable by up to five years in prison, a maximum fine of $250,000, a term of supervised release of not more than three years and a $100 special assessment.
The case was investigated by the Coeur d’Alene Tribal Police and the Federal Bureau of Investigation.
Eastern Idaho Partnership Announces Special AUSA Program Statistics, New SAUSARead the Press Release
POCATELLO – Acting United States Attorney Rafael Gonzalez and Bingham County Prosecuting Attorney Cleve B. Colson have announced that from January 2016 through July 26, 2017, the U.S. Attorney’s Office prosecuted an additional 55 offenders for firearm, illegal alien, child porn, violent crime, and drug-related crimes committed in eastern Idaho through the new Special Assistant United States Attorney program (SAUSA program) in eastern Idaho.
Thus far, 28 of the 55 charged have been convicted and received federal sentences for a total of 2,008 months, averaging 6.4 years per criminal sentence. The 55 cases indicted were referred from 13 cities and 9 counties. It is estimated that the charges represent over $800,000 in drugs seized and 30 illegally possessed firearms.
Presently, the average cost of incarceration per inmate per year is approximately $20,973, or $1,747 per month. Thus, the 2008 months of federal sentences in the cases represents approximately $3,500,000 in cost savings to the Idaho Department of Corrections if the Idaho Department of Corrections was to bear the costs.
Bryan Wheat, the current eastern Idaho SAUSA, was hired in February 2017. He is a Bingham County deputy prosecutor who works full-time in the U.S. Attorney’s Office in Pocatello. His caseload focuses on gun and gang violence, drug trafficking, and immigration offenses affecting eastern Idaho.
Mr. Wheat has been practicing law for nearly five years. A native of Inkom, Idaho, Mr. Wheat graduated from Idaho State University before earning his law degree from the University of Idaho in 2012. He worked as a county prosecutor in Washington County, Utah, prior to returning to Pocatello. While there, he worked with a regional drug and gang task force handling felony cases consisting primarily of drug, violent crime, and gang cases. He also served as a Special Assistant United States Attorney for the District of Utah.
“Prosecution of these 55 offenders was made possible through the transcendent vision of the Eastern Idaho Partnership, the State of Idaho, the Bingham County Prosecuting Attorney’s Office, as well as their prosecution partners in this office,” said Gonzalez. “We have always worked cooperatively to make our eastern Idaho communities safer and stronger. This program is the result of our history of working together. Moreover, the success of this program demonstrates that we can do more when we do it together. We are maximizing public safety and efficiently using taxpayer resources and look forward to continued success.”
“I’m grateful to Rafael Gonzalez, Cleve Colson, and the members of the Eastern Idaho Partnership for the opportunity to return home and be a part of this innovative project,” Wheat said. “This program is a thrifty, effective way to help keep our communities safe. By working together, the agencies and prosecutors involved in the Partnership are multiplying their effectiveness in combatting serious local criminal activity. This program represents the commitment and forward-thinking of those who work hard to keep eastern Idaho a safe place for our families.”
The Eastern Idaho SAUSA program is sponsored by the Eastern Idaho Partnership (EIP), a coalition of local city and county officials in eastern Idaho. The EIP provides approximately 30 percent of the SAUSA’s salary and benefits; the State of Idaho through the Idaho Department of Correction contributes the remaining 70 percent. The project allows law enforcement to utilize federal sentences to see that persistent and violent criminals receive stiffer penalties than they might in state courts. Federal sentences are served out of-of-state, helping to disrupt criminal networks. Special AUSA Wheat says “the net result we strive to achieve is to help eastern Idaho continue to be a wonderful, safe place to live.”
Chubbuck City Mayor Ken England stated, “The program is a strong and effective partnership. The dollars this program is saving is impressive but more important is the quality of life that is being promoted by getting these bad players out of our community.”
Bonners Ferry Man Sentenced to Five Years for Possession of Sexually Explicit Images of MinorsRead the Press Release
COEUR D’ALENE – Thurlo Eugene Clark, 72, of Bonners Ferry, Idaho, was sentenced today in federal court in Coeur d’Alene to 60 months in prison for possession of sexually explicit images of minors, Acting U.S. Attorney Rafael Gonzalez announced. Senior U.S. District Court Judge Edward J. Lodge also ordered a ten-year term of supervised release following Clark’s release from prison.
According to the plea agreement, Clark admitted that on May 6, 2016, law enforcement officers contacted him because officers received information that Clark tried to send child pornography via the internet. Clark admitted to law enforcement that he knowingly possessed child pornography which he had received by email. With Clark’s consent, law enforcement officers recovered various computer equipment that contained child pornography. At the time law enforcement contacted Clark, he possessed some 21,000 images of child pornography.
The case was investigated by the FBI and the Idaho Internet Crimes Against Children Task Force.
Kuna Man Pleads Guilty to Making False StatementsRead the Press Release
BOISE – Aaron G. Hynes, 27, of Kuna, Idaho, pleaded guilty today to making false statements to the United States Department of Transportation (“USDOT”), Acting U.S. Attorney Rafael Gonzalez announced. Pursuant to a written plea agreement filed with the court, Hynes pleaded guilty to a one-count criminal information.
According to the plea agreement, in August of 2015, Hynes solicited assistance from computer programmers to create a computer program that would automatically fill out at least 10,000 applications for USDOT numbers on the Federal Motor Carrier Safety Administration (“FMCSA”) website, using false and fictitious names, addresses, telephone numbers of applicants and company officials. The FMCSA issues USDOT numbers to commercial motor carriers to track safety or other operational violations. Hynes’s purpose was to fraudulently obtain the 10,000 USDOT numbers and sell them to motor carriers for a profit.
According to the plea agreement, in October of 2015, Hynes caused to be submitted to the FMCSA, through its website, approximately 2,100 applications for USDOT numbers, using names, addresses, telephone numbers of applicants and company officials he knew to be false and fictitious. The false and fictitious names, addresses, telephone numbers of applicants and company officials submitted to the FMCSA caused FMCSA to register the fictitious applicants and issue approximately 2,100 USDOT numbers.
According to the plea agreement, Hynes’s submission of the approximately 2,100 applications caused a loss of $51,389. $32,439 of this loss was attributable to the time and resources FMSCA expended to identify and deactivate the approximately 2,100 fraudulent USDOT numbers that it issued. The remainder of the loss related to the implementation of preventative measures by the FMCSA.
Sentencing is set for October 17, 2017, before Chief U.S. District Judge B. Lynn Winmill. A violation of making false statements to a government agency is punishable by up to five years in prison, a maximum fine of $250,000, a term of supervised release up to three years, and a $100 special assessment.
The case was investigated by the United States Department of Transportation, Office of the Inspector General.
American Falls Man Sentenced to 25 Years for Child EnticementRead the Press Release
POCATELLO – Jesus Nieto, 20, of American Falls, Idaho, was sentenced yesterday in United States District Court to 300 months in prison for enticing and coercing two underage girls, followed by 15 years of supervised release, Acting U.S. Attorney Rafael Gonzalez announced. Chief U.S. District Judge B. Lynn Winmill also ordered Nieto to pay a $5,100 special assessment. Nieto pleaded guilty to the charge on March 2, 2017.
According to the plea agreement, Nieto utilized Internet-based social media to communicate with two girls, ages 11 and 15, for the purpose of soliciting sexually explicit pictures and persuading and coercing the girls into engaging in sexual intercourse with him. Nieto communicated with the girls from approximately November 2015 to January 2016. Evidence introduced at sentencing indicated that Nieto had engaged in unlawful sexual activity with other underage girls as well.
The case was investigated by the American Falls Police Department, with the assistance of the Power County Prosecutor’s Office and U.S. Immigration and Custom Enforcement’s Homeland Security Investigations.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Eleventh and Final Defendant Sentenced in Large Drug ConspiracyRead the Press Release
BOISE — John Matthew Caviness, Jr., 35, of Caldwell, Idaho, was sentenced today to 48 months in federal prison for his role in helping to distribute methamphetamine and other drugs throughout the Treasure Valley, Acting U.S. Attorney Rafael Gonzalez announced. Caviness and ten others were indicted on December 8, 2015, by a federal grand jury in Boise. On February 23, 2017, Caviness pleaded guilty to conspiring with others to distribute controlled substances. Caviness’ sentencing brings the case to a close as the other ten defendants were already sentenced.
The case began in January 2015 when Elizabeth Gaytan sold methamphetamine to undercover police officers on numerous occasions. Investigators later learned that Stacy Duane Wilfong was Gaytan’s source of supply and the leader of a larger group of individuals who distributed drugs throughout the Treasure Valley. Investigators applied for and received a court order that authorized the interception of Wilfong’s telephone communications. During the course of approximately twenty days, Wilfong made hundreds of calls to his co-conspirators related to the distribution of methamphetamine, heroin, pills including oxycodone and hydromorphone, and a synthetic controlled substance Alpha-pyrrolidinopentiophenone, known as "a-PVP."
The other ten defendants who already pleaded guilty and were sentenced by Senior U.S. District Judge Edward J. Lodge at the federal courthouse in Boise are:
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Stacy Duane Wilfong, 40, of Nampa, leader of the conspiracy, sentenced on October 4, 2016, to 220 months in prison;
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Elizabeth Ann Gaytan, 37, Nampa, sentenced on July 28, 2016, to 100 months in prison;
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Jason Lee Burgess, 44, of Garden City, sentenced on February 22, 2017, to 84 months in prison;
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Adam William Dillon, 28, Nampa, sentenced on March 8, 2017, to 74 months in prison;
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Anthony “Tony” Kitchen, from Nampa, sentenced on October 5, 2016, to 71 months in prison;
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David Anthony Wales, 31, Boise, sentenced on June 14, 2017, to 60 months in prison;
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Isela F. Garza, 36, Nampa, sentenced on November 10, 2016, to 48 months in prison;
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Regina Wade, 50, Boise, sentenced on August 9, 2016, to 41 months in prison;
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Jocelin Jessica Gonzalez, 19, Nampa, sentenced on July 28, 2016, to 40 months in prison; and
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Breeannyn Nicole Pederson, 25, Parma, sentenced on November 15, 2016, to 18 months in prison.
This case was the result of a joint investigation by the Treasure Valley Metro Violent Crime Task Force and the Organized Crime and Drug Enforcement Task Force (OCDETF). The Treasure Valley Metro Violent Crime Task Force is comprised of federal, state and local agencies, including the Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; Boise Police Department; Ada County Sheriff’s Office; Caldwell Police Department; Nampa Police Department; Meridian Police Department; Canyon County Sheriff’s Office; and Idaho Department of Probation and Parole. The Organized Crime and Drug Enforcement Task Force (OCDETF), includes the cooperative law enforcement efforts of the Federal Bureau of Investigation; Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms and Explosives; U. S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Internal Revenue Service-Criminal Investigation; and U.S. Marshals Service. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
The 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 treasurevalleypartners.org.
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Three men plead guilty to distributing methamphetamineRead the Press Release
COEUR D’ALENE – Andrew Byers, 27, of Craigmont, Idaho, Brice Heimgartner, 25, of Clarkston, Washington, and Salvador Saucedo, 27, of Milton-Freewater, Oregon, pleaded guilty this week to federal drug charges, Acting U.S. Attorney Rafael Gonzalez announced. Byers, Heimgartner and Saucedo pleaded guilty to conspiracy to distribute methamphetamine. Byers also pleaded guilty to possession with intent to distribute methamphetamine. Federal grand juries indicted the men in February and May 2017.
According to court documents, the Federal Bureau of Investigation and the Quad Cities Drug Task Force began investigating methamphetamine distribution in Lewiston, Clarkston, and within the boundaries of the Nez Perce Indian Reservation. During their investigation, law enforcement officers seized over 400 grams of pure methamphetamine, heroin and cash, during searches and arrests occurring in Idaho, Washington, and Oregon. The Nez Perce County Prosecutor’s Office coordinated with the U.S. Attorney’s Office to charge two of the men and bring them into federal custody. “My office will continue to work with the Quad Cities Drug Task Force and the U.S. Attorney’s Office to aggressively prosecute drug dealers who harm our community,” said Nez Perce County Prosecutor, Justin Coleman.
Sentencing for Byers, Heimgartner, and Saucedo is set for September 26 and 27, 2017, before Senior United States District Judge Edward J. Lodge. Co-defendants, Robin Rose and Kyle Seidel, each 31 and from Lewiston, Idaho, are set for trial on July 25, 2017.
Conspiracy to distribute methamphetamine is punishable by at least ten years and up to life in prison, at least five years of supervised release, a $10,000,000 fine, and a $100 special assessment.
Several federal, state and local agencies participated in the investigation and prosecution, including: Federal Bureau of Investigation, Nez Perce County Prosecutor’s Office, Lewiston Police Department, Idaho State Police – District 2, Nez Perce Tribal Police, Blue Mountain Enforcement Narcotics Team, and the Quad Cities Drug Task Force.
Self-proclaimed Vagos motorcycle club member sentenced to ten years in federal prisonRead the Press Release
David Allen Oney Jr., 35, of Nampa, Idaho, was sentenced to 120 months in federal prison today for distributing methamphetamine, Acting U.S. Attorney Rafael Gonzalez announced. Oney will have to serve a five-year period of supervised release following his term of imprisonment and pay a $100 special assessment. Oney entered his guilty plea to the charge on March 28, 2017.
According to court documents, Oney, a self-proclaimed member of the Vagos motorcycle club, sold over 100 grams of pure methamphetamine over the course of three separate drug buys. During the last controlled purchase of methamphetamine, law enforcements agents discovered that Oney had brought his young daughter along. Oney had been held at the Ada County Jail while awaiting sentencing. During that time, Oney threatened the life of a deputy, struck another inmate in the head and attempted to manipulate his jail cell door, among other violations.
This case was investigated by the Treasure Valley Metro Violent Crime Task. The Treasure Valley Metro Violent Crime Task Force is comprised of federal, state and local agencies, including the Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; Boise Police Department; Ada County Sheriff’s Office; Caldwell Police Department; Nampa Police Department; Meridian Police Department; Canyon County Sheriff’s Office; and Idaho Department of Probation and Parole.
Ponderay Man Sent to Prison on Federal Child Pornography ChargeRead the Press Release
COEUR D’ALENE – Aragon Miller, 43, of Ponderay, was sentenced yesterday in United States District Court to 57 months in prison, followed by ten years of supervised release, and a $5100 special assessment, for possession of child pornography, Acting U.S. Attorney Rafael Gonzalez announced. Miller pleaded guilty on March 1, 2017.
According to the plea agreement and statements made in court, as far back as 2014, law enforcement officers observed that a computer in the Sandpoint area was making images of children engaged in sexually explicit conduct available on the internet. Based upon this evidence, members of the Idaho Internet Crimes Against Children Task Force were able to determine that the computer was located in the defendant’s Ponderay residence and obtained a state search warrant. Miller was present during the search. He admitted that he used the internet and child pornography search terms, to download images he knew were illegal. When agents examined a computer seized from Miller’s residence they recovered 169 images and 21 videos of minors engaged in sexually explicit conduct. Miller also used software to delete these images after he viewed them.
Senior United States District Court Judge Edward J. Lodge also ordered Miller to forfeit a hard drive he used during the commission of the crime and to pay $5000 in restitution to a child depicted in several images that Miller possessed. Miller will be required to register as a sex offender because of his conviction.
This case was investigated by the Idaho Internet Crimes Against Children Task Force, a coalition of federal, state, and local law enforcement agencies who investigate and prosecute individuals who use the internet to criminally exploit children.
The case was brought as a part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources”
Post falls woman sentenced for bankruptcy fraudRead the Press Release
COEUR D’ ALENE - Rebecca C. Buell, 48, of Post Falls, Idaho, was sentenced today by Senior U.S. District Judge Edward J. Lodge in Coeur d’Alene for concealing assets in a bankruptcy proceeding. She was sentenced to three years probation, including 150 hours community service, and ordered to pay $38,960.53 in restitution. Buell pleaded guilty to the felony charge on January 31, 2017.
According to court records, while in bankruptcy proceedings, Buell failed to disclose to the bankruptcy trustee $38,960.53 she received in an inheritance. After discovering the concealment, the trustee referred the matter to the U.S. Attorney' Office for investigation and prosecution.
This case was investigated by the Internal Revenue Service Criminal Investigation section.
Phony Jury Duty ScamRead the Press Release
Citizens of the Treasure Valley are once again being victimized by a phone scam involving federal grand jury duty. Individuals are contacted by telephone from an imposter posing as an Ada County deputy sheriff demanding payment for failing to appear for federal grand jury service. The scam artist then demands payment via cash card or green dot card. After victims purchase the cash cards they are advised to call the imposters back to provide them with the numbers on the back of the card, allowing them to access the money immediately. Individuals are then directed to complete the transaction at a “bond kiosk” located at the Ada County Courthouse.
According to the Ada County Sheriff’s Office, deputies will never threaten citizens for missing jury duty, ask citizens to place funds on pre-paid credit cards or make payments at a courthouse kiosk. Further, the federal jury office will never threaten citizens for missing jury duty or ask for funds. If you do legitimately miss jury duty, you will receive a letter in the mail.
The Better Business Bureau advises that citizens can protect themselves from becoming a victim of identity theft by never disclosing personal information from unsolicited telephone callers.
Please contact the Ada County Sheriff’s Office at (208) 377-6790 or visit the Better Business Bureau online at https://www.bbb.org/snakeriver/.
Convicted felon sentenced to over 100 months in prisonRead the Press Release
Mathew Scott Grover, 28, of Nampa, Idaho was sentenced to a total of 102 months in Federal prison yesterday for violating conditions of supervised release and committing two new crimes: unlawful possession of ammunition and possession with intent to distribute methamphetamine, Acting U.S. Attorney Rafael Gonzalez announced. The Court sentenced Grover to 78 months of imprisonment for the new crimes and an additional 24 months of imprisonment for the supervised release violations. Grover was ordered to pay a fine of $750 and a $200 special assessment. Following his term of imprisonment, Grover will have to serve three years of supervised release. Grover pleaded guilty to the charges on March 20, 2017.
According to court documents, on October 5, 2016 Nampa Police Officers conducted a traffic stop on Grover near the intersection of Orchard Avenue and Midland Boulevard in Nampa, Idaho. Grover was arrested on a federal warrant for violating supervised release in a prior case, which involved convictions for conspiracy to participate in a racketeering enterprise and unlawful possession of a firearm. Later that day, United States Probation Officers, with the assistance of Nampa Police, searched the defendant’s residence in Nampa. Officers located $4,709 in cash and a plastic bag containing 42.09 grams of actual methamphetamine. Additionally, in the garage, officers found seven rounds of shotgun ammunition.
Grover had been previously investigated and convicted of conspiracy to participate in a racketeering enterprise and unlawful possession of a firearm in 2012. At the time, he was a member of the Brown Magic Clicka gang.
This case was investigated by the United States Probation Office, Bureau of Alcohol, Tobacco, Firearms and Explosives and the Treasure Valley Metro Violent Crime Task. The Treasure Valley Metro Violent Crime Task Force is comprised of federal, state and local agencies, including the Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; Boise Police Department; Ada County Sheriff’s Office; Caldwell Police Department; Nampa Police Department; Meridian Police Department; Canyon County Sheriff’s Office; and Idaho Department of Probation and Parole.
Boise Man Sentenced to 60 Months in Prison for Possession of Child PornographyRead the Press Release
BOISE – Ronald Lallatin, 60, of Boise, was sentenced today in United States District Court to 60 months in prison followed by five years of supervised release, and a $5,100 special assessment, for possession of child pornography, Acting U.S. Attorney Rafael Gonzalez announced. Lallatin pleaded guilty on March 1, 2017.
According to the plea agreement, in June of 2016, agents with the Department of Homeland Security served a search warrant on Lallatin’s residence in Boise, Idaho, based upon evidence that a computer at the residence had accessed and downloaded a video containing child pornography. Lallatin was present at the residence, and admitted to agents that they would find “child porn” on his computer, as he had viewed images of child pornography for at least the past five years. A laptop computer and nine electronic storage devices belonging to Lallatin were seized. When agents examined the devices, they discovered 6,484 still images and 937 videos containing child pornography, including images of prepubescent minors, images showing sadistic and masochistic conduct with minors, and images of the sexual abuse or exploitation of an infant or toddler.
Chief U.S. District Judge B. Lynn Winmill also ordered Lallatin to forfeit the computer and electronic storage devices used in the commission of the charged offense, and to pay a total of $6,000 in restitution to victims depicted in the images he possessed. As a result of his conviction, Lallatin will be required to register as a sex offender.
The case was investigated by The Department of Homeland Security, and was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Six Co-Conspirators of Loren Toelle Drug Trafficking Organization Sentenced to PrisonRead the Press Release
COEUR D'ALENE – Six co-conspirators of the Loren Toelle drug trafficking organization were sentenced Tuesday and Wednesday to prison on drug trafficking and money laundering charges, Acting U.S. Attorney Rafael Gonzalez announced. The sentences were part of a significant drug investigation and prosecution under the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program. The sentences were handed down by Chief U.S. District Judge B. Lynn Winmill.
Co-conspirators William Jaquett Barker, 31, of Williston, North Dakota; Sean Lee Jackson, 28, of Las Vegas, Nevada; Steven Wayne Jackson, 31, of Las Vegas, Nevada; Kristin Rene Wilson, 28, of Riverside, California; and Augustine Jackson, 32, of Williston, North Dakota, were sentenced on their guilty pleas to conspiracy to distribute controlled substances. Sean Jackson and Kristin Wilson also pled guilty to conspiracy to launder money. Sherlann Simon, 34, of North Las Vegas, Nevada, was sentenced for her guilty plea to conspiracy to launder money.
Barker was sentenced to 24 months in prison, three years supervised release and ordered a $2,000 fine. Judge Winmill also ordered Barker to forfeit $100,000 in cash proceeds. According to his plea agreement, Barker admitted that he and others agreed to distribute controlled substances in Idaho and elsewhere. Although the conspiracy lasted from at least 2009 until the arrests on February 4, 2016, Barker did not join the conspiracy until 2015. Barker maintained a residence in North Dakota where a member of the conspiracy came to sell heroin and oxycodone. Barker also admitted that he helped conceal, transport and sell controlled substances during his involvement.
Sean Jackson, Loren Toelle’s son, was sentenced to 96 months in prison, four years of supervised release and ordered to forfeit $555,000 in drug profits and $51,656.10 for his part in the money laundering conspiracy. According to his plea agreement, Jackson was an integral member of the DTO from 2009 until his arrest in 2016. He admitted that he and others agreed to distribute controlled substances in Idaho and elsewhere. Jackson also admitted helping launder proceeds for the DTO by depositing drug proceeds into bank accounts, as well as Money Tree or MoneyGram accounts, in an attempt to hide the money or to make it appear it was from a legitimate source.
Augustine Jackson, Loren Toelle’s daughter, was sentenced to 80 months in prison, three years supervised release and ordered to forfeit $154,089.03 in cash proceeds. According to her plea agreement, Augustine Jackson was a member of the DTO from 2009 until her arrest in 2016. She admitted that she and others agreed to distribute controlled substances in Idaho and elsewhere.
Sherlann Simon, another daughter of Loren Toelle, was sentenced to 15 months in prison, three years supervised release and ordered to forfeit $462,639.17 in cash proceeds. According to her plea agreement, Simon became a member of the DTO in 2010 and helped launder money for the DTO by depositing money she knew was from illegal drug sales into her personal and business accounts to conceal its true source.
Steven Jackson, another son of Loren Toelle, was sentenced to 41 months in prison, three years supervised release and ordered to forfeit $355,000 in cash proceeds. According to his plea agreement, Jackson became a member of DTO around 2010 until his arrest in 2016. He admitted that he and others agreed to distribute controlled substances in Idaho and elsewhere.
Kristin Wilson was sentenced to 108 months in prison, four years supervised release and ordered to forfeit $434,305.00 of drug profits and $154,089.03 for her part in the money laundering conspiracy. According to her plea agreement, Wilson was a member of the DTO from 2009 until her arrest in 2016. She admitted that she agreed to distribute controlled substances in Idaho and elsewhere, and helped launder proceeds for the DTO by depositing drug proceeds into bank accounts, as well as Money Tree or MoneyGram accounts, in an attempt to hide the money or to make it appear it was from a legitimate source.
Loren Toelle, the organizer and leader of the organization, pleaded guilty to conspiracy to distribute controlled substances and launder money. On May 2, 2017, she was sentenced to 212 months in prison.
The case is a result of a joint investigation and cooperative law enforcement efforts of the Organized Crime and Drug Enforcement Task Force. The OCDETF program is a federal multi-agency, multi-jurisdiction task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation and prosecution of major drug trafficking organizations.
Several federal, state and local agencies participated in the investigation and prosecution: the FBI North Idaho Violent Crime Task Force, consisting of the FBI, the Coeur d’Alene Police Department, the Kootenai County Sheriff’s Office, and the Post Falls Police Department; the Drug Enforcement Administration (DEA), the Internal Revenue Service-Criminal Investigation (IRS-CI), the U.S. Marshals Service and the Department of Homeland Security. Other agencies involved included the Williston, North Dakota, Police Department; the United States Attorney’s Offices in the Districts of Nevada and North Dakota; the Williams County Sheriff’s Office in South Dakota; the U.S. Border Patrol; the North Dakota Bureau of Criminal Investigation; the Northwest Narcotics Task Force; and the Washington State Patrol.
Former Utility Executive of Pleads Guilty to Federal Gun ChargeRead the Press Release
BOISE – Kenneth Frank Morehouse, 59, formerly CEO of Intermountain Gas, pleaded guilty on June 21, 2017, in United States District Court to unlawful possession of a firearm, Acting U.S. Attorney Rafael Gonzalez announced.
According to the plea agreement, Morehouse was prohibited from possessing a firearm due to a 2015 conviction in Ada County District Court for a misdemeanor crime of domestic violence. On February 22, 2016, Ada County Sheriff’s deputies were called to Morehouse’s residence by his wife, who feared that Morehouse was suicidal. A deputy encountered Morehouse in his home holding a firearm.
Sentencing is set for September 13, 2017, before Senior U.S. District Edward J. Lodge. Unlawful possession of a firearm is punishable by up to 10 years imprisonment, a $250,000 fine, a term of supervised release up to three years, and a $100 special assessment. As part of his plea, Morehouse also agreed to forfeit the firearm in question.
The case was investigated by the Bureau of Alcohol, Tobacco, and Firearms (ATF) and the Ada County Sheriff’s Office. It was brought as part of Project Safe Neighborhoods, a nationwide initiative launched in May 2001 by the Department of Justice to combat gun violence in the United States. Project Safe Neighborhoods marshals federal, state, and local resources to target and prosecute those who commit gun crimes. For more information about Project Safe Neighborhoods, visit https://www.bja.gov.
Coeur d’Alene Doctor to Serve Prison Sentence for Submitting False Tax ReturnsRead the Press Release
COUER D’ALENE – U.S. Chief District Judge B. Lynn Winmill sentenced Dr. Stanley Toelle to one month in federal prison to be followed by one year supervised release for submitting false income tax returns in 2012 and 2013, Acting U.S. Attorney Rafael Gonzalez announced. Pursuant to a plea agreement, Toelle admitted that his and his wife’s joint tax returns were false because they did not report that his wife, Loren Toelle, was conducting business activities. Toelle admitted that Loren Toelle generated income of $52,692.00 in 2012 and $111,396.00 in 2013, none of which was reported. As a result, Judge Winmill also ordered Toelle to pay $47,597.31 in restitution for back taxes on this revenue. Judge Winmill also ordered Toelle to pay a $5,000 fine.
Loren Toelle, now divorced from Toelle, pleaded guilty to conspiracy to distribute controlled substances and conspiracy to launder money. She was sentenced to 212 months in prison. Loren Toelle admitted to being the organizer and leader of her drug trafficking and money laundering organization, which involved her children and friends. This group sold oxycodone, heroin and methamphetamine in Idaho, Washington, Montana and North Dakota. The organization sold an average of about $1 million of illegal narcotics per year from 2012 through 2014.
Toelle maintains that he did not know about Loren Toelle’s drug organization and that it was the source of her income. In a separate civil action, he agreed to forfeit $150,000 to resolve forfeiture claims on two homes and other assets that constituted proceeds of Loren Toelle’s drug trafficking organization.
The case is a result of a joint investigation and cooperative law enforcement efforts of the Organized Crime and Drug Enforcement Task Force (OCDETF), including the FBI North Idaho Violent Crime Task Force which consist of the Coeur d’Alene Police Department, the Kootenai County Sheriff’s Office, Post Falls Police Department, Kootenai county Sheriff’s Department, Drug Enforcement Administration (DEA), Internal Revenue Service-Criminal Investigation (IRS-CI), U.S. Marshal Service and Department of Homeland Security. Other agencies involved include the Williston, North Dakota Police Department, the United States Attorney’s Offices in Las Vegas, Nevada and North Dakota, the FBI in North Dakota, Williams County Sheriff’s Office, U.S. Border Patrol, Williston Police Department, North Dakota Bureau of Criminal Investigation, Northwest Narcotics Task Force, the Washington State Patrol, the U.S. Marshal Service in Las Vegas, IRS-CI in Las Vegas, and the DEA in Las Vegas and the United States Attorney’s Office in Idaho.
The indictments are the result of a joint investigation of the Organized Crime and Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi agency, multi- jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
California Man Sentenced to 45 Months in Prison for Leading Cell-Phone Fraud SchemeRead the Press Release
BOISE – Jeromy Reeves, 27, of Fullerton, California, was sentenced to 45 months in prison for using fake drivers’ licenses to fraudulently obtain approximately $24,000 of iPhones at local wireless retailers, Acting U.S. Attorney Rafael Gonzalez announced. Senior U.S. District Judge Edward J. Lodge also sentenced Reeves to three years of supervised release.
On September 15, 2016, a federal jury indicted Reeves and co-defendants Brittany Terry, Karina Flores, and Joseph Jancu for their roles in the scheme. All defendants have pleaded guilty, with Reeves pleading guilty both to wire fraud and aggravated identity theft. Terry and Flores pleaded guilty to wire fraud. Jancu pleaded guilty to misprision of a felony.
According to the defendants’ plea agreements, Reeves obtained real driver’s license information of California residents and fraudulently changed them to contain photos of Terry and Flores. He then brought the group to Idaho where he directed Terry and Flores to use the fake IDs to obtain iPhones at local wireless stores by signing up for service contracts. The phones were provided to Terry and Flores but the costs were billed to the victims as part of the fraudulent contracts. Jancu drove the group around town and provided support as they executed the scheme. Fortunately, the Boise Police Department detected the fraud and caught the defendants before they were able to flee town.
On June 14, 2017, Judge Lodge sentenced Terry to three years probation for her wire fraud conviction and Jancu to one year probation for his misprision of a felony conviction. Flores is set to be sentenced on June 22, 2017.
Wire fraud is punishable by up to 20 years in prison, a $250,000 fine, and three years of supervised release. Aggravated identity theft is punishable by a mandatory two years in prison, to be served consecutively to the sentence imposed for the underlying felony. Misprision of a felony is punishable by up to three years in prison.
The case was investigated by the Boise Police Department.
Boise Man Pleads Guilty to Possession of Child PornographyRead the Press Release
BOISE – Jerrell Charles Keeley, 59, of Boise, pleaded guilty yesterday in United States District Court to possession of child pornography, Acting U.S. Attorney Rafael Gonzalez announced.
According to the plea agreement, in June of 2014, law enforcement in Ada County arrested Keeley for several criminal violations and booked him into the Ada County Jail. While incarcerated, Keeley called an acquaintance and requested he collect Keeley’s personal belongings from his residence. Keeley requested the acquaintance “throw away” some “inappropriate stuff” that was at the residence, and requested that he “drill holes” through his CDs, “erase” his zip drives and computer hard drives, and “throw them all.” Keeley’s acquaintance took Keeley’s personal belongings, including his computers, and stored them at a residence in Wilder, Idaho. The owner of that residence later observed images of child pornography in boxes containing Keeley’s belongings, and notified the Canyon County Sheriff’s Office and the Boise Police Department.
A detective with the Boise Police Department applied for a search warrant to search the electronic devices, which was signed by a State of Idaho Magistrate Judge. A computer forensics agent with Homeland Security Investigations examined the electronic devices and discovered at least 268 images and 10 videos containing child pornography, websites and search terms in the internet browser history indicative of child pornography, and identifying information showing Keeley owned and used the computers. The National Center for Missing and Exploited Children identified 122 images and 10 videos as depicting known child pornography victims.
Sentencing is set for August 31, 2017, before Chief U.S. District Judge B. Lynn Winmill. Possession of child pornography is punishable by up to 20 years imprisonment, a $250,000 fine, a term of supervised release of not less than five years and up to life, and a $5,000 special assessment. As part of his plea, Keeley also agreed to forfeit the computers and electronic storage devices used in the commission of the charged offense.
The case was investigated by the Boise Police Department, the Canyon County Sheriff’s Office, and Homeland Security Investigations, and was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Fort Hall Man Sentenced to 30 Years in Prison for Second Degree MurderRead the Press Release
POCATELLO – Demetrius Anthony Gomez, 30, of Fort Hall, Idaho, was sentenced yesterday to 30 years in prison to be followed by five years of supervised released for second degree murder, Acting U.S. Attorney Rafael Gonzalez announced. Chief U.S. District Judge B. Lynn Winmill also ordered Gomez to pay a $5,000 fine.
On January 5, 2017, a jury found Gomez guilty of one count of second degree murder. Evidence at trial showed that on May 9, 2016, Gomez was at a residence along with some friends and family. At the residence, he shot and killed his cousin at close range with a sawed off shotgun. He did so deliberately, intentionally, and unprovoked. He then took steps to hide the body and conceal the murder from law enforcement.
According to Acting U.S. Attorney Rafael Gonzalez, “this case was a senseless and cowardly attack during a party. Our thoughts remain with the victim and his family. We hope that the severe sentence in this case serves as a deterrent to others and prevent more senseless violence in our community.” I commend the dedication and professionalism of the officers and detectives of the Fort Hall Police Department and agents of the Federal Bureau of Investigation, who investigated the case.” Gonzalez added, “this sentence should serve as an indication that the Fort Hall Police Department and the Federal Bureau of Investigation will do everything possible to keep the Fort Hall community a safe and peaceful place to live.”
The case was investigated by the Fort Hall Police Department and the Federal Bureau of Investigation.