District of Idaho
Press releases recorded for this federal judicial district.
Two Pocatello Men Plead Guilty in Drug CaseRead the Press Release
POCATELLO – John D. Heim, 40, of Pocatello, pleaded guilty today in United States District Court to a superseding indictment charging him with conspiracy to launder money, U.S. Attorney Wendy J. Olson announced. Heim’s co-defendant, William Ray Carringer, 23, also of Pocatello, pleaded guilty to possession with intent to distribute marijuana.
According to the plea agreement, between March 1 and September 14, 2013, Heim owned and operated Heim, Inc., a business engaged in the sale of “spice,” a smokeable material containing a Schedule I controlled substance analogue. Heim admitted that he, along with other individuals, engaged in monetary transactions in excess of $10,000 from funds derived from the illegal sale and distribution of spice. Heim admitted the total amount of funds derived from the unlawful activity are $163,534. He faces up to 20 years in prison, a maximum fine of $500,000, and up to five years of supervised release. The government is seeking forfeiture of assets derived from the criminal offenses. As a result of the conviction, Heim will also forfeit to the government property he owns at 354 S. 5th, in Pocatello, and 572 Fort Hall Ave., American Falls, Idaho.
Carringer admitted in court that on May 18, 2012, he attempted to retrieve a FedEx package addressed to him that contained in excess of five pounds of marijuana. According to the plea agreement, Carringer knew the package contained the marijuana and he intended to distribute it to another individual. He faces up to five years in prison, a maximum fine of $250,000, and up to three years of supervised release.
Heim and Carringer are scheduled to be sentenced on December 17, 2013, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
The case is the result of a joint investigation of the Organized Crime and Drug Enforcement Task Force (OCDETF), led by the Bannock County Sheriff’s Office, with assistance from the Drug Enforcement Administration (DEA), Internal Revenue Service-Criminal Investigation, Pocatello Police Department, Bingham County Sheriff’s Office, Blackfoot Police Department, and Idaho State Police. Other federal agencies participating in the OCEDTF program include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Federal Bureau of Investigation (FBI), U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), 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.
Two Co-Defendants Plead Guilty to Meth ChargesRead the Press Release
POCATELLO – Jaime Meza-Gonzalez, 47, and Saul Arellano-Alvarado, 41, both of Idaho Falls, pleaded guilty yesterday in United States District Court to federal drug charges, U.S. Attorney Wendy J. Olson announced. Meza-Gonzalez pleaded guilty to possession with intent to distribute methamphetamine, aiding and abetting; Arellano-Alvarado pleaded guilty to distributing five grams or more of methamphetamine.
Meza-Gonzalez faces up to 20 years in prison, a maximum fine of $1 million, and at least three years of supervised release. Arellano-Alvarado faces a minimum term of 10 years up to life in prison, a maximum fine of $10 million, and at least five years of supervised release.
According to the plea agreements, on November 16, 2010, an individual contacted Meza-Gonzalez for the purpose of purchasing methamphetamine. Meza-Gonzalez directed the individual to Arellano-Alvarado. On November 17, Arellano-Alvarado made arrangements to distribute methamphetamine to the individual at a parking lot in Idaho Falls, and subsequently sold the individual in excess of five grams of methamphetamine.
Arellano-Alvarado and Meza-Gonzalez are scheduled to be sentenced on December 17, 2013, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
The third defendant, Roberto Carlos Camarena, 25, of Sugar City, Idaho, is a fugitive. A warrant has been issued for his arrest.
The charges are the result of an investigation by the Organized Crime Drug Enforcement Task Force (OCDETF), including the Federal Bureau of Investigation (FBI), Idaho State Police, 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, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Internal Revenue Service-Criminal Investigation, 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.
Leader of Treasure Valley Meth Conspiracy Pleads GuiltyRead the Press Release
BOISE – Jason Lee Holmberg, 39, of Middleton, Idaho, pleaded guilty today in federal court to conspiracy to distribute methamphetamine and interstate transportation in aid of racketeering, U.S. Attorney Wendy J. Olson announced. Holmberg also agreed to forfeit assets associated with the illegal activities.
According to court documents, Holmberg admitted to being a leader of the conspiracy, which existed from May 2012 through April 18, 2013.
The charge of conspiracy to distribute more than 50 grams of actual methamphetamine is punishable by not less than 10 years in prison, a maximum fine of $10 million, and at least five years of supervised release. The charge of interstate transportation in aid of racketeering is punishable by up to five years in prison, a maximum fine of $250,000, and up to three years of supervised release.
Holmberg is set for sentencing on December 2, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.
On May 16, 2013, Holmberg and 19 others were charged in an 89-count federal indictment with conspiracy to distribute methamphetamine, possession with intent to distribute methamphetamine, interstate transportation in aid of racketeering, and use of a communication device in drug trafficking.
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.
Las Vegas Man Sentenced for Possessing Machine GunRead the Press Release
BOISE – Phillip Bernardino Chavez, 30, of Las Vegas, Nevada, was sentenced today in United States District Court to 30 months in prison followed by three years of supervised release for illegally possessing a machine gun, U.S. Attorney Wendy J. Olson announced. Chavez appeared before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.
According to the plea agreement, in December 2012, Chavez’s co-defendant, Ronald Alexander, offered to sell a rifle to a Nampa Police detective working undercover. After discussing the terms of a transaction, Alexander told the undercover officer that an automatic rifle would cost $3,200. Arrangements were made for the undercover officer to purchase the firearm during a controlled operation. On December 18, 2012, the undercover officer met with Alexander and Chavez. Chavez presented the undercover officer with a Pioneer Arms Corporation 7.62x25 rifle and a bag containing three magazines, in exchange for $3,200. At the conclusion of the transaction, law enforcement agents arrested Alexander and Chavez. Chavez pleaded guilty to the charge on July 3, 2013, admitting that he knew the firearm was a fully automatic machine gun.
Co-defendant Ronald Keith Alexander, 38, of Boise, was sentenced last month to 46 months in prison. Alexander was also prohibited from possessing firearms due to a 2001 felony conviction for robbery in Walla Walla County, Washington.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Nampa Police Department, and Boise Police Department.
The defendants were 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.
Gang Member Sentenced to Prison for Gun and Drug ChargesRead the Press Release
BOISE – U.S. Attorney Wendy J. Olson announced today that Roy Jesse Gomez, 31, of Boise, Idaho, was sentenced to 76 months in prison followed by four years of supervised release for distribution of methamphetamine and unlawful possession of firearms. U.S. District Judge Edward J. Lodge sentenced Gomez at the federal courthouse in Boise. Gomez pleaded guilty to the charges on June 27, 2013.
According to the plea agreement, Gomez admitted to selling methamphetamine and firearms to a person who was acting as a confidential informant. Gomez sold methamphetamine to the confidential informant on multiple occasions beginning in January 2013. Gomez also sold the same individual nine firearms in January 2013. According to information presented in court, eight of the firearms were stolen and the last firearm had an obliterated serial number. Gomez, a documented member of a criminal gang, was prohibited from possessing the firearms because he was previously convicted of the felony crime of burglary in 2011.
The case was investigated by the Treasure Valley Metro Violent Crimes Task Force and the High Desert Drug Enforcement Task Force. The Metro Task Force is comprised of federal, state and local agencies, including the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, Boise Police Department, Ada County Sheriff’s Office, Caldwell Police Department, Nampa Police Department, Meridian Police Department, Canyon County Sheriff’s Office, and the Idaho Department of Correction.
The case was prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership and the State of Idaho to address gang crimes. The Treasure Valley Partnership is comprised of a group of elected officials in southwest Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth. For more information, visit treasurevalleypartners.org.
Five People Arrested; Charged with Illegal Marijuana Grow in Boise CountyRead the Press Release
Law Enforcement Eradicates 5,585 Live Plants at Two Grow Sites on Public Lands
BOISE – Juan Pablo Villasenor-Villa, 28, Marcos Solano-Farias, 30, Carlos Cerda-Carpio, 40, and Jose Misael Ayala-Talavera, 19, all Mexican nationals, and Mariah D. Villasenor-Rodriguez, 21, of Caldwell, Idaho, were arrested last week by the Drug Enforcement Administration, Bureau of Land Management and U.S. Forest Service in connection with a large marijuana growing operation on public lands, U.S. Attorney Wendy J. Olson announced.
The complaints allege the defendants knowingly and intentionally manufactured, distributed, or possessed with intent to distribute at least 100 marijuana plants, and that three of the defendants possessed or used a firearm during or in furtherance of a drug trafficking crime. Preliminary hearings are set for 9:30 a.m. on September 27, 2013, before U.S. Magistrate Judge Candy W. Dale at the federal courthouse in Boise.
On September 11, 2013, law enforcement conducted enforcement actions on an outdoor marijuana grow located near Rabbit Creek in Boise County, Idaho. Solano-Farias, Cerda-Carpio, and Ayala-Talavera were apprehended by law enforcement at a camp located approximately 100 meters from the marijuana grow site. According to the complaints, investigators found and seized two semi-automatic handguns, an SKS or AK-47 type rifle in the sleeping area of the camp, and several hundred marijuana plants that had already been harvested from the growing operation. Investigators also located and eradicated 785 live marijuana plants. Villasenor-Villa and Villasenor-Rodriguez were arrested on September 13 in Caldwell.
During the course of the investigation of the Rabbit Creek grow, investigators learned of another grow site at Beaver Creek, also off Highway 21, where, yesterday, investigators removed over 4,800 marijuana plants from the dispersed grow site.
Olson reminded hunters and others that if they encounter signs of a marijuana grow while recreating on public lands this fall, they should leave the area immediately and report the grow to law enforcement. “Marijuana growers can be dangerous,” said Olson. “Please leave investigations to properly trained law enforcement officers. Should you encounter any evidence of a marijuana grow on public lands, please contact your nearest federal, state or local law enforcement agency or call the Drug Enforcement Administration at (208) 386-2100, or the marijuana hotline at (208) 961-1111. For more information on what to do if you encounter a marijuana grow on public lands, please visit http://fishandgame.idaho.gov/public/hunt/?getPage=276.”
If convicted, the defendants face at least five years in federal prison, a maximum fine of $5 million, and at least four years of supervised release. Those who possessed the firearms face a consecutive five year sentence.
The case is being investigated by 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.
Federal Jury Finds Idaho Contractors GuiltyRead the Press Release
Treasure Valley Residents Convicted of Conspiracy,
Obstruction of Justice, Wire and Tax FraudBOISE – Elaine Martin, 66, of Meridian, Idaho, the former president and majority stockholder of MarCon, Inc., was convicted by a federal jury in Boise today 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, U.S. Attorney Wendy J. Olson and Assistant Attorney General for the Tax Division Kathryn Keneally announced. Martin’s co-defendant, Darrell Swigert, 67, 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. Sentencing for both defendants has been set for December 9, 2013, before Chief U.S. District Judge B. Lynn Winmill.
“The jury's verdicts send the strong message that those who seek federal government contracts must deal openly and honestly with the federal government,” said Olson. “I commend the cooperative investigation and prosecution in this case that involved the efforts of several agencies. This office will continue to prioritize and vigorously prosecute those who defraud the federal government and federal taxpayers.”
During the 26-day trial, the jury heard evidence 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 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.
The government is seeking $9,237,722.10 in forfeiture from Martin, which represents the proceeds obtained as a result of the criminal conduct.
“The Small Business Administration Office of Inspector General is committed to helping ensure that only eligible disadvantaged small businesses benefit from the SBA’s 8(a) Business Development Program. We are pleased with the jury's verdict today which 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.
“This verdict should send a clear message, income tax evasion is unacceptable and those who attempt to commit such fraud will be brought to justice,” said Stephen Boyd, IRS Criminal Investigation Special Agent-in-Charge for the State of Idaho.
“The Disadvantaged Business Enterprise (DBE) Program is a business assistance program of the U.S. Department of Transportation (DOT) which helps economically and socially disadvantaged small businesses compete in the marketplace. DBE fraud harms the integrity of the program and adversely impacts law-abiding, small business contractors trying to compete on a level playing field,” said William Swallow, regional Special Agent-in-Charge of the DOT’s Office of Inspector General. “Working with our Federal, State, and local law enforcement and prosecutorial colleagues, we will vigorously pursue those who violate the law, and expose and shut down fraud schemes that adversely affect public trust and DOT-assisted highway programs.”
The charge of making and subscribing a false return is punishable by up to three years in prison and up to three years of supervised release. The charge of conspiracy is punishable by up to five years in prison and up to three years of supervised release. Wire fraud is punishable by up to 20 years in prison and up to five years of supervised release. The charge of making a false statement is punishable by up to two years in prison and up to one year of supervised release. The charge of mail fraud is punishable by up to 20 years in prison and up to five years of supervised release. Each charge of interstate transportation of property taken by fraud is punishable by up to 10 years in prison and up to three years of supervised release. The charges of conspiracy to obstruct justice and obstruction of justice are each punishable by up to five years in prison and up to three years of supervised release. The aforementioned charges are each punishable by a maximum fine of $250,000, per count.
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.
Convicted Sex Offender Pleads Guilty to New OffenseRead the Press Release
BOISE — Jeremy E. Durkin, 35, of Coeur d’Alene, Idaho, pleaded guilty in federal court on September 19, 2013, to use of a facility of interstate commerce to transmit information about a minor, U.S. Attorney Wendy J. Olson announced
According to the plea agreement, the matter came to the attention of law enforcement on September 23, 2010, when, during routine cell search at the Idaho State Correctional Institution, a correctional officer found a letter on Durkin's bunk, which referenced a Yahoo e-mail account. The letter, written by Durkin, referred to the intended recipient as “you sexy sixteen-year-old.” In the letter, Durkin is asking someone he referred to in the greeting as “my Love,” to keep his (Durkin’s) Yahoo e-mail account active by logging on to it once a month and deleting all incoming mail. The letter further states: “This way I wont loose [sic] all the photos have up there. I don't really want to ask anybody else cuz there is naked photos of you that I don't want anybody to see.”
The FBI identified the victim as a high school student in Oregon. When interviewed, the youth told investigators that Durkin initiated contact in December 2009 via Facebook. The victim further stated that Durkin (who was not known by the victim prior to that time) persuaded the victim to call him at a telephone number in Idaho. The two spoke telephonically and “hit it off,” according to the victim. Durkin initially gave a false name, but not long after they met online, told the youth his true name. According to the victim, Durkin knew the teenager was 15 years old at the time.
According to the victim, from December 2009 until the summer 2010, Durkin was in constant contact via e-mail, telephone and U.S. Mail. The youth described their relationship as being almost immediately romantic and sexual, and said they exchanged sexually explicit photos. A search of Durkin’s Yahoo! account confirmed the allegations. The two never met in person; their relationship was entirely via telephone, e-mail and U.S. Mail.
In 2005, Durkin pleaded guilty in Kootenai County, Idaho, to one count of lewd conduct with a child under age 16. He was on parole and out of custody at the time the incidents occurred that resulted in the new federal charges. Durkin’s parole was revoked in 2010 and he was returned to prison. He is currently serving a state prison sentence on the Kootenai County case and is scheduled for release in 2016.
The federal charge of using a facility of interstate commerce to transmit information about a minor, when committed by a person convicted of a prior sex offense, is punishable by up to 10 years in prison, a maximum fine of $250,000, and up to lifetime supervised release.
Sentencing is set is for December 2, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.
The case was investigated by the Federal Bureau of Investigation and the Idaho Department of Correction. Both agencies are southern Idaho 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.”
Kingston Man Sentenced for Illegally Cutting TimberRead the Press Release
COEUR D’ALENE – Norman Leroy Bogart, 51, of Kingston, Idaho, was sentenced in federal court yesterday to three years of probation for illegally cutting timber on national forest lands, U.S. Attorney Wendy J. Olson announced. Senior U.S. District Judge Robert H. Whaley also ordered Bogart to pay $1,700 in restitution. He pleaded guilty to one felony count of willful injury or depredation of property of the United States on June 24, 2013.
According to the plea agreement, Bogart admitted that between April and October 2012, he illegally cut and hauled timber from an area within the Idaho Panhandle National Forests, near his home in Kingston, Idaho. The U.S. Forest Service initiated an investigation after discovering that 40 green trees had been cut within the one area. U.S. Forest Service investigators used a deer camera to capture Bogart’s vehicle traveling to and from the cut site.
On October 3, 2012, the U.S. Forest Service executed a search warrant at Bogart’s residence and seized more than 58 cords of timber cut into firewood. One pile was estimated to be 40 feet long, 10 feet wide and 10 feet tall, according to the plea agreement. Investigators determined that most of the timber was green when cut. Investigators matched some of the larger timber seized from Bogart’s property to several stumps at the cut location within the Idaho Panhandle National Forests.
The case was investigated by the U.S. Forest Service, with the assistance of the Idaho State Police, the North Idaho Violent Crimes Task Force, and the Shoshone County Sheriff’s Office.
Coeur D'Alene Man Sentenced for Child Pornography OffenseRead the Press Release
Admitted Possessing More than 3,500 Images
COEUR D’ALENE – Brian Daniel Rowe, 28, of Coeur d’Alene, Idaho, was sentenced yesterday in United States District Court to 33 months in prison followed by 10 years of supervised release for possession of sexually explicit images of minors, U.S. Attorney Wendy J. Olson announced. Senior U.S. District Judge Robert H. Whaley also ordered Rowe to pay $1,500 in restitution to the victim. He pleaded guilty to the charge on May 29, 2013.
According to the plea agreement, Rowe admitted that in July 2012, he possessed a computer and a smart phone that contained more than 3,500 sexually explicit images of minors. When interviewed by investigators, Rowe admitted to downloading sexually explicit images of minors for years. Authorities were alerted to Rowe’s illegal behavior earlier in 2012, when they received information that Rowe was making child pornography available to others on an Internet peer-to-peer network. Investigators subsequently executed a search warrant at Rowe’s residence and seized computers and his smart phone.
“Those who victimize children by possessing and distributing images of children being sexually abused will be identified, investigated and prosecuted,” said Olson. “Yesterday’s sentence shows that those who sexually exploit our children will spend significant time in prison. I commend the cooperative federal, state and local law enforcement effort that brought Brian Rowe to justice.”
The case was investigated by the Idaho Attorney General’s Office, Meridian Police Department, Coeur d’Alene Police Department, Nampa Police Department, Kootenai County Prosecutor’s Office, Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and United States Secret Service. The agencies 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 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.”
Attorney General’s Native American Issues Subcommittee to Meet in OregonRead the Press Release
VAWA 2013 Implementation, Offender Reentry, White Collar Crime, Juvenile Justice
Among Agenda ItemsBOISE — U.S. Attorneys from the Attorney General’s Advisory Council (AGAC) Native American Issues Subcommittee (NAIS) will meet in Hood River, Ore., next week, Sept. 17-19, 2013. On the agenda are, among other items, efforts to strengthen offender reentry efforts in Indian country, to address juvenile justice and the effects of exposure to violence on American Indian and Alaska Native youth, to defend Indian hunting and fishing rights, to clarify jurisdictional issues on the Columbia River, and to support implementation of the Violence Against Women Reauthorization Act of 2013 (VAWA 2013).
On Sept. 18, U.S. Associate Attorney General Tony West and Assistant Attorney General for the Office of Justice Programs Karol Mason will join the U.S. Attorneys for a special joint session with tribal leaders from Oregon, Washington, and Idaho to be held in Celilo Village, Ore.
“While we are mindful of the great progress that is being made by U.S. Attorneys and tribal justice systems across Indian country, I look forward to exploring with the NAIS and tribal leaders ways that we can strengthen our government-to-government relationships even more, work ever closer with tribal nations, and advance our shared goal of building safe, sustainable, and healthy communities,” said Associate Attorney General West.
“The meeting at Hood River and Celilo Village provides an important opportunity for United States Attorneys, Department of Justice officials and federal agencies with Indian country responsibility to consult with Northwest tribal leaders on a wide range of issues critical to public safety in Indian country,” said Wendy J. Olson, U.S. Attorney for Idaho. “I am pleased that the meeting is taking place at a site of great cultural and historical importance to the Columbia River Tribes, including the Nez Perce.”
Thirty U.S. Attorneys from districts with Indian country or one or more federally recognized tribes serve on the NAIS. The NAIS focuses exclusively on Indian country issues, both criminal and civil, and is responsible for making policy recommendations to the Attorney General regarding public safety and legal issues.
VAWA 2013 was signed into law by President Obama on March 7, 2013. This law contains provisions that significantly improve the safety of native women and allow federal and tribal law enforcement agencies to hold more perpetrators of domestic violence accountable for their crimes. Many of these critical provisions were drawn from the U.S. Department of Justice’s July 2011 proposal for legislation to combat violence against native women. The department is exploring with tribal leaders how the department can help support the new law’s implementation. This law generally takes effect on March 7, 2015, but also authorizes a voluntary pilot project to allow certain tribes to begin prosecuting additional cases sooner.
In June 2009, Attorney General Eric Holder launched a department-wide initiative to enhance public safety in Indian country. Significant progress has been made since then, and the U.S. Attorney’s Offices with Indian country jurisdiction have had a major role in this success.
In May 2013, the Justice Department released its first report to Congress, required under the Tribal Law and Order Act, entitled Indian Country Investigations and Prosecutions (ICIP). The ICIP report, based on data compiled from the case management system used by U.S. Attorney’s Offices (USAOs) with Indian country jurisdiction, shows among other things a 54 percent increase in Indian country criminal prosecutions since 2009.
The information contained in the report shows, among other things, the following:
- The Justice Department’s prioritization of Indian country crime has resulted in a notable increase in commitment to overall law enforcement efforts in Indian country. Caseloads have increased overall from 1,091 cases filed in fiscal year (FY) 2009 to 1,138 in FY 2010 to 1,547 in FY 2011 to 1,677 in FY 2012. This represents a 54 percent increase in the Indian country crime caseload.
- The report shows a new era of partnership between the federal government and American Indian tribes, including an unprecedented level of collaboration with tribal law enforcement. The increase in collaboration and communication strengthens the bond of trust between federal and tribal investigators, prosecutors and other personnel in both federal and tribal criminal justice systems. As a result, tribal communities will be safer places to live, work, and raise families.
In the District of Idaho, prosecutions in Indian country have increased over the last four years. In fiscal year 2013, the U.S. Attorney's Office increased its Indian Country cases filed by 22 percent over fiscal year 2012. In addition, the U.S. Attorney's Office has worked closely with tribal law enforcement to provide training to tribal officers throughout Idaho.
Read more about the Justice Department’s efforts to support implementation of VAWA 2013: http://www.justice.gov/tribal/vawa-tribal.html.
Read the entire ICIP report at www.justice.gov/tribal/tloa-report-cy-2011-2012.pdf.
Read about the Justice Department’s efforts to increase public safety in Indian County at www.justice.gov/tribal/accomplishments.html.
Kamiah Man Sentenced in Drunk-Driving Manslaughter CaseRead the Press Release
COEUR D'ALENE – Nicholas P. Allman, 23, of Kamiah, Idaho, was sentenced today in United States District Court to 21 months in prison for involuntary manslaughter, U.S. Attorney Wendy J. Olson announced. Senior U.S. District Judge Robert H. Whaley also ordered Allman to serve three years of supervised release. He pleaded guilty to the charge on June 11, 2013.
According to statements made in court, on October 28, 2011, Allman and two friends attended an outdoor party outside of Kooskia, Idaho. Witnesses at the party recalled that Allman was drinking alcohol and appeared to be intoxicated. In the early morning hours of October 29, 2011, the men left the party with Allman driving the vehicle. Approximately one hour later, Allman failed to negotiate a turn on Harris Ridge Road. His vehicle left the roadway and rolled down a steep embankment onto U.S. Highway 12 below. The three men were ejected from the vehicle. James Oatman Jr. died during the rollover and was pronounced dead at the scene. Allman’s blood was drawn by police later that morning and it was determined that he was intoxicated, having a blood alcohol level above .08.
The case was investigated by the Federal Bureau of Investigation, Idaho State Police, and Nez Perce Tribal Police, with assistance from the Idaho County Sheriff’s Office.
Utah Man Pleads Guilty to Idaho Drug ChargeRead the Press Release
Two Co-defendants Scheduled for Sentencing in November
POCATELLO – Fernando Garcia, 31, of Logan, Utah, pleaded guilty today in United States District Court to one count of conspiracy to distribute cocaine, U.S. Attorney Wendy J. Olson announced.
According to the plea agreement, on April 22, 2011, Garcia arranged to sell and subsequently delivered cocaine to another individual in Idaho Falls, Idaho, for $1,150. Garcia admitted knowing the substance he was distributing was cocaine.
Garcia is scheduled to be sentenced on November 19, 2013, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello. He faces up to 20 years in prison, a maximum fine of $1 million, and at least three years of supervised release.
Two co-defendants, Josue Rodriguez-Sanchez, and Julian Vega-Valdez, both 25-, of Idaho Falls, pleaded guilty on August 14, 2013, to related drug charges. Sentencing is set for November 18, 2013.
The charges are the result of an investigation by the Organized Crime Drug Enforcement Task Force (OCDETF), including 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, 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.
Federal Judge Convicts Rexburg Man of Distributing Meth and Violating Federal Firearms LawsRead the Press Release
POCATELLO – Noe Munguia-Diaz, a/k/a Juan Ernesto Medina-Munguia, 35, of Rexburg, Idaho, was found guilty today in federal court in Pocatello of six counts of distributing methamphetamine, one count of possession with intent to distribute methamphetamine, and two counts of unlawfully possessing firearms, U.S. Attorney Wendy J. Olson announced. Munguia-Diaz appeared before the Hon. Terry J. Hatter, Jr., Senior U.S. District Judge for the Central District of California. He waived his right to trial by a jury in August 2013.
During the two-day trial, Judge Hatter heard evidence that Munguia-Diaz sold methamphetamine to other individuals on six occasions between March 23, 2011, and October 19, 2012. During one of the sales, Munguia-Diaz also sold a handgun. Judge Hatter also heard evidence that on March 4, 2013, when the defendant was arrested, Rexburg police officers found over $4,500 in the possession of the defendant and his female passenger, evidence that Munguia-Diaz had deposited that day a total of $15,000 between two different banks, and a loaded handgun. Later than night, pursuant to a search warrant, officers recovered approximately one ounce of methamphetamine from a heating vent in Mungua-Diaz’s bedroom. Munguia-Diaz admitted to officers that he had methamphetamine in his house and that the firearm in the car belonged to him.
Munguia-Diaz is scheduled to be sentenced by Judge Hatter on December 3, 2013, at the federal courthouse in Pocatello. He faces a minimum term of five up to 40 years in prison, a maximum fine of $5 million, and at least four years of supervised release. Munguia-Diaz will forfeit the two firearms he unlawfully possessed and $31,202 as proceeds from his criminal offenses.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Madison County Sheriff’s Office, with assistance by Bingham Co. Sheriff’s Office, Blackfoot Police Department, Federal Bureau of Investigation, Fremont Co. Sheriff’s Office, Idaho State Police, Jefferson Co. Sheriff’s Office, Rexburg Police Department, and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).
Idaho Falls Man Sentenced for Meth TraffickingRead the Press Release
POCATELLO – John Robert Anderson, 34, of Idaho Falls, Idaho, was sentenced today to 24 months in prison followed by four years of supervised release for possession with intent to distribute in excess of five grams of actual methamphetamine, U.S. Attorney Wendy J. Olson announced. Anderson was sentenced by Senior U.S. District Judge Terry J. Hatter, Jr., at the federal courthouse in Pocatello. He pleaded guilty to the charge on February 7, 2013.
According to the plea agreement, on August 29, 2012, law enforcement officers arrested Anderson in Idaho Falls for outstanding warrants. A subsequent search revealed Anderson was in possession of 19 grams of a substance containing 17.36 grams of methamphetamine, a digital scale disguised as a cell phone, and baggies. Anderson admitted he possessed the methamphetamine with the intention of distributing it to another person.
The indictment was a result of an investigation by the Organized Crime Drug Enforcement Task Force (OCDETF), including the Idaho State Police, 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), U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), Internal Revenue Service-Criminal Investigation, 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.
Justice Department Reaches Settlement with Jerome County Sheriff’s Office to Resolve the Employment Rights of Army National Guard MemberRead the Press Release
BOISE –The United States Justice Department and U.S. Attorney Wendy J. Olson announced today that they reached an agreement with the Jerome County Sheriff’s Office to resolve the allegations that Jerome County violated the employment rights of Idaho Army National Guard Member Mervin Jones while he was recuperating from a knee injury that he sustained while performing military service.
The Justice Department’s complaint alleged that the Jerome County Sheriff’s Office violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by failing to properly reemploy and subsequently terminating Jones following his service with the Idaho Army National Guard. The complaint states that Jones began working for the Jerome County Sheriff’s Office as a correctional deputy in 2002. By 2007, he had been promoted through the ranks to Corporal. During his employment with the Sheriff’s Office, Jones suffered a knee injury while deployed to Iraq in 2004, which Jones later aggravated in 2008 during a weekend training event with his Guard unit. The complaint alleges that in 2009, while Jones was still recuperating from multiple knee surgeries, the Sheriff’s Office forced him to complete Family Medical Leave Act (FMLA) paperwork even though his leave was protected under USERRA, denied him light duty work to accommodate his physical limitations caused by the knee injury, attempted to subject him to an unlawful “fitness for duty” evaluation and physical fitness test before allowing him to return to work, and terminated his employment during the period of time permitted by USERRA to recover from an injury incurred in the line of duty. The settlement reached is a compromise to avoid the expense and uncertainty of litigation. Jerome County does not admit to all of the allegations.
Subject to certain limitations, USERRA requires that service members who leave their civilian jobs to serve in the military be reemployed promptly by their civilian employers in the positions they would have held if their employment had not been interrupted by military service or in positions of comparable seniority, pay, and status. In addition, USERRA requires employers to accommodate service members who are injured in the line of duty, and allows service members who are recuperating from such an injury up to two years to obtain reemployment without facing termination by their civilian employers.
Under the terms of the agreement, which was filed as a Consent Decree in the U.S. District Court for the District of Idaho, Jerome County has agreed to pay $150,000 (which includes $75,000 in lost wages) to Jones. Jerome County has also agreed to provide a letter that requests Jones’ return to the state employment eligibility register maintained by the Human Resources Department of the State of Idaho.
“This settlement demonstrates our vigilant protection of the employment opportunities of our service members, and our commitment to vigorous enforcement of the laws that protect them,” said Jocelyn Samuels, Acting Assistant Attorney General for the Civil Rights Division. “The department is pleased that we were able to work cooperatively with Jerome County to resolve this matter without the need for contested litigation.”
“USERRA affords military members who leave their civilian careers behind for significant periods of time to serve our country certain protections against unjust terminations,” said Wendy Olson, United States Attorney for the District of Idaho. “It is important that all veterans and especially those veterans who are injured serving their country, have the opportunity to return to civilian life and their careers free from worry about termination without cause.”
The case stems from a referral by the United States Department of Labor following an investigation by the Department of Labor’s Veterans’ Employment and Training Service. This case is being handled by the Civil Rights Division and the U.S. Attorney’s Office for the District of Idaho.
Additional information about USERRA can be found on the Justice Department website: www.servicemembers.gov and www.usdoj.gov/crt/emp, as well as on the Labor Department’s website at www.dol.gov/vets/programs/userra/main.htm.
Pocatello Man Sentenced to 70 Months in Prison for Selling MethRead the Press Release
POCATELLO – Loyal Dean Williams, 38, of Pocatello, Idaho, was sentenced yesterday in United States District Court to 70 months in prison for distributing methamphetamine, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Williams to serve four years of supervised release.
On June 4, 2013, Williams admitted in court that on September 14, 2010, he met with an individual in Idaho Falls, Idaho, and sold that individual 6.8 grams of methamphetamine for $1,000. The substance was tested by DEA’s Western Laboratory and confirmed to contain 6.7 grams of actual methamphetamine. On October 5, 2010, Williams again met with and sold the same individual 6.3 grams of methamphetamine for $900. Testing confirmed the substance contained 6.1 grams of actual methamphetamine.
The case is the result of an investigation by the Organized Crime Drug Enforcement Task Force (OCDETF), led by the Federal Bureau of Investigation and Idaho State Police. Other federal agencies participating in the OCDETF program include U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), Internal Revenue Service-Criminal Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Drug Enforcement Administration (DEA), and U.S. Marshals Service.
Ammon Man Sentenced for Selling Meth in BlackfootRead the Press Release
POCATELLO – Jesus Manuel Avila, 46, of Ammon, Idaho, was sentenced yesterday in United States District Court to 12 months in prison, followed by 12 months of home detention with electronic monitoring, for distributing five grams or more of actual methamphetamine, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Avila to serve five years of supervised release and pay a $1,000 fine. He pleaded guilty to the charge on March 19, 2013.
According to the plea agreement, on two occasions, including August 1, 2011, Avila agreed to sell methamphetamine to another individual. Avila subsequently met with the individual in Blackfoot, Idaho, where he sold an ounce of methamphetamine containing five grams or more of methamphetamine.
The case was investigated by the Idaho State Police.
Nampa Man Pleads Guilty to Drug ConspiracyRead the Press Release
POCATELLO – Noe Gonzalez, 29, of Nampa, Idaho, pleaded guilty yesterday in United States District Court in Pocatello to conspiracy to distribute and possess with intent to distribute 93.53 grams of methamphetamine, U.S. Attorney Wendy J. Olson announced.
According to court records, on February 12, 2013, Idaho State Police stopped Gonzalez and his passenger for a traffic violation. Gonzalez provided a false identification document to the officer. Subsequently, police found drug paraphernalia and a handgun inside the vehicle. Gonzalez and his passenger were arrested and the vehicle impounded. When the vehicle was searched pursuant to a search warrant, police discovered a white tube sock containing four baggies of methamphetamine hidden in the dash and 9 millimeter handgun ammunition hidden in a void above the glove box. Forensic examination of the methamphetamine by the Idaho State Lab determined its total weight to be 93.53 grams.
The charge of conspiracy to distribute is punishable by ten years up to life in prison, a maximum fine of $10 million, and at least five years supervised release.
Sentencing is set for November 18, 2013, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
The charges are the result of an investigation by the Organized Crime Drug Enforcement Task Force (OCDETF), led by the Idaho State Police and Federal Bureau of Investigation. Other federal agencies participating in the OCDETF program are the Drug Enforcement Administration, U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), Internal Revenue Service-Criminal Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) 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.
Montana Man Pleads Guilty to Illegally Possessing FirearmRead the Press Release
COEUR D’ALENE – Allen Farris Wright, 21, of Libby, Montana, pleaded guilty today in United States District Court in Coeur d’Alene, to unlawful possession of a firearm, U.S. Attorney Wendy J. Olson announced. Wright was indicted by a federal grand jury in Idaho on March 19, 2013.
According to court documents, Wright is prohibited from possessing firearms due to his prior conviction for burglary in San Joaquin County, California, a felony offense punishable by a term of imprisonment exceeding one year. On January 11, 2011, Wright unlawfully possessed a Ruger .357 Magnum firearm.
The charge of unlawful possession of a firearm is punishable by up to ten years in prison, a maximum fine of $250,000, and up to three years of supervised release.
Sentencing is set for December 3, 2013, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Coeur d’Alene.
The case was investigated by the North Idaho Violent Crimes Task Force (NIVCTF). NIVCTF members include the Federal Bureau of Investigation, the Idaho State Police, Kootenai County Sheriff's Office, Shoshone County Sheriff's Office, Bonner County Sheriff's Office, Coeur d'Alene Police Department, Post Falls Police Department, and Coeur d'Alene Tribal Police. The NIVCTF investigates a myriad of violent crimes, including armed robbery, kidnapping, felonious assault and drug trafficking.
The case was prosecuted as part of Idaho’s Project Safe Neighborhoods Program, which seeks to reduce gun violence in Idaho.
Former Employee Admits Theft from Coeur D’Alene TribeRead the Press Release
COEUR D’ALENE – Angeline Morago George, 36, of Plummer, Idaho, and Portland, Oregon, pleaded guilty today in federal court to conspiracy to commit theft from a tribal organization, U.S. Attorney Wendy J. Olson announced. George and co-conspirator Billy E. Moffitt, 26, of Plummer and Lewiston, Idaho, were charged in a federal indictment on May 21, 2013. Moffitt pleaded guilty to the charge on August 20.
According to the plea agreement, Angeline George was employed by the Coeur d’Alene Tribal Housing Authority and was issued a credit card related to her duties. Between February 2 and February 23, 2013, George and Moffitt drove from the Coeur d’Alene reservation to Spokane, Washington, where George purchased $4,175.26 in money orders from local Money Tree stores. George or Moffitt would then cash the money orders and use the cash for their personal use and benefit. As part of their agreement with prosecutors, George and Moffitt agreed to pay restitution to the Coeur d’Alene Tribal Housing Authority.
The defendants each face up to five years in prison, a maximum fine of $250,000, and up to three years of supervised release.
George is scheduled to be sentenced on December 3 and Moffitt on November 5, 2013, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Coeur d’Alene.
“Those who are entrusted with public funds have a solemn obligation to act in the public interest,” said Olson. “Ms. George violated the trust placed in her by the Coeur d’Alene Tribal Housing Authority, by putting personal gain ahead of her public obligation. Appropriately, Ms. George and her co-conspirator, Mr. Moffitt, will reimburse the Coeur d’Alene Tribe for the money they stole. I commend the Coeur d’Alene Tribal Police and the FBI for their thorough investigation of this case.”
The case was investigated by Coeur d’Alene Tribal Police and the Federal Bureau of Investigation.
Another Guilty Plea in Multi-Defendant Meth Trafficking CaseRead the Press Release
POCATELLO – Marco Antonio Echeverria, 25, of Idaho Falls, Idaho, pleaded guilty yesterday in United States District Court to distributing methamphetamine, U.S. Attorney Wendy J. Olson announced.
According to the plea agreement, an individual working with law enforcement contacted co-defendant Juan Carlos Garcia and made arrangements to purchase methamphetamine. Garcia directed the individual to another location in Idaho Falls, Idaho, where he met with Echeverria. Echeverria told the individual that Garcia had asked him to handle the transaction. The next day, Echeverria provided the individual with methamphetamine, as previously agreed. Echeverria admitted knowing the substance he was distributing was methamphetamine.
Echeverria’s sentencing is set for November 20, 2013, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello. He faces up to 20 years in prison, a maximum fine of $1 million, and at least three years of supervised release.
Five co-defendants – Juan Garcia, 35, Fausto Enrique Urias, 32, Erica Rodriguez, 33, and Misty Chapman, 29, all of Idaho Falls, and Benito Vasquez Joya, 58, of Rigby Idaho – pleaded guilty earlier this month to related drug charges. They are scheduled to be sentenced on October 23, 2013, in Pocatello.
The charges are the result of an investigation by the Organized Crime Drug Enforcement Task Force (OCDETF), including 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, 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.
Two Sex Offenders Indicted for Failing to RegisterRead the Press Release
POCATELLO - Ronald Lee Chaney, 32, and Tyler Zane Clem, 21, both recently of North Little Rock, Arkansas, were indicted on August 27, 2013, by a federal grand jury in Pocatello for failing to register as a sex offender, U.S. Attorney Wendy J. Olson announced. Clem appeared today before U.S. Magistrate Judge Ronald E. Bush and entered a plea of not guilty. Chaney’s initial appearance has not been set.
The indictments allege that between June 29 and August 9, 2013, both men were required to register under the Sex Offender Registration and Notification Act (SORNA), but failed to do so. Clem, convicted of Felony Sexual Assault in the Second Degree on June 13, 2012, in Arkansas, was initially charged with failing to register by complaint. The supporting affidavit by a Deputy United States Marshal stated that Clem had left a half-way house in North Little Rock, Arkansas, with Chaney, near the end of June, and that Chaney was arrested on August 7 at a residence in Pocatello. Clem was arrested on August 9. According to the affidavit, a witness stated that Clem and Chaney rode the Salt Lake Express to Pocatello, arriving together on July 3, 2013. Public records indicate that Chaney was convicted in Idaho in 2002 of Sexual Abuse of a Child under Sixteen Years.
Chaney’s indictment also alleges that he committed assault on an officer on the date of his arrest, August 7, 2013.
The charge of failure to register as a sex offender is punishable by up to ten years in prison, a maximum fine of $250,000, and up to life supervised release. The charge of assault on an officer is punishable by up to eight years in prison, a maximum fine of $250,000, and up to three years of supervised release.
An indictment is a means of charging a person with criminal activity. It is not evidence. The person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The Sex Offender Registration and Notification Act (SORNA), which was passed by Congress in 2006, requires sex offenders to register and keep their registration current in each jurisdiction where they reside, are employed or are students. Violations of SORNA can be prosecuted in federal court.
“The U.S Marshals Service take these cases very serious. Indicting these individuals proves that it doesn’t matter where they run and hide, we will find them, and they will be prosecuted,” stated Brian T. Underwood, U.S. Marshal for the District of Idaho.
The case was investigated by the United States Marshals Service and the Idaho Sex offender Watch Task Force.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Nampa Man Arrested on Federal Drug ChargeRead the Press Release
BOISE – Timothy Alan Butterbaugh, 45, of Nampa, Idaho, was arrested yesterday on a federal complaint charging him with distributing methamphetamine, U.S. Attorney Wendy J. Olson announced.
The complaint, filed in United States District Court on Wednesday, charges Butterbaugh with distributing methamphetamine on July 24, 2013. Butterbaugh was arrested last night at his residence in Nampa. Federal agents and local officers executed a search warrant at his residence along with two other locations in Nampa. The warrants were served by the FBI, Treasure Valley Metro Violent Crime Task Force, Canyon County Sheriff's Office, Nampa City Police Department, and Meridian City Police Department.
If convicted, Butterbaugh faces a maximum penalty of twenty years in prison, a maximum fine of $1,000,000, and at least three years of supervised release.
An initial appearance is set for August 30, 2013, at the federal courthouse in Boise. A preliminary hearing will be scheduled at that time.
The case is being 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 the Idaho Department of Correction.
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.
A complaint is only an allegation of criminal conduct and is not evidence of guilt. A person is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Texas Man Pleads Guilty in Idaho Federal CourtRead the Press Release
Admits Conspiring to File False Claims for IRS Tax Refunds Agreed to Pay Restitution of $1,466,799
POCATELLO – Lawrence Sikutwa, 34, of Dallas, Texas, pleaded guilty today in United States District Court to conspiracy to file false claims for a refund, U.S. Attorney Wendy J. Olson announced. Sikutwa entered his plea before U.S. Magistrate Judge Ronald E. Bush at the federal courthouse in Pocatello.
According to the plea agreement, Sikutwa operated a tax preparation business in Dallas. He entered into an agreement with various co-conspirators in Pocatello and elsewhere to solicit clients for him. The co-conspirators contacted persons who needed tax preparation services, obtained their tax documents from them, and then shipped the information to Sikutwa to prepare the tax returns. Sikutwa added false dependents and false income, falsely claimed head-of-household status, and made other entries to increase the amount of the refund. According to the plea agreement, Sikutwa distributed a small portion of the actual refund to the taxpayer, representing it was the entire refund, and failed to provide copies of the returns to the taxpayers. Sikutwa admitted that he was aware the tax returns were false.
According to the plea agreement, during 2006, Sikutwa filed 168 tax returns for tax year 2005, resulting in refunds of $654,368. In 2007, he filed 124 tax returns for tax year 2006, resulting in refunds of $588,982. Under the name of Harris Tax Services, Sikutwa prepared and filed 99 returns for tax year 2007, resulting in refunds of $456,888. According to the plea agreement, Sikutwa will pay $1,466,799 in restitution to the Internal Revenue Service.
The charge of conspiracy to file false claims for refund is punishable by up to ten years in prison, a maximum fine of $250,000, and up to three years of supervised release.
Sikutwa is set for sentencing on November 18, 2013, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
The case was investigated by Internal Revenue Service-Criminal Investigation.
Filer Man Sentenced for Conspiring to Distribute Meth in Twin Falls AreaRead the Press Release
BOISE – Christopher Palacios, a/k/a “Paco,” 41, of Filer, Idaho, was sentenced today to 218 months in prison followed by five years of supervised release for conspiracy to possess with intent to distribute 50 grams or more of actual methamphetamine, U.S. Attorney Wendy J. Olson announced. Palacios appeared today before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise. He pleaded guilty to the charge on February 26, 2013.
According to court documents, Palacios admitted that between March 29 and May 21, 2012, he conspired with his co-defendants, Terry O’Brien and Krystal Reese, to distribute methamphetamine in the Twin Falls area.
Co-conspirator Terry Lee O’Brien, 54, of Boise, Idaho, was sentenced on July 2, 2013, to 66 months in prison for conspiracy to possess with intent to distribute 50 grams or more of actual methamphetamine.
Co-conspirator Krystal Amber Reese, 32, of Filer, pleaded guilty on July 2, 2013, to possession with intent to distribute methamphetamine. Sentencing is set for September 23, 2013.
The case was investigated by the Idaho State Police.
Glenns Ferry Man Sentenced for Distributing MethRead the Press Release
BOISE – Jaime Guerrero, 27, of Glenns Ferry, Idaho, was sentenced today in United States District Court to 53 months in prison for possession with intent to distribute methamphetamine, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Guerrero to serve five years of supervised release, 80 hours of community service and pay a $100 special assessment. He pleaded guilty to the charge on November 27, 2012.
Co-defendant Raul Garcia-Rosales, of Mountain Home, Idaho, was sentenced on June 4, 2013, to 21 months in prison for possession with intent to distribute methamphetamine.
According to plea agreements filed in the case, on September 14, 2011, Garcia-Rosales received approximately one pound of methamphetamine from Guerrero in Elmore County, Idaho, and then distributed it to an undercover officer at a truck stop in Mountain Home. Guerrero admitted that he supplied the methamphetamine to Garcia-Rosales. Both men acknowledged the substance they were distributing was methamphetamine.
The case was the result of a joint investigation of the Organized Crime and Drug Enforcement Task Force (OCDETF), led by the Idaho State Police and the Drug Enforcement Administration, in conjunction with the Elmore 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. Federal task force members include the Bureau of Alcohol, Tobacco, Firearms and Explosives, the DEA, the Federal Bureau of Investigation (FBI), Internal Revenue Service-Criminal Investigation, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and U.S. Marshals Service.
Boise Man Sentenced for Passing Counterfeit $50 Notes in Several Idaho CommunitiesRead the Press Release
BOISE – William W. Hanson, 35, of Boise, Idaho, was sentenced today in United States District Court to 15 months in prison followed by three years of supervised release for passing counterfeit obligations and securities, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Hanson to pay $1,550 in restitution to the victims and pay a $100 special assessment. He pleaded guilty to the charge on June 10, 2013.
According to the plea agreement, on March 26, 2013, Hanson passed a counterfeit $50 Federal Reserve Note at a restaurant in Cambridge, Idaho. Hanson admitted to knowing the note was in fact a $5 note that had been bleached and printed to look like a $50 note. Later that day, the Washington County Sheriff’s Office arrested Hanson in possession of four additional $5 notes that were bleached and reprinted to look like $50 notes. A subsequent investigation found that prior to his arrest, beginning on approximately March 10, Hanson passed 30 similar counterfeit $50 notes in Burley, Twin Falls, Boise, Garden City, Nampa, Eden, Horseshoe Bend, Donnelly, McCall, New Meadows, Council, and Cambridge, Idaho. Hanson agreed to pay restitution to the victims.
The case was investigated by the United States Secret Service and the Washington County Sheriff’s Office.
Husband and Wife Sentenced for Wire FraudRead the Press Release
Thirteen Sentenced to Date in Crestwood Homes Mortgage Fraud
BOISE – Aaron Michael Hymas and Tiffany Kim Hymas, both 38, of North Salt Lake, Utah, were sentenced in United States District Court in Boise today for wire fraud, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge sentenced Aaron Hymas to 24 months in prison followed by three years of supervised release and ordered him to pay $1,520,296.77 in restitution. Tiffany Hymas was sentenced to 60 days in prison followed by three years of supervised release, beginning with six months of home detention. She was also ordered to pay $667,505.42 in restitution. The two former Treasure Valley residents each pleaded guilty to one count of wire fraud on October 18, 2012.
According to the plea agreements, the defendants admitted that they schemed to defraud a lender by having Tiffany submit a residential loan application for $295,600, on March 28, 2007, in which she made material misrepresentations. On the application, Tiffany Hymas stated that she was employed by OPM Enterprises with 2.6 years on the job; that she had income and commissions of $72,500 per month; and that she had gross rental income of $14,600 per month from four properties in Meridian, Nampa and Boise. Based on these misrepresentations, Taylor, Bean and Whitaker Mortgage Corporation funded the loan. The defendants admitted they knew Tiffany Hymas’ statements were false and material to the loan application, and that they knew the statements were false at the time she made them.
The cases are part of a long-term investigation of mortgage fraud activity related to Crestwood Homes, which involved multiple defendants, many of them family members, who bought and sold real estate in order to “flip it,” or gain profits from the sales. The financial institutions and mortgage lenders incurred substantial losses on the loan transactions.
In addition to Aaron and Tiffany Hymas, eleven individuals have been sentenced since November 2010 on charges of wire fraud, bank fraud and making false statements, including Michael J. Hymas, Shane M. Hymas, Laurie K. Hymas, Shauntee K. Ferguson, Christopher R. Georgeson, Stanley J. Ferguson, Brent Bethers, Melody C. Redondo, Paul Redondo, Travis R. Hymas and Season Heather Hymas.
“False statements to banks and lenders in order to obtain home loans have undermined the integrity of our nation’s housing financing system,” said Olson. “These sentences send the strong message that those who fabricate financial information to deceive lenders will be investigated, prosecuted and punished.”
“Integrity and honesty in the financial world are critical to society,” said U.S. District Judge Edward J. Lodge.
The cases were investigated by the Federal Bureau of Investigation and Internal Revenue Service-Criminal Investigation, with assistance provided by the Office of the United States Trustee and the Idaho Department of Insurance. The case is being prosecuted by the U.S. Attorney's Office for the District of Idaho and the State of Idaho, Office of the Attorney General.
Today's announcement is part of efforts underway by President Obama's Financial Fraud Enforcement Task Force (FFETF), which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys' offices and state and local partners, it's the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants.
Twenty-second Person Sentenced in Treasure Valley Aryan Knights InvestigationRead the Press Release
BOISE – Joshua Nall, 32, of Boise, was sentenced today in United States District Court to 30 months in prison followed by three years of supervised release for unlawfully possessing a firearm, U.S. Attorney Wendy J. Olson announced. He pleaded guilty to the charge on May 21, 2013.
According to the plea agreement, Nall admitted that on April 13, 2012, he possessed a Glock .40 pistol, which he provided to a confidential informant. Nall was prohibited from possessing the pistol because he was previously convicted in 2008 of unlawfully possessing a firearm, a felony punishable by a term of imprisonment exceeding one year.
Nall’s case was part of a larger investigation by the Treasure Valley Metro Violent Crimes Task Force, involving the Aryan Knights gang, in which 23 people were charged with drug trafficking and firearms violations; all have pleaded guilty, 22 have been sentenced and one is awaiting sentencing. Through the investigation, law enforcement agents identified Aryan Knights gang members who were trafficking methamphetamine, as well as associates of the gang who were the source of that methamphetamine.
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 the Idaho Department of Correction. The Organized Crime and Drug Enforcement Task Force (OCDETF) also contributed to the investigation, including the cooperative law enforcement efforts of the Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, U. S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Internal Revenue Service-Criminal Investigation, and U.S. Marshals Service.
Nall was prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership and the State of Idaho to address gang crimes. The Treasure Valley Partnership is comprised of a group of elected officials in southwest Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth. For more information, visit treasurevalleypartners.org.
Nampa Man Admits Unlawfully Possessing A FirearmRead the Press Release
BOISE – Keanta M. Lathrop, 35, of Nampa, Idaho, pleaded guilty today in United States District Court to one count of unlawfully possessing a firearm, U.S. Attorney Wendy J. Olson announced.
According to the plea agreement, court records show that Lathrop pleaded guilty to trafficking cocaine in Ada County and was sentenced on May 23, 2007, to six years in prison. Lathrop was granted parole and released from prison in November 2009. As a condition of release, Lathrop agreed to searches of his person or property. In October 2012, a search was conducted of Lathrop’s Nampa residence by Nampa police and Lathrop’s parole officer. The officers discovered a Jimenez Arms .380 semiautomatic pistol inside a backpack at the residence. Lathrop was present during the search and subsequently admitted that his fingerprints were on the weapon and he knowingly possessed the firearm. Because Lathrop was previously convicted of the felony offense of trafficking cocaine, he is prohibited from possessing firearms.
The charge is punishable by up to ten years in prison, a maximum fine of $250,000, and up to three years of supervised release. The government is seeking forfeiture of the firearm.
Lathrop is scheduled to be sentenced on November 13, 2013, by Chief U.S. District B. Lynn Winmill at the federal courthouse in Boise.
The case was investigated by the Nampa Police Department, Idaho Department of Probation and Parole, and Bureau of Alcohol, Tobacco, Firearms and Explosives.
Lathrop 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.
Idaho Prison Inmate Admits Mail FraudRead the Press Release
BOISE – Mark Anthony Brown, 53, an inmate at the Idaho Correctional Center in Orofino, pleaded guilty today in United States District Court to two counts of mail fraud, U.S. Attorney Wendy J. Olson announced. Brown was indicted by a federal grand jury in Boise on March 12, 2013.
According to court documents, from September 2007 to February 28, 2013, Brown devised a scheme to fraudulently obtain money from various class action lawsuits and large-scale bankruptcies. According to the plea agreement, Brown submitted numerous claim forms in which he falsely represented himself as a class member or creditor. He then mailed the claim forms to administrators of the settlements in order to receive settlement proceeds, and deposited the proceeds he received into his Idaho Department of Correction trust account, and into several different investment accounts, all through the use of the United States Mail. According to the plea agreement, Brown received approximately $60,000 as proceeds of his criminal activity, which he agreed to forfeit.
Each count of mail fraud is punishable by up to 20 years in federal prison, a maximum fine of $250,000, and up to three years of supervised release.
Sentencing is set for November 13, 2013, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise.
The case is being investigated by the United States Postal Inspection Service with the cooperation of the Idaho Department of Correction.
Arizona Man Pleads Guilty to Wire Fraud in Idaho Federal CourtRead the Press Release
Defendant Admits Stealing $449,643 from Click Sales, Inc.
BOISE – Christopher L. Myers, 37, of Cave Creek, Arizona, pleaded guilty in United States District Court in Boise to one count of wire fraud, U.S. Attorney Wendy J. Olson announced. Myers was indicted by a federal grand jury in Boise on May 17, 2013, on 26 counts of wire fraud.
According to the plea agreement, from April 2006 through November 2011, Myers was employed by Click Sales, Inc., doing business as ClickBank. For a portion of that time he served as the company’s comptroller. Click Sales, Inc., a subsidiary of Keynetics, Inc., operated a Boise-based internet business that facilitated payments between retailers and consumers. ClickBank received payments from consumers for the purchase price of goods and services, kept a portion of the purchase price as commission, and remitted the remainder to the retailers by checks, ACH transfers and wire transfers. Some of ClickBank’s retailer-clients failed to timely cash the checks. As comptroller, Myers was responsible for tracking these “issued but uncashed” checks.
According to the plea agreement, beginning in August 2008, on 26 separate occasions Myers wire transferred funds from ClickBank’s bank account to his personal bank accounts at a different bank. The funds that were wire transferred corresponded to the “issued but uncashed” checks to ClickBank retailer-clients. In total, Myers admitted he wire transferred approximately $449,643 from ClickBank’s bank account to his own bank accounts. According to the plea agreement, Myers did so with the specific intent to defraud and used the funds for personal purchases and expenditures, including mortgage payments and personal investment and retirement accounts.
Myers agreed to pay $606,989 in restitution to ClickBank, which includes $449,643 that Myers admitted he fraudulently wire transferred, and $157,346 for costs incurred by ClickBank in its internal investigation, interest and penalties.
The charge of wire fraud is punishable by up to 20 years in prison, a maximum fine of $250,000 or twice the gain or loss from the offense, and up to three years of supervised release.
Myers is scheduled to be sentenced on January 6, 2014, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise.
The case was investigated by the Boise Police Department and 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.
Lapwai Man Sentenced in Federal Court for AssaultRead the Press Release
COEUR D'ALENE – Paris Channing Leighton, 41, of Lapwai, Idaho, was sentenced today in United States District Court in Coeur d’Alene to 12 months plus one day in prison for assault resulting in serious bodily injury, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Leighton to serve three years of supervised release, perform 60 hours of community service, and pay $164 in restitution to the victim. Leighton pleaded guilty to the charge on April 3, 2013.
According to court statements, Leighton admitted that on May 18, 2012, he punched or kicked his girlfriend at their residence in Lapwai. The victim was taken to the hospital where a CT scan revealed that Leighton had caused the victim to suffer facial fractures.
The case was investigated by the Nez Perce Tribal Police and the Federal Bureau of Investigation.
Kamiah Man Pleads Guilty to Unlawfully Possessing AmmunitionRead the Press Release
COEUR D’ALENE – James Reuben Norton Blackeagle, 30, of Kamiah, Idaho, pleaded guilty today in United States District Court to unlawfully possessing ammunition, U.S. Attorney Wendy J. Olson announced. Blackeagle was indicted by a federal jury on May 21, 2013.
According to the plea agreement, Blackeagle admitted that on February 28, 2013, he possessed ammunition within his residence and vehicle. Blackeagle was prohibited from possessing firearms and ammunition due to a previous conviction in 2007 for possession of a destructive device. Blackeagle will forfeit the ammunition he unlawfully possessed.
The charge of unlawfully possessing ammunition 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 November 12, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Coeur d’Alene.
The case was investigated by the Federal Bureau of Investigation, with the assistance of the Nez Perce Tribal Police Department.
The case was prosecuted as part of Idaho’s Project Safe Neighborhoods Program, which seeks to reduce gun violence in Idaho.
Coeur D'Alene Man Pleads Guilty to Unlawfully Possessing A FirearmRead the Press Release
COEUR D’ALENE – Kalum McPhedran, 29, of Coeur d’Alene, Idaho, pleaded guilty yesterday in United States District Court to unlawfully possessing a firearm, U.S. Attorney Wendy J. Olson announced. McPhedran was indicted by a federal grand jury in Coeur d’Alene on February 20, 2013.
According to the plea agreement, McPhedran admitted that on January 15, 2013, he unlawfully possessed a Remington 12 gauge shotgun, knowing that he was prohibited from possessing firearms due to a previous conviction in 2010 for possession of a controlled substance. McPhedran will forfeit the firearm he unlawfully possessed.
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 November 13, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Coeur d’Alene.
The case was investigated by the North Idaho Violent Crimes Task Force (NIVCTF). NIVCTF members include the Federal Bureau of Investigation, the Idaho State Police, Kootenai County Sheriff's Office, Shoshone County Sheriff's Office, Bonner County Sheriff's Office, Coeur d'Alene Police Department, Post Falls Police Department, and Coeur d'Alene Tribal Police. The NIVCTF investigates a myriad of violent crimes, including armed robbery, kidnapping, felonious assault and drug trafficking.
The case was prosecuted as part of Idaho’s Project Safe Neighborhoods Program, which seeks to reduce gun violence in Idaho.
Winchester Man Sentenced to 30 Years for Second Degree MurderRead the Press Release
COEUR D’ALENE – U.S. Attorney Wendy J. Olson announced that Kenneth D. Broncheau, 48, of Winchester, Idaho, was sentenced today in United States District Court to 30 years in prison for second degree murder and using a firearm in a crime of violence. U.S. District Judge Edward J. Lodge also sentenced Broncheau to five years of supervised release following his prison term and fined him $2,000. He pleaded guilty to the charges on May 29, 2013.
According to the plea agreement, Broncheau admitted that on the evening of June 21, 2012, he intentionally shot and killed his mother, Carol Haskell, at their residence located on the Nez Perce Indian Reservation. Broncheau fired two shots from a Savage Arms .243 rifle; the first bullet missed Haskell, the second struck her in the torso causing a mortal injury. Broncheau then retrieved a container of gasoline from a shed located on the property and returned to the residence. According to the plea agreement, Broncheau poured gasoline on the victim’s body and set it afire. A neighbor responding to the screams and gunshots removed the rifle from Broncheau’s hands. Broncheau was taken into custody by law enforcement shortly thereafter and has remained in custody since that time.
“Mr. Broncheau well deserves the significant sentence imposed by the court,” said Olson. “His intentional, senseless acts took his mother's life. This office, along with federal and tribal law enforcement, are committed to ensuring public safety in Indian Country.”
The case was investigated by the Federal Bureau of Investigation, Nez Perce Tribal Police, Idaho State Police, and the Lewis County Sheriff’s Office.
Pharmacist Pleads Guilty to Wire FraudRead the Press Release
COEUR D’ALENE – Steven R. Milot, 66, of Kellogg, Idaho, pleaded guilty today to wire fraud, U.S. Attorney Wendy J. Olson announced. Milot was charged in a one count information filed in United States District Court on July 24, 2012.
According to the plea agreement, Milot was employed as a pharmacist at Osburn Drug in Kellogg for many years. In 2012, the owner became suspicious that Milot was misappropriating controlled substances. After conducting an abbreviated audit, the owner found that the pharmacy was short several controlled substances; video surveillance recorded Milot misappropriating the drugs. Milot admitted to stealing large quantities of Oxycontin for his personal use. In order to cover up the theft and avoid detection, Milot ordered controlled substances via wire transmissions.
The charge of wire fraud is punishable by up to 20 years in prison, a maximum fine of $250,000, and up to three years of supervised release.
Sentencing is set is November 12, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Coeur d’Alene.
The case was investigated by the Tactical Diversion Group of the Drug Enforcement Administration and the Idaho State Police.
Kamiah Man Pleads Guilty to Assaulting Woman with A Dangerous WeaponRead the Press Release
COEUR D’ALENE – Andrew Tony Blackeagle, 32, of Kamiah, Idaho, pleaded guilty today in United States District Court to assault with a dangerous weapon, U.S. Attorney Wendy J. Olson announced. Blackeagle was indicted by a federal grand jury on February 20, 2013.
According to the plea agreement, Blackeagle admitted that on October 12, 2012, within the boundaries of the Nez Perce Indian Reservation, he intentionally assaulted a woman with a knife. During the incident, which was witnessed by others, Blackeagle hit and kicked the victim, and threatened to cut her. The victim sustained multiple injuries, including a laceration to her scalp.
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 is set for November 5, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Coeur d’Alene.
The case was investigated by the Federal Bureau of Investigation and Nez Perce Tribal Police, with the assistance of the Lewis County Sheriff’s Office.
Co-Conspirator Admits Role in Theft from Coeur D'Alene TribeRead the Press Release
COEUR D’ALENE – Billy E. Moffitt, 26, of Lewiston and Plummer, Idaho, pleaded guilty today in United States District Court to conspiracy to commit theft from a tribal organization, U.S. Attorney Wendy J. Olson announced. A federal grand jury in Coeur d’Alene returned a two count indictment on May 21, 2013, charging Moffitt and Angeline Morago George, 36, of Plummer and Portland, Oregon, with conspiracy to commit theft and theft from a tribal organization.
According to the plea agreement, Angeline George was employed by the Coeur d’Alene Tribal Housing Authority and was issued a credit card related to her duties. Between February 2 and February 23, 2013, Moffitt and George drove from the Coeur d’Alene reservation to Spokane, Washington, where George purchased $4,175.26 in money orders from local Money Tree stores. George or Moffitt would then cash the money orders and use the cash for their personal use and benefit. As part of his agreement with prosecutors, Moffitt agreed to pay restitution to the Coeur d’Alene Tribal Housing Authority.
The charge of conspiracy to commit theft from a tribal organization is punishable by up to five years in prison, a maximum fine of $250,000, and up to three years of supervised release.
Moffitt is set for sentencing on November 5, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Coeur d’Alene.
Co-defendant Angeline George is scheduled to plead guilty on August 30.
The case was investigated by Coeur d’Alene Tribal Police and the Federal Bureau of Investigation.
Seven Plead Guilty to Drug Charges in E. Idaho Trafficking OperationsRead the Press Release
POCATELLO – U.S. Attorney Wendy J. Olson announced today that seven defendants pleaded guilty to methamphetamine distribution charges this week in United States District Court in Pocatello. The defendants were charged in two separate indictments.
Juan Carlos Garcia, 35, of Idaho Falls, Idaho, pleaded guilty on Monday to conspiracy to distribute 50 grams or more of actual methamphetamine. Co-defendant Benito Vasquez Joya, 58, of Rigby Idaho, pleaded guilty to possession with intent to distribute 50 grams or more of actual methamphetamine.
Fausto Enrique Urias, 32, and Erica Rodriguez, 33, both of Idaho Falls, pleaded guilty on Tuesday to conspiracy to distribute 50 grams or more of actual methamphetamine. Misty Chapman, 29, of Idaho Falls, pleaded guilty to distribution of methamphetamine.
Garcia, Joya, Urias, Chapman and Rodriguez are scheduled to be sentenced on October 23, 2013, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
According to plea agreements filed in the case, between November 2009 and October 23, 2012, Urias and Garcia conspired to possess and distribute methamphetamine to other individuals in the Idaho Falls area. According to court documents, Urias and Garcia were previously convicted of felony possession of a controlled substance in Bonneville County, Idaho, on November 9, 2004, and June 7, 2005, respectively.
Co-conspirator Marco Antonio Echeverria, 25, of Idaho Falls, is scheduled to enter a guilty plea to related drug charges on August 29, 2013.
In a separate case, Josue Rodriguez-Sanchez, 25, and Julian Vega-Valdez, 25, both of Idaho Falls, pleaded guilty on Wednesday. Rodriguez-Sanchez pleaded guilty to conspiracy to possess with intent to distribute 50 grams or more of actual methamphetamine; Vega-Valdez pleaded guilty to distribution of five grams or more of actual methamphetamine. Sentencing is set for November 18, 2013, in Pocatello. Co-defendant Fernando Garcia, 31, of Logan, Utah, is scheduled to plead guilty on August 29, 2013.
The charges of conspiracy and possession with intent to distribute 50 grams or more of actual methamphetamine carries a minimum term of 10 years in prison, a fine of up to $10 million, and at least five years of supervised release. Where Urias and Garcia were previously convicted of felony drug offenses, however, they face a mandatory minimum terms of 20 years, fines of up to $20 million, and at least ten years of supervised release for conspiracy to distribute 50 grams of more of actual methamphetamine. Possession with intent to distribute five grams or more of actual methamphetamine carries a minimum term of five years in prison, a fine of up to $5 million, and at least four years of supervised release. Distribution of an undetermined amount of methamphetamine is punishable by up to 20 years in prison, a fine of up to $1 million, and at least three years of supervised release.
The charges are the result of an investigation by the Organized Crime Drug Enforcement Task Force (OCDETF), including 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, 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.
Two Idaho Men Sentenced to Prison for Asbestos ViolationsRead the Press Release
Waterline Renovation Project Led to $3,980,000 Cleanup
BOISE – Bradley Eberhart, 51, of Garden Valley, Idaho, and Douglas Greiner, 53, of Eagle, Idaho, were sentenced this week in federal court for violating the asbestos work practice standards of the Clean Air Act, announced Robert G. Dreher, Acting Assistant Attorney General for Environment and Natural Resources Division, and Wendy J. Olson, United States Attorney for the District of Idaho.
U.S. District Judge Edward J. Lodge sentenced Eberhart on Monday to six months in prison plus six months of home confinement, followed by six months of supervised release, 200 hours of community service, and restitution of $3.98 million, in joint and several liability. Greiner was also sentenced to six months in prison and six months of home confinement, to be followed by six months of supervised release. The amount of restitution by Greiner will be the subject of further briefing by the parties.
In imposing sentence on Eberhart, Judge Lodge told the defendants, “You don’t put the company ahead of what is right or ahead of people.”
Both defendants previously pleaded guilty on Feb. 26, 2013.
Boise-based Owyhee Construction Inc., was the successful bidder on a $2.1 million waterline renovation project in Orofino, Idaho, a rural community in north central Idaho. Greiner was the project superintendent and Eberhart was the onsite supervisor of the project. The contract documents warned Owyhee Construction that the company may encounter up to 5,000 linear feet of cement asbestos pipe (CAP) during the renovation. CAP is a non-friable form of asbestos that is encapsulated in a cement matrix. When the CAP is broken or crushed by heavy equipment or subjected to cutting and grinding by machinery it becomes subject to regulation because of the threat to public health from airborne fibers.
Eberhart and Greiner failed to properly supervise the renovation. Eberhart supervised employees who were not properly trained in asbestos work and were not properly outfitted with protective gear while cutting CAP with saws. While working in the trenches to replace pipe, workers would remove CAP from the trenches, crush it and then place it back in the trenches. Large quantities of CAP were also removed from the trenches and ended up as fill material on sixteen properties around Orofino. Greiner pleaded guilty to orchestrating one of the disposals. The EPA cleanup cost just under $4 million.
“These prison sentences reflect the serious consequences of the failure of these defendants to comply with EPA’s regulations that protect public health from asbestos, a human carcinogen,” said Robert G. Dreher, Acting Assistant Attorney General for the Environment and Natural Resources Division. “Such criminal acts endanger workers and the community and can, as demonstrated here, cost the federal government millions of dollars to cleanup. The Justice Department will continue to vigorously prosecute these crimes.”
“This case demonstrates the commitment of law enforcement and the Department of Justice to ensure the health of our residents,” said U.S. Attorney Olson. “Threats to the environment and to public health may not be readily apparent from a construction project. Renovation projects like these often generate dust with fine asbestos particles that may have the potential to cause serious health and environmental problems if safety precautions are not taken. The full extent of injury from airborne asbestos may not be noticed or diagnosed for years. It is important that companies, their foremen and their operators comply with environmental laws to avoid serious harm.”
“These two Defendants carelessly subjected Orofino residents to asbestos exposure,” said Tyler Amon, Special Agent in Charge of EPA’s Criminal Investigation Division in Seattle. “In the course of their enterprise, they also created sixteen separate asbestos disposal sites that threatened the community, jeopardized workers and cost taxpayers $4 million to cleanup. Today’s sentence sends a clear message: if you risk people’s lives to save time and money, you will pay the price.”
The case was investigated by the U.S. Environmental Protection Agency. The case was prosecuted by Assistant U.S. Attorney D. Marc Haws from the District of Idaho and Senior Trial Attorney J. Ronald Sutcliffe of the Justice Department’s Environmental Crimes Section of the Environment and Natural Resources Division.
Twin Falls Man Pleads Guilty to Federal Firearms ChargeRead the Press Release
BOISE – Brock Tyler Beutler, 23, of Twin Falls, Idaho, pleaded guilty today in United States District Court to a federal indictment charging him with one count of possession of a firearm with an obliterated serial number, U.S. Attorney Wendy J. Olson announced.
According to court documents, officers with the Twin Falls Police Department found a handgun with an obliterated serial number in Beutler’s waistband during a traffic stop on February 5, 2013. When asked about the obliterated serial number on the firearm, Beutler admitted to filing off the serial number so that it could not be traced. Beutler was also in possession of a small amount of methamphetamine.
The charge of possession of a firearm with an obliterated serial number is punishable by up to five years in prison, up to three years of supervised release, and a maximum fine of $250,000. Beutler agreed to forfeit the firearm he unlawfully possessed.
Sentencing is set for November 4, 2013, before U.S. District Judge Edward J. Lodge, at the federal courthouse in Boise.
The case was investigated by the Twin Falls Police 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.
Boise Man Pleads Guilty to Conspiracy to Launder Money in Treasure Valley “Spice” CaseRead the Press Release
Defendants Charged with Multiple Counts of Conspiring to Distribute “Spice,” Money Laundering, Smuggling
BOISE – William B. Mabry, 45, of Boise, Idaho, pleaded guilty yesterday in United States District Court to count four of the indictment charging him with conspiracy to launder money, U.S. Attorney Wendy J. Olson announced.
In court yesterday, Mabry admitted that beginning in March 2011, he knowingly entered into a conspiracy with other individuals to conduct financial transactions in connection with a “spice” manufacturing and distribution business. Mabry admitted that he knowingly participated and assisted in the financial activity of the business by engaging in bank and other financial transactions, through both domestic and foreign financial institutions. The transactions consisted of the proceeds of prior illegal spice sales and other specified unlawful activity and, in many cases, the transactions conducted through financial institutions separately consisted of criminally derived property of a value greater than $10,000; most of the transactions occurred in Idaho, Washington and California.
The charge of conspiracy to launder money is punishable by to 20 years in prison, a maximum fine of $500,000 or twice the value of the property involved in the transaction, whichever is greater, and up to three years of supervised release.
Sentencing is set for November 4, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.
Mabry and four co-defendants were indicted by a federal grand jury on May 14, 2013, on charges of conspiracy to distribute a controlled substance analogue; conspiracy to smuggle goods into the United States; conspiracy to sell and transport drug paraphernalia; and conspiracy to launder money. Mark A. Ciccarello, Robert A. Eoff, Troy L. Palmer and Holly F. Ciccarello are set for trial on October 22.
The indictment alleges that between March 1, 2011 and July 9, 2012, within the states of Idaho, Alaska, California, Washington, and Wisconsin, the defendants conspired to purchase and import from China chemicals known as AM2201, UR-144, and XLR11, which they used to treat innocuous plant matter to make “spice”—a synthetic cannabinoid similar to substances listed in Schedule I of the Controlled Substances Act. The indictment further alleges that one or more of the defendants conspired to sell and transport drug paraphernalia for sale, and that they conspired to launder money illegally obtained through their drug, importation and paraphernalia violations. The government is seeking forfeiture of proceeds derived from the alleged criminal activities.
The case is the result of a joint investigation of the Organized Crime and Drug Enforcement Task Force (OCDETF), which included the cooperative law enforcement efforts of the Drug Enforcement Administration (DEA), U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Internal Revenue Service-Criminal Investigation, Boise Police Department, Meridian Police Department, Ada County Sheriff’s Office, Canyon County Sheriff’s Office, and Nampa Police Department. Other federal agencies participating in the OCEDTF program include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), 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.
"Duffel Bag Bandit" Indicted in Idaho for Bank RobberyRead the Press Release
BOISE – U.S. Attorney Wendy J. Olson announced the indictment today of a Boise man currently living in Shreveport, Louisiana, for the March 2013 robbery of a Boise bank.
A one-count indictment filed today in United States District Court for the District of Idaho charges Gerald Edward Massey, 55, with robbing the US Bank located at 10556 Fairview Avenue of $64,500 on March 6, 2013. Massey was arrested by the FBI in Shreveport on Monday; he appeared yesterday in federal court there. An initial appearance in Idaho federal court has not been set.
Massey faces up to 20 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.
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.
Canyon County Man Sentenced for Federal Firearms ViolationsRead the Press Release
BOISE – Kyle Alan Batt, 28, of Caldwell, Idaho, was sentenced in federal court today to 180 months in prison for unlawful possession of a firearm and one count of possession of a firearm with an obliterated serial number, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge ordered Batt to serve three years of supervised release after his prison term, and also ordered Batt to forfeit the firearm and pay restitution for the injuries he caused to two Canyon County Sheriff deputies. Batt pleaded guilty to the charges on May 31, 2013.
According to information presented in court, Batt shot two Canyon County Sheriff’s deputies on October 24, 2012. Deputies found Batt hiding with a gun that morning, shortly after the deputies were shot. When he was discovered, Batt shot himself in the head. He was initially charged by complaint and taken into federal custody in November 2012. A federal grand jury returned an indictment on December 11, 2012.
According to the plea agreement, Batt admitted that on October 23, 2012, he knowingly possessed a Beretta .40 semiautomatic pistol with an obliterated serial number. At the time Batt possessed the pistol he had previously been convicted, on May 14, 2004, in Boise County, Idaho, of possession of a controlled substance, a felony crime punishable by a term of imprisonment exceeding one year and is therefore prohibited from possessing firearms.
“Mr. Batt’s criminal history prohibited him from possessing any kind of firearm,” said Olson. “This defendant’s disregard for the law enforcement officers’ lives were aggravating factors that warranted the serious federal prison term he imposed in this case. I commend the cooperation among the various law enforcement agencies and the partnership of the Canyon County Prosecuting Attorney’s Office in this case to ensure that appropriate charges recognizing the seriousness of the conduct were pursued in each jurisdiction.”
The case was investigated by the Nampa Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Batt was prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership and the State of Idaho to address gang crimes. The Treasure Valley Partnership is comprised of a group of elected officials in southwest Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth. For more information, visit treasurevalleypartners.org.
Boise Man Sentenced for Producing and Distributing Child PornographyRead the Press Release
Advertised 3-Year-Old Child for Prostitution on Craigslist
BOISE – U.S. Attorney Wendy J. Olson announced that Jason Lloyd Schaber, 40, of Boise, Idaho, was sentenced today in United States District Court to 30 years in prison on count one and 10 years on count two, to run concurrently, followed by lifetime supervised release. Schaber pleaded guilty in May 2013 to sexual exploitation of children by producing and distributing child pornography between 2010 and 2012. U.S. District Judge Edward J. Lodge also ordered Schaber to forfeit the personal property used in the offenses.
According to the plea agreement, the investigation of Schaber's activities began in April 2012 after Boise police were contacted by a person who saw a Craigslist advertisement offering a young child for sex. Investigators worked with Craigslist and Google and traced the ad back to Schaber in mid-May, according to reports. Boise police investigators obtained a warrant to search Schaber's home, which they executed on May 31, 2012. Schaber has been in custody since his arrest.
The plea agreement states that Schaber produced 26 sexually explicit images and videos of female minor(s) who were less than six years of age, and distributed child pornography that he had produced himself, or that he had obtained from the Internet, via email to at least 16 other individuals. The images and videos depicted actual and simulated intercourse, oral sex and the lascivious exhibition of the genitals and pubic area of the minors, according to the plea agreement.
“Mr. Schaber well deserves the lengthy sentence the Court imposed,” said Olson. “His horrific conduct victimized an innocent child. This office, along with its federal and state law enforcement and prosecuting partners, will continue to act cooperatively and aggressively to bring child sexual predators to justice. I applaud the quick and efficient work of the ICAC investigators in this case. We hope for the ongoing recovery of the victims in this case.”
Members of the Idaho Internet Crimes Against Children Task Force investigated the case, including investigators from the Boise Police Department, the Ada County Sheriff's Department, and the Federal Bureau of Investigation, with technical assistance provided by the U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) and the High Technology Investigative Unit at the U.S. Department of Justice, Child Exploitation and Obscenity Section in Washington, D.C., with cooperation from the Ada County Prosecuting Attorney's Office.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, visit www.usdoj.gov/psc. For more information about internet safety education, visit www.usdoj.gov/psc and click on the tab “resources.” For more information about registered sex offenders in Idaho, visit www.isp.idaho.gov/sor_id.
Two More Romanian Nationals Plead Guilty to Immigration FraudRead the Press Release
BOISE – Victor Raul Fenesan, 31, and Claudia Luminita Beian, 33, both of Boise, Idaho, pleaded guilty today in United States District Court to federal immigration fraud charges based on their fraudulent marriages to United States citizens, U.S. Attorney Wendy J. Olson announced. The Romanian nationals were charged in two separate federal indictments. Fenesan pleaded guilty to one count of obtaining a United States Visa by fraud; Beian pleaded guilty to Unlawful Procurement of Citizenship.
According to plea agreements filed in the cases, Fenesan and Beian each admitted that, in 2004, they both married U.S. citizens for the sole purpose of obtaining immigration benefits. Neither Fenesan nor Beian resided with their spouses as husband and wife, but rather continued to reside with each other. In April 2005, United States Citizenship and Immigration Services (USCIS) granted both Fenesan and Beian lawful permanent resident Visas, which they would not have received had they disclosed the fraudulent nature of their marriages. In February 2010, Beian obtained naturalization as a United States citizen as a result of her fraudulent marriage. As part of her plea agreement, Beian stipulated to an order revoking her citizenship. Fenesan did not attempt to obtain U.S. citizenship.
The defendants each face up to ten years in prison, a maximum fine of $250,000, and up to three years of supervised release, in addition to administrative removal proceedings.
Fenesan and Beian are scheduled to be sentenced on October 21, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.
The cases were investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).
Legalized Permanent Resident Sentenced for Meth DistributionRead the Press Release
BOISE – Jesus Jimenez-Valenzuela, 42, of Caldwell, Idaho, was sentenced today in United States District Court to 48 months in prison for distributing at least 50 grams of actual methamphetamine, U.S. Attorney Wendy J. Olson announced. He pleaded guilty to the charge on May 23, 2013.
According to the plea agreement, Jimenez-Valenzuela admitted that on two occasions in September 2012, he possessed and sold a mixture and substance containing actual methamphetamine to an undercover police officer for an initial payoff of a prior $4,200 debt and a later payment of $4,050. The transactions were recorded and monitored by law enforcement. Jimenez-Valenzuela agreed the substance he possessed with intent to distribute was between 50 and 150 grams of actual methamphetamine.
The case was investigated by the Drug Enforcement Administration and Canyon County Sheriff’s Office.
Boise Man Sentenced to 46 Months for Unlawfully Possessing and Transferring A FirearmRead the Press Release
BOISE – Ronald Keith Alexander, 38, of Boise, Idaho, was sentenced today in United States District Court to 46 months in prison followed by three years of supervised release for unlawfully possessing a firearm and transferring a firearm in violation of the National Firearm Registration and Transfer Record, U.S. Attorney Wendy J. Olson announced. Alexander pleaded guilty to the two counts on May 2, 2013.
According to court documents, in December 2012, Alexander offered to sell a rifle to a Nampa Police detective working undercover. After discussing the terms, Alexander told the officer that an automatic rifle would cost $3,200. Arrangements were made for the officer to purchase the firearm during a controlled operation. On December 18, 2012, the undercover officer met with Alexander and his co-defendant, Phillip Bernardino Chavez. Chavez presented the undercover officer with a Pioneer Arms Corporation 7.62x25 rifle and a bag containing three magazines, in exchange for $3,200. At the conclusion of the transaction, law enforcement agents arrested Alexander and Chavez. Alexander is prohibited from possessing firearms due to a prior conviction for robbery in Walla Walla County, Washington, a felony punishable by a term of imprisonment exceeding one year. Alexander admitted that on December 4, 2012, he knowingly possessed a Federal Arms Corporation .308 rifle and a Century Arms 7.62x39 millimeter rifle. He also admitted to unlawfully transferring a Pioneer Arms Corporation 7.62x25 rifle – a machinegun with a shortened barrel – knowing the firearm was not registered to him in the National Firearm Registration and Transfer Record.
Phillip Chavez, 29, of Las Vegas, Nevada, pleaded guilty on July 11, 2013, to illegal possession of a machine gun. He is set for sentencing on September 23, 2013, before U.S. District Judge Edward J. Lodge.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Nampa Police Department, and the Boise Police Department.
The defendants are being prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership and the State of Idaho to address gang crimes. The Treasure Valley Partnership is comprised of a group of elected officials in southwest Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth. For more information, visit treasurevalleypartners.org.