District of Idaho
Press releases recorded for this federal judicial district.
Washington Man Sentenced for Involvement in Shooting Death of Coeur d’Alene TeenRead the Press Release
COEUR D’ALENE – Matthew James Holmberg, 20, of Spokane Valley, Washington, was sentenced Monday, July 17, 2023, to 19 years in federal prison for conspiracy to distribute a controlled substance and discharge of a firearm in furtherance of a drug trafficking crime, announced U.S. Attorney Josh Hurwit.
According to court records, Holmberg was involved in distributing a variety of controlled substances, including fentanyl pills. In 2021, Holmberg met Dennen Trey George Fitterer-Usher, 24, of Spokane Valley, Washington. Holmberg recruited and began bringing Fitterer-Usher to drug deals with him as an armed bodyguard.
On May 31, 2021, Gabriel Casper, 18, Vadin Bartlett, 19, and Ashton Creech, 18, met Holmberg and Fitterer-Usher near Cherry Hill in Coeur d’Alene. Though Casper had arranged to purchase $300 worth of pills, he and the others were armed and arrived at the deal with the intent of robbing Holmberg. Casper, Bartlett, and Creech got into Holmberg’s vehicle, and Casper attempted to steal the pills. Fitterer-Usher then pulled his firearm and shot Casper six times. While Bartlett and Creech fled from the gun fire, Holmberg sped off with Casper still in the vehicle. Several blocks later, Casper was pushed from the moving car and left to die.
Despite attempts by civilians and EMS to save him, Casper ultimately succumbed to his wounds. Local, state, and federal officers began an immediate investigation into Casper’s death. Despite attempts by Fitterer-Usher and Holmberg to conceal the crimes, they were both eventually located and arrested.
“The sentence imposed in this case, and in the multiple other prosecutions arising from this investigation, show that our office and our law enforcement partners will spare no effort in seeking justice against those who commit violence and distribute drugs in our communities,” said U.S. Attorney Hurwit.
"Amidst tragedy and unwarranted loss, the tenacity of our investigators and the relentless work by the U.S. Attorney brings justice for a grieving family and community,” said Colonel Kedrick Wills, Director of the Idaho State Police. “This unfortunate case serves as a solemn reminder of our commitment to uphold the rule of law and ensure those who violate it face consequences."
“The U.S. Postal Inspection Service will continue to aggressively investigate individuals like Holmberg who use the U.S. Mail in support of their criminal activities,” said Inspector in Charge Anthony Galetti. “This should also serve as a reminder to those who abuse our community by peddling dangerous narcotics; law enforcement will find you and bring you to justice. Cases like these don’t come together without collaboration between our federal, state, and local partners and we thank all agencies involved.”
“This incident is another sad example of the death and despair that fentanyl brings to our communities but also shows the resolve of DEA and our federal, state, and local partners in bringing evildoers to justice,” said David F. Reames, Special Agent in Charge, DEA Seattle Field Division.
Fitterer-Usher was also charged federally with conspiracy to distribute a controlled substance and discharge of a firearm in furtherance of a drug trafficking crime. He was previously sentenced by Senior U.S. District Judge B. Lynn Winmill in December of 2022 to more than 14 years of federal prison time.
Bartlett and Creech were both prosecuted by the state of Idaho for attempted robbery. Bartlett was sentenced to a suspended sentence of 5 years fixed, followed by 7 years indeterminate and was placed on probation after completing a rider. Creech was sentenced to an imposed sentence of 4 years fixed, followed by 11 years indeterminate and is currently serving his time in the Idaho Department of Corrections.
As part of their investigation, officers learned that Holmberg had been selling fentanyl-laced pills for several months via social media websites, including SnapChat. The investigation revealed Holmberg had delivered fentanyl pills to Michael Stabile, a 15-year-old, Lake City High School student in Coeur d’Alene. On May 10, 2021, Michael Stabile overdosed and died from fentanyl poisoning. Stabile’s death was one of several reasons that U.S. District Judge Amanda K. Brailsford sentenced Holmberg to 228 months in federal prison. Holmberg, upon completion of his prison sentence, was also ordered to serve an additional three years of supervised release.
The investigation also resulted in the arrest and prosecution of multiple individuals in Washington and Arizona who were involved in obtaining tens of thousands of fentanyl pills from a source in Mexico, via Arizona, and distributing those pills in Washington and North Idaho.
Fentanyl is a synthetic opioid that is 50-100 times stronger than morphine. Pharmaceutical fentanyl was developed for severe pain management and prescribed in the form of transdermal patches or lozenges. While prescription fentanyl can be diverted for misuse, most cases of fentanyl-related overdoses in the U.S. are linked to illegally made fentanyl that is sold through illicit drug markets for its heroin-like effect.
Idaho in general has seen a massive influx of these pills in the last several years. The pills are mass-produced by criminal drug networks and falsely marketed as legitimate prescription pills. The pills are made to look like prescription opioids such as oxycodone (Oxycontin, Percocet), hydrocodone (Vicodin), and alprazolam (Xanax); or stimulants like amphetamines (Adderall). It is difficult to tell the difference between an authentic pill and a counterfeit pill.
U.S. Attorney Hurwit commended the cooperative efforts of the Coeur d’Alene Police Department, Kootenai County Prosecuting Attorney’s Office, Kootenai County Sheriff’s Office, Liberty Lake Police Department, U.S. Postal Inspection Service, Bureau of Indian Affairs, U.S. Border Patrol, Drug Enforcement Administration, and the Idaho State Police, which led to charges. He also commended the work of other agencies who participated and assisted in the investigation of the sources of supply, which resulted in the arrest and conviction of multiple individuals in Washington and Arizona. Agencies who assisted include the U.S. Attorney’s Office for the Eastern District of Washington, Lakewood Police Department, Medford Police Department, Siskiyou County Sheriff’s Office, Centralia Police Department, Chehalis Police Department, Shoshone County Sherriff’s Office, Washington Department of Corrections, United States Marshals Service, Bureau of Alcohol, Tobacco, Firearms and Explosives, DEA Centralia Post of Duty, and certain DEA Task Forces: JNET, Tucson Strike Force, and Phoenix Group 16 DEALERS.
These prosecutions are a part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
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Drug Dealers Who Dangerously Fled from Law Enforcement Prosecuted in Federal CourtRead the Press Release
POCATELLO and BOISE – Today, U.S. Attorney Josh Hurwit announced the progress in two cases in which two separate Idaho men dangerously fled from law enforcement to avoid investigation into their drug trafficking activities.
In the first case, Theodore Maynard Hamann, 40, of Pocatello, was sentenced to 130 months in federal prison for drug trafficking. On December 21, 2021, Hamman was arrested after hitting an Idaho State Trooper with his vehicle and leading law enforcement officers on a high-speed chase while transporting three pounds of methamphetamine.
According to court records, Hamann was driving a white pickup truck when he was pulled over by an Idaho State Police Trooper. During the traffic stop, the trooper explained that investigators would be searching his vehicle due to information they received from one of the passengers. Before the trooper finished his comment, Hamann put the vehicle in drive and sped away striking the trooper with his vehicle. Assisting officers pursued Hamann and eventually apprehended him. Officers later searched Hamann’s vehicle and found over three pounds of methamphetamine that he intended to distribute to another person. The advisory sentencing guideline applicable to Hamann was increased because he recklessly placed the trooper and the public in danger when he fled from police. United States Chief District Judge David C. Nye, who sentenced Hamann, considered the advisory sentencing guideline when imposing the sentence.
U.S. Attorney Hurwit commended the investigations by the Idaho State Police, Bannock County Sheriff’s Office, Pocatello Police Department, and the Drug Enforcement Administration (DEA), which led to the charges in the Hamann case.
In a separate case, Robert Dean Glenn, 48, of Nampa, pleaded guilty to possession with intent to distribute methamphetamine in connection with a January 10, 2023 incident in which he fled from a Nampa Police Officer during a routine traffic stop.
According to court records, Glenn jumped out of a moving vehicle during a traffic stop in an attempt to flee from law enforcement. After a foot pursuit through a grocery store parking lot, a Nampa Police Department patrol officer was able to apprehend Glenn. The officer searched Glenn and found nearly one pound of methamphetamine taped to his ankle. The bag holding the methamphetamine had a hole in it and spilled methamphetamine in a serpentine-like path through the grocery store parking lot when Glenn had run from police. Officers secured the scene and collected the methamphetamine scattered throughout the parking lot.
Glenn is scheduled to be sentenced on October 3, 2023, and faces a statutory mandatory minimum sentence of at least five years and a maximum sentence of 40 years in federal prison, a fine of up to five million dollars, and at least four years of supervised release. A federal district court judge will determine Glenn’s sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Hurwit commended the work of the Nampa Police Department, which led to the charges in the Glenn case.
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Idaho Falls Man Sentenced to 8 Years in Federal Prison for Possession with the Intent to Distribute MethamphetamineRead the Press Release
POCATELLO – Stephen Carston Wells, 27, of Idaho Falls, was sentenced to 96 months in federal prison for possession with the intent to distribute methamphetamine, U.S. Attorney Josh Hurwit announced today.
According to court records, on August 18, 2022, Idaho Falls Police responded to a welfare check in Idaho Falls and found Wells passed out in his vehicle. Wells informed law enforcement that he had “a little bit of weed,” in his vehicle. Law enforcement then searched the Wells vehicle. While searching Wells vehicle law enforcement found 459 grams of methamphetamine, 6 grams of cocaine, 7.7 grams of marijuana, 13.9 grams of THC oil, a loaded .45 caliber pistol, a loaded AR‑15 rifle, and additional loaded AR-15 magazines.
Senior U.S. District Judge B. Lynn Winmill imposed the sentence and also ordered Wells to serve five years of supervised release following his prison sentence. Wells pleaded guilty to the charge on April 24, 2023
U.S. Attorney Hurwit commended the Idaho Falls Police Department for their work on the case.
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Chicago Man Sentenced 46 Months for Bank Fraud ConspiracyRead the Press Release
BOISE – Elijah A. Johnson, 32, of Chicago, Illinois, was sentenced to 46 months in federal prison for conspiracy to commit bank fraud, announced U.S. Attorney Josh Hurwit. U.S. District Judge Amanda K. Brailsford imposed the sentence and also ordered Johnson to serve five years of supervised release following his prison sentence.
According to court records, from March 2019 through March 2022, Johnson was part a bank fraud conspiracy that obtained victim bank account information, impersonated account holders, and created and cashed counterfeit checks to obtain money. On part of the conspiracy, Johnson recruited check cashers, drove check cashers, and organized counterfeit check-cashing trips to other states. He has travelled to numerous states to facilitate the conspiracy, including Idaho, Minnesota, Ohio, California, Tennessee, Indiana, and Pennsylvania.
Johnson traveled with at least six-co-conspirators to Idaho on May 5, 2020. Johnson drove and assisted other co-conspirators in cashing and attempting to cash counterfeit checks in Idaho between May 6 and 8, 2020. On May 6, Johnson assisted co-conspirators in successfully cashing nine counterfeit checks, totaling $47,054.41. On May 8, the Defendant assisted two co‑conspirators in attempting to cash checks and successfully cashing a third check at another bank, totaling $13,710.96.
Johnson’s six co-conspirators have been charged in two related cases. Four co-conspirators were previously charged and sentenced in another case. Johnson’s co-conspirator Billy A. Guidry pleaded guilty to conspiracy to commit bank fraud and is set for sentencing on August 8, 2023.
U.S. Attorney Hurwit credited the collective efforts of a geographically-diverse set of law enforcement agencies for this successful investigation: in Idaho, the Federal Bureau of Investigation, the Social Security Administration Office of the Inspector General, the Ada County Sheriff’s Office, the Boise Police Department, the Garden City Police Department, the Meridian Police Department, and the Nampa Police Department; and outside of Idaho, the Chicago Police Department, the Ellisville Police Department, the Fort Atkinson Police Department, the Gahanna Police Department, the Johnson Creek Police Department, the Montgomery Township Police Department, the Normal Police Department, the Peoria County Sheriff’s Office, the Redwood City Police Department, the San Mateo County Sheriff’s Office, the Sioux Falls Police Department, the Stockton Police Department, the Waltham Police Department, and the Wellesley Police Department.
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Fentanyl Traffickers in East Idaho Sentenced to Federal PrisonRead the Press Release
POCATELLO – U.S. Attorney for the District of Idaho Josh Hurwit announced the result of two separate fentanyl trafficking cases in Eastern Idaho today. An Arizona man was sentenced to nine years in federal prison for conspiracy to distribute fentanyl. Additionally, a Pocatello man was sentenced to three years in federal prison for assisting in the distribution of methamphetamine and fentanyl.
On July 11, 2023, Senior U.S. District Judge B. Lynn Winmill sentenced Marco Antonio Osuna, 28, of Tuscon, Arizona, to nine years in in federal prison with five years of supervised release to follow. According to court records, Osuna was initially arrested on August 7, 2022, after officers with the Pocatello Police Department contacted Osuna and found nearly 6,000 pills containing fentanyl in his possession, as well as two firearms. Osuna was also linked to a canister containing 3,000 fentanyl pills that was found on the popular Lower City Creek Trail recreation area. Osuna pleaded guilty to the charge on January 19, 2023.
In a separate case, Derek Ross, 41, of Pocatello, was initially arrested on March 20, 2022, after detectives with the Pocatello Police Department, along with other members of the BADGES Task Force, initiated a traffic stop on a vehicle in which Ross was a passenger. Levi McGraw, 32, of American Falls, was the driver. Task force officers executed a search warrant on the vehicle and located three pounds of methamphetamine, 4,000 fentanyl pills, and two firearms.
On July 11, 2023, Judge Winmill sentenced Ross to three years in federal prison with five years of supervised release to follow for his role in assisting in the offense. Ross pleaded guilty to the charge on April 10, 2023. On May 22, 2023, McGraw was sentenced by Judge Winmill to ten years in federal prison with five years of supervised release to follow. McGraw pleaded guilty to the charge on January 9, 2023.
U.S. Attorney Hurwit commended the cooperative efforts of the Pocatello Police Department and Idaho State Police, both of whom are members of the BADGES Task Force, which led to the charges.
The BADGES Task Force is a multi-jurisdictional narcotics task force that identifies, disrupts, and dismantles local, multi-state, and international drug trafficking organizations using intelligence-driven, multi-agency prosecutor-supported approach. BADGES Task Force is supported by the Oregon-Idaho High-Intensity Drug Trafficking Area (HIDTA) which is composed of members from the Idaho State Police, Pocatello Police Department, Bannock County Sheriff’s Department, Chubbuck Police Department, and the Drug Enforcement Administration.
These cases were handled by the U.S. Attorney Office’s specially deputized Special Assistant U.S. Attorney (SAUSA), funded by the Eastern Idaho Partnership (EIP) and the State of Idaho. The EIP is a coalition of local city and county officials in eastern Idaho as well as the Idaho Department of Correction.
The EIP SAUSA program allows law enforcement to utilize the federal criminal justice system – through the EIP SAUSA – to prosecute, convict, and sentence violent, armed criminals and drug traffickers. These criminals often receive stiffer penalties than they might in state courts.
This program was created in January 2016. Since that time, approximately 200 defendants have been indicted by the EIP SAUSA. Of these defendants, 146 have been indicted on drug trafficking charges. The defendants indicted under the program have been sentenced to 10,109 months (approximately 842.41 years) in federal prison, representing an average prison sentence of 56 months (4.66 years). Defendants indicted for drug trafficking offenses serve, on average, approximately 62 months (5.16 years) in federal prison.
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Boise Man Sentenced on Federal Gun CrimeRead the Press Release
BOISE – Jeffrey Eldridge, 57, of Boise, was sentenced to 18 months in federal prison for the unlawful possession of firearms, announced U.S. Attorney Josh Hurwit. U.S. District Judge Amanda K. Brailsford also ordered Eldridge to serve three years of supervised release following his prison sentence.
According to court records, Eldridge was involuntarily committed to an Idaho State hospital in 2016. In that proceeding, a state magistrate judge found Eldridge "gravely" disabled due to mental illness. Because of this involuntary commitment, Eldridge could not lawfully possess firearms under federal law and was subsequently notified of this firearms disability.
Eldridge has a history of mental illness and delusions where he believes others are attempting to harm him. On January 11, 2023, two officers responded to Eldridge’s residence in Boise to take him into custody for a mental evaluation. During the contact, officers located ten firearms in the home and approximately 1,300 rounds of ammunition.
“The unlawful possession of firearms by those with mental illnesses present a public safety risk that cannot be ignored,” said U.S. Attorney Hurwit. “This case exemplifies the collaborative work of our Project Safe Neighborhoods program, where local police cooperatively worked with federal counterparts.”
U.S. Attorney Hurwit credited the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Boise Police Department for their collective efforts on the case.
This case was prosecuted as part of the Department of Justice’s Project Safe Neighborhoods (PSN) program. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Justice Department Announces Settlement with J.R. Simplot to Improve Hazardous Waste Management and Reduce Emissions at Idaho FacilityRead the Press Release
BOISE – The Justice Department and the U.S. Environmental Protection Agency today announced a settlement with J.R. Simplot Company involving Simplot’s Don Plant manufacturing facility located near Pocatello, Idaho.
The settlement resolves allegations primarily under the Resource Conservation and Recovery Act (RCRA) at the facility, including that Simplot failed to properly identify and manage certain waste streams as hazardous wastes. The settlement requires Simplot to implement process modifications designed to enable greater recovery and reuse of phosphate, a valuable resource. The settlement also requires Simplot to ensure that financial resources will be available when the time comes for environmentally sound closure of the facility. Simplot will also pay a civil penalty of $1.5 million.
“After our 2020 settlement with Simplot’s phosphoric acid and fertilizer plant in Wyoming, we are pleased to reach this settlement with Simplot’s other major phosphoric acid and fertilizer operation at the Don Plant in Pocatello, Idaho,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “This proposed consent decree will comprehensively address the waste management, air emissions and reporting issues EPA identified with respect to the Don Plant’s operations.”
Simplot’s Don Plant facility manufactures phosphate products for agriculture and industry, including phosphoric acid and phosphate fertilizer, through processes that generate large quantities of acidic wastewater and a solid material called phosphogypsum. The phosphogypsum is deposited in a large pile known as a gypstack, and acidic wastewater is discharged to the gypstack. The gypstack, which has a capacity to hold several billion gallons of acidic wastewater, was fully lined in 2017 in accordance with a previous consent orders Simplot entered into with the State of Idaho and the United States.
The settlement also resolves alleged violations of the Clean Air Act (CAA) that relate to fluoride emissions from the facility, and of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Emergency Planning and Community Right-to-Know Act (EPCRA) that relate to reporting and notification requirements for hazardous substances and toxic chemicals.
“This is an important settlement which reduces the environmental impacts from one of the leading fertilizer manufacturers,” said Acting Assistant Administrator Larry Starfield of the EPA Office of Enforcement and Compliance Assurance. “This settlement advances EPA’s goals by creating environmentally beneficial waste management practices and ensures that the U.S. taxpayer will not be responsible for future costs associated with closure of this facility. Additionally, this settlement ensures that any future expansion of Simplot’s operations will be conducted according to strict requirements to minimize impacts to surrounding communities, including the Fort Hall Indian Reservation.”
Under the settlement, Simplot agrees to implement specific waste management measures it has valued at nearly $150 million. Significantly, these measures include extensive new efforts to recover and reuse the phosphate content within these wastes and avoid their disposal in the gypstack. Simplot will implement requirements that ensure gypstack stability and containment that will protect the environment even should climate change result in more severe weather events. The settlement also includes a detailed plan setting the terms for the future closure and long-term care of the gypstack. The settlement requires Simplot to immediately secure and maintain approximately $108 million in dedicated financing to ensure that funding will be available when the facility is eventually closed.
Simplot also agrees to cease operation of the facility’s cooling towers no later than June 27, 2026, and replace them with one or more newly constructed cooling ponds, which will significantly reduce fluoride emissions to the air. Additionally, Simplot agrees to submit revised Toxic Release Inventory forms for the years 2004-2013 that include estimates of certain metal compounds manufactured, processed or otherwise used at the facility.
In addition to paying the $1.5 million civil penalty, Simplot is providing $200,000 in funding for environmental mitigation work that will be administered by the Idaho Department of Environmental Quality in conjunction with the City of Pocatello and the Shoshone-Bannock Tribes. The mitigation work will address habitat degradation on the Portneuf River that has resulted in part from excess phosphorus releases, especially from the facility’s formerly unlined gypstack.
“This settlement will bring important benefits to Idaho and the communities that have been affected by the Don Plant’s operations,” said Josh Hurwit, U.S. Attorney for the District of Idaho. “We are grateful that our state partner, the Idaho Department of Environmental Quality, helped formulate and will oversee work that Simplot will fund to mitigate the impacts of its phosphate operations on water quality and the environment along the Portneuf River, working in cooperation with both the Shoshone-Bannock Tribes and the City of Pocatello.”
EPA previously required through judicial and administrative settlements at 14 phosphate fertilizer facilities across the U.S. extensive injunctive relief, requiring the companies to establish financial assurance and bring their operations into compliance with RCRA.
A consent decree formalizing the settlement was lodged today in the U.S. District Court for Idaho and is subject to a 30-day public comment period and approval by the federal court.
For a copy of the consent decree, visit www.justice.gov/enrd/consent-decrees.
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U.S. Attorney Hurwit Releases Public Service Announcement to Highlight Renewed Focus on Violent Crime in Canyon CountyRead the Press Release
BOISE – Today, U.S. Attorney Josh Hurwit, along with the Nampa Police Department, the Caldwell Police Department, the Canyon County Sheriff’s Office, and the Federal Bureau of Investigation, released a public service announcement, available here, about rising violent crime in Canyon County. The PSA highlights the work of the Treasure Valley Metro Violent Crimes Task Force, which is comprised of FBI agents, sheriff deputies, and police officers and works directly with prosecutors at the U.S. Attorney’s Office as well as the Canyon County Prosecutor’s Office. In the PSA, U.S. Attorney Hurwit also explains that convictions for federal crimes generally mean tougher sentences and no parole.
“Our mission is public safety. This means eliminating violent crime in every single neighborhood,” said U.S. Attorney Hurwit. “My office always prioritizes prosecuting those who, through their violent acts, show no regard for the safety of others. This mission is critical in Canyon County, and I hope this PSA will encourage community members to work with law enforcement to address this threat to us all.”
“To help ensure safety in Canyon County, we must work together with our law enforcement partners and community members,” said Joe Huff, Nampa Chief of Police. “One of our core values at the Nampa Police Department is teamwork and we practice it every day in many ways to include crime prevention and in solving crimes.”
“Crime knows no borders and we are better together,” said Rex R. Ingram, Caldwell Chief of Police. “We are unified in numbers with a common goal of keeping Idaho a safe place for people to live, work and play.”
“The Canyon County Sheriff’s Office was a founding member of the Treasure Valley Metro Violent Crimes and Gang Task Force when it first began back in 2005. In the last 18 years, the Task Force has been a vital tool in our fight against violent criminals, gangs, and transcontinental criminal organizations (TCOs) like the Sinaloa and Jalisco New Generation Cartels in the Treasure Valley,” said Kieran Donahue, Canyon County Sheriff. “To date, this partnership between local and federal law enforcement agencies has led to over 600 indictments and taken hundreds of violent criminals off our streets. But our work is far from over. We must continue to be vigilant in our pursuit of violent criminals, gang members, and TCOs, who in addition to committing violent crimes, distribute unprecedented amounts of dangerous drugs like methamphetamine and fentanyl to our residents. These people have no place in our community.”
The FBI and Canyon County law enforcement report an increase in gang-related shootings and drive-by shootings in the recent months. Law enforcement is also seeing an increase in possession of firearms by prohibited individuals in Canyon County. The U.S. Attorney’s Office has made prosecution of crimes involving violent offenders a top priority. From previous years, the office projects an approximate 50% increase in prosecutions of individuals stemming from Treasure Valley Metro Violent Crimes Task Force investigations.
The Task Force focuses on local violent crime and gang activity and is comprised of federal, state, and local agencies, including the Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; Caldwell Police Department; Canyon County Sheriff’s Office; and the Idaho Department of Correction.
The following recent federal cases illustrate the Task Force’s work:
- Isaac Bright, 29, of Nampa. Bright was a documented member of Latin Kings gang with an extensive criminal history. On January 29, 2022, a police officer with the Wilder Police Department attempted to conduct a traffic stop on a vehicle driven by Bright. Bright failed to stop, resulting in a high-speed pursuit. Bright was eventually arrested after discharging a firearm at the officer. He pleaded guilty to unlawful possession of a firearm and was sentenced on February 14, 2023 to ten years in federal prison.
- Jordan Khan, 27, of Washington. Khan moved to the Treasure Valley in 2021, after being released from Washington state prison for unlawful possession of a firearm, possession of a controlled substance, and taking a vehicle without permission. He has an extensive criminal history. On January 27, 2022, United States Marshals were searching for a wanted fugitive believed to be at Khan’s residence. During the search, Khan was found in possession of a .40 caliber pistol and trafficking amounts of fentanyl. He pleaded guilty to unlawful possession of a firearm and possession with intent to distribute fentanyl and was sentenced on March 14, 2023, to 98 months in federal prison.
- Steven Thornhill, 41, of Nampa. On January 12, 2022, Thornhill was arrested by officers with the Nampa Police Department. Thornhill had methamphetamine and a firearm in his possession. He pleaded guilty to possession with intent to distribute methamphetamine and was sentenced on March 20, 2023, to 80 months in federal prison. Thornhill had an extensive criminal history including prior convictions for unlawfully possessing firearms and burglary. At the time of the instant offense, Thornhill was still on probation for two burglary convictions.
In addition to the Treasure Valley Metro Violent Crimes Task Force, the Wilder Police Department and the U.S. Marshals Service participated in these cases. These cases were prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership and the State of Idaho to address gang crimes. The Treasure Valley Partnership is comprised of a group of elected officials in southwest Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth. For more information, visit www.treasurevalleypartners.org.
U.S. Attorney Hurwit expressed his gratitude to all the law enforcement agencies who support the Treasure Valley Metro Violent Crimes Task Force and to the individual prosecutors and task force investigators who are achieving justice through their hard work and professionalism.
Anyone with information about violent crime or illegal activity can call (208) 344-7843.
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Drug Smuggler Sentenced to 10 Years PrisonRead the Press Release
COEUR D'ALENE – Dalila Miller, 39, of San Diego, California, was sentenced to 10 years in federal prison for conspiracy to distribute methamphetamine and cocaine, U.S. Attorney Josh Hurwit announced today.
According to court records, on October 23, 2020, U.S. Border Patrol agents spotted Miller’s vehicle in a remote area in North Idaho near the U.S. and Canadian Border. Agents from both the U.S. and Canada responded to the area. When U.S. Border Patrol arrived at the location Miller’s vehicle was initially seen, they located two men standing near bags containing 227 pounds of methamphetamine and cocaine. The two men immediately fled into Canada leaving the bags behind. U.S. Border Patrol agents eventually tracked down and stopped Miller in her vehicle leaving the area and Royal Canadian Mounted Police (RCMP) tracked down and arrested the two men who had fled into Canada after running from U.S. Border Patrol. The men arrested by the RCMP were identified as Lawrence Edward Dwyer of Cranbrook, British Columbia, and Jason Cyrus Arkinstall, of Mission City, British Columbia. Arkinstall is a member of the Mission City chapter of the Hells Angels Motorcycle Club. Both Arkinstall and Dwyer were prosecuted in Canada for their involvement in the incident.
Miller was indicted in federal court in the District of Idaho for her role in the offense. She pleaded guilty in December 2022 to conspiracy to distribute methamphetamine and cocaine. Law enforcement’s investigation showed that Miller had traveled from the Seattle, Washington area with the bags containing methamphetamine and cocaine and dropped them off at the border where it was to be packed across into Canada.
Miller was sentenced by Chief District Judge David C. Nye on Wednesday June 28, 2023, in
Coeur d’Alene, Idaho. Upon completion of her prison time, Miller was also ordered to serve an additional five years of supervised release.
U.S. Attorney Hurwit, of the District of Idaho, credited the cooperative efforts of the Drug Enforcement Administration, the U.S. Border Patrol, Boundary County Sheriff’s Office, Idaho State Police, and the Royal Canadian Mounted Police, which led to the charges.
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U.S. Attorney’s Office Participates in Coordinated National Health Care Fraud Enforcement ActionRead the Press Release
BOISE – U.S. Attorney Josh Hurwit announced criminal charges against two defendants today as part of the Department of Justice’s 2023 National Health Care Fraud Enforcement Action. This two-week nationwide law enforcement action resulted in criminal charges against 78 defendants for their alleged participation in health care fraud and opioid abuse schemes that included over $2.5 billion in alleged fraud.
In the Idaho case, a federal grand jury in Boise returned an indictment charging nurse practitioner Angela Kathryn Hughes, 49, of Boise, and Sydney L. Neal, 37, of Boise with conspiracy to distribute controlled substances. Hughes was also charged with distribution of controlled substances. The indictment alleges that from January 2022 through March 2023, Hughes and Neal conspired to distribute oxycodone, oxycodone acetaminophen, and hydrocodone acetaminophen outside the scope of professional practice and not for a legitimate medical purpose. In addition, the indictment alleges that Hughes distributed hydrocodone acetaminophen to Neal on two occasions and oxycodone to another person on a third occasion.
The trial is scheduled for August 28, 2023, before Senior U.S. District Court Judge B. Lynn Winmill of the U.S. District Court for the District of Idaho. If convicted, the defendants face a maximum of 20 years in federal prison. A federal district court judge would determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
“These enforcement actions, including against one of the largest health care fraud schemes ever prosecuted by the Justice Department, represent our intensified efforts to combat fraud and prosecute the individuals who profit from it,” said Attorney General Merrick B. Garland. “The Justice Department will find and bring to justice criminals who seek to defraud Americans and steal from taxpayer-funded programs.”
“This nationwide enforcement action demonstrates that the Criminal Division is committed to fighting health care fraud and opioid abuse by prosecuting those who allegedly exploit patients and health care benefit programs for personal gain,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “Today’s announcement includes some of the largest and most complex cases that the Department has prosecuted, and demonstrates the Department’s commitment to seeking justice for those at all levels of the healthcare industry who put profits above patient care, from professionals in doctors’ offices to executives in corporate boardrooms.”
“Unlawful prescription schemes not only steal taxpayer dollars, but they also can cause addiction and physical harm to patients and the community,” said U.S. Attorney Hurwit. “Health care providers should never start down the path of fraud and unlawful prescription drug distribution. We won’t tolerate it, and I’m grateful for the Boise Police Department’s collaboration with our federal law enforcement partners to investigate the case we announced today.”
“Medical professionals who take advantage of their credentials to illegitimately prescribe controlled substances violate the principles of their profession and put the health and safety of others at risk,” said Steven J. Ryan, Special Agent in Charge at the Department of Health and Human Services, Office of Inspector General (HHS-OIG). “HHS-OIG remains steadfast in our commitment to protecting the health and safety of American communities and holding accountable those who undermine efforts to curb the opioid crisis.”
“The DEA, in partnership with Health and Human Services-Office of the Inspector General (HHS-OIG) and the Boise Police Department (BPD), remain steadfast in our commitment to ensure prescription drugs are not illegally diverted from the supply chain in an effort to continue the fight to reduce the overwhelming drug poisonings occurring across the United States,” said David F. Reames, Special Agent in Charge, DEA Seattle Field Division. “These indictments and subsequent arrests are part of that effort to curb this drug poisoning epidemic and bring those to justice who knowingly and intentionally misuse their DEA registrations.”
U.S. Attorney Hurwit credited the cooperative efforts of the Boise Police Department, Health & Human Services, Office of Inspector General, and Drug Enforcement Administration which led to the charges.
Idaho patients impacted by this service disruption experiencing a behavioral health crises can contact the 988 telephone hotline. Additionally, Idaho patients can contact 211 for questions regarding access to treatment services, primary care, and where to obtain naloxone.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Boise Man Convicted of Three Attempted Sex Crimes Against ChildrenRead the Press Release
POCATELLO – A federal jury convicted Mohammad Ali Alizadah Nawai, 45, of Boise for three attempted sex crimes, U.S. Attorney Josh Hurwit announced. The counts of conviction were (1) attempted transfer of obscene material to a minor, (2) sexual exploitation of a child, and (3) coercion and enticement. The crimes reflect the defendant’s attempted transfer of obscene matters to a child under 16 years of age, the attempted production of child pornography, and the attempted persuasion of a child to meet for sexual intercourse. Senior U.S. District Judge B. Lynn Winmill presided over the trial, which began on June 20, and concluded with guilty verdicts on June 23.
According to court records and evidence presented at trial, Nawai communicated with an undercover detective posing as a 13-year-old child on an online dating program. The detective was posing as a child to detect and investigate online offenders seeking children. Nawai, after being told the apparent child’s age, requested that the child produce sexually explicit content. Nawai further sent the apparent child obscene materials, which included bestiality and images he represented as child pornography. Nawai also made arrangements to meet the child for sexual intercourse. He travelled from Boise to Rupert on June 23, 2021, where members of the Rupert Police Department promptly arrested him.
Nawai is scheduled to be sentenced on September 13, 2023 and faces a mandatory minimum penalty of 15 years and up to life in federal prison. Judge Winmill determine the sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Hurwit thanked the Rupert Police Department for its efforts, which led to the charges. The case was prosecuted by Assistant U.S. Attorneys David Robins and John Shirts.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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U.S. Attorney’s Office Announces Results of Recent Efforts to Crack Down on Gun Violence Throughout IdahoRead the Press Release
BOISE – U.S. Attorney Josh Hurwit announced today that, in the past week, eight individuals pleaded guilty or were sentenced in federal district court for firearms offenses and related drug trafficking offenses. These Idaho investigations are all part of the U.S. Attorney’s Office’s Project Safe Neighborhoods initiative, which is a key component of the Department of Justice violent crime reduction strategy.
The following defendants were sentenced within the past week:
- Jeffery Donald Manchester, 36, of Auburn, Washington, was sentenced to 57 months in federal prison for unlawful possession of a firearm, to be followed by three years of supervised release. Manchester sold a confidential informant an unlawfully‑possessed AK47 style rifle. Manchester possessed the firearm he sold to the confidential informant knowing that he had previously been convicted of several crimes punishable by a term of imprisonment exceeding one year. Those convictions included the manufacturing/delivery of a controlled substance in King County, Washington, drug trafficking in heroin and unlawful possession of a firearm in Ada County, Idaho, and conspiracy to distribute oxycodone and heroin in the Idaho.
- Anthony Erasmo Madrid, Sr., 45, of Nampa, was sentenced to 27 months in federal prison, for unlawful possession of a firearm, to be followed by three years of supervised release. Madrid sold a Remington 6mm rifle to a confidential informant for $500. Madrid was prohibited from possessing firearms due to a 2019 conviction for burglary. Madrid had previously been convicted of battery on two occasions, domestic battery on two occasions, forgery on two occasions, burglary on two occasions, violation of a no contact order, identity theft, possession of methamphetamine, and grand theft. At the time Madrid unlawfully possessed the firearm, he was under a criminal justice sentence in four separate cases.
- Gary Carl Partee, 39, who was squatting on public land outside of Mountain Home, was sentenced to 24 months in federal prison for unlawful possession of a firearm, to be followed by three years of supervised release. On August 4, 2022, Bureau of Land Management served a search warrant on a motorhome that had been illegally parked on public land for several months. At this time, Partee was living in a makeshift tent next to the motorhome, which was broken down. Law enforcement observed a rifle in a parked vehicle that Partee admitted to possessing. Partee also possessed a rattlesnake, which he kept in a box next to the motorhome, that he was ordered to release. Partee was prohibited from possessing firearms due to a 2017 conviction for delivery of a controlled substance. Partee had also previously been convicted of possession of a controlled substance, and possession of a controlled substance with intent to deliver. In 2016, he was charged with possessing prohibited wild animals for possessing a rattlesnake.
- Spencer Gibson, 32, of Nampa, was sentenced to 18 months in federal prison for dealing firearms without a license, to be followed by two years of supervised release. According to court records, between January 2020 and April 21, 2022, Gibson purchased and resold approximately 22 firearms with the principal objective of livelihood and profit. Gibson also sold an AR style rifle to an undercover agent with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Gibson is not a licensed firearms dealer and admitted knowing that his conduct was unlawful. One of the firearms sold by Gibson was transported out of state and used by another person to shoot and kill a police officer.
- Travis Johnson, 50, of Idaho Falls, was sentenced to four months of home detention, to be followed by three years of probation, and a $55,000.00 fine, for dealing firearms without a license. According to court records, between November 21, 2020, to June 7, 2021, Johnson sold approximately 15 firearms to another individual. Approximately five of those firearms were ordered by that individual and Johnson thereafter purchased and resold them to this customer. Johnson is not a licensed firearms dealer and admitted knowing that his conduct was unlawful. One of the firearms sold by Johnson was recovered in Los Angeles, California, 53 days after purchase, and seized as part of an investigation of criminal activity.
- Thomas Downs, 37, of Blythe, California, was sentenced to 136 months in federal prison for possession with intent to distribute methamphetamine, to be followed by five years of supervised release. According to court records, in April 2022, the Idaho State Police stopped Downs on the interstate for a traffic violation. During the traffic stop, troopers located four pounds of methamphetamine and a firearm in the vehicle. Law enforcement obtained a search warrant for Downs’s cell phone, which revealed additional evidence of drug trafficking, messages about acquiring firearms, and pictures of firearms. Downs has a criminal history that includes domestic violence and making threats.
In addition, the following defendants pleaded guilty in the past week:
- Shane Michael Bohn, 35, of Lewiston, Idaho, pleaded guilty to unlawful possession of firearms. Bohn was initially charged in November of 2022 after officers found multiple firearms at his residence. He was on probation at the time and had previously been convicted of aggravated assault. Bohn was prohibited from possessing firearms because of his prior conviction.
- Matthew Durham, 24, of Lewiston, Idaho, also pleaded guilty to unlawful possession of firearms. In December of 2022, Durham was in possession of a shotgun that was ultimately located and seized by officers. At the time Durham possessed the firearm, he had previously been convicted of possession of controlled substances, was on parole, and had an active civil protection order pending.
Bohn and Durham are now scheduled to be sentenced in October of 2023, and each faces a maximum penalty of 15 years in federal prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
“Reducing violent crime is a top priority for my Office,” said U.S. Attorney Hurwit. “Our law enforcement partners and prosecutors are very effective at identifying and removing from our streets those individuals who pose the greatest risk of violence in our communities. And I am grateful to our state and local partners who support our efforts and help us to better understand the particular issues in their communities. It’s all about maintaining our quality way of life throughout Idaho.”
“In almost every case highlighted here the individual knew that they were not supposed to possess firearms,” said ATF Seattle Special Agent in Charge Jonathan T. McPherson. “Further, some of these individuals were dealing in firearms illegally, and in one case it led to the murder of a police officer. We will never stop investigating those who are illegally possessing or illegally selling firearms.”
Project Safe Neighborhoods is an evidence-based program which has proven to be effective at reducing violent crime by engaging a broad spectrum of participants in identifying the most pressing violent crime problems in communities and developing comprehensive solutions that reduce crime. As part of this strategy, Project Safe Neighborhoods focuses on strategic enforcement of the most violent offenders and prevention and intervention efforts through community engagement and problem-solving partnerships. In 2021, the Department of Justice launched a violent crime reduction strategy strengthening Project Safe Neighborhoods based on these core principles: fostering trust and legitimacy in our communities, supporting community‑based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
In addition to the Project Safe Neighborhoods initiative, U.S. Attorney Hurwit has continued to strengthen programs sponsored by state and local partnerships.
- In Southwestern Idaho, the Treasure Valley Partnership and the State of Idaho hired a Special Assistant U.S. Attorney (SAUSA) to address gang crimes. This position, which was created in 2007, has been instrumental in combatting violent crime. 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.
- In Southeastern Idaho, a similar SAUSA position was created in 2016 by the Eastern Idaho Partnership (EIP) and the State of Idaho. The EIP is a coalition of local city and county officials in eastern Idaho.
- In North Idaho, the Nez Perce County Prosecuting Attorney’s Office has designated one of its Deputy Prosecuting Attorney’s as a SAUSA to work with the U.S. Attorney’s Office, including on the Bohm and Durham cases announced today
These SAUSA programs allow law enforcement to leverage the federal criminal justice system to prosecute, convict, and sentence violent, armed criminals, and drug traffickers. These criminals often receive significant penalties in federal prison that are served outside of Idaho, saving the State of Idaho millions of dollars as measured by what it would cost to prosecute and house these offenders through the state system.
The cases described above were investigated by various law enforcement agencies including the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Federal Bureau of Investigation (FBI), Bureau of Land Management (BLM), as well as other federal, state, and local partners.
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65-Year-Old Mountain Home Woman Sentenced for Conspiring to Launder Drug ProceedsRead the Press Release
BOISE – Laura Denise Russell, 65, of Mountain Home, was sentenced to 40 months in federal prison for conspiring to commit money laundering, U.S. Attorney Josh Hurwit announced today.
According to court records, Russell conspired with others, including her son Michael Osborn, 39, of Boise, to launder drug proceeds from approximately October 2019 until March 2021. During the conspiracy, codefendants Michael Osborn and Troy Thomas Wheeler, 48, of Meridian, were incarcerated in the Idaho Department of Corrections where they used contraband cellphones to facilitate the distribution of controlled substances including alpha-pyrrolidinohexanophenone, which is commonly referred to as a-PHP or “bath salts.” Russell’s role included retrieving drugs from the mail and providing them to others. She also collected drug proceeds from others, which were kept in her credit union account and also converted into Bitcoin and other cryptocurrencies. Russell and her codefendants knew the funds were drug proceeds and took steps to conceal the nature and source of the drug proceeds. During the investigation, law enforcement agents seized a digital wallet, pursuant to a court-authorized seizure warrant, that contained 7.83777 Bitcoin that was valued at approximately $280,000.
Chief U.S. District Judge David C. Nye sentenced Russell to serve two years of supervised release following her prison sentence and ordered the seized Bitcoin to be forfeited to the Government. Russell pleaded guilty to the crime on April 4, 2023.
Codefendant Angela Marie Klinkhamer, 44, of Caldwell, pleaded guilty to conspiring to distribute controlled substances and conspiring to commit money laundering on November 28, 2022. She was sentenced to 70 months in prison on March 16, 2023. Michael Robert Osborn, 39, of Boise, pleaded guilty to conspiring to distribute controlled substances and conspiring to commit money laundering on April 26, 2023, and he is scheduled for sentencing on September 12, 2023. Troy Thomas Wheeler, 48, of Meridian, pleaded guilty to conspiring to distribute controlled substances, and he is scheduled for sentencing on September 11, 2023.
“Drug traffickers may think that they can hide their activities or illegal proceeds using cryptocurrency. They are wrong,” said U.S. Attorney Hurwit. “This case shows that our law enforcement partners have the tools and tenacity to uncover all forms of money laundering, and we will not hesitate to prosecute even the most complex cases.”
“Success demands our dedication and continued commitment to working together,” said Special Agent in Charge Robert Hammer, who oversees HSI operations in the Pacific Northwest. “Every criminal case HSI investigates has a financial nexus and HSI, along with our partners, will stop at nothing to identify illicit financial activity and seize those proceeds.
“IRS Special Agents are experts in unraveling complex financial transactions and money laundering schemes involving cryptocurrencies,” said Andy Tsui, Special Agent in Charge, IRS Criminal Investigation Denver Field Office. “Today’s sentencing should serve as a reminder that CI and our law enforcement partners are relentless in our mission to dismantle drug trafficking organizations and bring these criminals to justice.”
U.S. Attorney Hurwit credited the cooperative efforts of Homeland Security Investigations, IRS – Criminal Investigation, U.S. Postal Inspection Service, and the Idaho Department of Corrections, which led to the charges.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
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Former Idaho Commercial Driver’s License Skills Tester Sentenced to 2 Years in Federal Prison for Taking Bribes in Exchange for Passing Test ScoresRead the Press Release
BOISE – Kelly Nathaniel Goodman, 72, of Gooding, Idaho, was sentenced to two years in federal prison for honest services wire fraud, U.S. Attorney Josh Hurwit announced today.
U.S. District Court Judge Amanda K. Brailsford imposed the sentence, which also requires Goodman to forfeit $38,000.
To obtain a commercial driver’s license (CDL) in Idaho, an applicant must, among other requirements, receive a passing score from a CDL skills test examiner. The Idaho Transportation Department (ITD) contracts with third-party CDL skills test examiners to administer CDL skills tests in Idaho.
According to court records, since the 1990s until late 2021, Goodman was an Idaho CDL skills test examiner. Between December 2017 and May 2020, Goodman engaged in a scheme and artifice to defraud ITD’s right to honest services while serving as an Idaho CDL skills tester. Without the knowledge or permission of ITD, Goodman accepted at least $38,000 in bribes in return for providing passing scores on Idaho CDL skills tests. Goodman specifically pleaded guilty to receiving a bribe on August 31, 2021, in return for giving an individual a passing score on an Idaho CDL skills test.
U.S. Attorney Hurwit credited the cooperative efforts of the Federal Bureau of Investigation and U.S. Department of Transportation—Office of Inspector General, which led to the charges.
Oregon Man Pleads Guilty to Hate Crime Charges for Bias-Motivated Attacks in BoiseRead the Press Release
BOISE – An Oregon man pleaded guilty in the U.S. District Court in Boise, Idaho, today to two federal hate crimes.
According to court records, on Oct. 8, 2022, while at the Boise Public Library Main Branch in downtown Boise, Matthew Alan Lehigh, 31, approached a transgender library employee, called her a slur, punched her, and threatened to stab her. A member of the library’s security staff intervened, and Lehigh fled into the parking lot. When the security guard attempted to speak to Lehigh in the parking lot, Lehigh got into a car and suddenly accelerated it toward the guard, intending to collide with him. The guard narrowly escaped being struck by jumping behind a concrete barricade at the last moment, and Lehigh fled the scene.
Four days later, while sitting in his car in a public parking lot elsewhere in Boise, Lehigh saw two women walking together towards another vehicle. Assuming that the women identified as lesbian, Lehigh began shouting threats and slurs at them, then suddenly accelerated his car toward the women, intending to collide with them. The women jumped out of the path of Lehigh’s oncoming car, which struck the other vehicle at significant speed.
The superseding information to which Lehigh pled guilty charges him with one felony violation of the Hate Crimes Prevention Act for the vehicular assault on the library security guard, and a second felony violation of Act for the vehicular assault on the two women.
As part of his plea agreement, Lehigh also admitted that he was responsible for three other instances of anti-LGBT vandalism and violence that occurred in Boise during early October 2022. Specifically, he admitted to setting fire to a rainbow-striped “pride” flag attached to a residential property in North Boise, breaking several windows at a commercial building jointly occupied by an LGBTQI+ community organization and an LGBTQI+-affirming religious congregation, and punching a grocery store customer after calling him an anti-LGBTQI+ slur.
“This defendant targeted strangers for terrifying attacks for no reason other than his perceptions of their sexual orientation,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “No one should live in fear of hate-fueled violence because of who they are. The Justice Department will continue to vigorously prosecute those who commit heinous acts of hate, and we are committed to protecting the rights of all Americans, including those in the LGBTQI+ community.”
“Everyone, no matter who they are, should be free from senseless violence,” said U.S. Attorney Josh Hurwit for the District of Idaho. “I am grateful to the Boise Police Department and the FBI for thoroughly and efficiently investigating this case. And I hope the victims are able to take solace in the fact that the defendant is being held accountable for his hateful and violent acts.”
“We will not tolerate violence fueled by hatred,” said Acting Special Agent in Charge Cheyvoryea Gibson of the FBI’s Salt Lake City Field Office. “The FBI is committed to working tirelessly with our law enforcement partners to guarantee that everyone, regardless of identity, sexual orientation, faith or disability, feels secure and protected in our communities.” Lehigh to faces between 37 and 45 months in prison, followed by three years of supervised release. The agreement also requires that Lehigh pay restitution to all victims and that he remains continuously under the care of a clinical psychiatrist upon his release from prison. A federal district court judge will determine any sentence based on the U.S. Sentencing Guidelines and other statutory factors.
The Boise Police Department and the Boise Resident Agency of the FBI Salt Lake City Field Office investigated the case.
Assistant Attorney General Clarke, U.S. Attorney Hurwit and Acting Special Agent in Charge Gibson made the announcement.
Assistant U.S. Attorney Katherine Horwitz for the District of Idaho and Trial Attorney Alec Ward of the Civil Rights Division’s Criminal Section are prosecuting the case.
If members of the public have information concerning hate crimes or wish to report a similar crime, they should contact the Federal Bureau of Investigation at (208) 344-7843 or the U.S. Attorney’s Office at (208) 334-1211.
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Pocatello Nurse Practitioner is Fined and Surrenders License for Unlawful Prescriptions and FraudRead the Press Release
BOISE – Rachel Peay-Goodman, a nurse practitioner in eastern Idaho, consented to judgment against her after admitting that she unlawfully prescribed controlled substances and submitted false claims to Medicare while working for AmeriHealth in Pocatello, announced U.S. Attorney Josh Hurwit. The judgment found Peay‑Goodman civilly liable for violating the Controlled Substances Act and the False Claims Act, and requires her to pay a $75,000 fine and surrender her DEA license.
According to a complaint by the United States, Peay-Goodman wrote prescriptions for dangerous combinations of drugs to at least one patient, including simultaneous prescriptions for oxycodone, lorazepam, alprazolam, and zolpidem tartrate. Peay-Goodman admitted that such prescriptions lacked a legitimate medical purpose and were written outside the usual course of professional practice. When prescribed together, opioids, benzodiazepines, and other sleeping medications can suppress the central nervous system and cause overdose. As part of the consent judgment, Peay‑Goodman also admitted to submitting at least one false claim to Medicare.
“Unlawful prescriptions for dangerous combinations of drugs leads to addiction, overdose, and pain for patients, families, and communities,” said U.S. Attorney Josh Hurwit, who announced the judgment. “This office will continue to hold prescribers accountable under the Controlled Substances Act when they write prescriptions that lack a legitimate medical purpose, and likewise, will continue to root-out fraud on Medicare and Medicaid.”
“Providers who put financial gain before the needs of their patients and prescribe dangerous amounts of controlled substances put their patients at severe risk of overdose and undermine important measures to curb the opioid crisis,” said Steven J. Ryan, Special Agent in Charge with the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG). “HHS-OIG will continue to work with our law enforcement partners to address this kind of abuse at every turn and protect American patients, communities, and taxpayers from such dangerous conduct.”
“Ms. Peay-Goodman betrayed the trust of her profession and those who sought her care,” said Jacob D. Galvan, Acting Special Agent in Charge, DEA Seattle Field Division. “By prescribing a deadly combination of drugs, Ms. Peay-Goodman compromised the health and safety of her patients. We will continue to investigate such conduct at every turn.”
This matter was investigated jointly by the U.S. Attorney’s Office for the District of Idaho, the U.S. Department of Health and Human Services, Office of the Inspector General, and the Drug Enforcement Administration, with additional assistance provided by the Idaho Board of Pharmacy.
For additional case information and publicly available court documents, see United States v. Rachel Peay-Goodman, 23-CV-00241 (CWD) (U.S. District Court for the District of Idaho).
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Two Pocatello Police Officers Honored in Justice Department’s Sixth Annual Attorney General’s Award for Distinguished Service in Community PolicingRead the Press Release
BOISE – Two Pocatello Police Department officers—Corporal Demetrius Amos and Patrolman First Class Mackenzie Handel—received the Attorney General’s Award for Distinguished Service in Community Policing at a ceremony presided over by Attorney General Merrick B. Garland on Monday in Washington, D.C. Corporal Amos and Patrolman Handel were two of only nineteen law enforcement officers and deputies from 15 jurisdictions across the country to receive this prestigious honor this year.
The Attorney General’s Award recognizes individual state, local, and Tribal sworn rank-and-file officers, deputies, and troopers for exceptional efforts in community policing. The awarded individuals have demonstrated active engagement with the community in one of three areas: criminal investigations, field operations, or innovations in community policing.
Pocatello Police Chief Roger Schei and Pocatello Mayor Brian Blad attended the ceremony along with representatives from the United States Attorney’s Office for the District of Idaho.
“Every day, law enforcement officers across the country are asked to respond to some of the most difficult, most dangerous, and most traumatic moments that our communities face,” said Attorney General Garland. “Today’s awardees exemplify the very best of the noble profession of policing.”
In May 2022, Officers Demetrius Amos and Mackenzie Handel and their trainees (new hires on just their third day with the Pocatello Police Department) responded to a domestic disturbance in which a man was threatening a woman and a child with a gun. When the officers and trainees arrived, the subject turned his rifle on them. Officer Amos fired twice, and the subject fled to an alley, took cover, and lay in wait to ambush them when they followed. When they did, he fired multiple rounds—gravely injuring Amos and then injuring Officer Handel, who had placed himself in the line of fire to protect his trainees. Handel was able to direct additional responding officers to the subject, who surrendered, and to guide a new hire in providing emergency medical care for Amos and himself. The subject was transported to a local hospital by ambulance; Amos and Handel were evacuated in patrol vehicles. Officer Handel’s selflessness and quick thinking resulted in his own injury but likely saved the lives of officers around him, including Officer Amos. Amos’s encouraging messages to his department through his period of recovery unquestionably improved morale among colleagues who had been affected by the incident.
“Corporal Amos and Patrolman Handel are extremely well-deserving of this honor,” said U.S. Attorney Josh Hurwit. “They responded with bravery and professionalism to protect the community from a cowardly act of violence. The officers that assisted them immediately after the shooting and, indeed, the entire Pocatello Police Department, also have our praise and gratitude. All of their actions during this traumatic event, and in its aftermath, represent the best of law enforcement and are a credit to Idaho.”
The Attorney General’s Award for Distinguished Service in Community Policing is made possible through the Department’s work with national law enforcement stakeholder groups, who play a vital role in the review process. The result is this annual awards program, which allows the Department to highlight a group of officers whose commitment to their communities is obvious through their exceptional efforts.
A list of award winners can be found here. Complete information on the Sixth Annual Attorney General’s Award for Distinguished Service in Community Policing can be found here.
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Former Idaho Farm Foreman Indicted for Wire Fraud, Extortion, and Filing False Tax ReturnsRead the Press Release
BOISE – A federal grand jury in Boise returned an indictment charging Ernesto Garibay Garza, 61, of Texas, with wire fraud, extortion, and filing false tax returns, U.S. Attorney Josh Hurwit announced today.
According to the indictment, Garza worked as a farm foreman in Idaho at least between 2005 and 2019, during which time he used H-2A agricultural workers, who lawfully enter the United States to perform agricultural labor or services on a temporary or seasonal basis, to further a scheme to defraud the farm and he also extorted the H-2A agricultural workers for annual cash payments. The indictment also charges Garza with filing false tax returns.
According to the indictment, Garza implemented the unlawful scheme while he worked as a supervisor and foreman for F.D.C. in Glenns Ferry. F.D.C. is an agricultural services company that operates farms throughout Idaho, including in Glenns Ferry. The farm employs H-2A agricultural workers each year from approximately March to November.
According to the indictment, beginning in approximately May 2005, Garza began defrauding F.D.C. by reporting more hours on timesheets than actually worked by the H-2A agricultural workers, then requiring the H-2A agricultural workers to pay back the hours that the H-2A agricultural workers did not work in cash to Garza every two weeks. Garza directed and caused another individual to collect cash from the H-2A agricultural workers. Garza informed the H-2A agricultural workers that they would not be allowed to return to F.D.C. the following year if they refused to remit the cash to Garza. Garza also obtained separate annual cash payments from H-2A agricultural workers as a condition of future employment, with their consent induced by wrongful threat of economic harm against H-2A rules and regulations.
Garza is scheduled for trial on July 10, 2023, before Chief U.S. District Judge David C. Nye of the U.S. District Court for the District of Idaho. If convicted, he faces a maximum of 20 years in federal prison.
U.S. Attorney Hurwit credited the cooperative efforts of the Idaho State Police and the Internal Revenue Service - Criminal Investigation, which led to the charges.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Nampa Man Sentenced to 30 Years in Federal Prison for Producing Child PornographyRead the Press Release
BOISE – Benjamin Morton, 39, of Nampa, was sentenced to 360 months in federal prison for sexual exploitation of a child, U.S. Attorney Josh Hurwit announced today.
According to court records, the investigation began when the Boise Police Department (BPD) received information that an adult male, pretending to be a juvenile online, had arranged to meet the 14-year-old victim. BPD later identified Morton as the suspect and determined that he had sexually abused the victim on two occasions and used his cellphone to record some of the abuse. BPD obtained a search warrant for one of Morton’s social media accounts and located a video that Morton had produced of himself engaging the victim in sexual contact. Within the account, BPD also located evidence that Morton had attempted to communicate with other juveniles. Morton was previously convicted in Canyon County of battery with intent to commit lewd conduct with a minor.
Chief U.S. District Judge David C. Nye also sentenced Morton to a lifetime of supervised release and entered an order forfeiting the cellphone he used to commit the offense. Morton will be required to register as a sex offender as a result of the conviction.
U.S. Attorney Hurwit commended the cooperative efforts of the Boise Police Department and the Nampa Police Department, which led to charges.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Federal Jury Convicts Pocatello Man of Sexual Exploitation of a Child and Receipt of Child PornographyRead the Press Release
POCATELLO – Yesterday, after a six-day trial, a federal jury convicted Trenton Powell, 43, of Pocatello, of eight counts of sexual exploitation of a child and three counts of receipt of child pornography, U.S. Attorney Josh Hurwit announced. Senior U.S. District Judge B. Lynn Winmill presided over the trial, which began on April 25, and concluded with guilty verdicts on May 2.
According to testimony and evidence presented at trial, Powell sexually abused the first victim for six years while living in Pocatello. Powell photographed the abuse with his iPhone. Years after the abuse ended, another of Powell’s victim reported the abuse to police. Police later seized Powell’s iPhone. After the phone was forensically examined, police recovered images of Powell sexually abusing the first victim. Both victims testified during the trial and confirmed that Powell was the man who molested them.
Powell is scheduled to be sentenced on August 15, 2023, before Judge Winmill at the federal courthouse in Pocatello. He faces a mandatory minimum of 15 years with a maximum of up to 300 years in federal prison. Judge Winmill will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Powell will be required to register as a sex offender as a result of the conviction.
“I am grateful that our office was able to prosecute this defendant for his heinous crimes and bring justice to the courageous victims,” said U.S. Attorney Hurwit. “We appreciate the jury’s service, which is especially difficult in a case like this. We stand ready to seek justice whenever our community and law enforcement partners uncover crimes against children.”
U.S. Attorney Hurwit credited the cooperative efforts of Homeland Security Investigations in Idaho Falls, the Idaho Falls Police Department, and the Pocatello Police Department, which led to the charges. The case was prosecuted by Assistant U.S. Attorneys John Shirts and Justin Paskett.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Two Southern Idaho Men Sentenced for Federal Drug CrimesRead the Press Release
BOISE – Two men from southern Idaho were sentenced to federal prison in separate drug trafficking cases, announced U.S. Attorney Josh Hurwit.
Steven Feller, 65, of Kuna, was sentenced to 114 months in federal prison for possession with intent to distribute methamphetamine. Senior U.S. District Judge B. Lynn Winmill also ordered Feller to serve five years of supervised release following his prison sentence.
According to court records, in July and August 2021, Feller sold methamphetamine to a confidential informant. In September 2021, law enforcement stopped Feller in Iron County, Utah. Feller was in possession of five pounds of methamphetamine that he intended to distribute in Idaho. In May 2022, law enforcement located a package containing drugs being shipped to Feller at his residence in Kuna. Law enforcement obtained and executed a search warrant on Feller’s residence and located approximately a pound and a half of methamphetamine and three firearms. Feller has a prior conviction for trafficking drugs.
In a separate case, Lawrence Eric Barnes, 42, of Twin Falls, was sentenced to 160 months in federal prison for possession with intent to distribute methamphetamine and fentanyl. Chief U.S. District Judge David C. Nye also ordered Barnes to serve five years of supervised release following his prison sentence
According to court records, during a traffic stop in Twin Falls County in June 2022, a Twin Falls County Sheriff’s Deputy seized 16 pounds of methamphetamine, 20 grams of fentanyl powder, 200 fentanyl pills, and a loaded .40 caliber handgun, from Barnes’ vehicle. Barnes was traveling from California with the intention of distributing the drugs in the Treasure Valley.
Barnes has an extensive criminal history, including convictions for domestic violence and controlled substance offenses. At the time of the instant offense, Barnes was on parole for trafficking in methamphetamine and attempted strangulation.
U.S. Attorney Hurwit credited the U.S. Postal Inspection Service, the Drug Enforcement Administration, the Idaho State Police, the Nampa Police Department, and the Ada County Sherriff’s Office for their collaborative work on the Feller case and commended the Twin Falls County Sheriff’s Office and the Drug Enforcement Administration for their work on the Barnes case.
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U.S. Attorney Josh Hurwit to Co-Sponsor United Against Hate Event at BSURead the Press Release
BOISE – U.S. Attorney Josh Hurwit along with Boise State University, the Anti-Defamation League (ADL) of the Pacific Northwest, and Congregation Ahavath Beth Israel are convening a United Against Hate meeting on April 26 at Albertsons Library at Boise State University in conjunction with the last day of the “Americans and the Holocaust” exhibition. The event is free and is open to the public. Registration is required to attend. Register here no later than Monday, April 24 at 5:00 p.m. Free parking for From History to Today: Shared Legacies, Shared Aspirations is available in the Liberal Arts parking lot (map).
United Against Hate is an initiative launched by the Department of Justice focused on improving efforts to combat hate crimes and hate incidents through relationship building at the local level. Through this endeavor, the Office seeks to create and strengthen trust and partnerships among law enforcement, community leaders, and residents.
“As Attorney General Garland has said, this is a moment for an all-hands-on-deck approach to combatting unlawful hate,” said U.S. Attorney Hurwit. “I look forward to meeting community members and hearing different perspectives on how we can work together to stand up to unlawful hate in Idaho.”
The April 26 event will include a presentation by U.S. Attorney Hurwit about hate crimes laws and reporting mechanisms followed by an hour-long community panel featuring leaders from the Jewish, Black, and Japanese American communities.
“For me, holding this event in conjunction with the ‘Americans and Holocaust’ exhibit is a great way to explore how difficult history can inspire a hopeful future,” said U.S. Attorney Hurwit. “I am grateful to BSU, the ADL of the Pacific Northwest, and Congregation Ahaveth Beth Israel for our collaboration.”
Congregation Ahavath Beth Israel###
Nampa Man Pleads Guilty to Federal Felony for Selling over $4.4 Million in Unapproved Steroid-Like DrugsRead the Press Release
BOISE – Michael Terry Little, 51, of Nampa, pleaded guilty to introduction of unapproved new drugs in interstate commerce, U.S. Attorney Josh Hurwit announced today.
According to court records, Little ran a business selling Selective Androgen Receptor Modulators (SARMs). Little primarily sold SARMs products via a website, https://sarm.tech under the name SARMTECH. SARMs are synthetic chemicals designed to mimic the effects of testosterone and other anabolic steroids. SARMs are “new drugs” under the Food, Drug, and Cosmetic Act (FDCA) and therefore not approved for sale. Little knew the SARMs products were not FDA approved.
Little manufactured his SARMs products at a business in Nampa. There, he processed the bulk ingredients he imported from China—encapsulating, bottling, and preparing them for shipment. To avoid government seizures of SARMs shipped to other countries, Little offered a stealth shipping option for an additional fee that intentionally mispackaged and falsely declared SARMs shipments as vitamins and supplements. Law enforcement made multiple undercover purchases of SARMs products from SARMTECH, including products containing Ostarine (MK-2866), Ligandrol (LGD-4033), and other SARMs compounds. Between March 2018 and January 2022, little sold at least $4,499,197.46 of SARMs products.
Little is scheduled to be sentenced on July 11, 2023 and faces a maximum penalty of three years in federal prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
“I am grateful to the team of attorneys and law enforcement agents who unraveled this illegal and dangerous scheme,” said U.S. Attorney Hurwit. “We are committed to protecting the public from those who sell unapproved drugs, especially when the ingredients used are imported from China without any way to verify their safety.”
“Unapproved drugs that are sold online present serious risks to consumers,” said Special Agent in Charge Robert M. Iwanicki, FDA Office of Criminal Investigations Los Angeles Field Office. “We will continue to investigate and bring to justice those whose actions threaten the public health.”
U.S. Attorney Hurwit credited the cooperative efforts of the Food and Drug Administration Office of Criminal Investigations, Homeland Security Investigations, and the U.S. Department of Commerce Bureau of Industry and Security Office of Export Enforcement, which led to the charges.
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McCall Man Sentenced to Prison for Illegal Timber Harvesting and Banned from All National Forest LandsRead the Press Release
BOISE – Richard Russell Kersten, 36, of McCall, Idaho, was sentenced to one month in federal prison for illegally harvesting timber from national forest lands, U.S. Attorney Josh Hurwit announced today. In addition, Kersten was ordered to pay the government $8,000 in restitution and banned from entering all National Forest System lands for a period of three years.
According to court records, beginning in late 2018, U.S. Forest Service officers received information about a group of individuals who were causing extensive natural resource damage in the Payette National Forest near McCall. These individuals were cutting and removing timber illegally and then selling it as firewood in the local communities. Through numerous investigative methods, officers learned that Kersten was acting as a “watchdog” for the group and was illegally removing trees and creating unauthorized roads and campsites in the forest. The investigation later expanded to include the Nez Perce and Boise National Forests.
The forests each have a fuelwood permit system that allows members of the community to lawfully cut a designated number of cords of firewood each year. The evidence showed, however, that Kersten was manipulating the fuel wood permit program and taking more than his permit allowed. This resulted in extensive natural resource damage to the forest.
“National forest lands are an Idaho treasure and provide recreation and resources for thousands of people each year,” said U.S. Attorney Hurwit. “Through close collaboration with our local, state, and federal law enforcement partners, we will protect these public lands so they can continue to be enjoyed by future generations.”
U.S. District Judge B. Lynn Winmill also sentenced Kersten to three years of supervised release, which will commence upon completion of his prison sentence. Kersten pleaded guilty to the crime on December 5, 2022, and was sentenced on April 3, 2023.
U.S. Attorney Josh D. Hurwit, of the District of Idaho, commended the cooperative efforts of the U.S. Forest Service, Bureau of Land Management, Idaho Department of Fish and Game, Idaho State Police, Adams County Sheriff’s Office, Valley County Sheriff’s Office, Idaho County Sheriff’s Office, and the McCall Police Department, which led to charges.
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Caldwell Man Sentenced to over 11 Years in Federal Prison for Possession of Child PornographyRead the Press Release
BOISE – Juan Salinas Jr., 48, of Caldwell, Idaho, was sentenced to 143 months in federal prison for possession of child pornography, U.S. Attorney Josh Hurwit announced today. Senior U.S. District Judge B. Lynn Winmill also sentenced Salinas to a lifetime of supervised release and entered an order forfeiting the electronic devices used to commit the offense. Salinas was ordered to pay $45,000 restitution to the victims in the images he possessed and will be required to register as a sex offender as a result of the conviction.
According to court records, the investigation began when Homeland Security Investigations (“HSI”) received a report that child pornography had been uploaded to a social media account that was later identified as belonging to Salinas. In March of 2022, HSI executed a federal search warrant at Salinas’ residence in Caldwell and seized a cellphone belonging to Salinas. During a forensic examination of the cellphone, HSI located hundreds of images and videos of child pornography, including files depicting infants and toddlers.
U.S. Attorney Hurwit, of the District of Idaho commended the cooperative efforts of Homeland Security Investigations, the Idaho Internet Crimes Against Children Task Force, the Caldwell Police Department, and Idaho Department of Corrections Probation and Parole, which led to charges.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. As part of Project Safe Childhood, the U.S. Attorney’s Office for the District of Idaho and the Idaho Attorney General’s Office partner to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Nampa Man Sentenced to 25 Years in Federal Prison for Producing Child PornographyRead the Press Release
BOISE – Troy Groene, 48, of Nampa, Idaho, was sentenced to 300 months in federal prison for sexual exploitation of a child, U.S. Attorney Josh Hurwit announced today. Senior U.S. District Judge B. Lynn Winmill described Groene as a sexual predator. Many of Groene’s victims appeared in court. Judge Winmill praised them as “heroes” and “brave young women” for their courage in coming forward and holding Groene accountable for his crimes.
According to court records, the investigation began when the Nampa Police Department (Nampa PD) received information that Groene had committed a sexual assault. During the course of that investigation, Nampa PD learned that Groene also had sexual contact with a 16-year-old female. Nampa PD obtained a state search warrant for Groene’s cellphone and cloud storage account and located explicit videos that Groene had produced of the 16-year-old victim. During a search of Groene’s cloud storage account, Nampa PD also located explicit videos that Groene had produced of a 17-year‑old female. During the investigation, two additional 17-year-old females disclosed that Groene had engaged them in sexual contact and produced explicit videos of them.
Judge Winmill also sentenced Groene to a lifetime of supervised release. As part of the plea agreement entered earlier in the case, Groene was ordered to forfeit a truck he used to meet with some of the victims and $660,787.84 in proceeds from the sale of his house where he had met with some of the victims. Groene alo was ordered to pay $200,000 in restitution to the victims and will be required to register as a sex offender as a result of the conviction
“I agree with the Court that the victims in this case are heroes,” said U.S. Attorney Hurwit. “As we observe Sexual Assault Awareness Month this month, we should recognize the importance of creating spaces where victims—like the brave young women in this case—feel safe to report any form of sexual abuse or sexual exploitation. And we must rededicate ourselves to supporting the victims of these reprehensible crimes.”
U.S. Attorney Hurwit commended the cooperative efforts of the Nampa Police Department, Homeland Security Investigations, and the Idaho Internet Crimes Against Children Task Force, which led to the charges in this case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. As part of Project Safe Childhood, the U.S. Attorney’s Office for the District of Idaho and the Idaho Attorney General’s Office partner to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Former Idaho Transportation Department Skills Tester Pleads Guilty to Receiving Bribes in Exchange for Passing Scores on Commercial Driver’s License Skills TestsRead the Press Release
BOISE – Kelly Nathaniel Goodman, 71, of Gooding, Idaho, pleaded guilty to honest services wire fraud, U.S. Attorney Josh Hurwit announced today.
According to court records, to obtain a commercial driver’s license (CDL) in Idaho, an applicant must, among other requirements, receive a passing score from a CDL skills test examiner. The Idaho Transportation Department (ITD) contracts with third-party CDL skills test examiners to administer CDL skills tests in Idaho. Since the 1990s until late 2021, Goodman was an Idaho CDL skills test examiner.
Goodman, however, engaged in a scheme and artifice to defraud ITD’s right to honest services while serving as an Idaho CDL skills tester. Without the knowledge or permission of ITD, Goodman accepted bribes in return for providing passing scores on Idaho CDL skills tests. Goodman specifically pleaded guilty to receiving a bribe on August 31, 2021, in return for giving an individual a passing score on an Idaho CDL skills test.
Between December 2017 and May 2020, Goodman accepted numerous bribes in exchange for giving passing scores on Idaho CDL skills tests. During that time, Goodman received at least $38,000 in bribes in exchange for giving passing scores on Idaho CDL skills tests.
Goodman is scheduled to be sentenced on June 22, 2023, and faces a maximum penalty of 20 years in federal prison and a $250,000 fine. As part of a plea agreement, Goodman agreed to pay restitution to the Idaho Transportation Department and U.S. Department of Transportation, and to pay a forfeiture money judgment of at least $38,000. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Hurwit credited the cooperative efforts of the Federal Bureau of Investigation and U.S. Department of Transportation—Office of Inspector General, which led to the charges.
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U.S. Attorney Hurwit Announces Sentences in Two Cases Involving Fentanyl and Stolen FirearmsRead the Press Release
BOISE – Two men from southern Idaho were sentenced to federal prison in separate drug and firearms cases this week, announced U.S. Attorney Josh Hurwit.
Keith McClary, 38, of Nampa, was sentenced to 96 months in federal prison for theft of firearms from a federal firearms licensee. Chief U.S. District Judge David C. Nye also ordered McClary to serve three years of supervised release following his prison sentence.
According to court records, in October 2021, McClary broke into a gun store in Nampa and stole twenty-four firearms. McClary then distributed the firearms, trading some of the firearms for a large quantity of fentanyl pills. McClary has an extensive criminal history, including convictions for burglary, domestic violence, and possession of a controlled substance.
In a separate case, Jase Anderson, 35, of Mountain Home, was sentenced to 110 months in federal prison for possession with the intent to distribute fentanyl. Chief U.S. District Judge David C. Nye also ordered Anderson to serve four years of supervised release following his prison sentence.
According to court records, over the course of a two-day investigation in July 2022, law enforcement seized six ounces of fentanyl powder, $9,440 in drug proceeds, three firearms—one of which was stolen, and numerous rounds and calibers of ammunition from Anderson.
Anderson also has an extensive criminal history, including convictions for attempted malicious injury to property, possession of a controlled substance, and domestic battery.
“The successful prosecution of these dangerous offenders demonstrates our commitment to making our communities safer,” said U.S. Attorney Hurwit. “The success of our Project Safe Neighborhoods program is the result of our close partnerships with local law enforcement agencies who help us identify and prosecute violent offenders across the state.”
U.S. Attorney Hurwit credited the Bureau of Alcohol, Tobacco, Firearms, and Explosives and Nampa Police Department for their collaboration on the McClary case and commended Boise Police Department and the Boise Area Narcotic Drug Interdiction Team (BANDIT) for their work on the Anderson case.
These cases were prosecuted as part of the Department of Justice’s Project Safe Neighborhoods (PSN) program. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Five Family Members Sentenced to Prison and Ordered to Forfeit a Combined $51.9 Million Dollars in Proceeds from Their Fraudulent Sale of Counterfeit Trademarked Cellular Phones and AccessoriesRead the Press Release
BOISE – On March 21, 22, and 23, 2023, five family members were sentenced to prison for their conspiracy to commit wire fraud, mail fraud, and conspiracy to traffic in counterfeit trademarked goods, in connection with their online sale of counterfeit cellphones and accessories, announced U.S. Attorney Josh Hurwit.
On August 1, 2022, a jury found Pavel Babichenko, Piotr Babichenko, Timofey Babichenko, David Bibikov, and Mikhail Iyerusalimets, guilty after a three-month trial.
Pavel Babichenko, Piotr Babichenko, Timofey Babichenko, David Bibikov, and Mikhail Iyerusalimets operated a multi-million dollar scheme wherein they sold counterfeit cellphones and cellphone accessories on Amazon.com and eBay.com that the defendants misrepresented as new and genuine Apple and Samsung products. The counterfeit cellphones and cellphone accessories were obtained in bulk from manufacturers in Hong Kong, repackaged in the Treasure Valley, and then individually resold to consumers online as genuine and new.
“My Office is committed to protecting Idaho consumers, businesses, and the public from fraud of all types,” said U.S. Attorney Josh Hurwit. “The convictions, sentences, and financial recovery in this case reflects our ability to work with our law enforcement partners to take down large-scale and long-term fraud enterprises that cross borders.”
“These sentencings are a result of HSI’s dedication to protect the U.S. economy and intellectual property by investigating schemes that threaten the global economy,” said Special Agent in Charge (SAC) Robert Hammer, who oversees HSI operations in the Pacific Northwest. “I commend the agents at HSI and our law enforcement partners at FBI, U.S. Postal Inspection Service, IRS-CI, U.S. Marshals Service, the Treasure Valley Metro Violent Crimes Task Force, Ada County Sheriff’s Office, Boise Police Department, and the Meridian Police Department for the years of work that led to this outcome.”
“These sentencings are the result of law enforcement’s unrelenting work to dismantle transnational criminal organizations,” said Acting Special Agent in Charge Cheyvoryea Gibson of the Salt Lake City FBI. “With strong partnerships in Idaho and around the world, the FBI stands firm in combatting those who attempt to defraud U.S. citizens and U.S. companies for their financial gain.”
Senior U.S. District Judge B. Lynn Winmill sentenced Pavel Babichenko to 72 months in federal prison, a $21,000 fine, and three years of supervised release. Judge Winmill further entered a $33,708,700.30 forfeiture money judgment against Pavel Babichenko.
Piotr Babichenko was sentenced to serve 48 months in federal prison, a $10,000 fine, and three years of supervised release. A $3,316,882.40 forfeiture money judgment was entered against him.
Timofey Babichenko was sentenced to serve 48 months in federal prison, a $10,500 fine, and three years of supervised release. A $9,230,196.82 forfeiture money judgment was entered against him.
David Bibikov was sentenced to serve one month in federal prison, nine months of home detention, and three years of supervised release. A $4,710,207.11 forfeiture money judgment was entered against him.
Mikhail Iyerusalimets was sentenced to serve two months in federal prison, nine months of home detention, and three years of supervised release. A $953,411.95 forfeiture money judgment was entered against him.
A future hearing will determine restitution and repayment of public defender attorney fees.
U.S. Attorney Hurwit commended the cooperative efforts of the joint investigation led by the FBI and Homeland Security Investigations, along with IRS-Criminal Investigation, the U.S. Postal Inspection Service, and the U.S. Marshals Service. These federal agencies were joined in the investigation by the Treasure Valley Metro Violent Crimes Task Force, the Ada County Sheriff’s Office, the Boise Police Department, and the Meridian Police Department.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
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Caldwell Woman Sentenced for Conspiring to Distribute Bath Salts and Conspiring to Commit Money LaunderingRead the Press Release
BOISE – Angela Marie Klinkhamer, 44, of Caldwell, was sentenced to 70 months in federal prison for conspiring to distribute controlled substances and conspiring to commit money laundering, U.S. Attorney Josh Hurwit announced today.
According to court records, Klinkhamer and her coconspirators engaged in a lengthy conspiracy to distribute drugs, including bath salts (alpha-PHP or synthetic cathinone). Klinkhamer’s role in the conspiracy involved renting a mailbox where the drugs were shipped from overseas. After the drugs arrived at the mailbox, Klinkhamer distributed the drugs to others. She also collected over $10,000 in drug proceeds for the organization, which she provided to codefendants through bank transactions and crypto currency exchanges. When conducting the financial transactions involving drug proceeds, Klinkhamer took steps to conceal the nature and source of the drug proceeds.
Chief U.S. District Judge David C. Nye also sentenced Klinkhamer to serve three years of supervised release following her prison sentence. Klinkhamer pleaded guilty to the crime on November 28, 2022. Codefendant Laura Denise Russell, 65, of Boise, is scheduled to enter a guilty plea on April 4, 2023. Codefendants Troy Thomas Wheeler, 48, of Meridian, and Michael Robert Osborn, 39, of Boise, are scheduled for trial to begin June 20, 2023.
“Drug trafficking organizations are constantly evolving in how they traffic drugs and launder money, including by using crypto currencies” said U.S. Attorney Hurwit. “This case shows that, despite their best efforts, these criminals cannot outrun law enforcement.”
“Drug trafficking organizations have a devastating impact on our communities, and we are committed to doing everything in our power to disrupt their illegal activities. Our ongoing efforts to dismantle these organizations and bring their members to justice can make a significant impact in reducing their prevalence and keeping our communities safe,” said Special Agent in Charge Robert Hammer, who oversees HSI operations in the Pacific Northwest. “I commend the agents at both HSI and the IRS for their tireless work and dedication to this important mission.”
“IRS Special Agents are experts in unraveling complex financial transactions and money laundering schemes involving crypto currencies,” said Andy Tsui, Special Agent in Charge, IRS Criminal Investigation Denver Field Office. “This sentencing should send a clear message to drug traffickers that CI and our law enforcement partners are relentless in our mission to dismantle drug trafficking organizations and bring these criminals to justice.”
U.S. Attorney Hurwit credited the cooperative efforts of Homeland Security Investigations, IRS – Criminal Investigation, and the U.S. Postal Inspection Service, which led to the charges.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
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Idaho’s U.S. Attorney Announces Federal Prison Sentences for Four Fentanyl DealersRead the Press Release
BOISE – U.S. Attorney Josh Hurwit announced the prison sentences in three separate cases involving the distribution of fentanyl last week.
“Fentanyl is a powerful synthetic opioid responsible for an exponential increase in overdose deaths here in Idaho,” said U.S. Attorney Hurwit. “Through close collaboration with our state, local, tribal, and federal law enforcement partners, we continue to hold accountable those who distribute this poison in our communities.”
1. Two Boise Residents Sentenced to Over 15 Years and 10 Years, Respectively, for Running a “One Stop Mobile Drug Shop.”
In one case, Misty Dawn Sykes, 46, and Keisha Dawn Murdoch, 28, both of Boise, were sentenced to 188 and 128 months in federal prison, respectively, for possessing over 1.3 kilos of methamphetamine, more than 1,300 fentanyl pills, an ounce of cocaine, 16 grams of heroin, 16 grams of Alpha-PHP (synthetic cathinone), and 12.6 grams of fluorfentanyl (a deadly fentanyl analogue) with intent to distribute it to another.
According to court records, Sykes and Murdoch were operating a one stop mobile drug shop in the Treasure Valley area. Murdoch told investigators that she and Sykes purchased anywhere from eight to ten pounds of methamphetamine and 2,000 to 4,000 fentanyl pills every two weeks for redistribution. She also indicated that they would purchase heroin and cocaine whenever available. In addition to the controlled substances seized from Sykes and Murdoch, law enforcement also seized a Smith and Wesson semi-automatic handgun with an obliterated serial number, and nearly $30,000 in cash.
Chief U.S. District Judge David C. Nye also ordered both Sykes and Murdoch to serve five years of supervised release following their prison sentences.
U.S. Attorney Hurwit commended the work of the Drug Enforcement Administration, Ada County Sheriff’s Office, and Garden City Police Department for this investigation.
2. Washington Man Sentenced to Over Eight Years for Firearms and Fentanyl Offenses.
In a separate case, Jordan Khan, 27, of Washington, was sentenced to 98 months in federal prison for unlawful possession of a firearm and possession with intent to distribute fentanyl.
According to court records, on January 27, 2022, United States Marshals were searching for a wanted fugitive believed to be at Khan’s residence. During the search, Khan was found in possession of a .40 caliber pistol and trafficking amounts of fentanyl. He was charged and released subject to pretrial conditions. Khan was prohibited from possessing firearms due to a 2018 conviction for a residential burglary. After a federal indictment was obtained, an arrest warrant was issued. On April 18, 2022, when the federal warrant was served, Khan was found with over 700 fentanyl pills.
Khan moved to the Treasure Valley in 2021, after being released from Washington state prison for unlawful possession of a firearm, possession of a controlled substance, and taking a vehicle without permission. He has an extensive criminal history, including convictions for unlawful possession of a firearm, burglary, and assault.
“The strong partnerships we have with our federal, state, and local partners ensure repeat offenders like Mr. Khan are held accountable for their crimes,” said Acting Special Agent in Charge Cheyvoryea Gibson of the Salt Lake City FBI. “We will continue to work together to prevent gun offenses in Idaho and prevent deadly drugs like fentanyl from causing more damage in our communities.”
Chief U.S. District Judge David C. Nye also ordered Khan to serve four years of supervised release following his prison sentence. Khan pleaded guilty to the federal charges in November 2022.
U.S. Attorney Hurwit credited the Treasure Valley Metro Violent Crimes Task Force and U.S. Marshals Service for their efforts in this case. The Task Force is comprised of federal, state, and local agencies, including the Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; Ada County Sheriff’s Office; Boise Police Department; Caldwell Police Department; Canyon County Sheriff’s Office; Meridian Police Department; Nampa Police Department; and Idaho Department of Correction.
The Khan 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 www.treasurevalleypartners.org.
3. Arizona Man Sentenced to 12.5 Years for Distributing Fentanyl and Methamphetamine.
In a third case, Brian David Schroeder, 47, of Arizona, was sentenced to 150 months in federal prison for distributing large quantities of fentanyl and methamphetamine.
According to court records, on September 25, 2022, Schroeder, was stopped by sheriff deputies while driving on Highway 93 through Jerome, Idaho. After deputies observed a marijuana dispensary container in the car, a search was conducted. Inside the car, police found approximately 3.25 pounds of fentanyl, 3.15 pounds of methamphetamine, and a loaded 9mm handgun. Schroeder was traveling through Idaho with the intention of distributing the drugs in Washington.
Chief U.S. District Judge David C. Nye also sentenced Schroeder to five years of supervised release following his prison sentence. Schroeder pleaded guilty to the crime in December 2022.
U.S. Attorney Hurwit thanked the Jerome County Sheriff’s Office and Jerome County Prosecuting Attorney’s Office for their work which led to the charges in the Schroeder case.
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Washington Man Sentenced to 90 Months for Identity Theft Scheme Spanning Idaho and Several Western StatesRead the Press Release
BOISE – Ryan M. Tichy, 43, of Seattle, was sentenced to 90 months in federal prison for wire fraud and aggravated identity theft, U.S. Attorney Josh Hurwit announced today.
According to court records, from at least May 2018 through November 2020, Tichy executed a scheme to defraud wherein he obtained the means of identification of many individuals and used that information to create false identification documents, open credit accounts, obtain loans, takeover existing credit accounts, and make purchases. The fraudulently-obtained means of identification included names, social security numbers, dates of birth, and account numbers. After he gathered that information, Tichy would often create a fake driver’s license using his picture but the victim’s name. Tichy travelled around Washington, Idaho, Oregon, Nevada, and elsewhere to make fraudulent purchases.
When law enforcement executed a search warrant on December 2, 2020, they discovered a mobile identity theft lab inside a trailer Tichy purchased using another person’s identity. The trailer contained materials, machines, computers, and printers for use in producing counterfeit identity cards and debit/credit cards. The trailer also contained foils, blank stock for driver’s licenses, an embosser, a card punch, printers, counterfeit driver’s licenses in various stages of completion, and counterfeit credit cards.
Tichy has multiple prior convictions for identity theft-related crimes, including prior federal convictions for social security number fraud (Case No. 2:08-cr-00237-MJP) and possession of a document making implement, possession of counterfeit identification, and possession of stolen mail (Case No. 2:03-cr-00449-MJP).
“As this case shows, identify theft is a problem that can quickly cross borders and affect many communities and victims,” said U.S. Attorney Hurwit. “I am grateful for the dedicated law enforcement agents we work with who use sophisticated tools to track down these types of criminals and hold them accountable.”
“Mr. Tichy is a prolific identity thief who victimized dozens of individuals and businesses after cutting off his ankle monitor while under federal supervised release following his time spent in prison for prior identify-theft related offenses,” said Gail S. Ennis, Inspector General for the Social Security Administration. “This sentence demonstrates our tireless commitment to hold those accountable for misusing Social Security numbers. I appreciate the U.S. Attorney’s Office for supporting our investigation, and I want to thank our law enforcement partners for their efforts to see justice done in this case.”
U.S. Attorney Josh Hurwit credited the cooperative efforts of the Social Security Administration Office of Inspector General, Boise Police Department, United States Marshals Service, Meridian Police Department, Nampa Police Department, Edmonds Police Department, Island County Sheriff’s Office, Kirkland Police Department, Lynden Police Department, Marysville Police Department, Port of Portland Police Department, Redmond Police Department, Reno Police Department, Seattle Police Department, Snohomish County Sheriff’s Office, Spokane Police Department, and the Union Gap Police Department, which led to the charges.
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Eastern Idaho Farmers Pay $500,000 to Resolve Allegations They Defrauded the Coronavirus Food Assistance ProgramRead the Press Release
BOISE – U.S. Attorney Josh Hurwit announced today that Merrill Hanny, Roger Burke, and Robert Sollis, three farmers in Eastern Idaho, have paid a total of $500,000 to settle allegations that they violated the False Claims Act by submitting fraudulent Coronavirus Food Assistance Program (CFAP) applications. CFAP was intended to provide direct support to farmers and ranchers to offset losses caused by the COVID-19 pandemic.
The settlement resolves allegations that Hanny, Burke, and Sollis knowingly and impermissibly included millions of pounds of potatoes on Burke’s and Sollis’ CFAP applications that were actually owned by Hanny. In this way, Burke and Hanny obtained CFAP funds that they were not eligible to receive, and Hanny was able to circumvent the $250,000 cap on CFAP funds they he could receive.
“The vast majority of Idahoans who applied for CFAP funds played by the rules,” said U.S. Attorney Hurwit. “Unfortunately, some individuals have sought to line their pockets by defrauding taxpayer-funded pandemic relief programs like USDA’s CFAP program. We will continue to use all tools at our disposal to pursue and hold such individuals accountable.”
The settlement is a result of a coordinated effort between the U.S. Department of Agriculture Office of Inspector General and the U.S. Attorney’s Office for the District of Idaho.
For more information on the Department of Justice’s response to the pandemic fraud, please visit www.justice.gov/coronavirus.
Anyone who suspects fraud or other wrongdoing related to the pandemic should report it to the COVID-19 Pandemic Fraud Hotline at www.pandemicoversight.gov/contact/about-hotline, by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721, or via the NCDF Web Complaint Form at: www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Idahoans are also encouraged to report COVID-19 fraud directly to the U.S. Attorney’s Office at (208) 334-1211.
The claims resolved by the settlement described above are allegations only; there has been no determination of liability.
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Oregon Man Sentenced to over 34 Years in Federal Prison for Attempted Coercion and Enticement of a MinorRead the Press Release
BOISE – Brett Michael Malone, 31, of Adrian, Oregon, was sentenced to 412 months in federal prison for attempted coercion and enticement of a minor, U.S. Attorney Josh Hurwit announced today. Chief U.S. District Judge David C. Nye also sentenced Malone to a lifetime of supervised release and entered an order forfeiting the electronic device used to commit the offense. Malone was ordered to pay restitution to the victim of the offense and will be required to register as a sex offender as a result of the conviction.
Malone was convicted by a jury on October 24, 2022, after a four-day trial. Following the jury’s verdict, Malone admitted to a sentencing enhancement for committing the enticement offense while having a duty under state law to register as a sex offender. In 2013, Malone was convicted of rape in the third degree in Malheur County, Oregon.
According to testimony and evidence presented at trial, Malone used Facebook to communicate with a 15-year-old girl in Idaho. During the communications, Malone sent the victim sexually explicit images and videos and enticed her to meet him for sexual contact. The victim’s mom located messages between Malone and the victim on the victim’s cellphone and reported the messages to Homeland Security Investigations (HSI). HSI assumed the victim’s online identity and began communicating with Malone in an undercover capacity. During the communications, Malone continued to engage in sexually explicit conversation with the undercover agent posing as the victim and arranged to meet the victim for sexual contact. When Malone traveled to meet the victim, he was apprehended by law enforcement.
“While nothing can make up for the trauma suffered by the victim in this case and all victims of child exploitation, this sentence sends a strong message that those who victimize children will be prosecuted and severely punished,” said U.S. Attorney Hurwit. “In this case, we are glad that the community will be protected from further predation by this repeat offender. I am grateful to the federal, state, tribal, and local investigators, parents, teachers, and all others who take action to protect vulnerable minors.”
“Malone’s days of preying on and exploiting the minors of Idaho are hopefully over,” said Special Agent in Charge Robert Hammer, who oversees Homeland Security Investigations operations in the Pacific Northwest. “This sentence should serve as a warning to those engaged in this type of criminal behavior, if you seek to exploit our children HSI and our Idaho law enforcement partners will stop at nothing to hold you accountable. This outcome highlights the consequences of believing otherwise. The partnership with Idaho State police and Boise Police Department was tremendous on this case and was critical to its overall success."
U.S. Attorney Hurwit commended the cooperative efforts of Homeland Security Investigations, Idaho State Police, and Boise Police Department, which led to the charges.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Emmett Man Sentenced to 6 ½ Years in Federal Prison for Possessing Child PornographyRead the Press Release
BOISE – Rex Lanham III, 54, of Emmett, was sentenced to 78 months in federal prison for possession of child pornography, U.S. Attorney Josh Hurwit announced today.
According to court records, the Federal Bureau of Investigation (FBI) determined that Lanham was a member and administer of social media groups where child pornography was being shared. As an administrator, Lanham had the ability to add or remove members from the group. The FBI obtained a federal search warrant for the contents of an online account belonging to Lanham and located child pornography. The FBI subsequently obtained a federal search warrant for Lanham’s residence in Emmett to search for evidence of the possession of child pornography. The FBI seized electronic devices belonging to Lanham and located additional files of child pornography on the devices.
Senior U.S. District Judge B. Lynn Winmill also ordered Lanham to serve 15 years of supervised release following his prison sentence and to pay $6,000 in restitution to victims in the images he possessed. Judge Winmill also ordered Lanham to forfeit the electronic devices that were used to commit the offense. As a result of the conviction, Lanham will be required to register as a sex offender.
U.S. Attorney Hurwit credited the cooperative efforts of the Federal Bureau of Investigation and the Gem County Sheriff’s Office, which led to the charges.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Nampa Woman Sentenced to 12 Years in Federal Prison for Possession with Intent to Distribute 15 Pounds of FentanylRead the Press Release
BOISE – Wathana Insixiengmay, 34, of Nampa, was sentenced to 144 months in federal prison for possessing, with the intent to distribute, 15 pounds of fentanyl, U.S. Attorney Josh Hurwit announced today.
According to court records, Insixiengmay was a main fentanyl distributor for a large drug trafficking organization with direct ties to Mexico. Insixiengmay received between 12 and 15 pounds of fentanyl (approximately 60,000 pills) on a weekly basis for local distribution. In return she was sending between $50,000 and $100,000 back to the supplier each following week. When she was arrested on June 7, 2022, she had over 30,000 fentanyl pills (approximately seven pounds), nearly eight pounds of fentanyl powder, 180 grams of methamphetamine, and $12,435 in drug proceeds. This remains one of the largest, if not the largest, individual seizure of fentanyl in the District of Idaho’s history.
Senior U.S. District Judge B. Lynn Winmill also ordered Insixiengmay to pay a $500 fine and to serve five years of supervised release following her prison sentence. Insixiengmay pled guilty to the charge on October 24, 2022.
U.S. Attorney Hurwit commended the investigation by the Drug Enforcement Administration Task Force consisting of officers from the United States Marshals Service, United States Probation Office, Nampa Police Department, Boise Police Department, Meridian Police Department, Ada County Sheriff’s Office, Canyon County Sheriff’s Office, and the Idaho Department of Correction.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
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Caldwell Man Sentenced to 6 Years in Federal Prison for Possessing Child PornographyRead the Press Release
BOISE – David Daniel Lynn Bowden, 21, of Caldwell was sentenced to 72 months in federal prison for possession of child pornography, U.S. Attorney Josh Hurwit announced today.
According to court records, in April 2021, the Idaho Internet Crimes Against Children (ICAC) Task Force received an investigative lead that Bowden possessed child pornography. ICAC is an investigative task force within the Idaho Office of the Attorney General funded by the State of Idaho and federal grants.
ICAC further investigated the tip and found corroborating evidence that Bowden possessed child pornography. Based on ICAC’s investigation, law enforcement secured a search warrant for Bowden’s residence in Caldwell to search for evidence of child pornography crimes. During the search of Bowden’s residence, law enforcement discovered 187 images of child pornography on Bowden’s phone. Some of the child pornography depicted prepubescent children.
“The collaborative efforts in Idaho to prosecute those who possess and distribute child pornography is second to none,” said U.S Attorney Hurwit. “Those who engage in this reprehensible conduct should know they have nowhere to hide.”
“Thank you to ICAC, the Caldwell Police Department and the US Attorney’s Office for their outstanding work that led to this sentencing. I am proud to work beside these agencies as they strive to keep Idaho’s children safe," Attorney General Raúl Labrador said.
Senior U.S. District Judge Lynn B. Winmill also ordered Bowden to serve ten years of supervised release following his prison sentence and ordered restitution to the victims. Bowden pleaded guilty to the charges on December 8, 2022.
U.S. Attorney Hurwit thanked the Idaho Internet Crimes Against Children Task Force, the Idaho Office of the Attorney General, and the Caldwell Police Department for their cooperative efforts that led to the prosecution.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. As part of Project Safe Childhood, the U.S. Attorney’s Office for the District of Idaho and the Idaho Attorney General’s Office partner to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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U.S. Attorney Josh Hurwit Announces Implementation of New Voluntary Self-Disclosure PolicyRead the Press Release
BOISE – U.S. Attorney Josh Hurwit announced that the U.S. Attorney’s Office for the District of Idaho has implemented the new United States Attorney’s Offices’ Voluntary Self-Disclosure Policy released this week. The policy, which is effective immediately, details the circumstances under which a company will be considered to have made a voluntary self-disclosure (VSD) of misconduct to a United States Attorney’s Office (USAO), and provides transparency and predictability to companies and the defense bar concerning the concrete benefits and potential outcomes in cases where companies voluntarily self-disclose misconduct, fully cooperate and timely, and appropriately remediate wrongdoing and misconduct. The policy provides potential benefits only to companies. It does not apply to individuals.
The goal of the policy is to standardize how VSDs are defined and credited by USAOs nationwide, and to incentivize companies to maintain effective compliance programs capable of identifying misconduct, to expeditiously and voluntarily disclose and remediate misconduct, and to cooperate fully with the government in corporate criminal investigations. The policy was developed pursuant to the Deputy Attorney General’s September 15, 2022 memorandum, “Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group” (Monaco Memo), which directed each Department of Justice (DOJ) component that prosecutes corporate crime to review its policies on corporate voluntary self-disclosure and, if there was no formal written policy to incentivize self-disclosure, draft and publicly share such a policy.
Under the new VSD policy, a company is considered to have made a VSD if it becomes aware of misconduct by employees or agents before that misconduct is publicly reported or otherwise known to the DOJ, and discloses all relevant facts known to the company about the misconduct to a USAO in a timely fashion prior to an imminent threat of disclosure or government investigation. A company that voluntarily self-discloses as defined in the policy and fully meets the other requirements of the policy, by—in the absence of any aggravating factor—fully cooperating and timely and appropriately remediating the criminal conduct (including agreeing to pay all disgorgement, forfeiture, and restitution resulting from the misconduct), will receive significant benefits, including that the USAO will not seek a guilty plea against the company; may choose not to impose any criminal penalty, and in any event will not impose a criminal penalty against the company that is greater than 50% below the low end of the United States Sentencing Guidelines fine range; and will not seek the imposition of an independent compliance monitor if the company demonstrates that it has implemented and tested an effective compliance program.
The policy identifies three aggravating factors that may cause a USAO to seek a guilty plea against a company even if the other requirements of the VSD policy are met: (1) if the misconduct poses a grave threat to national security, public health, or the environment; (2) if the misconduct is deeply pervasive throughout the company; or (3) if the misconduct involved current executive management of the company. The presence of an aggravating factor does not necessarily mean that a guilty plea will be required; instead, the USAO will assess the relevant facts and circumstances of each case to determine the appropriate resolution. If a guilty plea is ultimately required, the company will still receive the other benefits under the VSD policy, including that the USAO will recommend a criminal penalty of at least a 50% and up to a 75% reduction off the low end of the United States Sentencing Guidelines fine range, and that the USAO will not require the appointment of a monitor if the company has implemented and tested an effective compliance program.
In cases where a company is being jointly prosecuted by a USAO and another DOJ component, or where the misconduct reported by the company falls within the scope of conduct covered by VSD policies administered by other DOJ components, the USAO will coordinate with, or, if necessary, obtain approval from, the DOJ component responsible for the VSD policy specific to the reported misconduct when considering a potential resolution. Consistent with relevant provisions of the Justice Manual, and as allowable under alternate VSD policies, the USAO may choose to apply any provision of an alternate VSD policy in addition to, or in place of, any provision of its policy.
The Attorney General’s Advisory Committee (AGAC), under the leadership of United States Attorney for the Southern District of New York Damian Williams, requested that the White Collar Fraud Subcommittee of the AGAC, under the leadership of United States Attorney for the Eastern District of New York Breon Peace, develop policies in response to the Deputy AG’s memo. The policy announced today was prepared by a Corporate Criminal Enforcement Policy Working Group comprised of U.S. Attorneys from geographically diverse districts, including U.S. Attorney Peace, as well as U.S. Attorney for the Eastern District of Virginia Jessica Aber, U.S. Attorney for the District of Connecticut Vanessa Avery, U.S. Attorney for the District of Hawaii Clare Connors, U.S. Attorney for the Eastern District of North Carolina Michael F. Easley, Jr., U.S. Attorney for the Northern District of California Stephanie Hinds, U.S. Attorney for the Western District of Virginia Christopher Kavanaugh, and U.S. Attorney for the District of New Jersey Philip Sellinger. Assistant U.S. Attorney Amanda Riedel, White Collar Crimes Coordinator for the Executive Office for U.S. Attorneys, also participated in the development of the policy.
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Federal Jury Convicts Boise Tax Return Preparer of Filing False Tax ReturnsRead the Press Release
BOISE – After a four-day trial, a federal jury found Boise tax return preparer Andres Sanchez, 33, guilty of willfully aiding and assisting in the preparation and filing of six false or fraudulent tax returns on behalf of several clients, U.S. Attorney Josh Hurwit announced today. Senior U.S. District Court Judge B. Lynn Winmill presided over the trial which began on February 13 and concluded with six guilty verdicts on February 17. The jury was unable to reach a verdict on one remaining count.
During the trial, the jury heard evidence that Sanchez worked as a paid tax return preparer in Boise. For tax returns filed for tax years 2014, 2015, and 2016, Sanchez counseled his clients to include ineligible dependents on their tax returns to increase tax refunds. The ineligible dependents resulted in dependency exemptions and refundable tax credits for Sanchez’s clients, including the child tax credit, additional child tax credit, and earned income credit. The ineligible dependents resulted in significant refunds in many cases where Sanchez’s clients would have otherwise owed taxes.
“Tax fraud is an affront to all taxpayers who comply with the law,” said U.S. Attorney Hurwit. “We will aggressively pursue those who submit false tax returns or who unlawfully evade their tax obligations in other ways. This case is a reminder of our dedication to this mission. It is also a reminder to the public to be cautious when choosing a tax preparer. If something seems too good to be true, it often is.”
“Over the past three years, investigations led by IRS-CI special agents have resulted in more than 300 return preparers being sentenced for filing false tax returns,” said Andy Tsui, Special Agent in Charge, IRS Criminal Investigation Denver Field Office. “Return preparer fraud will remain a top priority for us and today’s verdict should serve as a reminder to tax preparers that filing false returns will lead to significant fines and prison.”
Sanchez faces a maximum of three years in federal prison and a fine of up to $250,000 for each false tax return. Sentencing is scheduled for May 16, 2023.
U.S. Attorney Hurwit commended the investigative work of the Internal Revenue Service – Criminal Investigation in this case.
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Five Idaho Men Indicted for Distribution of Methamphetamine and FentanylRead the Press Release
BOISE – A federal grand jury in Boise returned an eight-count indictment on February 15, 2023, charging five Idaho men with distribution of methamphetamine and fentanyl, aiding and abetting the distribution of methamphetamine, and conspiracy to do the same, U.S. Attorney Josh Hurwit announced today.
The indictment alleges that:
- Ernesto Antonio Diaz Gaspar, 32, of Boise, distributed fentanyl to another person on four different occasions, distributed methamphetamine to another person on two different occasions, and conspired to do the same;
- Hector Manual Ojeda Aponte, 42, of Meridian, distributed methamphetamine to another person on two different occasions and aided and abetted in its distribution;
- Jose DeJesus Loera, 43, of Caldwell, conspired to distribute methamphetamine to another person;
- Cevin Alfonza Martinez, 29, of Boise, aided and abetted in the distribution of methamphetamine to another person; and
- Wilkin Rolando Martinez Munguia, 30, of Meridian, aided and abetted in the distribution of methamphetamine to another person.
If convicted, each of the defendants will face sentences ranging from a minimum of ten years and up to life in federal prison. Under the Sentencing Reform Act of 1984, Congress has eliminated parole for defendants convicted of federal crimes committed after November 1, 1987.
U.S. Attorney Hurwit commended the Drug Enforcement Administration, Nampa Police Department, and Idaho Department of Correction for the near year-long investigation and applauded the assistance received from Immigration and Customs Enforcement, United States Marshals Service, Ada County Sheriff’s Office, Boise Police Department, Caldwell Police Department, Canyon County Sheriff’s Office, and the Meridian Police Department, which led to the arrest of all five individuals.
An indictment is merely an allegation, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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Nampa Man Sentenced to 10 Years for Federal Gun CrimeRead the Press Release
BOISE – Isaac Bright, 29, of Nampa, was sentenced to ten years in federal prison, the maximum allowable sentence, for unlawful possession of a firearm, U.S. Attorney Josh Hurwit announced today.
According to court records, on January 29, 2022, a police officer with the Wilder Police Department attempted to conduct a traffic stop on a vehicle driven by Bright. Bright failed to stop, resulting in a high-speed pursuit. Bright was eventually arrested after discharging a firearm at the officer. When Bright was arrested, he possessed a 9mm caliber pistol. At the time of the arrest, Bright was prohibited from possessing firearms due to a 2016 conviction for unlawful possession of a firearm.
Bright is a documented member of the Latin Kings gang with an extensive criminal history, including convictions for second degree kidnapping, domestic battery in the presence of a child, and malicious injury to property. At the time of the offense, Bright was on supervised release for his 2016 firearm offense.
Senior U.S. District Judge B. Lynn Winmill also ordered Bright to serve three years of supervised release following his prison sentence. Bright pleaded guilty to the federal firearm charge on October 3, 2022.
U.S. Attorney Hurwit credited the cooperative efforts of the Wilder Police Department and the Treasure Valley Metro Violent Crimes Task Force, which led to charges. The Task Force is comprised of federal, state, and local agencies, including the Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; Ada County Sheriff’s Office; Boise Police Department; Caldwell Police Department; Canyon County Sheriff’s Office; Meridian Police Department; Nampa Police Department; and Idaho Department of Correction.
This 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 www.treasurevalleypartners.org.
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Idaho Falls Man Sentenced to over 15 Years in Federal Prison for Attempted Methamphetamine DistributionRead the Press Release
POCATELLO – Jacob James Martinez, 33, of Idaho Falls, was sentenced to federal prison for attempted possession with the intent to distribute methamphetamine, U.S. Attorney Josh Hurwit announced today. Chief U.S. District Judge David C. Nye sentenced Martinez to 188 months in federal prison.
According to court records, on September 29, 2020, Idaho State Police made a traffic stop of an individual found to be in possession of five pounds of methamphetamine. That individual informed law enforcement that he was going to deliver the methamphetamine to three individuals in southeast Idaho, naming Martinez as the intended recipient of two pounds. The individual had a drug ledger that showed Martinez owing $5,950 in past drug debts. Idaho State Police identified Martinez and stopped him at the location he was set to receive the two pounds of methamphetamine. Martinez was arrested on an outstanding arrest warrant. Law enforcement searched Martinez’s vehicle and found him to be in possession of $6,280 in United States currency, a loaded Ruger 9mm handgun, a drug pipe, and baggies containing methamphetamine and marijuana. Martinez was prohibited from possessing a firearm at the time of his arrest.
U.S. Attorney Hurwit commended the Idaho State Police, Drug Enforcement Administration, and the BADGES/HIDTA Taskforce for their collaborative work on the case.
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Former Caldwell Police Department Lieutenant Sentenced to Federal PrisonRead the Press Release
BOISE – Joseph Alan Hoadley, 42, of Caldwell, was sentenced to three months in federal prison for falsifying a record or document in a federal investigation, witness tampering by harassment, and destroying a record to impair its use in an official proceeding, U.S. Attorney Josh Hurwit announced today. The Honorable Scott W. Skavdahl, U.S. District Court Judge for the District of Wyoming, sitting by designation, also ordered Hoadley to serve 12 months of supervised release following his release from prison.
In September 2022, Hoadley, a former Caldwell Police Department Lieutenant, was convicted after a five-day jury trial before U.S. District Court Judge Skavdahl. The jury found Hoadley not guilty of willful deprivation of rights under color of law.
According to court records and evidence presented at trial, while employed as a Lieutenant with the Caldwell Police Department, Hoadley used force against B.H. in Caldwell in 2017 while he was detained and handcuffed. Hoadley falsified a subsequent police report detailing his actions during the incident. In 2021, knowing that he was the target of an FBI investigation, Hoadley harassed and intimidated C.H. with the intent to dissuade him from cooperating with the FBI investigation. In April 2022, after being indicted by a federal grand jury, Hoadley destroyed data on his city issued laptop and cellphone one day before turning them over to the acting Caldwell Police Chief, who had placed Hoadley on administrative leave because of the charges.
“This case is about an officer who criminally violated the oath he took to uphold the law,” said U.S. Attorney Hurwit. “In falsifying reports and tampering with a witness, the defendant offended the principles of the Caldwell Police Department and of law enforcement officers everywhere. This case shows that we will not hesitate to hold accountable police officers who violate the law—just like we do for everyone else. At the same time, it is important to emphasize that this investigation occurred because several Caldwell police officers refused to tolerate the defendant’s violations and stood up to his abuse of power. The integrity and bravery of these officers is something that the community can be proud of.”
“As law enforcement, we are bound by an oath to serve all citizens with equal compassion, professionalism, dignity, and respect,” said Special Agent in Charge Dennis Rice of the Salt Lake City FBI. “When a police officer commits a crime, it undermines the hard work of all officials and erodes the public’s trust. Today’s sentencing reinforces that no one is above the law.”
U.S. Attorney Hurwit commended the Federal Bureau of Investigation for its thorough investigation and thanked the Caldwell Police Department for its cooperation.
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Two Individuals from Idaho Falls Each Sentenced to over 20 Years in Federal Prison for Trafficking Methamphetamine and FentanylRead the Press Release
POCATELLO – Ernestine Delafuente and Simon Martinez, of Idaho Falls, were sentenced to federal prison for possession with the intent to distribute methamphetamine, U.S. Attorney Josh Hurwit announced today. Chief U.S. District Judge B. Lynn Winmill sentenced Delafuente to 309 months in federal prison, and Martinez to 264 months in federal prison.
According to court records and evidence presented at sentencing, from January 2020, through December 2020, Delafuente, Martinez, and multiple other individuals engaged in large-scale methamphetamine trafficking in Idaho Falls, Pocatello, and the surrounding areas. Evidence established that Delafuente was the source of supply and leader of the drug trafficking organization. Evidence further established that Delafuente obtained hundreds of pounds of methamphetamine and other drugs from a California source of supply. Martinez was identified as working directly under Delafuente in the drug trafficking organization. In December 2020, a search warrant was executed at a storage unit in Idaho Falls and law enforcement recovered more than 56 pounds of methamphetamine, and approximately 12,000 fentanyl pills.
U.S. Attorney Hurwit commended the Drug Enforcement Administration, Idaho State Police, Idaho Falls Police Department, Bonneville County Sheriff’s Office, Pocatello Police Department, Power County Sheriff’s Office, Bannock County Sheriff’s Office, Bingham County Sheriff’s Office, and Homeland Security Investigations (HSI) for their close collaboration on the case.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
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U.S. Attorney Hurwit Announces Trio of Child Predators Held Accountable in East IdahoRead the Press Release
POCATELLO – In the past week, two East Idaho men were sentenced, and one man was convicted at trial, in cases involving the sexual exploitation of children, U.S. Attorney Josh Hurwit announced today.
“My office will continue to aggressively prosecute predators who prey upon children,” said U.S. Attorney Hurwit. “Those who harm the most vulnerable members of our society must be held accountable to the full extent of the law.”
On January 25, after a three-day trial, a federal jury sitting in Pocatello found Joseph Hornof, 41, of Blackfoot, guilty of two counts of distribution of child pornography and one count of possession of child pornography. Chief U.S. District Judge David C. Nye presided over the trial. Following the jury’s verdict, Hornof is subject to a sentencing enhancement for committing a prior sex offense against a child in 2009 in Bannock County, Idaho.
On January 26, Shawn Chase Cody, 41, of Pocatello, was sentenced to 80 years in federal prison for production and possession of child pornography. According to court records, in August 2019, law enforcement received an investigative lead that Cody sexually abused multiple children for the past six years. Law enforcement learned from the victims that Cody possessed videos of these acts on his phone and computer. Cody was later arrested after his home was searched and the child pornography he produced was found on his devices. Also found in his possession were 2,259 still images and 53 videos of child pornography that he downloaded on the Internet.
On January 31, Bobby Clee Roberts, 53, of Rupert, was sentenced to nine years in federal prison for possession of child pornography. After law enforcement searched Roberts’ house, they found 19,200 files of child pornography located on his devices.
U.S. Attorney Hurwit thanked Homeland Security Investigations (HSI) in Idaho Falls, the Bannock County Sheriff's Office, Idaho Falls Police Department, Bonneville County Sheriff’s Office, Idaho ICAC Task Force, Boone North Carolina Police Department, Minidoka County Sheriff’s Office, and the Rupert Police Department for their cooperative efforts that led to the charges.
“I am proud of the work that our Project Safe Childhood team does every day in conjunction with our law enforcement partners,” said U.S. Attorney Hurwit. “It’s impressive to see the commitment and the long hours that attorneys and investigators put into these complex investigations.”
These cases were brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Pocatello Man Sentenced to 80 Years in Federal Prison for Producing and Possessing Child PornographyRead the Press Release
POCATELLO – Shawn Chase Cody, 41, of Pocatello was sentenced to 960 months in federal prison for production and possession of child pornography, U.S. Attorney Josh Hurwit announced today.
According to court records, in August, 2019, law enforcement received an investigative lead that Cody sexually abused multiple children for the past six years. Law enforcement learned from the victims that Cody possessed videos of these acts on his phone and computer.
Cody was later arrested after his home was searched and the child pornography he produced was found on his devices. Also found in his possession were 2,259 still images and 53 videos of child pornography that he downloaded on the Internet.
“Today’s sentence, which is effectively a life sentence, should send a message that my office and our law enforcement partners will aggressively prosecute predators who prey upon children,” said U.S. Attorney Hurwit. “While nothing can fully repair the damage done by the defendant, I hope that this sentence provides a measure of peace to the brave victims in this case.”
“This 80 year sentence serves as notice to Idaho communities that HSI agents will use every investigative tool available to stop child predators like Mr. Cody,” said Special Agent in Charge (SAC) Robert Hammer, who oversees HSI operations in the Pacific Northwest. “The perpetual vigilance of both the community and law enforcement will remain necessary pieces in the fight against anyone who may try to exploit children.”
Senior U.S. District Judge Billy Roy Wilson from the Eastern District of Arkansas also ordered Cody to serve a lifetime of supervised release following his prison sentence. Cody pleaded guilty to the charges on October 7, 2021.
U.S. Attorney Hurwit thanked Homeland Security Investigations (HSI) in Idaho Falls and the Bannock County Sheriff's Office for their cooperative efforts that led to the charges.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Blackfoot Man Sentenced to Life in Federal Prison for Trafficking Methamphetamine and HeroinRead the Press Release
POCATELLO – Adam Lee Vallely, 46, of Blackfoot, was sentenced to life in federal prison for conspiracy to distribute controlled substances, possession with the intent to distribute methamphetamine, and possession with the intent to distribute heroin, U.S. Attorney Josh Hurwit announced.
According to court records and evidence presented at trial, Vallely engaged in a drug trafficking conspiracy with others in southeast Idaho from December 2017 to August 2018. Evidence established that Vallely participated in trafficking large quantities of methamphetamine and heroin from a source of supply based in Mexico. Evidence further established that Vallely had a source of supply in Salt Lake City that provided methamphetamine and heroin, and that Vallely and his co-conspirators attempted to get large quantities of cocaine from the Salt Lake City source of supply. In May 2018, during the search of a residence where Vallely was known to reside, law enforcement agents found methamphetamine, heroin, $15,000 in United States currency, and a money counting machine. At the time of the search Vallely was found hiding in an attic. Once in jail, Vallely continued to participate in the conspiracy, arranging for the collection of drug debts with the use of force.
Vallely has a lengthy and violent criminal history that includes convictions for attempted strangulation, assault with a dangerous weapon, domestic violence, and possession with intent to distribute heroin. Vallely was on state supervision at the time of the instant offense.
A jury found Vallely guilty after a week-long jury trial in June 2022. Vallely was sentenced by Senior U.S. District Judge Billy Roy Wilson from the Eastern District of Arkansas, sitting by designation, who also presided over the trial.
U.S. Attorney Hurwit commended the cooperative efforts of the Drug Enforcement Administration, Bureau of Alcohol, Tobacco Firearms, and Explosives, Idaho State Police, Pocatello Police Department, Bannock County Sherriff’s Office, Blackfoot Police Department, Bingham County Sheriff’s Office, and Idaho Department of Correction, which led to the charges.
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Federal Jury Convicts Blackfoot Man of Distribution and Possession of Child PornographyRead the Press Release
BOISE – After a three-day trial, a federal jury sitting in Pocatello found Joseph Hornof, 41, of Blackfoot, Idaho, guilty of two counts of distribution of child pornography and one count of possession of child pornography, U.S. Attorney Josh Hurwit announced today. Chief U.S. District Judge David C. Nye presided over the trial, which began on January 23, and concluded with a guilty verdict on January 25. Following the jury’s verdict, Hornof is subject to a sentencing enhancement for committing a prior sex offense against a child in 2009 in Bannock County, Idaho.
According to testimony and evidence presented at trial, Hornof used the Kik messenger application to communicate with an undercover officer in North Carolina. Hornof shared videos and images of child pornography with the officer. Hornof then directed the officer to join a social media group called “pedophilia” that Hornof administered. In that group, Hornof distribution 24 videos of child pornography to other members of the group. Law enforcement later served a search warrant at Hornof’s residence in Blackfoot. After seizing his laptop and cellphone, officers discovered additional images of child pornography on the devices.
The charge of distribution of child pornography, with a prior conviction, carries a minimum of 15 years and up to 40 years in federal prison, per count, a fine of up to $250,000, and at least five years and up to lifetime of supervised release. The charge of possession of child pornography, with a prior conviction, carries a minimum of 10 years and up to 20 years in federal prison, a fine of up to $250,000, and at least five years and up to lifetime of supervised release. Hornof will be required to register as a sex offender as a result of the conviction.
Sentencing is set for May 1, 2023, before Judge Nye at the federal courthouse in Pocatello.
U.S. Attorney Hurwit, of the District of Idaho commended the cooperative efforts of the Idaho Falls Police Department, Idaho ICAC Task Force, Boone North Carolina Police Department, and Homeland Security Investigations (HSI). The case was prosecuted by Assistant U.S. Attorneys John Shirts and Erin Blackadar.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Idaho Man Indicted for Distribution of Fentanyl Resulting in DeathRead the Press Release
BOISE — A federal grand jury in Boise returned an indictment on January 11, charging an Idaho man with distribution of fentanyl resulting in serious bodily injury or death.
The indictment alleges that on May 17, 2022, Tanner Lee Goforth, 36, knowingly and intentionally distributed a substance containing fentanyl and that substance resulted in the death of the victim.
Police officers with the Nampa Police Department arrested Goforth on January 12, 2023. Goforth is scheduled to be arraigned on the charge on January 17, 2023, at 3:00 p.m., before U.S. Magistrate Judge Debora K. Grasham, at the U.S. Courthouse in Boise, Idaho.
If convicted, Goforth faces a sentence of at least twenty years and up to life imprisonment. Under the Sentencing Reform Act of 1984, Congress has eliminated parole for defendants convicted of federal crimes committed after November 1, 1987.
U.S. Attorney Josh Hurwit, of the District of Idaho made the announcement and commended the investigation conducted by the Nampa Police Department and the Drug Enforcement Administration.
An indictment is merely an allegation, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Idaho Man Indicted for Federal Hate Crime Against LGBTQ Residents of BoiseRead the Press Release
BOISE — A federal grand jury in Boise returned an indictment on Jan. 10, charging an Idaho man with a hate crime.
The indictment alleges that on Oct. 12, 2022, Matthew Alan Lehigh, 31, attempted to cause bodily injury to two people in Boise by driving his car at them. This assault, the indictment alleges, was motivated by the actual and perceived sexual orientation of the victims.
Boise Police apprehended Lehigh, and the Ada County Prosecuting Attorney’s Office filed state charges against Lehigh.
If convicted of the federal charges, Lehigh faces a maximum penalty of ten years in federal prison.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Josh Hurwit for the District of Idaho and Special Agent in Charge Dennis W. Rice of the FBI’s Salt Lake City Field Office made the announcement. The Boise Police Department and FBI Salt Lake City Field Office investigated the case.
Assistant United States Attorney Katherine Horwitz for the District of Idaho and Trial Attorney Alec Ward of the Civil Rights Division’s Criminal Section are prosecuting the case.
An indictment is merely an allegation, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
If members of the public have information concerning hate crimes or wish to report a similar crime, they should contact the Federal Bureau of Investigation at (208) 344-7843 or the U.S. Attorney’s Office at (208) 334-1211.
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