District of Idaho
Press releases recorded for this federal judicial district.
Kamiah Woman Sentenced for Resisting and Impeding a FBI AgentRead the Press Release
COEUR D'ALENE - Pennie Sue Moffett, 41, of Kamiah, Idaho, was sentenced yesterday to ten months in prison to be followed by three years supervised release for resisting and impeding an officer of the United States, U.S. Attorney Wendy J. Olson announced. Moffett pleaded guilty on April 28, 2015.
According to the plea agreement, on March 27, 2014, Moffett obstructed, resisted and impeded an FBI agent who was engaged in his official duties by kicking the agent as he assisted in a tribal arrest. The plea agreement states the FBI agent did not suffer bodily harm during the incident.
The case was investigated by the Federal Bureau of Investigation (FBI) and Nez Perce Tribal Police.
Spokane Valley Man Admits to Robberies Across Four StatesRead the Press Release
COEUR D'ALENE - Brian James Lindsey, 25, of Spokane Valley, Washington, pleaded guilty on July 20, 2015, to 13 counts of interference with commerce by robbery, U.S. Attorney Wendy J. Olson announced. Lindsey was indicted by federal grand juries in four states between January and April of 2015.
According to the plea agreement, Lindsey admitted that in October of 2014, he began a robbery spree across North Dakota, Montana, Idaho and Washington. Lindsey robbed six businesses in North Dakota between October 22 and 31, 2014. Initially these robberies were for cash. By October 28, 2014, Lindsey was robbing pharmacies seeking prescription narcotic drugs. After leaving North Dakota, Lindsey robbed a Shopko in Sidney, Montana, taking drugs. He arrived back in the Spokane area by November 15, 2014. Between November 15, 2014, and January 4, 2015, Lindsey robbed six more pharmacies in the Coeur d’Alene and Spokane area. The FBI sponsored North Idaho Violent Crime Task Force began to focus its attention on Lindsey prior to the last robbery. The Task Force worked with the U.S. Attorney's Office for the District of Idaho and applied for a tracker warrant for Lindsey's vehicle. After Lindsey robbed a Walgreens in Idaho, law enforcement was able to quickly apprehend him. Once in custody, Lindsey made a full confession to all the robberies. The cases were consolidated after Lindsey was indicted in each federal district where he committed his offense. The District of Idaho agreed to handle all the counts since Lindsey was already charged in Coeur d’Alene.
The charge of interference with commerce by robbery is punishable by up to 20 years in prison, a maximum fine of $250,000.00, and up to three years of supervised release.
Sentencing is set for October 20, 2015, before U.S. District Judge Edward J. Lodge at the federal courthouse in Coeur d'Alene.
“As demonstrated by this defendant’s crime spree across four states, prescription drug addiction and abuse can lead to very serious criminal conduct with real victims,” said Olson. “Each individual who was robbed by Lindsey suffered the threat of harm and pharmacists in the area were on high alert during the time Lindsey was engaged in his robberies. I commend the collaborative work of all law enforcement in all four states that helped apprehend Lindsey.”
The case was investigated by state, federal and local law enforcement in North Dakota, Montana, Idaho and Spokane, WA.
Plummer Man Sentenced for StrangulationRead the Press Release
COEUR D’ALENE - James Andrew Samuels, Jr., 27, of Plummer, Idaho, was sentenced today to 18 months in prison for strangulation, U.S. Attorney Wendy J. Olson announced. The Court also ordered that Samuels serve three years supervised release following his sentence and complete anger management counseling. He pleaded guilty to the charge in December 2014.
According to the plea agreement, in November 2013, Samuels got into an argument with a woman he was dating. Samuels admitted that during the argument he grabbed the victim by the neck and strangled or attempted to strangler her. The woman sustained bruises to her face and neck.
U.S. Attorney Wendy J. Olson stated that the conviction and sentence are part of the office’s effort to ensure that Native American women and families are protected from domestic violence. “The strangulation statute and the Violence Against Women Act are useful tools to fight domestic violence crimes that endanger women and children on reservations. This violence tears apart families, damages children, and may even have lethal consequences. I commend the law enforcement officers that investigated this case and the victim who stood up to her abuser.”
The case was investigated by the Coeur d’Alene Tribal Police Department and the Federal Bureau of Investigation. The case was prosecuted in federal court because the crime occurred on the Coeur d’Alene Indian Reservation and the defendant is an enrolled member of the Coeur d’Alene Tribe.
Montana Man Sentenced for Illegally Possessing FirearmsRead the Press Release
COEUR D'ALENE - Jesse Carey Barker, 31, of Roll, Arizona, was sentenced today to 48 months in prison for possession of firearms by a prohibited person, U.S. Attorney Wendy J. Olson announced. Visiting U.S. District Judge William Fremming Nielsen also ordered Barker to serve three years of supervised release and to forfeit the firearms.
According to the court documents, on October 7, 2013, Barker was stopped for driving under the influence. Officers were able to see a rifle with a bayonet attached to it in plain view through the car window. After completing field test, a vehicle search was completed and a loaded handgun was located under the passenger's front seat beside an open beer. It was also determined that the rifle was loaded.
The case was investigated by Idaho State Police (ISP).
Lapwai Felon Admits to Illegal Firearm PossessionRead the Press Release
COEUR D'ALENE - Daniel Paul Wilson, 26, of Lapwai, Idaho, pleaded guilty on July 20, 2015, to possession of an unregistered firearm, U.S. Attorney Wendy J. Olson announced. Wilson was indicted by a federal grand jury in Coeur d'Alene on March 17, 2015.
According to court documents, Wilson admitted that on November 15, 2014, he possessed a shotgun having a barrel length of less than 18 inches and overall length of less than 26 inches. It is illegal to possess sawed off shotguns or similar such firearms unless it is registered in the National Firearms Registration and Transfer Record.
The charge of Possession of an Unregistered Firearm is punishable by up to ten years in prison, a maximum fine of $250,000.00, and up to three years of supervised release.
Sentencing is set for October 20, 2015, before U.S. District Judge Edward J. Lodge at the federal courthouse in Coeur d'Alene.
The case was investigated by Nez Perce Tribal Police Department, the Nez Perce County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
The case was prosecuted as part of Idaho’s Project Safe Neighborhoods Program, which seeks to reduce gun violence in Idaho.
Oakley Man Sentenced to 15 Years in Federal Prison for Attempted Sexual Exploitation of a Minor ChildRead the Press Release
POCATELLO - Ray Carl Short, 67, of Oakley, Idaho, was sentenced today to 180 months for attempting to produce sexually explicit videos and still images of a minor child, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Short to forfeit the camera and computer equipment used to commit the offense.
Short pleaded guilty on January 15, 2015 to attempted sexual exploitation of a minor. According to the plea agreement, an undercover special agent with Homeland Security Investigations downloaded 26 sexually exploitative images and videos of minors from Short in January 2014. In July, law enforcement agents searched Short’s residence pursuant to a federal search warrant and seized a laptop computer, a Brickhouse Security camera, and other related items. A forensic analysis of the laptop and other electronic media revealed approximately 2,934 images and 144 video files of suspected child pornography. When these images and video files were sent to the National Center for Missing and Exploited Children, it identified victims in 345 of the images and 16 of the video files.
In a folder located on Short’s computer’s hard drive, law enforcement agents observed six video files and nine image files of an additional minor victim, several of which contained sexually exploitative content. Yet more sexually exploitative videos and images of the victim were located in sub-folders.
On the day law enforcement agents executed the search warrant, Short admitted to having downloaded and received images that would be illegal or constitute child pornography and that there were images of child pornography on his laptop. In court, Short also admitted that he placed the Brickhouse camera in hidden locations in order to use the victim to take part in sexually explicit conduct for the purpose of producing visual depictions of that conduct.
The case was investigated by the U.S. Immigration and Custom Enforcement’s (ICE) Homeland Security Investigations (HSI), with the assistance of the Cassia County Sheriff’s Office and Cassia County Prosecutor’s Office.
"Tragically, each time sexually explicit photos and videos of minors are downloaded, the young people shown are victimized again," said Bradford Bench, special agent in charge for ICE HSI in Seattle, Wash. "This sentencing clearly demonstrates the consequences facing those who are attempting to produce sexually explicit images and videos of minor children. ICE Homeland Security Investigations will continue to use every tool at its disposal to keep our children safe and ensure child predators are brought to justice."
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."
Idaho Falls Man Pleads Guilty to Federal Drug Related ChargesRead the Press Release
POCATELLO – Gerardo Botello, of Idaho Falls, Idaho, pleaded guilty today in United States District Court to distribution of methamphetamine, U.S. Attorney Wendy J. Olson announced.
According to the plea agreement on May 23, 2011, an undercover officer met with Botello at his residence in Idaho Falls, Idaho. At that meeting the undercover officer purchased 53.7 grams of actual methamphetamine from Botello.
Botello’s charge is punishable by ten years to life in prison, a maximum fine of ten million dollars, and at least five years of supervised release.
Sentencing is set for October 21, 2015, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
The case was the result of a joint investigation of the Organized Crime and Drug Enforcement Task Force (OCDETF), led jointly by the Idaho State Police and the Federal Bureau of Investigations, in conjunction with, U. S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Bureau of Alcohol Tobacco and Firearms (ATF), Bonneville County Sherriff’s Office, Idaho Falls Police Department, Idaho State Police, and the Bonneville County Prosecutor’s Office.
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.
U.S. Attorney Wendy J. Olson Issues Statement on Building Resilient CommunitiesRead the Press Release
U.S. Attorney Wendy J. Olson today announced the beginning steps of a grass roots effort to form a community and law enforcement coalition to build stronger, safer communities.
“Strong communities are safe communities,” said Olson. “We need to make our community resilient against threats posed by violent crime, violent extremism and on-line predators. When law enforcement, community groups, faith community leaders, business leaders and government officials work together, we more effectively prevent and reduce crime and make Idaho a better place to live.”
Olson said that on July 8, representatives from the refugee community, refugee support agencies, Muslim community, Boise Police Department, FBI, Intermountain Fair Housing Council, ACLU, and Stand Up America met with representatives from her office and discussed community responses to recent incidents in Idaho and across the country. “We are at a critical time in our nation and in our own community – from the shooting at the Emanuel AME Church in Charleston, to anti-refugee and anti-Muslim sentiments expressed by groups and individuals in Idaho, to defiance in parts of some states to the Supreme Court’s decision to legalize same sex marriage in Obergefell v. Hodges,” said Olson. “There are many currents that seek to divide communities. Instead, we have to come together. We need to stand up and form strategies against those who espouse extremist ideologies and recruit others to engage in violent acts in our communities on their behalf. We want to mentor our young people, educate parents, identify solutions, and form closer relationships between refugees and Idahoans who have been here for generations.”
Olson said that an immediate objective of the July 8 meeting was to reassure members of the refugee community and Muslim community that with the federal terrorism trial in United States v. Kurbanov scheduled to begin July 13, law enforcement officers will be vigilant to protecting them against bias crimes.
“To be certain, international terrorism and the conduct of those who are inspired by international terrorist groups to engage in violent conduct pose a serious threat to every community in this nation,” said Olson. “Law enforcement agencies and my office will be deliberate and thorough in pursuing such criminal cases. But we also take great care to ensure that individuals are investigated and prosecuted based on specific illegal acts, not based on how they appear, or how they worship or where they are from. Nor should investigation and prosecution of one person provide inspiration for others to act out against refugees or Muslims or to act out in support of extremism inspired by Al Qaeda or ISIL or other terrorist groups.”
Olson said that attendees at the July 8 meeting supported efforts for further outreach and education to build a resilient community. “There is clear support that a broader coalition would provide safer communities in two ways. First, it would provide tools for early awareness of a person being radicalized to commit a violent act, regardless of the ideology promoting the violence. Second, it would empower community members and allow us to stand together as a community in support of those who are targeted as victims, just as the white community in Charleston stood with the Emanuel AME congregation.”
Olson said that plans are being made for future building resilient communities sessions and invited interested participants to contact her office.
Three More Defendants from Georgia Sentenced in Credit Card Fraud SchemeRead the Press Release
BOISE – Clarence Collins, 34, of Douglasville, Georgia, Charles Moore, 25, of Stone Mountain, Georgia, and Jonathan Penn, 20 of Suwanee, Georgia, were each sentenced this week in United States District Court for their roles in a credit card scheme that targeted local retailers in October 2014, U.S. Attorney Wendy J. Olson announced. Terrance Barimah, 26, of Floranceville, Georgia, was scheduled for sentencing on July 8, 2015, but failed to appear for the hearing. Chief U.S. District Judge B. Lynn Winmill issued a warrant for his arrest.
Clarence Collins was sentenced on July 6, 2015, to 78 months in prison followed by three years of supervised release for conspiracy to commit wire fraud and aggravated identity theft. Judge Winmill also ordered Collins to pay restitution of $22,679.54 along with the other co-defendants and to forfeit $49,953.41 in cash proceeds from the offense. He pleaded guilty on March 31, 2015.
Charles Moore was sentenced to 51 months in prison followed by three years of supervised release for conspiracy to commit wire fraud and aggravated identity theft. Judge Winmill also ordered Moore to pay restitution of $22,679.54 along with the other co-defendants and to forfeit $49,953.41 in cash proceeds from the offense. He pleaded guilty on April 26, 2015.
Jonathan Penn was sentenced to 24 months in prison followed by three years of supervised release for conspiracy to commit wire fraud. Judge Winmill also ordered Penn to pay restitution of $22,679.54 along with the other co-defendants and to forfeit $49,953.41 in cash proceeds from the offense. He pleaded guilty on April 26, 2015.
According to the plea agreements, Collins, Moore, and Penn each admitted traveling to Idaho, along with their co-defendants, for the purpose of making fraudulent purchases of gift cards and prepaid debit cards from retail stores, using stolen credit card numbers encoded onto stock debit cards. Each defendant admitted to obtaining the stock debit cards encoded with unauthorized credit card numbers, and making purchases at retail stores on October 5, 2014.
In his plea agreement, Collins admitted to traveling to five separate retail stores, and making eight purchases of gift cards and pre-paid debit cards, using five different credit card numbers that he was not authorized to use. Upon his arrest, officers found seven debit cards encoded with unauthorized credit card numbers in his possession, and 46 gift cards in the vehicle he was in.
In his plea agreement, Moore admitted to traveling to five separate retail stores, and making twenty-nine purchases of gift cards and pre-paid debit cards, using nine different credit card numbers that he was not authorized to use. Upon his arrest, officers found $2,740 and 43 gift cards in his possession.
In his plea agreement, Penn admitted to traveling to five separate retail stores, and making twenty-four purchases of gift cards and pre-paid debit cards, using six different credit card numbers that he was not authorized to use. Upon his arrest, officers found three debit cards encoded with unauthorized credit card numbers and thirty gift cards in his possession.
Collins, Moore, Penn, and Barimah were indicted, along with Kyandre Banks, 34, of Lilburn, Georgia, Brian Treadwell, 25, of Buford, Georgia, Mikki Williams, 25, of Loganville, Georgia, Rashine Kale, 38, of Lawrenceville, Georgia, Jean Estinville, 26, of Lawrenceville, Georgia, and Rakeen Anderson, of Atlanta, Georgia, on charges relating to a wire fraud and identity theft scheme. Collins, Banks, Estinville, Kale, Moore, Penn, Williams and Treadwell were each charged with conspiracy to commit wire fraud, wire fraud, and aggravated identity theft. Anderson was charged with conspiracy to commit wire fraud and wire fraud. Barimah was charged with conspiracy to commit wire fraud and illegal possession of device-making equipment.
Co-defendants Brian Treadwell and Mikki Williams were sentenced on June 16, 2014. Treadwell received 75 months in prison for conspiracy to commit wire fraud and aggravated identity theft. Williams received three years of probation and 200 hours of community service for misprision of a felony.
Three more defendants are scheduled for sentencing before Judge Winmill. Co-defendant Rashine Kale is scheduled for sentencing on July 22, 2015. Co-defendant Jean Estinville is scheduled for sentencing on August 4, 2015. Co-Defendant Rakeen Anderson is scheduled for sentencing on August 17, 2015. Co-defendant Kyandre Banks remains a fugitive.
The case was investigated by the United States Secret Service and the Boise Police Department.
Large-Scale Multi-State Methamphetamine Organization Members Plead Guilty to ConspiracyRead the Press Release
BOISE – Maribel Betancourt, 41, of Meridian, Idaho, pleaded guilty yesterday to conspiracy to distribute methamphetamine, U.S. Attorney Wendy J. Olson announced. Betancourt is scheduled to be sentenced before Chief U.S. District Judge B. Lynn Winmill on September 29, 2015. Conspiracy to distribute methamphetamine is punishable by up to 20 years imprisonment, a $1,000,000 fine, and at least three years of supervised release. Betancourt has also agreed to forfeit $2,000 in cash proceeds.
Betancourt and thirteen co-defendants were charged on February 10, 2015, in a ten count indictment alleging conspiracy to distribute methamphetamine, distributing methamphetamine, possession with intent to distribute methamphetamine, and possession of a firearm in furtherance of a drug trafficking crime. According to court documents, the conspiracy was responsible for bringing over 4.5 kilograms of high purity methamphetamine from California to Idaho from August 2014, to January 2015.
Co-defendants Jose Luis Corrales Cruz, 58, of Ramona, California; Juan Navarrete, 19, of Ontario, Oregon; and Jorge Sandoval, 21, of Placentia, California, pleaded guilty in June to conspiracy to distribute more than 500 grams of methamphetamine and agreed to forfeit $100,000 in cash proceeds. Conspiracy to distribute more than 500 grams of methamphetamine is punishable by at least 10 years in prison and not more than life, a $10,000,000 fine, and at least five years of supervised release. Ruby Martinez, 41, of Nampa, Idaho; Marco Antonio Tinoco, 26, of Ontario, Oregon; and Hernan Arteaga-Solchaga, 23, of Nampa, Idaho, pleaded guilty earlier this month to conspiracy to distribute methamphetamine. Martinez and Arteaga-Solchaga agreed to forfeit $2,500 in cash proceeds, while Tinoco agreed to forfeit $4,500. The six of the above defendants are set for sentencing in September 2015.
Oscar Adan Jaimez-Munoz, 35, of Placentia, California; Ruben Rangel Perez, 34, of Placentia, California; Rafael Sotero Lopez-Vasquez, 43, of Nampa, Idaho; and Andres Navarrette, Jr., 26, of Ontario, Oregon, have change of plea hearings later this month. Carmen J. Gomez-Rangel, 49, of Nampa, Idaho, remains a fugitive.
Francisco Sandoval, 60, of Placentia, California, and Horacio Linares, 47, of Anaheim, California, are currently set for trial on November 16, 2015, before Judge Winmill.
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.
Utah Man Pleads Guilty to Fraudulently Concealing and Transferring Assets in BankruptcyRead the Press Release
BOISE – Farrell Larson, 67, of Meadow, Utah, pleaded guilty today in United States District Court to one count of fraudulent transfer and concealment of assets in a bankruptcy, U.S. Attorney Wendy J. Olson announced. Larson was charged by information on June 1, 2015, by the United States Attorney’s Office.
According to the plea agreement, Larson was the President and co-owner of Select Onion and Larson Land Company, LLC, which operated an onion farm and onion processing plant in Ontario, Oregon. Larson Land Company merged with Select Onion and filed Chapter 11 bankruptcy in the District of Idaho in 2012, with Larson signing as debtor. On April 19, 2012, the Honorable Terry L. Myers, Chief Bankruptcy Judge for the District of Idaho, held that Larson could not utilize cash collateral of Larson Land Company or Select Onion. In his plea agreement, Larson admitted that on April 20 and 23, 2012, he caused a total of $56,000 in cash to be withdrawn from Select Onion bank accounts. The cash represented assets obtained by Select Onion after the filing of bankruptcy. The withdraws and subsequent transfer of the money was done without the knowledge or authorization of the bankruptcy court or trustee. In his plea agreement, Larson admitted to knowingly concealing assets from the trustee, his creditors, and the bankruptcy court with the intent to defraud.
A violation of fraudulent transfer and concealment of assets is punishable by a term of imprisonment of up to five years, a term of supervised release of not more than three years, a maximum fine of $250,000, and a special assessment of $100. The Court also may order restitution to the victims of the crime. As part of his plea, Larson agreed to forfeiture of at least $47,000 as proceeds of the charged offense.
Larson's sentencing is scheduled for September 8, 2015, before U.S. District Judge Edward J. Lodge.
The case was investigated by the Special Inspector General for the Troubled Asset Relief Program and the Internal Revenue Service-Criminal Investigation.
Bonners Ferry Man Sentenced for Violent ATM Theft in McCall and String of Prior ATM Larcenies across the U.S.Read the Press Release
BOISE — Nathan Paul Davenport, 35, formerly of Bonners Ferry, Idaho, was sentenced today to 217 months in prison for ATM larceny, conspiracy, and use of a firearm, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Davenport to serve five years of supervised release after his prison term, and pay restitution to victims, primarily the affected banks, of $1,174,928.32. The Court also ordered forfeiture of any proceeds of the crimes. Davenport’s sentence will be credited for his time in custody since his arrest. He pleaded guilty to the charges on March 30, 2015.
According to the plea agreement, on January 10, 2014, Davenport and his co-defendant, Matthew Taber Annable, aiding and abetting each other, broke into and stole cash from an automated teller machine (ATM) located at the Idaho First Bank in McCall, Idaho. They stole a Ford truck in McCall, which Davenport used to pull the door off the ATM. When Davenport was escaping with the proceeds, he twice stopped the stolen truck and fired a Ruger .223 caliber assault rifle at pursing officers of the McCall Police Department. The officers’ vehicles were hit numerous times; fortunately no one was injured. Davenport and Annable communicated over an open cell phone connection during the larceny and shootings and then met up after Davenport evaded the pursuing McCall Police officers. They moved the firearms, tools, and stolen ATM money from the stolen Ford to their own vehicle and escaped. Davenport and Annable were arrested without incident on January 12, 2014, in Orem, Utah. Davenport was carrying a bag with the proceeds of the McCall ATM larceny, approximately $27,000. The two men were in custody on related Wyoming charges prior to being transported to Boise on the Idaho charges. In the District of Wyoming, both men pleaded guilty to single counts of ATM theft and aiding and abetting and each received a fourteen month prison sentence.
The McCall shooting and larceny were the final crimes in an ATM larceny spree that stretched from October, 2012, through January, 2014, and through Florida, Texas, Colorado, Wyoming and other states. These larcenies included two committed against Idaho Banking Company in Boise and Meridian on January 5, 2014.
Annable pleaded guilty on April 20, 2015, to bank larceny by use of a dangerous weapon and conspiracy to commit bank larceny. He is scheduled to be sentenced on August 24, 2015, before Judge Lodge.
The case was investigated by the Federal Bureau of Investigation, the Idaho State Police, the Valley County Sheriff’s Office, and the McCall Police Department.
Mapquest map demonstrating the locations of ATM larcenies that Davenport admitted in his plea agreement. The ATM in McCall after Davenport ripped off the door and stole the money. Proceeds of the McCall ATM larceny found in Davenport’s possession at the time of his arrest.
Ruger .223 assault rifle used by Davenport to shoot at pursuing officers of the McCall Police Department.Labor Union Treasurer Pleads Guilty to EmbezzlementRead the Press Release
BOISE - Helen Herold-Roden, 49, of Boise, Idaho, pleaded guilty today to embezzlement and theft of labor union assets, U.S. Attorney Wendy J. Olson announced. Herold-Roden pleaded guilty pre-indictment to a one-count criminal information filed by the U.S. Attorney’s Office.
According to the plea agreement, from 2002, until July 2014, Herold-Roden was the secretary-treasurer of the Communication Workers of America (CWA) Local Union (LU) 7603 in Meridian, Idaho. CWA LU 7603 members are employed in the telecommunications industry, and include employees of Century Link, AT&T, and the Idaho Statesman. Membership dues are based on a percentage of each member’s individual hourly wage and are electronically deposited into the CWA LU 7603 checking account at DL Evans Bank twice each month.
According to the plea agreement, from 2008, through 2014, Herold-Roden embezzled approximately $138,658 of funds belonging to CWA LU 7603 for her personal use. Herold-Roden accomplished this in two ways. First, as secretary-treasurer, she had check-signing authority for the CWA LU 7603’s checking account at DL Evans Bank. On approximately 28 occasions, she wrote duplicate checks to herself and vendors to pay personal bills. Second, as secretary-treasurer, she had an ATM/debit card for CWA LU 7603’s checking account at DL Evans Bank. On approximately 740 occasions, using the ATM/debit card, she made cash withdrawals, VISA debit card payments, and wire transfers to make personal payments to vendors such as Farmers Insurance, GEICO Insurance, Qwest, Intermountain Gas, Idaho Power, Verizon Wireless, GM Financial, Capital One, Chevron, Purchasing Power, HamLib, Experian, Starbucks, Fred Meyer, Albertson’s, Target, among others.
The charge of embezzlement and theft of labor union assets is punishable by up to five years in prison, a maximum fine of $10,000, and up to three years of supervised release.
Sentencing is set for September 8, 2015, before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.
“This defendant occupied a position of trust for workers in the telecommunications industry,” said Olson. “When individuals betray that trust for their own personal gain, this office will work closely with its law enforcement partners to investigate and prosecute.”
The case was investigated by the United States Department of Labor, Office of Labor-Management Standards.
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. For more information on the task force, visit www.stopfraud.gov.
Second of Two Men Sentenced in Bank Robbery in Twin FallsRead the Press Release
BOISE - Juan Loredo, 22, of Salinas, California, was sentenced today to 155 months in prison followed by five years of supervised release for bank robbery by use of dangerous weapons, and brandishing of firearms during the commission of a felony offense, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered forfeiture of the three firearms involved in the bank robbery. Loredo pleaded guilty on March 24, 2015.
According to court documents, on November 20, 2014, Loredo and his co-defendant Shawn Smith, 19, also of Salinas, California, robbed the First Federal Bank in Twin Falls, Idaho. As the men entered the bank, Loredo brandished a sawed-off shotgun, and Smith brandished a semi-automatic pistol at the tellers and manager. They stole $7,351, all of which was recovered by police when the men were arrested after a high-speed vehicle chase, and foot pursuit.
Smith was sentenced on June 9, 2015, to 119 months in prison.
“Those who use firearms to commit violent crimes, such as bank robberies, will be vigorously investigated and prosecuted,” said Olson. “Innocent people who simply go to work each day in commerce, or who go into our banks to transact their daily business, must not be put in fear for their lives.”
The men were apprehended by, and the case was investigated by, the Twin Falls Police Department. The Bureau of Alcohol, Tobacco and Firearms assisted in the investigation and prosecution of these offenses.
Nampa Woman Sentenced for Selling Methamphetamine at her ResidenceRead the Press Release
BOISE – Brandi Larrea, 31, of Nampa, Idaho, was sentenced today to 48 months in prison for distribution of methamphetamine, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Larrea to serve four years of supervised release following her release from prison. Larrea pleaded guilty on March 26, 2015.
According to the plea agreement, Larrea admitting selling methamphetamine at her residence in Nampa, Idaho, on five separate occasions in January and March of 2013, and from March to May of 2014, totaling 33.3 grams of actual methamphetamine. In June of 2013, law enforcement agents with the Treasure Valley Metro Violent Crimes Task Force and the Federal Bureau of Investigation searched the defendant's residence pursuant to a search warrant and discovered 24 grams of actual methamphetamine and digital scales.
This case and the other related cases are the result of a joint investigation by theTreasure 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 robation and Parole. The Organized Crime and Drug Enforcement Task Force (OCDETF), includes the cooperative law enforcement efforts of the Federal Bureau of Investigation; Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms and Explosives; U. S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Internal Revenue Service-Criminal Investigation; and U.S. Marshals Service. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
The cases are being prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership, the Canyon County Prosecuting Attorney’s Office, and the State of Idaho to address gang crimes. The Treasure Valley Partnership is comprised of a group of elected officials in southwest Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth. For more information, visit treasurevalleypartners.org.
Nampa Woman Sentenced for Distribution of MethamphetamineRead the Press Release
BOISE – Tara Noelle Rivera, 30, of Nampa, Idaho, was sentenced today to 24 months in prison for distribution of methamphetamine, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Rivera to serve three years of supervised release following her release from prison. Rivera pleaded guilty on March 31, 2015.
According to court documents, Rivera admitted to selling methamphetamine to a police informant on three separate occasions in March 2014. Rivera further admitted to selling a 9 millimeter pistol to the informant. Rivera’s case is part of a larger long-term investigation by the Treasure Valley Metro Violent Crimes Task Force. The investigation focused on the “Norteno” Northside gang, which 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.
This case and the other related cases are the result of a joint investigation by theTreasure 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 robation and Parole. The Organized Crime and Drug Enforcement Task Force (OCDETF), includes the cooperative law enforcement efforts of the Federal Bureau of Investigation; Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms and Explosives; U. S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Internal Revenue Service-Criminal Investigation; and U.S. Marshals Service. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
The cases are being prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership, the Canyon County Prosecuting Attorney’s Office, and the State of Idaho to address gang crimes. The Treasure Valley Partnership is comprised of a group of elected officials in southwest Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth. For more information, visit treasurevalleypartners.org.
Fort Hall Man Sentenced for Tribal TheftRead the Press Release
POCATELLO - Demetrius Anthony Gomez, 28, of Fort Hall, Idaho, was sentenced today to time served—eight months in prison, including 90 days tribal jail time—for theft from a tribal organization, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Gomez to pay $1,984.00 in restitution, and to serve three years of supervised release. Gomez pleaded guilty on February 25, 2015.
On April 2, 2014, Gomez, an off-duty employee of the Sage Hill Travel Center, a gas station, convenience store and casino on the Fort Hall Indian Reservation, near Exit 89 from Interstate 15, entered the travel center at about 3:50 am. The defendant told his fellow employee at the front desk that he was checking the schedule. The defendant went to the rear office and a few minutes later walked out and exited the store. The fellow employee became suspicious of the defendant and checked the back room. He reviewed the surveillance recording of the room and saw that the defendant had removed money from the safe in the room. A review of the surveillance recording in the front part of the store later showed that the defendant re-entered the store while the fellow employee was checking the back office. The defendant then removed additional money from a box under the cash register. An audit showed $1,984.00 missing from the Sage Hill Travel Center.
The case was investigated by the Fort Hall Police Department.
Day Trader Sentenced for Investment Fraud SchemeRead the Press Release
POCATELLO - Michael Justin Hoopes, 41, of Rexburg, Idaho, was sentenced today to 24 months in prison followed by three years of supervised release, including 200 hours of community service, for wire fraud and monetary transactions in property derived from specified unlawful activity, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Hoopes to pay $620,000 in restitution. Hoopes pleaded guilty on February 24, 2015.
According to the plea agreement, Hoopes admitted that from 2007, through February of 2011, he engaged in a scheme to defraud investors in various investment opportunities he offered. Specifically, Hoopes solicited investors to provide him with capital he represented he would use in his commodities futures day trading activities and to invest in Connected Lyfe, a publicly traded company.
Hoopes misrepresented to investors that he earned returns day trading in excess of 20 to 25 percent, that he would invest all of the capital they provided in day trading and pay them from the profits generated by their investments, and he would receive personal compensation only from profits he made above the 20 to 25 percent return. Hoopes provided false monthly account statements to investors documenting the purported positive returns. Further, regarding Connected Lyfe, Hoopes misrepresented that an investor would double their investment within one year and would bear little risk of loss.
In reality, Hoopes did not invest all of the capital he received. He used much of it for personal expenses, including paying credit card bills, and paying “positive” returns to existing investors primarily from the capital raised from new investors. Between 2007, and February of 2011, Hoopes received in excess of $9 million from investors. Of this amount, the defendant did not invest and misappropriated approximately $620,000 for his own personal use. Contrary to monthly account statements showing positive returns, he lost most of the remainder day trading and in other failed investments. Judge Lodge also ordered forfeiture of shares of Connected Lyfe in Hoopes’ possession.
“Those who convince others to entrust them with investing their hard-earned money but instead use that money for personal gain will be vigorously prosecuted,” said Olson. “This sentence ensures that Mr. Hoopes is punished and sends the strong message that investment schemes don’t pay.”
“Investment fraud schemes often involve individuals who appear extremely credible and trust worthy. When investigated by our special agents who specialize in following the money, these individuals are exposed as greedy and uncompassionate and have devastated the financial well-being of investors whose trust they betrayed,” said Gilbert R. Garza, Special Agent in Charge of IRS Criminal Investigation for the state of Idaho.
The case was investigated by the Internal Revenue Service, Criminal Investigation Division, and the Federal Bureau of Investigation, with the assistance of the Commodities Futures Trading Commission.
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.
Coeur d'Alene Man Sentenced for Meth DistributionRead the Press Release
COEUR D'ALENE - Sean Ryan Hanich, 30, of Coeur d’Alene, Idaho, was sentenced yesterday to 77 months in prison followed by five years of supervised release for his involvement in a conspiracy to distribute methamphetamine, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered forfeiture in the amount of $20,000. Hanich pleaded guilty to the charge on October 22, 2014.
According to court documents, Hanich admitted that on eight occasions, between December 2013, and March 2014, he distributed methamphetamine to an informant. In total, Hanich delivered approximately one half-pound of methamphetamine. Hanich has been in federal custody since his arrest in July 2014.
The case was investigated by Drug Enforcement Administration (DEA) and Idaho State Police (ISP), with the assistance of the North Idaho Violent Crimes Task Force.
Rexburg Man Found Guilty of Illegally Storing and Disposing of Hazardous WasteRead the Press Release
POCATELLO – Max Spatig, 73, of Rexburg, Idaho, the owner of MS Enterprises, was convicted yesterday, following a two-week jury trial in federal court in Pocatello, of the felony of knowingly storing and disposing of hazardous waste on a property off the Archer-Lyman Highway near Rexburg, U.S. Attorney Wendy J. Olson announced.
On July 8, 2010, a total of 3,478 containers of hazardous waste materials were found on the property outside of Rexburg. Many of the containers were labeled as containing hazardous materials and many were corroded. They had been left outdoors for years. Samples taken from some of the containers confirmed that the contents were hazardous waste due to ignitability and corrosivity characteristics. Ignitable materials catch fire at relatively low temperatures and present a dangerous fire hazard. Corrosive materials cause other materials to dissolve on contact. The contents of the containers were shipped to a hazardous waste disposal facility, incurring a cost to the federal government of $498,652. Neither MS Enterprises nor Spatig had any permits from the Environmental Protection Agency (EPA) or the Idaho Department of Environmental Quality (DEQ) that would have covered the operation of a hazardous waste dump.
Spatig had engaged in similar conduct before. In 2005, the State of Idaho cleaned up hazardous waste from another property belonging to Spatig near Menan in Jefferson County, Idaho. The cost of that cleanup was $188,000. Previous to 2005, Spatig engaged in similar conduct in Kaysville, Utah.
Spatig’s sentencing is scheduled for August 24, 2015, before visiting Senior U.S. District Judge Wiley Daniel, of Colorado, who presided over the trial.
“Illegally storing hazardous materials puts society at risk,” said Olson. “We are deeply concerned about the threat to public safety and to our environment. Investigation and prosecution of these cases will continue to be a priority for our state and federal partners and for this office.”
“For years, the defendant knowingly stored hazardous waste without regard to the dangers it posed to the public and to the environment,” said Lance Ehrig, Acting Special Agent in Charge of EPA’s criminal enforcement program for Idaho. “When EPA’s emergency response team first arrived on the defendant’s property, they found thousands of containers filled with corrosive and ignitable hazardous waste. The situation put human health at serious risk and cleanup cost the government hundreds of thousands of dollars. Today's guilty verdict by a jury demonstrates that the American people demand that if business owners treat our nation's environmental laws with contempt, they be held accountable."
The conviction for storing and disposing of hazardous waste without a permit carries a penalty up to five years in prison, a maximum fine of $250,000, and up to three years of supervised release. Because of multiple violations of court-orders prior to trial and offenses committed while on pre-trial release, Spatig has been held in custody since September 11, 2014.
The case was the result of a joint investigation of the Environmental Protection Agency, the Idaho Department of Environmental Quality, and the Madison County Sheriff’s office. It was prosecuted jointly by the U.S. Attorney’s Office and the Environmental Crimes Section of the U.S. Department of Justice.
Former Athol City Clerk Sentenced to Prison for EmbezzlementRead the Press Release
COEUR D'ALENE - Sally R. Hansen, 39, the former Athol City Clerk, was sentenced today to 48 months in prison followed by three years of supervised release for embezzlement, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Hansen to pay a special assessment in the amount of $15,000, and to pay $434,112 in restitution to the City of Athol. Hansen pleaded guilty to the charge on January 21, 2015.
According to court documents, during the time of her employment, Hansen used the wires and fraudulently took $417,879 from the City of Athol. She did this by writing fraudulent checks to herself and her husband and using the wires to transfer money between different city accounts.
“The crime Ms. Hansen committed greatly affected the citizens and taxpayers of Athol,” said Olson. “Her repeated violations of her oath of office and responsibilities to be a good steward of the public trust have appropriately ended with a prison sentence.”
The case was investigated by Kootenai County Sheriff and U.S. Secret Service (USSS).
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.
California Man Sentenced for Bank Robbery in Twin FallsRead the Press Release
BOISE - Shawn Smith, 19, of Salinas, California, was sentenced today to 119 months in prison followed by four years of supervised release for bank robbery by use of dangerous weapons, and brandishing of firearms during the commission of a felony offense, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered forfeiture of any interest in the $7,351 stolen from the bank, and forfeiture of the three firearms involved in the bank robbery. Smith pleaded guilty on April 20, 2015.
According to court documents, on November 20, 2014, Smith and his co-defendant Juan Loredo, 22, also of Salinas, California, robbed the First Federal Bank in Twin Falls, Idaho. As the men entered the bank, Loredo brandished a sawed-off shotgun, and Smith brandished a semi-automatic pistol at the tellers and manager. They stole approximately $7,000, all of which was recovered by police when the men were arrested after a high-speed vehicle chase, and foot pursuit.
Sentencing for Loredo has been set for June 22, 2015, before Judge Lodge.
“Those who use firearms to commit violent crimes, such as bank robberies, will be vigorously investigated and prosecuted,” said Olson. “Innocent people who simply go to work each day in commerce, or who go into our banks to transact their daily business, must not be put in fear for their lives.”
The men were apprehended by, and the case was investigated by, the Twin Falls Police Department. The Bureau of Alcohol, Tobacco and Firearms assisted in the investigation and prosecution of these offenses.
California Man Sentenced for Credit Card Fraud for Installing Skimming Devices in Gas PumpsRead the Press Release
BOISE – Vachik Babayan, 42, of Tujunga, California, was sentenced today to 11months and 25 days in prison for access device fraud for possessing fifteen or more unauthorized credit card account numbers, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Babayan to pay a $10,500 fine, to pay restitution in the amount of $9,999, and to serve three months of home detention and three years of supervised release following his release from prison.
According to the plea agreement, Babayan travelled to Idaho on two separate occasions for the purpose of installing, and aiding and abetting the installation of, credit card account number skimmers in gas station pumps, in both Caldwell, Idaho, and Idaho Falls, Idaho. The skimmers diverted the electronic communication of credit card information from the normal course of wires and circuits within the pump, and recorded the credit card information, including name and account number, which Babayan later planned to retrieve.
On December 24, 2012, Babayan installed a credit card skimmer in a gas station in Caldwell, Idaho. Prior to its discovery by gas station employees, the skimmer collected the account information of approximately 91 account holders who swiped their cards at the targeted pump. The skimmer also captured Babayan’s own credit card information, as he used his card to test the installation. Babayan returned to the same gas station on January 8, 2013, intending to retrieve the skimmer and the captured account information. However, on December 28, 2012, the gas station discovered the skimmer and turned it over to the Secret Service.
On February 20, 2013, Babayan rented a U-Haul van in Idaho Falls, Idaho. Babayan used this van to block security cameras at gas stations in Idaho Falls while installing credit card skimmers in gas pumps at various Idaho Falls gas stations. On February 21, 2013, a total of seven skimmers were recovered at three gas stations in Idaho Falls. Babayan installed and aided and abetted in the installation of these skimmers. Prior to discovery, these skimmers captured names and account numbers from approximately 66 credit card transactions, including Babayan’s account information.
“This case demonstrates how vigilant cooperation between federal and local law enforcement, and local businesses, protects Idaho consumers from credit card fraud and other violations of financial security,” said Olson.
The case was investigated by the United States Secret Service, the Caldwell Police Department, the Boise Police Department, the Mountain Home Police Department, the Boise County Sheriff’s Office, the Idaho Falls Police Department, and the Glendale California Police Department as part of the Los Angeles Electronic Crimes Task Force.
Worley Women Sentenced for Theft from the Coeur d'Alene TribeRead the Press Release
COEUR D'ALENE - Camille Desautel, 45, of Worley, Idaho, was sentenced today to four years of probation for theft from a tribal organization, the Benawah Market, U. S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Desautel to pay $22,665.04 restitution. She pleaded guilty on February 3, 2015.
According to the plea agreement, Desautel admitted that on August 21, 2014, she, along with two others entered the closed market and stole cash and checks totaling approximately $22,650.
Co-defendant, Twilla Marie St. Pierre, 37, of Worley, Idaho, was sentenced on April 28, 2015, to five years of probation for theft from a tribal organization. U.S. District Judge William Fremming Nielsen, from the Eastern District of Washington, also ordered St. Pierre to pay restitution in the amount of $2,978.54 to the Coeur d’Alene Tribe, and $19,686.50 to Travelers Claims Hartford.
Co-defendant, Adam Lee SiJohn, 26, of Worley, Idaho, was sentenced on March 3, 2015, to six months in prison for theft from a tribal organization. U.S. District Judge Edward J. Lodge also ordered SiJohn to serve three years of supervised release following his release from prison.
The case was investigated by Coeur d’Alene Tribal Police and Federal Bureau of Investigation (FBI).
Post Falls Woman Sentenced for Selling Prescription PillsRead the Press Release
COEUR D'ALENE - Fawnie Lynn Bracamonte, 28, of Post Falls, Idaho, was sentenced today in United States District Court to 40 months in prison for selling prescription drugs, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Bracamonte to serve three years of supervised release following her prison term. Bracamonte pleaded guilty to the charge on December 8, 2014.
According to court documents, Bracamonte admitted that in 2012 and 2013 she bought prescriptions from a local doctor. She would go to different pharmacies to fill the prescriptions and then sell the pills to people. Bracamonte claimed she was addicted to pills during the time period she was selling them.
“The unlawful use and abuse of prescription medication has become an issue across the United States, and Idaho is not exempt,” said Olson. “While addiction is a difficult issue to overcome, we cannot tolerate the illegal sale of these medications by those addicted. We will continue to aggressively prosecute those who illegally sell these medications.”
The case was investigated by the Coeur d’Alene Police Department, Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), Kootenai County Sheriff, North Idaho Violent Crimes Task Force (NIVCTF) and Post Falls Police Department.
California Man Pleads Guilty to Obtaining a Controlled Substance by Fraud and Billing Medicaid for a Fraudulent PrescriptionRead the Press Release
BOISE - Michael James Lott, 32, of Roseville, California, pleaded guilty on June 3, 2015, to acquiring and obtaining a controlled substance by misrepresentation, fraud, and deception and false statement relating to health care matters, U.S. Attorney Wendy J. Olson announced. Lott was indicted by a federal grand Jury in Boise on January 13, 2015.
At the hearing, Lott admitted that he began altering his legitimate prescriptions to fill them ahead of schedule and then made his own forged prescriptions. On April 28, 2014, Lott filled a fake prescription for Oxycodone and then submitted that forged prescription for payment by Medicaid.
The charge of acquiring and obtaining a controlled substance by misrepresentation, fraud and deception is punishable by up to four years in prison, a maximum fine of $250,000, and up to one year of supervised release. The charge of false statement relating to health care matters is punishable by up to five years in prison, a maximum fine of $250,000, and up to three years of supervised release.
Sentencing is set for August 18, before U.S. District Court Chief Judge B. Lynn Winmill at the federal courthouse in Boise.
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.
California Man Pleads Guilty to Obtaining a Controlled Substance by Fraud and Billing Medicaid for a Fraudulent PrescriptionRead the Press Release
BOISE - Michael James Lott, 32, of Roseville, California, pleaded guilty on June 3, 2015, to acquiring and obtaining a controlled substance by misrepresentation, fraud, and deception and false statement relating to health care matters, U.S. Attorney Wendy J. Olson announced. Lott was indicted by a federal grand Jury in Boise on January 13, 2015.
At the hearing, Lott admitted that he began altering his legitimate prescriptions to fill them ahead of schedule and then made his own forged prescriptions. On April 28, 2014, Lott filled a fake prescription for Oxycodone and then submitted that forged prescription for payment by Medicaid.
The charge of acquiring and obtaining a controlled substance by misrepresentation, fraud and deception is punishable by up to four years in prison, a maximum fine of $250,000, and up to one year of supervised release. The charge of false statement relating to health care matters is punishable by up to five years in prison, a maximum fine of $250,000, and up to three years of supervised release.
Sentencing is set for August 18, before U.S. District Court Chief Judge B. Lynn Winmill at the federal courthouse in Boise.
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.
Idaho Falls Man Indicted for Sexual Exploitation of Minor ChildRead the Press Release
POCATELLO - Justin Dixson, 41, of Idaho Falls, Idaho, was indicted on May 27, 2015, by a federal grand jury sitting in Pocatello for five counts of sexual exploitation of a minor child and one count of possession of sexually explicit images of minors, U.S. Attorney Wendy J. Olson announced. Dixson is currently in custody on local criminal charges.
The indictment alleges that between January 1, 2006, and January 1, 2013, Dixson used an underage girl to produce sexually explicit images of the girl engaging in sexually explicit conduct. The indictment further alleges that Dixson produced at least five “series” of such images. Additionally, Dixson is charged with possessing images of child pornography, including sexually explicit images of minors under the age of 12.
The charge of sexual exploitation of a minor child is punishable by up to 30 years in prison, a maximum fine of $250,000.00, and up to a lifetime of supervised release. The charge of possession of sexually explicit images of minors is punishable by up to 20 years in prison, a maximum fine of $250,000, and up to a lifetime of supervised release.
A trial will be scheduled for a later date at the federal courthouse in Pocatello.
The case is being investigated by the Idaho Internet Crimes Against Children Task Force (ICAC), with the assistance of the Idaho Falls Police, Boise Police, Garden City Police, Ada County Sheriff’s Office, U.S. Immigration and Custom Enforcement’s (ICE) Homeland Security Investigations (HSI), and the U.S. Marshals Service (USMS).
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.”
Two More Defendants Sentenced in Nampa Gang InvestigationRead the Press Release
BOISE – Jose Manuel Menchaca, 35, of Nampa, Idaho, was sentenced today to 60 months in prison for distributing methamphetamine, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill ordered Menchaca to serve four years of supervised release following his prison term, during which Menchaca may not have contact with documented gang members. Menchaca pleaded guilty to the charge on March 10, 2015.
In a related case, Nicole Danelle Nieto, 31, also of Nampa, was sentenced on May 26, 2015, to 41 months in prison for distributing methamphetamine. U.S. District Judge Edward J. Lodge also ordered Nieto to serve three years of supervised release following her prison term. Nieto pleaded guilty to the charge on March 9, 2015.
According to the plea agreement, Menchaca sold methamphetamine to a police informant in February 2013. Menchaca sold methamphetamine to a second police informant in March and April 2014.
According to information presented in court, Nieto sold methamphetamine to a police informant on three occasions. Law enforcement agents obtained a search warrant and searched Nieto’s residence on June 18, 2014, and located additional methamphetamine. Nieto admitted that she sold methamphetamine.
In a related case, Michael David Bradshaw, 31, also of Nampa, pleaded guilty on May 26, 2015, to distributing methamphetamine. Bradshaw admitted that he sold methamphetamine to a police informant in Caldwell, Idaho, on September 16, 2013, and October 9, 2013.
At the time of sentencing, Bradshaw faces a minimum of five years in prison and up to forty years, a maximum fine of $5 million, and a minimum term of four years supervised release. Bradshaw is scheduled to be sentenced on August 6, 2015, by Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise.
Menchaca, Nieto, and Bradshaw were all 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. In addition to Menchaca and Nieto, one other defendant has been sentenced. Guadalupe Serrano 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. Bradshaw was the ninth defendant to plead guilty. The others that have pleaded guilty include Serrano, Menchaca, Nieto, Johnny Lee Martinez, 33, Guillermo Farias Jr., 29, Brandi Marie Larrea, 31, Tara Noelle Rivera, 30, all from Nampa, and Kenny P. Breedlove, 35, from California. Two others are scheduled for trial including Richard Lobato, 51, from Nampa, and Isaac Bright, 21, from Caldwell. Three other defendants have outstanding warrants, including Jose Enrique Olvera Jr., 51, Ruben Rodriguez, 36, and Veronica Cantu, 26, all from Nampa.
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.
Justice Department and State of Idaho Reach Settlement over Accessibility of StatehouseRead the Press Release
U.S. Attorney Wendy J. Olson and Idaho Attorney General Lawrence Wasden announced today that the U.S. Attorney’s Office, the State of Idaho’s Capitol Commission and the State of Idaho’s Attorney General’s Office have reached a settlement to resolve allegations that the Statehouse, as remodeled, does not comply with the Americans with Disabilities Act.
This matter arose out of a complaint concerning the accessibility of the Idaho State Capitol’s facilities, services, programs, and activities under Title II of the ADA. Pursuant to Title II, no qualified individual with a disability shall be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such public entity on the basis of disability. In this case, the original complaint alleged that, among other non-compliant features, there were no accessible spaces for individuals in wheelchairs to view legislative sessions despite the more than 100 spectator seats in each house. The State of Idaho Attorney General’s Office, and the State of Idaho’s Capitol Commission worked cooperatively with the U.S. Attorney’s Office to resolve the accessibility complaints and to bring the Statehouse into compliance with Title II.
Under the terms of the agreement, the State of Idaho will ensure that no qualified individual with a disability will be excluded from participation in, or be denied the benefits of the Capitol’s services, programs, or activities. The state will, among other things, modify the east and west entrances to the Statehouse so that they are accessible to individuals with disabilities, add accessible seating in the legislative viewing areas, bring accessible ramps and paths of travel into compliance with the ADA, and improve signs and modify door handles to comply with accessibility requirements. The project will be spread out over three years at a cost of approximately $400,000.
“We are pleased that we were able to work cooperatively with the state to resolve this matter without the need for contested litigation and with the common goal of improving accessibility,” said Olson. “I want to thank our partners in the State of Idaho Attorney General’s Office and in the disability advocacy community for working with us to reach this successful resolution and to make Idaho’s most important public facility, its Statehouse, more accessible. I also want to thank Department of Justice architect Thomas Fodor for his tireless hours on this project. This settlement reflects a national effort by the U.S. Department of Justice to provide improved access to public facilities and programs.”
“This is an important improvement for all Idahoans and I appreciate the cooperation and commitment the United States Attorney has shown in solving the access issues at the Statehouse,” Idaho Attorney General Lawrence Wasden said. “Now, the state can make certain Idaho’s Capitol, as the people's house, is open and accessible to anyone interested in taking part in state government, witnessing the democratic process or touring this historic building.”
Additional information about the ADA can be found on Idaho United States Attorney’s website at http://www.justice.gov/usao-id/civil-rights-enforcement and the Justice Department website: www.ada.com.
Chubbuck Man Pleads Guilty to Bank Robberies in Idaho and UtahRead the Press Release
POCATELLO – Randy Ted Jordan, 45, of Chubbuck, Idaho, and Montana, pleaded guilty today in United States District Court to bank robberies committed in Idaho and Utah, U.S. Attorney Wendy J. Olson announced.
On July 26, 2014, Jordan entered the Idaho State University Credit Union at 4914 Yellowstone, Chubbuck, Idaho, and asked an employee how much money it took to open an account. He then left the bank. He returned moments later and said he wanted to open an account. He sat at the manager’s desk and then said he had forgotten to bring the money so he left the bank again. He returned several minutes later and walked behind the counter where the employees work. He lifted his shirt and displayed a handgun, which was tucked into his waistband. Jordan demanded the money from the drawers and two tellers removed the money from their drawers and gave it to the defendant. Jordan removed his gun from his waistband and took the tellers to a back room where he tied their hands with zip ties. He then left the bank.
On August 7, 2014, Jordan entered the Bank of Utah at 115 Washington Blvd. in Ogden, Utah. He approached one of the teller windows, placed a device on the counter, and said, “This is a bomb, give me all your money. If I press a button on my cell phone it will go off.” Jordan had a cell phone in his hand. The device on the counter was the size of a cell phone, wrapped in gray or silver tape, similar to duct tape. Jordan told all three tellers to give him the money from their drawers, which they did. He then left the bank.
Jordan also agreed that the court could use bank robberies in Coeur d’Alene, Idaho, and in West Jordan, Utah, in imposing sentence.
Bank robbery is punishable by up to up to twenty five years of imprisonment, a fine of up to $250,000, and up to five years of supervised release.
Jordan is scheduled to be sentenced on August 11, 2015, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
The case was investigated by the Chubbuck Police Department; Pocatello Police Department; Bannock County Sheriff’s Office; Idaho Falls Police Department Bomb Squad;
Ogden, Utah, Police Department; West Jordan, Utah, Police Department; and the Federal Bureau of Investigation.
California Woman Sentenced for Wire Fraud and Aggravated Identity Theft for Retail Fraud SchemeRead the Press Release
BOISE – Arleen Cifuentes, 32, of Riverside, California, was sentenced to 71 months in federal prison for wire fraud and aggravated identity theft, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Cifuentes to serve three years of supervised release, to pay $107,538.19 in restitution, and to forfeit $26,777.13 in cash proceeds of the charged offenses. Cifuentes pleaded guilty on January 27, 2015.
According to the plea agreement, Cifuentes engaged in a retail scheme between July 2013 and July 2014, whereby she defrauded retail stores by applying for, and obtaining, credit accounts in the identities of unknowing third party victims. Cifuentes then used the credit accounts to fraudulently purchase merchandise and gift cards. Cifuentes admitted to obtaining personal identifying information from a third party, running a credit report on the potential victims to determine their suitability for credit accounts, and then obtaining false California drivers' licenses in the victim's identity containing photos of Cifuentes or her co-defendants. Cifuentes admitted that she and her co-defendants executed the scheme on at least fifteen occasions in the District of Idaho. Cifuentes and co-defendant Rocio Contreras-Loya were arrested shortly after executing the scheme at the Boise Town Square Mall on July 24, 2014.
Co-defendant Contreras-Loya was sentenced by Chief U.S. District Judge B. Lynn Winmill on April 27, 2015, to 24 months in prison for one count of wire fraud and one count of aggravated identity theft. Co-defendant Ivan Fonseca remains a fugitive.
The case was investigated by the United States Secret Service and the Boise Police Department.
California Supplier of Oxycodone and Boise Heroin and Oxycodone Dealer Sentenced in Federal CourtRead the Press Release
BOISE – Ajellon Dedeaux, 27, of Rancho Cordova, California, was sentenced yesterday to 144 months in federal prison for distributing tens of thousands of oxycodone pills to Boise in a large scale drug trafficking conspiracy, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Dedeaux to pay a $1000 fine, serve five years of supervised release, and to forfeit $1,750,000 in drug proceeds. At his sentencing hearing, Judge Lodge determined that Dedeaux was a manager and supervisor of an extensive criminal organization and that he used violence against others during the conspiracy. This morning, Judge Lodge sentenced Andrew Colwell, 24, of Boise, Idaho, to 30 months in prison, followed by three years of supervised release, and to pay a $1,000 fine. Judge Lodge also ordered Colwell to forfeit $440,000 in drug proceeds. Dedeaux and Colwell are the latest members of a large scale oxycodone and heroin distribution ring to be sentenced to federal prison.
Others who have been sentenced are:
•Tyler Goodwin, 28, of Shelton, Washington, was sentenced on November 17, 2014, to 10 months in prison followed by three years of supervised release for distributing oxycodone. He was also ordered to forfeit $3,000 in cash proceeds.
•Jordan Grainger, 24, of Meridian, Idaho, was sentenced on November 24, 2014, to 48 months in prison followed by three years of supervised release for conspiracy to distribute oxycodone and heroin. He was also ordered to forfeit $100,000 in cash proceeds.
•Kevin Daniels, 19, of Boise, Idaho, was sentenced on November 25, 2014, to three years of probation for distributing oxycodone. He was also ordered to forfeit $7,500 in cash proceeds.
•Ellen McDaniel, 44, of Boise, Idaho, was sentenced on November 25, 2014, to 30 months in prison followed by three years of supervised release, and 80 hours of community service for conspiracy to distribute oxycodone. She was also ordered to forfeit $20,000 in cash proceeds.
•Jeffery Manchester Jr., 28, of Renton, Washington, was sentenced on December 18, 2014, to 37 months in prison followed by three years of supervised release, and 100 hours of community service for conspiracy to distribute oxycodone and heroin. He was also ordered to forfeit $32,000 in cash proceeds.
•Jared Hicks, 22, of Caldwell, Idaho, was sentenced on January 13, 2015, to 18 months in prison followed by three years of supervise release, and 100 hours of community service for conspiracy to distribute oxycodone. He was also ordered to forfeit $40,000 in cash proceeds.
•Kekai Wachi, 20, of Boise, Idaho, was sentenced on January 13, 2015, to 21 months in prison followed by three years of supervised release, and 100 hours of community service for conspiracy to distribute oxycodone. She was also ordered to forfeit $60,000 in cash proceeds.
•Christopher Deleongurro Snyder, 24, of Boise, Idaho, was sentenced on January 14, 2015, to 87 months in prison followed by five years of supervised release for conspiracy to distribute oxycodone. He was also ordered to forfeit $1,000,000 in cash proceeds.
•Jordan Baptista, 19, of Boise, Idaho was sentenced on March 9, 2015, to three years of probation. He was also ordered to forfeit $75,000 in cash proceeds.
•Travis Fraser, 19, of Boise, Idaho, was sentenced on April 6, 2015, to twelve months in prison for conspiracy to distribute oxycodone and heroin, followed by three years of supervised release. He was also ordered to forfeit $40,000 in cash proceeds.
• James Acarregui, 29, of Boise, Idaho, was sentenced on April 6, 2015, to three years in prison for conspiracy to distribute oxycodone, followed by five years of supervised release. He was also ordered to forfeit $125,000 in cash proceeds.
One remaining defendant, Austin Serb, 20, of Boise, Idaho, pleaded guilty on February 13, 2015, and is awaiting sentencing on one count of conspiracy to distribute oxycodone and heroin.
“Prescription drug abuse is a growing and significant community health problem,” said Olson. “Where individuals choose to unlawfully distribute prescription medications and other illegal drugs, we will work closely with all of our law enforcement partners to investigate, prosecute and convict those responsible.”
The case was initiated and investigated by the Boise Police Department, and 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.
Plummer Man Pleads Guilty to Violating the Bald and Golden Eagle Protection ActRead the Press Release
COEUR D'ALENE - Adrian Q. Brown-Sonder, 23, of Plummer, Idaho, pleaded guilty today to violating the Bald and Golden Eagle Protection Act, U.S. Attorney Wendy J. Olson announced. Brown-Sonder was charged by the United States Attorney’s Office on January 26, 2015.
According to the plea agreement, a confidential informant contacted Coeur d’Alene Tribal Police, who in turn contacted the FBI and U.S. Fish and Wildlife Service, and stated that Brown-Sonder killed eagles and other migratory birds. Several witnesses were interviewed and explained that Brown-Sonder admitted to them that he had killed hawks and eagles. A search warrant at the defendant’s residence resulted in the discovery of a large number of eagle and hawk feathers, as well as a wide array of bird skulls and feet. Two bald eagles, two golden eagles, two rough-legged hawks, two red-tailed hawks, and two unspecified dark-morph hawks were identified by a morphology examination.
Chairman of the Coeur d’Alene Tribal Council wrote a letter to U. S. Fish and Wildlife Service setting forth the tribe’s official position regarding hunting of eagles and other birds of prey, categorically condemning the killing of these birds and supporting protective federal laws. The Chairman wrote that even before the passage of these federal laws, “the tribe revered and admired eagles as symbols of strength and courage.”
The maximum punishment for the first violation of the Bald and Golden Eagle Protection Act is punishable by up to one year in prison, five years of probation, a maximum fine of $100,000, and up to one year of supervised release.
Sentencing is set for August 18, 2015, before U.S. District Judge Edward J. Lodge at the federal courthouse in Coeur d'Alene.
The case was investigated by Coeur d’Alene Tribe, U.S. Fish and Wildlife Services and the FBI.
FBI Concludes Lengthy Investigation of Corrections Corporation of AmericaRead the Press Release
BOISE – After a fifteen-month investigation by the Federal Bureau of Investigation, the U.S. Attorney’s Office for the District of Idaho announced today that it is declining prosecution under federal public corruption statutes and federal criminal fraud statutes of any actors in connection with the Corrections Corporation of America (CCA) falsifying staffing rosters and understaffing at the Idaho Correctional Center. CCA operated the Idaho Correctional Center under a contract with the State of Idaho until the end of June 2014.
The FBI initiated an investigation in March 2014 to determine whether CCA or its employees defrauded the State of Idaho by falsifying staffing rosters and understaffing shifts. The investigation included the years from 2008 to early 2014. The FBI also investigated whether any state actors sought to delay, hinder or corruptly influence a state criminal investigation into CCA’s staffing practices and subsequent billings to the State of Idaho under the ICC contract. The Idaho State Police, which initiated an investigation in February 2014 when directed to do so by Governor C.L. “Butch” Otter, discontinued their investigation after meeting with the FBI in March 2014.
“The FBI’s detailed and thorough investigation did not produce evidence of a federal criminal violation,” announced U.S. Attorney Wendy J. Olson. “Rather, the evidence showed that the false entries and understaffing could be attributed only to relatively low-level CCA employees. No evidence obtained during the investigation showed that any CCA employee at the assistant warden level or above participated in creating the falsified rosters, or affirmatively knew that rosters were falsified at the time they were falsified. Likewise, no evidence showed that the false entries were made by the low-level employees with the intent to defraud the state of Idaho of money or property, as is required under the federal criminal fraud statutes.”
Olson continued, “In addition, no evidence obtained during the FBI investigation showed that state employees at the Idaho State Police, the Idaho Department of Correction or the Governor’s Office sought to delay, hinder or corruptly influence a state criminal investigation, as is required under the federal public corruption statutes. Rather, the evidence shows a series of miscommunications and uncorrected assumptions that lead to incorrect reports in the media and incorrect statements in related civil federal court proceedings that the Idaho State Police were conducting a criminal investigation, when in fact they were not.”
The media reports and court statements were made prior to February 2014 when Governor Otter ordered the Idaho State Police to conduct an investigation. “My office and the FBI met early on with the Idaho State Police detectives assigned in 2014 to conduct a criminal investigation,” said Olson. “Following that meeting, to ensure an investigation in which the public could have great confidence and to avoid any appearance of a conflict of interest in investigating activities of the Idaho State Police and other state agencies, we all agreed that it would be best for the FBI to initiate an investigation and for the Idaho State Police to discontinue their investigation. I commend the Idaho State Police and the Idaho Department of Correction for recognizing that a neutral, independent federal investigation was the best course of action in this matter. We have conducted that investigation, reviewed its results, and concluded that there is insufficient evidence to prove any federal criminal charges beyond a reasonable doubt. In such situations, we are obligated to decline prosecution.”
The FBI’s investigation included review of voluminous documents obtained from the Idaho State Police, the Idaho Department of Correction, the Governor’s Office and other state agencies. It also included review of documents obtained from CCA, depositions and pleadings in the related civil proceedings, and interviews of numerous witnesses.
“In assessing whether CCA, or anyone at CCA, violated federal fraud statutes by falsifying staffing rosters, the FBI and assigned prosecutors in this office looked closely at the contract between the state and CCA,” said Olson. “Under the contract’s terms, the state did not directly reimburse CCA for guard or staff hours worked. Rather, all evidence showed that the reimbursement was based on the number of inmates. Where contract terms, such as adequate staffing, were violated, the state had the option of obtaining liquidated damages for the contract violations. Evidence showed that CCA and ICC employees responsible for billing were unaware of the staffing issues or the falsified rosters. This evidence supports the finding that neither CCA nor its employees acted with the intent to defraud.”
The state of Idaho entered into a $1 million civil settlement with CCA in February 2014, prior to Governor Otter directing the Idaho State Police to conduct a criminal investigation. Prior to February 2014, media outlets reported that the Idaho State Police were conducting a criminal investigation. Those reports were based in part on an Idaho Department of Correction employee testifying in federal court in August of 2013 that the Idaho State Police were conducting such an investigation. Throughout 2013, Idaho Department of Correction and Idaho State Police representatives met regularly to address the inaccurate rosters and understaffing at ICC. In addition, the state of Idaho had retained independent auditing firm KPMG to conduct an audit of the staffing entries for 2012. “The evidence obtained during the investigation showed that although Idaho State Police representatives in the meetings never affirmatively represented that they were conducting a criminal investigation and consistently referred to the matter as civil, some Idaho Department of Correction employees believed that a criminal investigation was ongoing based on other statements and actions of Idaho State Police representatives,” said Olson. “Representatives from neither agency made further inquiry or attempted to publicly correct this incorrect assumption. While these miscommunications ultimately gave rise to suspicion of an effort to delay, hinder or influence a state criminal investigation, such miscommunications, unsupported by any other evidence, do not rise to the level of criminal conduct.”
Olson noted that the FBI investigation did not focus on whether understaffing resulted in additional violence within CCA, as alleged in various civil lawsuits brought against CCA and ICC. “The investigating FBI agents were certainly familiar with the allegations in the civil lawsuits but did not identify any evidence that would support a criminal civil rights charge,” said Olson. Olson noted that the FBI had previously conducted an investigation into inmate-on-inmate assaults at the Idaho Correctional Center and that her office had declined prosecution in October 2013 of any criminal civil rights charges based on evidence gathered in that separate investigation.
Twin Falls Former Pharmacy Technician Sentenced for Diverting Controlled SubstancesRead the Press Release
BOISE – Krista Federer, 46, of Twin Falls, Idaho, was sentenced today to 12 months and one day in prison for distributing a controlled substance, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Federer to serve three years of supervised release, and to pay a $1,000 fine.
According to the plea agreement, Federer worked as a pharmacy technician in a pharmacy in Twin Falls, Idaho. She stole and sold bottles of controlled substance prescriptions from the pharmacy stock to another individual without a prescription and outside the normal course of standard pharmacy practice. Generally, Federer arranged for the sales by text message and then put pill bottles in her car glove box in the pharmacy parking lot, where another individual retrieved the controlled substances and left payments. Specifically, on October 6, 2014, Federer illegally sold two bottles, each containing 100 pills of 20 mg oxycodone, and two bottles, each containing 100 pills of Dilaudid 4 mg (hydromorphone) for a total of $1,200. On October 14, 2014, Federer committed a similar diversion of controlled substances from her employer pharmacy by placing in her glove box three bottles, each containing 100 pills of oxycodone 30 mg, in exchange for $1,500. All of these are Schedule II controlled substances.
The case was initiated and investigated by the Twin Falls Police Department, and 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.
California Woman Sentenced to 192 Months in Drug Trafficking and Money Laundering CaseRead the Press Release
POCATELLO - Reynalda Estrada-Gutierrez, 38, of Bakersfield, California, was sentenced today to 192 months in prison for drug trafficking and money laundering, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Estrada-Gutierrez to forfeit $92,880 in cash proceeds of the charged offenses, and imposed a $500 fine. Judge Winmill further ordered Estrada-Gutierrez to turn over a firearm she possessed in connection with her crimes, and to forfeit her residence, which was acquired with drug trafficking proceeds and used to launder money. Judge Winmill ordered Estrada-Gutierrez to serve five years of supervised release if she is not deported to Mexico once she has completed her prison term. She pleaded guilty on December 9, 2014.
According to court records, Estrada-Gutierrez distributed just over 900 grams of methamphetamine in the Burley, Idaho, area between April and November 2013. During the same time period, she arranged to be paid for the methamphetamine through cash deposits and wire transfers into various bank accounts. Estrada-Gutierrez’s codefendants have all pleaded guilty to their roles in the drug trafficking and money laundering activities.
Codefendant Angelina Nava was sentenced January 15, 2015, to 28 months in prison and three years of supervised release. Codefendant Porfirio Gutierrez was sentenced on March 10, 2015, to 90 months in prison and four years of supervised release. Codefendant Raquel Rios was sentenced on November 18, 2014, to 27 months in prison. The last codefendant, Araxy Suarez, is scheduled to be sentenced by Judge Winmill at the federal courthouse in Pocatello on June 2, 2015.
The case was investigated by the Minidoka and Cassia County Sheriffs’ Offices and Idaho State Police, with assistance from U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations, the Drug Enforcement Administration, the U.S. Department of Treasury, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Chubbuck Man Indicted for Wire Fraud and Theft of Government FundsRead the Press Release
BOISE - Travis John Attanasio, 53, of Chubbuck, Idaho, was indicted yesterday by a federal grand jury in Boise for wire fraud and theft of government funds, U.S. Attorney Wendy J. Olson announced.
The indictment alleges that between June 29, 2012, and October 30, 2014, Attanasio defrauded a disabled veteran and the federal government of $259,563.12. Attanasio served as the fiduciary for the veteran and instead of conserving the veteran’s funds and monthly benefits from the Veteran’s Administration and Social Security Administration, he spent them at various retail and online vendors. The indictment further alleges that during the time Attanasio received and spent the funds, he knew that the veteran lived in a state veteran’s home and was disabled.
The charge of 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. The charge of theft of government funds is punishable by up to 10 years in prison, a maximum fine of $250,000.00 and up to three years of supervised release.
The case is being jointly investigated by the U.S. Department of Veteran Affairs Office of Inspector General and the Social Security Administration Office of Inspector General with assistance from the Pocatello Police Department. The case is being prosecuted by a Special Assistant U.S. Attorney as part of a partnership venture between the Social Security Administration Office of General Counsel and the United States Attorney’s Office to prosecute social security fraud.
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.
Nampa Woman Pleads Guilty to Charge of Use of Interstate Commerce Facilities in the Commission of Murder-for-HireRead the Press Release
BOISE – Monique Christine Martinez, 32, of Nampa, Idaho, pleaded guilty yesterday to one count of use of interstate commerce facilities in the commission of murder-for-hire, U.S. Attorney Wendy J. Olson announced. Martinez was indicted by a federal grand jury on November 13, 2014.
According to court documents, Martinez contacted an individual by Facebook in California in order to hire someone to kill her husband. On October 17, 2014, Martinez met with an undercover agent, whom she believed was a hit man. Martinez advised the undercover agent that she wanted her husband dead and provided the agent with $350 in U.S. currency and promised additional payment later in the week. She provided the agent with a hand written note, which contained her husband’s name, the address of his employment and the address of his mother’s home, where he was recently living. Martinez showed the agent photographs of her husband on her smartphone, provided his work schedule, described his tattoos, and described the vehicle he drove. Martinez suggested that the best time to kill her husband was either as he got off work or when he was leaving his gym. Martinez was arrested in Nampa on October 22, 2014, at her residence in Nampa.
Using interstate commerce facilities in the commission of murder-for-hire is punishable by up to ten years in prison, a $250,000 fine, and three years of supervised release. Martinez will be sentenced on August 5, 2015, before Chief U.S. District Judge B. Lynn Winmill.
The case was investigated by the Treasure Valley Metro Violent Crimes Task Force. 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.
Two More Defendants from Georgia Plead Guilty in Credit Card Fraud SchemeRead the Press Release
BOISE – Rashine Kale, 38, and Jean Estinville, 26, both of Lawrenceville, Georgia, each pleaded guilty today to one count of conspiracy to commit wire fraud and one count of aggravated identity theft for their roles in a credit card fraud scheme that targeted local retailers in October of 2014, U.S. Attorney Wendy J. Olson announced.
According to the plea agreements, Kale and Estinville each admitted to traveling to the District of Idaho, along with their co-defendants, for the purpose of making fraudulent purchases of gift cards and prepaid debit cards from retail stores, using stolen credit card numbers encoded onto stock debit cards. Both Kale and Estinville admitted to obtaining the stock debit cards encoded with unauthorized credit card numbers, and making purchases at retail stores on October 5, 2014.
In his plea agreement, Kale admitted to traveling to seven separate retail stores, and making 21 total purchases, using eight different credit card numbers that he was not authorized to use. Upon his arrest, officers found 188 access devices in his rental vehicle, consisting of various gift cards and pre-paid debit cards, and three gift cards in his possession. Sentencing is set for July 22, 2015, before Chief U.S. District Judge B. Lynn Winmill.
In his plea agreement, Estinville admitted to traveling to three separate retail stores, and making 14 total purchases, using six different credit card numbers that he was not authorized to use. Upon his arrest, officers found 55 access devices in his rental vehicle, consisting of various gift cards and pre-paid debit cards, as well as a Citizen EcoDrive watch in his possession that was purchased with an unauthorized credit card number. Sentencing is set for August 4, 2015, before Judge Winmill.
Conspiracy to commit wire fraud is punishable by up to 20 years imprisonment, a $250,000 fine, a term of supervised release of not more than three years, and a $100 special assessment. 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, a maximum fine of $250,000, and a special assessment of $100. As part of their pleas, the defendants also agreed to forfeit $49,953.41 in cash proceeds of the charged offenses.
Kale and Estinville were indicted, along with Rakeen Anderson, 31, of Atlanta, Georgia, Kyandre Banks, 34, of Lilburn, Georgia, Clarence Collins, 34, of Douglasville, Georgia, Mikki Williams, 24, of Atlanta, Georgia, Charles Moore, 25, of Stone Mountain, Georgia, Jonathan Penn, 20, of Suwanee, Georgia, Terrance Barimah, 26, of Floranceville, Georgia, and Brian Treadwell, 25, of Buford, Georgia, on charges relating to a wire fraud and identity theft scheme. Collins, Banks, Estinville, Kale, Moore, Penn, Williams and Treadwell were each charged with conspiracy to commit wire fraud, wire fraud, and aggravated identity theft. Anderson was charged with conspiracy to commit wire fraud and wire fraud. Barimah was charged with conspiracy to commit wire fraud and illegal possession of device-making equipment.
Co-Defendant Rakeen Anderson is scheduled for a change of plea hearing before Chief U.S. Magistrate Candy W. Dale on May 26, 2015. Co-defendants Treadwell and Williams are scheduled for sentencing on June 16, 2015. Co-defendant Clarence Collins is scheduled for sentencing on June 17, 2015. Co-defendant Charles Moore is scheduled for sentencing on July 7, 2015. Co-defendants Jonathan Penn and Terrance Barimah are scheduled for sentencing on July 8, 2015. The defendants will be sentenced before Judge Winmill. Co-defendant Kyandre Banks remains a fugitive.
The case was investigated by the United States Secret Service and the Boise Police Department.
Eighth Guilty Plea in Norteno InvestigationRead the Press Release
BOISE – Kenny P. Breedlove, 35, of Porterville, California, pleaded guilty today in United States District Court to possession of methamphetamine with intent to distribute, U.S. Attorney Wendy J. Olson announced. Breedlove was indicted by a federal grand jury on November 14, 2014.
According to the plea agreement, Breedlove admitted that on October 6, 2014, he possessed methamphetamine that he intended to distribute to another person. On that date, Nampa Police officers conducted a traffic stop of a vehicle Breedlove was driving. Breedlove told officers the vehicle belonged to him. A police drug-detection dog sniffed the vehicle and alerted to the odor of illegal drugs. Police officers searched the vehicle and located a loaded 9 millimeter pistol, 337 grams of methamphetamine, and digital scales. As part of his plea agreement, Breedlove admitted that he possessed the pistol in connection with the drug offense.
The charge of possession of methamphetamine with intent to distribute is punishable by a minimum term of imprisonment of five years and up to forty years, a maximum fine of $5 million, and a minimum term of four years supervised release. Breedlove is scheduled to be sentenced on August 3, 2015, by Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise.
Breedlove 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, one defendant has been sentenced. Guadalupe Serrano 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. Breedlove was the eighth defendant to plead guilty. The others that have pleaded guilty include Johnny Lee Martinez, 33, Guillermo Farias Jr., 29, Jose Manuel Menchaca, 35, Nicole Danelle Nieto, 31, Brandi Marie Larrea, 31, and Tara Noelle Rivera, 30, all from Nampa. Three others are scheduled for trial including Michael David Bradshaw, 31, Richard Lobato, 51, both from Nampa, and Isaac Bright, 21, from Caldwell. Three other defendants have outstanding warrants, including Jose Enrique Olvera Jr., 51, Ruben Rodriguez, 36, and Veronica Cantu, 26, all from Nampa.
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.
Rathdrum Man Sentenced to Prison for Possession of Child Pornography ChargeRead the Press Release
COEUR D'ALENE - Randy James Hirst, 58, of Rathdrum, Idaho, was sentenced yesterday to 36 months in prison for possessing child pornography, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Hirst to pay $3,000 to a child in one of the images Hirst possessed, and to serve ten years of supervised release upon his release from prison. Hirst pleaded guilty to the charge on January 21, 2015.
According to the plea agreement, Hirst’s computer was identified as making child pornography available in an internet based peer to peer network. A U.S. Secret Service agent discovered Hirst’s online activity and in July 2013, a federal search warrant was served on Hirst’s Rathdrum residence. Investigators seized Hirst’s computers and later found that they contained nine videos and three-hundred images of children engaged in sexually explicit acts. A forensic analysis revealed that Hirst used search terms to find sexually explicit images of preteen girls. During the sentencing hearing, Hirst admitted that he committed the crime and apologized to the Court and his family.
The case was investigated through the collaborative effort of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), United States Secret Service, United States Border Patrol, and United States Customs and Border Protection. 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.”
Plummer Man Sentenced for Breaking Cousin’s JawRead the Press Release
COEUR D'ALENE - Desmond J. Seyler, 26, of Plummer, Idaho, was sentenced yesterday to 15 months in prison for assault resulting in serious bodily injury, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Seyler to serve three years of supervised release, and to pay $20,008.27 in restitution. Seyler pleaded guilty on August 12, 2014.
According to the plea agreement, Seyler admitted that he fractured his cousin’s jaw when he hit her in the face. Seyler was intoxicated at the time he committed the crime. he case was prosecuted in federal court because the offense happened on the Coeur d'Alene Indian Reservation and both Seyler and his victim are members of federally recognized tribes. During sentencing Judge Winmill recognized the defendant’s efforts in engaging in treatment and embracing sobriety.
The case was investigated by the Coeur d’Alene Tribal Police and the Federal Bureau of Investigation (FBI).
Defendant Admits to Murder on Nez Perce Indian ReservationRead the Press Release
COEUR D'ALENE - Raymond Antoine Scott, Jr., 38, of Lapwai, Idaho, pleaded guilty today to second degree murder, U.S. Attorney Wendy J. Olson announced. Scott was indicted by a federal grand jury in Coeur d'Alene on March 18, 2014.
According to the plea agreement, Scott admitted that on July 9, 2013, he intentionally struck William Reich, who was known as Bear on the reservation, on the left side of the head with a sharp object. That blow resulted in a fracture to Reich's skull that damaged his brain and caused his death. After the defendant struck Reich, he went to several residences where he admitted to killing Reich. The case was in federal court because the defendant and the victim are both enrolled members of the Nez Perce Indian Tribe, and the crime occurred on the Nez Perce Indian Reservation.
The charge of second degree murder is punishable by up to life in prison, a maximum fine of $250,000.00, and up to five years of supervised release.
Sentencing is set for July 28, 2015, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Coeur d'Alene.
“While no criminal prosecution can bring back the life of William Reich, we are hopeful that bringing his murderer to justice will provide the family and community an opportunity to heal,” said Olson.
The case was investigated by Federal Bureau of Investigation (FBI), Nez Perce Tribal Police and the Lewiston Police Department.
Worley Women Sentenced for Theft from Coeur d'Alene TribeRead the Press Release
COEUR D'ALENE - Twilla Marie St. Pierre, 37, of Worley, Idaho, was sentenced today to five years of probation for theft from a tribal organization, the Benawah Market, U.S. Attorney Wendy J. Olson announced. U.S. District Judge William Fremming Nielsen, from the Eastern District of Washington, also ordered St. Pierre to pay restitution in the amount of $2,978.54 to the Coeur d’Alene Tribe, and $19,686.50 to Travelers Claims Hartford. St. Pierre pleaded guilty on February 3, 2015.
According to the plea agreement, St. Pierre admitted that on August 21, 2014, she, along with two others entered the closed market and stole cash and checks totaling approximately $22,650.
The case was investigated by Coeur d’Alene Tribal Police and Federal Bureau of Investigation (FBI).
Member of “Traveling Group” of Fraudsters SentencedRead the Press Release
BOISE — Brandt Stewart, 29, from Southfield, Michigan, was sentenced today to 32 months in prison for aggravated identity theft and credit card fraud, U.S. Attorney Wendy J. Olson announced. U.S. District Judge B. Lynn Winmill also ordered Stewart to serve three years of supervised release following his release from prison.
Stewart, co-defendant Myron Pardon, and others were part of a “traveling group” from Detroit, Michigan, that traveled to southern Idaho in December 2013, and February 2014, to make purchases at large “box stores” using counterfeit credit cards. Stewart, knowingly and with intent to defraud, used counterfeit credit cards to purchase “general use” charge cards at ten stores in Twin Falls, Boise and Meridian, causing losses in the amount of $8,906 in joint and several liability with co-defendant Myron Pardon. Some of the credit cards fraudulently used by Stewart belonged to actual account holders, thus constituting aggravated identity theft.
Stewart’s co-defendant Myron Pardon entered a plea of guilty and was sentenced on similar charges to 18 months incarceration on February 3, 2015, before Judge Winmill at the federal courthouse in Boise, Idaho. The case of Stewart’s co-defendant, Matthew Lane, has been transferred to the United States District Court for the Eastern District of Michigan, in Detroit, where Lane has pleaded guilty and will be sentenced on May 19, 2015.
"Vigorous prosecution of those who travel here to carry out schemes to defraud Idaho citizens and businesses is a priority of this United States Attorney’s Office,” said Olson. “My office will work effectively and aggressively with local police departments and federal law enforcement agencies to put a quick end to these schemes.”
The case is the result of a joint investigation of the Boise Police Department and the United States Secret Service.
Lapwai Man Pleads Guilty to Abusive Sexual Contact with a ChildRead the Press Release
COEUR D'ALENE - Gaylen K. Broncheau, 62, of Lapwai, Idaho, pleaded guilty today to abusive sexual contact with a child under twelve, U.S. Attorney Wendy J. Olson announced. Broncheau was indicted by a federal grand jury in Coeur d'Alene on November 18, 2014.
According to the plea agreement, between 2008 and 2011, on the Nez Perce Indian Reservation, Broncheau had sexual contact with a child, touching the child’s genitals with his fingers, over the child’s underwear. The plea agreement states the child was under twelve when this occurred.
The charge is punishable by up to life in prison, up to lifetime supervised release following any prison sentence, and a maximum fine of $250,000.
Sentencing is set for August 18, 2015, before U.S. District Judge Edward J. Lodge at the federal courthouse in Coeur d'Alene.
The case was investigated by the Federal Bureau of Investigation (FBI), Nez Perce Tribal Police, Idaho State Police, and the Coeur d’Alene Police Department.
Kamiah Woman Pleads Guilty to Assaulting, Resisting and Impeding a FBI AgentRead the Press Release
COEUR D'ALENE - Pennie Sue Moffett, 41, of Kamiah, Idaho, pleaded guilty today to assaulting, resisting, and impeding an officer of the United States, U.S. Attorney Wendy J. Olson announced. Moffett was indicted by a federal grand jury in Coeur d'Alene on May 20, 2014.
According to the plea agreement, on March 27, 2014, Moffett obstructed, impeded, and assaulted an FBI Agent who was engaged in his official duties by resisting arrest and kicking the agent. The plea agreement states the FBI agent did not suffer bodily injury as a result of Moffett’s conduct.
The charge is punishable by up to eight years in prison, a maximum fine of $250,000, and up to three years of supervised release.
Sentencing is set for July 21, 2015, before U.S. District Judge Edward J. Lodge at the federal courthouse in Coeur d'Alene.
The case was investigated by the Federal Bureau of Investigation (FBI) and Nez Perce Tribal Police.
California Woman Sentenced for Wire Fraud and Aggravated Identity Theft for Retail Fraud SchemeRead the Press Release
BOISE – Rocio Contreras-Loya, 40, of Sante Fe Springs, California, was sentenced to 24 months in federal prison for wire fraud and aggravated identity theft, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Contreras-Loya to serve three years of supervised release, to pay $15,443.80 in restitution, and to forfeit $26,777.13 in cash proceeds of the charged offenses. Contreras-Loya pleaded guilty on January 30, 2015.
According to the plea agreement, Contreras-Loya engaged in a retail scheme between July 2013 and July 2014, whereby she defrauded retail stores by applying for, and obtaining, credit accounts in the identities of unknowing third party victims. Contreras-Loya then used the credit accounts to fraudulently purchase merchandise and gift cards. Contreras-Loya admitted she received, from her co-defendant Arleen Cifuentes, victim identification information and false California driver's licenses in the victims' names, containing Contreras-Loya's photo. Contreras-Loya admitted that she and her co-defendants executed the scheme on at least fifteen occasions in the District of Idaho. Cifuentes and Contreras-Loya were arrested shortly after executing the scheme at the Boise Town Square Mall.
Co-defendant Arleen Cifuentes pleaded guilty to one count of wire fraud and one count of aggravated identity theft on January 27, 2015. Her sentencing is scheduled for May 27th before Chief U.S. District Judge B. Lynn Winmill. Co-defendant Ivan Fonseca remains a fugitive.
The case was investigated by the United States Secret Service and the Boise Police Department.
Three More Defendants from Georgia Plead Guilty in Credit Card Fraud SchemeRead the Press Release
BOISE – Charles Moore, 25, of Stone Mountain, Georgia, Jonathan Penn, 20, of Suwanee, Georgia, and Terrance Barimah, 26, of Floranceville, Georgia, each pleaded guilty yesterday in United States District Court for their roles in a credit card fraud scheme that targeted local retailers in October of 2014, U.S. Attorney Wendy J. Olson announced. The defendants were indicted on November 13, 2014.
Moore pleaded guilty to one count of conspiracy to commit wire fraud and one count of aggravated identity theft. According to the plea agreement, Moore traveled to the District of Idaho, along with his co-defendants, for the purpose of making fraudulent purchases of gift cards and prepaid debit cards from retail stores, using stolen credit card numbers encoded onto stock debit cards. Moore admitted to obtaining the stock debit cards encoded with unauthorized credit card numbers, and making purchases at retail stores on October 5, 2014. In all, Moore admitted to traveling to five separate retail stores, and making 29 total purchases, using nine different credit card numbers that he was not authorized to use. Upon his arrest, Moore was found in possession of $2,740 in cash and 43 gift cards and pre-paid debit cards. Sentencing is set for July 7, 2015, before Chief U.S. District Judge B. Lynn Winmill.
Penn pleaded guilty to one count of conspiracy to commit wire fraud. According to the plea agreement, Penn traveled to the District of Idaho, along with his co-defendants, for the purpose of making fraudulent purchases of gift cards and prepaid debit cards from retail stores, using stolen credit card numbers encoded onto stock debit cards. Penn admitted to obtaining the stock debit cards encoded with unauthorized credit card numbers, and making purchases at retail stores on October 5, 2014. In all, Penn admitted to traveling to five separate retail stores, and making 24 total purchases, using six different credit cards numbers that he was not authorized to use. Upon his arrest, Penn was found in possession of three debit cards encoded with unauthorized credit card numbers, and 30 gift cards. Sentencing is set for July 8, 2015, before Chief U.S. District Judge B. Lynn Winmill.
Barimah pleaded guilty to one count of illegal possession of device-making equipment. According to the plea agreement, Barimah traveled to the District of Idaho, along with his co-defendants, for the purpose of making fraudulent purchases of gift cards and prepaid debit cards from retail stores, using stolen credit card numbers encoded onto stock debit cards. Barimah admitted obtaining blank stock pre-paid debit cards from his co-defendants, and encoding them with credit card numbers belonging to real individuals who had not authorized the defendant or his co-defendants to make purchases on the accounts. Barimah provided the debit cards encoded with unauthorized credit card numbers to his co-defendants, and expected to receive cash payment and/or a portion of the proceeds of the fraud. Upon his arrest, Barimah was found in possession of 41 gift cards representing the proceeds of the fraud, a laptop computer, and a "mini magnetic strip card reader/writer" that was used to encode the cards. Sentencing is set for July 8, 2015, before Chief U.S. District Judge B. Lynn Winmill.
Conspiracy to commit wire fraud is punishable by up to 20 years in prison, a $250,000 fine, a term of supervised release of not more than three years, and a $100 special assessment. 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, a maximum fine of $250,000, and a special assessment of $100. Illegal possession of device-making equipment is punishable by up to 15 years imprisonment, a $250,000 fine, a term of supervised release of not more than three years, and a $100 special assessment. As part of their pleas, the defendants also agreed to forfeit $49,953.41 in cash proceeds of the charged offenses.
Moore, Penn, and Barimah were indicted, along with Rakeen Anderson, 31, of Atlanta, Georgia, Kyandre Banks, 34, of Lilburn, Georgia, Jean Estinville, 26, of Lawrenceville, Georgia, Rashine Kale, 38, of Lawrenceville, Georgia, Clarence Collins, 34, of Douglasville, Georgia,
Mikki Williams, 24, of Atlanta, Georgia, and Brian Treadwell, 25, of Buford, Georgia, on charges relating to a wire fraud and identity theft scheme. Collins, Banks, Estinville, Kale, Moore, Penn, Williams and Treadwell were each charged with conspiracy to commit wire fraud, wire fraud, and aggravated identity theft. Anderson was charged with conspiracy to commit wire fraud and wire fraud. Barimah was charged with conspiracy to commit wire fraud and illegal possession of device-making equipment.
Co-defendant Brian Treadwell is scheduled for sentencing before Chief U.S. District Judge B. Lynn Winmill on June 16, 2015. Co-defendant Clarence Collins is scheduled for sentencing before Chief U.S. District Judge B. Lynn Winmill on June 17, 2015. Co-defendant Mikki Williams is scheduled for sentencing before Chief U.S. District Judge B. Lynn Winmill on June 16, 2015. Co-defendant Rashine Kale is scheduled for a change of plea hearing before Chief U.S. Magistrate Candy W. Dale on May 12, 2015. Co-Defendant Rakeen Anderson is scheduled for a change of plea hearing before Chief U.S. Magistrate Candy W. Dale on May 26, 2015. Co-Defendant Jean Estinville is set for a change of plea hearing on a date to be scheduled. Co-defendant Kyandre Banks remains a fugitive.
The case was investigated by the United States Secret Service and the Boise Police Department.