District of Montana
Press releases recorded for this federal judicial district.
Armed Billings meth trafficker sentenced to ten years in prisonRead the Press Release
BILLINGS — A Billings man who admitted to dealing methamphetamine from a motel room and to possessing firearms for protection was sentenced on March 16 to 10 years in prison to be followed by five years of supervised release, U.S. Attorney Leif M. Johnson said.
Eric Kendrick Buchanan, 44, of Billings, pleaded guilty in September 2021 to conspiracy to possess with intent to distribute meth.
U.S. District Judge Susan P. Watters presided.
The government alleged in court documents that in 2020, law enforcement learned that Buchanan was selling meth, often from a motel room in Billings, and that he carried a firearm. Agents arranged purchases of meth from Buchanan and also conducted several traffic stops of him. During a stop in October 2020, Buchanan possessed a 9mm firearm, a meth pipe and marijuana. Buchanan told officers he traded meth for the gun. In a November 2020 traffic stop of Buchanan, officers found two 9mm handguns. Buchanan told officers he had obtained the handguns and four ounces of meth to sell from an individual and had the guns for protection. In a December 2020 traffic stop, law enforcement found a 9mm pistol, ammunition and approximately $3,000 in cash. Buchanan told officers he was on his way to buy a pound of meth with the cash. When Buchanan was arrested in February 2021 on the indictment, he had $9,300 cash, which he explained was to pay for a pound of meth he had received the previous week.
Assistant U.S. Attorney Julie R. Patten prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Pablo meth dealer sentenced to more than six years in prisonRead the Press Release
MISSOULA —A Pablo man who admitted to trafficking methamphetamine and heroin in the Lake County community was sentenced today to six years and six months in prison, to be followed by five years of supervised release, U.S. Attorney Leif M. Johnson said.
Keith Charles Baylor, 35, pleaded guilty in November 2021 to possession with intent to distribute methamphetamine and heroin.
U.S. District Judge Donald W. Molloy presided.
In court documents filed in the case, the government alleged that in May 2021, Lake County Sheriff’s Office and Flathead Tribal Police officers were on routine patrol when they made a traffic stop of Baylor when he failed to signal. Officers determined that Baylor was on state probation, which had a pick-up order for him, and also had an active tribal arrest warrant. Baylor was arrested and during a search of the vehicle, law enforcement found gram quantities of meth and heroin along with drug paraphernalia. A search of a cell phone found in the vehicle indicated that Baylor was involved in drug distribution. Baylor told officers he had made several trips to Spokane to transport drugs and had been working with larger drug dealers in Billings.
Assistant U.S. Attorney Jennifer S. Clark prosecuted the case, which was investigated by the Lake County Sheriff’s Office, Flathead Tribal Police and Homeland Security Investigations.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Former Billings nursing home worker admits stealing from elderly residentRead the Press Release
BILLINGS — A Billings woman accused of stealing money from an elderly resident while employed at a Billings nursing home today admitted to fraud and identity theft charges, U.S. Attorney Leif M. Johnson said.
Elizabeth Marie Stephenson, 36, pleaded guilty to wire fraud, bank fraud and aggravated identity theft. Stephenson faces a maximum of 30 years in prison, a $1 million fine and five years of supervised release on the bank fraud crime and a mandatory minimum two years in prison, consecutive to any other punishment, a $250,000 fine and one year of supervised release on the aggravated identity theft crime.
U.S. District Judge Susan P. Watters presided. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing was set for July 27. Stephenson was released pending further proceedings.
The government alleged in court documents that in August 2020, the Billings Police Department responded to a report of ongoing theft involving an older resident at Eagle Cliff Manor, a nursing home in Billings. The nephew of and power of attorney for the victim, identified as John Doe, 96, noticed more than $11,000 was missing from Doe’s checking account, with multiple $700 withdrawals made between July and August at Wells Fargo ATMs. Additionally, a debit card was used to purchase credit on a Telmate Inmate Service account at a detention facility. Doe did not realize he was missing money from his account until someone told him. An investigation identified Stephenson, an employee, as the suspect. Stephenson had a boyfriend who was in custody and had an active Telemate account in Idaho.
The government further alleged that Eagle Cliff Manor terminated Stephenson’s employment after discovering her name on a credit card application on Doe’s Wells Fargo account. A statement for the card reflected a $3,500 payment to a criminal defense law firm in California and a $106 charge to Telemate. A receipt from the law firm indicated that Stephenson represented that she was owner of the card and provided a Billings address. Investigators also noted the first unauthorized transaction on Doe’s checking account was at Walmart on July 24, 2020 and that, in total over the next month, more than $17,000 was taken from the account, including withdrawals of $700 nearly every day.
Stephenson admitted to an investigator that she worked with Doe and was dating the individual incarcerated in Idaho but denied the thefts. Stephenson, after being confronted with the evidence, told investigators that Doe gave her his debit card and PIN and asked her to get him a six pack of beer. Stephenson went to Walmart, bought the beer and took out money for herself. Stephenson then continued to withdraw cash for her own expenses. She also admitted to transferring Doe’s funds to the Telemate account. Stephenson claimed Doe provided consent but acknowledged he did not have the capacity to authorize her taking his money.
Assistant U.S. Attorney Karla E. Painter is prosecuting the case, which was investigated by the Billings Police Department and the United States Secret Service.
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Fort Kipp woman charged in the death of man hit by a vehicle on Fort Peck Indian ReservationRead the Press Release
GREAT FALLS — A Fort Kipp woman suspected in the death of a man hit by a vehicle on the Fort Peck Indian Reservation was arraigned on March 15 on an indictment, U.S. Attorney Leif M. Johnson said.
Jo Anne Sayetsitty, 34, pleaded not guilty to one count of voluntary manslaughter. If convicted of the most serious crime, Sayetsitty faces a maximum of 15 years in prison, a $$250,000 fine and three years of supervised release.
U.S. Magistrate Judge John T. Johnston presided. Sayetsitty was released pending further proceedings.
The indictment alleges that on Aug. 22, 2019 near Fort Kipp, on the Fort Peck Indian Reservation, Sayetsitty, upon a sudden quarrel or heat of passion, with extreme disregard for human life, recklessly and unlawfully killed the victim, identified as John Doe, by striking him and running over him with her vehicle.
The indictment is merely an accusation, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Assistant U.S. Attorneys Jared C. Cobell and Wendy A. Johnson are prosecuting the case, which was investigated by the FBI and Fort Peck Tribal Law Enforcement.
PACER case reference. 22-10.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Billings meth trafficker sentenced to more than 15 years in prisonRead the Press Release
BILLINGS — A Billings man who admitted to trafficking methamphetamine in the community after law enforcement found almost one pound of meth and a loaded firearm in his vehicle was sentenced today to 15 years and eight months in prison to be followed by five years of supervised release, U.S. Attorney Leif M. Johnson said.
Joel Zamora, 41, pleaded guilty in August 2021 to possession with intent to distribute meth.
U.S. District Judge Susan P. Watters presided.
In court documents filed in the case, the government alleged that Zamora was repeatedly caught with large quantities of meth he intended to distribute. In November 2020, law enforcement investigating Zamora suspected he had a drug supplier in Butte and conducted a traffic stop of his vehicle on Interstate 90. A search of the vehicle pursuant to a warrant found a loaded handgun under the driver’s seat, a bag containing about 400 grams, which is slightly less than one pound, of meth in a metal box on the front passenger floorboard and $3,500 cash.
Assistant U.S. Attorney Colin M. Rubich prosecuted the case, which was investigated by the FBI’s Western Transnational Organized Crime Task Force and the Eastern Montana High Intensity Drug Trafficking Area Task Force.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Billings man admits trafficking meth, fentanyl, heroinRead the Press Release
BILLINGS — A Billings man accused of possessing multiple drugs, including methamphetamine and more than 9,000 fentanyl pills, for distribution admitted to a trafficking crime today, U.S. Attorney Leif M. Johnson said.
Eric Charles Swan, 44, pleaded guilty to possession with intent to distribute controlled substances. Swan faces a mandatory minimum 10 years to life in prison, a $10 million fine and five years of supervised release.
U.S. Magistrate Judge Timothy J. Cavan presided. A sentencing date will be set before U.S. District Judge Dana L. Christensen. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Swan was detained pending further proceedings.
In court documents, the government alleged that law enforcement began an investigation into Swan and co-defendant Elizabeth Ronshaugen in 2021 after receiving information of possible drug trafficking. In November, agents observed that Swan was traveling to Denver and returning to Montana. Law enforcement pulled over Swan and Ronshaugen near Buffalo, Wyoming, and Swan was found to have several fentanyl pills in the pocket of his clothing. During a search of the vehicle, Wyoming law enforcement located approximately 9,616 fentanyl pills, approximately 466 grams, or a little more than one pound, of heroin, 103 grams of meth, a gram of cocaine, 14 Dialudid pills and $9,775 in U.S. currency. Ronshaugen has pleaded not guilty to charges.
Assistant U.S. Attorney Thomas K. Godfrey is prosecuting the case, which was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Great Falls woman admits embezzling more than $600,000 from former employerRead the Press Release
GREAT FALLS — A Great Falls woman today admitted allegations that she stole more than $600,000 from a construction company when she was employed as its bookkeeper, U.S. Attorney Leif M. Johnson said.
Nicole Ann Lopez, 37, pleaded guilty to wire fraud. Lopez faces a maximum of 20 years in prison, a $250,000 fine and three years of supervised release.
Chief U.S. District Judge Brian M. Morris presided. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Chief Judge Morris set sentencing for June 9. Lopez was released pending further proceedings.
The government alleged in court documents that in 2013, M&D Construction, Inc., a Great Falls company, hired Lopez as its bookkeeper. Lopez was given access to the company’s business enterprise bank account. Between 2017 and 2020, Lopez charged more than $600,000 on her personal credit card accounts for mostly consumer shopping and travel. To pay her personal credit card expenses, Lopez directed approximately $611,000 in 72 payments from M&D’s business account into her personal accounts without the company’s authorization. Lopez’s embezzlement scheme was discovered when she purchased a small boutique clothing store, called Sora & Co., in downtown Great Falls, and resigned from M&D. A new accountant hired to replace Lopez reviewed the books and determined that more than $600,000 was missing.
Assistant U.S. Attorney Jeffrey K. Starnes is prosecuting the case, which was investigated by the FBI.
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Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on March 11 was:
Nathan Francis Stops, 41, of Lame Deer, on charges of sexual abuse of a minor. If convicted of the most serious crime, Stops faces a maximum of 15 years in prison, a $250,000 fine and a mandatory minimum of five years to life of supervised release. Stops was detained pending further proceedings. The FBI and Bureau of Indian Affairs investigated the case. PACER case reference. 22-26.
Appearing on March 10 was:
David Benjamin Wick, Sr., 41, of Lame Deer, on charges of sexual abuse of a minor. If convicted of the most serious crime, Wick faces a maximum of 15 years in prison, a $250,000 fine and a mandatory minimum of five years to life of supervised release. Wick was detained pending further proceedings. The FBI and Bureau of Indian Affairs investigated the case. PACER case reference. 22-28.
Appearing on March 7 was:
River Gene Fortney, 22, of Livingston, on charges of conspiracy to possess methamphetamine with intent to distribute and possession with intent to distribute meth. If convicted of the most serious crime, Fortney faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. Fortney was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 22-13.
Christopher Lee Widner, 29, of Billings, on charges of prohibited person in possession of a firearm. If convicted of the most serious crime, Widner faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Widner was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 22-21.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Whitehall man sentenced to 20 months in prison for illegally possessing guns, ammunitionRead the Press Release
GREAT FALLS — A Whitehall man, a convicted felon who was on state supervision, was sentenced today to 20 months in prison to be followed by three years of supervised release for illegally possessing three firearms and ammunition, U.S. Attorney Leif M. Johnson said.
Shane William Driscoll, 36, pleaded guilty in November 2021 to prohibited person in possession of a firearm.
Chief U.S. District Judge Brian M. Morris presided.
In court documents in the case, the government alleged that in March 2021, Driscoll, a convicted felon on state supervision, possessed a semi-automatic 9mm pistol, a .25-caliber semi-automatic pistol, ammunition, a bag with marijuana and drug paraphernalia in his truck during a traffic stop in Whitehall. Driscoll also possessed a .243-caliber rifle with ammunition, methamphetamine and drug paraphernalia in a subsequent search of his trailer. All evidence was found during probation searches. In 2019, Driscoll was sentenced in state District Court for a felony drug conviction and was prohibited from possessing firearms.
The U.S. Attorney’s Office prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Jefferson County Sheriff’s Office and Montana Probation and Parole.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Box Elder man admits trafficking methamphetamine, fentanyl on Rocky Boy’s Indian ReservationRead the Press Release
GREAT FALLS — A Box Elder man accused of trafficking both methamphetamine and fentanyl pills on and around the Rocky Boy’s Indian Reservation admitted to a drug crime today, U.S. Attorney Leif M. Johnson said.
Michael James Lamere, 39, pleaded guilty to possession with intent to distribute controlled substances. Lamere faces a mandatory minimum of 10 years in prison, a $10 million fine and at least five years of supervised release.
Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris set sentencing for June 8. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Lamere was detained pending further proceedings.
The government alleged in court documents that in late 2020 and early 2021, investigators received reports that Lamere was obtaining meth and other drugs in Washington and distributing them on and around the Rocky Boy’s Indian Reservation. In August 2021, law enforcement stopped in Hill County a vehicle in which Lamere was the only passenger and had an active arrest warrant. Based on the investigation and observations during the stop, officers suspected drugs were in the vehicle, had the vehicle towed and searched pursuant to a warrant. Law enforcement found meth, heroin and 369 pills that appeared to be fentanyl. One of the pills was tested and found to contain fentanyl. Lamere admitted in an interview to trafficking both meth and fentanyl and identified himself as one of the larger drug distributors in that area.
Assistant U.S. Attorney Ethan R. Plaut is prosecuting the case, which was investigated by the FBI, Tri-Agency Task Force and Hill County Sheriff’s Office.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on March 1 was:
Leslie Patricia Rivera, 51, and Miguel Angel Medina, 61, both of the Seattle, Washington, area, on charges of conspiracy to transport and transportation of illegal aliens. If convicted of the most serious crime, the defendants face a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Both defendants were released pending further proceedings. The U.S. Border Patrol investigated the case. PACER case reference. 22-13.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on March 1 was:
Winchester Glen Wiseman, 41, of Helena, on charges of possession with intent to distribute controlled substances, distribution of methamphetamine, possession of a firearm in furtherance of a drug trafficking crime and felon in possession of a firearm. If convicted of the most serious crime, Wiseman faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release on the possession with intent to distribute crime and a mandatory minimum five years in prison consecutive any other sentence, a $250,000 fine and three years of supervised release on the possession of firearm in furtherance of drug trafficking crime. Wiseman was detained pending further proceedings. The FBI, Great Falls Police Department, Cascade County Sheriff’s Office and Missoula Police Department investigated the case. PACER case reference. 22-13.
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on March 4 was:
Jesse Michael Montagna, also known as Jeffery M. Rothenberg, 55, of Billings, on charges of wire fraud, bank fraud and aggravated identity theft. If convicted of the most serious crime, Montagna faces a maximum of 30 years in prison, a $250,000 fine and five years in prison on the bank fraud crime and a mandatory minimum two years in prison consecutive to any other sentence, a $250,000 fine and one year of supervised release on the identity theft crime. Montagna was detained pending further proceedings. The Homeland Security Investigations and Billings Police Department investigated the case. PACER case reference. 22-19.
Appearing on March 1 was:
Ross James Thomas, 35, of Big Timber, on charges of unlawful possession of a machine gun and possession of an unregistered firearm. If convicted of the most serious crime, Thomas faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Thomas was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 21-89.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Whitefish man sentenced to six years in prison for defrauding Montana investor of $2.3 million in scheme to fund fake CIA rescue missionsRead the Press Release
MISSOULA — A Whitefish man who admitted to defrauding a Montana investor of $2.3 million by falsely claiming to be a former Force Recon Marine and CIA operative who needed funds to run fake CIA rescue missions in foreign countries but instead used the money for personal gain was sentenced today to six years in prison, followed by three years of supervised release, U.S. Attorney Leif M. Johnson said.
Matthew Anthony Marshall, 51, pleaded guilty in November 2021 to wire fraud, money laundering and tax evasion.
U.S. District Judge Donald W. Molloy presided. Judge Molloy also ordered a total of $3,254,327 restitution, with $2,355,000 to be paid to the victim, identified as John Doe, and $899,327 to be paid to the IRS. Judge Molloy accepted a plea agreement in the case and dismissed eight other counts. Marshall was allowed to self-surrender to the Bureau of Prisons.
“Marshall promoted a fantasy world filled with fake missions carried out by fictitious operatives for clandestine agencies in faraway lands for phony purposes. It was all fake, but unfortunately it was paid for with real money from a real victim. And the money never went anywhere except to Marshall’s personal accounts,” U.S. Attorney Johnson said. “The lengths to which Marshall went to carry off this fraud can hardly be overstated. He used a phone application to send fake text messages; he created false emails; he sent the victim prayer beads collected during a fake mission; and he got a tattoo to falsely signify that he was a member of ‘Force Recon,’ etc. The list goes on. I want to thank Assistant U.S. Attorneys Tim Racicot and Ryan Weldon, Trial Attorney S. Derek Shugert, National Security Division, U.S. Department of Justice, and the federal agents who poured countless hours into uncovering this scheme and bringing Marshall to justice,” U.S. Attorney Johnson added.
“Mr. Marshall devised an elaborate scheme layered in lies to defraud the victim,” said Special Agent in Charge Dennis Rice of the Salt Lake City FBI. “Like most fraud cases, Mr. Marshall’s motive was simply greed. The FBI's Salt Lake City Field Office would like to acknowledge the many special agents across the country, the intelligence community, and witnesses, who worked together to hold this accomplished fraudster and manipulator accountable and seek justice for the victim.”
“Tax evasion and fraud of this magnitude and with this degree of dishonesty and deceit, deserves to be punished. I applaud the investigative efforts of our agents and federal law enforcement partners in uncovering this elaborate scheme and bringing Mr. Marshall to justice,” said Andy Tsui, IRS Criminal Investigation Special Agent in Charge, Denver Field Office. “Today’s sentencing serves as a reminder to others that operating outside of the law and failing to pay taxes on income gained through legal or illegal means has severe consequences.”
In court documents, the government alleged that in Spring 2013, Marshall began working for John Doe. In a scheme that involved numerous lies, fake emails and phony texts, Marshall convinced John Doe that he was a former CIA operative and a former member of an elite Force Reconnaissance unit in the U.S. Marine Corps who had engaged in covert missions around the world.
Marshall asked John Doe if he would fund “off the books” CIA-backed rescue missions, which Marshall said would involve assault teams he would lead in foreign countries. Based on Marshall’s false representations, John Doe wired Marshall a series of payments, totaling about $2,355,000, from 2013 to 2016, all under the guise of funding five missions for the CIA as described by Marshall.
As part of the scheme, Marshall forwarded John Doe fake text messages, allegedly from Cofer Black, a former CIA officer who was the director of the CIA Counterterrorist Center, lauding his success. To further the myth that he worked for the CIA under Cofer Black, Marshall obtained fake phone numbers using a phone application, called Burner, and logged two numbers with Virginia area codes into his account as being affiliated with Cofer Black. He then sent himself fake messages, purportedly from Cofer Black. Cofer Black has never been associated with either Virginia number Marshall used with the Burner app and does not know Marshall.
In fact, Marshall was never affiliated with the CIA in any capacity and never served in an elite Force Reconnaissance unit in the Marine Corps. Marshall received an Other Than Honorable discharge from the Marine Corps Reserve in November 1999.
Marshall did not use John Doe’s money for any missions. Rather, Marshall spent the money on personal expenses and loans and gifts to friends and family members. Marshall also failed to report money received from John Doe in 2013 for two purported missions as income on his tax return, resulting in a tax evasion of $356,756.
Assistant U.S. Attorneys Timothy J. Racicot and Ryan G. Weldon and Trial Attorney S. Derek Shugert, National Security Division, U.S. Department of Justice, prosecuted the case, which was investigated by the IRS Criminal Investigation and FBI.
Note: Click to view
Marshall Sentencing MemoPACER case reference. 20-32
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Fraudulent check scheme sends Great Falls woman to prison for 26 monthsRead the Press Release
GREAT FALLS — A Great Falls woman who admitted to a fraudulent check scheme in which she used fake identifications and stolen checks to buy merchandise in the community was sentenced today to 26 months in prison to be followed by three years of supervised release, U.S. Attorney Leif M. Johnson said.
Rachel Sheree Abbott, 34, pleaded guilty in October 2021 to wire fraud and aggravated identity theft.
Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris also ordered $23,309 restitution.
In court documents, the government alleged that in 2019 and 2020, Abbott became involved in a fraudulent check scheme where she used fake identification cards, stolen checks and check printing software and materials to create new checks with valid account numbers.
Another individual would make for Abbott fake identification cards that contained a real identity with Abbott’s picture. Abbott also received stolen checks from others and would put this real identity on the stolen checks in conjunction with the real account number. Abbott then used the fake identification card and altered checks to spend approximately $25,000 at businesses in the Great Falls community.Assistant U.S. Attorneys Jessica A. Betley and Jeffrey K. Starnes prosecuted the case, which was investigated by the FBI and Great Falls Police Department.
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Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Feb. 24 was:
Aimee Jeanette Bartlette, 40, of Livingston, on charges of conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute meth. If convicted of the most serious crime, Bartlette faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. Bartlette was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 22-13.
Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on Feb. 25 was:
Michael Kullberg, 40, of Kalispell, on charges of theft of mail, conspiracy to commit wire fraud, and aggravated identity theft. If convicted of the most serious crime, Kullberg faces a maximum of 20 years in prison, a $250,000 fine and three years of supervised release on the fraud counts and a mandatory minimum two years in prison consecutive to any other sentence, a $250,000 fine and one year of supervised release on the identity theft count. Kullberg was detained pending further proceedings. The Kalispell Police Department, Eureka Police Department, Lincoln County Sheriff’s Office and U.S. Postal Service Office of Inspector General investigated the case. PACER case reference. 22-09.
Appearing on Feb. 23 was:
Aric Collin Normile, 41, of Belgrade, on charges of attempted coercion and enticement of a minor. If convicted of the most serious crime, Normile faces a mandatory minimum 10 years to life in prison, a $250,000 fine and five years to life of supervised release. Normile was detained pending further proceedings. The FBI, Montana Division of Criminal Investigation, Montana Internet Crimes Against Children Task Force and FBI’s Child Exploitation and Human Trafficking Task Force. PACER case reference. 22-08.
Appearing on Feb. 22 was:
Michael Russell Torres, 29, of Billings, on charges of prohibited person in possession of firearm. If convicted of the most serious crime, Torres faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Torres was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Missoula Police Department investigated the case. PACER case reference. 22-07.
Jennifer Don Smith, 37, of Kalispell, on charges of conspiracy to commit wire fraud, wire fraud and aggravated identity theft. If convicted of the most serious crime, Smith faces a maximum of 20 years in prison, a $250,000 fine and three years of supervised release on the conspiracy and fraud counts and a mandatory two years in prison consecutive to any other sentence, a $250,000 fine and one year of supervised release on the aggravated identity theft count. Smith was released pending further proceedings. The Eureka Police Department, Lincoln County Sheriff’s Office, Kalispell Police Department and U.S. Postal Service Office of Inspector General investigated the case. PACER case reference. 22-9.
Nicole Lynn Zinda, 37, of Butte, on charges of unlawfully obtaining a controlled substance. If convicted of the most serious crime, Zinda faces a maximum of four years in prison, a $250,000 fine and three years of supervised release. Zinda was released pending further proceedings. The Drug Enforcement Administration, Montana Division of Criminal Investigation and St. James Hospital investigated the case. PACER case reference. 22-4.
Virginia Kathleen Pearson, 55, of Phillipsburg, on charges of health care fraud, theft of government money, false statements to government agency and Social Security fraud. If convicted of the most serious crime, Pearson faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Pearson was released pending further proceedings. The Social Security Administration and Montana Department of Public Health and Human Services investigated the case. PACER case reference. 22-8.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Feb. 22 was:
James Earl Derbyshire, 41, of Stockett, on charges of prohibited person in possession of a firearm and ammunition. If convicted of the most serious crime, Derbyshire faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Derbyshire was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives and Great Falls Police Department investigated the case. PACER case reference. 22-2.
Eric Guy Boucher, 42, a transient, on charges of possession with intent to distribute meth and drug user in possession of a firearm. If convicted of the most serious crime, Boucher faces a mandatory minimum five years to 40 years in prison, a $5 million fine and at least four years of supervised release. Boucher was detained pending further proceedings. The FBI, Russell Country Drug Task Force and Great Falls Police Department investigated the case. PACER case reference. 22-8.
Jamie Marie Lonefight, 65, of Plentywood, on charges of possession with intent to distribute meth. If convicted of the most serious crime, Lonefight faces a mandatory minimum five years to 40 years in prison, a $5 million fine and at least four years of supervised release. Lonefight was released pending further proceedings. The Drug Enforcement Administration investigated the case. PACER case reference. 21-68.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Great Falls man sentenced to 14 years in prison for distributing meth, fentanyl that led to deathRead the Press Release
GREAT FALLS — A Great Falls man who admitted to distributing methamphetamine and fentanyl to a person who died of an overdose was sentenced today to 14 years in prison to be followed by three years of supervised release, U.S. Attorney Leif M. Johnson said.
Kent Fox, 48, pleaded guilty in October 2021 to distribution of controlled substances resulting in death.
Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris also ordered $815 restitution.
The government alleged in court documents that on Aug. 23, 2020, Great Falls police were dispatched to a camper trailer and found a male, identified as John Doe, deceased. Fox was on the scene, was friends with John Doe, had last seen him two days earlier and had gone to check on him. Fox found John Doe deceased. The government further alleged that two days earlier, Fox helped arranged a drug deal between his co-defendant, Brandie Rae Fulbright, and John Doe. As part of the deal, Fox received a semiautomatic rifle and John Doe received meth and two blue pills, identified as fentanyl. An autopsy determined that Doe died from an overdose of a combination of meth and fentanyl, which were the same substances recovered from John Doe’s trailer. Fulbright has pleaded guilty to charges in the case and is awaiting sentencing.
Assistant U.S. Attorney Jeffrey K. Starnes prosecuted the case, which was investigated by the FBI and Great Falls Police Department.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Owner of former Bozeman whiskey distillery admits bank fraudRead the Press Release
MISSOULA — The owner of a former whiskey distillery in Bozeman today admitted to defrauding a bank that had loaned him money for the business, U.S. Attorney Leif M. Johnson said.
Bryan Lee Schultz, 46, of Las Vegas, Nevada, pleaded guilty to bank fraud. Schultz faces a maximum of 30 years in prison, a $1 million fine and five years of supervised release.
U.S. Magistrate Judge Kathleen L. DeSoto presided. Sentencing was set for June 16 before U.S. District Judge Dana L. Christensen. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Schultz was released pending further proceedings.
The government alleged in court documents that Schultz started Roughstock Distillery and that it was open between April 2008 and June 2016. To operate the business, Schultz obtained two loans from Big Sky Western Bank, with the first loan for $213,000 and the second loan for $90,000. Under the loan terms, Schultz granted the bank a security interest in all collateral of Roughstock Distillery, including proceeds from the sale of inventory. The bank used the inventory as security so it would not lose money if Schultz defaulted on the loans. The government further alleged that in October 2016, Schultz received a $100,000 payment for the sale of whiskey stills and defrauded the bank by not informing it of the sale or remitting payment of the proceeds to the bank as required.
Assistant U.S. Attorney Ryan G. Weldon is prosecuting the case, which was investigated by the FBI.
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Heart Butte man who shot up house, injuring three on Fort Belknap Indian Reservation sentenced to more than six years in prisonRead the Press Release
GREAT FALLS – A Heart Butte man who admitted to shooting up a house with a hunting rifle and wounding three of the occupants on the Fort Belknap Indian Reservation was sentenced today to six years and six months in prison to be followed by three years of supervised release, U.S. Attorney Leif M. Johnson said.
David Eugene Wing, 44, pleaded guilty in October 2021 to a superseding information charging him with assault with a dangerous weapon and with carrying a firearm in commission of a crime of violence.
Chief U.S. District Judge Brian M. Morris presided.
In court documents filed in the case, the government alleged that on Jan. 1, 2020, during a New Year’s Eve party at a Lodge Pole residence, on the Fort Belknap Indian Reservation, Wing was involved in a fight with multiple individuals after he slapped an individual, identified as Jane Doe. Wing left the party intoxicated and angry and drove to a nearby residence where he retrieved a 22-250 caliber hunting rifle. Individuals at the party warned everyone there that Wing likely would return with a gun for revenge. Wing drove back to the residence and fired three or four rounds into the residence with intent to harm Jane Doe and others he felt had attacked him. Shrapnel struck and injured Jane Doe, a minor child and another individual, identified as Jane Doe 2.
Assistant U.S. Attorney Jared C. Cobell prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, FBI and the Fort Belknap Police Department.
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Great Falls woman admits to trafficking methamphetamineRead the Press Release
GREAT FALLS — A Great Falls woman suspected of traveling to Las Vegas, Nevada, to obtain methamphetamine for distribution admitted to a trafficking charge today, U.S. Attorney Leif M. Johnson said.
Lillian Marie Lapier, 45, pleaded guilty to a superseding information charging her with possession with intent to distribute meth. Lapier faces a mandatory minimum five years to 40 years in prison, a $5 million fine and at least four years of supervised release.
Chief U.S. District Judge Brian M. Morris presided. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Chief Judge Morris set sentencing for May 26. Lapier was detained pending further proceedings.
The government alleged in court documents that in May 2021, agents with the Russell Country Drug Task Force executed a search warrant on a Great Falls residence, recovered meth and learned that the source of supply was Lapier, who was traveling to Great Falls with meth. The investigation led to a Helena residence of co-defendant, Rhonda Lapier, also known as Rhonda Trench, where Rhonda Lapier and Lillian Lapier were suspected of trafficking meth together. After observing vehicles arrive and depart the residence, law enforcement stopped a suspect vehicle driven by Lillian Lapier and found cash and about 3.6 pounds of actual meth in the trunk. Lillian Lapier told law enforcement that she and Rhonda Lapier had left Las Vegas, Nevada, together after re-suppling with meth from a California-based supplier. Lillian Lapier also told officers she had been getting about two pounds of meth every week to a week and a half for the past three to four months. Officers found about three pounds of meth at the Helena evidence. The six pounds of meth seized is the equivalent of 21,744 doses. Rhonda Lapier was sentenced to more than five years in prison for conviction in the case. A third co-defendant, Ashley Nicole Rico, is pending sentencing for her conviction in the case.
Assistant U.S. Attorney Ethan R. Plaut is prosecuting the case, which was investigated by the Russell Country Drug Task Force, the Missouri River Drug Task Force, FBI, Great Falls Police Department Cascade County Sheriff’s Office and Lewis and Clark County Sheriff’s Office.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Belgrade meth trafficker sentenced to five years in prisonRead the Press Release
MISSOULA — A Belgrade man who admitted to supplying methamphetamine to others for resale was sentenced today to five years in prison to be followed by five years of supervised release, U.S. Attorney Leif M. Johnson said.
Arthur Ronald Kane, 52, pleaded guilty in September 2021 to possession with intent to distribute meth.
U.S. District Judge Dana L. Christensen presided.
In court documents, the government alleged that in late 2020, the Missouri River Drug Task Force observed Kane make several drug transactions. Kane told investigators that he became a “middle-man” in meth distribution for co-defendant Jared Williams in the winter of 2019 and that he sold meth to two people. Kane also told investigators that he received meth from another co-defendant, Max Dudley Stilson, and agreed that the three of them worked together to distribute drugs. Williams was sentenced to eight years in prison for conviction in the case. An arrest warrant was issued for Stilson, who failed to appear for sentencing after conviction in the case. A third co-defendant, Marty Eugene McDonald, is pending sentencing for conviction in the case.
Assistant U.S. Attorney Jennifer S. Clark prosecuted the case, which was investigated by the Missouri River Drug Task Force and the Montana Highway Patrol.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Feb. 17 was:
James Edward Dempster, 42, of Big Timber, on charges of prohibited person in possession of a firearm. If convicted of the most serious crime, Dempster faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Dempster was released pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 22-03.
Raynard Dublunch Porche, 49, of Nampa, Idaho, on charges of prohibited person in possession of a firearm. If convicted of the most serious crime, Porche faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 22-08.
Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on Feb. 17 was:
Michael Scott Naron, 33, address unknown, on charges of conspiracy to distribute methamphetamine and possession with intent to distribute meth. If convicted of the most serious crime, Naron faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. Naron was detained pending further proceedings. The FBI, Missoula County Sheriff’s Office, Missoula Police Department and Montana Highway Patrol investigated the case. PACER case reference. 21-18.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Wolf Point man who assaulted man in head with bat sentenced to 32 months in prisonRead the Press Release
GREAT FALLS — A Wolf Point man who admitted to attacking a man in the head with a bat on the Fort Peck Indian Reservation was sentenced today to 32 months in prison to be followed by three years of supervised release, U.S. Attorney Leif M. Johnson said.
Harry B. Azure, 22, pleaded guilty in October 2021 to assault resulting in serious bodily injury.
Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris also ordered $13,505 restitution.
In court documents filed in the case, the government alleged that on Nov. 19, 2019 in Wolf Point, Azure and another individual broke through the door of the residence of the victim, identified as John Doe, struck the victim multiple times in the head with a small baseball bat and left. The victim initially was treated at a local hospital then flown to Billings because of the severity of injuries.
The U.S. Attorney’s Office, including Assistant U.S. Attorney Wendy Johnson, prosecuted the case, which was investigated by the FBI and Fort Peck Tribal Police.
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Whitehall man admits receiving child pornographyRead the Press Release
GREAT FALLS — A Whitehall man suspected of downloading child pornography for approximately six years admitted charges on Feb. 16, U.S. Attorney Leif M. Johnson said today.
Tyler D. Pinnt, 35, pleaded guilty to an information charging him with receipt of child pornography. Pinnt faces a mandatory minimum five years to 20 years in prison, a $250,000 fine, five years to a lifetime of supervised release and special assessments.
Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris set sentencing for May 19 and continued Pinnt’s release pending further proceedings. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The government alleged in court documents that Pinnt received child pornography from about March 2015 to July 2021. The Montana Internet Crimes Against Children Task Force was investigating Pinnt for online crimes against children and on July 13, 2021, served a search warrant on his residence near Whitehall. Agents seized several computers and cellular phones and conducted a forensic examination of the devices. At the time of the search, Pinnt admitted in an interview that he found child pornography online and that agents would locate child pornography on his laptop and desktop computers. Investigators located child pornography images and videos on Pinnt’s two phones and his computers and determined that Pinnt had downloaded the material between March 2015 and July 2021.
Assistant U.S. Attorney Cyndee L. Peterson is prosecuting the case, which was investigated by the Montana Internet Crimes Against Children Task Force, FBI, Lewis and Clark County Sheriff’s Office, Helena Police Department and Seattle (Washington) Police Department Human Trafficking Unit.
This case was initiated under the Department of Justice’s Project Safe Childhood initiative, which was launched in 2006 to combat the proliferation of technology-facilitated crimes involving the sexual exploitation of children. Through a network of federal, state and local law enforcement agencies and advocacy organizations, Project Safe Childhood attempts to protect children by investigating and prosecuting offenders involved in child sexual exploitation. It is implemented through partnerships including the Montana Internet Crimes Against Children Task Force. The ICAC Task Force Program was created to assist state and local law enforcement agencies by enhancing their investigative response to technology facilitated crimes against children.
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Lame Deer man admits manslaughter charge in stabbing at Crow AgencyRead the Press Release
BILLINGS — A Lame Deer man accused of fatally stabbing another man during an argument at a Crow Agency convenience store on the Crow Indian Reservation admitted to a manslaughter charge today, U.S. Attorney Leif M. Johnson said.
James Posey Fisher Sr., 35, pleaded guilty to voluntary manslaughter. Fisher faces a maximum of 15 years in prison, a $250,000 fine and three years of supervised release.
U.S. District Judge Susan P. Watters presided. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing was set for July 8. Fisher was detained pending further proceedings.
The government alleged in court documents that on June 28, 2020, at the Teepee Station convenience store in Crow Agency, Fisher stabbed the victim, identified as John Doe, once in the chest. The victim died of a single stab wound before reaching the hospital. Fisher and victim were with other individuals and were drinking heavily. At some point, John Doe started teasing Fisher about a fight the previous evening, saying he had to finish what Fisher had started. Fisher and John Doe began arguing in a car that Fisher was driving and continued the argument when they got out at the convenience store. The argument turned physical. Witnesses thought it was only a fist fight until John Doe backed up suddenly, ran a short distance and collapsed. Witnesses realized John Doe had been stabbed because he was bleeding. Fisher jumped back into the car and drove away.
Assistant U.S. Attorneys Lori Harper Suek and Jeanne R. Torske and student intern, Alex Butler, are prosecuting the case, which was investigated by the FBI.
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Drug trafficking and brandishing a firearm send Billings man to prison for more than eight yearsRead the Press Release
BILLINGS — A Billings man who admitted to trafficking cocaine and ecstasy and brandishing a firearm in relation to those crimes after being indicted in a sex and drug trafficking investigation was sentenced today to eight years and nine months in prison to be followed by three years of supervised release, U.S. Attorney Leif M. Johnson said.
Djavon Lamont King, 31, pleaded guilty in February 2021 to conspiracy to possess with intent to distribute cocaine and ecstasy and to possession of and brandishing a firearm in furtherance of a drug trafficking crime.
U.S. District Judge Susan P. Watters presided.
In court documents filed in the case, the prosecution alleged that in 2019, King, a co-defendant, Mario Drake, and others conspired to distribute illegal narcotics, including cocaine and ecstasy. On April 24, 2019, two individuals attempted to distribute some of the ecstasy related to the conspiracy. The transaction, which involved a buyer, was set to occur at a motel in Billings. However, at the meeting a struggle ensued, and the buyer assaulted one of the individuals and left the scene. Following this incident, the individual informed King and Drake about what had occurred at the motel. In response, on April 29, 2019, King, Drake, and others, arranged a meeting with the buyer, during which they assaulted the buyer while holding firearms. King and others later informed the two individuals who had gone to the drug deal that they retaliated against the buyer in response to the failed drug deal.
Drake has pleaded guilty to charges and is awaiting sentencing.
The U.S. Attorney’s Office, including Assistant U.S. Attorneys Zeno B. Baucus and Benjamin D. Hargrove, prosecuted the case, which was investigated by the FBI and Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Sidney meth dealer sentenced to more than 10 years in prisonRead the Press Release
BILLINGS — A Sidney man who admitted to selling methamphetamine was sentenced today to 10 years and 10 months in prison to be followed by five years of supervised release, U.S. Attorney Leif M. Johnson said.
Jose Eduardo Garcia, 31, pleaded guilty in August 2021 to possession with intent to distribute meth.
U.S. District Judge Susan P. Watters presided.
The government alleged in court documents that on two occasions in 2020, Garcia sold meth from his residence during controlled buys. The transactions totaled slightly more than 50 grams.
Assistant U.S. Attorney Karla E. Painter prosecuted the case, which was investigated by the Drug Enforcement Administration, the Eastern Montana Drug Task Force and the Montana Division of Criminal Investigation.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Minnesota man sentenced to six years in prison for trafficking oxycodone on Fort Peck Indian ReservationRead the Press Release
GREAT FALLS — A Minnesota man who admitted to making hundreds of thousands of dollars selling oxycodone pills while renting a house on the Fort Peck Indian Reservation was sentenced today to six years in prison to be followed by three years of supervised release, U.S. Attorney Leif M. Johnson said.
Jason Tyrell Lee, 46, of Prior Lake, Minnesota, pleaded guilty in September 2021 to possession with intent to distribute oxycodone and money laundering.
Chief U.S. District Judge Brian M. Morris presided.
The government alleged in court documents that for approximately six years, from 2014 through spring 2020, Lee and co-defendant, Kaycee Lynn Menz, were selling oxycodone pills from a house they rented in Poplar, on the Fort Peck Indian Reservation. Lee, who resided primarily in Minnesota, supplied Menz with pills to sell on and around the reservation. Financial records showed that their operation generated large sums of cash in Montana and that they then moved the proceeds to accounts held in Lee’s name and in the name of his Minnesota business, Above Average Marketing. During the period of the drug operation, more than $700,000 was deposited into Above Average Marketing banks accounts. Meanwhile, despite the vast quantities of deposits, Lee was reporting little legitimate business income. One customer estimated spending $30,000 on pills from Menz, pills that had been supplied by Lee. In a May 2020 traffic stop of Lee, agents found approximately 410 pills containing oxycodone.
Menz previously was sentenced to 40 months in prison for her conviction in the case.
Assistant U.S. Attorney Ethan R. Plaut prosecuted the case, which was investigated by the Drug Enforcement Administration, FBI, Roosevelt County Sheriff’s Office and Montana Highway Patrol.
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Jury convicts Washington woman of cyberstalking for harassing, threatening Montana man, public officialsRead the Press Release
MISSOULA — A jury today convicted a Washington woman of cyberstalking a Montana man she met online and public officials by hacking the man’s email and sending harassing and threatening communications, U.S. Attorney Leif M. Johnson said.
After a three-day trial, the jury found Kathy Ann Hendrickson, also known as Kathy Thorberg, 60, of Walla Walla, Washington, guilty of cyberstalking as charged in an indictment. Hendrickson faces a maximum of five years in prison, a $250,000 fine and three years of supervised release. The trial began on Feb. 14.
U.S. District Judge Donald W. Molloy presided. Judge Molloy set sentencing for May 26. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Hendrickson was detained pending further proceedings.
“Hendrickson stole the victim’s personal information, hacked into his email account and then used her cell phone as a weapon to threaten and harass not only the victim but also public officials. Predators who try to hide their true identity on the internet to stalk innocent victims will be held fully accountable. I want to thank Assistant U.S. Attorney Timothy J. Racicot and the FBI for investigating and prosecuting this case,” U.S. Attorney Johnson said.
In court documents and at trial, the government presented evidence that Hendrickson met the victim, identified as John Doe, on a dating website sometime in 2015 or 2016. The two communicated online and eventually met in person on several occasions at John Doe’s residence in Trout Creek. John Doe ended the relationship. John Doe strongly suspected Hendrickson of stealing his wallet. Hendrickson started harassing John Doe as early as May 2018 when, using an anonymous email account, sent John Doe an email stating, “I’m going to bring you down.” Hendrickson also called the Sanders County Sheriff’s Office and claimed John Doe was threatening her.
The government further alleged that Hendrickson obtained John Doe’s email password, hacked into his account and sent nasty messages to his friends and threatening messages to herself. Henderson forwarded the alleged threatening messages to the Sanders County Sheriff’s Office and asked for protection from John Doe. Hendrickson also used John Doe’s email account to send threatening messages to two Sanders County commissioners and a receptionist. The subject of the messages was “Death,” and contained messages including, “Your (sic) going to die.”
The harassment continued, the government alleged, and in January 2019, Hendrickson hacked John Doe’s email address and sent a threat to Montana’s then-Gov. Steve Bullock. The message read, “You are the worst Governor for our state. Do us all a favor and leave. Maybe best if you were terminated permantly (sic). A gun, which I have many will do the job. Be aware of your surroundings.”
Investigators identified Hendrickson as the suspect, executed a search warrant at her residence and seized her cell phone. A forensic examination of the phone found evidence relevant to Hendrickson’s stalking of John Doe, including an app that allows users to place calls that appear to be from numbers other than the number assigned to the phone. John Doe and his friends received dozens of prank calls during 2018 from numbers they did not recognize. Investigators also suspected Hendrickson was using a burner cell phone to send menacing emails from John Doe’s account. Hendrickson used the burner phone to call the U.S. Attorney’s Office in Yakima, Washington, and the FBI office in Richland, Washington, within days of the search of her residence and seizure of her actual phone and asked when her phone might be returned.
Assistant U.S. Attorney Timothy J. Racicot is prosecuting the case, which was investigated by the FBI.
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Helena woman sentenced to more than five years in prison for trafficking methamphetamine from Las Vegas into MontanaRead the Press Release
GREAT FALLS — A Helena woman who admitted to helping to bring pounds of methamphetamine from Las Vegas, Nevada, into Montana for distribution was sentenced today to five years and six months in prison to be followed by four years of supervised release, U.S. Attorney Leif M. Johnson said.
Rhonda Jeanette Lapier, also known as Rhonda Trench, 49, pleaded guilty in October 2021 to possession with intent to distribute meth.
Chief U.S. District Judge Brian M. Morris presided.
In court documents filed in the case, the government alleged that in May, an investigation in Great Falls led to Lapier’s residence, where she and a co-defendant were suspected of trafficking meth together. Officers ultimately stopped a vehicle being driven by the co-defendant and found about 3.6 pounds of meth in the trunk. Officers also obtained a warrant to search Lapier’s residence and located about three pounds of meth and $6,132 in a bedroom where Lapier had been staying with another person. Officers learned that several people, including Lapier, had gone to Las Vegas to pick up meth, had returned with six pounds and had dropped some of it off at Lapier’s residence. Six pounds of meth is the equivalent of 21,744 doses.
Assistant U.S. Attorney Ethan R. Plaut prosecuted the case, which was investigated by the Russell Country Drug Task Force, the Missouri River Drug Task Force, FBI, Great Falls Police Department, Cascade County Sheriff’s Office and Lewis & Clark County Sheriff’s Office.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Billings man sentenced to two years in prison for cocaine trafficking, promoting prostitutionRead the Press Release
BILLINGS — A Billings man who admitted to trafficking cocaine and promoting prostitution in the community by setting up a commercial sex date for an individual was sentenced today to two years in prison to be followed by three years of supervised release, U.S. Attorney Leif M. Johnson said.
Anthony Marcos Chadwell, 28, pleaded guilty in August 2021 to a superseding information charging him with conspiracy to possess with intent to distribute cocaine and with use of a facility in interstate commerce in aid of racketeering.
Chadwell also was sentenced today to one year in prison for multiple violations of federal supervised release imposed in a prior conviction on a firearms offense. The one-year term is to be served consecutively to the sentence imposed for the cocaine trafficking and promoting prostitution offenses, bringing Chadwell’s total amount of imprisonment to three years.
U.S. District Judge Susan P. Watters presided.
The government alleged in court documents that in 2019, Chadwell became involved in a cocaine trafficking conspiracy and in commercial sex in Billings. Chadwell distributed cocaine to individuals, including to his co-defendant, William Newkirk. In early 2019, Chadwell was introduced to an individual, identified as Jane Doe 11. At some point, Doe 11 began engaging in commercial sex with Chadwell’s assistance. Chadwell used his cellular phone to set up a commercial sex date for Doe 11 at a Billings motel in which Doe 11 engaged in a sex act in exchange for money.
The U.S. Attorney’s Office prosecuted the case, which was investigated by the FBI and Bureau of Alcohol, Tobacco, Firearms and Explosives.
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Kalispell man sentenced to prison for transporting stolen firearms to Idaho, trafficking methRead the Press Release
MISSOULA — A Kalispell man who admitted transporting firearms and ammunition stolen from a storage unit to Idaho and to trafficking methamphetamine was sentenced on Feb. 11 to six years and eight months in prison, to be followed by five years of supervised release, U.S. Attorney Leif M. Johnson said.
Joseph Vernon Holmstrom 41, pleaded guilty in October 2021 to interstate transportation of stolen firearms and to possession with intent to distribute meth.
U.S. District Judge Donald W. Molloy presided. Judge Molloy ordered restitution of $101,900 to be joint and several with the co-defendant.
The government alleged in court documents that in December 2019, Idaho Falls, Idaho, police responded to a report of an abandoned U-Haul vehicle that appeared to have been stolen. An investigation led to a Kalispell man, who then discovered his storage unit in Kalispell had been burglarized and that he was missing firearms and ammunition. Holmstrom, who was with the U-Haul, had the victim’s driver’s license in his pocket.
The investigation further led to co-defendant, Jeremy Anthony O’Canna, and evidence of him entering the victim’s storage unit and removing guns and ammunition. O’Canna sent Facebook messages to people asking if they needed guns and sent photographs of guns and ammunition he had to sell. He claimed he was on his way to Idaho Falls to sell guns to Mexicans. Holmstrom messaged people that they were going to need two U-Hauls, in reference to hauling the guns, sent the same pictures of guns and ammunition that O’Canna was sending and that he was in Idaho Falls. In December, Holmstrom sent messages that they were robbed. The firearms and ammunition have not been recovered.
When arrested in Idaho Falls, Holmstrom had a small amount of meth, and witnesses told law enforcement that they purchased meth from Holmstrom.
O’Canna was sentenced previously to two years in prison and ordered to pay $101,900 restitution for conviction in the case.
Assistant U.S. Attorney Jennifer S. Clark prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Flathead County Sheriff’s Office, Idaho Falls Police Department and Idaho Falls Animal Control.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Kalispell felon who confronted two strangers, displayed a gun was sentenced to more than six years in prisonRead the Press Release
MISSOULA — A Kalispell man who admitted to confronting two strangers in a parking lot and displaying a firearm he was prohibited from having was sentenced today to six years and five months in prison to be followed by three years of supervised release, U.S. Attorney Leif M. Johnson said.
John Lee Barlow, 42, pleaded guilty in October 2021 to prohibited person in possession of a firearm.
U.S. District Judge Donald W. Molloy presided.
The government alleged in court documents that on May 23, 2021, the victim called 911 to report that a man, later identified as Barlow, had pulled a gun on him and his girlfriend in a parking lot in Kalispell. The victim reported that he had parked his vehicle and started walking to a restaurant when a Dodge pickup drove toward him and stopped abruptly. Barlow, the driver and sole occupant, got out and started screaming at the victim for walking in front of him. Barlow then pulled up his shirt, placed his hand on a holstered pistol and shouted, “I’m the police!” before returning to his truck and driving away. The victim’s girlfriend witnessed the altercation and told officers that Barlow was “acting like he was gonna shoot us.” The girlfriend took photographs of Barlow and his truck. Surveillance video from a nearby casino recorded the interaction. Officers ultimately identified and arrested Barlow and obtained a .40-caliber semi-automatic pistol from his residence. Barlow had prior felony convictions for aggravated assault in Georgia and was prohibited from possessing firearms.
Assistant U.S. Attorney Karla E. Painter prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Kalispell Police Department.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Feb. 10 was:
Shawndra Marie Pietz, 35, of Billings, on charges of bank fraud and aggravated identity theft. If convicted of the most serious crime, Pietz faces a maximum of 30 years in prison, a $250,000 fine and five years of supervised release on the bank fraud crime and a mandatory minimum two years in prison consecutive to any other sentence, a $250,000 fine and one years of supervised release on the aggravated identity theft crime. Pietz was detained pending further proceedings. The Billings Police Department investigated the case. PACER case reference. 22-7.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Feb. 8 was:
Hunter Dylan Bell, 28, of Great Falls, on charges of possession of an unregistered firearm, prohibited person in possession of a firearm and possession with intent to distribute heroin. If convicted of the most serious crime, Bell faces a maximum of 20 years in prison, a $1 million fine and three years of supervised release. Bell was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Great Falls Police Department investigated the case. PACER case reference. 22-1.
Jesus Zamora-Cuevas, 23, of Mexico, on charges of prohibited person in possession of firearm and ammunition and illegal re-entry. If convicted of the most serious crime, Zamora-Cuevas faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Zamora-Cuevas was detained pending further proceedings. Homeland Security Investigations investigated the case. PACER case reference. 22-11.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Lame Deer man sentenced to more than 17 years in prison for assault, firearms crimes after high-speed chase, shootout with officers on Northern Cheyenne Indian ReservationRead the Press Release
BILLINGS — A Lame Deer man was sentenced today to 17 years and four months in prison to be followed by five years of supervised release for multiple crimes after he led law enforcement on a high-speed chase that ended in a shootout when he shot at officers, who returned fire, wounding him on the Northern Cheyenne Indian Reservation, U.S. Attorney Leif M. Johnson said.
Antoine Robert Threefingers, 37, was convicted by a jury on Sept. 17, 2021, of assault on a federal officer, assault with a dangerous weapon, possession of a firearm in furtherance of a crime of violence and prohibited person in possession of a firearm.
U.S. District Judge Susan P. Watters presided.
In court documents and at trial, the government presented evidence that on Sept. 1, 2020, a Bureau of Indian Affairs police officer, identified as John Doe 1, attempted a routine traffic stop of Threefingers. Threefingers stopped initially but then fled as Doe 1 approached, engaging officers in a 25-minute, high-speed chase with speeds exceeding 100 miles per hour on dirt roads and Highway 212. Three additional BIA officers and a Rosebud County Sheriff’s deputy joined the pursuit.
While driving, Threefingers pulled out a gun and put it to his head before turning it on law enforcement. Threefingers fired a shot at Doe 1 and continued driving. Threefingers eventually led law enforcement to a dirt road near Birney, where he stopped his vehicle and exchanged gunfire with Doe 1. Another BIA officer later exchanged gun fire with Threefingers. Other officers nearby described Threefingers’ shots sailing over their heads but did not return fire.
Threefingers then ran from his car while continuing to shoot at law enforcement. Officers shot Threefingers, who fell to the ground and continued firing. Officers approached and detained Threefingers, who was transported to the hospital and treated for injuries. Law enforcement recovered a Colt .45-caliber pistol and multiple casings near Threefingers.
The U.S. Attorney’s Office prosecuted the case, which was investigated by the FBI and Bureau of Indian Affairs.
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Butte meth trafficker sentenced to seven years in prisonRead the Press Release
MISSOULA — A Butte man who admitted to trafficking methamphetamine in the community was sentenced today to seven years in prison to be followed by five years of supervised release, U.S. Attorney Leif M. Johnson said.
Anthony Wayne Lamere, 33, pleaded guilty in October 2021 to possession with intent to distribute meth.
U.S. District Judge Dana L. Christensen presided.
The government alleged in court documents that law enforcement became aware that Lamere was involved in drug trafficking from numerous witnesses who identified him as dealing drugs. When arrested in April 2021, Lamere admitted to agents that he was dealing drugs and had been selling a quarter pound of meth a week for several months.
Assistant U.S. Attorney Ryan G. Weldon prosecuted the case, which was investigated by the Drug Enforcement Administration, U.S. Postal Service, Homeland Security Investigations, Montana Division of Criminal Investigation and Butte Silver Bow law enforcement.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Brockton man sentenced to more than seven years in prison for assault on Fort Peck Indian ReservationRead the Press Release
GREAT FALLS — A Brockton man who admitted beating and seriously injuring another person at his home on the Fort Peck Indian Reservation was sentenced today to seven years and four months in prison to be followed by three years of supervised release, U.S. Attorney Leif M. Johnson said.
James Michael Garcia, 29, pleaded guilty in October 2021 to assault resulting in serious bodily injury.
Chief U.S. District Judge Brian M. Morris presided.
The government alleged in court documents that on Aug. 26, 2018, Garcia beat the victim, identified as Jane Doe, after an argument over the phone with a relative of the victim. The victim suffered serious bodily injuries.
Assistant U.S. Attorney Jared C. Cobell prosecuted the case, which was investigated by the FBI and Fort Peck Tribal Law Enforcement.
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Kalispell man sentenced to more than two years in prison for possessing sawed-off, unregistered firearmRead the Press Release
MISSOULA — A Kalispell man was sentenced today to two years and four months in prison to be followed by three years of supervised release on a firearm conviction after admitting he possessed a loaded, sawed-off rifle that had an obliterated serial number, U.S. Attorney Leif M. Johnson said.
Zachary Jon Lindsay, 39, pleaded guilty in October 2021 to possession of an unregistered firearm.
U.S. District Judge Dana L. Christensen presided.
In court documents, the government alleged that in February 2021, Kalispell Police responded to a report of a shoplifter leaving Sportsman & Ski Haus. The officer located the suspect vehicle driven by Lindsay, the sole occupant. A pursuit ensued and ended when Lindsay came to a dead end and fled on foot. The officer caught and arrested Lindsay. During a search of Lindsay, the officer found .22-caliber ammunition and a loaded .22-caliber magazine. When asked if he had any guns on him, Lindsay responded that there was one in the vehicle. A search warrant was served on the vehicle and officers located a loaded, Ruger .22-caliber rifle with a scope, custom pistol grip stock, sawed-off barrel and obliterated serial number. The firearm was under a stolen fly rod. Officers also found several spend .22-caliber casings throughout the car.
Assistant U.S. Attorney Karla E. Painter prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Kalispell Police Department.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Bozeman meth trafficker sentenced to eight years in prisonRead the Press Release
MISSOULA — A Bozeman man who admitted to trafficking methamphetamine was sentenced today to eight years in prison to be followed by five years of supervised release and was ordered to forfeit $17,644, U.S. Attorney Leif M. Johnson said.
Jared Robert Williams, 42, pleaded guilty in September 2021 to possession with intent to distribute meth.
U.S. District Judge Dana L. Christensen presided.
In court documents filed by the government, the Missouri River Drug Task Force began investigating Williams and others for suspected distribution of large quantities of meth. On Nov. 6, 2020, a Montana Highway Patrol trooper stopped Williams, searched his vehicle and found meth, drug paraphernalia, $17,644 in U.S. currency and two cellular phones. About $10,000 of the cash was stacked in a brick fashion and tightly wrapped in plastic wrap. In a search of the cell phones, investigators found photographs and messages consistent with drug trafficking. One witness told investigators that in a two-month period, he received about 3.75 pounds, which is approximately 13,600 doses, of meth from Williams for resale. In an interview of Williams, he admitted he sold meth. He denied the money he possessed was from drug dealing and told detectives he didn’t believe in banks. However, after Williams was booked into jail, he called his girlfriend and told her how much money was in the bank account.
Assistant U.S. Attorney Jennifer S. Clark prosecuted the case, which was investigated by the Missouri River Drug Task Force and the Montana Highway Patrol.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Hamilton meth trafficker sentenced to more than eight years in prisonRead the Press Release
MISSOULA — A Hamilton man who admitted to trafficking methamphetamine in Missoula and Ravalli counties was sentenced today to eight years and four months in prison to be followed by five years of supervised release, U.S. Attorney Leif M. Johnson said.
George Thomas Walker, 44, pleaded guilty in October 2021 to possession with intent to distribute meth.
U.S. District Judge Donald W. Molloy presided.
The government alleged in court documents that Walker trafficked methamphetamine in Missoula and Ravalli counties from about October 2019 until February 2021. Confidential informants told law enforcement that Walker was a prolific trafficker and that he mostly obtained his meth from Washington and brought it back to Missoula for distribution. In October 2020, law enforcement located Walker in his vehicle. In a search of the vehicle, officer found two firearms, ammunition, meth and drug paraphernalia. During a traffic stop of Walker in February 2021, law enforcement later searched his vehicle and recovered meth, heroin and other drug paraphernalia. And in March 2021 in Ravalli County, law enforcement searched the residence of an associate of Walker’s and recovered meth in property that Walker had left for safe keeping.
Assistant U.S. Attorney Tara J. Elliott prosecuted the case, which was investigated by the FBI’s Montana Regional Violent Crime Task Force, Missoula County Sheriff’s Office, Missoula Police Department, Great Falls Police Department, Ravalli County Sheriff’s Office, Montana Department of Correction’s Probation and Parole Division.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Lame Deer man sentenced to 33 months in prison for stabbing woman on Northern Cheyenne Indian ReservationRead the Press Release
BILLINGS — A Lame Deer man who admitted to assaulting a woman by stabbing her through a car window was sentenced today to 33 months in prison to be followed by three years of supervised release, U.S. Attorney Leif M. Johnson said.
Brett William James Jones, 29, pleaded guilty in August 2021 to assault resulting in bodily injury.
U.S. District Judge Susan P. Watters presided.
The government alleged in court documents that on May 18, 2019 in Lame Deer, located on the Northern Cheyenne Indian Reservation, Jones went to a residence, was intoxicated and started a confrontation over twenty dollars. Jones began threatening people with a knife. The victim, identified as Jane Doe, got into a van to drive to the police station and report the disturbance. She stopped when she saw Jones in front of the van. Witnesses indicated that Jones broke the driver’s side window before stabbing Doe in the arm. Doe was taken to the hospital for treatment of injuries.
The U.S. Attorney’s Office prosecuted the case, which was investigated by the FBI.
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Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Feb. 1 was:
Joseph John Lequin, 65, of Shelby, on charges of conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute meth. If convicted of the most serious crime, Lequin faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. Lequin was detained pending further proceedings. The FBI investigated the case. PACER case reference. 22-05.
Brian Lee Big Bow, 44, of Box Elder, on charges of strangulation and assault with a dangerous weapon. If convicted of the most serious crime, Big Bow faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Big Bow was released pending further proceedings. The FBI and Rocky Boy’s Police Department investigated the case. PACER case reference. 21-79.
Appearing on criminal complaints were:
Jesus Zamora Cuevas, 23, of Mexico, on charges of prohibited person in possession of firearm and illegal re-entry of deported alien. If convicted of the most serious crime, Cuevas faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Cuevas was detained pending further proceedings. Homeland Security Investigations investigated the case. PACER case reference. 22-04.
Rolando Lopez Lara, 22, of Mexico, on charges of prohibited person in possession of ammunition. If convicted of the most serious crime, Lara faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Lara was detained pending further proceedings. Homeland Security Investigations investigated the case. PACER case reference. 22-05.
Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on Feb. 2 was:
Jeffrey Brandon Zabolotney, 34, of Lolo, on charges of transportation of child pornography and receipt of child pornography. If convicted of the most serious crime, Zabolotney faces a mandatory minimum five years to 20 years in prison, a $250,000 fine and five years to life of supervised release. Zabolotney was released pending further proceedings. Homeland Security Investigations and the Ravalli County Sheriff’s Office investigated the case. PACER case reference. 21-57.
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Feb. 3 was:
William Edward Coffin, 34, of Big Sky, on charges of prohibited person in possession of firearm. If convicted of the most serious crime, Coffin faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Coffin was released pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Montana Probation and Parole Division investigated the case. PACER case reference. 22-03.
Chase David Carmody, 41, of Billings, on prohibited person in possession of firearm. If convicted of the most serious crime, Carmody faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Carmody was released pending further proceedings. The FBI investigated the case. PACER case reference. 22-01.
Appearing on Feb. 4 was:
Curtis Jeffrey Montclair, 37, of Poplar, on charges of prohibited person in possession of a firearm and ammunition. If convicted of the most serious crime, Montclair faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Montclair was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives, Fort Peck Police Department and Montana Probation and Parole Division investigated the case. PACER case reference. 21-70.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Texas man admits groping minor girl on airplane flight to BozemanRead the Press Release
MISSOULA — A Texas man accused of groping a minor girl while on a flight to Bozeman admitted to a sexual assault crime today, U.S. Attorney Leif M. Johnson said.
Vincent Harry Kopacek, 76, of Fredericksburg, Texas, pleaded guilty to an information charging him with abusive sexual contact. Kopacek faces a maximum of two years in prison, a $250,000 fine and one year of supervised release.
U.S. Magistrate Judge Kathleen L. DeSoto presided. Sentencing was set for June 1 before U.S. District Judge Dana L. Christensen. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Kopacek was released pending further proceedings.
In court documents, the government alleged that on July 8, 2021, Kopacek was on an evening flight from Austin, Texas, to Bozeman and was seated by a window on the airplane. The victim, identified as Jane Doe, who was 15 at the time, was seated in the row in front of Kopacek and her seat was fully upright during the flight. While in flight, Kopacek reached his hand along the interior wall of the aircraft and around to the seat in front of him. Kopacek touched Doe’s arm and moved his hand between her arm and torso. He then touched and rubbed the victim. Doe recorded the touching with her cellular phone, and, while on the aircraft, looked at Kopacek and took photos of him. Doe later described being scared and that the unwanted touching made her feel disrespected and gross. Investigators downloaded the videos and images from Doe’s phone and confirmed Kopacek’s identity.
Assistant U.S. Attorney Cyndee L. Peterson is prosecuting the case, which was investigated by the FBI, Gallatin County Sheriff’s Office and the Bozeman Yellowstone International Airport Public Safety Office.
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Kalispell man who sexually exploited child sentenced to 18 years in prisonRead the Press Release
MISSOULA — A Kalispell man who admitted to taking sexually explicit photographs of a child while boating in Flathead County was sentenced today to 18 years in prison to be followed by 15 years of supervised release, U.S. Attorney Leif M. Johnson said.
Edward Timothy Cockerham, 43, pleaded guilty in October 2021 to sexual exploitation of a child.
U.S. District Judge Dana L. Christensen presided.
“Cockerham victimized a child for his own sexual gratification. Today’s sentence holds him accountable for his reprehensible conduct and puts other offenders on notice that they face serious consequences for harming children. Crimes involving the sexual exploitation of children will be fully investigated and prosecuted. I want to thank Assistant U.S. Attorney Cyndee L. Peterson, the Flathead County Sheriff’s Office, Homeland Security Investigations, Montana Division of Criminal Investigation, and the Montana Internet Crimes Against Children Task Force for their work on this case,” U.S. Attorney Johnson said.
In court documents filed in the case, the government alleged that in June 2021, Cockerham went to Ashley Lake in Flathead County with two children. Cockerham took the victim, who was under the age of 18 and was identified as Jane Doe 1, boating. While out on the water, Cockerham touched and took sexually explicit pictures of Jane Doe 1. Jane Doe 1 reported Cockerham’s actions. The Flathead County Sheriff’s Office seized Cockerham’s cell phone and searched it pursuant to a warrant. An initial review determined Cockerham had deleted all of the images. A subsequent search of the cell phone by a forensic examiner with the Montana Department of Justice’s Division of Criminal Investigation located sexually explicit images of Jane Doe 1, along with sexually explicit images of two other child victims.
Assistant U.S. Attorney Cyndee L. Peterson prosecuted the case, which was investigated by the Flathead County Sheriff’s Office, Homeland Security Investigations, Montana Division of Criminal Investigation, and the Montana Internet Crimes Against Children Task Force.
This case was initiated under the Department of Justice’s Project Safe Childhood initiative, which was launched in 2006 to combat the proliferation of technology-facilitated crimes involving the sexual exploitation of children. Through a network of federal, state and local law enforcement agencies and advocacy organizations, Project Safe Childhood attempts to protect children by investigating and prosecuting offenders involved in child sexual exploitation. It is implemented through partnerships including the Montana Internet Crimes Against Children Task Force. The ICAC Task Force Program was created to assist state and local law enforcement agencies by enhancing their investigative response to technology facilitated crimes against children.
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Havre man sentenced to 10 years in prison for trafficking methamphetamine, fentanyl and illegal possession of firearmRead the Press Release
GREAT FALLS — A Havre man who admitted to drug trafficking and firearms crimes after law enforcement found methamphetamine, fentanyl, a gun and a large amount of cash in his motel room was sentenced today to 10 years in prison to be followed by five years of supervised release, said U.S. Attorney Leif M. Johnson.
Brandon Wayne Glover, 39, pleaded guilty in October 2021 to possession with intent to distribute controlled substances and to felon in possession of a firearm.
Chief U.S. District Judge Brian M. Morris presided.
The government alleged in court documents that in 2014, Glover was convicted in federal court of possession with intent to distribute meth. In November 2020, law enforcement received information that Glover was distributing meth in Havre, and an informant bought about a half-ounce of meth from Glover at a Havre casino. In December 2020, officers arrested Glover on a warrant based on supervised release violations in his prior federal meth trafficking case. Agents secured a motel room in Havre where Glover had been staying and applied for a search warrant. In the meantime, agents received recorded jail calls in which Glover asked his mother for help retrieving items from the room where he had been staying and specifically asked her to look under the bed. Glover’s mother went to the motel room and was turned away. Agents executed a search warrant for the motel room and found 420 grams, or almost a pound, of meth, a firearm, drug paraphernalia, and fentanyl pills. Agents also found about $12,100 in cash under the bed.
Assistant U.S. Attorney Ethan R. Plaut prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the Havre Police Department and the Tri-Agency Task Force.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Attorney General Merrick B. Garland Announces Justice Department Strategy to Combat Human TraffickingRead the Press Release
BILLINGS -- U.S. Attorney General Merrick B. Garland this week released the Justice Department’s new National Strategy to Combat Human Trafficking pursuant to the Justice for Victims of Trafficking Act.
Rooted in the foundational pillars and priorities of the interagency National Action Plan to Combat Human Trafficking, which President Biden released on Dec. 3, 2021, the Justice Department's National Strategy is expansive in scope. It aims to enhance the department's capacity to prevent human trafficking; to prosecute human trafficking cases; and to support and protect human trafficking victims and survivors.
“Human trafficking is an insidious crime,” said Attorney General Garland. “Traffickers exploit and endanger some of the most vulnerable members of our society and cause their victims unimaginable harm. The Justice Department’s new National Strategy to Combat Human Trafficking will bring the full force of the Department to this fight.”
“Montana, through the multi-agency Montana Human Trafficking Task Force, is bringing human traffickers to justice while assisting and supporting victims. Trafficking of individuals, whether for sex or labor, enslaves and exploits both adults and minors and is a scourge on society. I encourage anyone who suspects human trafficking may be occurring to report it immediately to law enforcement,” U.S. Attorney Leif M. Johnson said.
In recent months, federal prosecutions in Montana have led to convictions of seven individuals charged in two large sex trafficking investigations. The U.S. Attorney’s Office, in collaboration with its law enforcement partners, continues to investigate and prosecute human traffickers.
Among other things, the Justice Department’s multi-year strategy to combat all forms of human trafficking will:
- Strengthen engagement, coordination and joint efforts to combat human trafficking by prosecutors in all 94 U.S. Attorneys’ Offices and by federal law enforcement agents nationwide.
- Establish federally-funded, locally-led anti-human trafficking task forces that support sustained state law enforcement leadership and comprehensive victim assistance.
- Step up departmental efforts to end forced labor by increasing attention, resources and coordination in labor trafficking investigations and prosecutions.
- Enhance initiatives to reduce vulnerability of American Indians and Alaska Natives to violent crime, including human trafficking, and to locate missing children.
- Develop and implement new victim screening protocols to identify potential human trafficking victims during law enforcement operations and encourage victims to share important information.
- Increase capacity to provide victim-centered assistance to trafficking survivors, including by supporting efforts to deliver financial restoration to victims.
- Expand dissemination of federal human trafficking training, guidance and expertise.
- Advance innovative demand-reduction strategies.
The department’s strategy will be implemented under the direction of the National Human Trafficking Coordinator designated by the Attorney General in accordance with the Abolish Human Trafficking Act of 2017.
If you believe that you or someone you know may be a victim of human trafficking, please contact the National Human Trafficking Resource Center Hotline at 1-888-373-7888, or Text 233733.
To read the National Strategy to Combat Human Trafficking click here.
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Great Falls woman admits meth, fentanyl distribution that led to deathRead the Press Release
GREAT FALLS — A Great Falls woman admitted on Jan. 31 to distributing methamphetamine and fentanyl that led to the death of another individual, U.S. Attorney Leif M. Johnson said today.
Brandie Rae Fulbright, 40, pleaded guilty to distribution of controlled substances resulting in death. Fulbright faces a mandatory maximum of 20 years to life in prison, a $1 million fine and at least three years of supervised release.
Chief U.S. District Judge Brian M. Morris presided. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing was set for May 5. Fulbright was detained pending further proceedings.
In court documents, the government alleged that on Aug. 23, 2020, Great Falls police officers were dispatched to a camper trailer where they found a man, identified as John Doe, deceased on a bed. Co-defendant Kent Fox was on the scene and told officers he was friends with Doe, had last seen Doe two days earlier and had driven Doe to his camper after seeing him use meth. Fulbright had sent Fox to check on Doe when she hadn’t heard from him, and Fox found Doe deceased. An investigation found evidence of communications among Fox, Fulbright and Doe about the use and distribution of various drugs. In an interview with law enforcement officers, Fox admitted to picking up Doe on Aug. 21, 2020 and taking him to his home so that Doe could buy meth from Fulbright. Doe traded an AR-15 rifle to Fulbright in exchange for some meth and two blue pills. Fulbright then gave the rifle to Fox, and Fox returned Doe to his camper. Investigators learned that Doe had the meth and two blue pills when he returned home and gave some of the meth to an individual. The individual saw Doe inject himself with meth obtained from Fox and Fulbright and then slump over on his bed. An autopsy determined that Doe died from an overdose of a combination of meth and fentanyl. Fox previously pleaded guilty to charges and is pending sentencing.
Assistant U.S. Attorney Jeffrey K. Starnes is prosecuting the case, which was investigated by the FBI and Great Falls Police Department.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Signal Peak Energy fined $1 million, sentenced to three years of probation for violating environmental, worker safety regulations at Roundup coal mineRead the Press Release
BILLINGS — Signal Peak Energy LLC, which admitted to willful violation of health and safety standards at its underground coal mine near Roundup by failing to report injuries to workers and improperly disposing mine waste, was sentenced today to pay a $1 million criminal fine and to three years of probation, U.S. Attorney Leif M. Johnson said.
Signal Peak Energy pleaded guilty in October to four counts of willful violation of health and safety standard, a misdemeanor.
U.S. Magistrate Judge Timothy J. Cavan presided. Judge Cavan followed the terms of a plea agreement by imposing the statutory maximum $250,000 fine for each count of conviction and ordering probation. Judge Cavan also ordered $400 restitution to be paid to one of the injured workers.
“This case holds Signal Peak Mine accountable for its utter disregard for environmental and worker health and safety standards. Mine owners provided little in the way of meaningful oversight of mine operations as long as the mine’s managers could meet reported safety and production goals. That lax oversight fostered a climate of fraud, which today cost the mine $1 million in fines. In addition, mine managers lied about the mine’s expenses, its safety record, and other matters, which separately resulted in individual criminal convictions and charges for nine persons, including former mine vice presidents and their associates, on crimes ranging from embezzlement, tax evasion and bank fraud to money laundering, drugs and firearms violations. I want to thank Assistant U.S. Attorneys Colin M. Rubich, Zeno B. Baucus and Timothy Tatarka along with the IRS, FBI, Department of Labor and Environmental Protection Agency for investigating and prosecuting this case and bringing wrongdoers to justice,” U.S. Attorney Johnson said.
"The IRS, along with our law enforcement partners, will vigorously pursue corporate officers who victimize their investors and violate the public trust," said Andy Tsui, Special Agent in Charge of the Denver Field Office, IRS Criminal Investigation. "High-ranking corporate officials hold positions of trust not only in their companies but also in the eyes of the public. That trust is broken when such officials abuse their power and commit crimes.”
“Signal Peak, under the direction of its former corrupt top executives, perpetuated an unsafe work environment for several years,” said Special Agent in Charge Dennis Rice of the Salt Lake City FBI. “Federal law entitles everyone to a safe workplace, and we encourage the public to report hazardous working conditions or any wrongdoing so a proper investigation can take place.”
“The provisions of the Mine Safety and Health Act are essential to keeping miners safe on the job, and operators have a responsibility under the law to ensure those protections are in place at all times,” said Department of Labor Regional Solicitor John Rainwater. “We are pleased that our Department of Justice and Environmental Protection Agency partners take mine safety and health seriously and will not hesitate to use all available tools to make mines safer through prosecutions like these.”
“Signal Peak Energy violated mandatory health and safety standards by pumping mine water waste down bore holes without the required permits,” said Special Agent in Charge Lance Ehrig of EPA’s Criminal Investigation Division in Montana. “Today’s sentencing demonstrates that EPA and its partners will hold corporations accountable when they ignore environmental regulations and put worker’s health at risk.”
In the Signal Peak Energy case, the government alleged in court documents that from 2013 through 2018, Signal Peak Energy habitually violated mandatory health and safety standards in the Mine Safety and Health Act during the mine’s operation. These violations included both environmental safety and worker safety standards. The violations occurred with the full knowledge, direction and participation of the mine’s most senior management during that period, including the president and CEO, the vice president of surface operations, the vice president of underground operations and the safety manager.
The government further alleged that senior managers directed mine employees to improperly dispose of mine waste by pumping the waste, known as slurry, into abandoned sections the mine and failed to report as required injuries to employees while pressuring injured workers not to report injuries as work related. One worker suffered a crushed finger that later required amputation and a second worker suffered a severe head laceration.
Assistant U.S. Attorneys Colin M. Rubich, Zeno B. Baucus and Timothy Tatarka prosecuted the case, which was investigated by the IRS Criminal Investigation, FBI, Department of Labor and Environmental Protection Agency.
PACER case reference. 21-79.
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Transporting stolen firearms sends Kalispell man to prison for two yearsRead the Press Release
MISSOULA — A Kalispell man who admitted to transporting stolen firearms and ammunition from a storage unit after an abandoned rental truck was found in Idaho was sentenced today to two years in prison, to be followed by three years of supervised release, and ordered to pay $101,900 restitution, U.S. Attorney Leif M. Johnson said.
Jeremy Anthony O’Canna, 33, pleaded guilty in September 2021 to transportation of stolen firearms and ammunition.
U.S. District Judge Donald W. Molloy presided.
The government alleged in court documents that in December 2019, Idaho Falls, Idaho police officers responded to a report of an abandoned U-Haul vehicle that appeared to have been stolen. An investigation led to a Kalispell man, who then discovered his storage unit in Kalispell had been burglarized and that he was missing firearms, ammunition and other items. The investigation further led to O’Canna and evidence of him entering the victim’s storage unit and removing guns and ammunition. O’Canna sent Facebook messages to people asking if they needed guns and sent photographs of guns and ammunition he had to sell. He claimed he was on his way to Idaho Falls to sell guns to Mexicans. The firearms and ammunition have not been recovered. Co-defendant Joseph Vernon Holmstrom of Kalispell pleaded guilty to charges and is awaiting sentencing.
Assistant U.S. Attorney Jennifer S. Clark prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Flathead County Sheriff’s Office, Idaho Falls Police Department and Idaho Falls Animal Control.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Jan. 25 was:
Preston Jay Spotted Eagle, 30, of Browning, on charges of theft of government property, injury or depredation to government property and Golden and Bald Eagle Protection Act violation. If convicted of the most serious crime, Spotted Eagle faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Spotted Eagle was released pending further proceedings. The U.S. Fish & Wildlife Service investigated the case. PACER case reference. 21-87.
Deion Vincent Brown, also known as Peat and D, 27, of Detroit, Michigan, on charges of conspiracy to possess with intent to distribute controlled substances and possession with intent to distribute controlled substances. Brown faces a maximum of 20 years in prison, a $1 million fine and three years of supervised release. Brown was released pending further proceedings. The FBI, Tri-Agency Task Force, Russell Country High Intensity Drug Trafficking Area Task Force and Bureau of Indian Affairs investigated the case. PACER case reference. 21-72.
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Jan. 27 was:
Thomas Clay Sebastian, 24, of Billings, on charges of attempted coercion and enticement. If convicted of the most serious crime, Sebastian faces a mandatory minimum 10 years to life in prison, a $250,000 fine and five years to life of supervised release. Sebastian was detained pending further proceedings. The FBI investigated the case. PACER case reference. 22-09.
Jason Robert Kroepelin, 32, of Billings, on charges of attempted coercion and enticement and possession of child pornography. If convicted of the most serious crime, Kroepelin faces a mandatory minimum 10 years to life in prison, a $250,000 fine and five years to life of supervised release. Kroepelin was detained pending further proceedings. The FBI, Homeland Security Investigations, Billings Police Department, Yellowstone County Sheriff’s Office and Eastern Montana High Intensity Drug Trafficking Area Task Force investigated the case. PACER case reference. 22-05.
Alex Jason Todd, 22, of Billings, on charges of prohibited person in possession of a firearm. If convicted of the most serious crime, Todd faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Todd was released pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 22-10.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Butte man who trafficked pounds of meth sentenced to eight years in prisonRead the Press Release
MISSOULA — A Butte man who admitted to trafficking large quantities of methamphetamine, including receiving 20 pounds of the drug for distribution in Montana, was sentenced today to eight years in prison to be followed by five years of supervised release, U.S. Attorney Leif M. Johnson said.
Travis Bridger Soderberg, 47, pleaded guilty in August 2021 to possession with intent to distribute meth.
U.S. District Judge Dana L. Christensen presided.
In court documents, the government alleged that from October 2019 until about November 2020, Soderberg distributed meth in Butte and elsewhere in Montana. Various witnesses told agents that they purchased pounds of meth from Soderberg. On one occasion, Soderberg received 20 pounds of meth for distribution in Montana. Twenty pounds of meth is the equivalent of about 72,480 doses. Investigators also determined that Soderberg wired money to sources of supply in California to pay for the meth.
Assistant U.S. Attorney Ryan G. Weldon prosecuted the case, which was investigated by the Drug Enforcement Administration, U.S. Postal Service, Homeland Security Investigations and the Montana Division of Criminal Investigation.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Former U.S. Postal Service employee admits stealing gift cards from mailRead the Press Release
MISSOULA — A Missoula man today admitted to a charge accusing him of stealing and cashing gift cards from a birthday card while he worked for the U.S. Postal Service, U.S. Attorney Leif M. Johnson said.
Lassana Diaby, 40, pleaded guilty to an indictment charging him with theft of mail by officer or employee. Diaby faces a maximum of five years in prison, a $250,000 fine and three years of supervised release.
U.S. Magistrate Judge John T. Johnston presided. Sentencing was set for June 1 before U.S. District Judge Dana L. Christensen. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Diaby was released pending further proceedings.
In court documents, the government alleged that on March 26, 2021, a U.S. Postal Service customer reported items were stolen from a birthday card that was sent to his locking mailbox in Missoula. The sender confirmed that she mailed the card on March 20, 2021 from Whitefish and that it contained a $200 gift card to Costco, two $100 gift cards to Amazon and $40 cash. An investigation determined that Diaby presented his Costco membership card and the gift card to complete a purchase at the Costco in Missoula and presented his receipt to a Costco employee at the exit. At the time, Diaby worked for the U.S. Postal Service as a mail processing clerk and completed night shifts on March 20 to 23, including working several hours in the manual letter sorting section.
Assistant U.S. Attorney Karla E. Painter is prosecuting the case, which was investigated by the U.S. Postal Service Office of Inspector General.
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