District of Idaho
Press releases recorded for this federal judicial district.
Boise Man Pleads Guilty to Possession of Firearms in Furtherance of a Drug Trafficking CrimeRead the Press Release
BOISE – Anton Philip Raider, 22, of Boise, Idaho, pleaded guilty to one count of possessing firearms in furtherance of a drug trafficking crime, U.S. Attorney Wendy J. Olson announced.
According to court proceedings, a search warrant was served on the defendant’s Boise residence on May 9, 2014. Law enforcement found approximately three pounds of marijuana in a safe in the defendant’s bedroom. Next to the safe, law enforcement found four firearms: a .32 semi-automatic pistol, a semi-automatic AK-47 Kalshnikov variant, a semi-automatic SKS rifle, and a bolt-action rifle. Raider admitted that he knowingly possessed the firearms in furtherance of his drug trafficking crime of possession with intent to distribute marijuana.
The maximum penalty for possession of firearms in furtherance of a drug trafficking crime is at least five years in prison and not more than life, which must be consecutive to any other sentence, a $250,000 fine, at least five years of supervised release and $100 special assessment. The sentencing is set for April 20, 2015, before U.S. District Judge Edward J. Lodge.
The case was investigated by the Boise City Police Department and the Drug Enforcement Administration.
Tensed Man admits Assault on Tribal MemberRead the Press Release
COEUR D'ALENE - Mark Allen Daves, 51, of Tensed, Idaho, pleaded guilty today to assault, U.S. Attorney Wendy J. Olson announced. Daves was charged by an information filed by the U.S. Attorney on January 6, 2015.
According to court documents, Daves admitted that on September 6, 2014, he knowingly and intentionally struck a tribal member with a shotgun.
The charge of assault is punishable by up to one year in prison, a maximum fine of $100,000.00, and up to one year of supervised release.
Sentencing is set for April 22, 2015, before U.S. Magistrate Judge Candy W. Dale at the federal courthouse in Coeur d'Alene.
The case was investigated by CDA Tribal Police and Federal Bureau of Investigation (FBI).
Rathdrum Man Pleads Guilty to Federal Child Pornography ChargeRead the Press Release
COEUR D'ALENE - Randy James Hirst, 57, of Rathdrum, Idaho, pleaded guilty today to possession of sexually explicit images of minors, U.S. Attorney Wendy J. Olson announced. Hirst was indicted by a federal grand Jury in Coeur d'Alene on October 21, 2014.
According to the plea agreement, Hirst downloaded sexually explicit images of minors from the Internet in 2013. These images were found during a July 2013, search warrant served on his Rathdrum residence. A forensic review of seized items found three-hundred photos, and nine videos of children engaged in sexually explicit conduct including images of prepubescent minors. The forensic review also revealed that Hirst had used computer search terms consistent with a person trying to obtain child pornography. The National Center for Missing and Exploited Children determined that Hirst’s collection included images of minors from multiple states, including Idaho and Washington, and from several foreign countries.
The charge of possession of sexually explicit images of minors is punishable by up to 10 years in prison, a maximum fine of $250,000.00, and lifetime supervised release.
Sentencing is set for May 5, 2015, before Chief United States District Judge B. Lynn Winmill at the federal courthouse in Coeur d'Alene.
The case was investigated through the collaborative effort of the U.S. Department of Homeland Security and United States Secret Service. 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.”
Former Athol City Clerk Admits EmbezzlementRead the Press Release
COEUR D’ALENE - Sally R. Hansen, 39, formerly of Athol, Idaho, pleaded guilty to 15 counts of wire fraud, U.S. Attorney Wendy J. Olson announced. The charge stemmed from Hansen’s years as the City Clerk of Athol from 2009 to 2014.
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 maximum penalty for each count is up to 20 years in prison, a $250,000 fine, three years of supervised release and $100 special assessment. As part of her guilty plea, Hansen agreed to make $417,879.00 in restitution to the City of Athol. The sentencing is set for May 5, 2015, before Chief U.S. District Judge B. Lynn Winmill.
The case was investigated by the Kootenai County Sheriff’s Department and the United States Secret Service.
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.
Woman Sentenced in Federal Court for Committing Bankruptcy FraudRead the Press Release
Pocatello - RaeLeigh Day, 42, of Burley, Idaho, was sentenced today in United States District Court to three years of probation for bankruptcy fraud, U.S. Attorney Wendy J. Olson announced. Day pleaded guilty to the charge on October 29, 2014.
According to the plea agreement, Day filed for bankruptcy in December 2009 and omitted from the filed petitions, schedules, and statement of financial affairs a Honda four-wheeler and a Honda ATV. Day’s electronic signatures verified the truthfulness of the filed documents under penalty of perjury. After a meeting of creditors, Day filed amended paperwork listing a 2005 Honda four-wheeler worth $480 and a 2004 Honda ATV worth $860, describing both vehicles as being in need of “major work.” Day again verified the information under penalty of perjury. When the Chapter 7 trustee requested information about the ATVs, Day provided a letter stating that the ATVs were wrecked and attached photographs of wrecked ATVs. The ATVs in the photographs, however, were not the ATVs in question in the bankruptcy proceeding. The chapter 7 trustee obtained possession of the actual ATVs and confirmed they were not the ATVs in the pictures. Day’s ATVs were in good condition, and the trustee sold them for $3,500. Day admitted in court that she provided the photographs and other false information with the intent to mislead and conceal the assets from the chapter 7 trustee, in order to influence or prevent the trustee from seizing and selling the ATVs in the course of the bankruptcy proceedings.
“Those who seek the protection of the U.S. bankruptcy court have a firm obligation to be truthful and to make appropriate disclosures,” said Olson. “This office is committed to seeking appropriate penalties for those who instead choose to conceal and mislead.”
The case was investigated by the Internal Revenue Service, Criminal Investigations.
Eighth Oxycodone and Heroin Distribution Ring Member Sentenced in Federal CourtRead the Press Release
BOISE – Christopher Deleongurro Snyder, 24, of Boise, Idaho, Wednesday became the latest member of a Treasure Valley oxycodone and heroin distribution ring to be sentenced to federal prison, U.S. Attorney Wendy J. Olson announced. U.S. District Court Judge Edward J. Lodge sentenced Snyder on January 14, 2015, to 87 months in prison followed by five years of supervised release for conspiracy to distribute oxycodone. Judge Lodge also ordered Snyder to complete 200 hours of community service and forfeit $1,000,000 in cash proceeds. Judge Lodge found that Snyder was a manager and supervisor of an extensive criminal organization. Snyder was the eighth defendant sentenced as a result of the dismantling of a large-scale trafficking ring which distributed heroin and tens of thousands of oxycodone pills throughout Boise between 2012 and March of 2014. He pleaded guilty to the charge on September 10, 2014.
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.
“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.”
Of the remaining indicted co-conspirators, Jordan Baptista, 19, of Boise, Idaho, is set for sentencing on March 9, 2015, for conspiracy to distribute oxycodone and heroin. Travis Fraser, 19, of Boise, Idaho, is set for sentencing on April 6, 2015, for conspiracy to distribute oxycodone. James Acarregui, 29, of Boise, Idaho, is set for a change of plea on January 21, 2015, on one count of conspiracy to distribute oxycodone. Austin Serb, 20, of Boise, Idaho, is set for a change of plea on January 27, 2015, on one count of conspiracy to distribute oxycodone. Andrew Colwell, 23, of Boise, Idaho, is set for jury trial on March 10, 2015. Ajellon Dedeaux, 26, of Rancho Cordova, California, is set for jury trial on March 24, 2015.
The case was investigated by the Drug Enforcement Administration and the Boise Police Department as an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation. OCDETF partners include the Federal Bureau of Investigation; Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Immigration and Customs Enforcement’s (ICE); Homeland Security Investigations (HSI); Internal Revenue Service-Criminal Investigation; and U.S. Marshals Service.
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.
Oakley Man Pleads Guilty to Attempted Sexual Exploitation of a Minor ChildRead the Press Release
Defendant Admits he Attempted to Produce Child Pornography
POCATELLO - Ray Carl Short, 66, of Oakley, Idaho, pleaded guilty today to attempted sexual exploitation of a minor child, U.S. Attorney Wendy J. Olson announced. Olson said that as a part of his plea, Short admitted using a hidden security camera to attempt to capture images of a minor victim engaged in sexually explicit conduct. Short was charged by Information in Pocatello on December 22, 2014.
According to the plea agreement, a special agent with Homeland Security Investigations (HSI), Wilmington, Delaware, utilized a covert account on a peer-to-peer network to download 26 child pornography images and videos 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. The National Center for Missing and Exploited Children identified the victims in 345 of the images, 16 of the video files, and in 64 documented “Series” of child pornography.
In a folder located on Short’s computer hard drive and named for an additional minor victim, law enforcement agents found six video files and nine image files of the victim, several of which depicted the minor engaged in sexually explicit conduct. Additional similar videos and images of the victim were located in sub-folders. A review of the security camera’s memory card revealed recently recorded video files of the victim nude and getting ready for bed, and of the defendant placing the camera in, and retrieving it from, concealed locations of the victim’s bedroom.
On the day of the search warrant execution, 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 such conduct.
The charge of attempted sexual exploitation of a minor is punishable by 15 to 30 years in prison, a maximum fine of $250,000, and a term of supervised release of five years to life.
Sentencing is set for April 8, 2015, before U.S. Chief District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
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.
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.”
Boise Man Pleads Guilty to Internet Sex CrimeRead the Press Release
BOISE - William Bryon Chest, 41, of Boise, Idaho, pleaded guilty today to transfer and attempted transfer of obscene images to minors, U.S. Attorney Wendy J. Olson announced. Sentencing is scheduled for March 26, 2015, before United States District Judge Edward J. Lodge.
According to the plea agreement, in April and May 2014, Chest sent sexually explicit images accompanied by graphic sexual messages to a 13-year-old girl from Oregon. The girl notified the FBI in Portland and an agent took over her identity and continued to communicate with Chest. According to the plea agreement, Chest made similar online advances and sent obscene images to the undercover agent. Chest was arrested at his home in Boise on September 25, 2014, and remains in custody.
The charge of transfer of obscene images to a minor is punishable by up to ten years imprisonment, a fine of up to $250,000.00, and up to three years supervised release.
The case was investigated by the Federal Bureau of Investigation in Portland and Boise, assisted by officers from the Boise Police Department.
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.”
Tujunga, California Man Pleads Guilty to Credit Card Fraud for Installing Skimming Devices in Gas PumpsRead the Press Release
BOISE – Vachik Babayan, 42, of Tujunga, California, pleaded guilty today in federal court to one count of access device fraud for possessing fifteen or more unauthorized credit card account numbers, U.S. Attorney Wendy J. Olson announced. Sentencing is set before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise on April 20, 2015.
As described in the plea agreement, Vachik 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 were installed inside the gas pumps. They 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, for later retrieval.
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, 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. One of these captures was Babayan’s account information.
Possession and attempted possession of fifteen or more counterfeit and unauthorized access devices is punishable by a term of imprisonment of up to ten years, a term of supervised release of not more than three years, a maximum fine of $250,000.00, and a special assessment of $100.
"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.
Twin Falls Woman Pleads Guilty to Controlled Substance DeliveryRead the Press Release
BOISE – Krista Federer, 46, of Twin Falls, Idaho, pleaded guilty today to one count of distributing a controlled substance, U.S. Attorney Wendy J. Olson announced. The controlled substances were prescription medications diverted from the pharmacy where Federer worked, said Olson. Sentencing is set for March 26, 2015, before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.
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.
Boise Man Sentenced for Bankruptcy Fraud for Concealing Interest in BusinessRead the Press Release
BOISE –Steven Gregory, 66, of Boise, was sentenced today to 30 months in prison and three years of supervised release for one count of bankruptcy fraud by asset concealment, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Gregory to pay $165,343 in restitution. Gregory pleaded guilty to the charge on October 21, 2014.
According to the plea agreement, Gregory filed bankruptcy in 2010 and during that bankruptcy proceeding, knowingly and fraudulently concealed a five percent ownership interest in a company. During the pendency of the bankruptcy case, Gregory demanded, and received, a payout of that interest in the amount of $330,464.19. However, Gregory failed to disclose both the ownership interest and the payment in his filed bankruptcy schedules and statements. Gregory intentionally and fraudulently concealed the interest and the payment from the Bankruptcy Court, the trustee, and his creditors.
The case was investigated by the Internal Revenue Service.
Two Florida Women Plead Guilty to Bank Fraud and Aggravated Identity Theft for Check Cashing SchemeRead the Press Release
BOISE – Jennifer A. Gallagher, 31, of Margate, Florida, and Danielle M. Cook, 28, of Pembrooke Pines, Florida, both pleaded guilty today in United States District Court to one count of bank fraud and one count of aggravated identity theft, U.S. Attorney Wendy J. Olson announced. Sentencing for both defendants is set for March 9, 2015, before U.S. District Judge Edward J. Lodge.
Cook and Gallagher were indicted in October 2014, for bank fraud and aggravated identity theft. According to the plea agreements, Cook and Gallagher admitted that, between August 9th and 13th, 2014, they traveled to the District of Idaho to participate in a scheme to defraud financial institutions by cashing stolen checks. In particular, Cook and Gallagher admitted to obtaining stolen checks and driver's licenses, altering their appearances, including by the use of wigs, such that they would closely resemble the photographs on the stolen driver's licenses, then cashing the stolen checks through the far lane of numerous banks in the Treasure Valley. At least twelve such checks were cashed by Cook and Gallagher.
Bank Fraud is punishable by up to 30 years imprisonment, a $1,000,000 fine, a term of supervised release of not more than five 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.
The case was investigated by the FBI, the Ada County Sheriff's Office, the Meridian Police Department, and the Boise Police Department.
Caldwell Restaurant Owner and Music Promoter Sentenced for Tax EvasionRead the Press Release
BOISE – Rogelio Contreras Villasenor, 49, of Caldwell, Idaho, was sentenced yesterday to 41 months in prison for conspiracy to attempt to evade and defeat tax, U.S. Attorney Wendy J. Olson announced. United States District Judge Edward J. Lodge also ordered Villasenor to serve three years of supervised release following his prison sentence and pay a $20,000 fine. He pleaded guilty on July 10, 2014. Last week, Villasenor attempted to withdraw his guilty plea. At yesterday’s sentencing hearing, Villasenor testified under oath that his prior attorney failed to advise him of potential defenses. His prior counsel also testified after Judge Lodge waived his attorney-client privilege. His prior counsel advised Judge Lodge that he had informed Villasenor of any and all potential defenses. Judge Lodge denied his motion to withdraw his guilty plea and ruled that the defendant falsely testified under oath. Villasenor’s sentence was enhanced for obstructing justice.
According to court documents, Villasenor, owned and operated Tacos Michoacan for almost two decades. Villasenor admitted that beginning in 2005, and continuing to 2011, he conspired to fail to report $1,176,506.91 in income. At sentencing, Judge Lodge found that Villasenor derived some of his unreported income from illegal outdoor marijuana grows on public lands, methamphetamine, marijuana, and cocaine trafficking. As part of his plea agreement, Villasenor agreed to civilly forfeit real property, bank accounts, and a vehicle. Additionally, Villasenor agreed to a tax assessment of at least $329,421.93 to the Internal Revenue Service.
The case was the result of a joint investigation of the Organized Crime and Drug Enforcement Task Force (OCDETF), led by the Drug Enforcement Administration, in conjunction with, U. S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Canyon County Narcotics Unit, Meridian Police Department, Ada County Sheriff’s Office, Idaho State Police, and the Mini-Cassia Drug Task Force. Other federal agencies participating in the OCDETF program include the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, 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.
Boise Woman Sentenced to 92 Months in Prison for Drug ChargeRead the Press Release
BOISE – Erica Michelle Luna, 34, of Boise, Idaho, was sentenced to 92 months in prison followed by five years of supervised release for distribution of methamphetamine, U.S. Attorney Wendy J. Olson announced. U.S. Chief District Judge B. Lynn Winmill sentenced Luna at the federal courthouse in Boise. Luna pleaded guilty to the charge on October 2, 2014.
According to information presented in court, Luna sold methamphetamine to an undercover police officer on two occasions in July and August 2013. Luna admitted to selling over 50 grams of methamphetamine to the undercover officer.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Boise Police Department as an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation. OCDETF partners include the Federal Bureau of Investigation; Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Immigration and Customs Enforcement’s (ICE); Homeland Security Investigations (HSI); Internal Revenue Service-Criminal Investigation; and U.S. Marshals Service.
Final DBSI Executive SentencedRead the Press Release
BOISE – Gary Wayne Bringhurst, 47, of Highland, Utah, was sentenced today to five years of probation, a condition of which is 60 days of intermittent imprisonment, for conspiracy to commit securities fraud, U.S. Attorney Wendy J. Olson announced. Bringhurst is the former Chief Operating Officer of DBSI Housing, Inc. Chief United States District Judge B. Lynn Winmill also ordered Bringhurst to pay restitution in an amount to be determined. Bringhurst pleaded guilty on April 8, 2013.
According to the plea agreement, in 2007 and 2008, he conspired with Douglas Swenson, Mark Ellison, David Swenson, and Jeremy Swenson to mislead DBSI investors by: (i) converting for DBSI’s use Accountable Reserve funds belonging to investors in contravention of representations that they would be used for tenant improvements, leasing improvements, and capital improvements to the investors’ properties; (ii) misrepresenting DBSI Housing, Inc.’s financial strength by “netting” millions of dollars of uncollectible accounts receivables from technology company affiliates against accounts payable that were actually paid; (iii) failing to disclose to investors that the DBSI Master Lease portfolio of properties was losing millions of dollars and was not sustainable, in contravention of representations that the Master Lease portfolio was profitable; (iv) failing to disclose that DBSI was reliant on new investor funds to make Master Lease payments and to sustain its overall operations.
Bringhurst is the final DBSI defendant to be sentenced. Previously, in August of 2014, Douglas Swenson, CEO and President of DBSI, was sentenced to 240 months in prison; Mark Ellison, General Counsel of DBSI was sentenced to 60 months in prison; David Swenson, Assistant Secretary of DBSI, was sentenced to 36 months in prison; Jeremy Swenson, Assistant Secretary of DBSI, was sentenced to 36 months in prison. All four men were convicted on April 14, 2014, after trial before a federal jury, of 44 counts of securities fraud. Douglas Swenson was convicted of an additional 34 counts of wire fraud. Their cases are pending appeal.
This case was investigated by IRS Criminal Investigation and the Federal Bureau of Investigation.
Last Three Defendants in Drug Trafficking and Money Laundering Case Plead GuiltyRead the Press Release
Two others pleaded guilty earlier this year
POCATELLO - California residents Reynalda Estrada-Gutierrez, 38, of Bakersfield, Porfirio Gutierrez, 37, of Los Angeles, and Araxy Suarez, 22, of Downey, pleaded guilty this week to charges involving conspiracy, drug trafficking, and money laundering, U.S. Attorney Wendy J. Olson announced. Estrada-Gutierrez pleaded guilty to conspiring to distribute and possess with the intent to distribute methamphetamine and launder drug trafficking proceeds. Gutierrez pleaded guilty to conspiring to launder drug trafficking proceeds and possessing methamphetamine with the intent to distribute it. Suarez pleaded guilty to travelling in aid of unlawful activity. The three co-defendants were charged in a superseding indictment by a federal grand jury in Pocatello on November 26, 2013.
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. Gutierrez admitted to helping Estrada-Gutierrez launder these payments and to selling methamphetamine at Estrada-Gutierrez’s direction. Additionally, Gutierrez admitted to driving from California to Idaho in early November 2013, with approximately 15 ounces of methamphetamine, intending to sell eight ounces to one individual for $8,800. Gutierrez was arrested before making that sale, and upon his arrest, law enforcement agents discovered bank cards for six different accounts and two California driver’s licenses in Gutierrez’s wallet. Suarez helped Gutierrez drive the methamphetamine from California to Idaho and was seen by law enforcement exiting Gutierrez’s rented vehicle with approximately six ounces of the methamphetamine prior to her arrest.
Co-defendants Raquel Rios, 24, and Angelina Nava, 32, both of Burley, Idaho, pleaded guilty to drug trafficking charges. Rios pleaded guilty on August 27, 2014, to distributing methamphetamine on September 30, 2013, and Nava pleaded guilty on October 29, 2014, to possessing with intent to deliver methamphetamine on November 6, 2013.
Estrada-Gutierrez faces a possible prison sentence of 10 years to life, a maximum fine of $10,500,000, and up to a life term of supervised release. Similarly, Gutierrez faces a possible prison sentence of five to 60 years, up to a life term of supervised release, and a maximum fine of $5,500,000. Nava faces a possible prison sentence of up to 20 years, a maximum fine of $1,000,000, and up to a life term of supervised release. For travelling in aid of unlawful activity, Suarez may be sentenced to up to five years in prison, a $250,000 fine, and three years of supervised release.
Rios was sentenced to 27 months in federal prison on November 7, 2014. Sentencing is set for Estrada-Gutierrez, Gutierrez on March 10, 2015, and for Suarez on March 11, 2015, and for Nava on January 13, 2015, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
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.
Coeur D'Alene Man Pleads Guilty to Unauthorized Use of National ForestRead the Press Release
COEUR D'ALENE - Peter Todd Gokey, 46, of Blanchard, Idaho, pleaded guilty yesterday to unauthorized use of National Forest lands, U.S. Attorney Wendy J. Olson announced. Gokey was indicted by a federal grand jury in Coeur d'Alene on March 18, 2014.
According to the plea agreement, Gokey admitted that on and prior to January 15, 2013, he went on U.S. Forest Service land with the intent to cut down timber on the land, an activity that requires special-use authorization issued by the Forest Service. The defendant had not applied for a special-use authorization to deforest the land when scouting the land for clearing.
Use or occupancy of the National Forest System land or facilities without special-use authorization is punishable by up to six months in prison or five years of probation, and a maximum fine of $500.00.
Sentencing is set for February 18, 2015, before U.S. Magistrate Judge Candy W. Dale at the federal courthouse in Coeur d'Alene.
The case was investigated by the U.S. Forest Service.
Fort Hall Women Pleads Guilty to Assault on Federal OfficerRead the Press Release
POCATELLO - Caitlin Eagle, 24, of Fort Hall, Idaho, pleaded guilty yesterday in United States District Court to assaulting a federal officer, U.S. Attorney Wendy J. Olson announced.
On February 18, 2014, Fort Hall police were dispatched to an area in Fort Hall after a report of shots fired. The caller said the persons involved were dressed in black and were running from the area. The responding officer arrived in the area and saw a person in a black coat. The officer tried to talk with the person, but she continued walking away from the officer. The person, later identified as Eagle, gave the officer a false name and was uncooperative. The officer smelled a strong odor of an alcoholic beverage on her person, a violation of Fort Hall tribal law, and the officer attempted to arrest her. As the officer tried to handcuff her, she became combative and struck the officer in the face several times. The officer was able to handcuff Eagle and with the help of another officer was able to get Eagle into the police car. The injured officer was treated at the hospital for abrasions on his cheek and nose.
An assault on a Fort Hall police officer is punished as an assault on a federal officer under federal law. The charge of assault on a federal officer is punishable by up to eight years in prison, a maximum fine of $250,000, and up to three years of supervised release.
Eagle is scheduled to be sentenced on March 11, 2015, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
Worley Man Pleads Guilty to Theft from the Benewah MarketRead the Press Release
COEUR D'ALENE - Adam Lee SiJohn, 26, of Worley, Idaho, pleaded guilty today to theft from a tribal organization, U.S. Attorney Wendy J. Olson announced. SiJohn was indicted by a federal grand jury in Coeur d'Alene on October 21, 2014.
According to the plea agreement, SiJohn admitted that on the late evening and into the early morning of August 20 and 21, 2014, he and co-defendants devised a plan to rob the Benewah Market. A co-defendant gave SiJohn the keys and the combination to the store safe. SiJohn took three bank bags from the safe of the Benewah Market that contained cash and checks totaling $22,655.04.
The charge of theft from a tribal organization is punishable by up to five years in prison, a maximum fine of $250,000.00, and up to three years of supervised release.
Sentencing is set for March 3, 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 Tribal Police and the Federal Bureau of Investigation (FBI).
Repeat Bank Robber Admits GuiltRead the Press Release
COEUR D’ALENE - Ricky Allen Fisher, 35, most recently of Orlando, Florida, pleaded guilty today in U.S. District Court to bank robbery, U.S. Attorney Wendy J. Olson announced. Fisher pleaded guilty before U.S. District Judge Edward J. Lodge in Coeur d’Alene.
In 2007, Fisher was sentenced to 77 months in prison for bank robbery. In his plea, Fisher admitted that after his release from federal prison on May 6, 2014, he took a bus to Boise, Idaho. He arrived on May 9, 2014, and was taken to Ontario, Oregon, where he robbed a Chase Bank of $1,600. Five days later he entered U.S. Bank in Ontario, Oregon, demanded cash and left with $1,334. On May 16, 2014, Fisher robbed the U.S. Bank in Cottonwood, Idaho, and took $2,324. Fisher was driven to each bank by Jennifer Balfe, 19, who previously pleaded guilty and was sentenced on November 20, 2014,to 27 months in prison and three years of supervised release.
Fisher will be sentenced on March 3, 2015, in Coeur d’Alene, Idaho. Bank Robbery is punishable by up to 20 years in prison, three years supervised release and up to a $250,000 fine. Fisher has also been ordered to pay restitution to each of the banks.
The case was investigated by the Cottonwood Police Department, Lewiston Police Department, Idaho County Sheriff’s Office, Nez Perce County Sheriff’s Office, and the Federal Bureau of Investigation (FBI).
Plummer Man Pleads Guilty to Strangulation ChargeRead the Press Release
COEUR D’ALENE - James Andrew Samuels, Jr., 27, of Plummer, Idaho, pleaded guilty today in United States District Court to strangulation, U.S. Attorney Wendy J. Olson announced.
According to the plea agreement, on November 15, 2013, Samuels got into an argument with a woman he was dating. Samuels admitted that he grabbed the victim by the neck and strangled or attempted to strangler her. The woman was transported to the hospital and later released, having sustained bruises to her face and neck.
The charge is punishable by up to ten years in prison, a maximum fine of $250,000, and up to three years of supervised release.
Samuels is scheduled to be sentenced on March 3, 2015, by U.S. District Judge Edward J. Lodge at the federal courthouse in Coeur d’Alene.
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.
Romanian National Sentenced for Unlawful Procurement of United States CitizenshipRead the Press Release
BOISE — Adrian Briciu, 32, a Romanian national residing in Sun Valley, Idaho, was sentenced yesterday to three years of probation and a $1,000 fine for unlawful procurement of United States citizenship, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also entered an order revoking Briciu’s fraudulently obtained naturalization and United States citizenship. Brici pleaded guilty to the charge on September 25, 2014.
According to court documents, a group of Romanians and citizens of other foreign countries living in the Sun Valley area entered into sham marriages with U.S. citizens in order to falsely obtain U.S. citizenship. Briciu married a U.S. citizen and then applied for U.S. citizenship based upon that marriage. In applying for naturalization, and ultimately citizenship, Briciu lied to Federal authorities about his place of residence and with whom he was living. Shortly after being granted U.S. citizenship, Briciu and his U.S. citizen wife divorced.
“The U.S. Attorney’s Office and its law enforcement partners are committed to vigorously pursuing this kind of fraud,” said Olson. “We are committed to protecting the integrity of the United States immigration system and those who lawfully seek citizenship.”
The case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).
Three Mexican Nationals Sentenced for Growing Marijuana on Public Lands and Possession of FirearmsRead the Press Release
BOISE — Jose Misael Ayala-Talavera, 20, Marcos Solano-Farias, 31, and Carlos Cerda-Carpio, 40, Mexican nationals, were sentenced today on charges of conspiring to unlawfully manufacture with intent to distribute more than 1,000 marijuana plants, illegal possession of a firearm, and damage to government property, U.S. Attorney Wendy J. Olson announced. The defendants appeared today before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise.
Ayala-Talavera was sentenced to 111 months in prison for conspiracy to unlawfully manufacture with intent to distribute marijuana, possession of a firearm in furtherance of a drug trafficking crime, and injury to government property.
Solano-Farias was sentenced to 30 months in prison for conspiracy to unlawfully manufacture with intent to distribute marijuana, possession of a firearm by a prohibited person, and injury to government property.
Cerda-Carpio was sentenced to 27 months in prison for conspiracy to unlawfully manufacture with intent to distribute marijuana, and for possession of a firearm by a prohibited person.
The defendants will forfeit all cash assets derived by them or other co-defendants from the criminal offenses and any firearms unlawfully used or possessed.
The sentences arose out of two outdoor marijuana growing operations in the Boise National Forest, a few miles from Highway 21 in Boise County. The three men were apprehended by law enforcement at a camp located in a marijuana grow site on Rabbit Creek, with 1,411 live plants as well as harvested marijuana. According to the plea agreements, investigators found and seized two semi-automatic handguns, an AK-47 type rifle, in the camp, and several hundred marijuana plants that had already been harvested from the growing operation. Investigators located and eradicated all live marijuana plants. Law enforcement also found a related grow site at Beaver Creek, where they removed 5,463 marijuana plants.
Juan Pablo Villasenor-Villa, the organizer and leader, was convicted by jury trial in November 2014, of continuing criminal enterprise, manufacturing 1,000 or more marijuana plants with intent to distribute, possession of more than 100 kilos of a controlled substance with intent to distribute, and injury to government property. He will be sentenced February 4, 2015.
“Vigorous prosecution of those who grow illegal drugs on federal land is a high priority of this office,” said Olson. “Those who operate marijuana grows not only traffic in illegal drugs, but they also damage wildlife and the environment and, through their possession and possible use of firearms, pose a significant danger to all Idahoans who seek to use our national forests for hiking, hunting and recreation purposes. Drugs and guns are a dangerous and often violent combination. Today’s sentences demonstrate that the federal agents and federal prosecutors will carefully target those who use or possess firearms for unlawful drug businesses.”
The case is the result of a joint investigation result of the Organized Crime and Drug Enforcement Task Force (OCDETF), which included the cooperative law enforcement efforts of the Drug Enforcement Administration, Bureau of Land Management, and United States Forest Service, with assistance from the Ada County Sheriff’s Office, Boise County Sheriff’s Office, Boise Police Department, City County Narcotics Unit (Canyon County Sheriff’s Office and Caldwell Police Department), the Idaho National Guard, Meridian Police Department, Nampa Police Department, Spokane Police Department, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and Washington State Police.
Mexican National Sentenced for Unlawful Possession of A FirearmRead the Press Release
BOISE — Oscar Ayala-Arizmendi, 36, from Guerrero, Mexico, was sentenced today to 12 months in prison for possession of a firearm by a prohibited person, U.S. Attorney Wendy J. Olson announced. Ayala-Arizmendi will be deported at the end of his prison term. U.S. District Chief Judge B. Lynn Winmill also ordered forfeiture of the firearm.
The sentence was the result of an investigation in May, 2014, by Twin Falls, Idaho law enforcement officers who searched Ayala-Arizmendi’s residence on suspicion of another offense, and found him in possession of a Maadi, Cadet model, 9mm semi-automatic pistol that had been manufactured and shipped from Egypt in interstate and foreign commerce.
“Persons in this country illegally should be aware that federal law prohibits them from possessing a firearm, and that this law will be vigorously enforced,” said Olson.
The case is the result of the cooperative law enforcement efforts of the Bureau of Alcohol, Tobacco, and Firearms, and the Twin Falls County Sheriff’s Office.
Boise Woman Admits Unlawfully Possessing A FirearmRead the Press Release
BOISE – Andrea Lorraine Polisso, 36, of Boise, Idaho, pleaded guilty today in United States District Court to one count of unlawfully possessing a firearm, U.S. Attorney Wendy J. Olson announced.
According to information presented in court, law enforcement agents served a search warrant at Polisso’s residence on June 20, 2014. During the search, agents located a pink and silver .380 handgun in Polisso’s bedroom. When questioned about the handgun, Polisso admitted to possessing the firearm. She also admitted that she should not possess firearms due to her criminal history. Polisso is prohibited from possessing firearms because she was previously convicted of the felony crime of possessing a controlled substance on January 18, 2006, in Canyon County, Idaho.
The charge is punishable by up to ten years in prison, a maximum fine of $250,000, and up to three years of supervised release. The government is seeking forfeiture of the firearm.
Polisso is scheduled to be sentenced on February 13, 2015, by U.S. District Edward J. Lodge at the federal courthouse in Boise.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives; and Boise Police Department’s Gang Unit. Polisso is 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.
Reno, Nevada Man Pleads Guilty to Aggravated Identity Theft for Fraudulent Credit Card Use in BoiseRead the Press Release
BOISE – Rapphel Johnson, 28, of Reno, Nevada, pleaded guilty today in United States District Court to one count of aggravated identity theft, U.S. Attorney Wendy J. Olson announced. Sentencing is set for February 18, 2015, before Chief U.S. District Judge B. Lynn Winmill.
Johnson was indicted in September 2014, for access device fraud (credit card fraud) and aggravated identity theft. According to the plea agreement, Johnson admitted that on September 1, 2014, he and a co-defendant knowingly used counterfeit credit cards containing the account numbers of real people to make a number of fraudulent purchases in Boise at stores including Rite Aid, Subway, T-Mobile, Finish Line, and Macy’s. In particular, Johnson admitted using a counterfeit credit card, with another person’s account number, to purchase a Microsoft Surface Pro 3 at the Boise Towne Square Mall. Additionally, Johnson admitted that when he was contacted by police, at a motel room rented with a counterfeit credit card, Johnson threw several counterfeit credit cards out the motel room window.
A violation of 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.
The case was investigated by the United States Secret Service and the Boise Police Department.
Eastern Idaho Man Pleads Guilty to Stealing over $280,000 from His EmployerRead the Press Release
POCATELLO- Matthew Lewis Udy, 45, of Idaho Falls, Idaho, pleaded guilty today to unauthorized use of an access device, U.S. Attorney Wendy J. Olson announced.
According to the plea agreement, Udy was hired in December 2009, in Idaho Falls as a business and financial manager and was entrusted to handle his employer’s personal investments, rental properties, and other financial matters. From April 2011 through September 2013, Udy stole $150,346.52 from his employer related to his employer’s rental properties. Additionally, during the same time period, Udy fraudulently used five credit card accounts belonging to his employer, using the accounts to make unauthorized personal purchases. Udy used the accounts to receive $130,189 in payments or other things of value, including gift cards and hotel rooms. When interviewed by law enforcement, Udy admitted to disguising fraudulent credit card transactions by mirroring legitimate transactions and only paying the accounts with his employer’s funds.
The charge of unauthorized use of an access device is punishable by up to 15 years in prison, a maximum fine of $250,000, and up to three years of supervised release.
Sentencing is set for February 17, 2015, before U.S. District Judge Edward J. Lodge at the federal courthouse in Pocatello.
The case was investigated by the United States Secret Service and the Idaho Falls Police Department.
Registered Sex Offender Pleads Guilty to New Sex CrimesRead the Press Release
BOISE - William Clarence Brower, 51, of Hazelton, Idaho, pleaded guilty today in United States District Court to two counts of transfer of obscene images to minors, and to possession of child pornography, U.S. Attorney Wendy J. Olson announced. United States Magistrate Judge Ronald E. Bush scheduled sentencing for February 18, 2015, at the United States Courthouse in Boise. Brower is detained pending sentencing.
According to the plea agreement, the investigation began in February 2014, when the Idaho Internet Crimes Against Children Task Force (ICAC) received a request for assistance from the Massachusetts State Police regarding an unknown adult male using the social media website “Kik” messenger to send sexually explicit photographs to a 10-year-old female in Massachusetts. An undercover detective took over the child’s online identity and made the suspect aware that “she” was 10 years old. The suspect replied, “C00000l. I don't mind that you are so young,” followed by sexually explicit comments. After having learned he was communicating with a ten-year-old, the suspect continued to send similar pictures and sexual comments directed at the child.
Meanwhile, in an unrelated investigation, sheriff’s deputies in Maricopa County, Arizona received a complaint from a family in Mesa, Arizona that their 13-year-old daughter had been receiving unsolicited sexually explicit text messages from an unknown individual using “Kik” messenger. The messages were accompanied by similar sexually explicit images. The investigators in Massachusetts and Arizona independently developed information suggesting that an individual with last name Brower in Hazelton, Idaho was responsible.
Idaho ICAC investigators learned that the suspect, William Clarence Brower, of Hazelton is a registered sex offender. He was convicted in 2008 of felony indecent exposure in Twin Falls County. They obtained a search warrant for Brower’s residence which was served on February 21, 2014. Brower was interviewed that day, and took responsibility for using his cell phone to send hundreds of sexually explicit photos of himself to random persons, most of whom he knew were under age 18, via “Kik” messenger. Brower also admitted that he possessed images and videos of child pornography.
According to the plea agreement, a forensic examination of a cell phone found at Brower’s home identified more than 24,000 digital images considered relevant to the investigation. These included pictures depicting child pornography, child erotica, images of a male subject wearing female undergarments, numerous images of a male exposing himself, and non-pornographic images of numerous young females that appear to have been obtained through a social media application or web site.
The charge of transfer of obscene images to a minor is punishable by up to ten years imprisonment, a fine of up to $250,000.00, and up to three years supervised release per count. The charge of possession of child pornography is punishable by up to ten years imprisonment, a fine of up to $250,000.00, and at least five years up to lifetime supervised release.
The case was investigated by the Idaho Attorney General’s Office, Internet Crimes Against Children Task Force, the Boise Police Department, the Maricopa County Sheriff’s Department, the Department of State Police of the Commonwealth of Massachusetts and the Jerome County Sheriff’s Department.
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.”
Boise Man Admits Importing Ecstasy into the United StatesRead the Press Release
BOISE – Jason Crisp, 29, of Boise, Idaho, pleaded guilty today in United States District Court to importation of a controlled substance, ecstasy, U.S. Attorney Wendy J. Olson announced.
According to the plea agreement, on June 17, 2014, United States Customs and Border Protection officers at the San Francisco Air Mail Center intercepted a parcel containing 100 pills of MDMA (ecstasy) addressed to Crisp at his Boise residence. On June 20, 2014, federal investigators delivered the package to Crisp at his residence. The defendant later admitted that he knew the package contained 100 "ecstasy pills" that were ordered from Canada.
The crime of importation of a controlled substance is punishable by up to 20 years in prison, a maximum fine of $250,000, and up to five years of supervised release.
Sentencing is set for February 13, 2015, before U.S. District Judge Edward J. Lodge, at the federal courthouse in Boise.
The case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), United States Customs and Border Protection, and U.S. Postal Inspection Service (USPIS).
Task Force Investigation Leads to Federal Indictments of Fourteen Gang Members and Associates on Gun and Drug ChargesRead the Press Release
Five Defendants Remain Fugitives
BOISE – U.S. Attorney Wendy J. Olson announced today that over the last two months a federal grand jury in Boise indicted fourteen gang members and associates in twelve separate indictments for crimes including distributing methamphetamine and possessing firearms. The charges are the result of a long-term investigation by the Treasure Valley Metro Violent Crimes Task Force. The Metro Task Force focused its investigation on the “Norteno” or Northside gang, which is active in Nampa and other parts of the Treasure Valley. The indictments were returned in October and November 2014 and unsealed on Friday. Metro Task Force members arrested four of the indicted defendants November 20 and an additional defendant was arrested November 23. Four defendants were already in custody, and five more are fugitives.
The four defendants arrested November 20 appeared in court the following day. They are Jose Manuel Menchaca, 35, Nicole Danelle Nieto, 31, Brandi Marie Larrea, 31, and Guillermo Farias, Jr., 29, all from Nampa. Separate trials for these four are set in January 2015. Tara Noelle Rivera, 30, of Nampa, was arrested November 23 and will appear in court this week.
Of the fourteen individuals indicted, thirteen were indicted for drug charges including 22 counts of distributing methamphetamine, three counts of possession of methamphetamine with intent to distribute, and two counts of conspiracy to distribute. Five individuals were also indicted for firearms charges including five counts of unlawfully possessing firearms, one count of possessing a sawed-off shotgun, one count of unlawfully transferring a firearm, and two counts of possessing firearms in furtherance of a drug trafficking crime.
“These charges mark a significant point in the Metro Task Force’s thorough and aggressive efforts to combat gang violence and drug trafficking in Treasure Valley communities,” said Olson. “Violent street gang members and their associates who engage in criminal conduct have clear and fair notice that law enforcement will identify them, investigate them and bring them to justice. Public safety demands this strong response.”
“I think this case underscores the importance of the collaborative efforts of our Treasure Valley law enforcement agencies and our dedicated effort to provide a safe environment for the people who live here,” said Sheriff Kieran Donahue. “Unfortunately violent criminal activity is rampant throughout our country and can often be traced to the relationship of the horrific consequences of drugs like methamphetamine which is so prevalent in our communities. We will continue to address this issue with all available resources and make it known that if you are involved with criminal activity in our area we will seek you out and we will hold you accountable.”
Four of the fourteen defendants already were in custody. They are Guadalupe Serrano, 35, of Caldwell, Johhny Lee Martinez, 33, of Nampa, Isaac Bright, 21, of Caldwell, and Kenny P. Breedlove, 35, of California. Martinez and Bright are currently in the custody of the Idaho Department of Corrections. Breedlove is currently in the Canyon County Jail. Serrano was first indicted in August 2014, and a superseding indictment was returned against him in November. He is in federal custody. The final five defendants are fugitives and have warrants outstanding for their arrest. They are Michael David Bradshaw, 31, Richard Lobato, 51, Veronica Cantu, 26, Jose Enrique Olvera Jr., 51, and Ruben Rodriguez, 36, all from Nampa.
Two norteno gang members in addition to those gang members and associates charged in October and November 2014 were charged last year and convicted earlier this year. On June 3, 2014, Anthony Rennie Jones, 29, of Nampa, was sentenced to 84 months in prison followed by four years of supervised release for distributing methamphetamine. On January 28, 2014, Maribel Menchaca, 37, of Nampa, was sentenced to 57 months in prison followed by four years of supervised release.
Federal drug trafficking charges are generally punishable by up to twenty years in prison, a fine of up to $1 million, and three years of supervised release. Where the defendants are charged with distributing more than fifty grams or more than five grams of pure methamphetamine, they face a minimum term of five up to forty years in prison, a fine up to $5 million, and a minimum of four years supervised release.
The charge of unlawfully possessing or transferring a firearm is punishable by up to ten years in prison, a maximum fine of $250,000, and up to three years of supervised release. The charge of possessing a sawed-off shotgun is punishable by up to ten years in prison, a maximum fine of $250,000, and up three years of supervised release. The charge of possessing a firearm in furtherance of a drug trafficking crime is punishable by a minimum of five years up to life in prison, a maximum fine of $250,000, up to five years supervised release, and the prison sentence must be imposed consecutive to any other sentence. The government is seeking forfeiture of the firearms and other property used to commit the offenses.
The indictments are the result of a joint investigation of the Organized Crime and Drug Enforcement Task Force (OCDETF), which included 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; U.S. Marshals Service; and the Treasure Valley Metro Violent Crime Task Force. 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 indictment of these 14 gang members and associates marks the sixth significant gang prosecution investigated by the Treasure Valley Metro Violent Crime Task Force since 2009. The Metro Task Force, which was created approximately nine years ago, 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 Metro Task Force conducts complex long-term investigation of criminal gangs. Prior gang investigations include those of the Aryan Knights gang, which resulted in the conviction of 23 gang members and associates on gun and drug charges in 2013; the Brown Magic Clica gang, which resulted in the conviction of eleven defendants on federal racketeering charges and numerous other state charges in 2012; the Nampa Northside gang, which resulted in the conviction of eleven gang members and associates also in 2011; another Nampa Northside investigation in 2010, which resulted in the conviction of multiple gang members, and the East Side Locos gang, which resulted in the convictions of approximately 25 gang members since 2009.
The charges are being prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership, the Canyon County Prosecuting Attorney’s Office, and the State of Idaho to address gang crimes. The Gang SAUSA, although hired by state and local agencies, prosecutes cases in federal court. Those defendants convicted of federal charges are imprisoned in federal institutions rather than state prison, which results in significant savings by the State of Idaho. In the past year, the Gang SAUSA has indicted and prosecuted 44 individuals, resulting in a total of 289 defendants prosecuted in federal court since the program’s inception in February 2007. 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.
These charges highlight the importance of both the Treasure Valley Metro Violent Crime Task Force and the Special Assistant U.S. Attorney. Their joint efforts are essential in combating criminal gang activity in the Treasure Valley. These cases signal that federal, state and local law enforcement and prosecutors will continue to aggressively target criminal gang activity.
An indictment is a means of charging a person with criminal activity. It is not evidence. A person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Mexican National Pleads Guilty to Drug and Gun ChargesRead the Press Release
BOISE – Cesar Solorio-Solorio, 40, a Mexican national living in Shoshone, Idaho, pleaded guilty today in United States District Court to distribution of methamphetamine and unlawful possession of a firearm, U.S. Attorney Wendy J. Olson announced.
According to court documents, on March 27, 2014, Solorio-Solorio sold one ounce of methamphetamine to a person assisting law enforcement as a confidential informant. A warrant was issued for his arrest. On May 28, 2014, when law enforcement agents arrested Solorio-Solorio, they found a .22 revolver in his pocket. Agents also discovered additional methamphetamine in his vehicle. Solorio-Solorio is prohibited from possessing firearms because he was previously convicted of a felony crime for possessing a controlled substance in 2004.
The charge of distribution of methamphetamine is punishable by up to twenty years in prison, a maximum fine of $1 million, and at least three years of supervised release and the charge of unlawful possession of a firearm is punishable by up to ten years in prison, and maximum fine of $250,000, and up to three years of supervised release.
Solorio-Solorio is set for sentencing on February 13, 2015, before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives; Drug Enforcement Administration; U.S. Marshals Service; Boise Police Department, and Idaho State Police.
The case is 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.
Arizona Resident Pleads Guilty to Trafficking Large Load of Heroin and MethamphetamineRead the Press Release
BOISE – Jesse Ramirez-Orta, 27, of Phoenix, Arizona, pleaded guilty today to possession with intent to distribute five hundred grams or more of methamphetamine and one kilogram or more of heroin, U.S. Attorney Wendy J. Olson announced.
According to court documents, Ramirez-Orta and his co-defendant Marina Morales were traveling from Phoenix, Arizona to Seattle, Washington, in order to deliver 5.3 pounds of heroin and 4.2 pounds of methamphetamine. Ramirez-Orta was stopped for speeding in Twin Falls, Idaho. Neither Ramirez-Orta nor Morales had a valid driver’s license. The vehicle was impounded and the drugs were discovered in the trunk of the vehicle.
The charge carries a maximum punishment of up to life in prison and a mandatory minimum sentence of ten years imprisonment, a fine of up to $10,000,000, and a minimum term of five years of supervised release. Sentencing is scheduled for February 13, 2015, before U.S. District Judge Edward J. Lodge in Boise, Idaho. Co-defendant Marina Morales is scheduled for trial on December 16, 2014.
The case was investigated by the Twin Falls County Sheriff’s Office and the Drug Enforcement Administration.
Tribal Member Sentenced for Smoke Shop BurglaryRead the Press Release
COEUR D'ALENE - Joseph Reno Stensgar, 36, of Plummer, Idaho, was sentenced to 21 months in prison for theft from the Stubby Lake Smoke Shop. U.S. District Judge Edward J. Lodge also ordered Stensgar to serve three years of supervised release and pay $20,348.44 in restitution to the store and the victim. Stensgar was indicted by a federal grand jury in Coeur d'Alene on May 20, 2014.
According to the plea agreement, Stensgar admitted that on January 3, 2014, he entered the Stubby Lake Smoke Shop in order to steal cartons of cigarettes. During the course of the burglary, Stensgar and another person took cigarettes, cash, and a laptop computer from the store, and car keys and 2012 Subaru Forrester from the store clerk. The crime happened on the Coeur d’Alene Reservation.
During the term of supervised release, Stensgar will have to submit to searches of his person, home and automobile, and he will have to refrain from using alcohol.
The case was investigated by Coeur d’Alene Tribal Police and the Federal Bureau of Investigation (FBI).
Meridian Woman Sentenced for Bank RobberyRead the Press Release
COEUR D'ALENE - Jennifer Lillian Balfe, 19, of Meridian, Idaho, was sentenced yesterday to 27 months in prison for bank robbery, U.S. Attorney Wendy J. Olson announced. Balfe was indicted by a federal grand jury in Coeur d'Alene on May 20, 2014.
U.S. District Judge Edward J. Lodge also ordered the defendant serve three years of supervised release and to pay restitution to the three banks she robbed with her accomplice, Ricky Allen Fisher. Balfe drove the get- away vehicle during a robbery of the U.S. Bank in Cottonwood, Idaho and two banks in Ontario, Oregon.
The case was investigated by the Cottonwood Police Department, Lewiston Police Department, Idaho County Sheriff’s Office, Nez Perce County Sheriff’s Office, and the Federal Bureau of Investigation (FBI).
Kootenai Tribal Member Sentenced for Unlawful Possession of A FirearmRead the Press Release
COEUR D'ALENE - William Gene Andrews, 54, of Bonners Ferry, Idaho, was sentenced yesterday in United States District Court to 21 months in prison followed by three years of supervised release, U.S. Attorney Wendy J. Olson announced. Andrews pleaded guilty to the charge on August 14, 2014.
According to court documents, William Gene Andrews admitted that he possessed a handgun after he had previously been convicted of a felony offense. The handgun was found in Andrews’ bedroom during the execution of a search warrant on June 9, 2014.
The case was investigated by Kootenai Tribal Police Officers and the Federal Bureau of Investigation (FBI).
The case was prosecuted as part of Idaho’s Project Safe Neighborhoods Program, which seeks to reduce gun violence in Idaho.
Investment Advisor Pleads Guilty to Defrauding Client of More Than $800,000Read the Press Release
COEUR D'ALENE - JoAnn Jackson, 63, of Coeur d'Alene, Idaho, pleaded guilty yesterday to two counts of wire fraud for misappropriating more than $800,000 from a client’s account, U.S. Attorney Wendy J. Olson announced. Jackson, an investment advisor, was indicted by a federal grand Jury in Coeur d'Alene on August 19, 2014.
According to the plea agreement, Jackson admitted that in 1994, she became a licensed stock broker in Idaho. Early in her career, Jackson came into contact with the victim, who eventually put all of her investment accounts under Jackson’s care. Jackson developed a scheme to misappropriate the victim’s money by transferring the funds from the victim’s account into other accounts, eventually obtaining the benefit of the money. Jackson has agreed to make restitution in the amount of $811,084.32.
The charge of wire fraud is punishable by up to 20 years in prison, a maximum fine of $250,000.00 or twice the value of the money stolen, and up to three years of supervised release.
Sentencing is set for February 3, 2015, before U.S. District Judge Edward J. Lodge at the federal courthouse in Coeur d'Alene.
The case was investigated by Federal Bureau of Investigation (FBI).
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.
Former Lewiston City Councilman Sentenced on Federal Child Pornography ChargeRead the Press Release
COEUR D'ALENE - Matthew P. Carlson, 31, of Orofino, Idaho, was sentenced yesterday to 36 months in prison, followed by ten years supervised release for possession of sexually explicit images of minors, U.S. Attorney Wendy J. Olson announced. Carlson pleaded guilty to the charge on August 19, 2014.
According to statements made in court and court documents, Canadian authorities and U.S. Postal Inspection Services investigators discovered that Carlson, a former Lewiston City Councilman and Idaho prison guard, made 35 purchases of DVDs containing sexually explicit images of minors and child erotica from a Canadian company. The DVDs were sent to Carlson through the U.S. Mail over a period of several years.
In April 2013, a federal search warrant was served at Carlson’s residence in Orofino. According to statements made in Court, Carlson told investigators at the time of the search that they would find at least 3,000 images of nude boys on his computer. A forensic review of Carlson’s computers revealed at least that many images. A report from the National Center for Missing and Exploited Children found that Carlson’s child pornography collection contained images of at least 66 children that have been identified during prior nationwide investigations. Carlson was taken into custody to begin his sentence immediately.
The case was investigated through the collaborative effort of the U.S. Postal Inspection Service, Federal Bureau of Investigation, and Orofino Police Department. 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.icacidaho.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.”
Superseding Indictment Filed Against Boise Doctor Charged with Controlled Substance DeliveryRead the Press Release
BOISE – A federal grand jury in Boise yesterday returned a superseding indictment against Michael Minas, 49, of Boise, Idaho, charging him with 112 counts of distributing a controlled substance, U.S. Attorney Wendy J. Olson announced.
The superseding indictment alleges that Minas distributed oxycodone 30 mg and Oxycontin 80 mg, both Schedule II controlled substances, and diazepam, a Schedule IV controlled substance, and that he did so outside the usual course of professional practice and not for a legitimate medical purpose. The original indictment charged seventeen counts of distributing a controlled substance, related to three patients. The superseding indictment adds nine additional patients, for a total of 112 counts.
Since the initial indictment, Minas has been released pending trial, currently scheduled for December 16, 2014. Pending trial, Minas has been prohibited from writing prescriptions and from engaging in the practice of medicine except for the limited purpose of transferring patient records so that patients may see other providers. He also was required to relinquish any prescription pads in his possession.
The charge of distributing a controlled substance is punishable by up to twenty years in prison, a maximum fine of $1,000,000.00 and at least three years of supervised release.
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.
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.
Member of "Traveling Group" of Fraudsters Pleads GuiltyRead the Press Release
BOISE — Myron Pardon, 26, from Southfield, Michigan, pleaded guilty yesterday in federal court to aggravated identity theft and credit card fraud, U.S. Attorney Wendy J. Olson announced. The defendant appeared before U.S. Magistrate Judge Candy W. Dale at the federal courthouse in Boise.
According to the plea agreement, Myron Pardon, co-defendant Brandt Stewart 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. Pardon 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 $4,340.15. Some of the credit cards fraudulently used by Pardon belonged to actual account holders, thus constituting aggravated identity theft.
Pardon, Stewart and Lane were indicted by a federal grand jury on April 9, 2014. Co-defendants Brandt Stewart and Matthew Lane are set for trial on February 2, 2015. Pardon’s sentencing is set for February 2, 2015, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
The charge of fraudulent use of a credit card carries a penalty of not more than 10 years in prison, a maximum fine of $250,000, and three years of supervised release. The charge of aggravated identity theft carries a penalty of not more than 10 years in prison with a mandatory minimum penalty of not less than two years in prison consecutive to the penalty imposed for other counts.
“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 result of the Boise Police Department, United States Secret Service, and U. S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).
Grand Jury Indicts Nampa Woman on Charge of Use of Interstate Commerce Facilities in the Commission of Murder-for-HireRead the Press Release
BOISE – Monique Christine Martinez, 33, of Nampa, Idaho, was indicted on Wednesday, November 12, 2014, by the federal grand jury on one count of using interstate commerce facilities in the commission of murder-for-hire, U.S. Attorney Wendy J. Olson announced. Martinez is in custody of the U.S. Marshals Service, after having been arrested on a warrant on October 22, 2014.
According to the indictment, 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 FBI Special 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 handwritten 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 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.
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.
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.
Georgia Residents Indicted for Retail Fraud SchemeRead the Press Release
Ten Defendants Used Fraudulent Debit Cards to Make Purchases in Treasure Valley
BOISE - Rakeen Anderson, 31, of Atlanta, Georgia, Kyandre Banks, 34, of Lilburn, Georgia, Terrance Barimah, 26, of Floranceville, Georgia, Clarence Collins, 34, of Douglasville, Georgia, Jean Estinville, 26, of Lawrenceville, Georgia, Rashine Kale, 38, of Lawrenceville, Georgia, Charles Moore, 25, of Stone Mountain, Georgia, Jonathan Penn, 20, of Suwanee, Georgia, Brian Treadwell, 25, of Buford, Georgia, and Mikki Williams, 24, of Atlanta, Georgia, were indicted by a federal grand jury Wednesday on charges relating to a wire fraud scheme, U.S. Attorney Wendy J. Olson announced. Banks, Collins, Estinville, Kale, Moore, Penn, Treadwell, and Williams are each charged with conspiracy to commit wire fraud, wire fraud, and aggravated identity theft. Anderson is charged with conspiracy to commit wire fraud and wire fraud. Barimah is charged with conspiracy to commit wire fraud and illegal possession of device-making equipment.
The Boise Police Department arrested each of the defendants on October 6, 2014, on charges of burglary and possession of fraudulent financial transaction cards. Those charges were dismissed as to each of the defendants in light on the federal charges. An arraignment dates has not been set.
The indictment charges the defendants with devising a scheme to defraud retail stores in Idaho by materially false and fraudulent pretenses, representations, and promises, by fraudulently using pre-paid debit cards encoded with unauthorized access device numbers belonging to unknowing third party victims to purchase pre-paid debit and gift cards from retail stores. The indictment alleges that the defendants traveled to Idaho for the purpose of executing their scheme, rented automobiles and hotel rooms, and traveled to numerous retail stores in the Boise area on October 5and 6, 2014. The indictment alleges that the merchandise purchases resulted in an interstate wire transmission, and that the unauthorized access device numbers belonged to real individuals.
“These charges send the clear message that law enforcement in Idaho will work, quickly, cooperatively and aggressively to disrupt traveling fraudulent debit and credit card scams,” said Olson. “Idaho retailers are not open game, and Idahoans will not tolerate this conduct. I commend the outstanding investigative work of the Boise Police Department and the United States Secret Service.”
Conspiracy to commit wire fraud and wire fraud is punishable by up to 20 years in prison, a $250,000 fine, and three years of supervised release. Aggravated identity theft is punishable by a mandatory two years in prison, to be served consecutively to the sentence imposed for the underlying felony. Illegal possession of device-making equipment is punishable by up to 15 years in prison, a $250,000 fine, and three years of supervised release.
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.
Former Executives of Nuclear Power Company IndictedRead the Press Release
Donald L. Gillispie and Jennifer R. Ransom Charged with 14 Counts of Conspiracy, Securities and Wire Fraud, False Tax Returns, False Statements
BOISE - Donald L. Gillispie, 71, of Meridian, Idaho, and Jennifer R. Ransom, 40, of Meridian, Idaho, were indicted November 13, 2014, by a federal grand jury sitting in Boise. The defendants were charged with 14 counts of conspiracy, securities fraud, wire fraud, filing false tax returns, and making false statements to federal agents, U.S. Attorney Wendy J. Olson announced. An initial appearance is set for Gillispie on November 14, 2014.
The indictment alleges that the defendants were executives of Alternate Energy Holdings, Inc. (“AEHI”), a development stage company headquartered in Eagle, Idaho, that planned to construct and operate a nuclear power plant in Payette County, Idaho. Mr. Gillispie was the founder, and at various times since 2006, the President, Chief Executive Officer, Chief Operating Officer, Director, and Chairman, of AEHI. Ms. Ransom was the Senior Vice President of Administration and Secretary of AEHI.
The indictment alleges that, beginning in October of 2006, and continuing through December of 2010, the defendants conspired to manipulate and inflate the market price of AEHI stock, which was traded on the public over-the-counter and Pink Sheet markets. According to the indictment, the purpose of attempting to inflate the market price of AEHI was to attract private investors to purchase AEHI stock – which AEHI offered to them at a discount from the market price – and thus obtain cash financing for the company. The indictment alleges that, the defendants recruited nominees to purchase AEHI stock, provided them with company funds, and instructed them on the timing, quantity, and price to purchase AEHI stock, so as to most effectively attempt to artificially inflate the price.
According to the indictment, during a period when attempts were being made to artificially inflate the price of AEHI stock, Ms. Ransom sold approximately 1,000,000 shares of her AEHI stock and received approximately $675,326 in return. Of this amount, she provided approximately $190,000 to Mr. Gillispie. Also during this period, relatives of Mr. Gillispie sold approximately 10,778,000 shares of their AEHI stock and received approximately $3,715,927 in return.
The indictment alleges that, from October of 2006 to October of 2010, AEHI raised approximately $14 million in capital financing from private investors. During this period of time, AEHI did not generate any material income. From the $14 million in investor money, the defendants received significant salaries and other compensation that they did not report as income to the Internal Revenue Service.
According to the indictment, Ms. Ransom made false statements to a tax compliance officer during a civil audit interview, and later, to investigating law enforcement agents of the Internal Revenue Service and Federal Bureau of Investigation.
“Those who manipulate securities markets and deceive investors pose a significant risk to our financial system,” said Olson. “Those who further defraud the United States and their fellow tax payers by failing to pay taxes on their ill-gotten gains must not be allowed to manipulate the system. The Department of Justice and its federal law enforcement partners will vigorously investigate and prosecute such conduct.”
“Their motivation in this stock scheme was based purely on greed which was coupled with tax fraud and lying to IRS agents,” said Stephen Boyd, IRS Criminal Investigation Special Agent in Charge for the state of Idaho.
The charge of conspiracy to commit securities fraud is punishable by up to five years in prison, a maximum fine of $250,000, and up to three years of supervised release. The charge of securities fraud is punishable by up to five years in prison, a maximum fine of $250,000, and up to three years of supervised release. The charge of wire fraud is punishable by up to 20 years in prison, a maximum fine of $250,000, and up to three years of supervised release. The charge of filing false tax returns is punishable by up to three years in prison, a maximum fine of $100,000, and up to one year of supervised release. The charge of false statements to federal agents is punishable by up to five years in prison, a maximum fine of $250,000, and up to three years of supervised release.
The case is being investigated by the Internal Revenue Service, Criminal Investigation Division, and the Federal Bureau of Investigation. The case is being prosecuted by the United States Attorney’s Office, District of Idaho, and the United States Department of Justice, Tax Division.
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.
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.
Caldwell Man Sentenced for Social Security FraudRead the Press Release
BOISE – Jose Louis Fernandez, 44, of Caldwell, Idaho, was sentenced today to 37 months in prison for social security fraud, U.S. Attorney Wendy J. Olson announced. United States District Judge Edward J. Lodge also ordered Fernandez to pay $196,409.33 in restitution and serve three years of supervised release.
According to the plea agreement, Fernandez maintained two separate identities for the purpose of working under a false name while simultaneously collecting social security disability benefits under his true name. In April of 2012, during a Title II benefit review, Fernandez falsely indicated that he had not worked since the date of his last disability decision in 2001. Contrary to this statement, Fernandez had been working at a home-building company from June 2003 until May 2012. As a result of this fraud, Fernandez received social security disability benefits to which he was not entitled. He also received Medicare insurance benefits and benefits directed toward his children. The benefits paid as a result of Fernandez’s fraudulent actions were nearly $200,000.
The case was investigated by the Social Security Administration, Office of Inspector General-Office of Investigations; Health and Human Services, Office of Inspector General, with assistance from the Caldwell Police Department and United States Marshals Service.
Caldwell Man Pleads Guilty in Tire Dumping CaseRead the Press Release
BOISE - Terry Dorton Anderson, 49, of Caldwell, Idaho, pleaded guilty today to two counts of injury to government property for dumping junk tires in two locations on public lands in Owyhee County managed by the Bureau of Land Management, U.S. Attorney Wendy J. Olson announced. Anderson was indicted on September 9, 2014, by a federal grand jury in Boise.
According to the plea agreement, Anderson admitted to dumping approximately 450 tires, in Squaw Creek Canyon near Highway 95 south of Marsing. Anderson also admitted dumping at least 200 hundred tires near a dirt road off Highway 78. The parties agreed that the Anderson’s illegal dumping caused over $14,500 in damages (as measured in clean-up costs). The tire dumping incidents occurred between July and December, 2012.
Anderson faces up to 10 years in prison, a maximum fine of $250,000, and up to three years of supervised release. Anderson has also agreed to pay restitution of $14,500 for the tires dumped in Squaw Creek Canyon and an additional amount of not less than $7,157, for the tires dumped off Highway 78 if he does not remove them according to the conditions set by BLM by early summer 2015.
Sentencing is set for January 21, 2015, before Chief U.S. District Judge B. Lynn Winmill.
The case was investigated by the Bureau of Land Management, Idaho Department of Environmental Quality, Canyon County Sheriff’s Office, and Owyhee County Sheriff’s and Prosecutor’s Offices.
Mexican National Found Guilty of Marijuana Grow OperationRead the Press Release
Boise - Juan Pablo Villasenor-Villa, 28, a Mexican national, was convicted today following a one-week jury trial in federal court in Boise on five charges related to his operation of a marijuana grow operation in two locations in the Boise National Forest and his possession with intent to distribute the marijuana harvested from those operations, U.S. Attorney Wendy J. Olson announced. Federal and state law enforcement officers eradicated nearly7,000 plants when the marijuana grow operations were found on Little Beaver Creek and Rabbit Creek in September 2013.
The jury convicted Villasenor-Villa on two counts of manufacturing more than 1,000 marijuana plants, one count of possession with intent to distribute more than 100 kilograms of a controlled substance, one count of operating a continuing criminal enterprise and one count of causing more than $1,000 in damage to public lands. The jury heard evidence during the case that Villasenor-Villa purchased irrigation equipment with cash, drove other defendants into and out of the marijuana grow operations, drove packaged marijuana from the Little Beaver Creek site to a residence in Canyon County and gave direction to his wife and co-defendant Mariah Villasenor-Rodriguez to remove cash from their residence in Canyon County. The jury found Villasenor-Villa not guilty on two counts of aiding and abetting the possession of firearms recovered in the marijuana grow sites.
“The jury’s verdict sends a strong message that those who use and damage our public lands for unlawful purposes and those who traffic in illegal drugs will face swift and sure consequences in Idaho,” said Olson. “The jury found that this defendant operated a criminal enterprise in the Boise National Forest and that his enterprise damaged this precious public resource.”
Each charge of manufacturing more than 1,000 marijuana plants with intent to distribute carries a penalty of not less than ten years up to life in prison, a maximum fine of $10 million, and at least five years of supervised release. The charge of possession with intent to distribute more than 100 kilograms of marijuana carries a penalty of not less than five years and up to 40 years in prison, a maximum fine of $5 million and at least three years of supervised release. The charge of operating a continuing criminal enterprise carries a penalty of not less than 20 years in prison, a maximum fine of $2 million and up to five years of supervised released. The charge of causing more than $1,000 damage to public lands carries a penalty of up to ten years in prison, a maximum fine of $250,000 and up to three years supervised release.
Villasenor-Villa’s sentencing is scheduled for February 4, 2015, in front of U.S. District Chief Judge B. Lynn Winmill, who presided over the trial.
Five co-defendants previously pleaded guilty, and two have been sentenced. The defendant’s wife, Mariah Villasenor-Rodriguez, 22, of Caldwell, pleaded guilty in federal court to possession with intent to distribute and was sentenced on August 8, 2014, to 21 months in prison and three years of supervised release. Gilberto Duran-Contreras, 51, a Mexican national, pleaded guilty in federal court to unlawfully manufacturing more than 1,000 marijuana plants, and damage to government land and was sentenced on July 8, 2014, to 30 months in prison.
Marcos Solano-Farias, 32, and Jose Misael Ayala-Talavera, 20, both Mexican nationals, pleaded guilty to charges of unlawful manufacture with intent to distribute more than 1,000 marijuana plants, illegal possession of a firearm, and damage to government property. Carlos Cerda-Carpio, 40, pleaded guilty in federal court to unlawfully manufacturing more than 1,000 marijuana plants with intent to distribute and illegal possession of a firearm. All three are set for sentencing on December 3, 2014. Duran-Contreras, Solano-Farias, Ayala-Talavera, and Cerda-Carpio, all were arrested in or near the marijuana grow operations on September 11, 2013. Investigators also found and seized two semi-automatic handguns and an AK-47 type rifle at the Rabbit Creek camp.
Olson praised the cooperative law enforcement investigation in this case. “Through the combined work of the OCDETF Task Force agencies and particularly here the Drug Enforcement Administration, Bureau of Land Management, U.S. Forest Service, Ada and Boise County Sheriff’s Offices, and Nampa Police Department, we together removed this danger to our community and to our public land. I also commend the private citizens who observed the unusual cash purchases of bulk irrigation equipment and contacted law enforcement. Marijuana grow operations such as those identified and removed in this case pose a significant danger to all in Idaho who seek to use our national forests for hiking, hunting and recreation purposes.”
The case was the result of a joint investigation of the Organized Crime and Drug Enforcement Task Force (OCDETF), led by the Drug Enforcement Administration, in conjunction with, U. S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Canyon County Narcotics Unit, Meridian Police Department, Ada County Sheriff’s Office, Idaho State Police, and the Mini-Cassia Drug Task Force.
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 for Idaho Names Election Day ContactsRead the Press Release
BOISE – United States Attorney Wendy J. Olson announced today that Assistants United States Attorney (AUSAs) Jack Haycock, Ray Patricco and Nancy Cook will lead the efforts of her Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 4, 2014, general elections. AUSAs Haycock, Patricco and Cook have been appointed to serve as District Election Officers for the District of Idaho, and in that capacity are responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
United States Attorney Olson said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and 2 provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
“The franchise is the cornerstone of American democracy,” said Olson. “We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice.” In order to respond to complaints of election fraud or voting rights abuses on November 4, 2014, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Olson stated that AUSAs Haycock, Patricco and Cook will be on duty while the polls are open. They can be reached by the public at the following telephone numbers: (208)478-4166 in Pocatello for AUSA Haycock; (208) 334-1211 in Boise for AUSA Patricco or (208) 676-7346 in Coeur d’Alene for AUSA Cook.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The Boise FBI field office can be reached by the public at (208) 344-7843.
Complaints about ballot access problems or discrimination can be made directly to the Civil Rights Division’s Voting Section in Washington, D.C. at 1-800-253-3931 or (202) 307-2767.
“Ensuring free and fair elections depends in large part on the cooperation of the American electorate,” said Olson. “It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”
Pocatello Man Indicted on Two Counts of Bank Robbery with the Use of A Dangerous WeaponRead the Press Release
Defendant Remains a Fugitive
POCATELLO - Randy Ted Jordan, 44, of Pocatello, Idaho, and formerly of Montana, was indicted on Tuesday, October 28, 2014, by the federal grand jury on two counts of bank robbery with the use of a dangerous weapon, U.S. Attorney Wendy J. Olson announced. A warrant was issued for Jordan’s arrest and authorities are actively working to locate and arrest him.
Jordan was charged with the robbery of the Idaho State University Credit Union in Chubbuck, Idaho, on July 26, 2014, and with the robbery of the Global Credit Union in Coeur d’Alene, Idaho, on October 4, 2014. He used a gun in both robberies and took cash from bank tellers.
Bank robbery with the use of a gun is punishable by up to 25 years in prison, a $250,000 fine and three years of supervised release.
Jordan was separately indicted on September 24, 2014, in the District of Utah for one count of bank robbery with the use of a dangerous weapon for the robbery of the Bank of Utah in Ogden, Utah, on August 7, 2014.
The cases were investigated by the Chubbuck Police Department, the Coeur d’Alene Police Department, and the Federal Bureau of Investigation.
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.
Pocatello Man Indicted on Assault with A Dangerous Weapon and Using A Firearm in the Commission of A Violent CrimeRead the Press Release
Defendant Under the Influence of a Controlled Substance While Illegally Possessing a Firearm
POCATELLO - Raymond Hye Broncho, 39, of Fort Hall, Idaho, was indicted yesterday by the federal grand jury on two counts of assault on an officer, three counts of assault with a dangerous weapon, two counts of illegal possession of a firearm by a drug user, one count of using firearms in the commission of violent crimes, and forfeiture of the SKS assault rifle and the .22 caliber rifle involved in these crimes, U.S. Attorney Wendy J. Olson announced. An arraignment date has not been set.
According to the indictment, on September 20, 2014, Broncho pointed a rifle and fired multiple shots at officers who were responding to a report on the Fort Hall Indian Reservation. At the time of the assault, Broncho was under the influence of a controlled substance.
Assault on an officer is punishable by up to twenty years imprisonment. Assault with a dangerous weapon and unlawful possession of a firearm by a drug user are punishable by up to ten years imprisonment. The three crimes are also punishable by a $250,000 fine and three years of supervised release. Use of firearms in the commission of a violent crime is punishable by a ten year sentence, consecutive to all other sentences.
The case was investigated by the Fort Hall Police Department and the Federal Bureau of Investigation.
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.
U.S. Attorney Announces Office Collected over $100 MillionRead the Press Release
BOISE – United States Attorney Wendy J. Olson announced today that her office's Financial Litigation Unit collected more than $100 million in civil debts and in criminal fines, assessments and restitution for the fiscal year that ended September 30, 2014. U.S. Attorney Olson stated that the Financial Litigation Unit collected $11,469,290 in criminal fines, assessments, and restitution, and $86,151,947 in civil debts. In addition, the Asset Forfeiture Unit collected approximately $4.6 million of proceeds of crime from convicted criminals.
“The more than $100 million our staff collected through civil debts, asset forfeiture, fines, assessments and restitution is more than ten times the U.S. Attorney's Office's operational budget,” said Olson. “Our dedicated collection staff of attorneys, paralegals, analysts and fiscal agents ensure that those who owe the federal government money as a result of litigation in this district or as a result of longtime debt, such as student loans, make appropriate payments. Our asset forfeiture staff likewise works efficiently to deprive criminals of the profits of their crimes. This year, they have all done outstanding work and served this office, taxpayers and the federal government well.”
The Financial Litigation Unit collects civil penalties for violations of regulations involving, among other things, controlled substances, environmental protection, damage to federal property, and procurement fraud. It also collects civil debts for defaulted student loans and defaulted federally financed mortgages, working with debtors to arrange viable payment plans. During fiscal year 2014, the office collected over $86 million in civil debt. Of that, the office collected $85.8 million from EPA violations concerning release of hazardous substances. This includes the final payments from Hecla Mining Company as part of the settlement reached September 8, 2011, resolving claims stemming back to the 1980s for cleanup costs from releases of wastes from Hecla’s mining operations. Hecla has paid the United States a total of $189,345,889.42. The settlement, which also included payments to the Coeur d’Alene Tribe and the State of Idaho, totaled $263.4 million plus interest. Payments were made through a structured settlement, with the final payment being due August 15, 2014. This was one of the largest cases ever filed under the Superfund statute. The settlement funds were dedicated to restoration and remediation of natural resources in the Coeur d’Alene Basin.
The U.S. Attorney’s office also collected approximately $89,891 in defaulted student loans and $168,596 in fire suppression costs for human-caused fires.
From convicted criminals, the U.S. Attorney's Office collects fines, assessments, restitution, and asset forfeitures. Victims of crime receive funds collected in criminal restitution cases. In fiscal year 2014, the U.S. Attorney's Office collected over $6 million in criminal restitution which was distributed to victims of crime. Other criminal collections such as fines go into the Crime Victims Fund. From there, funds are distributed to the Idaho Crime Victims Compensation Program, the Idaho Council on Domestic Violence and Victim Assistance, and similar programs across the country. Money recovered from the illegal proceeds of criminal activity through forfeiture is returned to victims, used to offset the costs of operating federal prisons, and shared with local, state, and federal law enforcement agencies to help fight crime. Other recoveries go back to agency creditors.
On March 4, 2014, the United States District Court sentenced Elaine Martin for tax fraud and ordered her to pay $156,578.57 in restitution. The United States Attorney’s Office collected the full amount. Garth Callaghan was sentenced on July 30, 2012, for failing to pay employment taxes to the IRS. His criminal judgment imposed $177,096 in federal restitution. The United States Attorney’s Office collected the full amount during the past fiscal year. As a result of his schemes to defraud retirement plans, Matthew Hutcheson was tried and convicted of seventeen counts of wire fraud on April 15, 2013, and sentenced on July 7, 2013. His criminal judgment imposed $5,307,688.00 in restitution with interest. Collections to date total over $14,000 and will be distributed to individual victims pending the final appeal order. Further collection efforts are under way.
Oregon Man Pleads Guilty to Attempted Transfer of Obscene MaterialRead the Press Release
BOISE B Scott L. Austin, 52, of Portland, Oregon, pleaded guilty today to attempted transfer of obscene material to a minor, U.S. Attorney Wendy J. Olson announced.
According to the plea agreement, Austin admitted that on various occasions between the summer of 2011, and October 2013, he engaged in sexually explicit chats with an undercover police officer and a person he believed was the officer’s minor child. Austin admitted that on August 9, 2011, while chatting online with the supposed minor in a chat room titled “Incest,” he sent three sexually explicit images accompanied by contemporaneous sexually explicit chats directed at the minor. The images appeared to be minor females engaging in sexually explicit conduct, although the identity and ages of the persons depicted could not be determined. In August and September of 2013, Austin emailed the detective in his undercover capacity and said he was going to be in Boise and asked to meet with him and his daughter.
Austin showed up at the predetermined location on October 11, 2013. A detective and a young female police officer waited at the location. Austin drove by several times and sent a text message, “got spooked,” and asked, “Are you a cop?” Austin requested that the two individuals kiss as he drove by so he could see them. Then, Austin stopped and had a brief conversation with the undercover detectives. He said that he was curious and that he may not have enough time tonight, and he wanted to see about meeting tomorrow.
Austin also told the male undercover officer that, “I would feel comfortable if she would just like flash me,” suggesting that the female show her breasts. Austin then said, “Maybe we should try to get together tomorrow.” The detective asked him if he had a hotel room, or where they would go and Austin said he could get a hotel room. He further stated, “I have been kind of curious; I just don’t know if I want to cross that line. So I am just nervous about it.” Austin also said he wanted to see the female clearer to determine if she was the same person he had seen in photos (the undercover detective had previously sent G-rated images of the female detective to Austin, claiming she was his “daughter”), and asked the detectives to turn their dome light on so he could see her. He then said he wanted to go, and drove away.
The charge of attempted transfer of obscene material to a minor is punishable by up to 10 years in prison, a maximum fine of $250,000.00, and up to three years of supervised release.
Sentencing is set for January 12, 2014, before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.
The case was investigated by the Boise Police Department, which is a member of 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.icacidaho.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.”