District of Idaho
Press releases recorded for this federal judicial district.
Romanian National Sentenced for Immigration FraudRead the Press Release
BOISE – Lucian Ioan Belean, 30, a Romanian national, was sentenced today in United States District Court to two years of probation for making fraudulent statements in an application for immigration registration, a misdemeanor, U.S. Attorney Wendy J. Olson announced. U.S. Magistrate Judge Ronald E. Bush also ordered Belean to pay a $1,000 fine and to voluntarily depart from the United States within 60 days. The defendant previously spent two months incarcerated pending his transfer to the District of Idaho.
According to the plea agreement, on November 2, 2007, Belean entered into a fraudulent marriage with a United States citizen for the sole purpose of obtaining immigration benefits. On December 23, 2007, he filed an application with U.S. Citizenship and Immigration Services (USCIS) seeking lawful permanent resident (LPR) status based on the fraudulent marriage. USCIS approved the application on March 14, 2008. According to the plea agreement, Belean would not have been granted LPR status had USCIS known of the fraudulent nature of the marriage.
The case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).
Mexican National Pleads Guilty to Making False Statement to Obtain A U.S. PassportRead the Press Release
BOISE – Lorena Torres-Flores, 39, a Mexican national formerly living in Jerome, Idaho, pleaded guilty today in United States District Court to one count of making a false statement in an application for a passport, U.S. Attorney Wendy J. Olson announced.
According to the plea agreement, on September 13, 2010, Torres-Flores filed an application for a United States passport in Jerome. The passport application falsely identified Torres-Flores as another individual, and included that individual’s date of birth, social security number and parental information. At the time that Torres-Flores filed the passport application, she intended to obtain a United States passport in the name of the individual, a lawful United States citizen.
On August 29, 2012, a special agent with the U.S. Department of State Diplomatic Security Service interviewed Torres-Flores at her Jerome residence. Torres-Flores subsequently admitted that she filed the passport application using the identity of another individual, her true name was Lorena Clara Torres-Flores, and she was born in Mexico. She further admitted that she attempted to obtain a passport to travel to Mexico and return to the United States.
Torres-Flores faces up to ten years in prison, a maximum fine of $250,000, and up to three years of supervised release.
Sentencing is set for October 15, 2013, before U.S. District Judge Robert J. Bryan at the James A. McClure United States Courthouse and Federal Building, in Boise.
The case was investigated by the U.S. Department of State Diplomatic Security Service.
Fruitland Man Sentenced to 35 Years in Prison for Conspiracy, Arson and Theft of FirearmsRead the Press Release
VonBargen Convicted of Destroying Government Vehicles and a Building in Payette, Idaho
BOISE – U.S. Attorney Wendy J. Olson announced today that David Joseph VonBargen, 50, of Fruitland, Idaho, was sentenced today in United States District Court to 420 months in prison followed by three years of supervised release. VonBargen was convicted by a federal jury in April 2013 of carrying and using firearms – Molotov cocktails – during and in relation to a federal crime of violence, conspiracy to maliciously use explosive materials, conspiracy to maliciously damage federal property, and theft of firearms. Chief U.S. District Judge B. Lynn Winmill also ordered VonBargen to pay $162,124.87 in restitution to Western Core Door, Inc. and the U.S. Department of Agriculture.
During the five-day trial, the jury heard evidence that on May 27, 2011, VonBargen and his co-defendant, Donovan James Bolen, schemed to set fires in Payette to divert law enforcement while they broke into the World’s Largest Pawn Shop, in Fruitland, and stole firearms. The jury found VonBargen guilty of using Molotov cocktails to set fire to two U.S. Department of Agriculture vehicles and a lumber warehouse belonging to Western Core Door, Inc., in Payette. The jury also found VonBargen guilty of burglarizing and stealing 12 firearms, including rifles, revolvers, and pistols, from the World’s Largest Pawnshop.
Donovan Bolen, 23, also of Fruitland, was sentenced on February 5, 2013, to 444 months – 37 years – in federal prison and ordered to pay $162,124.87 in restitution to Western Core Door, Inc. and the U.S. Department of Agriculture. On October 16, 2012, Bolen was convicted by a federal jury of carrying and using firearms during and in relation to a federal crime of violence, conspiracy to maliciously use explosive materials, conspiracy to maliciously damage federal property, and theft of firearms.
“Mr. VonBargen’s use of Molotov cocktails to divert the attention of law enforcement was unconscionable, endangered the lives of first responders, and destroyed the property of innocent victims,” said Olson. “I commend the swift law enforcement response that brought both of the defendants in this case to justice. Mr. VonBargen now, like his co-defendant, faces a well-deserved lengthy prison sentence.”
The case was investigated by the Fruitland Police Department, the Payette Police Department, the Payette County Sheriff's Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Idaho State Fire Marshal.
Eagle Man Sentenced to over 17 Years in Prison for Theft from Retirement PlansRead the Press Release
Hutcheson Must Pay Fraud Victims More Than $5.3 Million in Restitution
BOISE – A federal judge this afternoon sentenced Matthew D. Hutcheson, 41, of Eagle, Idaho, to 210 months in prison, U.S. Attorney Wendy J. Olson announced. On April 15, 2013, a jury convicted Hutcheson of 17 counts of wire fraud. U.S. District Judge William Fremming Nielsen also ordered Hutcheson to serve three years of supervised release and pay $5,307,688 in restitution to the victims.
Hutcheson is a former trustee and fiduciary for the G Fiduciary Retirement Income Security Plan (the “G Fid Plan”) and the Retirement Security Plan & Trust (the “RSPT”). During the eight day trial, the government presented evidence that beginning in 2010, Hutcheson perpetrated schemes to defraud the G Fid and RSPT plans, and misappropriated over $5 million of plan assets.
The jury heard evidence that from January 2010 through December 2010, Hutcheson misappropriated just over $2 million of G Fid Plan assets for his personal use. On 12 occasions, Hutcheson directed the G Fid Plan record-keeper to wire transfer plan assets from the G Fid Plan account at Charles Schwab to bank accounts he controlled and to other bank accounts for his personal benefit. Hutcheson used these assets to extensively renovate his personal residence, including installing a pool, to repay personal loans, to purchase luxury automobiles, motorcycles, all-terrain vehicles, and a tractor, and for other personal expenses. When G Fid Plan clients, plan record-keepers, and others requested information about the location and status of the plan assets, Hutcheson misrepresented that they were safely invested.
The jury also heard evidence that in December 2010, Hutcheson misappropriated approximately $3,276,000 of RSPT Plan assets to pursue the purchase of the Tamarack Resort in Donnelly, Idaho, on behalf of a limited liability corporation he controlled, called Green Valley Holdings, LLC. In December 2010, Hutcheson directed the RSPT Plan record-keeper to wire transfer approximately $3 million from the RSPT Plan to an escrow account for the benefit of Green Valley Holdings, LLC. Hutcheson directed the RSPT Plan record-keeper to describe the transaction in plan records as an investment in a fixed income bank note. In reality, Hutcheson used the $3 million to purchase a bank note secured by a majority interest in the Osprey Meadows Golf Course and Lodge at the Tamarack Resort in the name of Green Valley Holdings, not the RSPT Plan. Hutcheson later obtained a $425,000 cash loan from a private lender in Virginia using the same bank note as collateral, and placing the lender above other creditors in case of default. When the RSPT Plan auditor questioned Hutcheson about the investment, Hutcheson told the auditor there was no plan investment in a fixed income bank note, and that he had “loaned” the money from the RSPT Plan to Green Valley Holdings. Hutcheson produced purported loan documents to the auditor, but they were fraudulent and forged. In addition, in December of 2010, Hutcheson directed the RSPT Plan record-keeper to wire transfer $275,000 from the RSPT Plan to a bank account he controlled. Hutcheson transferred $250,000 of this money to an escrow account at US Bank to demonstrate to the Tamarack Corporation's creditors that Green Valley Holding had the financial means to purchase the resort. Later, Hutcheson spent the money for personal purposes.
After approximately three hours of deliberation, the jury found Hutcheson guilty on all counts.
In announcing today’s sentence, Judge Nielsen made specific findings that Hutcheson defrauded more than 250 individual victims, used sophisticated means to commit his offenses, abused a position of private trust as a fiduciary and trustee for the plans, and willfully obstructed justice by committing perjury at trial and offering a fraudulent document into evidence.
“Mr. Hutcheson’s criminal conduct had many aggravating factors that required the firm sentenced imposed by the Court today,” said Olson. “Mr. Hutcheson placed his own personal interests and greed above the clients’ whose retirement interests he pledged to safeguard. This office will continue to take pension fraud very seriously and hold accountable those who seek personal gain from others’ hard work through fraud and deceit. I commend the federal law enforcement officers who conducted the thorough investigation and Assistant United States Attorney Ray Patricco for his outstanding prosecution of this case.”
“The defendant’s despicable conduct jeopardized the financial security of workers covered by these pension plans,” said Assistant Secretary of Labor for Employee Benefits Security Phyllis C. Borzi. “He funded a life of luxury at the expense of hundreds of people who were just trying to save for retirement. This case is indicative of our close and continued partnership with fellow federal agencies to vigorously pursue those who abuse their positions of trust and commit crimes against employee benefit plan participants.”
“Matthew Hutcheson willfully defrauded more than 250 individual investors and abused his position as trustee of their retirement plans to divert $5.3 million for his personal use,” said FBI Salt Lake City Special Agent in Charge Mary Rook. “The FBI and its law enforcement partners are committed to investigating and prosecuting those who fund a luxurious lifestyle at the expense of hard-working, trusting investors. Some victims in these types of cases have their life savings tied up in fraudulent investments and never fully recover. We encourage the public to remain vigilant—check your investments; ask your investment manager hard questions; and report suspected fraud to the FBI.”
The case was investigated by the United States Department of Labor, Employee Benefits Security Administration, 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.
Former School Counselor Pleads Guilty to Sexually Exploiting Children by Producing Sexually Explicit ImagesRead the Press Release
Defendant Admits He Exchanged Child Pornography with a Private Internet Group for More Than Ten Years
BOISE – Mark Alan Saltzer, 45, of Boise, Idaho, pleaded guilty today in United States District Court to sexual exploitation of children by producing sexually explicit images of minors, U.S. Attorney Wendy J. Olson announced. Saltzer was arrested on August 17, 2012, at his home after federal investigators served a search warrant. Two minor boys were at the residence at the time of Saltzer’s arrest. As a part of his plea agreement, Saltzer admitted repeatedly sexually molesting one of the youths at his home, starting in the summer of 2012. Saltzer has been in custody since August 17.
The investigation began in October 2010, when the United States Postal Inspection Service, in conjunction with Toronto Police Services in Canada, initiated an investigation into a private Internet group established by members to communicate with one another about their shared sexual interest in young boys, and to exchange child pornography. Members of the group regularly traded child pornography files with other group members.
The group existed under various names for approximately 15 years. According to court documents, Saltzer had been a member of the group for more than a decade. Participants in the group resided in Idaho, New York, Virginia, Florida, Texas, Indiana, California, Pennsylvania, Canada, Lebanon, and Mexico, among other places.
According to the plea agreement, Saltzer admitted meeting boys between the ages of 10 and 17 in Internet chat rooms and engaging them in webcam sessions during which he encouraged them to masturbate. He used Skype and recorded webcam footage of the teenage boys performing sexual acts. Saltzer admitted using special software that allowed him to import a video of a child about 14 years old masturbating, and show that video to the boy with whom he was chatting, so it appeared that he was chatting with another teenager, instead of an adult.
According to the plea agreement, Saltzer admitted that between 2006 and 2012, he produced sexually explicit videos of numerous boys between the ages of 11 and 17.
The charge of sexual exploitation of children by producing sexually explicit images of minors is punishable by from 15 to 30 years in prison, a maximum fine of $250,000, and a minimum term of five years up to lifetime supervised release. The government is seeking forfeiture of the computer equipment used in the offense. There is no possibility of parole in federal cases.
Sentencing is set is set for October 15, 2013, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise.
“Those who victimize children by producing and distributing images of children being sexually abused will be identified, investigated and prosecuted,” said Olson. “Today’s guilty plea sends the strong message that local, state, federal and international law enforcement agencies will work together in an efficient and coordinated manner to bring these predators to justice.”
The case was investigated by United States Postal Inspection Service inspectors from Boise, Seattle and Washington, D.C., and the Indiana State Police. Officers from the Boise Police Department, Meridian Police Department and Idaho State Police assisted locally. The Ada County Prosecuting Attorney originally brought charges against Saltzer, which will be dismissed because of today’s guilty plea.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Two Plead Guilty to Making False Statements in HUD Mortgage Fraud CaseRead the Press Release
Both Defendants to Pay Restitution of Nearly $43,000
POCATELLO – Darin John Henecke, 37, of Pocatello, Idaho, and Karen DeWall Shaw, 59, of Chubbuck, Idaho, pleaded guilty today in United States District Court to making false statements to the Department of Housing and Urban Development (HUD), a misdemeanor, U.S. Attorney Wendy J. Olson announced. The charge is punishable by up to one year in prison or five years’ probation, a maximum fine of $100,000, and up to one year of supervised release.
According to plea agreements filed in the case, on March 13, 2009, Henecke obtained a residential loan to finance the purchase of a residence in Eagle, Idaho. The loan application submitted in support of the loan falsely represented that his co-borrower had employment income of $2,400 per month, when in fact she had no income. The lender relied upon this information in funding the loan, which was guaranteed by HUD. Shortly after the loan was funded, it went into default and foreclosure, causing HUD to sustain a loss. When interviewed by investigators, Henecke admitted that he knew false employment information was submitted to obtain the loan. He agreed to pay restitution of $42,905.
Shaw admitted during an interview with investigators in April 2011, that she assisted in the fraud by providing false employment information in order for the borrowers to qualify for the loan. According to the plea agreement, false documents included payroll checks, check stubs, a general employment contract, and employee confidentiality agreement. Shaw also agreed to pay $42,905 in restitution.
Henecke and Shaw are scheduled to be sentenced on September 25, 2013, before U.S. Magistrate Judge Ronald E. Bush at the federal courthouse in Pocatello.
The case was investigated by the U.S. Department of Housing and Urban Development Office of Inspector General (HUD-OIG).
Today's announcement is part of efforts underway by President Obama's Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys' offices and state and local partners, it's the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.
Two Men Sentenced to Federal Prison for Meth ConspiracyRead the Press Release
BOISE – Co-defendants Michael Duschka, 37, and Shannon Stewart, 42, both of Boise, were sentenced today in federal court by Chief U.S. District Judge B. Lynn Winmill. Duschka was sentenced to 68 months in prison followed by three years of supervised release for conspiring to distribute methamphetamine. He pleaded guilty to the charge on March 7, 2013. Stewart was sentenced to 32 months in prison followed by three years of supervised release for distribution of methamphetamine. He pleaded guilty on February 27, 2013.
According to information presented in court, Duschka and Stewart conspired and agreed to sell methamphetamine to a confidential informant. On March 1, 2012, Duschka and Stewart met with the confidential informant to distribute methamphetamine and sold the individual approximately four grams of methamphetamine. Duschka is already serving a state sentence for distributing methamphetamine.
The case was investigated by the Treasure Valley Metro Violent Crimes Task Force, which is comprised of federal, state and local agencies, including the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, Boise Police Department, Ada County Sheriff’s Office, Caldwell Police Department, Nampa Police Department, Meridian Police Department, Canyon County Sheriff’s Office, and 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.
Idaho Falls Man Charged with Possessing Child PornographyRead the Press Release
POCATELLO – Daniel Joseph Dalton, 37, of Idaho Falls, Idaho, was indicted today by a federal grand jury in Pocatello for possession of sexually explicit images of minors, U.S. Attorney Wendy J. Olson announced. An initial appearance has not been set.
The indictment alleges that on or about March 14, 2011, Dalton unlawfully and knowingly possessed visual depictions of minors engaging in sexually explicit conduct, on a desktop computer and two hard drives. The government is seeking forfeiture of the computer equipment used in the offense.
The charge of possessing sexually explicit images of minors is punishable by up to ten years in prison, a maximum fine of $250,000, and at least five years of supervised release.
The case is being investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).
An indictment is a means of charging a person with criminal activity. It is not evidence. The person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Post Falls Man Pleads Guilty to Producing Images of Sexually Explicit Conduct Involving A Three-year-old ChildRead the Press Release
COEUR D’ALENE – Dylan Joral Ritter, 29, of Post Falls, Idaho, pleaded guilty today in United States District Court in Coeur d’Alene to production of child pornography, U.S. Attorney Wendy J. Olson announced. A federal charge was brought against Ritter on May 20, 2013.
According to his plea agreement, Ritter came to the attention of law enforcement in May 2012, when an agent with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigation (HSI) discovered that Ritter had been making child pornography available on the Internet. In July 2012, a federal search warrant was executed at Ritter’s Post Falls residence. Ritter admitted that he had been downloading child pornography over the Internet. He also admitted that he had been sexually abusing a three-year-old relative and had taken photos of this sexual contact with his cell phone. An ICE forensic examiner located the images on Ritter’s cell phone. A Post Falls Police detective used the images to accurately identify the child.
The charge of sexual exploitation of a child by producing sexually explicit images is punishable by 15 to 30 years in prison, a maximum fine of $250,000, and a minimum term of five years up to lifetime supervised release. The government is seeking forfeiture of the computer equipment and cell phone used in the offense.
Sentencing is set for October 16, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Coeur d’Alene.
The case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Post Falls Police Department, and the Federal Bureau of Investigation. The agencies are North 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.”
Mtn. Home Man Sentenced for Child Pornography OffenseRead the Press Release
Son Convicted and Sentenced Last Year for Possessing Sexually Explicit Images of Minors
BOISE – U.S. Attorney Wendy J. Olson announced today that Michael John Ebenhoeh, 53, of Mountain Home, was sentenced to 48 months in prison followed by five years of supervised release for possession and access with intent to view sexually explicit images of minors. Ebenhoeh appeared this morning before the Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise. He pleaded guilty to the charge on April 18, 2013.
According to court documents, members of the Idaho Internet Crimes Against Children Task Force determined that between November 10, 2010, and July 18, 2011, multiple digital files known to contain child pornography involving very young children were being downloaded and offered for sharing from a residence in Mountain Home, Idaho. On September 28, 2011, a search warrant was executed at the residence and several computers were seized. At the time of the search, Ebenhoeh’s son, Joseph, 27, was arrested. Joseph subsequently pleaded guilty to possessing sexually explicit images of minors. He was sentenced in July 2012 to 210 months in prison followed by 25 years of supervised release.
On the day of the search, an investigator approached Michael Ebenhoeh and told him that a child pornography file had been found on his computer. At that time, Michael denied knowing how the child pornography files were on his computer.
Further investigation determined that there were separate Internet accounts in the home associated with Michael and his son, and that the computer that belonged to Michael had not been used by his son. According to the plea agreement, investigators again interviewed Michael, who then admitted he had lied to the police previously. He further admitted that four or five times a week for the previous year he had used the computer to search online for pornography depicting children. Investigators found sexually explicit images of children between the ages of two and 14 years of age on Michael's computer. Several of the children depicted were identified as sexual abuse victims from Missouri, Nevada, Maryland and Washington State.
The case was investigated by Boise Police Department detectives who are members of the Idaho Internet Crimes Against Children Task Force (ICAC), with assistance from U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Mountain Home Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, 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/.
Investigation Leads to Indictment of Eleven People on Federal Gun and Drug ChargesRead the Press Release
Six People Arrested Today With the Help of FBI SWAT
BOISE – U.S. Attorney Wendy J. Olson announced the arrests earlier today of Jeramie Ethan Mahler, 26, of Star, Idaho; Michelle Christina Ritch, 35, Nearia “Nick” William Pinnell, 42, Wendy Demirdjian Harrison, 52, and Daniel Eric Vaughan, 51, all of Nampa, Idaho; and Scott Vicente Hernandez, 42, of Oakland, California, on federal charges of conspiring to distribute methamphetamine. The Treasure Valley Metro Violent Crimes Task Force, assisted by FBI SWAT, executed the federal arrest warrants today at four Treasure Valley locations.
On July 9, 2013, a federal grand jury in Boise returned a superseding indictment charging eleven defendants, including the six named above, with conspiracy to distribute over 500 grams of methamphetamine; two defendants also face charges for illegally possessing firearms. Hernan Gomez-Gutierrez, 30, a Mexican national, and Carlos Eberardo Tovar, 28, of Nampa, charged in the original indictment filed on May 16, 2013, were arrested previously. Both are set for trial on September 10 before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise. Two defendants, Darrell Ray Zirschry, 32, of Nampa, and Bobbi Eileen Woolsey, 35, of Boise, are currently in custody on state charges. The final defendant, Juan Luis Mojica-Barragan, 24, a Mexican national, has an outstanding warrant for his arrest.
The charge of conspiracy to distribute over 500 grams of methamphetamine is punishable by a minimum term of ten years up to life in prison and a maximum fine of $10 million. Two defendants, Gomez-Gutierrez and Mojica-Barragan, were also indicted for distributing methamphetamine and cocaine, which is punishable by up to twenty years in prison and a maximum fine of $1 million. Zirschry is charged with unlawfully possessing a firearm, which is punishable by up to ten years in prison and a maximum fine of $250,000. Mahler is charged with brandishing and discharging a firearm in furtherance of a drug trafficking crime, which is punishable by a minimum term of ten years up to life in prison and a maximum fine of $250,000.
The indictment is the result of an investigation by the Treasure Valley Metro Violent Crimes Task Force and the Drug Enforcement Administration. The Treasure Valley Metro Violent Crimes Task Force is comprised of federal, state and local agencies, including the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, Boise Police Department, Ada County Sheriff’s Office, Caldwell Police Department, Nampa Police Department, Meridian Police Department, Canyon County Sheriff’s Office, and Idaho Department of Probation and Parole.
The case is being prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership and the State of Idaho to address gang crimes. The Treasure Valley Partnership is comprised of a group of elected officials in southwest Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth. For more information, visit treasurevalleypartners.org.
An indictment is a means of charging a person with criminal activity. It is not evidence. A person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Former Hazelton Man Pleads Guilty to Sexually Exploiting Two ChildrenRead the Press Release
BOISE – Michael Brian Clair, 33, formerly of Hazelton, Idaho and Parker, Arizona, pleaded guilty today in United States District Court in Boise to sexual exploitation of children by production of sexually explicit images of minors, U.S. Attorney Wendy J. Olson announced. U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) agents arrested Clair at a home near Hazelton on February 22, 2013. He had been residing there for approximately two months.
According to his plea agreement, Clair came to the attention of law enforcement on October 28, 2012, when he responded to an advertisement posted on the Internet by an HSI Agent in New Orleans. While conversing via email with the agent, Clair made several statements about having inappropriate sexual contact with a 4-year-old female and discussed trading sexually explicit images. During today’s plea hearing, Clair admitted that between July 2012 and January 2013, he coerced two prepubescent minors to engage in sexually explicit conduct, for the purpose of producing visual depictions of that conduct, and transported those images from Arizona to Idaho in late December. Clair also admitted distributing child pornography to others via the Internet, including to a sex offender in Queensland, Australia.
The charge of sexual exploitation of children by producing sexually explicit images of minors is punishable by from 15 to 30 years in prison, a maximum fine of $250,000, and a minimum term of five years up to lifetime supervised release. The government is seeking forfeiture of the computer equipment used in the offense.
Sentencing is set is set for October 7, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.
“Those who victimize children by producing and distributing images of children being sexually abused will be identified, investigated and prosecuted,” said Olson. “Today’s guilty plea sends the strong message that local, state and federal agencies will work together in an efficient and coordinated manner to bring these predators to justice.”
“It wasn’t enough for Clair to abuse two children, he shared his exploitation with predators around the world,” said Brad Bench, special agent in charge of HSI Seattle, who oversees Idaho investigations. “HSI places a high priority on combating this despicable crime, not only to identify and rescue child victims, but to stop their re-victimization by individuals who view and distribute Internet child pornography.”
U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigation (HSI) agents from Idaho, Louisiana, Washington, and Arizona investigated the case, with assistance from the Boise Police Department, Idaho State Police, Jerome County Sheriff’s Office and the Idaho Department of Health and Welfare.
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.”
Boise Man Sentenced in Aryan Knights Meth InvestigationRead the Press Release
BOISE – Jose Silva, 31, of Boise, Idaho, was sentenced today to 52 months in prison followed by three years of supervised release for distribution of methamphetamine, U.S. Attorney Wendy J. Olson announced. Silva appeared today before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise. He pleaded guilty to the charge on March 6, 2013.
According to the plea agreement, Silva admitted that on January 10, 2012, he sold one-quarter ounce of methamphetamine to a confidential informant for $450. Forensic analysis of the methamphetamine by the Drug Enforcement Administration (DEA) laboratory determined the substance contained more than four grams of actual methamphetamine.
Silva is one of 23 people charged as a result of a long-term investigation by the Treasure Valley Metro Violent Crimes Task Force. The investigation began when the task force focused on illegal drug distribution by the “Aryan Knights,” a gang active in prison and on the streets throughout Idaho. 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 23 defendants have all pleaded guilty, 19 have been sentenced, and four are awaiting sentencing.
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 Corrections. 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.
Silva 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.
Second Defendant Pleads Guilty; Admits Illegally PossessingMachine GunRead the Press Release
BOISE – Phillip Bernardino Chavez, 29, of Las Vegas, Nevada, pleaded guilty yesterday in United States District Court to count two of a superseding indictment charging him with illegal possession of a machine gun, U.S. Attorney Wendy J. Olson announced.
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 admitted in court yesterday that he knew the firearm was a fully automatic machine gun.
Forensic examination of the firearm by ATF’s technology branch confirmed the firearm is a machine gun, as it automatically shoots more than one shot, without manual reloading, by a single function of the trigger.
The charge of illegally possessing a machine gun is punishable by up to ten years in prison, a maximum fine of $250,000, and up to three years of supervised release.
Chavez is scheduled to be sentenced on September 23, 2013, by U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.
Co-defendant Ronald Keith Alexander, 38, of Boise, pleaded guilty in May 2013 to one count of unlawfully possessing a firearm and one count of transferring a firearm in violation of the National Firearm Registration and Transfer Record. Alexander is prohibited from possessing firearms due to a 2001 felony conviction for robbery, in Walla Walla County, Washington. He is scheduled to be sentenced in federal court on July 15, 2013.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Nampa Police Department, and 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.
Blackfoot Man Sentenced for Distributing MethRead the Press Release
POCATELLO – Ernesto Guerrero, 35, of Blackfoot, Idaho, was sentenced today in United States District Court to 60 months in prison for distribution of five grams or more of actual methamphetamine, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Guerrero to serve three years of supervised release. He pleaded guilty to the charge on March 18, 2013.
According to the plea agreement, on August 23, 2011, Guerrero arranged for and sold more than five grams of actual methamphetamine to another individual in exchange for $1,400. The distribution took place near Bannock and Truchot Roads in Fort Hall, Idaho. Guerrero admitted to knowing the substance he distributed was methamphetamine.
The case was investigated by Idaho State Police and the Fort Hall Police Department.
Nampa Man Sentenced for Possessing Sawed-off ShotgunRead the Press Release
BOISE – Safet Miljkovic, 34, of Nampa, Idaho, was sentenced today in United States District Court to 37 months in prison followed by three years of supervised release for possessing an unregistered firearm, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Miljkovic to forfeit the firearm.
On April 11, 2013, Miljkovic pleaded guilty to count one of the indictment filed on December 11, 2012. At the hearing, Miljkovic admitted that on July 25, 2012, he knowingly possessed a 12-gauge slide-action shotgun with a barrel measuring less than 18 inches in length. Miljkovic’s possession of the firearm was unlawful because it was a sawed-off shotgun and was not registered to him in the National Firearms Registration and Transfer Record.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership and the State of Idaho to address gang crimes. The Treasure Valley Partnership is comprised of a group of elected officials in southwest Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth. For more information, visit treasurevalleypartners.org.
Mexican National Sentenced for Drug Crime in Connection with Aryan Knights InvestigationRead the Press Release
BOISE – U.S. Attorney Wendy J. Olson announced today that Rigoberto Carrasco, 37, a Mexican national, was sentenced by U.S. District Judge Edward J. Lodge to 110 months in prison followed by five years of supervised release for conspiring to distribute methamphetamine.
Carrasco pleaded guilty to the charge on April 10, 2013. In court, Carrasco admitted that he became involved in the ongoing distribution of methamphetamine and that he agreed to assist with that distribution. Carrasco admitted that he and others were bringing methamphetamine into Idaho from outside the state. Carrasco sold the methamphetamine to other co-defendants who then distributed the methamphetamine in Idaho. Five other defendants charged in the conspiracy have already been sentenced, including Jesse Delgado, to 168 months; Lisa Samayoa, to 135 months; Nina Lucas, to 130 months; Darin Melton, to 87 months; and Omar Riveroll-Hernandez, to 60 months in federal prison.
Carrasco’s case is part of the Aryan Knights investigation in which 23 individuals were charged as a result of a long-term investigation by the Treasure Valley Metro Violent Crime Task Force. The investigation began when the task force focused on illegal drug distribution by the “Aryan Knights,” a gang active both in prison and on the streets throughout Idaho. 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.
All 23 defendants have pleaded guilty, 18 have been sentenced, and five are awaiting sentencing.
The Treasure Valley Metro Violent Crimes Task Force is comprised of federal, state and local agencies, including the Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; Boise Police Department; Ada County Sheriff’s Office; Caldwell Police Department; Nampa Police Department; Meridian Police Department; Canyon County Sheriff’s Office; and Idaho Department of Probation and Parole. The joint investigation also included the Organized Crime and Drug Enforcement Task Force (OCDETF), a cooperative law enforcement effort of the Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, U. S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Internal Revenue Service-Criminal Investigation, and U.S. Marshals Service.
The Aryan Knights cases are being prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership and the State of Idaho to address gang crimes. The Treasure Valley Partnership is comprised of a group of elected officials in southwest Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth. For more information, visit treasurevalleypartners.org.
Boise Man Sentenced for Conspiring to Distribute MethRead the Press Release
BOISE – Terry Lee O’Brien, 53, of Boise, Idaho, was sentenced today in United States District Court to 66 months in prison followed by three 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. O’Brien appeared this morning before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.
On April 11, 2013, O’Brien pleaded guilty to count one of the indictment charging him and two others with conspiracy to distribute methamphetamine in Idaho. According to court documents, O’Brien admitted that between March 29 and May 21, 2012, he conspired with his co-defendants, Christopher Palacios and Krystal Amber Reese, to distribute methamphetamine in the Twin Falls area.
Christopher Palacios, a/k/a “Paco,” 40, of Filer, Idaho, pleaded guilty on February 26, 2013, to count one of the indictment. He faces a minimum term of 10 years in prison, a maximum fine of $10 million, and at least five years of supervised release. Sentencing is set for August 13, 2013.
Krystal Amber Reese, 31, of Filer, pleaded guilty today to count 10 of the indictment charging her with possession with intent to distribute methamphetamine. According to court documents, Reese admitted that she knowingly possessed with intent to distribute approximately 27.10 grams of a mixture and substance containing at least five grams of actual methamphetamine. She faces a minimum term of five years in prison, a maximum fine of $5 million, and at least four years of supervised release. Sentencing is set for September 23, 2013.
The case was investigated by the Idaho State Police.
Contrack International Inc. Agrees to Pay $3.5 Million to Resolve False Claims Act AllegationsRead the Press Release
WASHINGTON - Contrack International, Inc., a global design and construction company headquartered in McLean, Virginia, has agreed to pay $3.5 million to settle allegations that it submitted false claims in connection with United States Agency for International Development (USAID) contracts, the Justice Department announced today.
“Misrepresentations during contract negotiations undermine the integrity of the government procurement process,” said Stuart F. Delery, Acting Assistant Attorney General for the Civil Division. “The Justice Department will take action where contractors misrepresent their qualifications for government contracts and programs.”
“Proper public contracting, government efficiency and government accountability rely on full and complete information from contractors,” said Wendy J. Olson, United States Attorney for the District of Idaho. “Along with our partners at USAID and the Department of Justice’s Commercial Litigation Branch, we will aggressively seek to recover improperly awarded public dollars.”
The settlement concerns USAID-funded contracts for the construction of water and wastewater infrastructure projects in the Arab Republic of Egypt in the 1990s. The bidders for these contracts were required to receive prequalification and, in some cases, establish that they were United States companies. The contracts were ultimately performed by a joint venture partnership between Contrack, Washington Group International, Inc. (WGI), a subsidiary of URS Corporation, and Misr Sons Development S.A.E. (HAS), an Egyptian company. The United States filed suit under the False Claims Act and the Foreign Assistance Act alleging that the joint venture partners evaded the prequalification requirement by concealing the identity of the joint venture partners, which prevented USAID from evaluating their qualifications. As a result, the United States alleges that Contrack and its partners received USAID-funded contracts for which they were ineligible. The settlement resolves only Contrack’s liability. The United States is continuing to pursue its claims against the other defendants in the suit.
This settlement was the result of a coordinated effort by the Department of Justice, Civil Division, Commercial Litigation Branch; the U.S. Attorney’s Office for the District of Idaho; and the USAID Office of Inspector General.
The case is United States v. Washington Group International Inc. f/k/a/ Morrison Knudsen, Corporation, Contrack International, Inc.; and Misr Sons Development S.A.E. a/k/a Hassan Allam Sons, No. 04-555 (N.D. Idaho). The claims resolved by this settlement are allegations only and there has been no determination of liability.
Idaho Falls Apartment Owner Sentenced for Release of Asbestos Air PollutantRead the Press Release
POCATELLO – U.S. Attorney Wendy J. Olson announced that Tyler Harwood, 30, of Idaho Falls, was sentenced yesterday to one year probation for violating the Clean Air Act by negligently releasing a hazardous air pollutant. U.S. Magistrate Judge Ronald E. Bush also fined Harwood $250, and ordered him to take a class for property owners on following EPA guidelines. Harwood pleaded guilty on April 25, 2013.
According to the court documents, Harwood arranged for and caused a boiler wrapped in asbestos material to be removed from the basement of his “D Street Apartments.” During the dismantling and removal of the boiler, residents of the apartment building were exposed to powdered air-borne asbestos dust released into the ambient air of the apartment building.
“Exposure to asbestos can cause cancer and serious respiratory illness,” said Tyler Amon, Special Agent-in-Charge of EPA's Office of Criminal Enforcement. “Cutting corners when it comes to handling asbestos is not just a health hazard, but in this case was a criminal act that put people at risk.”
The case was investigated by agents of the U.S. Environmental Protection Agency.
Area Businessman Sentenced for Selling SpiceRead the Press Release
BOISE –William Oldenburg, 66, of Eagle, Idaho, was sentenced today in United States District Court to three years of probation for conspiracy to distribute a controlled substance analogue and conspiracy to structure transactions, U.S. AttorneyWendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Oldenburg to forfeit $580,000, and pay a $5,000 fine. Additionally, Oldenburg will spend the next eight weekends in the Ada County Jail, to be followed by six months home detention, and 200 hours of community service. He pleaded guilty to the charge on March 25, 2013.
According to court documents, Oldenburg is the owner of Gary's Dream, LLC, which operates Boise Beverage and Tobacco and The Pit Stop Express. The businesses, commonly referred to as “head shops,” are engaged in the unlawful sale of drug paraphernalia to drug users and drug traffickers. Items of drug paraphernalia were typically sold at the businesses under the guise of “tobacco products,” or with claims of other “legitimate” uses. According to the indictment, Oldenburg referred to much of the drug paraphernalia as “smoking accessories,” to be used only to smoke tobacco. However, virtually all of the smoking devices sold by Oldenburg were commonly used to ingest marijuana, hashish, and/or other illegal drugs, not tobacco.
Oldenburg admitted that beginning on March 1, 2011, and continuing through May 10, 2012, he knowingly conspired with other persons to distribute and possess with intent to distribute at least 40 kilograms of a mixture and substance containing a detectable amount of AM-2201 and UR-144, Schedule I controlled substance analogues, knowing the substance was intended for human consumption. Oldenburg further admitted that between at least July 2011, and November 2012, he conspired with others to conduct a series of financial transactions involving the proceeds of the unlawful activity, in order to evade reporting requirements under federal law.
Co-defendant Donovan Johns, 38, of Meridian, Idaho, pleaded guilty on May 14, 2013, to conspiracy to sell, offer for sale, and transport drug paraphernalia and conspiracy to structure transactions. Sentencing is set for July 29, before Judge Lodge.
Oldenburg and Johns are among the 17 people charged last year as part of Operation Not for Human Consumption, which targeted illegal sales of drug paraphernalia and “spice” at 13 Treasure Valley businesses. According to search warrant affidavits, nine of the 13 businesses were openly selling “spice,” a substance that tested positive for AM-2201. The DEA has determined that AM-2201 is a controlled substance analogue. “Spice,” a synthetic form of cannabis, which is a psychoactive herbal and chemical product that, when consumed, mimics the effects of cannabis. In the spring of 2011, the Idaho Legislature criminalized the sale of “spice” under state law. In March of 2011, the Drug Enforcement Administration placed five synthetic cannabinoids into Schedule I of the Controlled Substances Act. It is against federal law to sell or offer for sale any paraphernalia that is primarily intended or designed for drug use, regardless of whether the seller advises their customers that the paraphernalia is for tobacco use only. The businesses are commonly referred to as “head shops.”
Operation Not for Human Consumption includes the cooperative law enforcement efforts of the Drug Enforcement Administration, Internal Revenue Service-Criminal Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Boise Police Department, Ada County Sheriff's Office, Canyon County Sheriff's Office, Nampa Police Department, Meridian Police Department, and the Canyon County Prosecutor's Office. The U.S. Marshals Service and Idaho State Police provided assistance.
Illegal Alien Indicted for Unlawful Gun PossessionRead the Press Release
POCATELLO - Rigoberto Torres-Perez, 30, of Dubois, Idaho, and a Mexican national, was indicted yesterday by a federal grand jury in Pocatello for unlawful possession of a firearm, U.S. Attorney Wendy J. Olson announced.
The indictment alleges that on November 4, 2012, Torres-Perez, previously convicted of possession of dangerous drugs in 2006, and an alien illegally in the United States, unlawfully possessed a Hi-Point, 9 millimeter pistol with an obliterated serial number. The charge of unlawful possession of a firearm is punishable by up to 10 years in prison, a maximum fine of $250,000, and up to three years of supervised release.
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 case is being investigated by Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case is being prosecuted as part of Idaho’s Project Safe Neighborhoods Program, which seeks to reduce gun violence in Idaho.
North Idaho Man Enters Felony Plea for Illegally Cutting TimberRead the Press Release
COEUR D’ALENE – Norman Leroy Bogart, 54, of Kingston, Idaho, pleaded guilty yesterday in federal court to illegally cutting timber on national forest lands, U.S. Attorney Wendy J. Olson announced. An information charging him with one felony count of willful injury or depredation to property of the United States was filed in United States District Court in Coeur d’Alene on June 17, 2013.
According to the plea agreement, the defendant admitted that between April and October, 2012, he cut and hauled timber illegally from an area within the Idaho Panhandle National Forests, near his home in Kingston, Idaho. The U.S. Forest Service began to investigate 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 location.
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.
“We are pleased to see this case prosecuted and want to emphasize that timber theft will not be tolerated on national forest system lands,” said Mary Farnsworth, Idaho Panhandle National Forest Supervisor. “I especially would like to thank our law enforcement officers who invested many hours investigating this case to ensure the public is reimbursed for their losses.”
The charge of willful injury or depredation to property of the United States 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 September 16, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Coeur d’Alene.
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.
Lewiston Dealer Sentenced to Federal PrisonRead the Press Release
COEUR D'ALENE – John Gilbert Rincon, 41, of Lewiston, Idaho, was sentenced today in United States District Court in Coeur d’Alene to 61 months in federal prison for conspiracy to distribute methamphetamine. U.S. District Judge Edward J. Lodge also ordered Rincon to serve ten years of supervised release, and to forfeit $20,000 in U.S. currency. He pleaded guilty to the charge on December 4, 2012.
According to court documents, beginning July 2011, and continuing through December 22, 2011, Rincon participated in drug transactions, distributing fifty grams or more of a substance containing methamphetamine. Three members of the conspiracy have pleaded guilty and have been sentenced: Robin L. Spencer, April Lynne Lauby, and Jacob J. Custodio.
The case was investigated by the Clearwater County Sheriff's Office, Orofino Police Department, Idaho State Police, and Federal Bureau of Investigation.
Plummer Man Sentenced for Aiding Transportation of Stolen GoodsRead the Press Release
Ordered to Pay More Than $581,000 in Restitution to Stimson Lumber
COEUR D’ALENE – Trevor Mokry, 33, of Plummer, Idaho, was sentenced today in United States District Court in Coeur d’Alene for aiding the transportation of stolen goods, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge sentenced Mokry to 18 months in federal prison and three years of supervised release. He was also ordered to pay $581,445.24 in restitution to the victim. He pleaded guilty to the charge on April 23, 2012.
According to court records, between June 2007 and June 2011, Mokry aided and abetted the unlawful transportation of stolen lumber while employed by Stimson Lumber Company of Plummer. According to the plea agreement, Mokry worked in the lumber yard and was responsible for loading and unloading trucks. He admitted that he entered into an unauthorized “mill direct” sales arrangement with a business located in Spokane, Washington, which involved the business' driver traveling from Spokane to Plummer to pick up lumber and then returning to Spokane. Mokry loaded the truck and received a check from the driver for the lumber. According to the plea agreement, Mokry sold Stimson's lumber to the Spokane business without the Stimson Lumber’s permission or knowledge and never paid Stimson for the lumber. Mokry admitted that he was paid $581,445.24 for the lumber.
The case was investigated by the Federal Bureau of Investigation.
Final Defendant Sentenced in Ten-Person OCDETF ConspiracyRead the Press Release
BOISE – U.S. Attorney Wendy J. Olson announced that the final member of a ten-defendant southwest Idaho methamphetamine trafficking conspiracy was sentenced today in federal court in Boise. Samuel Chavez, 33, was sentenced to 66 months in federal prison for the crime of possession with intent to distribute in excess of 50 grams of methamphetamine. Chief U.S. District Judge B. Lynn Winmill also sentenced Chavez to three years of supervised release. He pleaded guilty on March 20, 2013.
According to court documents, beginning in January 2011, and continuing through December 16, 2011, Chavez participated in drug transactions with the lead defendant, Alfredo Dominguez-Villareal, distributing cocaine and fifty grams or more of methamphetamine. On one occasion Chavez traded an AK-47 and ammunition for methamphetamine.
Nine members of the conspiracy have pleaded guilty and have been sentenced: Alfredo Dominguez-Villareal, a/k/a Alfredo Vasquez-Dominguez, a Mexican national, to 150 months in prison; Nelson Fernando Garcia-Soto, a Mexican national, to 148 months; Alonso Martinez, of Earlimart, California, to 60 months; Jimenez Valencia a/k/a Jorge Jimenez, a Mexican national, to 57 months; Juan Carlos Arredondo-Sicairos a/k/a Victor Kalil Medina-Feliciano, a Mexican national, to 120 months; Delia Garcia-Pineda, a Mexican national, to 37 months; Tanna Spencer, of Parma, Idaho, to 15 months; Hector Morales, of Delano, California, to six months; and Cynthia Casillas, also of Delano, to three years’ probation.
The case was the result of a joint investigation of the Organized Crime and Drug Enforcement Task Force (OCDETF), led by the Drug Enforcement Administration in conjunction with the Boise Police Department and the Ada 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 Drug Enforcement Administration (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.
Bonners Ferry Man Sentenced for Unlawfully Possessing FirearmRead the Press Release
COEUR D’ALENE – Donald Paul Hankey, 28, of Bonners Ferry, Idaho, was sentenced today in United States District Court to 18 months in prison for felon in possession of a firearm, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Hankey to serve three years of supervised release, and pay a fine of $1,500. He pleaded guilty to the charge on March 5, 2013.
According to court documents, on November 13, 2012, Hankey knowingly and illegally possessed a Springfield Armory 9 millimeter handgun. Hankey is prohibited from possessing firearms due to a previous felony conviction for possession of a controlled substance. Hankey will forfeit the firearm he unlawfully possessed.
The case was investigated by the North Idaho Violent Crimes Task Force (NIVCTF). The 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 the Coeur d'Alene Tribal Police Department. 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.
Two Legacy Network Executives Plead Guilty in Federal CourtRead the Press Release
POCATELLO – U.S. Attorney Wendy J. Olson announced today that Adrian Rand Robison, 67, of Rigby, Idaho, pleaded guilty to mail fraud. Rand Robison was the founder and chairman of the board of The Legacy Network, an insurance brokerage agency in Rexburg. Adrian Russell Robison, 38, of Idaho Falls, Idaho, pleaded guilty to one count of making and subscribing a false tax return. Russell Robison was the Chief Executive Officer of The Legacy Network, owned a minority interest in the company, and is the son of Rand Robison. The defendants appeared before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello. They were charged in separate informations filed on May 16, 2013, by the U.S. Attorney’s Office.
According to the plea agreement, Rand Robison, a licensed insurance agent, owned a majority interest in The Legacy Network, a company that brokered the sale of life insurance policies between the carriers that offered the policies and the independent insurance agents that marketed the policies to clients. In return for its services, The Legacy Network received a commission paid by the carriers for each policy sold. According to the plea agreement, Rand Robison admitted that he encouraged some high net-worth clients to apply for high face-value life insurance policies with the promise of rebating all or part of the first-year premiums back to the customer. Robison further admitted that he misrepresented in agent reports and other contractual documents, that he would not rebate, or otherwise finance, the premium payments of his clients. The Legacy Network received commission payments from the insurance carriers of approximately 105 to 138 percent of the first-year premium. Robison admitted that with those funds, he rebated some of the premiums to some high net-worth clients and kept the remainder. From 2006 to 2009, the Legacy Network received approximately $1,371,634 in commissions from life insurance carriers on the policies of a group of their high net-worth clients; they rebated approximately $923,497 to the clients and kept approximately $448,137. Robison agreed to pay restitution of $1,371,634.
According to the plea agreement, Russell Robison was aware that agents of The Legacy Network rebated all or part of the premium payments to some of their high net-worth clients, and had, in fact, signed rebate checks to the clients. Neither Robison nor The Legacy Network issued IRS Forms 1099-MISC recording the rebates as income to the high net-worth clients. The company’s internal books and records recorded the rebates as deductible business expenses. After some clients’ policies lapsed due to non-payment of premiums—which occurred typically in the second year of the policies—some policies were replaced with policies issued by different insurance carriers. According to the plea agreement, Robison admitted that for tax years 2007, 2008 and 2009, he filed a partnership income tax return for The Legacy Network, knowing that the returns contained false information by improperly overstating expenses for rebates paid. According to the plea agreement, the total tax loss for tax years 2007 through 2009 was $270,631.
Adrian Rand Robison faces up to 20 years in prison, a maximum fine of $250,000, and up to three years of supervised release. Adrian Russell Robison faces up to three years in prison, a maximum fine of $100,000, and up to one year of supervised release.
The defendants are scheduled to be sentenced on September 12, 2013, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
The cases were investigated by Internal Revenue Service-Criminal Investigation, the Federal Bureau of Investigation (FBI), and the Idaho Department of Insurance.
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.
Idaho Falls Man Sentenced for Possessing Sawed-off ShotgunRead the Press Release
POCATELLO – Timothy Scott Murphy, 25, of Idaho Falls, Idaho, was sentenced today in United States District Court to 39 months in prison, consecutive to the state sentence he is currently serving, followed by three years of supervised release for possession of an unregistered firearm, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Murphy to forfeit the firearm. Murphy pleaded guilty to the charge on May 22, 2012.
During the plea hearing, federal prosecutors informed the Court that on February 21, 2012, Idaho Falls Police officers received reports that Murphy was in possession of a sawed-off shotgun. Law enforcement officers located Murphy at a residence in Idaho Falls. Murphy left the house carrying a sawed-off shotgun, but when he saw the police officers he returned to the house. Following a four-hour standoff, Murphy surrendered to police. The sawed-off shotgun was recovered from inside the house. The firearm, made from a Maverick 12-gauge shotgun, had a barrel length of approximately 16 inches; however, the minimum legal barrel length for shotguns is 18 inches. Shotguns with barrel lengths of less than 18 inches must be registered in the National Firearms Registration and Transfer Record and Murphy had no such firearms registered to him.
The case was investigated by the Idaho 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.
ChubbuckWoman Sentenced for Theft of Government PropertyRead the Press Release
POCATELLO – Leslie A. Briggs, 36, of Pocatello, Idaho, was sentenced today in United States District Court to 21 months in prison followed by three years of supervised release for theft of government property, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Briggs to pay restitution of $103,611.76. She pleaded guilty to the charge on March 28, 2013.
According to the plea agreement, Briggs was employed as assistant to the manager of the Aid for Friends Representative Payee Program, in which the Social Security Administration sends payments for beneficiaries to Aid for Friends. Aid for Friends then administers the funds and pays for the beneficiary’s personal expenses. According to the plea agreement, Briggs had signing authority on the Aid for Friends Social Security Administration trust account at Wells Fargo Bank, where all beneficiaries’ Social Security funds are deposited. Briggs admitted that from November 2008 to December 2010, she wrote checks on the trust account, without authorization, for personal expenses, including credit card bills, insurance and a home loan. Judge Winmill also stated during the sentencing that Briggs has two previous convictions for embezzlement.
The case was investigated by the Social Security Administration, Office of Inspector General-Office of Investigations and the Pocatello Police Department.
Payette Man Sentenced for Possessing Firearms in Furtherance of Drug TraffickingRead the Press Release
BOISE – Chadwick Duane Powell, 35, of Payette Idaho, was sentenced today in United States District Court to 75 months in prison followed by five years of supervised release for possession of firearms in furtherance of drug trafficking crimes, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Powell to forfeit two firearms and the ammunition he possessed, and to pay $2,670.42 in restitution for the cleanup of hazardous materials related to a methamphetamine laboratory that Powell kept in a shed behind his residence. On March 12, 2013, Powell pleaded guilty to count three of the superseding indictment.
According to the plea agreement, on June 11, 2012, law enforcement officers executed a search warrant at a residence in Fruitland, Idaho. Powell was located hiding in a closet in the master bedroom. After retrieving a key from Powell, the officers unlocked a shed behind the residence that housed a small methamphetamine laboratory. The building contained chemicals, ingredients and equipment necessary to manufacture and produce methamphetamine. In Powell’s bedroom, law enforcement located a glass jar containing 41.1 grams of pseudoephedrine. In the shed, officers found a modified Winchester 12 gauge shotgun with a sawed-off barrel and six shotgun shells. According to the plea agreement, Powell admitted he possessed the shotgun in furtherance of drug trafficking crimes, including manufacturing methamphetamine and maintaining premises for the purpose of manufacturing methamphetamine. Officers also discovered a loaded FEG 9mm handgun with a single round of 9 millimeter ammunition in Powell’s bedroom. A box of 9 millimeter ammunition containing 29 rounds was located in the garage next to the shed which housed the methamphetamine laboratory.
The case was investigated by Idaho State Police, Fruitland Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Idaho Falls Man Sentenced for Possessing Hundreds of Images of Child PornographyRead the Press Release
POCATELLO – James R. Brown, 50, of Idaho Falls, Idaho, was sentenced today in United States District Court in Pocatello to 78 months in prison followed by ten years of supervised release for possession of sexually explicit images of minors, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Brown to forfeit the computer equipment used in the offense. Brown pleaded guilty to the offense on March 27, 2013.
According to the plea agreement, Brown admitted that on August 15, 2012, he possessed a laptop computer with more than 600 sexually explicit images of minors. Forensic analysis of the computer confirmed that many of the images depicted sexual activity between adults and children under the age of 12. When interviewed by special agents of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, Brown admitted to possessing “thousands” of images of sexually explicit conduct, approximately half of which he estimated were images of minor children.
Authorities were alerted to Brown’s illegal activities in April 2011, when the Federal Bureau of Investigation learned that Brown’s e-mail account had been used to send an image of child pornography to another person. An investigation led authorities to suspect the illegal activity was being conducted using the computer network of Brown’s employer. Once notified, the company undertook an internal investigation and cooperated fully with the federal investigation. Brown’s employment was terminated in conjunction with his confession to the authorities.
The case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), with assistance from the Federal Bureau of Investigation.
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.”
Husband and Wife Plead Guilty in Magic Valley “Spice” CaseRead the Press Release
POCATELLO – Shyloh Becker, 29, of Tigard, Oregon, is the second defendant to plead guilty in Idaho as a result of last summer’s nationwide law enforcement effort called Operation Log Jam, U.S. Attorney Wendy J. Olson announced. Becker pleaded guilty to a superseding information charging her with one count of aiding and abetting in a monetary transaction in property derived from specified unlawful activity.
Co-defendant and husband Joshua P. Becker, 33, also of Tigard, pleaded guilty on May 30, 2013, to conspiracy to launder money.
According to the plea agreement, between March 1, 2011, and June 25, 2012, Joshua Becker owned and operated A & J Distribution with other individuals, including co-defendant Allen W. Nagel. During this time, A & J Distribution distributed brands of smokeable material for further sale, commonly referred to as “spice,” under the “Hayze” label. This material contained a Schedule I controlled substance analogue. Becker admitted that he knew the material was intended for human consumption. Becker and Nagel received money from the sale of the material and engaged in monetary transactions using the funds derived from the sales. The transactions, some in excess of $10,000, included transfers, withdrawals, and deposits through a Twin Falls bank. According to the plea agreement, the total funds involved in the monetary transactions derived from the specific unlawful activity are not more than $400,000.
According to the plea agreement, Shyloh Becker admitted that she aided and abetted her husband in setting up and monitoring the bank account.
The charge of conspiracy to launder money is punishable by up to 20 years in prison, a maximum fine of $500,000, and up to five years of supervised release.
The charge of aiding and abetting in a monetary transaction in property derived from a specified unlawful activity is punishable by up to 10 years in prison, a maximum fine of $250,000, and up to three years of supervised release.
Chief U.S. District Judge B. Lynn Winmill is scheduled to sentence Joshua Becker on August 12, 2013, in Pocatello, and Shyloh Becker on September 4, 2013, in Boise.
The Beckers are two of the six people indicted by a federal grand jury in Pocatello on August 28, 2012, on charges of conspiracy to distribute a controlled substance analogue. Three co-defendants, Allen W. Nagel, 44, Gary E. Nagel, 45, and Josh Cserepes, 27, of Twin Falls, Idaho, are scheduled to enter guilty pleas to related charges on June 26.
Fourteen search warrants were executed in July 2012 by law enforcement agencies at 11 locations in Twin Falls County, and three locations in Tigard, Oregon, and Vancouver, Washington. Five individuals were arrested following their indictment in July 2012, on federal charges of conspiracy to distribute a controlled substance analogue. The warrants were related to a nationwide law enforcement action against the synthetic designer drug industry responsible for the production and sale of dangerous and deadly drugs that are often marketed as bath salts, “spice,” incense, or plant food, which are prohibited under the federal controlled substance analogue statute.
The joint investigation of the Organized Crime and Drug Enforcement Task Force (OCDETF), is led by the Drug Enforcement Administration in conjunction with Twin Falls City Police Department, Twin Falls County Sheriff's Office, U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), Internal Revenue Service-Criminal Investigation, U.S. Customs and Border Patrol, U.S. Postal Inspection Service, Bureau of Alcohol, Tobacco, Firearms and Explosives, Idaho State Police, Ada County Sheriff's Office, Nampa City Police Department, Meridian City Police Department, Gooding County Sheriff's Office, Cassia County Sheriff's Office, and Minidoka County Sheriff's Office.
The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
Former Credit Union Teller Sentenced for Embezzling from Customer AccountsRead the Press Release
POCATELLO – Virginia Mecham, 40, of Ammon, Idaho, was sentenced today in federal court in Pocatello to two months in prison, followed by two months of home detention for embezzlement by a credit union employee, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Mecham to serve three years of supervised release and pay restitution of $23,625. She pleaded guilty to an information on February 8, 2013.
According to the plea agreement, in August 2011, customers of Westmark Credit Union in Idaho Falls, Idaho, contacted the credit union to inquire about unauthorized withdrawals from their accounts. An examination of the questionable transactions determined they were all handled by Mecham, a credit union teller. During an interview with bank officials, Mecham admitted embezzling the money and admitted that she spent it on various personal expenses.
The case was investigated by the Federal Bureau of Investigation.
Today's announcement is part of efforts underway by President Obama's Financial Fraud Enforcement Task Force (FFETF), which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.
Four E. Idaho Residents Arrested in Connection with Illegal Gun Possession and SalesRead the Press Release
POCATELLO – U.S. Attorney Wendy J. Olson announced the arrest this week of four Eastern Idaho residents on federal firearms violations and methamphetamine distribution charges. Marilee Taylor Love, 44, of Terreton, Rodney Lewis Hall, 54, of Lewisville, Harold Thomas Barker, 58, of Rexburg, and Gary Wallace Hoffman, 50, of Rigby, were indicted by a federal grand jury on May 29, 2013. The defendants are scheduled to be arraigned in United States District Court in Pocatello at 1:00 p.m. MDT, on June 13, before U.S. Magistrate Judge Ronald E. Bush.
Indicted together, Love and Hall are charged with conspiring to distribute and possess with intent to distribute methamphetamine and marijuana between February 2011 and February 2012. The two are also charged with three counts of distributing methamphetamine and unlawful possession of a firearm silencer. Love is additionally charged with two counts of unlawfully selling firearms to a person she knew was prohibited from legally possessing firearms.
Barker is charged with unlawfully possessing a sawed-off shotgun, distributing methamphetamine on two occasions, and four counts of unlawfully selling firearms to a person he knew was prohibited from legally possessing firearms.
Hoffman, convicted of felony possession of methamphetamine in 2004 in Bonneville County, Idaho, is charged with unlawfully possessing three firearms between May and October 2012, and with distributing methamphetamine. Hoffman is prohibited from possessing firearms due to his prior conviction.
If convicted, Love, Hall, Barker, and Hoffman each face up to 20 years in prison, a maximum fine of $1 million, and at least three years of supervised release.
The three cases are being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Federal Bureau of Investigation, the Idaho State Police, the Madison, Fremont, Jefferson, and Bingham County Sheriff’s Offices, the Rexburg Police Department, Rigby Police Department, Blackfoot Police Department, and the Drug Enforcement Administration.
An indictment 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.
Lapwai Man Sentenced for Illegally Possessing FirearmRead the Press Release
COEUR D’ALENE – Alex James Ellenwood, 24, of Lapwai, Idaho, was sentenced today in United States District Court in Coeur d’Alene to 40 months in prison for unlawful possession of a firearm, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Ellenwood to serve three years of supervised release and forfeit the firearm he illegally possessed. Ellenwood pleaded guilty to the charge on March 19, 2013.
According to the plea agreement, on September 5, 2012, Ellenwood was arrested at a Clearwater County campground on an outstanding warrant. During a search incident to the arrest, law enforcement found a Ruger .44 pistol in Ellenwood’s backpack. Ellenwood is prohibited from possessing firearms due to his 2008 conviction for assault with a deadly weapon, a felony punishable by a term of imprisonment exceeding one year.
The case was investigated by Nez Perce Tribal Police, Clearwater County Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Bureau of Investigation.
The case was prosecuted as part of Idaho’s Project Safe Neighborhoods Program, which seeks to reduce gun violence in Idaho.
Kamiah Man Pleads Guilty to Involuntary ManslaughterRead the Press Release
COEUR D'ALENE – Nicholas P. Allman, 22, of Kamiah, Idaho, pleaded guilty today in federal court to one count of involuntary manslaughter, U.S. Attorney Wendy J. Olson announced.
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 charge of involuntary manslaughter is punishable by up to eight years in prison, a maximum fine of $250,000, and up to three years of supervised release.
Sentencing is set for August 26, 2013, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Coeur d’Alene.
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.
Boise Man Admits to Passing Counterfeit $50 NotesRead the Press Release
BOISE – William W. Hanson, 35, of Boise, Idaho, pleaded guilty today in United States District Court to one count of passing counterfeit obligations and securities, U.S. Attorney Wendy J. Olson announced. Hanson was indicted by a federal grand jury in Boise on April 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 35 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 charge 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 for August 26, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.
The case was investigated by the United States Secret Service and the Washington County Sheriff’s Office.
Final Defendant in Idaho Meth Trafficking Conspiracy Sentenced to Life in PrisonRead the Press Release
BOISE – Jim Allen Loveland, 58, of Boise, Idaho, was sentenced yesterday in United States District Court in Boise to life in prison for conspiracy to possess with intent to distribute methamphetamine, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Loveland to serve 10 years of supervised release.
Loveland was convicted by a federal jury on January 22, 2013, along with co-conspirators Jesus Guadalupe Sanchez, a/k/a Jose Salazar, and Michael Dennis Morris. According to evidence presented during the six-day trial, Loveland, Sanchez and Morris were convicted of conspiring with others, including co-defendants, to distribute a total of approximately eleven pounds of methamphetamine in Canyon, Payette and Washington counties between November 2011 and May 16, 2012.
Prior to Loveland’s jury trial, the U.S. Attorney’s Office, in a court filing, notified Loveland that he had two prior felony drug offense convictions, one out of Nevada in 1999 and the other out of Idaho in 1985. Because of these prior convictions, Loveland was sentenced to a mandatory life sentence, which is required by federal statute.
Ten co-defendants sentenced earlier include:
- Jesus Guadalupe Sanchez, a/k/a Jose Salazar, 32, a Mexican national, the leader and organizer of the conspiracy, was sentenced in April 2013 to 400 months in prison for conspiracy to distribute methamphetamine, and possession of methamphetamine with intent to distribute.
- Michael Dennis Morris, 42, of Weiser, Idaho, was sentenced in April 2013 to 156 months in prison and fined $2,000 for conspiracy to possess with intent to distribute methamphetamine.
- Dawson Lee Moore, 60, also of Weiser, was sentenced in March 2013 to 36 months in prison and fined $1,000 for conspiracy to possess with intent to distribute methamphetamine.
- Benjamine L. Vertner, 34, of Ontario, Oregon, was sentenced in February 2013 to 138 months in prison for conspiracy to possess with intent to distribute methamphetamine.
- Jacob James Clevenger, 31, of Weiser, was sentenced in February 2013 to 188 months in prison for conspiracy to possess with intent to distribute methamphetamine.
- Kristopher Hensley, a/k/a Casey (I.C.) Hensley, 27, of Weiser, was sentenced in February 2013 to 51 months in prison for conspiracy to possess with intent to distribute methamphetamine.
- Johnny A. Tambunga, 40, of Weiser, was sentenced in February 2013 to 47 months in prison for conspiracy to possess with intent to distribute methamphetamine.
- Mario Martinez, Jr., 55, of Greenleaf, Idaho, was sentenced in February to 57 months in prison for conspiracy to possess with intent to distribute methamphetamine.
- Fabian Jordano Beltran, 24, of Weiser, was sentenced in February to 36 months in prison for conspiracy to possess with intent to distribute methamphetamine, and possession of a firearm in furtherance of a drug trafficking offense.
- Patric Campbell, 36, of Boise, was sentenced in February 2013 124 months in prison for conspiracy to possess with intent to distribute methamphetamine.
"These drug traffickers well deserve the lengthy sentences the Court imposed," said Olson. "This outstanding investigation and prosecution demonstrate that federal, state and local law enforcement will work together in all parts of Idaho to ensure that those who seek to poison our communities with this poisonous drug are caught, prosecuted and punished."
The case was investigated by the Idaho State Police with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Convicted Felon Pleads Guilty to Unlawfully Possessing Three FirearmsRead the Press Release
POCATELLO – Bruce Leighton Diehl, 43, of Idaho Falls, Idaho, pleaded guilty yesterday in United States District Court in Pocatello to unlawful possession of firearms, U.S. Attorney Wendy J. Olson announced.
According to court records, Idaho State probation officers visited Diehl at his residence in Idaho Falls on April 4, 2012, after Diehl failed to attend court-ordered treatment. Diehl was on probation after being convicted in 2011 in Clark County, Idaho, of felony eluding a police officer and felony malicious injury to property. While clearing the residence of other individuals and weapons, the probation officers located a rifle, a 12 gauge shotgun, a pistol, and several rounds of ammunition. Diehl told police that the firearms had been in the garage with his other belongings when he got out of prison, that a friend had moved his belongings from the garage into the house for him, and that he had forgotten that the guns were in the property from the garage.
In addition to the 2011 felony eluding and malicious injury to property convictions, Diehl was also convicted in 1998 of possession of a controlled substance in Bonneville County, Idaho. As a result of these convictions, Diehl 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 supervised release.
Sentencing is set for September 3, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Pocatello.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives with the assistance of the Idaho Department of Corrections, Bureau of Probation and Parole.
The case was prosecuted as part of Idaho’s Project Safe Neighborhoods Program, which seeks to reduce gun violence in Idaho.
Two Sentenced for Separate Drug Crimes in Connection with Aryan Knights InvestigationRead the Press Release
BOISE – U.S. Attorney Wendy J. Olson announced today the sentencing of Dennis James, 47, of San Pablo, California, and Jesse Ray Delgado, 47, of Boise, Idaho, for conspiracy to distribute methamphetamine. The defendants were indicted in separate cases.
Chief U.S. District Judge B. Lynn Winmill sentenced James on Monday to 120 months in federal prison followed by eight years of supervised release for conspiring to distribute methamphetamine. According to information presented in court, James conspired with a co-defendant to distribute methamphetamine in June 2012. At a court hearing on March 12, 2013, James admitted that he sold approximately one-half ounce of methamphetamine to a confidential informant in June 2012. James faced an enhanced sentence because he was previously convicted of a felony drug offense in 2006. His lengthy criminal history includes voluntary manslaughter. James’ co-defendant, Nicholas Andrew Steele, was sentenced in April to 60 months in prison for distribution of methamphetamine.
U.S. District Judge Edward J. Lodge sentenced Delgado today to 168 months in prison followed by five years of supervised release. He pleaded guilty to the charge on March 12, 2013. Delgado admitted in court that he entered into a conspiracy with other individuals to distribute methamphetamine. He acknowledged that he purchased methamphetamine and distributed it in the Boise area. On February 16, 2012, he sold approximately one-half ounce of methamphetamine to a confidential informant. On March 14, 2012, law enforcement agents served a search warrant on Delgado’s residence and recovered over three ounces of methamphetamine. Delgado faced an enhanced sentence because of his prior conviction for possession of controlled substances in 2001.
The cases are part of the Aryan Knights investigation in which James, Steele, Delgado and 20 other individuals were charged as a result of a long-term investigation by the Treasure Valley Metro Violent Crime Task Force. The investigation began when the task force focused on illegal drug distribution by the “Aryan Knights,” a gang active both in prison and on the streets throughout Idaho. 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.
All 23 defendants have pleaded guilty, 17 have been sentenced, and six are awaiting sentencing.
The Treasure Valley Metro Violent Crimes Task Force is comprised of federal, state and local agencies, including the Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; Boise Police Department; Ada County Sheriff’s Office; Caldwell Police Department; Nampa Police Department; Meridian Police Department; Canyon County Sheriff’s Office; and Idaho Department of Probation and Parole. The joint investigation also included the Organized Crime and Drug Enforcement Task Force (OCDETF), a cooperative law enforcement effort of the Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, U. S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Internal Revenue Service-Criminal Investigation, and U.S. Marshals Service.
The Aryan Knights cases are being prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership and the State of Idaho to address gang crimes. The Treasure Valley Partnership is comprised of a group of elected officials in southwest Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth. For more information, visit treasurevalleypartners.org.
Owners of Smoke Shack and Smoke Shack 2 Sentenced to Federal PrisonRead the Press Release
BOISE – U.S. Attorney Wendy J. Olson announced that Robert T. Guerrero, Jr., 36, and Jason Daniel Guerrero, 34, both of Meridian, Idaho, were sentenced today to federal prison terms as part of Operation Not For Human Consumption, which targeted illegal sales of drug paraphernalia and “spice” at 13 Treasure Valley businesses. The Guerrero brothers are the former owners and operators of two Treasure Valley headshops, Smoke Shack and Smoke Shack 2. On February 26, 2013, both men pleaded guilty to one count of offering drug paraphernalia for sale and one count of money laundering.
U.S. District Judge Edward J. Lodge sentenced Robert Guerrero to 18 months and Jason Guerrero to 15 months in prison, to be followed by three years of supervised release.
According to information presented at sentencing, Robert and Jason Guerrero were co-owners and operators of RG Distributing, Inc., doing business as Smoke Shack and Smoke Shack 2. The businesses were located at 124 13th Avenue South in Nampa, Idaho; and 482-A West Main Street in Kuna, Idaho. The Guerreros admitted to knowingly and intentionally offering drug paraphernalia for sale, which included various glass pipes, metal pipes, plastic pipes, water pipes, bongs, bubblers, vaporizers, one-hitters, grinders, gas masks, and urine cleansing kits. The items were primarily intended and designed for illegal drug use. Additionally, the Guerreros manufactured and distributed controlled substance analogues, commonly referred to as “spice” or “potpourri.” The Guerreros admitted that they received profits in excess of $120,000, but less than $200,000, from a specified source of unlawful activity. On May 1, 2012, Jason Guerrero purchased diamond jewelry from an area jewelry store for $18,000 in cash. On May 8, 2012, Robert Guerrero purchased diamond jewelry for $22,000 in cash. The Guerreros admitted that the cash used to purchase the diamond jewelry was derived from the unlawful sale of drug paraphernalia.
Robert and Jason Guerrero are among the 18 defendants charged in 2012 in Boise as part of Operation Not for Human Consumption. According to search warrant affidavits, nine of the 13 businesses were openly selling “spice,” a substance that tested positive for AM-2201. “Spice,” a synthetic form of cannabis, which is a psychoactive herbal and chemical product that, when consumed, mimics the effects of cannabis. In the spring of 2011, the Idaho Legislature criminalized the sale of “spice” under state law. In March 2011, the Drug Enforcement Administration placed five synthetic cannabinoids into Schedule I of the Controlled Substances Act. At the time Robert and Jason Guerrero manufactured and sold spice, AM-2201 was a controlled substance analogue. On July 10, 2012, President Obama signed the Synthetic Drug Abuse Prevention Act, which lists AM-2201 and 14 other chemicals as Schedule I controlled substances. It is against federal law to sell or offer for sale any paraphernalia that is primarily intended or designed for drug use, regardless of whether the seller advises their customers that the paraphernalia is for tobacco use only. The businesses are commonly referred to as “head shops.”
Operation Not for Human Consumption includes the cooperative law enforcement efforts of the Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Internal Revenue Service-Criminal Investigation, Boise Police Department, Ada County Sheriff's Office, Canyon County Sheriff's Office, Nampa Police Department, Meridian Police Department, and the Canyon County Prosecutor's Office. The U.S. Marshals Service and Idaho State Police provided assistance.
Naturalized U.S. Citizen Sentenced to 60 Months for Distributing MethRead the Press Release
BOISE – Alonso Martinez, 26, of Earlimart, California, was sentenced today to 60 months in prison for possession of 50 grams or more of actual methamphetamine with intent to deliver, U.S. Attorney Wendy J. Olson announced. Martinez, born in Mexico but a naturalized citizen of the United States, was also ordered to pay a $500 fine. Following his prison term, Martinez faces possible deportation. He appeared today before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise.
Martinez pleaded guilty to the charge on November 5, 2012. According to court documents, on October 17, 2011, Martinez traveled from California to Idaho for the purpose of distributing methamphetamine at the direction of his co-conspirators. Martinez admitted that he met with co-defendant Alfredo Vasquez-Dominguez at a location in Meridian, Idaho, and subsequently delivered more than 50 grams of actual methamphetamine to him.
Eight co-defendants sentenced earlier include Alfredo Dominguez-Villareal, a/k/a Alfredo Vasquez-Dominguez, a Mexican national, to 150 months in prison; Nelson Fernando Garcia-Soto, a Mexican national, to 148 months; Jimenez Valencia a/k/a Jorge Jimenez, a Mexican national, to 57 months; Juan Carlos Arredondo-Sicairos a/k/a Victor Kalil Medina-Feliciano, a Mexican national, to 120 months; Delia Garcia-Pineda, a Mexican national, to 37 months; Tanna Spencer, of Parma, Idaho, to 15 months; Hector Morales, of Delano, California, to six months; and Cynthia Casillas, also of Delano, to three years’ probation.
The final defendant, Samuel Chavez, 32, of New Meadows, Idaho, is scheduled to be sentenced on June 24, 2013.
The case was the result of a joint investigation of the Organized Crime and Drug Enforcement Task Force (OCDETF), led by the Drug Enforcement Administration in conjunction with the Boise Police Department, Nampa Police Department, and the Ada 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 Drug Enforcement Administration (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.
Mountain Home Man Sentenced for Distributing MethRead the Press Release
BOISE – Raul Garcia-Rosales, 39, of Mountain Home, Idaho, was sentenced today in United States District Court in Boise to 21 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 Garcia-Rosales to serve three years of supervised release. He pleaded guilty to the charge on November 27, 2012.
According to the plea agreement, Garcia-Rosales admitted that on September 14, 2011, he received approximately one pound of methamphetamine from his co-defendant, Jamie Guerrero, in Elmore County, Idaho, and then distributed it to an undercover officer at a truck stop in Mountain Home.
Guerrero, 27, of Glenns Ferry, Idaho, also pleaded guilty on November 27, 2012, to possession with intent to distribute methamphetamine. According to the plea agreement, Guerrero admitted that he supplied the methamphetamine to Garcia-Rosales. He is scheduled to be sentenced on August 26, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.
The case was the result of a joint investigation of the Organized Crime and Drug Enforcement Task Force (OCDETF), led by the 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 in Federal Court for Illegally Possessing FirearmRead the Press Release
BOISE – U.S. Attorney Wendy J. Olson announced today that Travis Gayle Smith, 40, of Boise, Idaho, was sentenced to 36 months in prison followed by three years of supervised release for the unlawful possession of a firearm. Smith was sentenced today in United States District Court by U.S. District Judge Edward J. Lodge.
According to the plea agreement, officers searched Smith’s residence on July 20, 2012, and located a Mossberg 12 gauge slide-action shotgun and ammunition. Smith admitted he possessed the shotgun. Smith is prohibited from possessing firearms because he was previously convicted of the felony crime of aggravated battery in 2005, in Ada County, Idaho. Smith was on parole for that crime at the time he possessed the shotgun.
The case was investigated by the Idaho Department of Correction Probation and Parole, Ada County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). 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.
Boise Man Admits Producing and Distributing Child PornographyRead the Press Release
Images Involved Minors Younger than Six Years Old
BOISE – Jason Lloyd Schaber, 40, of Boise, Idaho, pleaded guilty today in federal court to a superseding information charging him with one count of sexual exploitation of children and one count of distributing sexually explicit images of a minor between 2010 and 2012, U.S. Attorney Wendy J. Olson announced.
According to the plea agreement, the investigation into 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 to trace the ad to Schaber in mid-May, according to reports, and on May 31, 2012, Boise police investigators executed a search warrant at Schaber's home. Schaber was arrested at that time and has been in custody since.
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 that he distributed child pornography 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. According to the plea agreement, Schaber will forfeit assets directly traceable to the offense or used in the commission of the offense, including computers, hard drives, video cameras and storage media.
The charge of sexual exploitation of children by producing child pornography is punishable by not less than 15 years and not more than 30 years in prison. The charge of distribution of child pornography is punishable by not less than five years and not more than 20 years in prison. Each count is punishable by a minimum term of five years up to lifetime supervised release, and a maximum fine of $250,000.
Sentencing is set for August 13, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.
Members of the Idaho Internet Crimes Against Children (ICAC) Task Force investigated the case, including investigators from the Boise Police Department, the Ada County Sheriff's Office, and the Federal Bureau of Investigation. Technical assistance was provided by 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., in cooperation with 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/.
Batt Pleads Guilty to Federal Firearm ChargesRead the Press Release
BOISE – Kyle Alan Batt, 27, of Caldwell, Idaho, pleaded guilty today in United States District Court to a federal indictment charging him with one count of 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. According to court documents, deputies with the Canyon County Sheriff’s Office found Batt hiding with a gun early in the morning on October 24, 2012, a short time after two Canyon County Sheriff’s deputies were shot and injured. When deputies found Batt hiding, he shot himself in the head. Batt was originally charged by complaint and taken into federal custody in November 2012. The indictment was filed 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.
The charge of unlawful possession of a firearm is punishable by up to 10 years in prison; the charge of possession of a firearm with an obliterated serial number is punishable by up to five years in prison. Both charges are each punishable by up to three years of supervised release and a maximum fine of $250,000. Batt agreed to forfeit the firearm he unlawfully possessed.
Sentencing is set for August 13, 2013, before U.S. District Judge Edward J. Lodge, at the federal courthouse in Boise.
“Today’s plea is an important step in ensuring that this defendant cannot present a threat to any member of our community, including our law enforcement community,” said Olson. “Deputy sheriffs face uncertain dangers every day as they seek to keep us safe. The U.S. Attorney’s Office will continue to work with all law enforcement agencies to ensure that those who seek to harm officers engaged in their duties receive swift and certain justice.”
The case was investigated by the Nampa Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Batt 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 www.treasurevalleypartners.org.
Two Co-Conspirators Sentenced in E. Idaho Drug CaseRead the Press Release
POCATELLO – Two more members of an Eastern Idaho methamphetamine trafficking organization were sentenced today to serve federal prison sentences, U.S. Attorney Wendy J. Olson announced. The defendants appeared before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
- Samuel Nevarez-Ayon, 26, a Mexican national formerly living in Rexburg, was sentenced to 292 months in prison for his leadership role in the conspiracy. In addition, the Court ordered a $4,000 fine, a $100 special assessment, and the forfeiture of $500,000. He pleaded guilty to the charge of continuing criminal enterprise on December 19, 2012.
- Nicolas Levi Olsen, 30, of Idaho Falls, was sentenced to 60 months in prison followed by five years of supervised release for aiding and abetting possession with intent to distribute methamphetamine. Olsen was also ordered to pay a $500 fine, and a $100 special assessment. He pleaded guilty to an information on January 24, 2013.
Eight co-defendants were sentenced in March and April on related drug trafficking charges. Ricardo Garcia Lopez, of Idaho Falls, was sentenced to 235 months in prison; Alberto Abarca, of Idaho Falls, to 130 months; Rafael Ignacio Guerrero, a Mexican national, to 42 months; Antonio Javier Mendoza, of Shelley, Idaho, to 96 months; Fabiola Esmerelda Marin Castro, a Mexican national, to 36 months and ordered to forfeit $83,575 and two vehicles; and Daniel Quiroz, a Mexican national, to 78 months. Abel Garcia, of Idaho Falls, was sentenced to one month in prison for making a false statement to a bank. Ana Rosa Valdez-Ceja, of Shelley, was sentenced to two years’ probation for money laundering.
Three co-defendants from Idaho Falls are set for sentencing on September 10. Juan Ortiz, Jr., 28, and Isidoro David Herrera, 31, pleaded guilty to conspiracy to possess with intent to distribute in excess of 50 grams of methamphetamine; Everado Tapia Torres, Jr., 31, pleaded guilty to possession with intent to distribute five grams or more of methamphetamine.
The final defendant, Guadalupe Meraz, of Madera, California, is a fugitive.
According to the plea agreements, from June 2005 through January 2012, a group of individuals centered around Nevarez-Ayon entered into a conspiracy to possess and distribute in excess of 50 grams of actual methamphetamine in the Idaho Falls area. In furtherance of the conspiracy, Nevarez-Ayon admitted that he distributed methamphetamine to other individuals on at least three occasions during this same time period and directed activities of various co-defendants. In addition to distributing methamphetamine, several defendants laundered proceeds from the sale of the methamphetamine, and made false loan applications to local banks to further the laundering of money. During the course of the conspiracy, the defendants obtained in excess of $500,000 from the distribution of methamphetamine.
“Justice is well served by Nevarez-Ayon’s prison sentence of more than 24 years,” said Olson. “For years, he was the pivot point in wholesale methamphetamine trafficking in eastern Idaho. This successful investigation and prosecution demonstrate that federal, state and local law enforcement in Idaho will work together to remove those who bring this dangerously addictive drug to our communities.”
The charges are the result of a nine-month 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.
Coeur D'Alene Man Pleads Guilty to Possessing More Than 3,500 Images of Child PornographyRead the Press Release
COEUR D’ALENE – Brian Daniel Rowe, 28, of Coeur d’Alene, Idaho, pleaded guilty yesterday in United States District Court in Coeur d’Alene to possession of sexually explicit images of minors, U.S. Attorney Wendy J. Olson announced. Rowe was charged by indictment on January 15, 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 Rowe was interviewed by investigators, he admitted that he had been 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. Following an investigation, investigators executed a search warrant at Rowe’s residence and seized computers and his smart phone.
The charge of possessing sexually explicit images of minors is punishable by up to 10 years in prison, a maximum fine of $250,000, and a minimum term of five years up to lifetime supervised release. The government is seeking forfeiture of the computer equipment used in the offense.
Sentencing is set is set for August 19, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Coeur d’Alene.
“Those who victimize children by possessing and distributing images of children being sexually abused will be identified, investigated and prosecuted,” said Olson. “Today’s guilty plea sends the strong message that law enforcement throughout Idaho will work in an efficient and coordinated manner to bring these predators 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.”
Winchester Man Pleads Guilty to 2nd Degree MurderRead the Press Release
Defendant also Admits Using a Firearm in a Crime of Violence
COEUR D’ALENE – Kenneth D. Broncheau, 48, of Winchester, Idaho, pleaded guilty today in federal court to one count of second degree murder and one count of using a firearm in a crime of violence, U.S. Attorney Wendy J. Olson announced.
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. According to the plea agreement, 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.
Count one, second degree murder, is punishable by up to life in prison, a maximum fine of $250,000, and up to five years of supervised release. Count two, using a firearm in a crime of violence, carries a mandatory minimum term of 10 years in prison, consecutive to the sentence imposed in count one.
Sentencing is set for August 19, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Coeur d’Alene.
“Today’s plea is a significant step in addressing violence against women in Indian Country,” said Olson. “Sadly, this defendant intentionally took his mother’s life. Although his guilty plea cannot fill the void left by his mother’s death, it should send a strong message that federal, state, tribal and Lewis County law enforcement agencies are working cooperatively to investigate and prosecute violent crime on the Nez Perce Reservation.”
The case was investigated by the Federal Bureau of Investigation, Nez Perce Tribal Police, Idaho State Police, and the Lewis County Sheriff’s Office.