District of Idaho
Press releases recorded for this federal judicial district.
Illegal Alien Sentenced to 30 Months on Federal Gun ChargeRead the Press Release
POCATELLO – Juan Carlos Sepulveda-Castro, 31, a citizen of Mexico, was sentenced yesterday by Chief U.S. District Judge B. Lynn Winmill to 30 months in prison for possession of a firearm by an illegal alien, U.S. Attorney Wendy J. Olson announced. Sepulveda-Castro pleaded guilty on March 30, 2016.
Idaho Falls police arrested Sepulveda-Castro on December 5, 2015 after a report that he had threatened several others with a gun during a dispute. Sepulveda-Castro admitted possessing a loaded, Sig Sauer Model 522, .22 caliber, assault-style rifle. Sepulveda-Castro is prohibited from possessing firearms because he is an alien illegally and unlawfully in the United States.
The case was investigated by Idaho Falls Police, U.S. Immigration and Custom Enforcement’s (ICE) Homeland Security Investigations (HSI), and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
This case was prosecuted by the new Special Assistant U.S. Attorney hired by the Eastern Idaho Partnership and the State of Idaho. The Eastern Idaho Special Assistant U.S. Attorney was hired 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.
Coeur d’Alene Man Pleads Guilty to Federal Child Pornography ChargeRead the Press Release
COEUR D'ALENE – Kody Ray Gibbs, 29, of Coeur d’Alene, Idaho, pleaded guilty yesterday to possession of sexually explicit images of minors, U.S. Attorney Wendy J. Olson announced. Gibbs was indicted by a federal grand jury in Coeur d'Alene on April 19, 2016.
According to the plea agreement, in February 2016, a woman purchased an “open box” tablet-computer from a local Coeur d’Alene business. When she powered the tablet, she found that it contained images of child pornography. The Coeur d’Alene Police were called. Detectives determined that Gibbs had purchased the computer previously and returned it for a refund. Gibbs was located, interviewed, and admitted to downloading child pornography.
The charge of possession of sexually explicit images of minors is punishable by up to ten years in prison, a maximum fine of $250,000.00, and up to lifetime supervised release.
Sentencing is set for September 6, 2016, before Chief United States District Judge B. Lynn Winmill, at the federal courthouse in Coeur d'Alene.
The case was investigated by the Coeur d’Alene Police Department and the Kootenai County Prosecutor’s Office. They participate in the Idaho Internet Crimes Against Children (ICAC) Task Force, a statewide coalition of local, state and federal law enforcement and prosecution agencies, focused on apprehending and prosecuting individuals who use the Internet to criminally exploit children. For more information about the Idaho ICAC Task Force and a list of all the participating agencies, visit www.icactaskforce.org.
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.”
Burley Man Sentenced to 20 years for Possessing and Distributing Child PornographyRead the Press Release
POCATELLO – Danny Henderson, 42, of Burley, Idaho, was sentenced yesterday to 20 years in prison for possessing, distributing, and receiving child pornography, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also imposed 15 years of supervised release. Henderson pleaded guilty on February 10, 2016.
According to the plea agreement, on June 5 and 6, 2015, Henderson sent fifteen images of sexually exploitative images of minors via Twitter Direct Messaging, receiving in exchange eighteen images. A subsequent search of his residence revealed several computers with numerous sexually exploitive images of minors. Henderson admitted that he possessed the images, knowing the images contained visual depictions of minors engaged in sexually explicit conduct, and also knowing that production of such visual depictions involved the use of minors in sexually explicit conduct. Henderson was previously convicted of lewd conduct with a child under 16 in 2002.
The case was investigated by Homeland Security Investigations.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Moscow Man Pleads Guilty to Federal Child Pornography ChargeRead the Press Release
COEUR D'ALENE - James Dale Pressnall, 50, of Moscow, Idaho pleaded guilty yesterday to possession of sexually explicit images of minors, U.S. Attorney Wendy J. Olson announced. Pressnall was indicted by a federal grand jury in Coeur d'Alene on November 17, 2015.
According to the plea agreement, between December 2013, and February 2014, a Department of Homeland Security agent downloaded thirty-five child pornography files from a computer located in Moscow, Idaho. The computer was making the files available on a peer to peer network open to the general public. An internet service provider complied with a subpoena and advised that the computer distributing these images was located at Pressnall’s residence in Moscow, Idaho.
In March 2014, the Department of Homeland Security and the Moscow Police Department executed a federal search warrant at Pressnall’s residence. Pressnall was present during the search and admitted to using child pornography search terms to download child pornography over the internet. Several computers and computer storage devices were seized and the child pornography was located. The National Center for Missing and Exploited Children determined that Pressnall’s child pornography collection included images of minors from multiple states, including: Washington, Nebraska, Pennsylvania, California, Michigan, Connecticut, Delaware, Georgia, Florida, Vermont, Virginia, New York, and several foreign countries.
The charge of possession of sexually explicit images of minors is punishable by up to 10 years in prison, a maximum fine of $250,000.00, and up to lifetime supervised release.
Sentencing is set for September 7, 2016, before Chief United States District Judge B. Lynn Winmill at the federal courthouse in Coeur d'Alene.
The case was investigated through the collaborative effort of the Department of Homeland Security, Moscow Police Department, and Kootenai County Sheriff’s Office. These agencies participate in the Idaho Internet Crimes Against Children (ICAC) Task Force, a statewide coalition of local, state and federal law enforcement and prosecution agencies, focused on apprehending and prosecuting individuals who use the Internet to criminally exploit children. For more information about the Idaho ICAC Task Force and a list of all the participating agencies, visit www.icactaskforce.org.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Fort Hall Man Sentenced to 33 months for Assault on an OfficerRead the Press Release
POCATELLO – Lyle Plentywounds, Sr., 60, of Fort Hall, Idaho, was sentenced today to a total of 33 months in prison for assault on an officer and for a violation of his supervised release on a previous case, which also involved an assault on an officer, U.S. Attorney Wendy J. Olson announced. Plentywounds received a 21 month sentence for the new assault on officer case and an additional 12 month consecutive sentence for the supervised release violation on the previous case. Chief U.S. District Judge B. Lynn Winmill also ordered Plentywounds to serve three years of supervised release. Plentywounds pleaded guilty to the new charge of assault on an officer on April 11, 2016.
On June 23, 2015, officers from the Fort Hall Police Department responded to a residence on the Fort Hall Indian Reservation on a report that the Plentywounds was causing a disturbance at that location. Officers arrived at the location and found Plentywounds to be intoxicated, which is a violation of Tribal law. Officers took Plentywounds into custody. While officers were taking him to the patrol car, Plentywounds struggled with the officers and kicked an officer in the leg. Under the specific federal law that Plentywounds pled 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.
Telephone Scammers Continue to Target Idaho ResidentsRead 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. Calls have been reported in the Boise, Pocatello and Twin Falls area.
It was recently reported that Idaho residents have received a phone call from a person claiming to be a Deputy U.S. Marshal. When unsuspecting citizens return the call an automated message says:
You have reached the U.S. Marshals Service serving the Northern District of Idaho. If this is an emergency, hang up and dial 911. If you have information regarding the whereabouts of an absconded fugitive please remain on the line for the next available deputy. For all other inquiries please listen closely because our menu options have recently changed. For warrants division, press 1; for civil processing division, press 2; for gang enforcement, press 3; for the officer in charge, press 4; for clerk of courts, press 5.
Once connected to a person, individuals are given the choice to avoid a federal arrest warrant by paying a fine to settle out of court. The individual may be instructed to purchase a prepaid Visa or MasterCard, and to provide the number on the back of the card to the caller.
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.
Two Arizona Men Charged Federally for Five Pounds of HeroinRead the Press Release
BOISE – Rodrigo Ramirez, 22, and Irwin Camacho, 20, both of Phoenix, Arizona, were arrested last night in Canyon County after being found in possession of over five pounds of black tar heroin, U.S. Attorney Wendy J. Olson announced. Ramirez and Camacho were arraigned on a complaint this afternoon in federal court, which charged them with possession with intent to distribute 1000 grams or more of heroin.
The charge of possessing with intent to distribute 1000 grams or more of heroin is punishable by at least ten years in prison and not more than life, a maximum fine of $10,000,000, and at least five years of supervised release.
The case is being investigated by the Drug Enforcement Administration and the Special Investigations Unit of the Nampa City Police Department
A complaint is a means of charging a person with criminal activity. It is not evidence. The person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Grand Jury Indicts Ohio Man for Sexual Exploitation of ChildrenRead the Press Release
BOISE – Timothy Raymond Schmidt, 34, of Cincinnati, Ohio was indicted June 15, 2016 by a federal grand jury sitting in Boise for two counts of sexual exploitation of a child, U.S. Attorney Wendy J. Olson announced.
The indictment alleges that between January 28, 2015 and April 9, 2015, Schmidt knowingly used, persuaded, induced, enticed or coerced two minor children in Idaho to take part in sexually explicit conduct, for the purpose of producing visual depictions and live visual depictions of that conduct.
Each count of sexual exploitation of a child is punishable by not less than 15, and up to 30 years in prison, a maximum fine of $250,000.00, and at least 5 years up to a lifetime of supervised release.
Schmidt is currently in custody in Fayetteville, Ohio, and is charged by the State of Ohio with one count of rape, and two counts of sexual imposition of a minor. Those charges are unrelated to the investigation in Idaho.
The case is being investigated by the Department of Homeland Security in Boise, Idaho, the Idaho Internet Crimes Against Children Task Force, and the Valley County Sheriff's Office, with assistance from the Department of Homeland Security and U.S. Attorney's Office in the Southern District of Ohio, and the Fayetteville, Ohio Police Department.
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.
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.”
Twin Falls County Man Sentenced to 42 Months for Unlawful Possession of FirearmsRead the Press Release
BOISE – Michael A. Southerland, 26, of Twin Falls County, Idaho, was sentenced yesterday to 42 months in prison for unlawful possession of firearms, U.S. Attorney Wendy J. Olson announced. Chief United States District Judge B. Lynn Winmill also ordered Southerland to serve three years of supervised release and to pay a $1,000 fine. Southerland pleaded guilty on March 21, 2016.
According to the plea agreement, Southerland admitted that on October 28, 2015, he knowingly possessed two firearms after having been convicted of felony possession of a destructive device in California.
Southerland was arrested after law enforcement responded to a 911 call to the residence that he shared with his girlfriend, Lillian Cawley, and her daughter. The residence formerly belonged to Glen Cawley, Lillian Cawley’s estranged husband. In March 2015, Glen Cawley was found dead at the residence, having been shot in the back of the head with a shotgun. Lillian Cawley and Southerland subsequently moved into the residence. The murder of Glen Cawley is still under investigation.
The case was investigated by the FBI, the ATF, and the Twin Falls County Sheriff’s Office.
Public Land Marijuana Grower Sentenced to 97 Months in Federal PrisonRead the Press Release
BOISE - Martin Diaz-Lara, 33, a Mexican National, illegally residing in Walla Walla, Washington, was sentenced today to 97 months in prison for possession of a firearm in furtherance of a drug trafficking crime and conspiracy to manufacture a controlled substance, more than 1,000 marijuana plants, with the intent to distribute it, U.S. Attorney Wendy J. Olson announced. Chief United States District Judge B. Lynn Winmill also ordered Diaz- Lara to serve three years of supervised release. Diaz-Lara will likely be deported to Mexico following completion of his prison sentence. Diaz-Lara pleaded guilty on March 8, 2016.
According to court documents, Diaz Lara was arrested on September 23, 2015, along with a co-conspirator Carlos Avalos-Cervantes, in a canyon half a mile from the North Fork of Payette River, ten miles north of Banks, in Boise County, Idaho. Agents were able to document a total of 6,870 live and harvested marijuana plants on state lands in the canyon. According to court proceedings, Diaz-Lara and Avalos-Cervantes each possessed a 9 mm handgun in furtherance of the drug trafficking crime. Agents discovered that Diaz-Lara and others working in the grow used a banned Mexican pesticide, carbofuran. Carbofuran was banned by the U.S. Environmental Protection Agency in 1991, after its use resulted in the death of millions of birds per year. The court documents also state that the marijuana operation was supported and supplied by other co-defendants. All of those responsible for the public land outdoor marijuana grow are Mexican nationals who entered the United States illegally.
Co-defendant Avalos-Cervantes pleaded guilty to the same charges as Diaz-Lara and was sentenced on April 19, 2016 to 180 months in prison. Avalos-Cervantes was believed to have been involved in another public land marijuana grow in Umatilla County, Oregon in 2007. Trial for the remaining defendants is scheduled for July 18, 2016, before Chief U.S. District Judge B. Lynn Winmill.
The arrests and complaints are the result of a joint investigation and cooperative law enforcement efforts of the Organized Crime and Drug Enforcement Task Force (OCDETF), led by the Drug Enforcement Administration, Bureau of Land Management (BLM), Nampa Police Department Special Investigations Unit (SIU). Other agencies include Ada County Sheriff’s Office, United States Forest Service (USFS), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), U. S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Boise County Sheriff’s Office, Boise Police Department, Gooding County Sheriff’s Office, Idaho Department of Fish and Game, Idaho National Guard—Counterdrug Support Office, Meridian Police Department, Milton-Freewater Police Department, Oregon State Police, Power County Sheriff’s Office, Spokane Police Department, Valley County Sheriff’s Office, Walla Walla Police Department, and Washington State Patrol.
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.
New Plymouth Man Sentenced to 57 Months in Prison for Unlawful Possession of FirearmsRead the Press Release
BOISE -- Delbert Rundell, 63, of New Plymouth, Idaho, was sentenced yesterday in United States District Court to 57 months in prison and three years of supervised release for possession of firearms by an unlawful user of controlled substances, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Rundell to forfeit $21,580 in drug proceeds, 33 firearms, and approximately 28,000 rounds of ammunition. He pleaded guilty on March 21, 2016.
According to evidence presented in court, a shooting occurred at Rundell’s home on October 28, 2015. After interviewing the victim of the shooting, officers obtained a search warrant for Rundell’s home and searched it on November 12, 2015. Inside the home officers found 42 grams of methamphetamine, 33 firearms, and evidence of drug use. Federal law prohibits a user of illegal controlled substances from possessing a firearm.
The case was investigated by the High Desert Task Force, Idaho State Police, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Drug Enforcement Administration. The High Desert Task Force is 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.
Drug User Enters Guilty Plea to Gun OffenseRead the Press Release
BOISE – Jose Balderas-Duarte, 28, of Caldwell, Idaho, entered a guilty plea yesterday to the charge of unlawful possession of a firearm, U.S. Attorney Wendy J. Olson announced. Balderas-Duarte was indicted by a federal grand jury on January 12, 2016.
According to the plea agreement, on December 8, 2015, Balderas-Duarte was stopped as part of an investigation into a claim that he had engaged in assault with a deadly weapon. Balderas-Duarte was removed from the vehicle and arrested. Officers searched his person and located a 9 mm magazine in his pocket. The vehicle was subsequently searched and a 9 mm caliber pistol was located between the center console and the front passenger seat where he had been seated prior to his arrest.
Balderas-Duarte was interviewed by a detective and admitted to possessing the gun. Balderas-Duarte told the detective that he had purchased the gun two months prior to the date of the interview and admitted that he was a methamphetamine addict who had last smoked methamphetamine a few days prior to his interview. Federal law prohibits a user of illegal controlled substances to possess a firearm. Balderas-Duarte is a legal alien however, given the conviction he will likely be deported following sentencing.
The charge of unlawful possession of a firearm is punishable by up to 10 years in prison, a maximum fine of $250,000, and up to three years of supervised release. Balderas-Duarte’s sentencing is set for August 31, 2016 before Chief U.S. District Judge B. Lynn Winmill.
The case was investigated by the Boise Police Department and members of the Boise Police Department Gang Unit as well as the Bureau of Alcohol, Tobacco, Firearms and Explosives.
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.
Woman Who Embezzled $852,041 from St. Luke’s Pleads GuiltyRead the Press Release
BOISE -- Sara Curnow, 45, of Portland, Oregon, pleaded guilty today to wire fraud in connection with her scheme to embezzle $852,041 from St. Luke’s Health System employees’ Flexible Spending Accounts, U.S. Attorney Wendy J. Olson announced. Curnow waived her right to indictment and pleaded guilty before Chief U.S. Magistrate Judge Ronald E. Bush to a single count felony information filed by the U.S. Attorney.
According to the plea agreement, from approximately 2008 through 2015, Curnow was an employee of Pinnacle Pension Services (“Pinnacle”), headquartered in Boise, Idaho. As part of its business, Pinnacle administered health care and dependent care Flexible Spending Accounts (“FSAs”) for employees of client firms. Employees of client firms who elected to participate in an FSA program had pre-tax funds withheld from their paycheck and deposited into a bank account from which they can make claims for disbursement for health care and dependent care expenses throughout the year. At the end of the year, if the employee had not exhausted his or her FSA deposits, they were forfeited to the employer. In approximately 2009, Curnow assumed the job of FSA Administrator at Pinnacle. In that role, she had responsibility for reviewing and approving payment of FSA disbursement claims.
St. Luke’s Health System (“St. Luke’s”) was a client of Pinnacle. St. Luke’s maintained bank accounts at Wells Fargo Bank into which withholdings of pre-tax FSA funds from participating employees were deposited and from which disbursements were made to these employees after they were approved by Pinnacle.
The plea agreement provided that, beginning in April of 2009 and continuing until October of 2015, Curnow embezzled $852,041 from St. Luke’s FSA accounts at Wells Fargo Bank. On the internal Pinnacle computer system, she saw which St. Luke’s employees left forfeitures at plan year end and in what amounts. These amounts were supposed to be forfeited to St. Luke’s at plan year end. Instead, Curnow manipulated the Pinnacle claims system to create dummy elections and claims payments for St. Luke’s employees. Rather than directing the claims payments to the bank accounts of the St. Luke’s employees, Curnow directed these claims payments to be sent by interstate ACH wire transfer from St. Luke’s FSA account at Wells Fargo Bank to Pinnacle’s trust account at Wells Fargo Bank, and then, to Curnow’s bank accounts at Ally Bank, Mountain America Federal Credit Union, and Navy Federal Credit Union. She did so on approximately 294 separate occasions in denominations ranging from approximately $600 to $9,100. Because St. Luke’s had between 5,000 and 11,000 employees from 2009 through 2015, St. Luke’s did not discover the fraudulent transfers of forfeited funds that belonged to it.
The charge of wire fraud is punishable by up to 20 years in prison, a maximum fine of $250,000, and up to 3 years of supervised release.
Sentencing for Curnow is set for August 30, 2016, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise.
The case was investigated by the U.S. Department of Labor, Employee Benefits Security Administration and the Boise Police Department.
Today's announcement is part of efforts underway by President Obama's Financial Fraud Enforcement Task Force (FFETF), which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants.
Owner of Saul Farms Sentenced Bernard Saul to Serve 36 Months in PrisonRead the Press Release
BOISE -- Bernard Saul, 58, of Bliss, Idaho, the owner of Saul Farms, was sentenced today in United States District Court to 36 months in prison, followed by three years of supervised release, for the crimes of wire fraud and money laundering, U.S. Attorney Wendy J. Olson announced. Senior U.S. District Court Judge Edward J. Lodge also ordered Saul to forfeit $1,903,727 and pay a fine of $7,500. Saul pleaded guilty to one count of wire fraud and one count of money laundering on March 29, 2016.
Saul’s conviction and sentence arose out of his misbranding conventional, non-organic alfalfa seed as “organic” alfalfa seed, which he then sold for $1,903,727 more than the seed was worth. He did not tell his customers that they were actually purchasing conventional, non-organic alfalfa seed. Saul’s wife, Roza Saul, pleaded guilty on March 28, 2016, to a one-count information charging her with delivery of a misbranded food product. Roza Saul will be sentenced on June 20, 2016.
“Bernard Saul committed a basic fraud,” said Olson. “Business people who misrepresent their product in order to make more money than their product is worth cheat both their customers and honest, fair businesses. This sentence sends the clear message that owners of businesses who cut corners in this way will be punished, and will not be able to keep the proceeds of their crime.”
“The USDA OIG has the responsibility for protecting the integrity of the National Organic Program (NOP),” said Lori Chan, Special Agent-in-Charge, United States Department of Agriculture (USDA), Office of Inspector General (OIG), Western Region. “OIG conducts investigations in each region of the U.S. to deter and uncover criminal activity that undermines the organic program. Producers who engage in NOP fraud exploit the public’s trust by certifying agricultural products are organic when in fact they are not. The OIG at USDA works to ensure the public agricultural products certified as organic are truly organic.”
According to the plea agreement, Saul was the co-owner of Saul Farms, marketing as Bliss Seeds LLC. Saul Farms was located in Bliss, Idaho, and produced, handled, and sold alfalfa seeds labeled as “organic,” among other crops.
Under applicable federal regulations, to be sold or labeled as “organic,” an agricultural product generally (i) must have been produced and handled without the use of synthetic chemicals, (ii) must not have been produced on land to which any prohibited substances, including synthetic chemicals, have been applied during the preceding three years, and (iii) must have been produced and handled in compliance with an appropriate organic plan. Also, an entity that intended to sell or label agricultural products as organic first had to be certified as an organic producer or handler according to applicable regulations.
According to the plea agreement, from 2010 through 2015, Saul annually applied to the Idaho State Department of Agriculture and Nature’s International Certification Services for United States Department of Agriculture organic certifications to produce and handle organic alfalfa seeds on Saul Farms. In the applications, and during site inspections, Saul represented that Saul Farms grew organic alfalfa seed on between 42 and 81 acres, and produced between 35,000 and 50,000 pounds of organic alfalfa seed per year. During 2010 through 2015, organic alfalfa seed sold for more than one dollar more per pound than conventional, non-organic alfalfa seed.
According to the plea agreement, from 2010 through 2015, Saul purchased conventional, non-organic alfalfa seed from Andrews Seed, Quarter J Circle Farms, McClintick Farms, and United Seed Services in the following approximate amounts: 66,403 pounds for 2010; 304,891 pounds in 2011; 438,288 pounds in 2012; 545,182 pounds in 2013; 447,218 pounds in 2014; and 334,371 pound for the first nine months of 2015. Saul knowingly and intentionally misbranded these seeds as “organic” alfalfa seeds, and sold them to customers Albert Lea, Kings Agriseeds, Blue River Hybrid, Byron Seeds, and Foundation Organic at the higher organic price and received the following payments: $182,000 for 2010; $891,661 for 2011; $1,910,583 for 2012; $1,538,763 for 2013; $1,645,910 for 2014; and $921,520 for the first nine months of 2015.
According to the plea agreement, for the years 2010 through 2015, Saul knowingly and intentionally did not disclose to the United States Department of Agriculture, Idaho State Department of Agriculture and Nature’s International Certification Services Saul Farms’ purchases of conventional, non-organic alfalfa seeds from Andrews Seed, Quarter Circle J Farms, McClintick Farms, and United Seed Services, and Saul Farms’ sales of alfalfa seed – represented as “organic” – to customers Albert Lea, Kings Agriseeds, Blue River Hybrid, Byron Seeds, and Foundation Organic. As a result, Saul obtained $1,903,727 more from the customers than they should have paid.
Also, according to the plea agreement, Saul engaged in monetary transactions with the proceeds of the fraudulent sales. From 2012 through 2015, Saul made the following purchases with the proceeds of the fraudulent sales: a 438-acre parcel of real property in Buhl, Idaho for $1,000,000; a 2012 Coachman Freelander recreational vehicle for $20,000 (partial payment); a 2014 Polar Kraft boat, engine, and trailer for $41,553; 2015 Dodge Ram 2500 Truck for $36,505; and a $90,000 cashier’s check.
The case was investigated by the Federal Bureau of Investigation, the United States Department of Agriculture, Office of Inspector General, and Internal Revenue Service, Criminal Investigation Division.
Today's announcement is part of efforts underway by President Obama's Financial Fraud Enforcement Task Force (FFETF), which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants.
Meridian Man Indicted for Dealing Firearms Without a LicenseRead the Press Release
BOISE – Steven W. Clyne, 69, of Meridian, made an initial appearance today for dealing firearms without a license, U.S. Attorney Wendy J. Olson announced. A federal grand jury in Boise indicted Clyne on May 11, 2016. The indictment alleges that from January 2013 until November 2015, Clyne willfully engaged in the business of dealing firearms without a license.
Clyne appeared in court for the first time today. He appeared on a summons and was released on his own recognizance. Trial is scheduled for August 8, 2016, at the federal courthouse in Boise before Chief U.S. District Judge B. Lynn Winmill.
The charge of dealing firearms without a license is punishable by up to five years in prison, a maximum fine of $250,000, and up to one year of supervised release. The government is seeking forfeiture of the multiple firearms involved in the offense.
The case was investigated by 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.
Fourth Guilty Plea in Drug Conspiracy RingRead the Press Release
BOISE – Stacy Duane Wilfong, 39, of Boise, Idaho, pleaded guilty yesterday to conspiracy to distribute a controlled substance, U.S. Attorney Wendy J. Olson announced. Wilfong was indicted by a federal grand jury on December 8, 2015.
In approximately January 2015, law enforcement agents began investigating ongoing drug distribution by Stacy Wilfong and others. Wilfong and his other coconspirators acted together to distribute methamphetamine, heroin, bath salts, and pills including oxycodone and hydromorphone in the Treasure Valley. Wilfong was arrested on August 25, 2015 in Jackpot, Nevada. Law enforcement agents found approximately one ounce of methamphetamine in co-defendant Jocelin 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.
Eleven people were indicted on conspiracy to distribute drugs as part of the investigation of Wilfong. He was the fourth person to plead guilty. Jocelin Jessica Gonzalez, 19, and Elizabeth Ann Gaytan, 37, both from Nampa, Idaho, pleaded guilty on May 5, 2016, and will be sentenced on July 28, 2016. Regina Wade, 50, of Boise pleaded guilty on May 19, 2016. Six co-defendants are currently set for trial: David Anthony Wales, 31, of Boise; John Matthew Caviness, Jr., 34, of Caldwell; Breeannyn Nicole Pederson, 25, of Parma; Adam William Dillon, 28, of Nampa; Isela F. Garza, 36, of Nampa; and Jason Lee Burgess, 44, of Garden City. Anthony James Kitchen, 47, of Nampa, has given notice of his intent to plead guilty and is set for a plea change on June 30, 2016, in U.S. District Court.
The crime of conspiracy to distribute a controlled substance is punishable by up to twenty years in prison, a maximum fine of $1,000,000 and three years of supervised release. Sentencing is set for August 16, 2016, before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.
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.
Washington Man Sentenced for Possession with Intent to Distribute MethamphetamineRead the Press Release
BOISE – Sergio Maldonado-Farias, 39, of Monroe, Washington, was sentenced today to 18 months in prison for possession with intent to distribute methamphetamine, U.S. Attorney Wendy J. Olson announced. Maldonado-Farias, a Mexican national, is likely to be deported to Mexico at the end of his prison term. Maldonado-Farias pleaded guilty on March 22, 2016.
According to the plea agreement, Maldonado-Farias had stopped his vehicle on the shoulder of I-84 near Jerome, Idaho. An Idaho State Police trooper arrived to assist Maldonado-Farias and subsequently asked for consent to search his vehicle. Maldonado-Farias granted consent and the officer located two bricks containing methamphetamine. Maldonado-Farias admitted that he was transporting methamphetamine to distribute to another individual.
The case was investigated by the Drug Enforcement Administration and the Idaho State Police.
Fort Hall Man Sentenced to 78 Months for ManslaughterRead the Press Release
POCATELLO – Joaquin Broncho, 19, of Fort Hall, Idaho, was sentenced today to 78 months in prison for voluntary manslaughter, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Broncho to serve three years of supervised release. Broncho pleaded guilty on February 9, 2016. Broncho was previously charged as a juvenile in this case, but his case was later transferred to adult court.
According to the plea agreement, on August 29, 2014, Broncho and others were involved in a fight outside of a residence on the Fort Hall Indian Reservation. Broncho went into the house, obtained a knife and went back outside and stabbed the victim, Joey Runninghorse. Runninghorse was taken to the hospital where he was pronounced dead as a result of the stabbing.
The case was investigated by the Federal Bureau of Investigation (FBI), and the Fort Hall Police Department.
Convicted Felon Sentenced to 60 Months Prison for Drug and Gun CrimeRead the Press Release
BOISE – Shaun McNabb, 35, of Boise, Idaho, was sentenced today to 60 months in prison for possession of a controlled substance with intent to distribute and unlawful possession of a firearm, U.S. Attorney Wendy J. Olson announced. Senior U.S. District Judge Edward J. Lodge also ordered McNabb to serve three years of supervised release following his release from prison. McNabb was convicted by a federal jury on March 11, 2016.
According to the evidence presented at trial, in the early morning hours of December 25, 2014, Boise Police officers observed McNabb driving in Boise. Officers ran the status of the registered owner and determined that McNabb was the registered owner of the vehicle and had a suspended driver’s license. The officers followed McNabb and observed him pull into the parking lot of a closed business and then into the parking lot of a bar. After several minutes, officers observed McNabb’s vehicle drive down the road followed closely by a second vehicle. Officers continued to follow the vehicles and observed that the second vehicle begin to drive erratically and the driver seemed to be trying to draw the officers’ attention away from McNabb. Officers ultimately initiated a traffic stop at a gas station on McNabb’s vehicle after observing a turn signal violation. McNabb parked in the parking lot of a gas station and before the officers could exit their patrol vehicles, McNabb had already exited and locked his vehicle, and refused an officer’s repeated commands to get back into it. McNabb was placed under arrest for driving without privileges and resisting and obstructing officers. Because of McNabb’s behavior and driving pattern, a drug dog was called to the scene to perform an exterior sniff of the vehicle. The dog later gave a positive alert for the presence of drugs within the vehicle. The vehicle was searched and officers located a grey backpack in the trunk. Inside the backpack officers found a 45 caliber handgun, a magazine containing ten 45 caliber rounds, one loose 45 caliber round, a digital scale, and two large vacuum sealed bags containing more than one pound of marijuana. McNabb had previously been convicted of a felony and therefore was prohibited from possessing firearms.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Boise Police Department.
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.
Rigby Man Sentenced for Bankruptcy FraudRead the Press Release
POCATELLO – Kim Thompson, 49, of Rigby, Idaho, was sentenced today to three years of probation, including six months of home confinement for bankruptcy fraud, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Thompson to pay a fine of $3,000. Thompson pleaded guilty on February 10, 2016.
According to the plea agreement, on October 14, 2010, Thompson filed bankruptcy in the United States Bankruptcy Court for the District of Idaho. As part of those proceedings, Thompson testified under oath at the meeting of creditors that he had no aircraft or accessories. Thompson subsequently admitted that he had purchased a Piper Arrow aircraft in 2009. He admitted that he lied under oath about his ownership of the plane and stated that he never transferred the registration or ownership documents into his name in order to conceal ownership of the airplane from the bankruptcy trustee. He further stated that he hoped to use the plane in a business after completion of the bankruptcy and was afraid he would lose the plane if he disclosed it to the trustee.
The case was investigated by the Internal Revenue Service, Criminal Investigations (IRS-CI).
Two California Men Sentenced to Combined 70 months in Federal Prison for Conspiracy to Distribute Oxycodone and HydromorphoneRead the Press Release
BOISE – Michael Kulikoff, 30, and Kenneth Miller, 57, both of California City, California, were sentenced yesterday for their role in a conspiracy to distribute oxycodone and hydromorphone, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill sentenced Kulikoff to 24 months in prison, three years of supervised release, and ordered him to forfeit $15,000 in cash proceeds. Judge Winmill sentenced Miller to 46 months in prison, three years of supervised release, and ordered him to forfeit $8,000 in cash proceeds. Both Kulikoff and Miller pleaded guilty on March 8, 2016.
According to the plea agreement and court proceedings, Kenneth Miller, Diana Miller, and Crystal Clark sold their prescriptions of oxycodone to Kulikoff. Kulikoff admitted to distributing those and other prescription pills in Boise, Idaho. Kulikoff admitted that he distributed between 500 and 1750 30mg pills of oxycodone to a confidential informant and an undercover officer in Idaho. At sentencing, Judge Winmill found that Miller obstructed justice by threatening a witness in California, and imposed a higher sentence on him.
Co-defendants Diana Miller, 41, and Crystal Clark 43, also of California City, California, were previously sentenced to prison. Diana Miller was sentenced on January 15, 2016, to 15 months in prison, five years of supervised release, and was ordered to forfeit $1,400 in cash proceeds. Crystal Clark was sentenced on April 21, 2016, to 18 months in prison, three years of supervised release, and was ordered to forfeit $8,000 in cash proceeds.
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 (DEA); Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Immigration and Customs Enforcement’s; Homeland Security Investigations; Internal Revenue Service-Criminal Investigation; and U.S. Marshals Service.
The case was initiated and investigated by the Boise Police Department, and the DEA led Tactical Diversion Squad which is comprised of law enforcement personnel from the DEA, Ada County Sheriff’s Office, Boise Police Department, Idaho State Police, Meridian Police Department, Nampa Police Department and U.S. Department of Health and Human Services Office of Inspector General.
Twin Falls Man Sentenced to 40 Months in Federal Prison for Firearm OffensesRead the Press Release
BOISE – Shem Kirk Hansen, 37, of Twin Falls, Idaho, was sentenced yesterday to 40 months in prison for unlawful possession of firearms and possession of a sawed-off shotgun, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Hansen to serve three years of supervised release, to pay a $500 fine, and to forfeit the firearms that he possessed. Hansen pleaded guilty on March 7, 2016.
According to the plea agreement, a state search warrant was served on Hansen’s trailer in Gooding County on September 28, 2015. Law enforcement seized five firearms from the trailer. On October 16, 2015, the defendant was arrested in a vehicle in Hailey, Idaho, and was found to be in possession of three shotguns, one of which was sawed-off. Hansen had previously been convicted of burglary and possession of a controlled substance and was therefore prohibited from possessing any firearms.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Gooding County Sheriff’s Department and the Blaine County Sheriff’s Department.
Owner of Burley Income Tax Preparation Business Sentenced for Preparing Falsified Income Tax Returns for ClientsRead the Press Release
BOISE – Cruz “Kelly” Chacon, 42, of Burley, Idaho, was sentenced yesterday to 18 months in federal prison, followed by one year of supervised release, for assisting, advising, and counseling clients to submit materially false federal income tax returns to the IRS, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Chacon to pay $81,384.00 in restitution. Chacon pleaded guilty on February 22, 2016.
According to the plea agreement, from 2008 through 2011, Chacon and some of her employees at Kelly’s Tax Service submitted over 2,500 federal falsified income tax returns. They did this primarily by claiming tax credits to which their clients were not entitled. Specifically, Chacon and her employees would prepare tax returns that claimed the “child tax credit” and the “additional child tax credit” for taxpayers who did not qualify for these credits. This had the effect of increasing clients’ tax refunds, which helped Chacon to generate business.
“Those who intentionally submit falsified income tax returns to the IRS victimize all taxpayers because we all share the costs of paying for the improper tax refunds,” U.S. Attorney Olson said. “We will continue to work closely with the IRS to root out this illegal activity, especially where a tax preparation business assists individuals in breaking the law.”
The case was investigated by the IRS Criminal Investigations division.
Boise Man Sentenced for Failing to Register as a Sex OffenderRead the Press Release
BOISE - Richard Martinez, Jr., 39, of Boise, Idaho, was sentenced today in United States District Court to 15 months in prison followed by 5 years of supervised release, for failing to register as a sex offender, U.S. Attorney Wendy J. Olson announced. Martinez pleaded guilty to the charges on March 7, 2016.
According to the plea agreement, Martinez was convicted in July 2011, of possession of child pornography by the Department of the Army. As a result of the conviction, Martinez was required to register and update his registration under the Sex Offender Registration and Notification Act (SORNA). Martinez was previously convicted of failing to register as a sex offender in Ada County, Idaho in 2015. After his release from custody in February 2015, Martinez registered as a sex offender with the State of Idaho, listing his residence as a hotel in Boise. Martinez confirmed this as his residence with the State of Idaho in April and June 2015. However, Martinez moved from the hotel in May 2015, and did not update his registration. Boise Police detectives arrested Martinez in Garden City, Idaho on July 8, 2015. Martinez subsequently admitted that he had moved approximately four to six weeks earlier and had not updated his registry as required.
The case was investigated by the United States Marshals Service (USMS), the Boise Police Department, and the Idaho Department of Correction, Bureau of Probation and Parole.
Richard Martinez, Jr. was prosecuted for a violation of the Sex Offender Registration and Notification Act (SORNA) passed by Congress in 2006. The Act requires sex offenders to register and keep their registration current in each jurisdiction where they reside. Violations of SORNA can be prosecuted in federal court.
Media Advisory: June 6, 2016, Criminal Justice Reform ConferenceRead the Press Release
BOISE – Registration for the June 6, 2016, Criminal Justice Reform conference at Concordia University School of Law is nearly full. Top criminal justice scholars, major Idaho practitioners and policy makers and Idaho judges will convene to address reforms targeting some of the most pressing problems in our criminal justice system. Many participants in the conference will be available for interviews, and some may be available upon request in advance of the conference. Speakers and presenters will be:
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Raul Labrador, Idaho’s First District Congressman, an attorney, and, in the U.S. House of Representatives, a co-author of the bipartisan Sentencing Reform Act of 2015.
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Jonathan Wroblewski, Acting Assistant Attorney General, Office of Legal Policy, U.S. Department of Justice and former U.S. Department of Justice representative to the United States Sentencing Commission.Mr. Wroblewski is an expert in federal sentencing guidelines, the processes used to amend them and the impact on the federal criminal justice system on recent changes to federal drug sentencing guidelines.
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B. Lynn Winmill, Chief U.S. District Court Judge for the District of Idaho since 1999.
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Candy W. Dale, U.S. Magistrate Judge, District of Idaho, co-founder and one of the presiding judges for Idaho’s federal re-entry court, START Court.
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Timothy Hansen, District Court Judge, Fourth Judicial District, Ada County, Idaho, presiding Judge over Ada County’s Veterans Court.
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Kevin Kempf, Director, Idaho Department of Correction.
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Gabriel “Jack” Chin, Martin Luther King, Jr., Professor of Law, University of California, Davis School of Law. Professor Chin is one of the nation’s most respected experts on criminal justice and race and the law. The U.S. Supreme Court has acknowledged his article on collateral consequences of criminal convictions as “the principal scholarly article on the subject.”
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E. Lea Johnston, Professor, University of Florida Levin College of Law, Assistant Director, Criminal Justice Center. Professor Johnston is one of the nation’s leading experts on mental health and criminal law. Her work examines, among other things, the theoretical underpinnings of mental health courts, and the proper sentencing standards for offenders with significant mental disorders.
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J.J. Prescott, Professor, University of Michigan Law School, co-director, Empirical Legal Studies Center.Professor Prescott and his partners are developing and implementing web-based case resolution technologies designed to allow judges and litigants to resolve issues and cases more accurately and conveniently.
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Alex Kreit, Associate Professor, Thomas Jefferson School of Law. Professor Kreit is a nationally recognized expert on controlled substances law, in particular the regulation and legalization of marijuana.
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Kari Hong, Assistant Professor, Boston College Law School. Professor Hong is an expert in immigration law, criminal law, and family law. Her scholarship analyzes how criminal convictions can lead to deportation and the intersection between family law and immigration law.
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Andrew Chongseh Kim, Assistant Professor, Concordia University School of Law. Professor Kim studies federal sentencing patterns revealing, inter alia, significant disparities in sentences defendants receive based on race, gender, and whether the defendant pleads guilty.
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Samuel R. Rubin, Executive Director, Federal Defender Services of Idaho.
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Wendy J. Olson, U.S. Attorney, District of Idaho.
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Jeffrey Thomason, Chief U.S. Probation Officer, District of Idaho.
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Tom Hiller, Perkins Coie law firm, Seattle, and former Federal Defender, Western District of Washington.
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Maria E. Andrade, Andrade Legal, Boise attorney specializing in immigration law.
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Amy Baron-Evans, Federal Public and Community Defenders.
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Melissa Winberg, Federal Defender Services of Idaho.
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Scott Bandy, Ada County deputy prosecuting attorney.
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Alan Trimming, Ada County public defender’s office.
Media members wishing to interview speakers should contact Becky Early at the U.S. Attorney’s Office at the contact information above. Some media availability will depend on individual speaker schedule.
The conference sessions will address sentencing reform, collateral consequences of criminal convictions and alternative courts. Attendees at the conference will be members of the legal and law enforcement communities, as well as policy makers and students.
The Conference on Criminal Justice Reform is hosted by Concordia University School of Law, the U.S. Attorney’s Office for the District of Idaho, and the Federal Defender Services of Idaho. The Conference is sponsored by Bublitz Law, P.C., the Idaho Association of Criminal Defense Lawyers, and Concordia University School of Law. For additional information, contact Anne Comstock, Concordia University School of Law, 208-639-5402.
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Fort Hall Woman Pleads Guilty to Assault on an OfficerRead the Press Release
POCATELLO – Somber March, 30, of Fort Hall, Idaho, pleaded guilty today in United States District Court to assault on an officer, U.S. Attorney Wendy J. Olson announced. March was indicted by the federal grand jury in Pocatello on November 25, 2014.
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 charge of assault on an officer is punishable by up to eight years in prison, up to three years of supervised release, and a fine of up to $250,000.
March is scheduled to be sentenced on August 2, 2016, before Senior U.S. District Judge Edward J. Lodge at the federal courthouse in Pocatello.
The case was investigated by the Fort Hall Police Department and the Federal Bureau of Investigation.
Parma Farmer Convicted of Conspiracy to Bait Ducks and Placing Bait for DucksRead the Press Release
BOISE – Gregory Obendorf, 60, of Parma, Idaho, was found guilty yesterday by a federal jury sitting in Boise of 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 indicted on November 10, 2015.
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 allowing others to hunt over the bait 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, the defendant instructed his combine operators to partially combine his corn field to intentionally discharge corn kernels onto the field. Agents from the U.S. Fish and Wildlife Service flew over the defendant’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 entered Obendorf’s corn field 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 had been invited by Obendorf 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.
“We take our mission to support the Fish and Wildlife Service very seriously, especially when violations involve the unlawful baiting of thousands of migratory birds over a prolonged period of time,” said Olson. “Duck hunting is a time honored tradition for hunters in Idaho, and the defendant has undermined the proud tradition of fair chase for all hunters.”
“Migratory birds are a trust responsibility of the U.S. Fish and Wildlife Service,” said U.S. Fish and Wildlife Service Deputy Chief Edward Grace. “Because of this fiduciary responsibility, we will remain vigilant in investigating individuals who illegally bait migratory birds to give hunters an unfair advantage.” Grace stated that the U.S. Fish and Wildlife Service is thankful to the U.S. Attorney’s Office and the citizens of Idaho who served on the jury for upholding the laws designed to protect migratory birds.
The charges of conspiracy to bait migratory birds and placing bait for migratory game birds are each punishable by not more than one year in prison, a maximum fine of $100,000, and not more than one year of supervised release or up to five years of probation. Obendorf’s sentencing is scheduled for August 2, 2016.
The case was investigated by the U.S. Fish and Wildlife Service and the Idaho Department of Fish and Game.
Department of Justice Files Amicus Brief in Idaho Right to Counsel CaseRead the Press Release
The Department of Justice filed an amicus curiae brief late yesterday in the Supreme Court of Idaho in Tracy Tucker et al. v. State of Idaho, et al. The brief articulates the United States’ position that criminal defendants who cannot afford an attorney may bring a prospective civil lawsuit to prevent violations of their constitutional right to counsel under the Sixth Amendment rather than waiting to bring claims following a conviction that resulted from inadequate representation.
The department’s brief focuses on the importance of such prospective civil claims to uphold the right to counsel and to ensure that states comply with the Supreme Court’s ruling in Gideon v. Wainwright, which held that all persons are entitled to a lawyer even if they are too poor to pay for one.
“This country is dedicated to the idea that every single person is entitled to equal justice under the law, regardless of wealth or prominence,” said Attorney General Loretta E. Lynch. “The right to adequate counsel is an essential safeguard of our commitment to equal justice – and it is the responsibility of the states to protect that right, to uphold that principle, and to ensure that every defendant has access to competent counsel.”
“Our country and our Constitution guarantee all people – regardless of their money or their means – equal access to justice,” said Deputy Assistant Attorney General Gregory Friel of the Civil Rights Division. “Even today in the 21st century, too many poor defendants find that, in reality, the promise of Gideon seems distant and out of reach as they try to navigate our legal system and secure their rights.”
“Indigent defendants must have the ability to bring prospective civil claims for the constructive denial of counsel,” said Director Lisa Foster of the Office for Access to Justice. “Foreclosing this type of claim would prevent courts from effectively remedying systemic violations of Gideon.”
“The criminal justice system works well only when indigent defendants are adequately represented,” said U.S. Attorney Wendy Olson of the District of Idaho. “The Constitution guarantees this right. The purpose of this brief is to ensure that indigent defendants in Idaho have a meaningful legal tool to effectuate that constitutional right when the provision of public defense is failing on a system-wide level.”
In Tucker, plaintiffs allege that their Sixth Amendment right to counsel has been violated by the state’s failure to provide adequate resources to support effective defense services for poor defendants. According to plaintiffs, due to insufficient oversight, training and funding, public defenders across the state are unable to engage in many of the basic functions of representation, including meeting with clients in a meaningful way prior to critical stages of their legal proceedings, conducting a significant investigation into their cases, filing substantive motions, retaining experts to challenge the prosecution’s allegations or devoting the time necessary to prepare for hearings and trials. The plaintiffs claim that the conditions are systemic and widespread such that defendants in Idaho who cannot afford an attorney are constructively denied their right to counsel.
In its amicus brief, the department clarifies the distinction between filing a civil suit prior to conviction based on a state-wide constructive denial of counsel under Gideon, and a civil suit filed after conviction based on ineffective counsel in a particular instance under Strickland v. Washington. The amicus brief explains that the plaintiffs’ complaint “is not with their individual lawyers’ competence” but with the state’s systemic failure to provide legal representation to defendants who cannot afford it, a fundamental right recognized by the court in Gideon. The department’s brief also notes that there is no legal barrier to bringing such a civil suit prior to conviction, and moreover, that seeking prospective injunctive relief is the only way a court can identify and remedy system-wide noncompliance with Gideon.
The trial court ruled that plaintiffs could not bring a prospective civil claim for constructive denial of counsel. The Idaho Supreme Court will now consider whether plaintiffs’ claim can proceed.
This brief represents the department’s second filing to address the right to counsel in a state’s highest court. In September 2015, the department filed a similar brief in the Supreme Court of Pennsylvania in Adam Kuren, et al. v. Luzerne County et al. The Pennsylvania Supreme Court has not yet ruled in that case.
Tucker v. Idaho Amicus Brief
Caldwell Man Sentenced to 87 Months in Prison for Methamphetamine DistributionRead the Press Release
BOISE - Cody Nigel Seitz, 28, of Caldwell, Idaho, was sentenced yesterday in United States District Court to 87 months in prison for conspiracy to distribute methamphetamine, U.S. Attorney Wendy J. Olson announced. Senior U.S. District Judge Edward J. Lodge also ordered Seitz to serve four years of supervised release and to forfeit $7,600 in drug proceeds. Seitz pleaded guilty on January 5, 2016.
According to evidence presented in court, Seitz, who was living in Caldwell, Idaho, conspired to distribute methamphetamine in the state of Idaho between April 16, 2015, and August 28, 2015. The defendant and his co-conspirators arranged for five separate deliveries of methamphetamine before they were apprehended.
Co-defendant, Michael Andres Menica, 47, of Caldwell, Idaho, was sentenced on March 22, 2016, to 77 months in prison for his role in the conspiracy. Judge Lodge also ordered Menica to serve four years of supervised release and to forfeit $7,600 in drug proceeds. Menica pleaded guilty on December 10, 2015.
The case was investigated by the Drug Enforcement Administration, Ada County Sheriff’s Office, and City County Narcotics Unit in Canyon County, Idaho.
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.
Federal Jury Convicts Boise Doctor Charged with Controlled Substance DeliveryRead the Press Release
BOISE – A Boise jury today returned guilty verdicts against Michael Minas, 50, of Boise, Idaho, on charges that he unlawfully distributed controlled substances outside the usual course of professional practice and not for a legitimate medical purpose, U.S. Attorney Wendy J. Olson announced. Senior U.S. District Judge Edward J. Lodge set Minas’s sentencing for July 26, 2016, at the federal courthouse in Boise. The jury deliberated five days before reaching its verdict.
“Today’s verdict sends the clear message that where medical professionals behave more like drug dealers than doctors, they will be investigated and prosecuted, just like drug dealers,” said Olson. “The evidence in this case proved that Michael Minas prescribed highly addictive controlled substances, including oxycodone 30 mg and fentanyl, without obtaining proper medical histories, without performing proper physical examinations, and without proper, if any, medical documentation. His patients often became even more addicted to these powerful substances, and he repeatedly allowed early refills for those on extraordinarily high dosages.”
A federal grand jury initially indicted Minas in June 2014 charging him with 17 counts of distributing a controlled substance. The grand jury returned a superseding indictment in November 2014, charging Minas with 112 counts of distributing a controlled substance. The charges involved 12 patients, three of whom were undercover law enforcement officers. Later, in April 2015, the grand jury returned a second superseding indictment charging Minas with 146 counts of distributing a controlled substance. During the jury trial, after the government’s case in chief, the government dismissed seven of those counts. The jury returned a verdict of 80 counts guilty and 59 counts not guilty.
Evidence at trial showed that Minas knowingly and intentionally prescribed controlled substances outside the usual course of professional practice and not for a legitimate medical purpose. The controlled substance Minas illegally distributed was primarily oxycodone 30 mg, but the jury also found Minas guilty of distributing fentanyl and hydromorphone. The jury heard evidence that Minas wrote prescriptions for extraordinary dosages, such as 240, 300, and even 420 oxycodone 30 mg. It also heard evidence that he often wrote prescriptions at intervals of two or three weeks, but wrote dosage instructions on the prescriptions indicating that it was a month’s supply. The jury also heard evidence that Minas wrote prescriptions for drugs that present a risk of negative interaction with oxycodone, such as benzodiazepines, sedatives, and muscle relaxers. Minas generally charged $100 cash for an appointment. Several former employees testified that the Minas’s practice transitioned over time from a standard family practice to one catering to patients claiming chronic pain and seeking opioid narcotics. Many of the Minas’s patients testified that the prescriptions issued by the defendant fed the patients’ addiction and resulted in substantial negative effects on their lives.
Minas operated the River Medical Family Practice in Eagle until his arrest in June of 2014. He had been released pending trial. During that time, Minas has been prohibited from writing prescriptions and from engaging in the practice of medicine except for the limited purpose of transferring patient records so that patients may see other providers. He also was required to relinquish any prescription pads in his possession.
Minas faces a maximum prison sentence of up to twenty years in prison, a maximum fine of $1,000,000.00 and at least three years of supervised release on each count of conviction.
The case was investigated by the Drug Enforcement Administration (DEA) led Tactical Diversion Squad which is comprised of law enforcement personnel from the DEA, Ada County Sheriff’s Office, Boise Police Department, Idaho State Police, Meridian Police Department, Nampa Police Department and U.S. Department of Health and Human Services Office of Inspector General.
Georgia Man Pleads Guilty to Failure to Appear for SentencingRead the Press Release
BOISE - Terrance Barimah, 28, of Lawrenceville, Georgia, pleaded guilty today to failure to appear for sentencing, U.S. Attorney Wendy J. Olson announced. The defendant 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. At the change of plea hearing, the defendant was informed that the sentencing was scheduled for July 8, 2015. On July 8, 2015, the defendant failed to appear for sentencing and the Court issued a warrant for the defendant’s arrest. On February 5, 2016, law enforcement authorities in Atlanta, Georgia, arrested the defendant on the warrant. The defendant admitted that his failure to appear for sentencing was willful.
The charge of failure to appear is punishable by up to 10 years in prison to be served consecutively to the sentence of imprisonment for any other offense, a maximum fine of $250,000, and up to three years of supervised release.
Sentencing for both of the defendant’s cases is set for July 20, 2016, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise.
The case was investigated by the United States Secret Service with assistance from the United States Marshals Service.
Eagle Woman Pleads Guilty to Obtaining Controlled Substances by Fraud and Identity TheftRead the Press Release
BOISE - Susan Roberts, 57, of Eagle Idaho, pleaded guilty today in United States District Court to obtaining controlled substances by fraud and identity theft by unauthorized use of a means of identification, U.S. Attorney Wendy J. Olson announced.
According to the filed plea agreement, Roberts worked with 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 charge of obtaining controlled substances by fraud is punishable by up to four years in prison, three years of supervised release, and a $250,000.00 fine. Identity theft by unauthorized use of a means of identification is punishable by up to five years prison, three years of supervised release, and a $250,000 fine. Prison can be up to 15 years if the offense obtained anything of value aggregating $1,000 or more during any one year period.
Sentencing is scheduled for July 27, 2016, before Senior U.S. District Judge Edward J. Lodge.
The case was investigated by the DEA Office of Diversion Control, assisted by the Tactical Diversion Squad.
Boise Man Sentenced to Prison for Gun CrimeRead the Press Release
BOISE – Jesse Starkey, 35, of Boise, Idaho, was sentenced today in United States District Court to 30 months in prison for unlawfully possessing a firearm, U.S. Attorney Wendy J. Olson announced. Senior U.S. District Judge Edward J. Lodge also ordered that Starkey’s 30 month sentence is to run concurrent to a state sentence that he is currently serving. After his period of imprisonment, Starkey will have to serve three years of supervised release and have no contact with gang members. Starkey entered a guilty plea in February 2016.
According to court documents, law enforcement stopped a vehicle Starkey was driving. During the stop, officers discovered Starkey was on parole for aggravated assault. Starkey and a passenger in the vehicle were asked to step out and speak with officers. Officers noticed two knives inside the vehicle. Starkey’s person was searched and officers found a hatchet, brass knuckles and a homemade weapon called a blackjack. Starkey’s vehicle was subsequently searched and officers found three additional hatchets, a CO2 pistol resembling a semi-automatic pistol, two folding knives, a shotgun with a barrel that was less than eighteen inches and a rifle in the trunk. Starkey was prohibited from possessing firearms because he was previously convicted of the felony crime of aggravated assault.
This case was a result of a joint investigation by the Treasure Valley Metro Violent Crime Task Force and Meridian police department. 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.
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.
Foreign Lottery Scams Continue to Target Idaho ResidentsRead the Press Release
BOISE – The United States Attorney’s Office and US Postal Inspectors have seen a recent uptick of sweepstakes fraud victims in Southeastern Idaho, to include the Pocatello, Montpelier and Preston areas. Inspectors’ last trip through the area to speak to victims discovered losses of over $70,000 due to foreign lottery scams.
Who Are Postal Inspectors?
The US Postal Inspection Service (USPIS) is the law enforcement, crime prevention and security arm of the US Postal Service (USPS), and is responsible for enforcing more than 200 federal laws in investigations of crimes that may adversely affect or fraudulently use the US Mail, the postal system or postal employees. Postal Inspectors are federal law enforcement agents who conduct investigations of postal-related crime, such as mail fraud and theft, violent crimes against postal employees, revenue fraud, dangerous mail, illegal drugs in the mail, and child exploitation conducted via the mail.
Foreign Lotteries Are Illegal!
Federal law (18 USC 1302) prohibits mailing any ticket, share or chance in a foreign lottery. If you respond to a solicitation, your name will be forwarded to a mailing list used by scammers. You will continue to receive solicitations.
What is a Foreign Lottery Scam and How Does it Typically Work?
Typically, this is how the sweepstakes scheme begins: You receive an offer by mail to enter a sweepstakes, claiming you could win a car, computer, a vacation or lots of money. You fill out the questionnaire and include your contact information, and mail it back to the address provided. Soon thereafter, you receive a phone call, email or mail stating you’ve won a cash sweepstakes/lottery and perhaps even a car.
However, in order to claim the prize, you need to send payment for taxes, processing, legal or customs fees. The payment is usually requested to be mailed to another US address, Jamaica/foreign country or wired to another person in the US or to another country.
The fraudsters gain victims’ trust through frequent phone conversations. Many victims tend to be older Americans, who are generally polite and trusting. Some are lonely, and enjoy the personal contact with someone they believe to be a “friend.” They have a hard time believing they’ve fallen for a scam, but these crooks are relentless and demanding. They may even threaten, coerce and use psychological intimidation to make victims give up their money.
How Can You Recognize an Illegal Foreign Lottery?
● Scammers mail letters to confirm victims’ winnings. Victims may be solicited via the mail.
● Victims are solicited by phone through heavy-handed marketing tactics and incessant calls.
● Victims are asked to pay fees, duties or taxes before they can collect their winnings.
● Once a victim responds to a solicitation, the scammer continues to contact them, asking for additional payments and promising even greater winnings.
● Scammers from other countries, such as Jamaica, Nigeria, Holland, Canada and the Philippines, target US victims.
● Scammers from overseas use Voice over Internet Protocol (VoIP) devices allowing them to disguise their international number and make it appear as if it were a domestic call coming from a US area code.
● Victims are typically asked to mail cash or wire money via Western Union or MoneyGram overseas.
● Recipients of cash payments are either co-conspirators, foreign nationals residing in the US or other victims who have become unknowing participants.
Improve Your Odds
Older Americans are often targeted by scammers. Speak with your older loved ones about the consequences of foreign lottery scams. A few protective- measures taken with their consent, and a simple conversation about avoiding scams could be the key to preserving their financial well-being.
● Confirm frequent unknown domestic or international calls
● Monitor all accounts for unusual activity
● Identify unknown and recurring payments
● Discuss repeated wire-transfer patterns of checks made out to cash
● Take notice of stacks of sweepstakes offers or prize notification letters around the home
● Talk about changes in living conditions-living beneath one’s means, past-due bills, etc.
● Do not answer the phone. It may be best to change your phone number.
You can report fraud online at postalinspectors.uspis.gov or get a copy of Form 8165, Mail Fraud Report, at your local Post Office. You can also file a complaint by calling 877-876-2455 (option 4).
Defendant Sentenced to 30 months in Prison for CounterfeitingRead the Press Release
BOISE - Joseph Bylow, 32, of Eagle, Idaho, was sentenced today in United States District Court to 30 months in prison for counterfeiting, U.S. Attorney Wendy J. Olson announced. Senior U.S. District Judge Edward J. Lodge also ordered Bylow to pay restitution in the amount of $644. Bylow pleaded guilty on November 12, 2016.
According to the plea agreement, Bylow admitted that in July and August 2015, he and a co-defendant manufactured and passed counterfeit Federal Reserve Notes to various businesses in Eagle, Boise, and Emmett, Idaho. Initially, Bylow and his co-defendant manufactured counterfeit one dollar notes by printing images of these notes on cotton paper stock. When officers of the Ada County Sheriff’s Office contacted Bylow and his co-defendant at their home, both admitted counterfeiting one dollar notes and passing them at various businesses. Officers seized items including an Epson printer, cotton business paper, a paper cutter, and sheets of paper with one-dollar notes printed on them. Shortly thereafter, Bylow and his co-defendant began manufacturing counterfeit ten and fifty dollar notes by washing or bleaching one and five dollar notes and using them as blanks to print ten and fifty dollar notes. When a search warrant was executed on Bylow and his co-defendant’s residence, they were in possession of acetone, peroxide liquid bleach, copy paper, transparent tape, carpet cleaner, and a spray bottle—items used by Bylow and his co-defendant for manufacturing counterfeit notes. Approximately $500 of counterfeit $5, $10, and $50 bills in various stages of production were recovered during the execution of the search warrant. Approximately $644 of counterfeit notes in denominations of one, ten, and fifty dollars were recovered as passed by Bylow and his co-defendant.
The case was investigated by the United States Secret Service, the Ada County Sheriff’s Office, and the Boise Police Department.
Payette Man Pleads Guilty to Conspiracy to Distribute MethamphetamineRead the Press Release
BOISE - John Vernon McLeod, 36, of Payette, Idaho, pleaded guilty yesterday in United States District Court to conspiracy to distribute methamphetamine, U.S. Attorney Wendy J. Olson announced. McLeod was indicted on September 9, 2015.
According to the plea agreement, McLeod and codefendant Ross Eugene Miller conspired to distribute methamphetamine in the state of Idaho between May 28, 2015, and June 18, 2015. The defendant and his codefendant arranged for two separate deliveries of methamphetamine in the Payette and Fruitland, Idaho, area. 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 five years or more than forty years, a term of supervised release of at least four years, and a maximum fine of $5,000,000.
McLeod is scheduled to be sentenced on July 19, 2016, before Chief U.S. District Judge B. Lynn Winmill.
Codefendant, Ross Eugene Miller, 30, of Fruitland, Idaho, was sentenced on March 7, 2016, to 36 months in prison for his role in the conspiracy. Judge Winmill also ordered Miller to three years of supervised release and to forfeit $1,600 in drug proceeds. Miller pleaded guilty on December 18, 2015.
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.
Criminal Justice Reform Conference Set for June 6 in Boise at Concordia University School of LawRead the Press Release
BOISE – Criminal justice scholars, practitioners and policy makers will convene to address reforms targeting some of the most pressing problems in our criminal justice system on Monday, June 6, 2016, at Concordia University School of Law in Boise. The one-day conference features Idaho Congressman Raul Labrador, U.S. Department of Justice Office of Legal Policy leader Jonathan Wroblewski, criminal defense attorneys, prosecutors and judges, as well as significant legal scholars.
“Concordia University School of Law is honored to host the conference, which includes legal scholars who focus on criminal justice issues, including Professor Andrew Kim of Concordia Law,” said Cathy Silak, Dean of the Concordia University School of Law. “The Conference will promote dialogue among policy-makers and practitioners to improve the criminal justice system.”
The conference sessions will address sentencing reform, collateral consequences of criminal convictions and alternative courts.
“Increasingly, laws and policies are being enacted to restrict persons with a felony conviction (particularly convictions for drug offenses) from, among other things, employment, receipt of welfare benefits, access to public housing, and eligibility for student loans for higher education,” said S. Richard Rubin, Executive Director, Federal Defender Services of Idaho.
“Such collateral penalties place substantial barriers to an individual's social and economic advancement. In reality the conviction becomes a life sentence for the individual and his or her family.”
The conference is open to all members of the legal and law enforcement communities. Additional conference presenters are: Chief United States District Court Judge B. Lynn Winmill, United States Magistrate Judge Candy W. Dale, Idaho State Fourth District Court Judge Timothy Hansen, Wendy J. Olson, U.S. Attorney for the District of Idaho, S. Richard Rubin, Executive Director, Federal Defender Services of Idaho, Denise C. Barrett, National Sentencing Resource Council, Federal Public and Community Defenders, Tom Hillier, former Federal Defender for the Western District of Washington, Jeffrey Thomason, Chief U.S. Probation Officer, District of Idaho, Scott Bandy, Ada County Deputy Prosecuting Attorney, Alan Trimming, Ada County Public Defender’s Office, Melissa Winberg, Federal Defender Services of Idaho, Andrew Chongseh Kim, assistant professor of law, Concordia University School of Law, Gabriel “Jack” Chin, professor, University of California, Davis, School of Law, J.J. Prescott, professor, University of Michigan Law School, and Kari Hong, Assistant Professor, Boston College Law School.
“Those who have devoted their professional careers to the criminal justice system well know that we cannot just prosecute, convict and incarcerate our way to safer, healthier communities,” said Wendy J. Olson, U.S. Attorney for the District of Idaho. “At the federal level, Bureau of Prison costs have skyrocketed since 1980. We must be smart about who we incarcerate and for how long. We must work with all of our community partners to help offenders who have paid their debt to society re-enter our communities to become successful and productive residents. This conference will help Idaho criminal justice system participants identify challenges and explore how best to meet all of these goals.”
The Conference on Criminal Justice Reform is hosted by Concordia University School of Law, the U.S. Attorney’s Office for the District of Idaho, and the Federal Defender Services of Idaho. For additional information, contact Anne Comstock, Concordia University School of Law, 208-639-5402.
Guilty Plea in Norteno InvestigationRead the Press Release
BOISE – Veronica Cantu, 27, of Nampa, Idaho, pleaded guilty today in United States District Court to distributing methamphetamine, U.S. Attorney Wendy J. Olson announced. 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.
According to the plea agreement, the co-defendant, Tara Rivera, unwittingly 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.
The charge of distributing methamphetamine is punishable by up to twenty years of imprisonment, a maximum fine of $1 million, and a minimum term of three years supervised release.
Cantu is scheduled to be sentenced on July 20, 2016, by Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise.
Cantu was charged as a 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. So far, twelve defendants have been sentenced. Guadalupe Serrano, 35, of Caldwell, was sentenced on April 21, 2015, to 75 months in prison for possession of methamphetamine with intent to distribute and for possessing firearms in furtherance of the drug trafficking crime. Nicole Danelle Nieto, 31, of Nampa, was sentenced on May 26, 2015, to 41 months in prison for distributing methamphetamine. Jose Manuel Menchaca, 35, of Nampa, was sentenced May 28, 2015, to 60 months in prison for distributing methamphetamine. On June 17, 2015, Brandi Larrea, 31, of Nampa, was sentenced to 48 months in prison for distributing methamphetamine and Tara Noelle Rivera, 30, of Nampa, was sentenced to 24 months in prison for distributing methamphetamine. Johnny Lee Martinez, 33, of Nampa, was sentenced on July 20, 2015, to 57 months in prison for distributing methamphetamine. Michael David Bradshaw, 31, of Nampa, was sentenced on August 6, 2015, to 66 months in prison for distributing methamphetamine. Kenny P. Breedlove, 35, of Porterville, California, was sentenced on October 22, 2015, to 110 months for possession of methamphetamine with the intent to distribute. Guillermo Farias Jr., 29, of Nampa, was sentenced on October 26, 2015, to time served and three years of supervised release for his role in assisting with methamphetamine distribution. Richard Lobato, 51, of Nampa, was sentenced on December 3, 2015, to 60 months in prison for distributing methamphetamine. Jose Enrique Olvera Jr., 51, of Nampa, was sentenced on January 20, 2016, to 84 months in prison for possession of methamphetamine with the intent to distribute and unlawful possession of firearms. Isaac Bright, 21, of Caldwell, was on February 3, 2016, to 27 months in prison for unlawful possession of a firearm. The last remaining defendant, Ruben Rodriguez, 36, of Nampa, has a warrant outstanding for his arrest.
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.
California Leader of Large-Scale Methamphetamine Trafficking Organization Sentenced to 188 months in Federal PrisonRead the Press Release
BOISE – Francisco Sandoval, 60, of Placentia, California, was sentenced on April 22, 2016, to 188 months in prison for his leadership role in a large-scale methamphetamine trafficking organization, U.S. Attorney Wendy J. Olson announced. Chief United States District Judge B. Lynn Winmill also ordered Sandoval to serve five years of supervised release following his release from prison, and to forfeit $100,000 in drug proceeds. Sandoval pleaded guilty on December 17, 2015.
According to the plea agreement, the defendant conspired with others to distribute methamphetamine from California to Idaho beginning in August 2014. Sandoval was found to be the organizer and leader of the conspiracy. In January 2015, Sandoval made arrangements to send eight pounds of high grade methamphetamine to Idaho. Sandoval sent his then nineteen-year old son, Jorge Sandoval, to Idaho to ensure payment was received and returned to him. Jorge Sandoval and three co-defendants were arrested in Meridian, Idaho, with the shipment of methamphetamine, which was seized by law enforcement.
“Sandoval’s sentence demonstrates that those who supply large quantities of methamphetamine, a highly addictive and dangerous drug, into our communities will be vigorously prosecuted,” said Olson. “We hope this sentence will deter others who choose to profit from peddling this poison in our community. This office will work together with its federal, state and local law enforcement partners to bring drug traffickers to justice.”
This case was investigated by the Drug Enforcement Administration, the Ada County Sheriff’s Office, the Boise Police Department, the Meridian Police Department and the Nampa Police Department, 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.
Grandview Man Sentenced to 27 Months in Prison for Methamphetamine DistributionRead the Press Release
BOISE - Jose Antonio Diaz-Juarez, 45, of Grandview, Idaho, was sentenced yesterday in United States District Court to 27 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 Diaz-Juarez to forfeit $8,200 in drug proceeds. He will be deported to Mexico at the end of his prison term. Diaz-Juarez pleaded guilty on January 14, 2016.
According to his plea agreement, Diaz-Juarez, who was living in Grandview Idaho, conspired to distribute methamphetamine in the state of Idaho between July 24, 2015, and September 8, 2015. The defendant and his co-conspirators arranged for three separate deliveries of methamphetamine to the Boise area. An investigating officer discovered the conspiracy and was able to intervene.
Codefendant, Daniel Valdenegro-Zafiro, 24, of Elko, Nevada, was sentenced on April 19, 2016, to 52 months in prison for conspiracy to distribute methamphetamine. Judge Winmill also ordered Valdenegro-Zafiro to forfeit $8,200 in drug proceeds. He will be deported to Mexico at the end of his prison term. Valdenegro-Zafiro pleaded guilty on January 20, 2016.
Codefendant, Diego Alejandro Alcantar-Armenta, 29, of Elko, Nevada, was sentenced on March 21, 2016, to 42 months in prison for conspiracy to distribute methamphetamine. Judge Winmill also ordered Alcantar-Armenta to forfeit $8,200 in drug proceeds. He will be deported to Mexico at the end of his prison term. Alcantar-Armenta pleaded guilty on January 11, 2016.
The case was investigated by the Drug Enforcement Administration, Ada County Sheriff’s Office, Elmore County Sheriff’s Office, Owyhee County Sheriff’s Office, and the Elko Combined Narcotic Unit of Elko, Nevada.
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.
Convicted Felon Sentenced to 86 Months for Firearm PossessionRead the Press Release
BOISE – Alex Jones Bailey, 26, of Caldwell, Idaho, was sentenced today to 86 months in prison for unlawful possession of a firearm, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Bailey to serve three years of supervised release following his release from prison, and forfeiture of the gun he illegally possessed. Bailey pleaded guilty on June 12, 2016.
According to information presented in court, on March 24, 2015, Bailey was observed by an officer acting suspiciously in a parking lot. The officer confirmed that Bailey had an outstanding arrest warrant, had recently been involved in several pursuits with law enforcement, and had safety alerts indicating he could be armed. Additional officers arrived on scene and attempted to contact Bailey. Bailey ran from officers dropping his backpack and a loaded firearm in the process. He continued to run across the interstate from officers and ultimately caused a vehicle crash. Bailey was arrested by officers and searched, where officers found more than $300, and what appeared to be a drug ledger. Officers searched Bailey’s backpack and found a safe that contained methamphetamine, a digital scale, and a red bandana. Bailey is known to be a Northside gang member.
The case was investigated by the Treasure Valley Metro Violent Crimes Task Force, ATF, and the Nampa Police Department. 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.
Nampa Man Sentenced for Possession of Meth for Distribution and Unlawful Possession of a FirearmRead the Press Release
BOISE – Indalecio Cuevas-Figueroa, 34, of Nampa, Idaho, was sentenced today in United States District Court to 78 months in prison for possession of methamphetamine with the intent to distribute and unlawful possession of a firearm by a person unlawfully in the United States, U.S. Attorney Wendy J. Olson announced. Senior U.S. District Judge Edward J. Lodge also ordered Cuevas-Figueroa to serve five years of supervised release following his release from prison. Cuevas-Figeroa pleaded guilty to the charges on January 5, 2016.
According to court documents, in 2013 and 2014, Nampa Police detectives made several “controlled buys” of methamphetamine from Cuevas-Figeroa. During one of the controlled buys, Cuevas-Figeroa also sold a Browning 9mm semi-automatic pistol. Cuevas-Figeroa is prohibited from possessing a firearm because he was a Mexican national residing unlawfully in the United States. On October 15, 2014, Cuevas-Figeroa sold approximately 108.3 grams methamphetamine. Resulting lab tests showed that this was 96.8% pure. The total amount of actual methamphetamine attributable to Cuevas-Figeroa is approximately 131 grams.
The case was investigated by the City County Narcotics Unit and the Drug Enforcement Administration.
California Man Sentenced for Conspiracy to Commit Bank Fraud and Aggravated Identity TheftRead the Press Release
BOISE - Cristopher Sheldon Miller, 41, of San Leandro, California, was sentenced today in United States District Court to 36 months in prison followed by five years of supervised release for conspiracy to commit bank fraud and aggravated identify theft, U.S. Attorney Wendy J. Olson announced. Senior U.S. District Judge Edward J. Lodge also ordered Miller to pay $70,590.96 in restitution. Miller pleaded guilty to the charges on January 27, 2016.
According to court proceedings, between June 25 and 29, 2015, the defendant and his co-conspirators made and attempted to make a number of fraudulent withdrawals at various banks in Ada County and Canyon County. The defendant would go into a bank, impersonate a real account holder, and present a fake California driver’s license and other personal information of the real account holder to obtain a temporary debit card. Miller attempted to make and made withdrawals at the banks. The defendant and his co-conspirators also made fraudulent purchases at various stores, using the customer account information. The defendant and his co-conspirators made at least $34,958.95 in fraudulent withdrawals and purchases in Idaho. In addition, the defendant and his co-conspirators made an additional $35,632.01 in fraudulent withdrawals and purchases in Colorado in June 2015.
The case was investigated by Federal Bureau of Investigation and the Boise Police Department.
Boston Mafia Associate Sentenced for Idaho Gun ChargeRead the Press Release
BOISE – Enrico M. Ponzo, a/k/a Jay Shaw, a longtime fugitive from Boston, Massachusetts, who posed as a rancher while living on the run in Marsing, Idaho, was sentenced today to 46 months in prison followed by three years of supervised release for unlawful possession of firearms, U.S. Attorney Wendy J. Olson announced. Senior U.S. District Judge Edward J. Lodge also ordered that 23 months of Ponzo’s sentence is to be served consecutively to the 28 year prison sentence in the District of Massachusetts. Ponzo pleaded guilty on January 25, 2016.
According to the plea agreement and court proceedings, Ponzo admitted that on February 8, 2011, he knowingly possessed 33 firearms after having been convicted of felony assault and battery on a public employee. Ponzo was also found to be in possession of 34,000 rounds of ammunition. The government argued that a consecutive sentence was warranted, in part, because of the 90 disciplinary reports filed by the Ada County Jail, which included five incidents of involving the use of force. Judge Lodge also found that Ponzo obstructed justice in attempting to influence a witness in the case.
Ponzo was arrested by the FBI and the U.S. Marshals in Marsing, Idaho, in February 2011, 16 years after he fled Boston. After his arrest in Idaho, he was returned to Boston to face numerous charges. In November 2013, following a seven week jury trial, Ponzo was found guilty of racketeering conspiracy, the 1989 attempted murder of Francis P. Salemme, Sr., and the 1994 attempted murder of Joseph Cirame, both of whom were shot and seriously injured. The jury also found Ponzo guilty of murder conspiracy in aid of racketeering, firearm possession in relation to murder conspiracy, conspiracy to distribute more than 500 grams of cocaine, conspiracy to distribute more than 1,000 kilograms of marijuana, conspiracy to use extortionate means to collect a debt, use of extortionate means to collect a debt, unlawful flight to avoid prosecution, money laundering conspiracy, money laundering, and attempted witness tampering. U.S. District Court Judge Nathaniel M. Gorton sentenced Ponzo to 28 years in prison to be followed by three years of supervised release.
The District of Idaho case was investigated by the Treasure Valley Metro Violent Crime Task. The Treasure Valley Metro Violent Crime Task Force is comprised of federal, state and local agencies, including the Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; Boise Police Department; Ada County Sheriff’s Office; Caldwell Police Department; Nampa Police Department; Meridian Police Department; Canyon County Sheriff’s Office; and Idaho Department of Probation and Parole. The Treasure Valley Metro Violent Crime Task Force assisted the United States Marshals Service Greater Idaho Fugitive Task Force in apprehending Ponzo.
Fort Hall Woman Pleads Guilty to Assault on an OfficerRead the Press Release
POCATELLO – Demetres Ish, 23, of Fort Hall, Idaho, pleaded guilty today in United States District Court to assault on an officer, U.S. Attorney Wendy J. Olson announced. Ish was indicted by the federal grand jury in Pocatello on October 27, 2015.
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, Demetres 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 charge of assault on an officer is punishable by up to eight years in prison, up to three years of supervised release, and a fine of up to $250,000.
Ish is scheduled to be sentenced on June 23, 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.
Fort Hall Woman Pleads Guilty to AssaultRead the Press Release
POCATELLO – Tanisha Phelps, 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. Phelps was indicted by the federal grand jury in Pocatello on January 27, 2015.
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 the defendant had cut the victim, a 72 year old female in a wheelchair, on her forearm with a knife. The victim told police that the defendant was mad because her music had been turned off. The victim told the defendant to go outside and “cool off.” The defendant punched the victim in the forehead with her fist and the defendant grabbed two kitchen knives. The defendant then cut the victim’s forearm with the knife and caused it to bleed. The defendant was interviewed by police and admitted cutting the victim with the knife.
The charge of assault with a dangerous weapon is punishable by up to 10 years in prison, up to three years of supervised release, and a fine of up to $250,000.
Phelps is scheduled to be sentenced on June 23, 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.
Fort Hall Man Pleads Guilty to AssaultRead the Press Release
POCATELLO – Lyle Plentywounds, Sr., 60, of Fort Hall, Idaho, pleaded guilty today in United States District Court to assault on an officer, U.S. Attorney Wendy J. Olson announced. Plentywounds was indicted by the federal grand jury in Pocatello on July 28, 2015.
On June 23, 2015, officers from the Fort Hall Police Department responded to a residence on the Fort Hall Indian Reservation on a report that the Plentywounds was causing a disturbance at that location. Officers arrived at the location and found Plentywounds to be intoxicated, which is a violation of Tribal law. Officers took Plentywounds into custody. While officers were taking him to the patrol car, Plentywounds struggled with the officers and kicked an officer in the leg. Under the specific federal law that Plentywounds pled guilty to violating, Fort Hall police officers are considered “federal officers.”
The charge of assault on an officer is punishable by up to eight years in prison, up to three years of supervised release, and a fine of up to $250,000.
Plentywounds is scheduled to be sentenced on June 22, 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.
Jerome Man Pleads Guilty to Possession of Child PornographyRead the Press Release
BOISE – Patrick Lee Jewell, 34, of Jerome, Idaho, pleaded guilty today in United States District Court to possession of child pornography, U.S. Attorney Wendy J. Olson announced. Jewell pleaded guilty to a one count information filed by the U.S. Attorney on January 21, 2016.
According to the plea agreement, Jewell admitted utilizing his e-mail account to communicate with an individual through Craigslist regarding the exchange of images of child pornography in November and December of 2013. In February of 2014, agents with the Department of Homeland Security executed search warrants at Jewell's residence in Jerome, Idaho, and for his e-mail accounts. Additionally, Jewell admitted possessing 61 images of child pornography in his e-mail account, and five images of child pornography on his iPhone.
Sentencing is set for June 28, 2016, before Chief U.S. District Judge B. Lynn Winmill.
Possession of child pornography is punishable by up to 20 years imprisonment, a $250,000 fine, a term of supervised release of not less than five years and up to life, and a $100 special assessment. As part of his plea, Jewell also agreed to forfeit an iPhone and a Samsung laptop computer used in the commission of the charged offense.
The case was investigated by the U.S. Immigration and Custom Enforcement’s (ICE) Homeland Security Investigations (HSI), the Jerome County Sheriff's Office, and the Jerome 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.”
California Woman Pleads Guilty to Wire Fraud and Aggravated Identity TheftRead the Press Release
BOISE - Jassmine Pettaway, 27, of Inglewood, California, pleaded guilty today to wire fraud and aggravated identity theft, U.S. Attorney Wendy J. Olson announced. Pettaway was indicted by a federal grand jury in Boise on October 14, 2015.
According to the court proceedings, Pettaway admitted that she agreed to travel to Idaho for the purpose of making fraudulent purchases. Pettaway admitted that she and her co-defendant 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 $8,087.95 and $10,116.59. Law enforcement recovered a fake Michigan driver’s license, at least 19 counterfeit credit cards, and at least 45 gift cards.
Wire fraud is punishable by up to 20 years in prison, a maximum fine of $250,000.00, and up to three years of supervised release. 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 is set for June 15, 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).
Owners of Saul Farms Plead GuiltyRead the Press Release
BOISE - Bernard Saul, 58, of Bliss, Idaho, pleaded guilty today to wire fraud and money laundering, U.S. Attorney Wendy J. Olson announced. Bernard Saul waived his right to indictment and pleaded guilty to a two-count felony information filed by the U.S. Attorney. Yesterday, Roza Saul, 36, the wife of Bernard Saul, pleaded guilty to delivery of a misbranded food product. She pleaded guilty to a one-count misdemeanor criminal information filed by the U.S. Attorney.
According to the plea agreements, Bernard and Roza Saul were co-owners of Saul Farms, marketing as Bliss Seeds LLC. Saul Farms was located in Bliss, Idaho, and produced, handled, and sold alfalfa seeds labeled as “organic,” among other crops.
Under applicable federal regulations, to be sold or labeled as “organic,” an agricultural product generally (i) must have been produced and handled without the use of synthetic chemicals, (ii) must not have been produced on land to which any prohibited substances, including synthetic chemicals, have been applied during the preceding three years, and (iii) must have been produced and handled in compliance with an appropriate organic plan. Also, an entity that intended to sell or label agricultural products as organic first had to be certified as an organic producer or handler according to applicable regulations.
According to the plea agreements, from 2010 through 2015, Bernard Saul annually applied to the Idaho State Department of Agriculture and Nature’s International Certification Services for United States Department of Agriculture organic certifications to produce and handle organic alfalfa seeds on Saul Farms. In the applications, and during site inspections, Bernard Saul represented that Saul Farms grew organic alfalfa seed on between 42 and 81 acres, and produced between 35,000 and 50,000 pounds of organic alfalfa seed per year. During 2010 through 2015, organic alfalfa seed sold for more than one dollar more per pound than conventional, non-organic alfalfa seed.
According to the plea agreements, from 2010 through 2015, Bernard Saul purchased conventional, non-organic alfalfa seed from Andrews Seed, Quarter J Circle Farms, McClintick Farms, and United Seed Services in the following approximate amounts: 66,403 pounds for 2010; 304,891 pounds in 2011; 438,288 pounds in 2012; 545,182 pounds in 2013; 447,218 pounds in 2014; and 334,371 pound for the first nine months of 2015. Bernard Saul knowingly and intentionally misbranded these seeds as “organic” alfalfa seeds, and sold them to customers Albert Lea, Kings Agriseeds, Blue River Hybrid, Byron Seeds, and Foundation Organic at the higher organic price and received the following payments: $182,000 for 2010; $891,661 for 2011; $1,910,583 for 2012; $1,538,763 for 2013; $1,645,910 for 2014; and $921,520 for the first nine months of 2015.
According to the plea agreements, for the years 2010 through 2015, Bernard Saul knowingly and intentionally did not disclose to the United States Department of Agriculture, Idaho State Department of Agriculture and Nature’s International Certification Services Saul Farms’ purchases of conventional, non-organic alfalfa seeds from Andrews Seed, Quarter Circle J Farms, McClintick Farms, and United Seed Services, and Saul Farms’ sales of alfalfa seed – represented as “organic” – to customers Albert Lea, Kings Agriseeds, Blue River Hybrid, Byron Seeds, and Foundation Organic. As a result, these customers paid higher organic alfalfa seed prices and were defrauded of $1,903,727.
According to the plea agreements, as a co-owner of Saul Farms, Roza Saul had responsibility and authority to prevent or correct a violation of the Federal Food, Drug and Cosmetic Act, which holds responsible parties strictly liable for introducing misbranded food products into interstate commerce.
Also, according to the plea agreements, Bernard Saul engaged in monetary transactions with the proceeds of the fraudulent sales. From 2012 through 2015, Bernard Saul made the following purchases with the proceeds of the fraudulent sales: a 438-acre parcel of real property in Buhl, Idaho for $1,000,000; a 2012 Coachman Freelander recreational vehicle for $20,000 (partial payment); a 2014 Polar Kraft boat, engine, and trailer for $41,553; 2015 Dodge Ram 2500 Truck for $36,505; and a $90,000 cashier’s check.
The charge of wire fraud is punishable by up to 20 years in prison, a maximum fine of $250,000, and not more than 3 years of supervised release. The charge of money laundering is punishable by up to 10 years in prison, a maximum fine of $250,000, and not more than 3 years of supervised release.
The charge of delivery of a misbranded food product is punishable by up to one year in prison, a maximum fine of $100,000, and not more than one year of supervised release.
Sentencing for Bernard Saul is set for June 7, 2016, before Senior U.S. District Judge Edward J. Lodge at the federal courthouse in Boise. Sentencing for Roza Saul is set for June 2, 2016, before U.S. Magistrate Judge Ronald E. Bush.
The case was investigated by the Federal Bureau of Investigation and the United States Department of Agriculture, Office of Inspector General.
Today's announcement is part of efforts underway by President Obama's Financial Fraud Enforcement Task Force (FFETF), which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants.