District of Idaho
Press releases recorded for this federal judicial district.
Meridian Man Sentenced to Running Illegal Gambling OperationRead the Press Release
BOISE – Kings Daniel Santy, 44, of Meridian, Idaho, was sentenced today at the U.S. Courthouse in Boise for operating an illegal gambling business, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge sentenced Santy to serve two years of probation, pay a $3000 fine, serve three months of home detention, and complete 100 hours of community service. Santy was also ordered to forfeit $16,262.87 in seized currency and at least $100,000 in cash proceeds. Santy pled guilty to one count of operating an illegal gambling business on February 3, 2014.
According to court proceedings, Santy admitted to continuously running two illegal gambling establishments over the past seven years. Federal search warrants were served in April of 2013 at the illegal gambling establishments, one located at 37 North Kings Street, Nampa, Idaho, and one located at 6655 West Victory Road, Boise, Idaho. Santy admitted that he began hosting poker games at the Boise location in 2006 and at the Nampa location in 2008. Santy advised law enforcement that he profited approximately $50,000 a year from his gambling business. The gambling establishments had generated numerous citizen complaints over the past several years, and in 2012, Boise police responded to the gambling establishment in Boise after an individual died of a drug overdose.
This case was investigated by the Treasure Valley Metro Violent Crimes Task Force. The 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 Sherriff’s Office, and the Idaho Department of Correction. The Metro Task Force was assisted by the Internal Revenue Service – Criminal Investigation.
Defendant Sentenced to Theft of Rocks from BLMRead the Press Release
BOISE – Brian Kirkpatrick, 46, of Nampa, Idaho, was sentenced today in the United States District Court in Boise to nine months in prison for Theft of Government Property, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also sentenced Kirkpatrick to serve three years of supervised release following his release from prison. Kirkpatrick’s nine month sentence is to be served concurrently with his sentence for a probation violation on a similar federal case from 2009, and concurrently with related state charges for which he has been incarcerated since August 13, 2013. Kirkpatrick pleaded guilty on February 4, 2014.
According to the plea agreement, between November 2012 and June 2013, Kirkpatrick stole more than 9,800 pounds of sandstone from BLM lands to sell commercially for use in landscaping projects. The value was approximately $1,472, which made Kirkpatrick’s crime a felony. Restitution was ordered in the amount of $1,472, as well as an unpaid balance on restitution for his probation violation in the amount of $145.98. A fine was also imposed in the amount of $500, as well as $350 still owing from his probation violation. He was also ordered to pay a $100 special assessment.
This case is the result of an investigation by criminal investigators of the Bureau of Land Management, United States Department of the Interior. Olson stated the following: “Protecting Idaho’s public lands is a priority for my office. Public lands are just that: they are there for the public to enjoy. This prosecution hopefully sends a strong message that my office will prosecute those who illegally exploit public lands for their own gain.”
Mexican National Residing in Twin Falls Sentenced to PrisonRead the Press Release
Luciano Chavez-Morales convicted of being an illegal alien in possession of firearms and possessing methamphetamine with the intent to distribute
Boise B Luciano Chavez-Morales, 27, of Mexico, was sentenced today to serve 87 months in prison for one count of possession of methamphetamine with intent to distribute and one count of being an illegal alien in possession of firearms. Chief U.S. District Judge B. Lynn Winmill also sentenced the defendant to serve five years of supervised release, pay a $400 fine, and a $200 special assessment. Chavez-Morales was also ordered to forfeit the two illegally possessed firearms and $5000 in cash proceeds. The defendant pleaded guilty on January 22, 2014.
According to the plea agreement, Chavez-Morales, a citizen of Mexico, sold one ounce of methamphetamine to an undercover Special Agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives, on July 30, 2013, in a grocery store parking lot in Twin Falls, Idaho. Chavez-Morales sold another ounce of methamphetamine to the undercover agent on August 5, 2013. On August 16, 2013, Chavez-Morales agreed to sell the undercover agent four ounces of methamphetamine. Before the deal could take place, Chavez-Morales was arrested and a search warrant was served at his residence in Twin Falls. The search warrant discovered approximately 113 grams of pure methamphetamine and two loaded firearms in Chavez-Morales’s bedroom. One of the firearms was reported stolen out of Las Vegas, Nevada. At the time Chavez-Morales possessed the firearms, he was illegally present in the United States. Chavez-Morales will be deported to Mexico after serving his prison sentence.
The case was investigated by Twin Falls Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives.
The case was prosecuted as part of Idaho’s Project Safe Neighborhoods Program, which seeks to reduce gun violence in Idaho.
Boise Man Pleads Guilty to Drug ChargeRead the Press Release
BOISE – Victor Luetta Guzman, 60, of Boise, Idaho, pleaded guilty yesterday in United States District Court to distribution of methamphetamine, U.S. Attorney Wendy J. Olson announced.
According to the plea agreement, Guzman admitted that he sold methamphetamine to an undercover police officer on eight separate occasions. Guzman admitted that during the eight transactions he sold the officer a total of over 50 grams of methamphetamine.
The charge is punishable by a minimum of five years and up to 40 years in prison, a maximum fine of $5 million, and at least four years of supervised release.
Guzman is set for sentencing on June 25, 2014, before U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the Boise Police Department. The Organized Crime and Drug Enforcement Task Force (OCDETF) also contributed to the investigation. Federal 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 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.
“Duffle Bag Bandit” Sentenced to 60 Months in Federal PrisonRead the Press Release
BOISE B Gerald Edward Massey, 57, of Shreveport, Louisiana, was sentenced today to 60 months in prison for bank robbery, U.S. Attorney Wendy J. Olson announced. Chief Judge B. Lynn Winmill also sentenced Massey to serve three years of supervised release following his release from prison. Massey pleaded guilty on January 7, 2014.
In the plea agreement, Massey admitted that on March 6, 2013, he walked into the U.S. Bank, located at 10700 Ustick Road and intimidated the bank manager by telling her that he was robbing the bank. Massey stole $64,500 on that occasion. Massey also agreed to pay restitution totaling $83,448, for the U.S. Bank robbery and three additional bank robberies in Boise that he committed. Massey robbed a Chase Bank on December 21, 2012; a Washington Trust Bank on January 4, 2013; and a Wells Fargo Bank on January 22, 2013. Massey never possessed or represented that he had a firearm or any other weapon during any of the bank robberies.
The case was investigated by the Boise Police Department and the Federal Bureau of Investigation.
Pocatello Man Pleads Guilty to Failing to Register as A Sex OffenderRead the Press Release
POCATELLO – Jeramie James McGuire, 35, of Pocatello, Idaho, pleaded guilty yesterday in United States District Court to failure to register as a sex offender, U.S. Attorney Wendy J. Olson announced. He was indicted on November 26, 2013.
In October, 2013, Bannock County Sheriff’s detectives received information that McGuire was living at a home in Pocatello. An investigation showed that McGuire had been convicted of Felony Rape in the Third Degree in 1997 in Baker County, Oregon, and that he was required to register as a sex offender. Records showed that McGuire had previously registered as a sex offender in Wyoming, but had been residing at the Pocatello house and working in Pocatello without registering as a sex offender in Bannock County. Idaho law required McGuire to register within two days after moving to Idaho to live or work.
The charge is punishable by up to ten years in prison, a maximum fine of $250,000, and from five years to lifetime supervised release.
Sentencing is set for July 7, 2014, before U.S. District Judge Edward J. Lodge at the federal courthouse in Pocatello.
The case was investigated by the Bannock County Sheriff’s Department and the United States Marshals Service.
Four Sentenced for Meth DistributionRead the Press Release
POCATELLO – Co-defendants Antonio Tamez, 39, of American Falls, Idaho, Jesse Short, 33, and Imelda Ramos, 36, both of Pocatello, Idaho, and Dominga Tamez, 68, of American Falls, Idaho, were sentenced today in United States District Court for possession with intent to distribute methamphetamine, U.S. Attorney Wendy J. Olson announced.
U.S. District Judge Edward J. Lodge sentenced Antonio Tamez to 88 months, followed by five years of supervised release and 100 hours of community service; Jesse Short to 36 months, followed by four years of supervised release; Imelda Ramos to 24 months, followed by three years of supervised release and 80 hours of community service; and Dominga Tamez to 12 months, followed by three years of supervised release. The defendants pleaded guilty to the charges on January 22, 2014.
According to the plea agreements, on May 14, 2013, Antonio Tamez arranged by phone to deliver methamphetamine to an undercover officer. Tamez then met with the undercover officer in Heyburn, Idaho, where the defendant distributed in excess of fifty grams of actual methamphetamine. On May 3, 2013, Jesse Short arranged by phone with a confidential informant, who was working on the behest of law enforcement, to deliver methamphetamine. Short then met with the informant in Pocatello, Idaho, where he delivered in excess of five grams of actual methamphetamine to the informant. On May 3, 2013, Imelda Ramos traveled with a co-defendant to Pocatello, Idaho, with methamphetamine. There Ramos delivered to an informant in excess of fifty grams of actual methamphetamine. On May 21, 2013, Dominga Tamez drove co-defendants to deliver methamphetamine to a location in Heyburn, Idaho. At that location the co-defendants delivered methamphetamine to an undercover officer. In a post arrest interview Tamez admitted she knew she was driving the co-defendants to deliver methamphetamine.
Co-defendant Federico Cervera, 58, of Blackfoot, Idaho, is set for sentencing on May 12, 2014. He pleaded guilty on January 22, 2014, to possession with intent to distribute methamphetamine. He faces 10 years to life in prison, a maximum fine of $10 million, and at least five years of supervised release.
The case is the result of a joint investigation led by the Idaho State Police with assistance from the Bannock County Sheriff’s Office, Pocatello Police Department, Minidoka County Sheriff’s Office, Cassia County Sheriff’s Office, Bingham County Sheriff’s Office, Blackfoot Police Department, American Falls Police Department, and Power County Sheriff’s Office.
Canyon County Man Sentenced for Aggravated Identity Theft and Possessing Several False ID DocumentsRead the Press Release
BOISE – Jordan Schoo, 34, of both Nampa and Grangeville, Idaho, was sentenced today in United States District Court to 39 months in prison for identity theft by possession of five or more false identification documents and aggravated identity theft, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Schoo to pay $8,703 in restitution, and serve three years of supervised release following his prison term. During the supervised release, Schoo will have substantially limited access to computers and the internet. He was charged in an 11-count indictment filed in federal court in Boise on August 14, 2013.
According to the plea agreement, Schoo admitted that on March 20, 2013, he knowingly possessed nine false and fraudulent Idaho driver’s licenses, each with his own photograph but with the identifying information of actual people, such as names, dates of birth, and driver’s license numbers. Schoo possessed a tenth false identification with a different person’s photograph. According to the plea agreement, Schoo used, and intended to use, the documents to purchase goods on credit from various businesses participating in interstate commerce, such as Best Buy.
Schoo obtained the means of identification of people he impersonated from a number of sources, including that of a former roommate from Colorado. Schoo also used the means of identification taken from his mother’s business. He used the various false identities that he possessed to purchase goods from both local and on-line retailers, including a 60” television and a car audio and security system. Schoo also obtained credit cards in the names of various victims. As part of the scheme, he opened and maintained a mailbox under a false name at a commercial mailbox store.
United States Attorney Wendy Olson stated that, “Today’s sentence sends a firm message that those who victimize others by stealing their identities and causing them financial loss will be punished swiftly and severely,” said Olson. “The United States Attorney’s Office is committed to protecting the financial security of the citizens of Idaho and will pursue identity theft offenders and hold them accountable for the extensive damage that they cause to victims. I commend the cooperative law enforcement efforts that brought this case to a successful conclusion.”
The case was investigated by the United States Postal Inspection Service, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and Grangeville Police Department.
Salmon Man Pleads Guilty to Possession of Unregistered FirearmRead the Press Release
POCATELLO – Odin Ray Jarshaw, 56, of Salmon, Idaho, pleaded guilty today to one count of possession of an unregistered firearm, U.S. Attorney Wendy J. Olson announced. Jarshaw was indicted by a federal grand jury in Pocatello on October 23, 2013.
According to the plea agreement, on May 9, 2013, the defendant was in possession of a Vulcan Arms, model 47, 7.62 x 39 caliber rifle, with a sawed-off barrel, that was not registered to him in the National Firearms Registration and Transfer Record. According to the plea agreement, Jarshaw agreed to forfeit the sawed-off rifle and a fully automatic machine gun.
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.
Sentencing is set for July 7, 2014, before U.S. District Judge Edward J. Lodge at the federal courthouse in Pocatello.
The case was investigated by Lemhi County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
The case was prosecuted as part of Idaho’s Project Safe Neighborhoods Program, which seeks to reduce gun violence in Idaho.
Jury Convicts DBSI Principals of FraudRead the Press Release
U.S. Attorney Commends Work and Career of FBI SA Morse
BOISE - A federal jury in Boise today returned guilty verdicts against four DBSI principals, Douglas L. Swenson, Mark Ellison, David D. Swenson, and Jeremy S. Swenson on multiple fraud charges, announced U.S. Attorney Wendy J. Olson. The jury convicted Douglas Swenson, 65, of Eagle, Idaho, on thirty-four counts of wire fraud and forty-four counts of securities fraud. The jury convicted Ellison, 65, of Boise, David Swenson, 36, of Boise, and Jeremy Swenson, 41, of Meridian, on forty-four counts of securities fraud. The jury returned not guilty verdicts on the thirty-four wire fraud counts against Ellison, David Swenson and Jeremy Swenson and on two conspiracy counts. During the forty-two day trial, the United States presented evidence that the defendants publicly represented that DBSI was a profitable company and had a net worth in excess of $105 million when they knew that DBSI's real estate and non-real estate business activities were universally unprofitable.
No sentencing date has been set.
Olson issued the following statement after the verdict was returned:
“The jury’s verdicts finding Douglas Swenson, Mark Ellison, David Swenson and Jeremy Swenson guilty of fraud send a strong message that those who seek to induce investors to trust them, often with hundreds of thousands of dollars, have a clear obligation to be open and transparent and to make full disclosure about the financial condition of their business. Our financial system, indeed our markets, relies on such full disclosure. The U.S. Department of Justice is pleased that these defendants have been found responsible for the frauds they perpetrated and the losses they caused. They will have a firm restitution obligation to their defrauded victims, DBSI investors.
The jury’s verdicts show that the jurors listened carefully and thoughtfully to the evidence that was presented, the attorneys’ arguments and the Court’s instructions. They are to be commended for their long and deliberate service to our criminal justice system. They have performed an important duty in our democracy. I thank them.
I also commend the outstanding work of the trial team, AUSAs Ray Patricco, George Breitsameter, and Justin Whatcott, Tax Division trial attorney Mark Williams, paralegal Denise Price from my office and numerous others who provided support for the longest federal criminal trial in this district for at least two decades. Finally, I commend the work of the investigative agencies, and particularly the strong work of agents from IRS, criminal investigations and of FBI Special Agent Rebekah Morse. All of these outstanding federal government employees spent countless hours, sacrificing time with their families and loved ones, during challenging work conditions.
Having said that, let me be clear, the human price of this case was too high. FBI Special Agent Rebekah Morse was an outstanding agent and person. In her less than four years as an agent, all stationed in Boise, she played a critical role in almost every significant white collar prosecution, including three successful trials in the last twelve months. She displayed enormous integrity, intelligence, and honesty. She worked harder and better than any young, new agent I have seen in my more than 20 years as a federal prosecutor. Her vast ability was exceeded only by her great humor and joy. She was a tremendously warm and caring human being who held herself to the highest of standards, gave much to all around her and expected and asked for little in return.
As the United States has maintained in argument to the court and in its pleadings, we believe that Rebekah Morse was truthful in her responses to the Court and that a full examination of the facts warrants that conclusion. We understand and respect that the Court saw this differently. Rebekah Morse was greatly respected. She will be greatly missed.
We will not take any questions, and the United States will make no further statements in this case prior to the sentencing.”
Eastern Idaho Man Sentenced for Selling Methamphetamine and GunsRead the Press Release
POCATELLO - Harold Thomas Barker, 59, of Rexburg, Idaho, was sentenced today in United States District Court to 24 months in prison followed by three years of supervised release for unlawfully transferring firearms and distributing methamphetamine, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Barker to pay a $500 fine. Barker was indicted by a federal grand jury in Pocatello on May 29, 2013, and entered his guilty plea on January 22, 2014.
According to the plea agreement, between May and July 2011, Barker sold eight firearms, assorted ammunition, and methamphetamine to an individual Barker knew was prohibited from possessing firearms. One of the firearms was a sawed-off shotgun. Barker agreed to forfeit $3,040, which constitute proceeds of his offenses.
The case was investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives and the Madison County Sheriff’s Office, with the assistance of the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).
Bonners Ferry Men Indicted for Violent ATM Theft in McCall and ATM Thefts in Boise, Meridian, Utah, Colorado, and WyomingRead the Press Release
BOISE — Nathan Paul Davenport, 34, and Matthew Taber Annable, 39, both formerly of Bonners Ferry, Idaho, were indicted today by a federal grand jury in Boise for multiple bank larcenies, conspiracy, and use of a deadly weapon during a felony offense, U.S. Attorney Wendy J. Olson announced.
The indictment, which supersedes an earlier indictment filed only against Davenport, charges that on January 10, 2014, Davenport and Annable, aiding and abetting each other, broke into and stole cash from an automated teller machine (ATM) located at the Idaho First Bank in McCall, Idaho. The indictment alleges that they possessed, carried, used, and discharged a firearm, specifically a Ruger semiautomatic rifle, in connection with the offense. The rifle was used to shoot at pursuing police officers. The indictment additionally charges both men with individual ATM larcenies committed against Idaho Banking Company in Boise and Meridian on January 5, 2014. The indictment also alleges conspiracy to commit a string of ATM larcenies in December, 2013 and January, 2014, which occurred in Wyoming; Colorado; Utah; Boise and Meridian, Idaho; and finally cumulated with the ATM theft in McCall, Idaho. Forfeiture allegations are also filed for the purpose of forfeiting firearms connected with the crimes and proceeds of the crimes.
“The theft of the McCall ATM and subsequent shootout with local law enforcement officers were violent and dangerous acts,” said Olson. “Where firearms are used to facilitate crimes such as this one and the associated conspiracy, Idaho law enforcement’s strong partnerships and ability to work with agencies in other states allow us to move quickly and 2 decisively. The investigation has been detailed and thorough to allow us to bring these additional charges.”
“The FBI appreciates the outstanding cooperation and professionalism of the Boise Police Department, Ada County Sheriff’s Office, McCall Police Department, Valley County Sheriff’s Office, Idaho State Police, United States Attorney’s Office, and many other law enforcement agencies in Idaho, Utah, Texas, and Wyoming,” said Mary Rook, FBI Special Agent in Charge for Utah, Idaho and Montana. “The joint efforts of these agencies were instrumental in resolving this case and ending a trail of ATM burglaries throughout the west. This case is an excellent example of what can be accomplished through cooperative law enforcement action.”
Davenport and Annable were arrested without incident on January 12, 2014, in Orem, Utah, in connection with a separate ATM robbery in Wyoming. The two men are currently in federal custody in Wyoming.
The charge of bank larceny by use of a dangerous weapon as charged in the Idaho indictment is punishable by up to 25 years in prison, a maximum fine of $250,000, and up to five years of supervised release. The charge of use of a deadly weapon during the commission of a felony offense is punishable by a mandatory minimum of ten years up to life imprisonment, a maximum fine of $250,000, and up to five years supervised release. The charge of bank larceny 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 conspiracy to commit bank larceny 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 Federal Bureau of Investigation, the Idaho State Police, the Valley County Sheriff’s Office, and the McCall Police Department.
Indictments and complaints are a means of charging a person with criminal activity. They are not evidence. The person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Blackfoot Man Sentenced for Drug DistributionRead the Press Release
POCATELLO – Eldon K. McConnell, 49, of Blackfoot, Idaho, was sentenced today to sixteen months in prison for possession with intent to distribute methamphetamine, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Robert J. Bryan also ordered McConnell to serve three years of supervised release following his release from prison. McConnell pleaded guilty to the charge on January 16, 2014.
According to the plea agreement, on November 30, 2011, the defendant was contacted by law enforcement officers at the Ramada Inn, Chubbuck, Idaho. The defendant had, in the hotel room, approximately 3.7 grams of methamphetamine. The defendant possessed the methamphetamine intending to distribute it to another person, and admitted to such in a subsequent interview with officers.
The case was investigated by Idaho State Police, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and Chubbuck Police Department.
Rigby Man Sentenced for Unlawfully Possessing FirearmRead the Press Release
POCATELLO — Gary Wallace Hoffman, 50, of Rigby, Idaho, was sentenced today in United States District Court to 90 days in prison followed by six months of home detention for unlawful possession of a firearm, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Robert J. Bryan also ordered Hoffman to serve three years of supervised release following his release from prison. Hoffman was indicted by a federal grand jury in Pocatello on May 29, 2013, and pleaded guilty on January 15, 2014.
According to the plea agreement, on May 29, 2012, Hoffman sold .81 grams of methamphetamine and a 9 millimeter Glock pistol to another individual in Rexburg, Idaho. Hoffman received $120 for the methamphetamine and $580 for the firearm. Hoffman is prohibited from possessing firearms due to a drug conviction in Bonneville County, Idaho, in 2004.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Madison County Sheriff’s Office, with the assistance of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).
Payette Man Sentenced to 78 Months in Federal Prison for Possessing Child PornographyRead the Press Release
BOISE – Steven Ray Hemenway, 47, of Payette, Idaho, was sentenced today in United States District Court to 78 months in prison for possessing sexually explicit images of minors, U.S. Attorney Wendy J. Olson announced. United States District Judge Edward J. Lodge also ordered Hemenway to serve 20 years of supervised release, during which he will undergo treatment for sexual deviancy, adhere to conditions designed to protect the public and must register as a sex offender. He pleaded guilty to the charge on December 2, 2013.
According to court documents, in December 2012, law enforcement officers executed a search warrant at a residence in Toronto, Ontario. The individual at that residence confessed to distributing images of child pornography via his email account. Investigators reviewed the account and developed information that the Canadian offender had sent images and videos of child pornography to an email account associated with Hemenway.
On February 26, 2013, federal agents, assisted by officers from the Payette Police Department, performed a “knock-and-talk” at Hemenway’s home in Payette. During an interview, Hemenway admitted that he had been receiving child pornography via the Internet for several years. He also told agents that he had sent between 100 and 500 images of child pornography to approximately ten other email accounts during the previous year. Hemenway consented to a search of his laptop computer and investigators found child pornography and child erotica.
The images and videos recovered from Hemenway’s computer confirmed that the user had been receiving and distributing child pornography, including sexually explicit material depicting prepubescent minors. Investigators sent the material to the National Center for Missing and Exploited Children (NCMEC) for analysis and comparison with previously identified victims of abuse. According to NCMEC, among the images found on Hemenway’s computer were known victims of sexual abuse from the states of North Carolina, Georgia, Washington, Missouri, Connecticut, Kentucky, Pennsylvania, as well as from Canada, United Kingdom, Ukraine, France, and Belgium.
The case was investigated by the Department of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), an affiliate of the Idaho Internet Crimes Against Children Task Force (ICAC), with the assistance of the Payette 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.” For more information about the Idaho ICAC, see http://www.icacidaho.org/index.html.
Mexican National Sentenced for Unlawful Possession of FirearmRead the Press Release
POCATELLO — Rigoberto Torres-Perez, 31, of Idaho Falls, Idaho, was sentenced today in United States District Court to nine months in prison for unlawful possession of a firearm, U.S. Attorney Wendy J. Olson announced. Torres-Perez was indicted by a federal grand jury in Pocatello on June 25, 2013, and pleaded guilty on January 15, 2014.
According to the plea agreement, police officers encountered Torres-Perez on November 4, 2012, during a search of another individual’s residence in Idaho Falls. Torres-Perez was in possession of a 9 millimeter pistol with an obliterated serial number. Torres-Perez is prohibited from possessing firearms due to a drug conviction in Arizona in 2006.
The case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Idaho Falls Police Department.
Twin Falls Man Sentenced to Prison for Possession with Intent to Distribute MethamphetamineRead the Press Release
BOISE – Robert Lyman Kundert, 33, of Twin Falls, Idaho, was sentenced today to serve 160 months in federal prison, U.S. Attorney Wendy J. Olson announced. United States District Judge Edward J. Lodge also ordered Kundert to serve five years of supervised release following his release from prison. Kundert pleaded guilty to the charge on January 14, 2014.
According to court documents, on October 4, 2012, Kundert fled the scene of an automobile accident. He was located by police at a residence in Twin Falls, Idaho. During the search of the house, law enforcement located approximately 863 grams of pure methamphetamine hidden in the attic. Kundert admitted to possessing the methamphetamine with the intent to distribute it to others.
Kundert has previously been convicted three times for possession of methamphetamine.
The case was investigated by Twin Falls Police Department, the Twin Falls Sheriff’s Department, and the Drug Enforcement Administration.
Last Major Defendant in 20-Defendant Meth Distribution Ring SentencedRead the Press Release
Two Defendants Still Await Sentencing, and One Remains at Large
BOISE – Andrew Polney, 52, of Boise, Idaho, was sentenced today by U.S. District Judge Edward J. Lodge to 130 months in prison followed by five years of supervised release for Possession with Intent to Distribute a Controlled Substance, U.S. Attorney Wendy J. Olson announced. Polney was also sentenced to 60 months in prison followed by three years of supervised release for Interstate Transportation in Aid of Racketeering Enterprise. The sentences will run concurrently.
Judge Lodge also ordered Polney to pay a $2,000 fine and a special assessment of $100 on each count.
According to court documents, the conspiracy involved two distribution cells in the Treasure Valley: one led by Jason Holmberg, the other by Andrew Polney. Kenneth Jones supplied multi-pound shipments of methamphetamine for transport to the Treasure Valley for distribution. The group operated from about June 2012, through the time of the various arrests on April 18, 2013, and May 23, 2013.
Nine co-defendants have been sentenced. Jason Holmberg, 38, of Middleton, Idaho, was sentenced to 180 months in prison for Possession with Intent to Distribute a Controlled Substance, and Interstate Transportation in Aid of Racketeering Enterprise. Kenneth Jones, 47, of Rio Linda, California, was sentenced to 130 months in prison for Possession with Intent to Distribute a Controlled Substance and Interstate Transport in Aid of Racketeering. Jerry Holmberg, 65, of Marsing, Idaho, was sentenced to 41 months in prison for Possession with Intent to Distribute a Controlled Substance. Randy Beal, 59, of Caldwell, Idaho, was sentenced to 57 months in prison also for Possession with Intent to Distribute a Controlled Substance. Cynthia Prado, 32, of Boise, Idaho, was sentenced to 30 months in prison for Interstate Transport in Aid of Racketeering. Randi Seferos, 25, of Boise, Idaho, was sentenced to 110 months in prison for Possession with Intent to Distribute a Controlled Substance. Patrick Siemsen, 56, of Meridian, Idaho, was sentenced to 60 months in prison for Interstate Transportation in Aid of Racketeering Enterprise. Doreen Obrien, 44, of Caldwell, Idaho, was sentenced to 66 months in prison for Possession with Intent to Distribute a Controlled Substance. Robbie Gallegos, 43, of Boise, Idaho, was sentenced to 33 months in prison for use of a communication device in committing a drug trafficking offense.
Of the other 10 defendants charged: five, who had lesser roles, have been sentenced to lesser penalties; one has pleaded guilty and will be sentenced tomorrow; one has pleaded guilty and will be sentenced in July; and sentencing for another has not yet been set. Charges against one defendant were dismissed, subject to being re-filed. One defendant remains at large.
The indictment is 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 the Nampa Police Department and Boise Police Department. Other federal agencies participating in the OCDETF program include the Bureau of Alcohol, Tobacco, Firearms and Explosives, Bureau of Land Management, Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Internal Revenue Service-Criminal Investigation, and U.S. Marshals Service.
The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
Kuna Man Pleads Guilty to Child Pornography ChargeRead the Press Release
BOISE - Ian Quincy Winn, 48, of Kuna, Idaho, pleaded guilty today to Receipt and Attempted Receipt of Sexually Explicit Images of Minors, U.S. Attorney Wendy J. Olson announced.
According to the plea agreement, Winn engaged in online chats with an undercover Homeland Security Investigations (HSI) special agent between October 2012 and July 2013. During these chats, Winn spoke extensively about his interest in the torture, rape and murder of a (fictitious) six-year-old child whom the undercover agent claimed was his niece. Winn did not know the child was fictitious. In June, Winn asked the undercover agent to send him a photo of the fictitious six-year-old performing a sexual act.
HSI special agents obtained a search warrant and served it at Winn’s home in Kuna on August 12, 2013. They seized several computers and electronic storage devices containing child pornography, including sexually explicit images of prepubescent females. Agents sent the images to the National Center for Missing and Exploited Children (NCMEC), which maintains a database of previously identified victims of abuse. The NCMEC reported that the images found on Winn’s computer included known victims from California, Texas, Belgium, Missouri, Indiana, Washington, the Republic of Moldova and Ukraine. Winn confessed that he had been conducting online searches for erotic and sexually explicit images of young girls for about three to four years.
The charge of Receipt and Attempted Receipt of Sexually Explicit Images of Minors is punishable by from 5 years, up to 20 years in prison, a maximum fine of $250,000, and from 5 years to lifetime supervised release.
Sentencing is set for June 30, 2014, before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.
The case was investigated by agents from the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), in Boise and North Platte, Nebraska, assisted by investigators from the United States Postal Inspection Service and the Kuna Police Department.
Homeland Security Investigations and the United States Postal Inspection Service are members 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.”
Idaho Falls Man Sentenced to Prison for Passing Counterfeit Currency at Local BusinessesRead the Press Release
BOISE - Duane Gene Harpe, 45, of Idaho Falls, Idaho, was sentenced today to serve 12 months and 1 day in federal prison for passing counterfeit currency at Treasure Valley Businesses, U.S. Attorney Wendy J. Olson announced. United States District Judge Edward J. Lodge also ordered Harpe to serve three years of supervised release following his release from prison. Harpe pleaded guilty to the charge on January 14, 2014.
According to court documents, in April of 2013, Harpe traveled from Idaho Falls to Boise with numerous counterfeit $20, $50, and $100 bills. Harpe admitted to traveling to Boise in order to purchase heroin with the counterfeit money. When he was unable to pass the counterfeit bills in exchange for heroin, he used approximately $250 of counterfeit money at several fast food restaurants and gas stations in Boise. Judge Lodge ordered the defendant to pay restitution in the amount of $250 to the establishments in which he was successful in passing counterfeit bills.
The case was investigated by the Boise Police Department and the Secret Service.
Fort Hall Woman Pleads Guilty to Assaulting A Federal OfficerRead the Press Release
POCATELLO – Kayla Teton, 23, of Fort Hall, Idaho, pleaded guilty today in United States District Court to assaulting a federal officer, U.S. Attorney Wendy J. Olson announced. She was indicted on February 26, 2013.
On January 6, 2013, Teton was arrested on the Fort Hall Indian Reservation for intoxication. She was taken to the Fort Hall Correction Center where she refused to change into jail clothing, and slapped a Fort Hall Corrections officer in the face with her hand.
The charge is punishable by up to eight years in prison, a maximum fine of $250,000, and up to three years of supervised release.
Teton is set for sentencing on June 18, 2014, by Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
The case was investigated by the Fort Hall Police Department and the Federal Bureau of Investigation.
Nampa Man Sentenced to 168 Months in Prison for Drug and Gun ChargesRead the Press Release
BOISE – Darrell Ray Zirschky, 32, of Nampa, Idaho, was sentenced today to 168 months in prison for conspiracy to distribute methamphetamine and unlawful possession of a firearm, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Zirschky to serve five years of supervised release following his release from prison. Zirschky pleaded guilty to the charges on November 15, 2013.
According to information presented in court, Zirschky agreed to help others distribute methamphetamine beginning in approximately January 2013. Zirschky participated in the on-going distribution of methamphetamine until April 2013. Zirschky was present on March 25, 2013, when co-defendant Jeramie Mahler shot another person during the course of the drug conspiracy. Zirschky was later arrested by the United States Marshals Service Greater Idaho Fugitive Task Force (GIFTF) on April 9, 2013, on an outstanding arrest warrant. When agents arrested Zirschky they found a 9-millimeter handgun in his possession. Zirschky is prohibited from possessing firearms because he was previously convicted of the felony crimes of possessing a controlled substance in 2001, delivery of a controlled substance in 2001, and lewd conduct with a minor in 2004.
Zirschky and ten other individuals were indicted on July 9, 2013, in a case including charges of conspiracy to distribute methamphetamine, distribution of methamphetamine, distribution of cocaine, and unlawful possession of firearms. The defendants are responsible for distributing pounds of methamphetamine within the community. During the investigation, law enforcement agents seized twelve firearms, including a stolen firearm, and an illegal fully-automatic machine gun. All eleven defendants have pleaded guilty, including defendant Jeramie Mahler, who pleaded guilty earlier this month to conspiracy to distribute methamphetamine and discharging a firearm in furtherance of a drug trafficking crime. Zirschky is the fifth defendant to be sentenced; co-defendants Wendy Harrison and Bobbi Eileen Woolsey were both sentenced previously to 84 months in prison and Nearia Pinnell was sentenced to 33 months in prison; Daniel Vaughan was sentenced to 80 months in prison.
The case was investigated by the Treasure Valley Metro Violent Crimes Task Force, which 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. Other agencies that contributed to this investigation include the Drug Enforcement Administration, the U.S. Marshals Service, Nampa Police Department, Caldwell Police Department, Canyon County Sheriff’s Office, and Ada County Sheriff’s Office.
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.
Caldwell Man Pleads Guilty to Possessing Sawed-Off ShotgunRead the Press Release
BOISE – Anthony Michael Payment, 21, of Caldwell, Idaho, pleaded guilty today in United States District Court in Boise to unlawfully possessing a sawed-off shotgun, U.S. Attorney Wendy J. Olson announced.
According to information presented in court, Payment possessed a Bay State, 20 gauge sawed-off shotgun on August 19, 2013. Probation officers and officers with the Nampa Police Department responded to a residence after learning that Payment possessed a firearm. Officers found the sawed-off shotgun and Payment was arrested a short time later. The barrel of the shotgun measured less than twelve inches in length. The National Firearms Act requires such a shotgun to be registered if the barrel is less than eighteen inches in length.
The charge is punishable by up to ten years in prison, a maximum fine of $250,000, and up to three years supervised release. The government is also seeking forfeiture of the sawed-off shotgun. Sentencing is set for June 3, 2014, before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.
The case was investigated by the Idaho Department of Probation and Parole, the Nampa Police Department, the Treasure Valley Metro Violent Crimes Task Force and the Bureau of Alcohol, Tobacco, Firearms and Explosives. 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.
Lapwai Man Indicted for First Degree MurderRead the Press Release
COEUR D’ALENE – Raymond Antoine Scott, Jr., 37, of Lapwai, Idaho, was indicted by a federal grand jury in Coeur d’Alene yesterday for first degree murder, U.S. Attorney Wendy J. Olson announced. Scott is currently being held at the Yakama Tribal Jail in Toppenish, Washington. An initial appearance in federal court has not been set.
The indictment alleges that on or about July 9, 2013, within the boundaries of the Nez Perce Indian Reservation, Scott, an enrolled tribal member, killed William Reich, also an enrolled tribal member.
The charge of first degree murder is punishable by life in prison and a maximum fine of $250,000.
The case is being investigated by the Federal Bureau of Investigation, Nez Perce Tribal Police, and the Lewiston City Police Department.
An indictment is a means of charging a person with criminal activity. It is not evidence. The person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Dakota Southern Railroad Supervisor Admits to Negligent EndangermentRead the Press Release
COEUR D’ALENE – John Wilhelm Myre, 55, of Garretson, South Dakota, pleaded guilty yesterday to negligent endangerment under the Clean Air Act, U.S. Attorney Wendy J. Olson announced. Myre was charged by information on February 3, 2014.
According to the plea agreement, Myre admitted that between January 25 and 29, 2013, he was the supervisor of approximately five laborers for Dakota Southern Railroad. While the employees were working in Kamiah, Idaho, Myre directed them to use acetylene cutting torches to cut apart steel beams from an old railroad trestle. These steel beams were painted with lead- based paint. When the paint was burned by the torches it became volatilized and released lead compounds into the air. One of the workers was taken to the hospital and diagnosed with acute lead poisoning. Dakota Southern Railroad was not prosecuted.
The charge of negligent endangerment pursuant to the Clean Air Act is punishable by up to one year in prison, a maximum fine of $100,000, and five years’ probation.
Sentencing is set for June 17, 2014, before U.S. District Judge Edward J. Lodge at the federal courthouse in Coeur d’Alene.
The case was investigated by the Environmental Protection Agency.
Co-Defendant Sentenced in MarCon CaseRead the Press Release
Federal Jury Found Company Shareholder Guilty of Obstruction of Justice and
Conspiracy to Obstruct JusticeBOISE – Darrell Swigert, 68, of Boise, Idaho, the second of two defendants in a Treasure Valley federal fraud case, was sentenced to three months in prison followed by two years of supervised release, U.S. Attorney Wendy J. Olson and Assistant Attorney General for the Tax Division Kathryn Keneally announced. Chief U.S. District B. Lynn Winmill also ordered Swigert to pay a $5,000 fine and perform 100 hours of community service. Swigert was convicted by a federal jury on September 19, 2013, of two counts of obstruction of justice and one count of conspiracy to obstruct justice.
Swigert was a co-owner of MarCon, Inc., a highway construction company that specialized in guardrail installation. Swigert’s co-defendant, Elaine Martin, of Meridian, Idaho, the former president and majority stockholder of MarCon, was sentenced on February 27, 2014, to 84 months in prison for wire fraud and mail fraud. She was sentenced to 24 months in prison for conspiracy, tax fraud, and obstruction of justice, with the sentences to run concurrently. Martin was ordered to pay restitution of $98,825.20 to the Internal Revenue Service and $32,575.28 to the Idaho Disadvantaged Business Enterprise (DBE) Program, as well as prosecution costs of $22,859.60. Martin also forfeited $3,084,038.05, which was paid in full prior to sentencing.
Swigert was convicted of obstructing the then-pending IRS civil audit, as well as the subsequent criminal investigations by the IRS and U.S. Attorney’s Office for the District of Idaho. During the 26-day trial, the jury heard evidence that Swigert conspired with Martin and others to provide false and fraudulent information to the IRS revenue agent who was conducting the civil audit of MarCon and Martin. The jury also heard that Swigert provided hundreds of thousands of dollars in loans to MarCon and a closely related company, Martin Swigert LLP, although he denied knowledge of these loans before the grand jury. Swigert was also convicted of fabricating documents that were designed to conceal over $250,000 that he was holding off the books for Martin. When asked about one of these documents in grand jury, Swigert falsely claimed that the money was his, and that he was giving the money to Martin in thanks for her investment advice over the years.
The jury also heard evidence that Swigert assisted Martin in submitting false and fraudulent applications so that her construction company, MarCon, could participate in two different federally funded programs, the U.S. Small Business Administration (SBA) 8(a) Program, and the Department of Transportation DBE Program. Both programs are designed to help economically and socially disadvantaged businesses compete in the marketplace. To be admitted into the program, the owner/shareholder who qualifies as socially disadvantaged must also demonstrate economic disadvantage, in part by having a personal net worth below a certain statutory cap. Martin took steps to artificially lower her personal net worth, such as by failing to report all of her income from MarCon, and acquiring, holding and transferring assets into the names of nominees in order to appear to be economically disadvantaged. At trial, the government presented evidence that one of these nominees was Swigert. The jury heard evidence that MarCon received more than $2.5 million in government contracts based on the company’s fraudulently obtained SBA 8(a) status, and that MarCon received more than $15 million in government contracts based on the company’s fraudulently obtained DBE status in the states of Idaho and Utah. Swigert, as a co-owner of MarCon, was shown to have financially benefited from these fraudulently-obtained contracts.
“This sentence sends a strong message to those who lie to obtain preferences for federal contract awards,” said Inspector General Peggy E. Gustafson of the Small Business Administration. “We are committed to helping ensure that only eligible disadvantaged small businesses benefit from the SBA’s 8(a) Business Development Program.”
“The sentence handed down today is a clear signal that severe penalties await those that would seek to defraud DOT’s DBE Program,” said William Swallow, regional Special Agent-in-Charge of the DOT’s Office of Inspector General. “DBE fraud harms the integrity of the program and adversely impacts law-abiding, small business contractors trying to compete on a level playing field. Working with the Secretary of Transportation and other DOT leaders, and our law enforcement and prosecutorial colleagues, we will continue to protect the taxpayers’ investment in our nation’s infrastructure from fraud, waste, abuse and violations of law.”
The case was investigated by Internal Revenue Service-Criminal Investigation, Federal Bureau of Investigation, the Office of Inspector General for the U.S. Small Business Administration, and the Office of Inspector General for the U.S. Department of Transportation. It was prosecuted by Assistant U.S. Attorney George Breitsameter and Trial Attorneys Katherine Wong and Mark Williams from the Tax Division.
Today’s announcement is part of an effort by President Obama's Financial Fraud Enforcement Task Force (FFETF), created in November 2009, to combat financial fraud crimes by waging aggressive, coordinated and proactive investigations and prosecutions. With more than 20 federal agencies, 94 U.S. attorneys' offices and state and local partners, the task force is 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.
Two Traveling Through Idaho Sentenced for Meth TraffickingRead the Press Release
POCATELLO – Co-defendants Robert Anthony Johnson, 33, of Fairview, Montana, and Brandy Rachelle Felts-Patelzik, 40, of Watford City, California, were sentenced today in United States District Court in Pocatello for possession with intent to distribute methamphetamine, U.S. Attorney Wendy J. Olson announced.
U.S. District Judge Brian Ted Stewart, from the District of Utah, sentenced Johnson to 75 months and Felts-Patelzik to 12 months in prison, followed by four years of supervised release. Johnson was also ordered to pay a $1,500 fine. The two pleaded guilty to the charge on December 2, 2013.
According to the plea agreements, on February 25, 2013, the defendants were traveling from Nevada to North Dakota. While en route, they were stopped by Idaho State Police in Madison County, Idaho. A subsequent search by law enforcement found them to be in possession of one and one-half pounds of a mixture containing methamphetamine.
Co-defendant Wes Elden Williams, 56, of Ririe, Idaho, is set for sentencing on April 21, 2014. He pleaded guilty on January 29, 2014, to possession with intent to distribute methamphetamine. He faces up to 20 years in prison, a maximum fine of $1 million, and at least three years of supervised release.
The case is the result of a joint investigation by Idaho State Police and the Madison County Sheriff’s Office.
Third Person Pleads Guilty in HUD Mortgage Fraud CaseRead the Press Release
Defendant’s Mother and Former Husband Sentenced Last Year
for Their Roles in the SchemePOCATELLO – U.S. Attorney Wendy J. Olson announced that Sarah Kate Henecke, 35, also known as Alessandra Valencia Toscanelli, of Las Vegas, Nevada, pleaded guilty today to making a false statement on a residential loan application to the Department of Housing and Urban Development. Henecke was arrested in Nevada on December 11, 2013. She appeared today before U.S. District Judge Edward J. Lodge at the federal courthouse in Pocatello. Sentencing is set for June 9, 2014.
A federal grand jury in Boise indicted Henecke on November 13, 2013. She was charged with one misdemeanor count of making a false statement on a residential loan application to the Department of Housing and Urban Development (HUD) on a guaranteed loan. She admitted to misrepresenting that she had employment income of $2,400 per month, when in fact she was not employed.
Darin Henecke, 37, of Pocatello, Idaho, and Sarah Henecke’s mother, Karen DeWall Shaw, 60, of Chubbuck, Idaho, pleaded guilty last year to a misdemeanor charge of making a false statement. They were sentenced on September 25, 2013, to five years of probation and each ordered to pay $42,905 in restitution. According to the plea agreement filed in the case, on March 13, 2009, Darin Henecke obtained a residential loan to finance the purchase of a residence in Eagle, Idaho. The loan was funded based in part on the false statement allegedly made by Sarah Henecke. Shortly after the loan was funded, it went into default and foreclosure, causing HUD to sustain a loss. When interviewed by investigators, Darin Henecke admitted that he knew false employment information was submitted to obtain the loan. Shaw admitted that she assisted in the fraud by providing false employment information in order for the borrowers to qualify for the loan.
The case was investigated by the U.S. Department of Housing and Urban Development Office of Inspector General (HUD-OIG).
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.
Third Defendant Sentenced in Bonneville Co. Traffic Stop Meth Distribution CaseRead the Press Release
POCATELLO — Angelica Campos, 27, of Caldwell, Idaho, was sentenced today to 121 months in prison and fined $500 for conspiring to distribute and to possess with intent to distribute methamphetamine, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Brian Ted Stewart of the District of Utah also ordered Campos to serve five years of supervised release following her prison term, and to forfeit all property used to commit the crime and proceeds derived from the crime. Campos pleaded guilty to the charges on October 23, 2013.
According to court records, an Idaho State Police trooper stopped a vehicle being driven by co-defendant Noe Gonzalez on February 12, 2013, in Bonneville County. Campos was a passenger, and both she and Gonzalez were ultimately arrested. Pursuant to a search warrant, the vehicle was searched the next day. Hidden in the dash of the vehicle, police found a white tube sock containing four baggies of methamphetamine within a larger zip lock bag. The methamphetamine totaled 95.53 grams. Police also found a handgun and loaded magazine in the glove box. Recorded calls between Campos and her sister, Vanessa Campos, revealed that Vanessa Campos planned to get the vehicle out of police impound and recover the methamphetamine before it was discovered by law enforcement. By the time Vanessa Campos recovered the vehicle, the police had already located the drugs.
Vanessa Campos, 25, and Gonzalez, 29, both of Caldwell, Idaho, were sentenced in January to serve 47 months and 151 months, respectively, for their roles in the conspiracy.
The case was the result of an investigation by the Organized Crime Drug Enforcement Task Force (OCDETF), which included the cooperative law enforcement efforts of the Idaho State Police, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Bonneville County Sheriff's Office, Idaho Falls Police Department, Madison County Sheriff's Office, Rexburg Police Department, Bingham County Sheriff’s Office, Fremont County Sheriff’s Office, Federal Bureau of Investigation (FBI), Internal Revenue Service-Criminal Investigation (IRS-CI), and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Other federal agencies participating in the OCDETF program include the Drug Enforcement Administration and the U.S. Marshals Service.
The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
Nevada Man Sentenced for Assaulting Fort Hall Correction Center OfficerRead the Press Release
POCATELLO – Clayton Amos Lossing, 54, of McDermitt, Nevada, was sentenced today in United States District Court to 34 months in prison followed by three years of supervised release for assault on a federal officer, U.S. Attorney Wendy J. Olson announced. Lossing appeared before U.S. District Judge Brian Ted Stewart of the District of Utah. He was indicted by a federal grand jury in Pocatello on July 23, 2013, and pleaded guilty on November 19, 2013.
According to the plea agreement, on May 5, 2013, Lossing was arrested for intoxication by Fort Hall Police and transported to the Fort Hall Correction Center. During the booking process, Lossing kneed an officer in the groin, causing the officer significant pain requiring medical attention.
The case was investigated by the Fort Hall Police Department and the Federal Bureau of Investigation.
Mexican National Sentenced to 57 Months for Meth TraffickingRead the Press Release
POCATELLO – Humberto Ontiveros-Dias, 32, a Mexican national formerly living in Rexburg, Idaho, was sentenced today in United States District Court to 57 months in prison for distribution of methamphetamine and cocaine, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Brian Ted Stewart, from the District of Utah, also ordered Ontiveros-Dias to serve four years of supervised release following his prison term, and to forfeit all property used to commit the crime and proceeds derived from the crime. He pleaded guilty to the charge on October 16, 2013.
According to the plea agreement, on March 2, 2012, Ontiveros-Dias agreed to sell an individual working as an undercover police officer an ounce of methamphetamine. The same day, Ontiveros-Dias met the undercover officer at a commercial parking lot in Rexburg. The meeting was monitored by law enforcement. During the meeting, Ontiveros-Dias sold the undercover officer two baggies of methamphetamine for $1,400. On March 9, 2012, Ontiveros-Dias agreed to sell the undercover officer an ounce of methamphetamine and an ounce of cocaine at the same parking lot in Rexburg, and was again monitored by law enforcement. During the meeting, Ontiveros-Dias sold the undercover officer approximately one ounce of methamphetamine for $1,300 and one ounce of cocaine for $1,100.
The case is the result of a joint investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Federal Bureau of Investigation, the Madison County Sheriff’s Office, and the Idaho State Police.
Idaho Falls Man Sentenced for Interstate Transportation of Property Taken by FraudRead the Press Release
Defendant Ordered to Pay Over $2 Million in Restitution to Victims of Fraud
POCATELLO – Gene Edward Hinsley, 64, of Idaho Falls, Idaho, was sentenced today to five years of probation for interstate transportation of property taken by fraud, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Hinsley to serve six months of home detention and pay $2,012,539.55 in restitution to victims of the fraud.
On October 8, 2013, Hinsley was convicted by a federal jury in Pocatello on count eight of the indictment that charged him with interstate transportation of property taken by fraud. The jury was unable to reach a unanimous verdict on the remaining seven counts, including charges of wire fraud and mail fraud. Prior to sentencing, the defendant and the government entered into a post-trial agreement in which the government agreed to dismiss the remaining counts and the court could consider “relevant conduct” in determining Hinsley’s sentence.
During the six-day trial, the jury heard evidence that between 2004 and 2008, Hinsley, who was the sole owner and operator of Galaxy Coin LLC, a business located in Idaho Falls, schemed to defraud investors by obtaining money in connection with what he represented as securities issued in the form of investment contracts for speculating in the silver market. According to the evidence, Hinsley transmitted account statements and letters regarding the status of investments, by wire and the U.S. Postal Service. Hinsley did not register the securities he was selling and he was not a registered securities broker-dealer.
The government presented evidence that in 2004, Hinsley began offering an investment program that used his expertise to buy and sell silver and would generate a return on investment by selling the silver for more than the purchase price. The parties’ agreement provided that the investor would earn a profit by investing money with Hinsley, and that the investor was not expected to expend any effort to obtain the return other than providing the investment funds. According to the evidence, Hinsley misrepresented to investors that their investment was low-risk, risk free, or moderately risky; that the investors’ only risk was that they might end up with the silver; and that the investors could withdraw all or part of their invested funds upon notice. The jury heard evidence that Hinsley did not return the money when requested by investors to do so.
The government presented evidence that Hinsley’s investment scheme was structured to pay investors 80% of profits and Hinsley 20%. As Hinsley gained investors and conducted more transactions, he eventually switched to a fixed rate of return of 13% every two months, or 78% annually. Hinsley initially paid investors the returns he promised and, based on the reliability of generous investment returns and bi-monthly, e-mailed account statements, misled investors into believing he was investing prudently and obtaining consistent monthly returns. Because of these misrepresentations, investors did not attempt to remove their investment and generated a positive image to attract new investors.
The jury also heard evidence that in April 2008, Hinsley notified investors that he was unable to purchase silver due to its declining price and no one would sell to him; that he was reducing the return to 2% per month, or 24% annually; and that he would not return their investments until October 2008. In September 2008, Hinsley told investors that he would continue to pay the 2% monthly return, but would postpone payouts of the principal for an additional six months. Because Hinsley failed to maintain accurate business records, the government estimated that he issued investment contracts to over 100 investors of over $4 million, with a net loss of between $1.5 million and $2 million.
The case was investigated by the Federal Bureau of Investigation.
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 Eagle Resident Pleads Guilty to Child Sexual Exploitation OffensesRead the Press Release
Man was Fugitive for Ten Years
BOISE — Gerald Lee Farrell, Jr., 46, formerly of Eagle, Idaho, pleaded guilty today in United States District Court to one count of interstate travel with a minor with the intent to engage in criminal sexual activity and one count of possessing sexually explicit images of minors, U.S. Attorney Wendy J. Olson announced. Farrell entered his plea in front of visiting Ninth Circuit Court of Appeals Judge A. Wallace Tashima, who was hearing the case by designation.
Farrell was indicted by a federal grand jury in Boise in September 2004. A superseding indictment was returned in October 2004. Farrell had been a fugitive since January of 2004. He was arrested in Spain in July 2013 and extradited to the United States in December 2013.
According to the plea agreement, Farrell and his wife became a host family for a 16-year-old German female exchange student in August 2003. The plea agreement further states that throughout the fall of 2003, the defendant sought various opportunities to observe the girl nude or partially nude and that he engaged her in conversations of a sexual nature. In December 2003, Farrell took the girl to Nevada. One night, she woke up to find the defendant lying across her stomach and trying to remove her panties. The girl was able to push the defendant away. According to the plea agreement, the girl told others about Farrell’s conduct when they returned to Idaho. Ada County Sheriff’s Office deputies executed a search warrant at Farrell’s Eagle home on January 4, 2004, and seized his computer and other items. Farrell and his wife fled Idaho for Switzerland approximately a week later. According to the plea agreement, a forensic examiner found video files of children under 18 engaging in sexually explicit conduct on Farrell’s seized computer hard drive. These images were of minors other than the foreign exchange student.
“This case shows that law enforcement at all levels is committed to aggressively pursuing those who would sexually exploit children,” said Olson. “Perpetrators of these crimes against our children cannot run and cannot hide. We will be patient, and we will find you. I commend the persistence of FBI Special Agent Mary Martin and the now-retired Ada County Sheriff’s Office detectives who worked long hours over many years to bring Mr. Farrell to justice. I also commend the many civilian witnesses, including those with the foreign exchange student program and the victim in this case, for their cooperation and readiness to testify so long after the crimes were committed.”
The charge of interstate travel with a minor with the intent to engage in criminal sexual activity is punished by a minimum of five years and a maximum of thirty years in prison, a maximum fine of $250,000, and up to lifetime supervised release. The charge of possession of sexually explicit images of minors is punishable by up to ten years in prison, a maximum fine of $250,000, and up to lifetime supervised release.
Sentencing is set for May 27, 2014, before the Hon. Dee V. Benson, U.S. District Judge for the District of Utah, at the federal courthouse in Boise.
The case was investigated by the Federal Bureau of Investigation and the Ada County Sheriff’s Office.
Nevada Man Pleads Guilty to Federal Drug Charges in IdahoRead the Press Release
BOISE – Jose E. Carrillo, 26, of Las Vegas, Nevada, pleaded guilty today in United States District Court to distribution of methamphetamine, U.S. Attorney Wendy J. Olson announced. Carrillo was indicted by a federal grand jury in Boise, Idaho, on May 29, 2013.
According to the plea agreement, Carrillo admitted that on April 13, 2013, he met with and delivered methamphetamine to an undercover officer at a parking lot in Meridian, Idaho.
The charge is punishable by up to 20 years in prison, a maximum fine of $1 million, and at least three years of supervised release.
Carrillo is set for sentencing on May 29, 2014, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise.
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 (DEA), in conjunction with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Meridian Police Department, and the Ada County Sheriff’s Office. Other federal agencies participating in the OCDETF program include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Internal Revenue Service-Criminal Investigation, Federal Bureau of Investigation (FBI), 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.
Three Plead Guilty to Meth Trafficking ChargesRead the Press Release
POCATELLO – Three co-defendants pleaded guilty this week to federal methamphetamine trafficking charges, U.S. Attorney Wendy J. Olson announced.
Jose Guadalupe Juarez, 33, of Rupert, Idaho, and Anthony Juarez, 30, of Nampa, Idaho, pleaded guilty on Monday in United States District Court to distribution of methamphetamine; Alexander Villasenor, 34, of Heyburn, Idaho, pleaded guilty yesterday to conspiracy to distribute methamphetamine. The defendants were indicted by a federal grand jury in Pocatello, Idaho, on August 28, 2013.
According to their plea agreements, Jose Guadalupe Juarez and Anthony Juarez admitted that on July 24, 2013, they assisted in the delivery of methamphetamine to an undercover officer in Burley, Idaho. Alexander Villasenor admitted that from December 2012 to May 2013, he received methamphetamine from several other individuals in Rupert and subsequently distributed it.
The defendants each face up to 20 years in prison, a maximum fine of $1 million, and at least three years of supervised release.
Jose Juarez and Anthony Juarez are scheduled to be sentenced on May 21, 2014, and Villasenor on June 17, by Chief U.S. District Judge B. Lynn Winmill.
Three co-defendants, Juan Ramon Yuen-Rodriguez, 29, and Jose Fabian Felix-Burgos, 41, both of Rupert, and Jesus Burgos, 62, of Lennox, California, are set for trial on May 19, 2014, on related drug charges.
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.
Nampa Man Sentenced to 80 Months in Prison in Meth Trafficking CaseRead the Press Release
BOISE – Daniel Eric Vaughan, 52, of Nampa, Idaho, was sentenced today to 80 months in prison for his role in a conspiracy to distribute methamphetamine, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Vaughan to serve five years of supervised release following his release from prison. Vaughan pleaded guilty to the charge on November 18, 2013.
According to information presented in court, Vaughan and other co-defendants agreed to distribute methamphetamine. Vaughan admitted that he was aware of the ongoing distribution of methamphetamine from his residence and that he helped to distribute the methamphetamine. Vaughan has two prior convictions for felony drug offenses from 2003.
Vaughan and ten other individuals were indicted on July 9, 2013, in a case including charges of conspiracy to distribute methamphetamine, distribution of methamphetamine, distribution of cocaine, and unlawful possession of firearms. All eleven defendants have pleaded guilty, including defendant Jeramie Mahler, who pleaded guilty last week to conspiracy to distribute methamphetamine and discharging a firearm in furtherance of a drug trafficking crime. Vaughan is the fourth defendant to be sentenced; co-defendants Wendy Harrison and Bobbi Eileen Woolsey were both sentenced previously to 84 months in prison and Nearia Pinnell was sentenced to 33 months in prison.
The case was investigated by the Treasure Valley Metro Violent Crimes Task Force, with assistance from the Nampa Police Department. The Treasure Valley Metro Violent Crimes Task Force is comprised of federal, state and local agencies, including the Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; Boise Police Department; Ada County Sheriff’s Office; Caldwell Police Department; Nampa Police Department; Meridian Police Department; Canyon County Sheriff’s Office; and Idaho Department of Probation and Parole.
The 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.
Eleven People Indicted for Conspiring to Traffic Oxycodone and Heroin in BoiseRead the Press Release
BOISE – Austin Serb, 20, Christopher Snyder, 24, and Andrew Colwell, 23, of Boise, Idaho, appeared in federal court yesterday on a nine-count federal indictment charging them and eight others with conspiracy to distribute oxycodone and heroin; distributing oxycodone, and distributing heroin, U.S. Attorney Wendy J. Olson announced today.
“Prescription drug abuse, indeed the addiction to opiates and heroin, is a growing national problem and a growing Idaho problem,” said Olson. “The U.S. Attorney’s Office and its federal, state and local law enforcement partners are prepared to vigorously investigate and prosecute those who distribute these dangerous drugs in our community.”
In addition to Serb, Snyder, and Colwell, the defendants named in the federal indictment, returned yesterday by the grand jury sitting in Boise, are:
- Jeffery Manchester, 28, of Boise, Idaho
- Jordan Baptista, 19, of Boise, Idaho
- Travis Fraser, 19, of Boise, Idaho
- Kekai Wachi, 19, of Boise, Idaho
- Jared Hicks, 22, of Boise, Idaho
- Jordan Grainger, 24, of Meridian, Idaho
- Ellen McDaniel, 44, of Boise, Idaho
- James Acarregui, 29, of Boise, Idaho
A trial date has been set for May 6, 2014, before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise. The remaining defendants have not yet made their initial appearances in court, and no dates have been set.
The indictment alleges that between September 1, 2012, and March 10, 2014, the defendants conspired together to distribute oxycodone and heroin. The indictment alleges that on various dates beginning on August 29, 2013, one or more of the defendants distributed oxycodone or heroin in the Idaho.
The charge of conspiracy to distribute oxycodone and heroin carries a maximum term of 20 years in prison, a maximum fine of $1 million, and at least three years of supervised release. Each charge of distribution of oxycodone and heroin is punishable by up to 20 years in prison, a maximum fine of $1 million, and at least three years of supervised release. A criminal forfeiture allegation contained in the indictment also seeks to forfeit cash proceeds of $1 million as to all defendants.
Olson also announced that the indictment marks the first large-scale prosecution involving investigation by the Drug Enforcement Administration’s Tactical Diversion Squad. The Tactical Diversion Squad, based in Boise, began operating in January of this year and includes law enforcement personnel from DEA, U.S. Department of Health and Human Services, Office of Inspector General, the Ada County Sheriff’s Office, the Boise Police Department, the Nampa Police Department, the Meridian Police Department and the Idaho State Police. According to Olson, the Tactical Diversion Squad will target prescription drug crime from all angles, including criminal distribution schemes, health care provider abuse and burglaries.
“Opiate addiction is a dangerous path,” said DEA Special Agent in Charge Matthew G. Barnes. “Many young Americans start out abusing opiate based pain killers then switch to a cheaper and deadly alternative, heroin. This trend is alarming. These arrests represent a significant stride in Boise area law enforcement's concerted effort not only to combat this growing trend but to get ahead of it.”
“This is a great example of how a citizen tip to Crime Stoppers can lead to a major federal case on an urgent threat to public safety, prescription drug abuse,” said Deputy Chief William Bones of the Boise Police Department. “Prescription drug dealers have the capacity for getting hundreds if not thousands of people addicted creating a market for their criminal activity. They often target young people who have everything to lose by an addiction to drugs like oxycodone and Heroin. As we increase targeted enforcement we also hope this case leads to a greater awareness of the incredible dangers of these drugs before we lose more lives.”
Olson noted that U.S. Attorney General Eric Holder earlier this week made national comments highlighting the alarming rise nationally in overdose deaths from heroin and prescription pain-killers. Attorney General Holder vowed that the Justice Department would combat the epidemic through a mix of enforcement and treatment efforts. Speaking in a video posted on the Justice Department’s website, Holder noted that between 2006 and 2010, heroin overdose deaths increased by 45 percent. “As part of the law enforcement community in Idaho, we must direct appropriate resources and focus our attention on the most dangerous drugs,” said Olson. “As prescription pain-killer abuse and heroin abuse increase, we must target the trafficking of those drugs. I commend the outstanding work of the Boise Police Department, the DEA Tactical Diversion Squad and the local agencies that are working with us to address this serious community and public safety threat.”
In addition to involving work by the DEA Tactical Diversion Squad, the indictment is the result of a joint investigation of the Organized Crime and Drug Enforcement Task Force (OCDETF). The investigation was initiated by the Boise Police Department. Other federal agencies participating in the OCDETF program include the Bureau of Alcohol, Tobacco, Firearms and Explosives, Bureau of Land Management, Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Internal Revenue Service-Criminal Investigation, and U.S. Marshals Service.
The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
An indictment is a means of charging a person with criminal activity. It is not evidence. The person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Nampa Man Sentenced for His Role in Drug and Gun CaseRead the Press Release
BOISE –Nearia “Nick” William Pinnell, 42, of Nampa, Idaho, was sentenced today to thirty-three months in prison for conspiracy to distribute methamphetamine and possession of a fully-automatic machine gun, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Pinnell to serve three years of supervised release. He pleaded guilty to the charges on December 17, 2013.
According to court documents and Pinnell’s admission in court, he entered into a conspiracy with others to distribute methamphetamine. Other co-conspirators were already distributing methamphetamine when Pinnell became involved in approximately February 2013. Pinnell continued to sell small amounts of methamphetamine until approximately April 2013. Judge Lodge recognized that Pinnell was less involved in the drug conspiracy than the many of the other co-conspirators. In June 2013, law enforcement agents recovered a firearm from Pinnell. Approximately one month later, in July 2013, agents executed a search warrant at Pinnell’s residence and recovered additional firearms, including a fully-automatic machine gun. Pinnell had not registered the automatic firearm as required under the National Firearms Act.
Pinnell is one of eleven defendants indicted on July 9, 2013, in a case including charges of conspiracy to distribute methamphetamine, distribution of methamphetamine, distribution of cocaine, and unlawful possession of firearms. All eleven defendants have pleaded guilty, including defendant Jeramie Mahler, who pleaded guilty last week to conspiracy to distribute methamphetamine and discharging a firearm in furtherance of a drug trafficking crime. Pinnell is the third defendant to be sentenced; co-defendants Wendy Harrison and Bobbi Eileen Woolsey were both sentenced previously to 84 months in prison.
The case was investigated by the Treasure Valley Metro Violent Crimes Task Force, with assistance from the Nampa Police Department. The Treasure Valley Metro Violent Crimes Task Force is comprised of federal, state and local agencies, including the Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; Boise Police Department; Ada County Sheriff’s Office; Caldwell Police Department; Nampa Police Department; Meridian Police Department; Canyon County Sheriff’s Office; and Idaho Department of Probation and Parole.
The 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.
Fort Hall Man Pleads Guilty to Assaulting A Federal OfficerRead the Press Release
POCATELLO – Cody Preacher, 20, of Fort Hall, Idaho, pleaded guilty today in United States District Court to assaulting a federal officer, U.S. Attorney Wendy J. Olson announced. He was indicted on October 22, 2013.
On July 17, 2013, Preacher was arrested on the Fort Hall Indian Reservation for intoxication and for an active arrest warrant from the Fort Hall Tribal Court. He was being placed in a police car for transport to the Fort Hall Jail when he kicked the arresting officer, Jeremy Ball of the Fort Hall Police Department, in the groin. Officer Ball was treated at the hospital.
The charge is punishable by up to eight years in prison, a maximum fine of $250,000, and up to three years of supervised release.
Preacher is set for sentencing on May 20, 2014, by Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
The case was investigated by the Fort Hall Police Department and the Federal Bureau of Investigation.
Federal Jury Convicts Twin Falls Woman of Conspiring to Sell Drug ParaphernaliaRead the Press Release
Defendant and Four Others Indicted in 2012 in Nationwide Law Enforcement Action
POCATELLO – Stephanie Nagel, 40, of Twin Falls, Idaho, was convicted yesterday in United States District Court in Pocatello of conspiracy to sell drug paraphernalia, U.S. Attorney Wendy J. Olson announced. A sentencing date has not been set. U.S. District Judge Fred L. Van Sickle of the Eastern District of Washington presided over the trial.
Evidence presented at trial showed that from 2007 to 2012, Nagel owned and operated a business called the Smoke N’ Head on Washington Street in Twin Falls, Idaho. Nagel sold various items of drug paraphernalia from the shop, including marijuana pipes and assorted paraphernalia used for marijuana and other controlled substances. Evidence also showed that Nagel had previously sold a substance commonly referred to as “spice,” which was subsequently determined to be a controlled substance analogue.
Nagel faces up to three years in prison, a maximum fine of $100,000, and one year of supervised release.
This case was part of a larger enforcement operation, which included 14 search warrants that were executed in July 2012 by law enforcement agencies at 11 locations in Twin Falls County, and three locations in Tigard, Oregon, and Vancouver, Washington. The warrants were related to a nationwide law enforcement action against the synthetic designer drug industry responsible for the production and sale of dangerous and deadly drugs that are often marketed as bath salts, “spice,” incense, or plant food, which are prohibited under the federal controlled substance analogue statute. Operation Log Jam targeted every level of the synthetic drug industry, including retailers, wholesalers, and manufacturers, in more than 80 U.S. cities.
In a related case, Joshua P. Becker, of Portland, Oregon, was sentenced in December 2013 to 48 months in prison for conspiracy to launder money. In October 2013, Gary E. Nagel and Joshua Cserepes, both of Twin Falls, Idaho, and Shyloh Becker, of Portland, Oregon, were each sentenced to 36 months’ probation and fined $500 for related charges, including possession with intent to distribute a controlled substance analogue, conspiracy to sell drug paraphernalia, and aiding and abetting in a monetary transaction in property derived from specified unlawful activity, respectively. Allen W. Nagel, of Twin Falls, is scheduled to be sentenced on March 17, 2014, by Judge Brian Ted Stewart of the District of Utah. He pleaded guilty in June 2013, to conspiracy to launder money.
The joint investigation of the Organized Crime and Drug Enforcement Task Force (OCDETF), is led by the Drug Enforcement Administration in conjunction with Twin Falls City Police Department, Twin Falls County Sheriff's Office, U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), Internal Revenue Service-Criminal Investigation, U.S. Customs and Border Patrol, U.S. Postal Inspection Service, Bureau of Alcohol, Tobacco, Firearms and Explosives, Idaho State Police, Ada County Sheriff's Office, Nampa City Police Department, Meridian City Police Department, Gooding County Sheriff's Office, Cassia County Sheriff's Office, and Minidoka County Sheriff's Office.
The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
Two Treasure Valley Women Sentenced in Multi-Defendant Meth Trafficking CaseRead the Press Release
BOISE – U.S. Attorney Wendy J. Olson announced today that Randi Seferos, 25, of Boise, and Doreen Obrien, 44, of Caldwell, Idaho, were sentenced today to serve federal prison sentences for possession of methamphetamine with intent to distribute. U.S. District Judge Edward J. Lodge sentenced Seferos to 110 months in prison followed by ten years of supervised release; Obrien was sentenced to 63 months in prison and five years of supervised release.
According to information presented in court, Seferos pleaded guilty on October 7, 2013, to possession of 128 grams (approximately one-quarter pound) of methamphetamine with intent to deliver. Obrien pleaded guilty on September 27, 2013, to possession of 340 grams (about three-quarters of a pound) of methamphetamine with intent to deliver.
Twenty defendants were charged in an 89-count indictment filed in May 2013. Fourteen defendants have been sentenced. Four have pleaded guilty to related charges and are awaiting sentencing. One has been dismissed, and another has not been apprehended.
The conspiracy involved two distribution cells in the Treasure Valley: one led by Jason Holmberg and one by Andrew Polney. Kenneth Jones in Sacramento, California, supplied multi-pound shipments of methamphetamine for transport to the Treasure Valley for distribution; also, a drug debt was owed by Jason Holmberg and unpaid for a large amount of methamphetamine obtained from Mexican sources of supply transshipped through Phoenix, Arizona, and transported to Idaho by co-defendant Randy Beal. The group operated from about June 2012 through the time of the various arrests on April 18, 2013 and May 23, 2013.
The indictment is 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 the Nampa Police Department and Boise Police Department. Other federal agencies participating in the OCDETF program include the Bureau of Alcohol, Tobacco, Firearms and Explosives, Bureau of Land Management, Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Internal Revenue Service-Criminal Investigation, and U.S. Marshals Service.
The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
Twice Convicted Felon Sentenced to Prison for Unlawfully Possessing 14 FirearmsRead the Press Release
Defendant also Possessed 2,000 Rounds of Ammunition
BOISE – Jason Earl Wright, 39, of Boise, Idaho, was sentenced yesterday to 42 months in prison for unlawfully possessing fourteen firearms and 2,000 rounds of ammunition, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also sentenced Wright to three years of supervised release and 100 hours of community service. He pleaded guilty to the offense on November 17, 2013.
According to court documents, Wright admitted to attempting to purchase a scope mount for an SKS assault rifle on Craigslist. According to a sentencing memorandum filed by the government, a federal search warrant was served on Wright’s residence, and it was discovered that he was in possession of four assault weapons capable of accepting large capacity magazines, four .22 rifles, two 30.06 rifles, two .40 pistols, one 6.5 x 50 millimeter rifle, and one shotgun. Wright was also in possession of twelve high capacity SKS magazines, sixteen .22 rifle magazines, and several thousand rounds of ammunition.
Wright had previously been convicted of twenty prior offenses, including two felony drug trafficking offenses, domestic assault, battery and carrying a concealed weapon.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and was prosecuted as part of Idaho’s Project Safe Neighborhoods Program, which seeks to reduce gun violence in Idaho.
Boise Woman Sentenced to 84 Months in Federal Prison for Meth TraffickingRead the Press Release
Defendant One of Eleven Indicted in Gun and Drug Trafficking Case
BOISE – Bobbi Eileen Woolsey, 36, of Boise, Idaho, was sentenced today in United States District Court to 84 months in prison for conspiring to distribute methamphetamine, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Woolsey to serve five years of supervised release. She pleaded guilty to the charge on December 2, 2013.
According to information presented in court, Woolsey admitted to conspiring with co-defendants to distribute methamphetamine. Woolsey has two prior felony convictions for possession of methamphetamine and accessory to a felony. She was on probation for those crimes at the time she committed the drug trafficking offenses in this case.
Woolsey’s co-defendants, Jeramie Ethan Mahler of Star, Idaho, and Carlos Eberardo Tovar of Nampa, Idaho, pleaded guilty yesterday to related drug trafficking charges. Mahler also pleaded guilty to discharging a firearm in furtherance of a drug trafficking crime. A federal grand jury indicted Woolsey, Mahler, Tovar and eight other defendants on July 9, 2013. The indictment alleges that the defendants conspired together to distribute methamphetamine. It also contains additional charges alleging distribution of methamphetamine, distribution of cocaine, and unlawful possession of a firearm. All of the defendants have pleaded guilty; nine are awaiting sentencing.
The case was investigated by the Treasure Valley Metro Violent Crimes Task Force, which 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. Other agencies that contributed to this investigation include the Drug Enforcement Administration, Nampa Police Department, Caldwell Police Department, Canyon County Sheriff’s Office, and Ada County Sheriff’s Office.
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. Since 2007, over 255 defendants have been prosecuted in Federal Court through the Gang SAUSA program. 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.
Payette Man Pleads Guilty to Unlawfully Possessing FirearmsRead the Press Release
BOISE – David Everett McAllister, 30, of Payette, Idaho, pleaded guilty today to unlawful possession of firearms, U.S. Attorney Wendy J. Olson announced. McAllister was indicted by a federal grand Jury in Boise on November 13, 2013.
According to the plea agreement, McAllister admitted that on October 15, 2013, he possessed three firearms, including a 9-millimeter pistol, a .30-06 rifle, and .22 rifle. At the time McAllister was in possession of the firearms, he had previously been convicted of a crime punishable by more than one year in prison. McAllister was previously convicted of statutory rape in Canyon County, Idaho.
The charge of unlawful possession of firearms is punishable by up to ten years in prison, a maximum fine of $250,000, and up to three years of supervised release.
Sentencing is set for May 19, 2014, before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.
The case was investigated by the High Desert Task Force, Payette County Sheriff’s Office, and the Alcohol, Tobacco, Firearms and Explosives.
The case was prosecuted as part of Idaho’s Project Safe Neighborhoods Program, which seeks to reduce gun violence in Idaho.
More Guilty Pleas in Federal Case Involving Drug and Gun CrimesRead the Press Release
Star Man Admits Shooting Person in Furtherance of the Drug Trafficking Crime
BOISE – Jeramie Ethan Mahler, 27, of Star, Idaho, pleaded guilty today in United States District Court to one count of conspiring to distribute methamphetamine and another count that he discharged a firearm in furtherance of the drug trafficking crime, U.S. Attorney Wendy J. Olson announced.
According to the plea agreement and information presented in court, Mahler admitted that he and other co-defendants agreed to distribute methamphetamine beginning in approximately January 2013. Mahler and others continued to distribute methamphetamine for several months. Mahler admitted that on March 25, 2013, he shot another person during a dispute with that person about the quality of the methamphetamine. The shooting occurred alongside a road in south Ada County near Amity and Linder roads. Mahler and two co-defendants fled the scene leaving the injured man behind. Eight days later, on April 2, a Canyon County Sheriff’s deputy stopped a vehicle that Mahler was driving. Mahler was arrested and the vehicle was searched. Inside, deputies found two handguns and approximately one-quarter pound of methamphetamine. A forensic examination later confirmed that one of the handguns located in the vehicle was the same gun used in the shooting on March 25.
The charge of conspiring to distribute methamphetamine is punishable by a minimum term of ten years and a maximum of life in prison, a maximum fine of $10 million, and at least five years of supervised release. Discharging a firearm in furtherance of a drug trafficking crime is punishable by a minimum term of ten years up to life in prison and must be imposed consecutively to the other sentence, a maximum fine of $250,000, and up to five years of supervised release.
Co-defendant Carlos Eberardo Tovar, 29, of Nampa, also pleaded guilty today to two counts of distributing methamphetamine. Tovar admitted that he sold methamphetamine to an undercover police officer on several occasions. The charge of distributing methamphetamine is punishable by up to twenty years in prison, a maximum fine of $1 million, and at least three years of supervised release.
Mahler and Tovar are scheduled to be sentenced on May 20, 2014, before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.
A federal grand jury indicted Mahler, Tovar and nine other defendants on July 9, 2013. The indictment alleges that the defendants conspired together to distribute methamphetamine. It also contains additional charges alleging distribution of methamphetamine, distribution of cocaine, and unlawful possession of a firearm. All eleven defendants have pleaded guilty.
Co-defendant Bobbi Eileen Woolsey, 36, of Boise, is set for sentencing tomorrow for conspiring to distribute methamphetamine. She pleaded guilty to the charge on December 2, 2013.
Olson noted that when Mahler is sentenced in May, he will be at least the ninth person to be sentenced in the District of Idaho on both drug and gun charges this year. “Drugs and guns are a dangerous combination,” said Olson. “In Idaho, federal law enforcement officers in conjunction with their state and local partners, vigorously investigate dangerous persons who use and possess firearms in violation of federal gun laws. Our goal is simple: to keep guns away from violent individuals and to keep our community safe.”
Olson also stated that so far in 2014, five other persons had been sentenced for or pleaded guilty to federal statutes that prohibit possession of a firearm by a convicted felon or possession of an unlawful firearm such as a sawed-off shotgun. In 2013, seven defendants were sentenced in Idaho federal courts on both drug and gun charges; nineteen for being prohibited persons in possession of a firearm; eight for possessing unlawful and unregistered weapons; eight for using firearms in crimes of violence; and one for stealing firearms. In 2012, ten defendants were sentenced in Idaho federal courts on both drug and gun charges; twenty-four for being prohibited persons in possession of a firearm; five for possessing unlawful and unregistered weapons; ten for using firearms in crimes of violence; and two for stealing firearms. According to Olson, all of these cases involved either the joint investigative efforts of federal and state or tribal law enforcement or the investigative efforts of federally sponsored task forces that include state, local and tribal law enforcement officers.
“The coordination and cooperation of federal, state and local law enforcement officers is critical to proper and effective enforcement of laws that keep bad guys off of ours streets, and guns and drugs out of their hands,” said Olson. “I commend in this case the outstanding work of the Treasure Valley Metro Violent Crimes Task Force and Special Assistant United States Attorney Chris Atwood.”
The case was investigated by the Treasure Valley Metro Violent Crimes Task Force, which 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. Other agencies that contributed to this investigation include the Drug Enforcement Administration, Nampa Police Department, Caldwell Police Department, Canyon County Sheriff’s Office, and Ada County Sheriff’s Office.
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. Since 2007, over 255 defendants have been prosecuted in Federal Court through the Gang SAUSA program. 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.
Treasure Valley Contractor Sentenced for Conspiracy, Wire Fraud and Tax FraudRead the Press Release
Court Orders Forfeiture of Over $3 Million in Fraud Proceeds
BOISE – Elaine Martin, 67, of Meridian, Idaho, the former president and majority stockholder of MarCon, Inc., was sentenced today by U.S. District Judge B. Lynn Winmill to 84 months in prison followed by three years of supervised release for conspiracy, wire fraud and mail fraud, U.S. Attorney Wendy J. Olson and Assistant Attorney General for the Tax Division Kathryn Keneally announced. Martin was also sentenced to 24 months in prison for tax fraud and obstruction of justice followed by three years of supervised release. The sentences will run concurrent.
Judge Winmill ordered Martin to pay restitution of $98,825.20 to the Internal Revenue Service and $32,575.28 to the Idaho DBE Program. She was also ordered to pay costs of prosecution in the amount of $22,859.60.
The United States and the defendant entered into an agreement this week in which they stipulated that the correct forfeiture amount is $3,084,038.05. Martin paid the full amount via wire transfer to a U.S. Treasury account before sentencing.
Martin was convicted by a federal jury on September 19, 2013, of 22 criminal counts, including four counts of filing false individual and corporate tax returns, two counts of conspiracy to defraud the United States, five counts of wire fraud, five counts of mail fraud, one count of false statement, three counts of interstate transportation of property taken by fraud, one count of conspiracy to obstruct justice and one count of obstruction of justice.
“Elaine Martin’s conviction, sentence and forfeiture of more than $3 million clearly demonstrates that fraud and misrepresentations to government programs is the wrong way to run a business,” said Olson. “This office, indeed the entire Department of Justice, along with its law enforcement partners are committed to rooting out greed and dishonesty in government contracting. I commend the thorough efforts of the dedicated attorneys and agents involved in this case.”
Martin’s co-defendant, Darrell Swigert, 68, of Boise, a minority shareholder in MarCon, was found guilty of two counts of obstruction of justice and one count of conspiracy to obstruct justice. He is scheduled to be sentenced on March 19, 2014.
During the 26-day trial, the jury heard evidence that as early as 1997, Martin concealed a portion of MarCon’s business income by diverting customer payments for the sales of used materials into a separate bank account. Martin did not tell MarCon’s external accountant about the bank account or the unreported sales, and in fact organized the company’s business affairs to help conceal these sales from the external accountant, such as by personally overseeing the sales and invoicing of used materials, deleting call logs for these sales, and tracking the sales using a separate set of books. The jury also heard that Martin boasted about her failure to pay taxes on this income, referring to the separate bank account with the unreported income as a “slush fund.” When the IRS initiated a civil audit, Martin lied to the IRS revenue agent and told him that all business income was reported on MarCon’s tax returns. The evidence at trial, however, showed that neither MarCon nor Martin reported the income they received from the used material sales on their tax returns from 1997 through at least 2006.
The jury also heard evidence during trial that as early as 2000, Martin submitted false and fraudulent applications to have her construction company, MarCon, admitted and/or remain in two different federally funded programs, the U.S. Small Business Administration (SBA) 8(a) Program, and the Department of Transportation Disadvantaged Business Enterprise (DBE) Program. Both programs are designed to help economically and socially disadvantaged businesses compete in the marketplace. To be admitted into the program, the owner/shareholder that qualifies as socially disadvantaged must also demonstrate economic disadvantage, in part by having a personal net worth below a certain statutory cap.
According to evidence presented at trial, Martin took steps to artificially lower her personal net worth, such as by failing to report all of her income from MarCon, causing MarCon to pay for personal expenses such as renovations and landscaping for her home, and acquiring, holding and transferring assets into the names of nominees in order to appear to be economically disadvantaged. This allowed Martin’s construction firm, MarCon, to qualify for the DBE and SBA 8(a) programs. Martin also caused false and fraudulent tax returns to be filed for herself and MarCon, Inc., which did not report all of the income received by Martin or the company. The false returns were submitted in support of MarCon’s applications to the SBA 8(a) Program and DBE Programs for Idaho and Utah, along with false personal financial statements. The government presented evidence that Martin omitted, deleted, altered and mis-categorized entries in MarCon’s financial books and records. Martin also concealed her role or relationship in other business entities that dealt with MarCon, Inc.
The jury heard evidence that MarCon received more than $2.5 million in government contracts based on the company’s fraudulently obtained SBA 8(a) status, and that MarCon received more than $15 million in government contracts based on the company’s fraudulently obtained DBE status in the states of Idaho and Utah.
The government presented evidence that in order to impede an IRS audit of MarCon and criminal investigation into Martin, Martin and Swigert conspired to obstruct justice by fabricating documents and making false statements that sought to conceal the true nature, source, and extent of property belonging to Martin.
“Today’s sentence should be a warning to those who seek to gain preference for federal contracting opportunities through deceit and lies,” said Inspector General Peggy E. Gustafson of the Small Business Administration. “Those who take part in such activity will pay the price for their crimes. I want to thank the U.S. Attorney’s Office and our law enforcement partners for their commitment to seek justice on behalf of the American taxpayer.”
“Tax evasion is not a victimless crime,” said Stephen Boyd, IRS Criminal Investigation Special Agent in Charge for the State of Idaho. “Individuals who corruptly violate the law to further their business interests and intentionally evade paying their fair share of taxes undermine public confidence in our tax system and unfairly disadvantage businesses that play by the rules. As Martin and Swigert have discovered, operating outside the law and failing to pay taxes have severe consequences.”
“As evidenced by today’s sentencing, severe penalties await those that would seek to defraud DOT’s DBE Program,” said William Swallow, regional Special Agent-in-Charge of the DOT’s Office of Inspector General. “DBE fraud harms the integrity of the program and adversely impacts law-abiding, small business contractors trying to compete on a level playing field. Working with the Secretary of Transportation and other DOT leaders, and our law enforcement and prosecutorial colleagues, we will continue to protect the taxpayers’ investment in our nation’s infrastructure from fraud, waste, abuse and violations of law.”
The case was investigated by Internal Revenue Service-Criminal Investigation, Federal Bureau of Investigation, the Office of Inspector General for the U.S. Small Business Administration, and the Office of Inspector General for the U.S. Department of Transportation.
Today's announcement is part of an effort by President Obama's Financial Fraud Enforcement Task Force (FFETF), created in November 2009, to combat financial fraud crimes by waging aggressive, coordinated and proactive investigations and prosecutions. With more than 20 federal agencies, 94 U.S. attorneys' offices and state and local partners, the task force is 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.
Nampa Woman Charged in Multi-Defendant Meth Trafficking Case Sentenced to 84 Months in PrisonRead the Press Release
Co-Defendant Pleads Guilty to Related Charges
BOISE – Wendy Demirdjian Harrison, 53, of Nampa, Idaho, was sentenced today to 84 months in prison for conspiracy to distribute methamphetamine, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Harrison to serve five years of supervised release. She pleaded guilty to the charge on November 18, 2013.
According to court documents and Harrison’s admission in court, beginning in November 2012, she conspired with others, including her co-defendants, to distribute 50 grams or more of actual methamphetamine and 500 grams or more of a substance containing a detectable amount of methamphetamine.
Harrison’s co-defendant, Juan Luis Mojica-Barragan, 24, of Nyssa, Oregon, pleaded guilty today to an information charging him with conspiring to distribute methamphetamine.
According to Mojica’s plea agreement, on February 20, 2013, an undercover police officer met with Mojica and co-defendant Hernan Gomez-Gutierrez at a restaurant in Nampa to discuss methamphetamine transactions. Gomez-Gutierrez offered to sell cocaine to the officer and offered to provide a sample. Mojica was present during the conversation. After they left the restaurant, the officer followed Gomez-Gutierrez and Mojica to a residence where Mojica retrieved a clear plastic bag containing a white powdery substance. Gomez-Gutierrez separated a portion of the substance and provided it to the officer. Testing by the Drug Enforcement Administration (DEA) laboratory determined the substance weighed 1.1 grams and contained cocaine. According to the plea agreement, Gomez-Gutierrez recruited others to help him distribute methamphetamine, including other co-defendants. Mojica participated in the distribution of methamphetamine. Another co-defendant told law enforcement agents that she met with Gomez-Gutierrez and Mojica at the restaurant in Nampa on several occasions in February 2013, where Mojica provided her with approximately eight ounces of methamphetamine during those meetings.
Mojica-Barragan faces up to 20 years in prison, a maximum fine of $1 million, and at least three years of supervised release. He is scheduled to be sentenced on May 21, 2014.
A federal grand jury indicted Harrison, Mojica-Barragan and nine other defendants on July 9, 2013. The indictment alleges that the defendants conspired together to distribute methamphetamine. It also contains additional charges alleging distribution of methamphetamine, distribution of cocaine, and unlawful possession of a firearm. Nine of the defendants have pleaded guilty. Two co-defendants, Jeramie Ethan Mahler, 27, of Star, Idaho, and Carlos Eberardo Tovar, 29, of Nampa, are scheduled to enter guilty pleas next week to related drug trafficking and firearms charges. Co-defendant Bobbi Eileen Woolsey, 36, of Boise, is set for sentencing on March 4, also for conspiring to distribute methamphetamine.
The case was investigated by the Treasure Valley Metro Violent Crimes Task Force, with assistance from the Nampa Police Department. The Treasure Valley Metro Violent Crimes Task Force is comprised of federal, state and local agencies, including the Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; Boise Police Department; Ada County Sheriff’s Office; Caldwell Police Department; Nampa Police Department; Meridian Police Department; Canyon County Sheriff’s Office; and Idaho Department of Probation and Parole.
The 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.
Fort Hall Man Admits Abusive Sexual Contact of MinorRead the Press Release
POCATELLO — Austin Del Broncho-Timbana, 21, of Fort Hall, Idaho, pleaded guilty today in United States District Court to abusive sexual contact, U.S. Attorney Wendy J. Olson announced. Broncho-Timbana was charged by information on January 17, 2014.
According to the plea agreement, Broncho-Timbana admitted that on January 20, 2013, he had abusive sexual contact with a 14-year-old girl at a residence on the Fort Hall Indian Reservation. According to the plea agreement, a relative contacted police after finding the girl partially unclothed in a back bedroom. Broncho-Timbana left the house through the bedroom window. He was later contacted by police at his home.
Broncho-Timbana faces up to two years in prison, a maximum fine of $250,000.00, and five years to lifetime supervised release.
Sentencing is set for May 20, 2014, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
The case was investigated by the Fort Hall Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Fort Hall Man Pleads Guilty to Involuntary Manslaughter in "Shaken Baby" CaseRead the Press Release
POCATELLO – Ian Jack Crooked Arm, a/k/a Ian Sittre, 26, of Fort Hall, Idaho, pleaded guilty today in United States District Court to one count of involuntary manslaughter, U.S. Attorney Wendy J. Olson announced.
According to the plea agreement, on February 20, 2013, a 10-month-old infant girl was left in Sittre’s care when the child’s mother went to work. Sittre was living with the mother and other family members at a residence on the Fort Hall Indian Reservation. Less than ten minutes after leaving, Sittre called the child’s mother and told her something was wrong with the baby. Upon arriving at the residence, Sittre told the mother that the baby was “breathing funny.” She called 911 and attempted CPR. Sittre left the residence before paramedics or police arrived. Paramedics transported the child by ambulance to Portneuf Medical Center, unconscious and non-responsive. She was then airlifted to Primary Children’s Medical Center in Salt Lake City, in critical condition. Despite the efforts of medical personnel, the infant died on February 22, 2013.
According to the plea agreement, an autopsy conducted on February 23 concluded that the immediate cause of death was abusive head trauma inflicted by a caregiver. A review of the child’s medical history found nothing to indicate any pre-existing conditions that may have contributed to the child’s death. According to the plea agreement, on April 4, 2013, during a recorded telephone call between Sittre and his mother, from jail, Sittre admitted that he shook the baby “too hard.”
The charge of involuntary manslaughter is punishable by up to eight years in prison, a maximum fine of $250,000, and up to three years of supervised release.
Sittre is scheduled to be sentenced on May 21, 2014, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
The case was investigated by the Fort Hall Police Department and the Federal Bureau of Investigation.
Another Mexican National Admits Growing Marijuana on Public LandsRead the Press Release
Two Plead Guilty in Boise County Marijuana Grow Case
BOISE — Carlos Cerda-Carpio, 40, a Mexican national, pleaded guilty today in federal court to unlawfully manufacturing more than 1,000 marijuana plants with intent to distribute and illegal possession of a firearm, U.S. Attorney Wendy J. Olson announced. A co-defendant, Mariah Villasenor-Rodriguez, 22, of Caldwell, Idaho, pleaded guilty to related charges of possession of marijuana with intent to distribute. Both defendants appeared before U.S. Magistrate Judge Candy W. Dale at the federal courthouse in Boise.
According to the plea agreements, on September 11, 2013, law enforcement conducted enforcement actions on an outdoor marijuana growing operation in the Boise National Forest, a few miles from Highway 21 in Boise County. Cerda-Carpio, along with co-defendants Marcos Solano-Farias and Jose Misael Ayala-Talavera, was apprehended by the officers at a camp located next to 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. A few days later, law enforcement took down a related grow site at Little Beaver Creek, where they removed 5,463 marijuana plants.
According to Villasenor-Rodriguez’s plea agreement, more than 100 kilos of harvested and packaged marijuana was found at the house she shared with her husband, lead co-defendant Juan Pablo Villasenor-Villa, and in another house in Caldwell.
Cerda-Carpio and five co-defendants were indicted by a federal grand jury on October 9, 2013, on charges of conspiracy to manufacture and distribute marijuana, possession of firearms in furtherance of drug trafficking, and injury to federal public lands. Juan Pablo Villasenor-Villa is currently set for trial on July 21, 2014. Gilberto Duran-Contreras is scheduled to plead guilty on March 3, 2014. Marcos Solano-Farias and Jose Misael Ayala-Talavera pleaded guilty on February 13, 2014, to related charges; sentencing is set for May 14.
The 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 five years of supervised release. The charges of possession of a firearm by a prohibited person—an undocumented alien—and injury to government property are each 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 possession of more than 100 kilos of marijuana with intent to distribute carries a penalty of not less than five years and up to 40 years in prison, a maximum fine of $5 million, and five years of supervised release.
Villasenor-Rodriguez is scheduled to be sentenced on May 14, and Cerda-Carpio on May 15, 2014, before Chief U.S. District Judge B. Lynn Winmill.
“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.” Olson noted that Cerda-Carpia is the eighth defendant in 2014 to plead guilty or be sentenced in Idaho on federal drug trafficking charges that also involved the unlawful use, possession or sale of firearms. “Drugs and guns are a dangerous and often violent combination,” Olson said. “Today’s guilty pleas demonstrate that federal gun laws are carefully targeted at those who use or possess firearms for unlawful purposes.”
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.
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.