District of Idaho
Press releases recorded for this federal judicial district.
Salem Man Pleads Guilty to Theft of Funds from Shoshone-Bannock TribesRead the Press Release
POCATELLO – Cody Ray Blackman, 33, of Salem, Oregon, pleaded guilty today in United States District Court to the theft of money from the Shoshone-Bannock Tribes, U.S. Attorney Wendy J. Olson announced. Blackman was indicted by the federal grand jury in Pocatello on September 22, 2015.
Blackman was previously employed by the Shoshone-Bannock Tribes as the manager of the Shoshone-Bannock Hotel Events Center. He was terminated from that position on November 20, 2014. On January 10, 2015, at a bank branch in Lakewood, Washington, Blackman withdrew $2500.00 from an account belonging to the Hotel Events Center. He made the withdrawal without authorization, kept the proceeds and spent the money on personal items. Blackman recently repaid the money to the Shoshone-Bannock Tribes.
The charge of theft from a tribal organization is punishable by up to five years in prison, up to three years of supervised release, and a fine of up to $250,000.
Blackman is scheduled to be sentenced on November 8, 2016, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
The case was investigated by the Fort Hall Police Department and the Federal Bureau of Investigation (FBI).
Fort Hall Woman Pleads Guilty to AssaultRead the Press Release
POCATELLO – Alyssa Timbana, 19, of Fort Hall, Idaho, pleaded guilty today in United States District Court to assault with a dangerous weapon, U.S. Attorney Wendy J. Olson announced. Timbana was indicted by the federal grand jury in Pocatello on January 26, 2016.
On September 13, 2015, Fort Hall Police were called to a residence on the Fort Hall Indian Reservation. Officers found a woman holding a baby who was bleeding from an injury to the throat area. That woman was the baby’s grandmother who had called the police. Officers found another woman, Alyssa Timbana, in the bathroom, also with cuts to her throat. The officer asked Timbana what happened to the baby and the defendant replied, “I did it.” The baby had two separate lacerations across her neck which required surgery to repair. Timbana was interviewed after she was treated at the hospital. She admitted taking several tablets of a nonprescription cold medicine and smoking marijuana. She was upset at her friends and began to feel “ugly” so she went in the back room and cut both her neck and the baby’s neck with a knife.
The charge of assault with a dangerous weapon is punishable by up to ten years in prison, up to three years of supervised release and a fine of up to $250,000.
Timbana is scheduled to be sentenced on November 21, 2016, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
The case was investigated by the Fort Hall Police Department and the Federal Bureau of Investigation (FBI).
East Idaho Man Pleads Guilty to Producing Child PornographyRead the Press Release
POCATELLO – Erik Rodriguez, 25, of Rupert, Idaho, pleaded guilty today to sexual exploitation of a minor child, U.S. Attorney Wendy J. Olson announced. Rodriguez was indicted by a federal grand jury in Pocatello on November 24, 2015.
According to the plea agreement, Homeland Security special agents, working in conjunction with the Idaho Internet Crimes Against Children Task Force (ICAC) officers, downloaded a sexually exploitative video of a minor from an individual later identified as Rodriguez in April 2015. After a search of Rodriguez’s home revealed numerous computers and electronic devices being used to view and store child pornography, Rodriguez admitted to possessing and producing child pornography. Agents found approximately 133 images and 302 videos of child sexual abuse material on Rodriguez’s devices, in addition to the sexually explicit images Rodriguez produced of a girl under 10 years old.
The charge of sexual exploitation of a minor is punishable by at least 15, and up to 30, 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 8, 2016, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
The case was investigated by U.S. Immigration and Custom Enforcement’s (ICE) Homeland Security Investigations (HSI), the Minidoka County Sheriff’s Office, and the Idaho ICAC 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.”
Telephone Scammers Continue to Target Idaho Residents Callers Claiming to be a Deputy U.S. Marshal Falsely Threaten with Federal Arrest WarrantRead the Press Release
BOISE – The United States Attorney’s Office and the United States Marshals Service are advising Idaho residents to be aware of telephone calls threatening individuals of a pending arrest warrant for not responding to federal jury summonses. Calls have been reported in the Boise and Coeur d’Alene areas.
It was recently reported that Idaho residents have received phone calls from a person from the following number 208-391-5870 claiming to be a Deputy U.S. Marshal demanding that citizens post bond for failing to appear for a federal jury summons. This is not a valid phone number of the U.S. Marshals Service.
Because the telephone calls are continuing to occur, the United States Attorney wants the public to be aware of these scam calls. Officers do not notify people of arrest warrants by phone. A valid arrest warrant would be served in person by a Deputy U.S. Marshal or other law enforcement officer. Persons receiving such a telephone call are cautioned not to provide any information and to notify the U.S. Marshals Service immediately.
“I urge everyone who receives this type of phone call to be very skeptical, or better yet, simply hang up the phone,” said Brian T. Underwood, United States Marshal for the District of Idaho. “This is not a typical way that the U.S. Marshals resolve warrant related matters.”
It is a crime for an individual to falsely represent himself or herself as a federal official or Deputy United States Marshal. Accordingly, this scam and any similar fraudulent conduct will be investigated by the U.S. Marshals Service, in partnership with the FBI.
Federal Law Enforcement Leaders to Hold Community Open House August 23 at Old Town PavilionRead the Press Release
POCATELLO – U.S. Marshal Brian Underwood and U.S. Attorney Wendy Olson will hold a community open house meeting Tuesday, August 23, at the Old Town Pavilion in Pocatello. Underwood and Olson will be at the Old Town Pavilion, 420 N. Main, from 5 – 6 p.m. to meet and visit with persons interested in learning more about federal law enforcement in Idaho.
“We will be available for any question, concern or issue community members would like to talk about,” said Olson. “Frankly, we simply want members of the public, whom we serve, to have a chance to personally visit with their federal law enforcement leaders in Idaho. We recognize that it is not always practical for people to come to our offices.”
“Confidence in government and the enforcement of law is achieved by providing true justice and being sincere in our working relationships with all people,” said Underwood. “In Idaho, the work of our local law enforcement is really amazing to see – and we are proud to work with such great professionals and police leadership. Like our local law enforcement partners, we want to ensure that we are doing our part in community policing and relationship building.”
Underwood and Olson were both appointed to their positions in 2010 by the President. They serve the entire state of Idaho, which is a single federal judicial district. Underwood and Olson also are both graduates of Pocatello High School.
Kooskia Man Pleads Guilty to Physically Abusing a ChildRead the Press Release
COEUR D’ALENE - Eben Paul Slickpoo, 30, of Kooskia, Idaho, pleaded guilty Tuesday in United States District Court in Coeur d’Alene, to assault resulting in substantial bodily injury, U.S. Attorney Wendy J. Olson announced. Slickpoo waived his right to an indictment and pleaded guilty to an information filed by the U.S. Attorney on July 7, 2016.
According to the plea agreement, Slickpoo admitted that in 2015, he injured a child by pulling out a section of hair from her scalp as a form of punishment. Teachers and other adults noticed the child missing hair and reported it to law enforcement.
Assault resulting in substantial bodily injury is punishable by up to five years’ imprisonment, a $250,000 fine, and a term of supervised release for up to three years. Sentencing is set is set for November 29, 2016, before Chief U.S. District Judge B. Lynn Winmill, at the federal courthouse in Coeur d’Alene.
The case was investigated by the Federal Bureau of Investigation and Nez Perce Tribal Police.
Homedale Man Sentenced to 40 Months in Federal PrisonRead the Press Release
BOISE – Danny Mercado, 28, of Homedale, Idaho, was sentenced yesterday to 40 months in prison for unlawful possession of a firearm, U.S. Attorney Wendy J. Olson announced. Senior U.S. District Judge Edward J. Lodge also ordered Mercado to serve three years of supervised release following his release from prison. Mercado pleaded guilty on March 22, 2016.
According to information presented in court, Idaho State Police officers received information that Mercado was in possession of a firearm. On May 21, 2015, police officers and Idaho Department of Probation and Parole officers went to Mercado’s residence because another resident of the home was on probation. During a check at the residence, police officers saw a handgun in Mercado’s bedroom. After obtaining a warrant to search the residence, officers seized the loaded handgun that was identified as a Taurus .45 pistol. The pistol had an obliterated serial number. Officers also found additional items including Mercado’s wallet, scales, baggies, surveillance cameras, and items indicative of methamphetamine manufacturing.
In determining his sentence, Judge Lodge found that Mercado possessed the .45 pistol in connection with the felony crime of manufacturing methamphetamine. Judge Lodge also found that Mercado’s prior conviction for attempted strangulation in 2006 was a crime of violence. Mercado was also previously convicted of kidnapping in 2006. Mercado was prohibited from possessing firearm because of those prior felony convictions.
The case was investigated by the Idaho State Police, Idaho Department of Probation and Parole, and the Homedale Police Department.
Caldwell Man Pleads Guilty to Conspiracy to Distribute MethamphetamineRead the Press Release
BOISE - John Paul Tate, 48, of Caldwell, Idaho, pleaded guilty today in United States District Court to conspiracy to distribute methamphetamine, U.S. Attorney Wendy J. Olson announced. Tate was indicted by a federal grand jury on March 8, 2016.
According to evidence presented at the plea hearing, Tate conspired with others to distribute methamphetamine in the state of Idaho between October of 2015, and February 22, 2016. Tate and his co-conspirators arranged for delivers of methamphetamine in Ada and Canyon counties. Investigating officers discovered the conspiracy and were able to intervene.
The charge of conspiracy to distribute methamphetamine is punishable by a term of imprisonment of not less than ten years or more than life, a term of supervised release of at least five years, and a maximum fine of $10,000,000.
Sentencing is set for November 17, 2016, before Senior U.S. District Judge Edward J. Lodge.
The case was investigated by the Drug Enforcement Administration, Ada County Sheriff’s Office, and City County Narcotics Unit of Canyon County.
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 County.
Nampa Man Pleads Guilty to Access with Intent to View Child PornographyRead the Press Release
BOISE – Troy A. Paul, 48, of Nampa pleaded guilty today in United States District Court to access with intent to view child pornography, U.S. Attorney Wendy J. Olson announced.
According to the plea agreement, agents with the Department of Homeland Security learned that an electronic device at Paul’s residence viewed images of child pornography on a Russian photo-sharing website several times between January and June of 2014. Further investigation revealed that a device at Paul’s residence received an e-mail in March of 2014 which contained images of child pornography. In February of 2015, agents with the Department of Homeland Security interviewed Paul, where he admitted viewing child pornography on the Russian photo-sharing website, and receiving images of child pornography in his e-mail account. Paul admitted viewing images of child pornography in his e-mail account approximately 100 times, using an iPhone assigned to him by his employer. In March of 2015, agents with the Department of Homeland Security served a search warrant for the contents of Paul’s e-mail account, and discovered e-mails containing images of child pornography.
Sentencing is set for November 9, 2016, before Senior U.S. District Judge Edward J. Lodge.
Access with intent to view 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.
The case was investigated by the Department of Homeland Security, Homeland Security Investigations, with assistance from the FBI and Ada 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.”
Meridian Man Pleads Guilty to Access with Intent to View Child PornographyRead the Press Release
BOISE – Josiah Paul Yeasley, 27, of Meridian pleaded guilty on August 10, 2016, in United States District Court to access with intent to view child pornography, U.S. Attorney Wendy J. Olson announced.
According to the plea agreement, an investigative lead provided by the Child Exploitation Investigations Unit of Immigration and Customs Enforcement indicated suspected child exploitation violations associated with Yeasley’s email account. On May 20, 2015, agents with the Department of Homeland Security, with assistance from the Meridian Police Department, contacted Yeasley at his residence in Meridian, Idaho. Agents with the Department of Homeland Security conducted a consensual forensic examination of the desktop computer used by Yeasley, and recovered subject lines from Yeasley’s email account that were indicative of child pornography as well as image files containing child pornography that Yeasley had saved. Based on this information, agents with the Department of Homeland Security executed a search warrant at Yeasley’s residence on July 23, 2015, seizing a laptop computer. A forensic examination of the laptop computer revealed that Yeasley had used his accounts on the laptop computer to view images containing child pornography on the internet, and had saved a video containing child pornography. In total, agents with the Department of Homeland Security recovered 217 images containing child pornography from the desktop and laptop computers. In the plea agreement, Yeasley admitted accessing with intent to view child pornography on the desktop and laptop computers.
Sentencing is set for November 1, 2016, before Chief U.S. District Judge B. Lynn Winmill.
Access with intent to view 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. As part of his plea, Yeasley also agreed to forfeit the desktop and laptop computers used in the commission of the charged offense.
The case was investigated by the Department of Homeland Security, Homeland Security Investigations, with assistance from the Meridian Police Department, 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.”
Boise Man Pleads Guilty to Sex Trafficking of ChildrenRead the Press Release
BOISE – Michael Wayne Wade, 30, of Boise pleaded guilty today in United States District Court to sex trafficking of children, U.S. Attorney Wendy J. Olson announced.
According to the plea agreement, agents with the Idaho Department of Probation and Parole arrested Wade for a felony probation violation in July of 2014. A Nokia Lumina cell phone was seized from Wade and examined by a detective with the Boise Police Department. The cell phone contained texts with a minor that included images of the minor, including one that was sexually explicit. The detective conducted open-source internet searches on Backpage.com and discovered that the images of the minor on Wade’s phone had been posted in an ad for “escort services” in Boise in July and November of 2014. The postings were made using a Backpage.com account for another individual, J.K.
J.K. was arrested by the Boise Police Department in December of 2014, and admitted she worked as a prostitute in Boise, and that Wade was the “boss” who “pimped her.” She admitted Wade asked her to use the minor for a two-girl “date,” which she refused. She admitted posting the minor as an escort on Backpage.com, using the images sent to her by Wade. She further admitted that Wade spoke to her about taking the minor “under her wing,” assisting her in “escorting,” and ensuring that she was “working.” J.K. admitted that she took the minor on at least two “dates” where the minor engaged in commercial sex acts, and that she received money from the minor in exchange for posting the ad and transporting her.
The minor was interviewed and admitted that she participated in a prostitution enterprise with Wade and J.K. She stated she sent the images of herself to Wade for the purpose of being posted on Backpage.com as an escort. The minor stated that J.K. posted her images on Backpage.com, and drove her on at least two “calls” where she engaged in a commercial sex act when she was sixteen years old.
Further investigation by the Boise Police Department and the FBI revealed recorded phone calls and text messages from Wade to J.K. and the minor. The text messages revealed that Wade knew the minor was sixteen years old, that he told her she would be a “star by the time I’m done with you,” encouraged her to “hustle all day,” and told her that J.K. would teach her “the tricks of the trade” and “how to hustle.” Wade also told the minor that she had “mad potential,” could “turn tricks,” and that J.K. would “buy you a room” and “have you got to work this weekend.” Wade then told J.K. that the minor was “all open” and “down to work for the team.”
“This defendant callously victimized a minor, commercially exploiting her for the sexual gratification of others and for his personal profit,” said Olson. “This conviction demonstrates that this office and its law enforcement partners in Idaho are unwavering in our commitment to seek justice on behalf of vulnerable victims and to hold sex traffickers accountable.”
Sentencing is set for November 10, 2016, before Senior U.S. District Judge Edward J. Lodge. Sex trafficking of children is punishable by not less than 10 years’ imprisonment and up to life, a $250,000 fine, a term of supervised release of not less than five years and up to life.
The case was investigated by the Boise Police Department, the FBI, and the Idaho Department of Probation and Parole, and was prosecuted with assistance from the Ada 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.”
Washington Man Sentenced to Prison and Ordered to Forfeit $500,000 for Distributing Marijuana Throughout United States from SeattleRead the Press Release
BOISE – Walter Terry, 57, of Seattle, Washington, was sentenced today to spend one year in federal prison for distributing 146 kilograms of marijuana, U.S. Attorney Wendy J. Olson announced. Terry pleaded guilty to one count of distributing marijuana on January 6, 2016. Senior U.S. District Judge Edward J. Lodge, also sentenced Terry to serve three years of supervised release, pay a $2,000 fine, and forfeit $500,000 in cash proceeds and his Seattle residence valued at $700,000, which served as the operational center for his multi-state marijuana distribution operation.
According to arguments at today’s sentencing, Terry began advertising marijuana for sale over the internet in 2011. Terry admitted to distributing approximately 146 kilograms of marijuana throughout the United States, including Idaho, Massachusetts, New Hampshire, New York, New Jersey, Rhode Island, Virginia, Tennessee, Georgia, Florida, Illinois, Wisconsin, West Virginia, Pennsylvania, Connecticut, and Texas.
An undercover DEA special agent contacted Terry in January 2013, and Terry agreed to mail marijuana from Seattle, Washington, to the undercover agent in Boise, Idaho. Between January 2013, and March 2014, Terry sent six shipments of marijuana to Idaho. In May 2014, Terry agreed to sell the undercover agent five pounds of marijuana. Terry met the undercover agent in Seattle and was arrested after providing the undercover agent with the five pounds of marijuana. Terry told DEA agents that he began his marijuana distribution operation out of his residence in Seattle in 2010 or 2011. Terry stated that after the state of Washington legalized medicinal marijuana, his business was negatively affected and he began advertising his marijuana distribution business on websites to out-of-state customers. Terry consented to a search of his residence in Seattle, and law enforcement seized approximately 15 pounds of marijuana and $30,000 in drug proceeds.
The case was investigated by the Drug Enforcement Administration, the Seattle Police Department, King County Sheriff’s Office, and the United States Postal Inspectors.
Investigation Leads to Federal Indictment of Former President of Devil’s Disciples Motorcycle ClubRead the Press Release
BOISE – Scott Arlis Thomas, 42, of Caldwell, Idaho, made an initial appearance today for the crimes of possession with intent to distribute methamphetamine and possession of firearm by a prohibited person, U.S. Attorney Wendy J. Olson announced. A federal grand jury indicted Thomas on July 14, 2016.
The two count indictment alleges that on May 13, 2016, Thomas, who had been convicted of trafficking in methamphetamine in 2011, possessed a rifle and on the same date, possessed methamphetamine with the intent to distribute it. At the time of the indictment, Thomas was the president of the local chapter of the Devil’s Disciples Motorcycle Club.
Thomas appeared in court for the first time today and entered not guilty pleas to both charges. Trial is scheduled for October 17, 2016, at the federal courthouse in Boise before Chief U.S. District Judge B. Lynn Winmill.
The charge of possession with intent to distribute methamphetamine is punishable by up to twenty years in prison, a fine up to $1 million, and at least three years of supervised release. The charge of unlawfully possessing or transferring 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 government is seeking forfeiture of the firearms and other property used to commit the offenses.
The indictment is the result of an investigation by the Caldwell Police Department, the Treasure Valley Metro Violent Crime Task Force and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The Task Force was created approximately eleven 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, Canyon County Sheriff’s Office, and Idaho Department of Probation and Parole. The Task Force conducts complex long-term investigation 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.
Boise Man Pleads Guilty to Possession of Child PornographyRead the Press Release
BOISE – Allan Ebel, 63, of Boise pleaded guilty today in United States District Court to possession of child pornography, U.S. Attorney Wendy J. Olson announced.
According to the plea agreement, an electronic device at Ebel’s residence downloaded images of child pornography from a website based in Switzerland on at least six occasions in August of 2014. In July of 2015, agents with the Department of Homeland Security, with assistance from the Boise Police Department and the Ada County Sheriff’s Office, executed a search warrant at Ebel’s residence in Boise, Idaho, seizing numerous computers and electronic storage devices. Agents with the Department of Homeland Security conducted a forensic examination of the devices, and discovered images of child pornography saved in folders on a desktop computer and an external hard drive, and evidence that the devices were owned and used by Ebel. In the plea agreement, Ebel admitted possessing 4,688 images and 31 videos containing child pornography on the desktop computer and external hard drive.
Sentencing is set for October 25, 2016, before Senior U.S. District Judge Edward J. Lodge.
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 $100 special assessment. As part of his plea, Ebel also agreed to forfeit the desktop computer and external hard drive used in the commission of the charged offense.
The case was investigated by the Department of Homeland Security, Homeland Security Investigations, with assistance from the Boise Police Department and the Ada 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.”
Idaho Falls Man Sentenced to More than Ten Years in PrisonRead the Press Release
POCATELLO – Benito Mora Jr., 38, of Idaho Falls, Idaho, was sentenced today to 121 months in prison for conspiracy to distribute methamphetamine, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Mora to serve four years of supervised release following his release from prison. Mora pleaded guilty to the charge on May 24, 2016.
Blackfoot Police arrested Mora on January 10, 2016, during a traffic stop. Mora had 291.91 grams of pure methamphetamine, 6.20 grams of cocaine, and two handguns in his possession at the time of his arrest. Mora was also under investigation in Idaho Falls after he sold 11.18 grams of methamphetamine to a confidential informant in 2015. Mora admitted to conspiring with others to acquire methamphetamine from suppliers in Arizona, Mexico, and elsewhere for the purpose of selling it in eastern Idaho.
The case was investigated by the Idaho Falls and Blackfoot Police Departments, the Bonneville and Bingham County Sheriffs’ Offices, the Idaho State Police, the Bingham and Bonneville County Prosecutors’ offices, the Bureau of Alcohol, Tobacco and Firearms, and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).
This case was 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 12 counties and 18 cities across eastern Idaho, in partnership with the Idaho Department of Correction and the U.S. Attorney’s Office.
Blackfoot Woman Pleads Guilty to Theft of Funds from Fort Hall ElementaryRead the Press Release
POCATELLO – Brenda Honena, 52, of Blackfoot, Idaho, pleaded guilty today in United States District Court to the theft of money from the Fort Hall Elementary School in 2012, U.S. Attorney Wendy J. Olson announced. Honena was indicted by the federal grand jury in Pocatello on February 23, 2016.
In 2012, officials in the Blackfoot School District #55 discovered that certain suppliers for fundraisers held at the Fort Hall Elementary School had not been paid. An investigation revealed that $9,463.51 of money from fundraisers held at the school was missing. Honena was then employed as the principal at the school. She initially denied taking the money but in a later interview with special agents from the Federal Bureau of Investigation, she admitted taking the money and being responsible for the missing $9,463.51. Honena admitted she spent the money for her personal use and did so without authorization.
The federal court has jurisdiction over this case because the Blackfoot School District #55 receives federal funding for its operations. The charge of theft from an organization receiving federal funds is punishable by up to ten years in prison, up to three years of supervised release, and a fine of up to $250,000.
Honena is scheduled to be sentenced on November 8, 2016, 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 Police Department.
Heyburn Man Arrested for Drug TraffickingRead the Press Release
POCATELLO – Jesus R. Perez-Martinez, 59, of Heyburn, Idaho, was arrested August 3, 2016, on charges of drug trafficking, U.S. Attorney Wendy J. Olson announced. Perez-Martinez was arraigned on the charges this morning in federal court. A federal indictment was filed in United States District Court on July 26, 2016.
The indictment alleges that three times between June 2015 and February 2016 Perez-Martinez possessed with intent to distribute and did distribute methamphetamine to another person. The indictment also alleges that Perez-Martinez possessed with intent to distribute and did distribute cocaine to another person.
The case is being investigated by the Idaho State Police and the Minidoka-Cassia Counties Drug Task Force.
An indictment 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.
Fort Hall Man Sentenced for Drug TraffickingRead the Press Release
POCATELLO – Duncan Tendoy, 52, of Fort Hall, Idaho, was sentenced today in United States District Court to 24 months in prison for possession with intent to distribute methamphetamine, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Tendoy to serve three years of supervised release. Tendoy pleaded guilty to the charge on April 26, 2016.
On August 9, 2015, an officer with the Fort Hall Police Department was checking a vehicle when he noticed Tendoy leaving the residence of a known drug offender on the Fort Hall Indian Reservation. Officers talked to Tendoy and noticed that he was touching his pockets repeatedly in a suspicious manner. Officers then saw a clear plastic bag in Tendoy’s hand. The bag contained a crystallized substance which Tendoy admitted was methamphetamine. Tendoy admitted that he had just bought the methamphetamine from a person in a nearby residence. He admitted that he possessed the controlled substance intending to later sell and distribute it to someone else. He also admitted that he was in the drug business.
The case was investigated by the Fort Hall Police Department and the Bingham County Sheriff’s Office.
Federal Law Enforcement Leaders to Hold Community Open House August 9 and 10 at Boise City LibraryRead the Press Release
BOISE – U.S. Marshal Brian Underwood and U.S. Attorney Wendy Olson will hold two community open house meetings this week at the Boise City Library. Underwood and Olson will be at the Boise City Library, 715 South Capitol Blvd., on Tuesday, August 9 from 1 – 3 p.m. and again on Wednesday, August 10 from 4 – 6 p.m. to meet and visit with persons interested in learning more about federal law enforcement in Idaho.
“We will be available for any question, concern or issue community members would like to talk about,” said Olson. “Frankly, we simply want members of the public, whom we serve, to have a chance to personally visit with their federal law enforcement leaders in Idaho. We recognize that it is not always practical for people to come to our offices.”
“Confidence in government and the enforcement of law is achieved by providing true justice and being sincere in our working relationships with all people,” said Underwood. “In Idaho, the work of our local law enforcement is really amazing to see – and we are proud to work with such great professionals and police leadership. Like our local law enforcement partners, we want to ensure that we are doing our part in community policing and relationship building.”
Underwood and Olson were both appointed to their positions in 2010 by the President. They serve the entire state of Idaho, which is a single federal judicial district.
Twin Falls Man Pleads Guilty to Transportation and Possession of Child PornographyRead the Press Release
BOISE – Stephen Roy Walker, 43, of Twin Falls, Idaho pleaded guilty yesterday in United States District Court to transportation and possession of child pornography, U.S. Attorney Wendy J. Olson announced. Walker was indicted by a federal grand jury on September 9, 2015.
According to the plea agreement, agents with the Department of Homeland Security served a search warrant at the Old Towne Lodge in Twin Falls, where Walker was living with three minor children, in February of 2014. Agents seized computers and electronic devices pursuant to the warrant, and a subsequent forensic examination of the devices revealed images of child pornography on the devices. In his plea agreement, Walker admitted that he transported 462 digital images and 42 digital videos containing child pornography from Texas to Idaho, and that he possessed the images while living in Idaho. Walker also admitted that 78 of the images containing child pornography, and 4 of the videos, depicted one of the children who was living with him at the Old Towne Lodge. Walker further admitted he took the images while living in Texas. Sentencing is set for November 1, 2016, before Chief U.S. District Judge B. Lynn Winmill.
Transportation of child pornography is punishable by not less than five, and 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 $100 special assessment. 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 $100 special assessment. As part of his plea, Walker also agreed to forfeit two laptop computers, an external hard drive, and a digital camera used in the commission of the charged offenses.
The case was investigated by the Department of Homeland Security, Homeland Security Investigations and the Twin Falls Police Department, with assistance from the Buhl Police Department, the Idaho State Police, and the Twin Falls County Prosecuting Attorney’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.”
Boise Man Sentenced for Distributing MethamphetamineRead the Press Release
BOISE – Jeremy Blaine Harris, 39, of Boise, Idaho, was sentenced yesterday to 70 months in federal prison for distributing methamphetamine, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Harris to serve five years of supervised release. Harris pleaded guilty on May 25, 2016.
According to evidence presented in court, Harris distributed one ounce of methamphetamine to an undercover officer on July 20, 2015. At the time he distributed the methamphetamine, Harris was on parole after having been convicted of second degree murder in 1993 for shooting and killing a thirteen year-old girl during a home burglary in Minidoka County, Idaho. Harris has a pending hearing before the Idaho Commission of Pardons and Parole.
The case was investigated by the Drug Enforcement Administration and the Boise Police Department as an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation. OCDETF partners include 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.
Chubbuck Woman Pleads Guilty to Social Security FraudRead the Press Release
POCATELLO - Jeanna Jimenez, 45, of Chubbuck, Idaho, pleaded guilty yesterday to social security fraud, U.S. Attorney Wendy J. Olson announced. Jimenez was indicted by a federal grand jury in Boise on August 11, 2015.
According to the plea agreement, Jimenez was the representative payee for three of her children’s Supplement Security Income benefits. As such, she agreed to spend the benefits on the beneficiaries, her children, and conserve any unused funds on their behalf. From in and about November 2013 and continuing through in and about April 2014, the three children were removed from the defendant’s care and remained in the custody of the State of Idaho. During that time, Jimenez received a total of $12,912 in benefits that she spent.
Social security fraud in violation of 42 U.S.C. § 1307(a) is punishable by up to one year in jail, a maximum fine of $100,000, up to one year of supervised release, and up to five years of probation.
Sentencing is set for October 12, 2016, before Senior U.S. District Judge Edward J. Lodge at the federal courthouse in Pocatello.
The case was investigated by the Social Security Administration Office of Inspector General with help from the Chubbuck Police Department. The case was prosecuted by a Special Assistant U.S. Attorney as part of a partnership venture between the Social Security Administration Office of General Counsel and the United States Attorney’s Office to prosecute social security fraud.
Fort Hall Woman Sentenced for Assault on an OfficerRead the Press Release
POCATELLO – Somber March, 30, of Fort Hall, Idaho, was sentenced yesterday to time served – approximately six months of combined federal and tribal time – for assault on an officer, U.S. Attorney Wendy J. Olson announced. Senior U.S. District Judge Edward J. Lodge also ordered that March serve three years of supervised release. March pleaded guilty on May 24, 2016.
On or about September 19, 2014, Officer Riley Degnan of the Fort Hall Police Department was dispatched to the intersection of War Bonnet Road and Eagle Road on the Fort Hall Indian Reservation to contact a person identified as Somber March, who had a warrant for her arrest from Fort Hall Tribal Court. Officer Degnan contacted March on War Bonnet Road and found her to be incoherent. He believed her to be under the influence of a controlled substance and attempted to take her into custody on the Tribal Court warrant. As he began to handcuff her, she turned and hit him in the face, knocking Officer Degnan’s sunglasses off. She again tried to grab Officer Degnan and, with the assistance of another officer, was taken to the ground and handcuffed. March was later interviewed and admitted hitting the officer in the face. Under the specific federal law that March pleaded guilty to violating, Fort Hall police officers are considered “federal officers.”
The case was investigated by the Fort Hall Police Department and the Federal Bureau of Investigation.
Parma Duck Baiter Sentenced to JailRead the Press Release
BOISE – Gregory Obendorf, 61, of Parma, Idaho, was sentenced yesterday to 15 days in jail and a $40,000 fine for conspiracy to bait migratory birds and placing bait for migratory birds, both in violation of the Migratory Bird Treaty Act, U.S. Attorney Wendy J. Olson announced. Obendorf was found guilty on both charges by a federal jury on May 16, 2016. Chief U.S. District Judge B. Lynn Winmill also placed Obendorf on probation for a term of three years. Judge Winmill ordered that during Obendorf’s term of probation, he must complete 200 hours of community service. Judge Winmill also revoked Obendorf’s hunting and fishing privileges and prohibited him from baiting or feeding migratory waterfowl on his property during his term of probation. In pronouncing the sentence, Judge Winmill noted that Obendorf’s prolonged illegal baiting of ducks contributed to changes in the migratory flight patterns of ducks and geese. Judge Winmill found this change detrimentally affected others who hunted on nearby public lands, including Lake Lowell and the Fort Boise Wildlife Management Area.
The jury found that Obendorf conspired with other persons from November 2007 to January 2014, to place bait for migratory birds, specifically ducks, for the purpose of hunting on his farm located on the Boise River in Parma, Idaho. The jury also convicted Obendorf of directing the placement of bait for duck hunting in November 2013.
The jury heard evidence over the seven-day trial that at the beginning of duck hunting season each year of the conspiracy, Obendorf instructed his combine operators to partially combine his corn field to intentionally spread corn kernels onto the field. Agents from the U.S. Fish and Wildlife Service flew over Obendorf’s property in November of 2013, and observed piles of corn near a duck blind from the air. Agents and officers from the Idaho Department of Fish and Game then investigated and discovered that the entire corn field was baited. After baiting the field with corn, Obendorf would flood the corn field and allow hunters to shoot ducks over the baited field. The jury also heard evidence that Obendorf instructed another individual to use a tractor to knock down standing corn in the field at night before his guests would hunt the field the following day. Obendorf boasted in a recorded conversation with Idaho Fish and Game officers that he had over 200,000 ducks in the baited field during the 2013 hunting season. Several hunters who Obendorf invited to hunt on his property testified at trial that they hunted the corn field during the course of the conspiracy and that they were able to take their limits of ducks in under an hour.
At sentencing, Obendorf argued that he deserved leniency from the Court based on his prior good works, including allowing Idaho Fish and Game officers to take youths hunting on his property. However, after his conviction on May 16, 2016, he called Idaho and Fish and Game to advise them that he would no longer allow any youth hunts on his property.
The case was investigated by the U.S. Fish and Wildlife Service and the Idaho Department of Fish and Game.
Plummer Man Pleads Guilty to Aggravated Assault and Use of Firearm During a Crime of ViolenceRead the Press Release
COEUR D’ALENE – Cruz Flechita Ramon Soto, 34, of Plummer, Idaho, pleaded guilty Friday to assault resulting in serious bodily injury and use of a firearm during a crime of violence, U.S. Attorney Wendy J. Olson announced. Soto was indicted by a federal grand jury on November 17, 2015.
According to the plea agreement, in the early morning of November 12, 2015, while the victim, an Indian, was sleeping in the living room of a relative’s house, Soto, also an Indian, came to the house. Soto and the victim spoke for about 20 minutes then Soto shot the victim in the chest, back, and neck. The victim was flown to Kootenai Hospital where he was stabilized and flown to Harborview Medical Center in Seattle. The victim was able to identify Soto as the shooter. The shooting occurred within the boundaries of the Coeur d’Alene Indian reservation.
The charge of assault resulting in serious bodily injury is punishable by up to ten years in prison, a maximum fine of $250,000, and up to three years of supervised release and use of a firearm during a crime of violence is punishable by not less than ten years in prison to be served consecutive to any other sentence imposed.
Sentencing is set for October 11, 2016, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Coeur d'Alene.
The case was investigated by Coeur d’Alene Tribal Police, Benewah County Sheriff’s Department and the Federal Bureau of Investigation.
California Man Pleads Guilty to Wire Fraud and Aggravated Identity TheftRead the Press Release
BOISE – Derrick Courtney Franklin, II, 28, of Los Angeles, California, pleaded guilty on August 1, 2016, to wire fraud and aggravated identity theft, U.S. Attorney Wendy J. Olson announced. Franklin was indicted by a federal grand Jury in Boise on October 14, 2015.
According to the court proceedings, Franklin agreed to travel to Idaho for the purpose of making fraudulent purchases of gift cards and prepaid debit cards from retail stores, using stolen credit card numbers encoded and embossed onto stock debit and credit cards. Franklin and his co-conspirator, Jassmine Pettaway, 27, of Inglewood, California, made at least eight fraudulent purchases from at least four different retail stores, in the amount of at least $20,225.86. Two of those purchases were made at the Nike Factory Store in Meridian for a total of $18,204.54. Law enforcement recovered a fake Michigan driver’s license, at least 19 counterfeit credit cards, and at least 45 gift cards. Pettaway pleaded guilty on April 5, 2016, to wire fraud and aggravated identity theft. She is scheduled to be sentenced on August 29, 2016.
Wire fraud is punishable by up to 20 years in prison, a maximum fine of $250,000.00, and up to 3 years of supervised release, and a special assessment of $100. Aggravated identity theft is punishable by a mandatory minimum term of imprisonment of two years, a term of supervised release of not more than one year, and a fine up to $250,000.
Sentencing for Franklin is set for October 18, 2016, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise.
The case was investigated by the Meridian Police Department, the Boise Police Department, and the U.S. Secret Service (USSS).
U.S. Attorney’s Office Will Not Pursue Criminal Civil Rights Charges in Death of Adams County RancherRead the Press Release
BOISE – The U.S. Attorney’s Office for the District of Idaho announced today that there is insufficient evidence to pursue federal criminal civil rights charges against Adams County deputy sheriffs Cody Roland and Brian Wood for the death of Jack Yantis on Nov. 1, 2015.
Earlier today, the U.S. Attorney’s Office notified Mr. Yantis’s family, through their attorney, of this decision.
Federal authorities conducted a comprehensive and independent investigation of the events surrounding the death of Mr. Yantis, who was shot on Highway 95 near Council, Idaho, as he attempted to assist the deputies with his injured bull. The bull had been struck by a car and the accident drew the deputies, medical personnel and Mr. Yantis to the scene. The independent investigation included a review of the materials and evidence gathered by the Idaho State Police, including reports of the thorough investigation of the shooting scene; forensic reports detailing the scientific examination of physical evidence, such as gunshot residue and ballistics evidence; the autopsy report of Mr. Yantis; the necropsy report of the bull; interviews of emergency responders and travelers present at the time of the shooting; interviews with two civilian eyewitnesses who witnessed the shooting; multiple interviews with Roland and Wood; the 911 calls and dispatch recordings for the incident; and the deputies’ histories as law enforcement officers.
No recorded audio or video evidence of the shooting exists. The investigation determined that Wood and Roland had body cameras issued by the Adams County Sheriff’s Office, but that neither body camera recorded the shooting. The investigation determined that Wood’s body camera’s memory was full and that Roland did not activate his body camera.
In order to proceed with a prosecution under the applicable federal criminal civil rights law, Title 18, U.S. Code, Section 242, federal prosecutors must establish beyond a reasonable doubt that a law enforcement officer acted willfully to deprive an individual of a constitutional right. In this investigation, the right involved was Mr. Yantis’s Fourth Amendment right to be free from an unreasonable seizure, which includes the right to be free from unreasonable physical force by law enforcement officers.
To prove that a shooting violated the Fourth Amendment, federal prosecutors must prove beyond a reasonable doubt that the use of force was objectively unreasonable based on all of the surrounding circumstances. The law requires that the reasonableness of an officer’s use of force be judged from the perspective of a reasonable officer on the scene, and not from the added perspective of hindsight. The law set forth by the U.S. Supreme Court requires consideration of the fact that law enforcement officers are often forced to make split-second judgments in circumstances that are tense, uncertain, and rapidly evolving.
In addition, to prove that a shooting violated section 242, federal prosecutors must prove beyond a reasonable doubt that the officers acted willfully. This high legal standard – one of the highest standards of intent imposed by law – requires proof that the officer acted with the specific intent to do something that the law forbids. It is not enough to show that the officer made a mistake, acted negligently, acted by accident, or even exercised bad judgment.
Mr. Yantis’s death is tragic, is a tremendous loss to his family and has had a substantial effect on the Adams County community. However, the evidence does not meet the substantial evidentiary requirements imposed by the criminal law. In light of this, and for the reasons explained below, this matter is not a prosecutable violation of the applicable federal civil rights statute.
Roland and Wood each provided multiple statements to state investigators and/or the FBI offering their versions of how and why this shooting occurred. Some statements were written and some were recorded by investigators. In addition, the deputies each separately participated in a walk-through demonstration with state investigators that was audio and video recorded. Neither the deputies’ statements nor their demonstrations of their actions in the walk-through proved that they acted willfully. Accordingly, federal prosecutors determined that in assessing whether the evidence was sufficient to prove that the deputies acted willfully, they would need to examine whether other evidence corroborated or disproved the deputies’ statements and demonstrations. They also determined that they would need to assess whether other evidence affirmatively proved that the deputies acted willfully.
Only four witnesses observed the shooting: Roland, Wood and two civilian eyewitnesses. All four eyewitnesses to the shooting were consistent on certain facts: that Mr. Yantis possessed a rifle with which he was preparing to shoot or euthanize his injured bull; that Roland and Wood also were nearby; that Mr. Yantis aimed his rifle at the bull’s head to shoot it; that there was some sort of exchange, whether verbal or physical, between one or more of the deputies and Mr. Yantis, during which Mr. Yantis moved or was moved away from the bull; that as Mr. Yantis moved away from the bull, the barrel of his rifle changed directions away from the bull; and that the deputies fired at Mr. Yantis at that point. Although the witnesses did not agree on whether Mr. Yantis’s rifle discharged, investigators determined through forensic evidence that it did. Federal prosecutors concluded that the forensic evidence and all other evidence was insufficient to resolve inconsistencies among the eyewitness statements on other topics, such as in which order the fired shots occurred and what precisely caused the movement of Mr. Yantis’s rifle away from the bull’s head. Based on all of this evidence, federal prosecutors determined that the evidence was insufficient to prove, beyond a reasonable doubt, that either Roland or Wood acted willfully with a bad purpose to violate the law. Accordingly, the Department of Justice’s review of this incident will be closed without prosecution. This decision is limited strictly to an application of the high legal standard required to prosecute the case under the federal criminal civil rights statute; it does not reflect an assessment of any other aspect of the incident that led to Mr. Yantis’s death.
In this case, the U.S. Attorney’s Office for the District of Idaho and the FBI each devoted significant time and resources to investigating the circumstances surrounding Mr. Yantis’s death and, working with the Justice Department’s Civil Rights Division, to complete a thorough analysis of the evidence gathered. The U.S. Attorney’s Office and the FBI received full cooperation from the Idaho State Police, the primary investigative agency on the incident. The U.S. Attorney’s Office, the FBI and the Civil Rights Division, together as the Department of Justice, remain committed to investigating allegations of excessive force by law enforcement officers and will continue to devote the resources required to ensure that all serious allegations of civil rights violations are thoroughly examined.
Tensed Man Pleads Guilty to False Statement in Passport Application and Aggravated Identity TheftRead the Press Release
COEUR D'ALENE – Kevin John Weinreis, 50, of Tensed, Idaho, pleaded guilty yesterday to false statement in a passport application, and aggravated identity theft, U.S. Attorney Wendy J. Olson announced. Weinreis was indicted by a federal grand jury in Coeur d’Alene on February 17, 2016.
According to the plea agreement, in August 2002, Weinreis obtained a United States passport using his real photo, but another individual’s name and identifying information. In November 2014, Weinreis renewed this passport, again using the identifying information of another.
In January 2016, a Deputy United States Marshal and a Benewah County Sheriff’s Deputy opened an investigation into the false passport. During an interview occurring on January 8, 2016, Weinreis gave false statements about his identity and was arrested. Officers located and seized a state identification card, social security card, and a U.S. passport, belonging to another individual, on Weinreis. Later, while incarcerated, Weinreis admitted his true identity.
The charge of false statement in a passport application is punishable by up to ten years in prison and a fine up to $250,000. The charge of aggravated identity theft carries a mandatory two-year consecutive sentence to the false statement in a passport application charge, and a fine up to $250,000. Weinreis also faces up to a three-year term of supervised release following his prison sentence.
Sentencing is set for October 11, 2016, at 2:30 p.m. in Coeur d’Alene, before Chief United States Judge B. Lynn Winmill.
The case was investigated by the U.S. Department of State – Diplomatic Security Service, the U.S. Marshals Service, and the Benewah County Sheriff’s Office.
First Two Defendants in Drug Conspiracy Sentenced to Combined 11 Years in Federal PrisonRead the Press Release
BOISE – Jocelin Jessica Gonzalez, 19, and Elizabeth Ann Gaytan, 37, both from Nampa, Idaho, were sentenced today for conspiracy to distribute controlled substances, U.S. Attorney Wendy J. Olson announced. Senior U.S. District Judge Edward J. Lodge sentenced Gonzalez to 40 months imprisonment. Judge Lodge sentenced Gaytan to 100 months imprisonment and ordered both Gaytan and Gonzalez to serve three years of supervised release following their terms of imprisonment. Gonzalez and Gaytan both pleaded guilty on May 5, 2016.
Gaytan and Gonzalez were indicted together as part of a case involving eleven co-conspirators who acted in concert to distribute methamphetamine, synthetic narcotics, heroin and prescription pills. They are the first two conspirators to be sentenced. The leader of the conspiracy, Stacy Duane Wilfong, 39, of Boise, Idaho, pleaded guilty on June 2, 2016 to conspiracy to distribute controlled substances and is scheduled to be sentenced on October 4, 2016.
In approximately January 2015, law enforcement agents began investigating ongoing drug distribution by Wilfong and others. Wilfong and his co-conspirators acted together to distribute methamphetamine, heroin, bath salts, and pills including oxycodone and hydromorphone in the Treasure Valley. Wilfong and Gonzalez were arrested on August 25, 2015 in Jackpot, Nevada. Law enforcement agents found approximately one ounce of methamphetamine in Gonzalez’s backpack. Agents searched Wilfong’s vehicle and located nineteen grams of a synthetic controlled substance called Alpha-pyrrolidinopentiophenone, known as "a-PVP," or “bath salts.” During the search of the vehicle, agents located three firearms and approximately $10,000.
According to the plea agreement, Gaytan sold methamphetamine to undercover police officers on nine occasions and offered to sell stolen firearms as well. In total, Gaytan sold approximately one-half pound of methamphetamine to officers. In March of 2015, Gaytan was stabbed thirty-seven times during a drug-related argument. After her release from the hospital, she continued to sell methamphetamine to undercover officers.
In addition to Gaytan and Gonzalez, three other co-conspirators have pleaded guilty and are awaiting sentencing. Wilfong is scheduled for sentencing on October 4, 2016. Regina Wade, 50, of Boise pleaded guilty on May 19, 2016, and is scheduled for sentencing on August 9, 2016. Anthony James Kitchen, 47, of Nampa, Idaho pleaded guilty on June 30, 2016, and is scheduled for sentencing on October 4, 2016. Two co-defendants have filed notices indicating their intent to plead guilty. Breeannyn Nicole Pederson, 25, of Parma, Idaho and Isela F. Garza, 36, of Nampa, Idaho are scheduled to enter their guilty pleas in court on August 4 and August 14, 2016, respectively. The remaining four co-conspirators who are currently scheduled for trial on October 4, 2016, are David Anthony Wales, 31, of Boise, John Matthew Caviness, Jr., 34, of Caldwell, Adam William Dillon, 28, of Nampa, and Jason Lee Burgess, 44, of Garden City.
These cases are 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.
These cases are being 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.
Eagle Woman Sentenced to Five Years’ Probation for Obtaining Controlled Substances by Fraud and Identity TheftRead the Press Release
BOISE – Susan Roberts, 57, of Eagle, Idaho was sentenced yesterday for obtaining controlled substances by fraud and identity theft by unauthorized use of a means of identification, U.S. Attorney Wendy J. Olson announced. Senior U.S. District Judge Edward J. Lodge sentenced Roberts to five years’ probation and to pay a $2,000 fine. Roberts pleaded guilty on May 4, 2016.
According to filed court documents, Roberts worked at a medical center that had offices in Nampa and Boise, Idaho. As a result of her employment, she had access to doctors’ names and DEA numbers and knowledge of the prescription writing process. Between October 2014 and February 2015, Roberts knowingly and intentionally forged approximately eleven prescriptions for hydrocodone-acetaminophen 10-325, a Schedule II controlled substance. In particular, she forged prescriptions using the names of Dr. H. and Dr. A, and using their assigned DEA registration numbers. These were actual doctors and their names and DEA numbers constituted means of identification as defined at 18 U.S.C. § 1028(d)(7). Roberts presented the forged prescriptions to pharmacies, and received by fraud approximately 1,320 dosage units (pills) of hydrocodone-acetaminophen 10-325, which is commonly referred to by the name brands Norco, Vicodin, or Lortab.
The case was investigated by the DEA Office of Diversion Control, assisted by the Tactical Diversion Squad.
Southside Gang Member Sentenced to Eight Years in PrisonRead the Press Release
BOISE – Mario Fernandez Jr., 37, of Nampa, Idaho, was sentenced today to 96 months in prison for possessing methamphetamine with the intent to distribute it, U.S. Attorney Wendy J. Olson announced. Senior U.S. District Judge Edward J, Lodge also ordered Fernandez to serve five years of supervised release following his release from prison. Fernandez pleaded guilty on May 3, 2016.
According to information presented in court, on November 16, 2015, Idaho Department of Correction parole officers and officers from the Nampa Police Department conducted a home visit at the residence of Fernandez. While officers knocked on the residence door and contacted co-defendant Bayley Bird at the front of the house, Fernandez tried to escape by running out the back door. An officer positioned at the back door stopped Fernandez and escorted him back inside. The residence was searched and in a bedroom that Fernandez shared with Bird, officers found two firearms, a .22 magnum and a Glock pistol. Officers also found 158.7 grams of methamphetamine as well as brass knuckles, a large knife, a scale, and plastic baggies. At the time of his arrest, Fernandez had $2,036 in cash in his pocket. Fernandez is a documented Southside gang member and Bird is associated with the Northside gang. At the time of the offense, Fernandez was on parole for aggravated assault and conspiracy to traffic methamphetamine. On February 4, 2016, Bird also pleaded guilty to possession of methamphetamine with the intent to distribute it. She was sentenced to 60 months in prison on June 8, 2016.
The case was investigated by the Idaho Department of Correction, Nampa Police Department, the Treasure Valley Metro Violent Crimes Task Force, and ATF. The Metro 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 the Idaho Department of Correction.
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.
Boise Man Sentenced to Ten Years in Prison for Distributing Methamphetamine and Unlawful Possession of a FirearmRead the Press Release
BOISE – Agustin de Jesus Aguirre, 28, of Boise, Idaho, was sentenced today to ten years in prison and five years of supervised release for distribution of methamphetamine and unlawful possession of a firearm, U.S. Attorney Wendy J. Olson announced. Senior U.S. District Judge Edward J. Lodge also ordered Aguirre to forfeit $4,250 in drug proceeds and a Smith and Wesson, 9mm pistol. Aguirre pleaded guilty on April 19, 2016.
According to evidence presented in court, Aguirre distributed methamphetamine to an undercover officer on three occasions, selling over five ounces of methamphetamine. Aguirre was arrested on August 11, 2015, on an unrelated state probation violation and was found to be in possession of a 9mm pistol. Aguirre was prohibited from possessing any firearms under federal law as a result of his 2013 conviction for misdemeanor domestic battery.
The case was investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, and the Boise Police Department.
U.S. Marshal, U.S. Attorney to Hold Community Open House August 9 and 10 at Boise City LibraryRead the Press Release
BOISE – Confidence in government and the enforcement of law is achieved by providing true justice and being sincere in our working relationships with all people. In Idaho, the work of our local law enforcement is really amazing to see – and we are proud to work with such great professionals and police leadership. Seeing Boise Police Chief Bill Bones reach out by riding the greenbelt is truly at the heart of community policing, and relationship building.
Because it is important to have confidence in all levels of law enforcement, to include the federal government, U.S. Attorney Wendy Olson and U.S. Marshal Brian Underwood would like to meet with any interested community member in Idaho to shake your hand and let you know we are committed to making justice work for you in Idaho. Because events in the past few weeks have been difficult for our nation and our law enforcement community, making an effort to connect as humans is so critical. Having you come to our office is not always practical, and we must do more to reach out and make that connection.
With that in mind, as United States Marshal and United States Attorney for the District of Idaho, we invite all members of the public to visit with us. We will be at the Boise City Library, 715 South Capitol Blvd. on Tuesday, August 9th from 1 – 3 p.m. and again on Wednesday, August 10th from 4 – 6 p.m. We will be available for any question, concern or issue you would like to talk about. Frankly, we simply want you, the public, to have a chance to personally visit with your federal law enforcement leadership in Idaho.
These are challenging times for law enforcement. We know we must continue to perform our duties in the highest traditions of our profession and never forget that we are here to serve our communities and stand as a symbol of all that is equal and just.
Payette Man Sentenced to Seven Years in Prison for Conspiracy to Distribute MethamphetamineRead the Press Release
BOISE – John Vernon McLeod, 36, of Payette, Idaho, was sentenced yesterday to 87 months in prison and four years of supervised release for conspiracy to distribute methamphetamine, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered McLeod to forfeit $1,600 in drug proceeds. McLeod pleaded guilty on April 26, 2016.
According to evidence presented in court, McLeod and co-defendant Ross Eugene Miller, 30, of Fruitland, Idaho, conspired to distribute methamphetamine in the state of Idaho between May 28, 2015, and June 18, 2015. McLeod and Miller arranged for two separate deliveries of methamphetamine in the Payette and Fruitland, Idaho, area. Investigating officers discovered the conspiracy and were able to intervene. Miller was sentenced on March 7, 2016, to 36 months in prison for his role in the conspiracy.
The case was investigated by the High Desert Task Force, a collaboration of law enforcement agencies from Payette County Sheriff’s Office, Payette Police Department, Fruitland Police Department, Washington County Sheriff’s Office, Weiser Police Department, Malheur County Sheriff’s Office, Ontario Police Department, and the Nyssa Police Department.
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 County.
Georgia Man Sentenced for Failure to Appear and Credit Card FraudRead the Press Release
BOISE – Terrance Barimah, 28, of Lawrenceville, Georgia, was sentenced yesterday for failure to appear for sentencing and illegal possession of device-making equipment, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill sentenced Barimah to 70 months in prison and three years supervised release. Barimah was indicted by a federal grand jury in Boise on July 15, 2015.
According to the plea agreement, Barimah admitted that on April 23, 2015, he pleaded guilty to the charge of illegal possession of device-making equipment. The plea agreement further described that Barimah admitted obtaining blank stock pre-paid debit cards from his co-defendants, and encoding them with credit card numbers belonging to real individuals who had not authorized the Barimah or his co-defendants to make purchases on the accounts. Barimah provided the debit cards encoded with unauthorized credit card numbers to his co-defendants, and expected to receive cash payment and/or a portion of the proceeds of the fraud.
At the change of plea hearing, Barimah was informed that the sentencing was scheduled for July 8, 2015. On July 8, 2015, Barimah failed to appear for sentencing and the Court issued a warrant for Barimah’s arrest. On February 5, 2016, law enforcement authorities in Atlanta, Georgia, arrested Barimah on the warrant. Barimah admitted that his failure to appear for sentencing was willful.
The case was investigated by the United States Secret Service with assistance from the United States Marshals Service.
Pocatello Man Sentenced for Using Interstate Communication to Hire Someone to Harm His Ex-WifeRead the Press Release
COEUR D’ALENE – John Kent Davis, 66, of Pocatello, Idaho, was sentenced today for interstate communication of a threat of bodily injury, U.S. Attorney Wendy J. Olson announced.
Senior U.S. District Judge Edward J. Lodge sentenced Davis to 30 months in prison, three years supervised release, a $5,000 fine, and he was ordered to forfeit $2,500 in cash proceeds. Davis pleaded guilty on May 13, 2016.
The plea agreement states on July 29, 2015, Davis placed a telephone call from the state of Idaho to the state of Utah for the purpose of soliciting the physical beating of the victim. During the call, Davis spoke with an undercover Federal Bureau of Investigation special agent. Davis asked the undercover agent to badly beat the victim in a way that was “short of permanent” and a “pretty explicit display of hatred.” Davis told the undercover agent he wanted photographs to prove the victim had been beaten. Davis paid the undercover agent $2,500 to beat the victim.
The case was being investigated by Federal Bureau of Investigation (FBI) and North Idaho Violent Crimes Task Force (NIVCTF).
Nampa Woman Sentenced for Selling MethamphetamineRead the Press Release
BOISE – Veronica Cantu, 27, of Nampa, Idaho, was sentenced today for distributing methamphetamine, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill sentenced Cantu to 38 months in prison and three years of supervised release. Cantu pleaded guilty to the charge on April 25, 2016.
According to the plea agreement, the co-defendant, Tara Rivera, 30, of Nampa, Idaho, arranged to distribute methamphetamine to a person working with law enforcement as an informant. When the informant arrived to purchase the methamphetamine, Rivera introduced the informant to Cantu, who was also present. Cantu then sold the informant approximately one-quarter ounce of methamphetamine on March 4, 2014, in Nampa, Idaho. Cantu was indicted by a federal grand jury on November 14, 2014. She was a fugitive with an outstanding warrant for her arrest until she was arrested in Michigan in November 2015. On June 17, 2015, Rivera was sentenced to 24 months in prison for distributing methamphetamine.
This case and other related cases are the result of an investigation by the Treasure Valley Metro Violent Crimes Task Force, which focused on the “Norteno” Northside gang that is active in Nampa and other parts of the Treasure Valley. Fourteen individuals were indicted on drug and gun charges as a result of the investigation.
These cases are 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.
These cases 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.
Post Falls Man Sentenced to Ten Years in Prison for Murder for Hire and Drug ChargesRead the Press Release
COEUR D'ALENE – Darin Kyle Taylor, 56, of Post Falls, Idaho, was sentenced today for use of interstate facilities in the commission of murder for hire, and possession with intent to distribute methamphetamine, U.S. Attorney Wendy J. Olson announced.
Senior U.S. District Judge Edward J. Lodge sentenced Taylor to 120 months in prison, to be followed by three years supervised release for the use of interstate facilities in the commission of murder hire and 121 months in prison, to be followed by five years supervised release for possession with intent to distribute methamphetamine. Taylor pleaded guilty on December 15, 2015.
According to the plea agreements, on June 17 and June 30, 2015, the Idaho State Police worked with a confidential informant to purchase methamphetamine from Taylor at his Post Falls residence. On July 1, 2015, Idaho State Police detectives served a search warrant at Taylor’s residence and seized methamphetamine, cocaine, heroin, marijuana, cash, and firearms.
On August 19, 2015, the day after Taylor was indicted by a federal grand jury on drug charges, Taylor met with a confidential informant working with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Taylor solicited this ATF confidential informant to murder another person promising to pay cash. Taylor was arrested on his federal drug charge shortly after his conversation and has been in federal custody since.
The cases were investigated by the Idaho State Police, Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Orofino Man Sentenced for Illegal Gun PossessionRead the Press Release
COEUR D'ALENE - Stephen C. Walker, 24, of Orofino, Idaho, was sentenced today for unlawful possession of a firearm, U.S. Attorney Wendy J. Olson announced. Senior U.S. District Judge Edward J. Lodge sentenced Walker to 13 months in prison and 3 years supervised release. Walker pleaded guilty on January 26, 2016.
According to statements made in court, Walker admitted that on October 29, 2014, he had a .22 caliber firearm in his back pocket. Walker was prohibited from possessing a firearm due to a previous felony conviction for burglary. Walker was contacted by police around midnight, in an area that had been subjected to burglaries the night before.
The case was investigated by the Orofino City Police Department, the Nez Perce Tribal Police, FBI and ATF.
The case was prosecuted as part of Idaho’s Project Safe Neighborhoods Program, which seeks to reduce gun violence in Idaho.
Moscow Man Sentenced for Making Online ThreatsRead the Press Release
COEUR D'ALENE – Paul Jens Suggs, 20, of Moscow, Idaho, was sentenced today for communicating interstate threats, U.S. Attorney Wendy J. Olson announced. Senior U.S. District Judge Edward J. Lodge sentenced Suggs to 16 months in prison, to be followed by three years supervised release. Suggs pleaded guilty on January 20, 2016.
According to the plea agreement, Suggs admitted that in September 2015, he made several posts on Facebook threatening to shoot a man in Moscow and to shoot law enforcement officers in Pullman, Washington and Moscow, Idaho. Additionally, Suggs posted that he was going to kill the family members of law enforcement officers. Suggs was arrested that same month, and has been in federal custody since his arrest.
The case was investigated by the Pullman Police Department, Moscow Police Department and the Federal Bureau of Investigation (FBI).
Boise Man Pleads Guilty to Conspiracy to Distribute MethamphetamineRead the Press Release
BOISE - Raymond Joseph Pruneau, 52, of Boise, Idaho, pleaded guilty today to conspiracy to distribute methamphetamine, U.S. Attorney Wendy J. Olson announced. Pruneau was indicted by a federal grand jury on March 8, 2016.
According to evidence presented at the entry of plea, Pruneau conspired with others to distribute methamphetamine in the state of Idaho between October 2015 and February 22, 2016. The defendant and his co-conspirators arranged for delivers of methamphetamine in the Ada and Canyon County, Idaho area. Investigating officers discovered the conspiracy and were able to intervene. A search of the defendant’s home resulted in officers locating 824 grams of methamphetamine and 415 grams of cocaine.
The charge of conspiracy to distribute methamphetamine is punishable by a term of imprisonment of not less than ten years or more than life, a term of supervised release of at least five years, and a maximum fine of $10,000,000.
Sentencing is set for October 9, 2016, before Senior U.S. District Judge Edward J. Lodge.
The case was investigated by the Drug Enforcement Administration, Ada County Sheriff’s Office, and City County Narcotics Unit of Canyon County.
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 County.
Felon Pleads Guilty to Unlawful Possession of FirearmRead the Press Release
BOISE – Donovan Langford, 45, of California, pleaded guilty yesterday to unlawful possession of a firearm, U.S. Attorney Wendy J. Olson announced. Donovan was indicted by a federal grand jury in Boise on March 8, 2016.
According to the plea agreement, on February 1, 2016, Donovan knowingly possessed a twenty-gauge shotgun while in McCall, Idaho. Langford was prohibited from possessing firearms due to a 2004 burglary conviction in California.
The charge of unlawful possession of a firearm is punishable by up to ten years in prison, a maximum fine of $250,000, three years supervised release and a $100 special assessment.
Sentencing is set for October 4, 2016, before Senior United States District Judge Edward J. Lodge, at the federal courthouse in Boise.
The case was investigated by the Idaho State Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Drug Enforcement Administration as well as 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 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.
Rexburg Man Indicted for Unlawful Possession of FirearmsRead the Press Release
BOISE – Joshua Black, 34, of Rexburg, was indicted June 28, 2016, by a federal grand jury in Pocatello for unlawfully possessing firearms, U.S. Attorney Wendy J. Olson announced.
The indictment alleges that on or about May 20, 2016, Black possessed a Taurus, 9mm caliber pistol and a Plumcrazy Firearms, 5.56 caliber rifle, as well as 82 rounds of 9mm caliber ammunition and 945 rounds of .223/5.56 caliber ammunition. Black is prohibited from possessing firearms and ammunition because he was previously convicted of the felony crime of unlawful manufacture of marijuana on January 23, 2012 in Clackamas County, Oregon.
The charge of unlawful possession of a firearm is punishable by up to 10 years in prison, a maximum fine of $250,000.00, and up to three years of supervised release. The government is seeking forfeiture of the firearms and ammunition involved in the offense.
The case was investigated by the Rexburg Police Department, the Madison County Prosecutor’s office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
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.
This case 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.
Ninth Defendant from Georgia Sentenced in Credit Card SchemeRead the Press Release
BOISE – Kyandre Banks, 27, of Lilburn, Georgia, was sentenced today to 60 months in prison followed by three years of supervised release for conspiracy to commit wire fraud and aggravated identity theft, U.S. Attorney Wendy J. Olson announced. He pleaded guilty on February 18, 2016. Visiting U.S. District Judge Stanley A. Bastian also ordered Banks to pay $22,679.54 in restitution along with the other co-defendants, and to forfeit $49,953.41 in cash proceeds from the offense.
According to court proceedings, Banks admitted traveling to the District of Idaho in October 2014, along with his co-defendants, for the purpose of making fraudulent purchases of gift cards and prepaid debit cards from retail stores, using stolen credit card numbers encoded onto stock debit cards. Banks admitted to obtaining the stock debit cards encoded with unauthorized credit card numbers, and making purchases at retail stores between October 4 and 6, 2014. Banks further admitted traveling to three separate retail stores, making 11 purchases of gift cards, pre-paid debits cards and personal toiletries, and using six different credit card numbers that he was not authorized to use. Officers recovered the defendant’s suitcase and backpack which contained a total of 27 gift cards.
Banks was indicted, along with Terrance Barimah of Floranceville, Georgia, Clarence Collins of Douglasville, Georgia, Rashine Kale of Lawrenceville, Georgia, Jean Estinville of Lawrenceville, Georgia, Charles Moore of Stone Mountain, Georgia, Jonathan Penn of Suwanee, Georgia, Brian Treadwell of Buford, Georgia, Mikki Williams of Loganville, Georgia, and Rakeen Anderson, of Atlanta, Georgia, on charges relating to a wire fraud and identity theft scheme. Collins, Banks, Estinville, Kale, Moore, Penn, Williams and Treadwell were each charged with conspiracy to commit wire fraud, wire fraud, and aggravated identity theft. Anderson was charged with conspiracy to commit wire fraud and wire fraud. Barimah was charged with conspiracy to commit wire fraud and illegal possession of device-making equipment.
Co-defendants Rakeen Anderson and Jean Estinville were sentenced on September 30, 2015. Anderson received 18 months in prison for conspiracy to commit wire fraud. Estinville received 46 months in prison for conspiracy to commit wire fraud and aggravated identity theft. Brian Treadwell and Mikki Williams were sentenced on June 16, 2014. Treadwell received 75 months in prison for conspiracy to commit wire fraud and aggravated identity theft. Williams received three years of probation and 200 hours of community service for misprision of a felony. Clarence Collins was sentenced on July 6, 2015, to 78 months in prison for conspiracy to commit wire fraud and aggravated identity theft. Charles Moore was sentenced on July 7, 2015, to 51 months in prison for conspiracy to commit wire fraud and aggravated identity theft. Jonathan Penn was sentenced on July 8, 2015, to 24 months in prison for conspiracy to commit wire fraud. Rashine Kale was sentenced on July 22, 2015, to 30 months in prison for conspiracy to commit wire fraud and aggravated identity theft.
Terrance Barmiah is set for sentencing on July 20, 2016.
The case was investigated by the United States Secret Service and the Boise Police Department.
U.S. Attorney Issues Second Statement on Twin Falls Assault CaseRead the Press Release
U.S. Attorney Wendy J. Olson issues the following statement:
“Many in the press, public and online bloggers are misinterpreting the statement I issued on Friday, June 24, 2016, in support of the five-year-old victim of an assault in Twin Falls, Idaho, and in support of the law enforcement authorities there who are prosecuting the case. The statement was not intended to and does not threaten to arrest or prosecute anyone for First Amendment protected speech.
I issued the statement because public officials in Twin Falls have received threats. Certain threatening or harassing communications may violate federal law and will be investigated. I am also concerned that intentionally false and inflammatory rumors are creating an unsafe environment in Twin Falls. In this case, it appears that the threats have resulted from false and inflammatory information spread about this crime, often times by those from outside of the community. I encourage all to be patient while the juvenile justice system works. I also encourage all to support this victim and her family.”
U.S. Attorney Statement on Assault on Five-year old in Twin Falls and Law Enforcement ResponseRead the Press Release
BOISE – The United States Attorney’s Office extends its support to the five-year-old victim of assault, and her family, at the Fawnbrook Apartments in Twin Falls. The United States Attorney’s Office further encourages community members in Twin Falls and throughout Idaho to remain calm and supportive, to pay close attention to the facts that have been released by law enforcement and the prosecuting attorney, and to avoid spreading false rumors and inaccuracies.
"Grant Loebs is an experienced prosecutor, and Chief Craig Kingsbury is an experienced law enforcement officer. They are moving fairly and thoughtfully in this case,” said Wendy J. Olson, U.S. Attorney for Idaho. “As Mr. Loebs and Chief Kingsbury informed the public, the subjects in this case are juveniles, ages 14, 10 and 7. The criminal justice system, whether at the state or federal level, requires that juveniles be afforded a specific process with significant restrictions on the information that can be released. The fact that the subjects are juveniles in no way lessens the harm to or impact on the victim and her family. The spread of false information or inflammatory or threatening statements about the perpetrators or the crime itself reduces public safety and may violate federal law. We have seen time and again that the spread of falsehoods about refugees divides our communities. I urge all citizens and residents to allow Mr. Loebs and Chief Kingsbury and their teams to do their jobs.”
Fort Hall Woman Sentenced for Assault with a Dangerous WeaponRead the Press Release
POCATELLO – Tanisha Phelps, 20, of Fort Hall, Idaho, was sentenced yesterday to time served, 11 months, including six months in the Shoshone-Bannock Tribal jail and five months in federal custody, for assault with a dangerous weapon, U.S. Attorney Wendy J. Olson announced. Chief United States District Judge B. Lynn Winmill also ordered Phelps to serve an additional six months in a halfway house, followed by three years of supervised release. Phelps pleaded guilty to the charge on April 11, 2016.
According to the plea agreement, on December 14, 2014, Fort Hall Police were called to a residence on the Fort Hall Indian Reservation regarding a possible stabbing. Officers arrived and found that Phelps had cut the victim, a 72 year old female in a wheelchair, on her forearm with a knife. The victim told police that Phelps was mad because her music had been turned off. The victim told Phelps to go outside and “cool off.” Phelps punched the victim in the forehead with her fist and she grabbed two kitchen knives. Phelps then cut the victim’s forearm with the knife and caused it to bleed. Phelps was interviewed by police and admitted cutting the victim with the knife.
The case was investigated by the Fort Hall Police Department and the Federal Bureau of Investigation.
Fort Hall Woman Sentenced for Assault on an OfficerRead the Press Release
POCATELLO – Demetres Ish, 23, of Fort Hall, Idaho, was sentenced yesterday to seven months in prison for assault on an officer, U.S. Attorney Wendy J. Olson announced. Ish served an additional month on this charge in the Shoshone-Bannock Tribal jail. Chief United States District Judge B. Lynn Winmill also ordered Ish to serve three years of supervised release. Ish pleaded guilty to the charge on April 13, 2016.
On March 30, 2015, a Fort Hall Police officer who was a school resource officer at the Sho-Ban Junior/Senior High School spoke to a student who was a passenger in a vehicle which was parked in front of the school. The officer confirmed that the driver of the vehicle, Ish, had two active tribal court warrants for her arrest on file. The officer tried to get Ish to voluntarily go with him to into custody on the warrants, but she began to argue with the officer and refused to get out of the vehicle. Another officer arrived to assist and Ish fought with both officers and resisted their efforts to remove her from the vehicle. When she was finally removed from the vehicle, officers handcuffed her and put her on the ground while the officers dealt with another matter. She slipped out of her handcuffs and went over to one of the officers and kicked him in the back. She was then handcuffed again and eventually taken to jail. Under the specific federal law that Ish pleaded guilty to violating, Fort Hall police officers are considered “federal officers.”
The case was investigated by the Fort Hall Police Department and the Federal Bureau of Investigation.
Utah Woman Pleads Guilty to Bank Fraud and Concealment of AssetsRead the Press Release
COEUR D'ALENE – Nicolette P. Valentine, 37, of Liberty, Utah, pleaded guilty yesterday to bank fraud, concealment of assets in connection with a bankruptcy case and false statements under oath, U.S. Attorney Wendy J. Olson announced. Valentine was indicted by a federal grand Jury in Coeur d'Alene on February 18, 2015.
According to the plea agreement, Valentine defrauded Mountain West Bank when she made material false statements which were relied upon by Mountain West Bank and caused them to lend her $43,766.27 to refinance a truck. Instead of paying off the existing loan on the truck so that Mountain West Bank could obtain clear title to the collateral, the Valentine deposited the proceeds into her bank account and used the money for living expenses.
In November 2011, Valentine and her husband and co-defendant, Cortney Valentine, contracted to sell 103 Festive Lane, Sagle, Idaho, to a third party for $1,150,000. Instead of the proceeds from the sale going into the bankruptcy estate because the property was part of the codefendant’s bankruptcy filing in May 2011, the Valentines used the money for living expenses. Nicolette Valentine acted knowingly, fraudulently and with the intent to deceive the creditor, trustee or bankruptcy judge. In May 2012, Nicolette Valentine, filed for relief under Chapter 13 of Title 11. During her bankruptcy proceedings, and while under oath, Nicolette Valentine made material false statements when questioned about various matters under the supervision of the bankruptcy court.
The charge of bank fraud is punishable by up to 30 years in prison, a maximum fine of $1,000,000, and up to five years of supervised release. The charges of false statement under oath and concealment of assets in connection with a bankruptcy case are punishable by up to five years in prison, a maximum fine of $250,000, and up to three years of supervised release.
Sentencing is set for August 16, 2016, before Senior U.S. District Judge Edward J. Lodge at the federal courthouse in Coeur d'Alene.
The case was investigated by Federal Bureau of Investigation (FBI).
Pocatello Man Sentenced for Social Security FraudRead the Press Release
POCATELLO – Timmy Adam Allen, 51, of Pocatello, Idaho, was sentenced today to four months in prison for social security fraud, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Allen to pay restitution to the Social Security Administration. Allen pleaded guilty on January 28, 2016.
According to the plea agreement, Allen admitted that in February 2012, he applied for social security benefits for his son and requested to be the representative payee. As part of the application, Allen falsely represented that his son lived with him. In reliance on that application and the false statement it contained, the Social Security Administration determined the son was eligible for benefits and appointed Allen as the representative payee. From on or about February 9, 2012 through on or about July 3, 2014, Allen received $21,681 in social security benefits for his son. Allen did not spend any of the money on his son or conserve it for his future use. Instead, Allen took the $21,681 and spent it on himself.
The case was investigated by the Social Security Administration Office of Inspector General with assistance from the Power County Sheriff’s Office. The case was prosecuted by a Special Assistant U.S. Attorney as part of a partnership venture between the Social Security Administration Office of General Counsel and the United States Attorney’s Office to prosecute social security fraud.