District of Montana
Press releases recorded for this federal judicial district.
Billings man admits cocaine trafficking, promoting prostitution crimesRead the Press Release
BILLINGS – A Billings man accused of trafficking cocaine and promoting prostitution in the community by setting up a commercial sex date for an individual admitted charges today, Acting U.S. Attorney Leif M. Johnson said.
Anthony Marcos Chadwell, 27, pleaded guilty 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 faces a maximum 20 years in prison, a $1 million fine and three years of supervised release.
U.S. District Judge Susan P. Watters presided. Judge Watters set sentencing for Dec. 16. Chadwell was detained.
The government alleged in court documents that in 2019, Chadwell became involved in a cocaine trafficking conspiracy and distributed cocaine in Billings and elsewhere. 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.
Assistant U.S. Attorneys Zeno B. Baucus and Bryan T. Dake are prosecuting the case, which was investigated by the FBI.
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Crow Agency man sentenced to prison for stabbing manRead the Press Release
BILLINGS — A Crow Agency man who admitted to stabbing another man last year on the Crow Indian Reservation was sentenced today to 27 months in prison to be followed by three years of supervised release, Acting U.S. Attorney Leif M. Johnson said.
Dee Bad Bear, 60, pleaded guilty on March 12 to an indictment charging him with assault with a dangerous weapon.
U.S. District Judge Susan P. Watters presided.
In court documents filed in the case, the government alleged the assault occurred on April 17, 2020 at a Lodge Grass residence, located on the Crow Indian Reservation. Bad Bear and the victim, identified as John Doe, were drinking alcohol and talking. Doe went to the bathroom and when he came out, Bad Bear slashed him with a knife. Doe was treated for injuries at a hospital in Billings. A knife matching a description by the victim was recovered from Bad Bear’s car.
Assistant U.S. Attorney Jeanne Torske prosecuted the case, which was investigated by the FBI and Bureau of Indian Affairs.
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California man sentenced to more than six years in prison for meth trafficking in Billings areaRead the Press Release
BILLINGS — A California man who admitted to trafficking methamphetamine after law enforcement officers found eight kilograms, or 17.6 pounds, of the drug hidden in a vehicle he was driving was sentenced today to six years and six months in prison to be followed by five years of supervised release, Acting U.S. Attorney Leif M. Johnson said.
Christopher Santillanes Ceja, 31, of Riverside, California, pleaded guilty on March 8 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 law enforcement agents learned in March 2019 about a shipment of meth being transported from Mexico to Billings. Law enforcement surveillance saw a vehicle with a California license plate registered to Ceja pull into a Billings hotel. Ceja was known to law enforcement as having been involved in meth trafficking in the Billings area. Later that same evening, officers conducted a traffic stop of the vehicle and Ceja was driving. Agents impounded and searched the vehicle pursuant to a warrant. Agents located 19 bundles of meth concealed throughout the vehicle. The meth totaled eight kilograms, or about 17.6 pounds, of pure meth. Eight kilograms of meth is the equivalent of about 63,782 doses.
Assistant U.S. Attorney Lori H. Suek 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. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 48% from 2013 to 2019. 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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Two Montana men charged with $1 million COVID-19 relief fraud schemeRead the Press Release
BILLINGS – Two Montana men were arraigned recently on charges in connection with a scheme to defraud a bank of approximately $1 million in Paycheck Protection Program (PPP) loans and to use those funds for their personal benefit, including buying property and vehicles, Acting U.S. Attorney Leif M. Johnson said today.
Trevor Gene Lanius-McLeod, also known as Trevor Gene McLeod, 48, of Laurel, and Kasey Jones Wilson, 29, of Helena, each pleaded not guilty to an indictment charging them with bank fraud and with engaging in monetary transactions in property derived from specified unlawful activity. If convicted of the most serious crime, the defendants face a maximum 30 years in prison, a $250,000 fine and three years of supervised release.
Lanius-McLeod was arraigned on July 27 before U.S. Magistrate Judge John T. Johnston in Great Falls. Wilson was arraigned on July 27 before U.S. Magistrate Judge Timothy J. Cavan in Billings. Both defendants were released pending further proceedings.
The government alleged in court documents, that from about April 2020 to December 2020, the defendants applied for and received four PPP loans totaling $1,043,000 through Valley Bank of Helena, a Division of Glacier Bank, on behalf of four business entities. Lanius-McLeod applied for funds as the authorized representative of T. McLeod Holdings LLC, Hilltop Estates LLC, and Renovated Montana Properties LLP. Lanius-McLeod and Wilson applied for funds as the authorized representatives of Step Above Management LLC. In the applications, the defendants made numerous false statements about having paid payroll taxes and having employees. In promissory notes, the defendants agreed to use the loan funds for payroll costs, costs related to group health care benefits and insurance premiums, rent, utilities, interest on payments on debt and refinancing a Small Business Administration Economic Injury Disaster Loan. Instead, the defendants spent the funds on personal expenses for their private benefit. If convicted, the defendants face the forfeiture of property related to the crimes, including property in East Helena, four vehicles and a travel trailer.
The PPP program, which is part of the federal Coronavirus Aid, Relief and Economic Security (CARES) Act, provided emergency assistance to small businesses for job retention and certain other expenses.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Assistant U.S. Attorney Colin M. Rubich is prosecuting the case, which was investigated by the IRS-Criminal Investigation and FBI, with assistance from the U.S. Treasury Inspector General for Tax Administration and U.S. Secret Service.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
PACER case reference. 21-07.
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St. Ignatius man sentenced to 15 years in prison for child pornography crimeRead the Press Release
MISSOULA –Justin Douglas Lampke, 47, of St. Ignatius, was sentenced today to 15 years in federal prison, followed by 15 years of supervised release, for transporting child pornography and for failure to register as a sex offender, Acting U.S. Attorney Leif M. Johnson said.
U.S. District Judge Donald W. Molloy presided. Judge Molloy also ordered $3,000 restitution on the child pornography crime and forfeiture of electronic devices seized in the case. Lampke pleaded guilty in October 2020 to failure to register as a sex offender and in March 2021 to transporting child pornography.
Court documents filed by the government state Lampke has several prior sexual abuse convictions beginning in 1992 in the state of Oregon where his victims were as young as five and six years old. While placed on supervised release for those convictions, the defendant violated his parole on multiple occasions. In January 2020, Lampke was caught hiding in Montana under an alias. He was discovered when an Internet Crimes Against Children Task Force detective received multiple National Center for Missing and Exploited Children Cybertips regarding an individual transferring child pornography files via Facebook. Lampke’s real identity was discovered, and he was arrested for the underlying crimes. Child pornography was located on multiple devices seized from his residence, and agents determined Lampke transported or moved child pornography to a USB storage device from another digital device in May 2019.
Lampke absconded from Oregon supervision in March 2017, had been in Montana since approximately March 2017, and had not registered as a sex offender.
Assistant United States Attorney Cyndee L. Peterson prosecuted the case, which was investigated by the Internet Crimes Against Children Task Force, Missoula County Sheriff’s Office and the FBI.
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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Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following person was arraigned today on an indictment before U.S. Magistrate Judge Kathleen L. DeSoto in Missoula. The indictment is merely an accusation, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law:
Michael Blake Defrance, 28, of Missoula, pleaded not guilty to an indictment charging him with prohibited person in possession of firearms and ammunition. The indictment alleges that on about June 27, 2018 and Oct. 2, 2018 in Missoula, Defrance, knowing he had been convicted on May 6, 2013 of a misdemeanor crime of violence under the laws of the State of Montana, possessed firearms and ammunition in violation of federal law. If convicted of the most serious crime, Defrance faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Defrance was released pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives, FBI’s Montana Regional Violent Crime Task Force and the Missoula Police Department investigated the case.
PACER case reference. 21-29.
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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Nurse Practitioners Sentenced to Prison for Health Care FraudRead the Press Release
GREAT FALLS – Two Montana nurse practitioners have been sentenced for conspiring to defraud Medicare of millions of dollars. Chief U.S. District Judge Brian Morris sentenced Janae Nichole Harper, 34, of Kalispell, to 12 months in prison and Mark Allen Hill, 54, of Edinburg, North Dakota to 9 months in prison. Both defendants will be placed on supervised release for 3 years after their release from prison. Additionally, Harper was ordered to pay $4,307,934.58 in restitution and Hill was ordered to pay $5,054,866 in restitution.
Harper was a licensed nurse practitioner in Montana, Missouri, Nevada, South Carolina and Wyoming and was enrolled as a medical provider with Medicare. Hill was a licensed nurse practitioner in Montana, Iowa, Maine, Minnesota, North Dakota, South Dakota and Washington.
In court documents filed in Harper’s case, the government alleged that from Nov. 18, 2017 through July 16, 2019, Harper worked with certain staffing and telemedicine companies to commit health care fraud and received money to sign brace orders that were prepared by telemarketers who had no medical training or certification. Harper routinely signed these orders for Medicare beneficiaries regardless of medical necessity. Harper signed approximately 7,673 brace orders, which resulted in $8,259,849 billed to Medicare, of which Medicare paid approximately $4,307,934. Harper was paid at least $94,395 for the orders she signed.
In court documents filed in Hill’s case, the government alleged that from Oct. 15, 2017 to April 24, 2019, Hill worked with certain staffing and telemedicine companies to commit health care fraud and received money to sign unnecessary brace orders for Medicare beneficiaries regardless of medical necessity, often without ever talking to the Medicare beneficiary to determine whether the braces were medically necessary. Hill signed approximately 7,097 brace orders, which resulted in $10,055,436 billed to Medicare, of which Medicare paid approximately $5,054,866. Hill was paid at least $124,900 for the orders he signed.
Both defendants previously pled guilty to conspiracy to commit health care fraud.
The cases were prosecuted by Assistant U.S. Attorney Michael A. Kakuk and Darren Halverson, Trial Attorney, and Robyn Pullio, former Trial Attorney, Fraud Section, Criminal Division of the Justice Department and investigated by the U.S. Department of Health and Human Services Office of Inspector General and the Federal Bureau of Investigation.
Browning Woman Sentenced to 8 Years in Prison for ManslaughterRead the Press Release
GREAT FALLS – Danielle Marie Marceau, also known as Danielle Marie Comesatnight, 35, of Browning, was sentenced on July 29, 2021 to 97 months in federal prison for fatally stabbing another individual during an argument. Marceau was also sentenced to three years of supervised release and ordered to pay $11, 735.90 in restitution by Chief U.S. District Judge Brian Morris.
In June 2020, Blackfeet Law Enforcement Services responded to Marceau’s residence in Browning, on the Blackfeet Indian Reservation, to conduct a welfare check on the victim. Officers found the victim’s body in the residence and determined the last time the victim had been seen alive was late on May 30, 2020 with Marceau. Both were intoxicated and had been arguing. Marceau admitted to killing the victim and that she had used a knife to stab the victim during an argument. In the days following the incident, Marceau told multiple family members they had been in a fight and that she stabbed the victim.
The defendant previously pleaded guilty to voluntary manslaughter.
Assistant U.S. Attorney Kalah A. Paisley prosecuted the case, which was investigated by the Federal Bureau of Investigation, Blackfeet Law Enforcement Services and Great Falls Police Department.
Polson Man Found Guilty of Drug PossessionRead the Press Release
Great Falls - A federal jury in Great Falls convicted Roy Allen Shostak, a 28 year-old resident of Polson, of Possession with Intent to Distribute Methamphetamine after a one-day trial. The defendant is being detained pending sentencing which U.S. District Chief Judge Brian Morris set for October 7, 2021.
Prosecutors presented evidence that in May 2020, Helena Police Department and members of the Missouri River Drug Task Force received information that Shostak was armed with a gun and selling drugs. Additionally, law enforcement officers were aware that the defendant had absconded from probation. Following observation of Shostak’s activities, officers arrested the defendant on outstanding warrants. Following the arrest, officers found a marijuana pipe although the defendant was not a holder of a medical marijuana car. The defendant’s care was seized pending a search warrant. While conducting a search warrant of the defendant’s car, officers found three plastic baggies of methamphetamine, a smartphone and a digital scale in a backpack that was located on the front passenger seat. Inside the glove box, officers located a hand-written bill of sale, a smartphone, a piece of paper containing Shostak’s social security number, date of birth, email address, and physical address and credit card number, and a used syringe in the center console.
Law enforcement obtained a warrant to search the phone and uncovered text messages between Shostak and third parties where Shostak discussed his trafficking of various drugs. The jury deliberated for 18 minutes before returning a verdict of guilty.
Assistant U.S. Attorney Jeff Starnes prosecuted the case which was investigated by the Helena Police Department and the Missouri River Drug Task Force.
Federal Jury Convicts Fairview Man of Firearms ChargesRead the Press Release
BILLINGS – A Fairview man, Lonnie Burdette Porter, 59, has been convicted of being a prohibited person in possession of a firearm after a two-day trial in Billings. Porter was released on conditions pending sentencing which Judge Susan Watters set for December 15, 2021 at 1:30 p.m. in Billings.
The government presented evidence that on September 24, 2020, Porter contacted the Fairview Police Department to report that guns had been stolen from his home while he was out of town. The defendant acknowledged he was prohibited from possessing firearms due to his probation.
Later that day, Montana Probation and Parole and Fairview Police Department searched Porter’s home. The defendant again acknowledged he was in possession of firearms. Law enforcement discovered a hole in the floor under the defendant’s dryer which contained a significant amount of firearms. Additional guns were located elsewhere in the house.
In total, thirty-eight firearms, ammunition, and antique firearms were taken from Porter’s home. The following January, eight more guns belonging to the defendant were recovered by the Fairview Police Department.
Porter is prohibited from possessing firearms because of a prior criminal felony conviction in Richland County, Montana.
Assistant U.S. Attorneys Colin Rubich and Thomas Godfrey prosecuted the case which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
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 July 20 was:
Mark Eugene Benton, 60, of Billings, on charges of prohibited person in possession of a firearm and ammunition. If convicted of the most serious crime, Benton faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Benton was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 21-32.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on July 21 was:
Brocktin Russo, 31, of Great Falls, on charges of possession with intent to distribute heroin. If convicted of the most serious crime, Russo faces a mandatory minimum 10 years to life in prison, a $10 million fine and five years of supervised release. Russo was detained pending further proceedings. The Russell Country Drug Task Force and Great Falls Police Department investigated the case. PACER case reference. 21-41.
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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Off-duty federal law enforcement officer admits threatening three Blackfeet tribal employees with assault rifleRead the Press Release
GREAT FALLS – An off-duty federal law enforcement officer accused of pointing an assault rifle at three Blackfeet tribal employees who were testing water on his property admitted simple assault charges today, Acting U.S. Attorney Leif M. Johnson said.
Harrison Garrett Alvarez, 30, of Cut Bank, who is a Customs and Border Protection officer, pleaded guilty to three counts of simple assault as charged in a superseding information. Alvarez faces a maximum six months in prison, a $5,000 fine and one year of supervised release on each count. In a plea agreement in the case, the parties concur that a five-year term of probation is appropriate.
Chief U.S. District Judge Brian M. Morris presided. Sentencing was set for Nov. 18. Alvarez was released pending further proceedings.
In court documents filed in the case, the government alleged that on July 24, 2019, three employees of the Blackfeet Tribe’s Environmental Office went to Alvarez’s property outside of Cut Bank, and within the Blackfeet Indian Reservation, to field test water in Cut Bank Creek. The victims, who are tribal members, traveled by truck past Alvarez’s house to the creek. The trip was the victims’ fourth time to that testing site that season, having sought, and they believed received, permission for the testing from Alvarez’s wife.
The government alleged that as the victims were collecting water samples, a rifle shot rang out. The victims saw Alvarez approaching, pointing an assault rifle at them and yelling. Alvarez demanded to know what they were doing and who had given them permission to be there. When the victims explained that his wife had given them permission to collect samples, Alvarez disputed that fact. Even after they told him they would go, Alvarez, while still leveling the rifle at the victims, ordered them closer to him and demanded they drop their equipment. When Alvarez finally allowed the victims to leave, he told them that now they knew he “shoots first, asks questions later.” All three victims believed Alvarez was going to shoot them.
The government further alleged that Alvarez disputed the victims had permission to be on the property but admitted to discharging the rifle before holding them at gunpoint and ordering them to leave his property. Alvarez’s wife remembered that the victims had sought permission but told law enforcement she had told them they needed to speak with Alvarez. Upon seeing the truck on the morning of the incident, Alvarez’s wife told him that it was probably “the water people.”
Assistant U.S. Attorney Kalah A. Paisley is prosecuting the case, which was investigated by the Glacier County Sheriff’s Office, FBI and Blackfeet Law Enforcement Services.
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Browning man sentenced to more than 26 years in prison for murder, kidnapping on Blackfeet Indian ReservationRead the Press Release
GREAT FALLS – A Browning man who admitted to murdering a man and then holding a woman hostage by knifepoint on the Blackfeet Indian Reservation was sentenced today to 26 years and eight months in prison to be followed by five years of supervised release, Acting U.S. Attorney Leif M. Johnson said.
Jason Avery Mattson, 30, pleaded guilty on March 30 to second degree murder and to kidnapping as charged in an indictment.
Chief U.S. District Judge Brian M. Morris presided.
In court documents filed in the case, the government alleged that on March 3, 2020, law enforcement was called to a clearing near Cut Bank Creek, close to the Boarding School community on the Blackfeet Indian Reservation after the discovery of a body, identified as John Doe. An autopsy confirmed the manner of death was homicide, with evidence of blunt force injury.
The government further alleged that on March 10, 2020, Mattson called Blackfeet Law Enforcement Services, confessed to killing John Doe and told dispatch he had a knife and a gun. While officers were responding to the residence, Mattson called again and told dispatch he was holding a hostage, identified as Jane Doe, at knifepoint. Mattson threatened to kill Jane Doe and held her hostage for about four hours before she was able to escape. Mattson was taken into custody.
Assistant U.S. Attorney Kalah A. Paisley prosecuted the case, which was investigated by the FBI, Bureau of Indian Affairs and Blackfeet Law Enforcement Services.
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Missoula man sentenced to 20 years in prison for Flathead Valley meth trafficking; gun crimesRead the Press Release
MISSOULA – A Missoula man was sentenced today to 20 years in prison to be followed by five years of supervised release for conviction in a large methamphetamine trafficking investigation in which multi-pound shipments of meth were stored at his shop in East Missoula and distributed in the Flathead Valley, Acting U.S. Leif M. Johnson said.
Leon Paul Kavis, Jr., 37, pleaded guilty on March 9 to conspiracy to possess with intent to distribute meth and to possession of a firearm in furtherance of a drug trafficking crime.
U.S. District Judge Dana L. Christensen presided. Judge Christensen also ordered the forfeiture of $13,920, nine guns, ammunition and magazines. Kavis was detained.
The government alleged in court documents that Kavis was identified to law enforcement as a source of meth in the Flathead Valley from about November 2019 to November 2020. California authorities also identified Kavis as working with individuals to bring meth to Montana. Eight informants reported receiving at least 34 pounds of meth from Kavis. Investigators recovered about five pounds of meth that were sent to Kavis’ shop in East Missoula and recovered another two pounds of meth during a search of the shop. In addition, the government alleged that law enforcement learned that several packages totaling 28 pounds of meth from known drug associates had been delivered to Kavis’ shop. Court documents also alleged Kavis told informants that he was bringing in 30 pounds of meth per week. Thirty pounds of meth is the equivalent of about 108,720 doses. The government alleged that Kavis always carried a firearm for protection and often had large sums of cash, ranging from $30,000 to $50,000.
Assistant U.S. Attorney Jennifer S. Clark prosecuted the case, which was investigated by the FBI’s Montana Regional Violent Crimes Task Force, the Missoula Police Department and the Flathead 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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Former Billings rheumatologist settles alleged health care fraud claims for $2 millionRead the Press Release
BILLINGS – A former Billings rheumatologist and his business agreed to settle alleged civil False Claims Act violations regarding his practice for a $2,070,664 total payment, Acting U.S. Attorney Leif M. Johnson said today.
Dr. Enrico Arguelles, a former rheumatologist, and his business, Arthritis and Osteoporosis Center (AOC), which closed in September 2018, entered into a civil settlement agreement with the U.S. Attorney’s Office for the District of Montana on July 14, 2021. The terms of the settlement require Arguelles and AOC to pay a settlement amount of $1,268,646 and to relinquish any claim to $802,018 in Medicare payment suspensions that have been held in escrow for AOC since Oct. 11, 2017 by the Centers for Medicare and Medicaid.
“This civil settlement resolves claims of improper medical treatments and false billing to a federal program. Over billed and unnecessary claims, like the ones at issue in this case, drive up the costs for providing care to the people who really need it. Medical providers who attempt to enrich themselves by submitting false and exaggerated claims to federal health benefit programs, like Medicare, will be investigated and held responsible. I want to thank our office’s team of health care fraud investigators, the Department of Health and Human Services Office of Inspector General and the FBI for their work on this case,” said Acting U.S. Attorney Johnson.
“Patients and taxpayers expect physicians to make decisions based on medical necessity, not on boosting the physician’s profits, as alleged in this case,” said Special Agent in Charge Curt L. Muller of the U.S. Department of Health and Human Services Office of Inspector General. “Working with our law enforcement partners, we will hold accountable individuals who provide medically unnecessary treatments and pass along the cost to taxpayers.”
The United States contended that it had certain claims against Arguelles and AOC arising from the diagnosis and treatment of rheumatoid arthritis, including the improper billing for MRI scans, improper billing for patient visits, and the use of biologic infusions such as Remicade for certain patients who did not have seronegative rheumatoid arthritis, from Jan. 1, 2015 through AOC’s closure in September 2018.
The Settlement Agreement is neither an admission of liability by Arguelles or AOC, nor a concession by the United States that its claims are not well founded.
Assistant U.S. Attorney Michael A. Kakuk represented the United States in this matter, which was investigated by the U.S. Attorney’s Office’s Health Care Fraud Investigative Team, the Department of Health and Human Services Office of Inspector General and the FBI.
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Butte man admits armed robberies of three businessesRead the Press Release
MISSOULA – A Butte man accused of robbing three business at gun point in three different Montana cities in February admitted charges today, Acting U.S. Attorney Leif M. Johnson said.
Thomas Scott Cockrill, 49, pleaded guilty to three counts of robbery affecting commerce and to brandishing a firearm in furtherance of a crime of violence. Cockrill faces a maximum 20 years in prison, a $250,000 fine and three years of supervised release on the robbery crime and a mandatory minimum seven years to life in prison, consecutive to any other sentence, a $250,000 fine and five years of supervised release on the firearm crime.
U.S. Magistrate Judge Kathleen L. DeSoto presided. Sentencing was set for Nov. 10 before U.S. District Judge Dana L. Christensen. Cockrill was detained pending further proceedings.
The government alleged in court documents that on Feb. 9, Cockrill robbed Blackjack Pizza in Missoula and brandished a handgun at an employee. Later that same evening, Cockrill held up at gun point an employee of the La Quinta Inn in Helena. Four days later, on Feb. 13, Cockrill robbed the Elevated Dispensary in Butte and brandished a handgun at an employee. Each business lost several hundred dollars in the robberies. When interviewed by law enforcement, Cockrill admitted he owned three firearms and that he robbed the three businesses.
Assistant U.S. Attorney Tara J. Elliott is prosecuting the case, which was investigated by the FBI’s Montana Regional Violent Crime Task Force, Helena Police Department, Missoula Police Department, Butte Silverbow Law Enforcement 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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Laurel meth trafficker sentenced to more than 14 years in prisonRead the Press Release
BILLINGS – A Laurel man who admitted meth trafficking and firearms crimes after investigators found seven pounds of the drug along with firearms in a search of his residence was sentenced today to 14 years and nine months in prison and to five years of supervised release, Acting U.S. Attorney Leif M. Johnson said.
Robert Ernest Frazier II, 46, pleaded guilty on Nov. 20, 2020 to possession with intent to distribute meth and to possession of a firearm in furtherance of a drug trafficking crime.
U.S. District Judge Susan P. Watters presided.
The government alleged in court documents that in early 2019, agents used a confidential informant to make two controlled drug purchases of about two ounces each time from Frazier. In February 2019, agents executed a search warrant on Frazier’s residence and vehicle and found about seven pounds of meth, marijuana, drug paraphernalia and firearms in his residence. Two pistols were found in the same safe Frazier was using to store his meth. In Frazier’s vehicle, agents found another large stash of meth, marijuana and drug paraphernalia. Frazier admitted to being a meth distributor and estimated he had sold nearly one pound of meth per week for the last year. He also stated that he had received a 10-pound delivery of meth the previous week and what was found was what was left of it. Ten pounds of meth is the equivalent of 36,240 doses.
Assistant U.S. Attorney Colin M. Rubich prosecuted the case, which was investigated by the FBI Western Transnational Organized Crime Task Force and 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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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 July16 was:
George Thomas Walker, 44, of Hamilton, on charges of conspiracy to distribute methamphetamine, possession with intent to distribute meth, 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, Walker faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. Walker was detained pending further proceedings. The FBI, Missoula County Sheriff’s Office, Missoula Police Department, Great Falls Police Department, Ravalli County Sheriff’s Office and Montana Department of Corrections’ Probation and Parole investigated the case. PACER case reference. 21-26.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on July15 was:
Steven Roy DeCarlo, 31, of Browning, on charges of conspiracy to possess with intent to distribute meth, possession with intent to distribute meth and prohibited person in possession of a firearm. If convicted of the most serious crime, DeCarlo faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. DeCarlo was detained pending further proceedings. The FBI, Homeland Security Investigations and Blackfeet Law Enforcement Services investigated the case. PACER case reference. 21-45.
Louis Jay Remillard, 49, of Helena, on charges of conspiracy to possess with intent to distribute meth and possession with intent to distribute meth. If convicted of the most serious crime, Remillard faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. Remillard was detained pending further proceedings. The FBI, Drug Enforcement Administration, Great Falls Police Department, Cascade County Sheriff’s Office and Montana Highway Patrol investigated the case. PACER case reference. 21-47.
Jeremiah Lewis Camphouse, 40, of Great Falls, on charges of possession of a firearm by unlawful user of a controlled substance. If convicted of the most serious crime, Camphouse faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Camphouse was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives and Great Falls Police Department investigated the case. PACER case reference. 21-37.
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on July14 was:
Peggy Waples, 61, and Sherrie Lynn Cain, 51, both of Miles City, on charges of conspiracy to possess with intent to distribute meth and possession with intent to distribute meth. If convicted of the most serious crime, Waples and Cain face a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. Waples and Cain were detained pending further proceedings. The Drug Enforcement Administration and Montana Division of Criminal Investigation investigated the case. PACER case reference. 21-45.
Ashley Michael Stella, 28, of Reno, Nevada, on charges of transportation of a minor with intent to engage in prostitution. If convicted of the most serious crime, Stella faces a mandatory minimum 10 years to life in prison, a $250,000 fine and three years of supervised release. Stella was detained pending further proceedings. The FBI investigated the case. PACER case reference. 21-41.
Latisha Marvala West, 26, of Billings, on charges of receipt of a firearm by a person under indictment and prohibited person in possession of a firearm. If convicted of the most serious crime, West faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. West was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 20-98.
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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Helena firearms dealer, three others charged with firearms violationsRead the Press Release
GREAT FALLS—A federal firearms licensee at Modern Pawn and Consignment, a Helena business, and three others were arraigned on July 15 on charges in an indictment alleging multiple firearms crimes, Acting U.S. Attorney Leif M. Johnson said today.
Appearing before U.S. Magistrate Judge John T. Johnston and pleading not guilty were Isaiah Maurice Morsette, 38 of Boulder; Catherine Suzanne Morsette, 38, of Boulder; Douglas Wayne Sullivan, 69, of Boulder and Helena; and Richard Joe Munoz, 34, of Helena. All defendants were released pending further proceedings.
Isaiah Morsette is charged with possession of stolen ammunition (propellant powder), prohibited person in possession of firearms and false statement during firearms sale.
Catherine Morsette, a licensed dealer of firearms, is charged with possession of stolen ammunition (propellant powder), false statement during firearms sale at Modern Pawn and Consignment and failure to keep proper records at Modern Pawn and Consignment.
Douglas Sullivan is charged with possession of stolen ammunition (propellant powder) and prohibited person in possession of ammunition.
Richard Munoz is charged with prohibited person in possession of firearms.
The indictment alleges the crimes occurred from February to April in Helena and Boulder.
If convicted of the most serious crime, the defendants face a maximum 10 years in prison, a $250,00 fine and three years of supervised release.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and Helena Police Department investigated the case.
An indictment is merely an accusation and defendants are presumed innocent until proven guilty in a court of law.
PACER case reference. 21-6.
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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Sinaloa, Mexico, man sentenced to 17 years in prison for meth trafficking in Butte areaRead the Press Release
MISSOULA – A Sinaloa, Mexico, man, who admitted methamphetamine trafficking and money laundering activities in the Butte area, was sentenced today to 17 years in prison to be followed by five years of supervised release, Acting U.S. Attorney Leif M. Johnson said.
Humberto Horiol Medina Villarreal, 34, pleaded guilty on March 25 to possession with intent to distribute meth and to conspiracy to commit money laundering.
U.S. District Judge Dana L. Christensen presided.
The government alleged in court documents that from about July 2017 until August 2020 in Butte, Villarreal and others were involved in drug trafficking. An undercover law enforcement agent ordered a pound of meth directly from Villarreal. When negotiating the price per pound of meth, Villarreal stated, “There’s people I give 5 packs, 10 packs, 20 packs, for four grand, and they get rid of that stuff in a week.” Law enforcement knew that Villarreal meant 5-pound, 10-pound and 20-pound shipments of meth. One pound of meth is the equivalent of 3,624 doses. Villarreal told the undercover agent to wire the money to “Ricardo Ramos Medina, Baja California North.” Ricardo Ramos Medina, of Sinaloa, Mexico, was convicted of meth trafficking in a related indictment and sentenced to eight years in prison.
The government also alleged that Villarreal conspired to launder money and directed others to wire money from Montana to California, and elsewhere, to pay for and fund the purchase of additional meth and other drugs.
Villarreal’s two co-defendants have been convicted of drug trafficking crimes and sentenced. Charles Joshua Petty, of Butte, was sentenced to 10 years in prison, while Shawn James Miller, of Deer Lodge, was sentenced to five years in prison.
Assistant U.S. Attorney Ryan G. Weldon prosecuted the case, which was investigated by the Drug Enforcement Administration, Homeland Security Investigations, Bureau of Alcohol, Tobacco, Firearms and Explosives, Montana Division of Criminal Investigation and the Butte 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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Worden man sentenced to more than 15 years in prison for trafficking methamphetamineRead the Press Release
BILLINGS – A Worden man who admitted to trafficking methamphetamine after investigators found 10 pounds of the drug in his vehicle was sentenced today to 15 years and eight months in prison and to five years of supervised release, Acting U.S. Attorney Leif M. Johnson said.
Bo Bryan Fish, 40, pleaded guilty on Jan. 27 to possession with intent to distribute meth.
U.S. District Judge Susan P. Watters presided. Fish was detained.
The government alleged in court documents that between January and March 2020, the Eastern Montana High Intensity Drug Trafficking Area Task Force began investigating Fish for involvement in drug trafficking. Cooperating witnesses told investigators that Fish took trips to Colorado to acquire bulk quantities of meth, ranging from five to 20 pounds per trip.
The investigation led to a traffic stop of a truck occupied by Fish, who told investigators there were about 10 pounds of meth in the back seat and admitted to acquiring the meth that day in Wyoming. He said he had been acquiring bulk meth from the source for about eight months. Investigators served a search warrant on the truck and Fish’s property and seized 10 pounds of meth from the vehicle and about seven ounces of meth from the property. Ten pounds of meth is the equivalent of about 36,240 doses.
Assistant U.S. Attorney Colin M. Rubich prosecuted the case, which was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force and FBI Western Transnational Organized Crime 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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Former Custom Carbon Processing official sentenced for failing to surrender to prison for convictions stemming from explosion of Wibaux oil processing plantRead the Press Release
BILLINGS – The former president of Custom Carbon Processing, Inc., convicted of Clean Air Act violations in the explosion of an oil processing plant in Wibaux, was sentenced today after admitting he failed to surrender to prison to begin serving an 18-month prison term, Acting U.S. Attorney Leif M. Johnson said.
Peter Margiotta, 64, of Edmonton, Alberta, Canada, was sentenced to one day in prison, consecutive to his 18-month sentence, after he pleaded guilty today to an indictment charging him with failure to surrender for service of sentence.
U.S. District Judge Susan P. Watters presided and sentenced Margiotta immediately after his plea hearing. Margiotta was detained.
Under the terms of a plea agreement filed in the case, the government and Margiotta agreed that a sentence of one day of imprisonment was appropriate and that Margiotta would voluntarily dismiss any appeal of his previous convictions or sentence in the case involving Clean Air Act violations.
In court documents filed in the case, the government alleged that on July 10, 2020, Margiotta was sentenced to 18 months in federal prison and was permitted to self-surrender to the U.S. Bureau of Prisons to begin serving his sentence.
A jury in September 2019 found Margiotta guilty of all three counts in an indictment charging him with conspiracy, Clean Air Act-general duty and Clean Air Act-knowing endangerment, for his actions related to a 2012 explosion that injured three workers at the company’s oil processing plant in Wibaux.
The government alleged that the court gave Margiotta three extensions of time to self-report to prison, with the third deadline for self-reporting to the Bureau of Prisons’ SeaTac Facility in Seattle, Washington, on or before Jan. 15, 2021. Margiotta failed to self-surrender by Jan. 15. Margiotta turned himself into law enforcement authorities in Sweetgrass on March 25.
Assistant U.S. Attorney Bryan T. Dake and Eric E. Nelson, Special Assistant U.S. Attorney, prosecuted the case, which was investigated by the Environmental Protection Agency and Department of Transportation.
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Butte meth trafficker sentenced to 10 years in prisonRead the Press Release
MISSOULA – A Butte man who admitted trafficking drugs, including methamphetamine, in Montana and to receiving meth through the mail in Butte, was sentenced today to 10 years in prison to be followed by five years of supervised release, Acting U.S. Attorney Leif M. Johnson said.
Charles Joshua Petty, 31, pleaded guilty on March 15 to possession with intent to distribute controlled substances. Petty also was ordered to forfeit $8,500 seized in the case.
U.S. District Judge Dana L. Christensen presided.
The government alleged in court documents that Petty received meth from individuals in California and elsewhere, including through the mail in Butte, for distribution. The investigation determined that Petty and others would wire money back to California and to Sinaloa, Mexico, to pay for the meth. The government further alleged that investigators learned from cooperators that Petty received approximately 10 pounds of meth in January 2019. Ten pounds of meth is the equivalent of approximately 36,240 doses. A co-defendant, Shawn Miller, was sentenced to five years in prison for his role in the case.
Assistant U.S. Attorney Ryan G. Weldon prosecuted the case, which was investigated by the Drug Enforcement Administration, Homeland Security Investigations, Bureau of Alcohol, Tobacco, Firearms and Explosives, Montana Division of Criminal Investigation and the Butte 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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Texas man suspected of sexually assaulting minor girl on flight to Bozeman appears in courtRead the Press Release
MISSOULA – A Texas man suspected of sexually assaulting a minor girl while on a flight from Austin, Texas, to Bozeman had an initial appearance on a criminal complaint today, Acting U.S. Attorney Leif M. Johnson said.
The criminal complaint accuses Vincent Harry Kopacek, 76, of Fredericksburg, Texas, of three federal crimes: attempted sexual abuse of a minor, abusive sexual contact and assault within maritime and territorial jurisdiction. If convicted of the most serious crime, Kopacek faces a maximum 15 years in prison, a $250,000 fine and five years of supervised release.
A criminal complaint is only an accusation, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt.
U.S. Magistrate Judge Kathleen L. DeSoto presided. Kopacek was detained pending further proceedings.
According to the criminal complaint and documents filed in support of the complaint, on July 9, the FBI was contacted by an officer with the Bozeman Yellowstone International Airport Public Safety Office that the previous night, on July 8, a 15-year-old girl had been assaulted while on an aircraft from Austin to Bozeman. Upon departing the airport, the girl reported the incident to her family, who then contacted law enforcement.
The court documents allege that the girl was seated in a window seat, which was fully upright during the flight, and that Kopacek was sitting directly behind the girl’s seat. Kopacek allegedly reached his hand around the girl’s seat between her seat and the interior wall of the aircraft and touched the girl’s body. The girl documented the alleged activity with her cell phone. The activity took place from prior to takeoff in Austin to before landing in Bozeman.
FBI agents arrested Kopacek in Bozeman on July 11 when he checked in for his flight departing the airport.
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.
PACER case reference. 21-072.
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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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 for an initial appearance on a criminal complaint on July 8 was:
Edward Timothy Cockerham, 42, of Kalispell, on charges of sexual exploitation of a child. If convicted of the most serious crime, Cockerham faces a minimum 15 years to 30 years in prison, a $250,000 fine and five years to life of supervised release. Cockerham was detained pending further proceedings. Homeland Security Investigations and the Flathead County Sheriff’s Office investigated the case. PACER case reference. 21-70.
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on July 8 was:
Jeremy Michael Adams, 32, of Billings, on charges of felon in possession of a firearm. If convicted of the most serious crime, Adams faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Adams was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 21-37.
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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Corvallis ex-lawyer admits wire fraud, money laundering and tax evasion in real estate investment schemeRead the Press Release
MISSOULA –A former lawyer who also was a licensed realtor and ran a construction company today admitted charges in which he defrauded investors, losing more than $1 million in the futures market, and filed false income tax returns, Acting U.S. Attorney Leif M. Johnson said.
Ronald Dean Lords, 53, of Corvallis, pleaded guilty to wire fraud, money laundering and filing false tax returns. Lords faces a maximum 20 years in prison, a $250,000 fine and three years of supervised release on the wire fraud charge; 10 years in prison, a $250,00 fine and three years of supervised release on the money laundering charge and three years in prison, a $100,000 fine and one year of supervised release on the false tax returns charge.
U.S. Magistrate Judge Kathleen L. DeSoto presided. A sentencing date was set for Nov. 10 before U.S. District Judge Donald W. Molloy. Lords was released pending further proceedings.
The government alleged in court documents that Lords was a lawyer, who operated Eagles Landing Legal Services, PC, as well as a licensed realtor and general contractor, who operated Eagles Landing Construction, Inc. The construction company purported to develop real property and build homes. From June 2011 and September 2018, in Ravalli County, Lords defrauded several victims by convincing them to invest money in his construction company. Lords told them he would make monthly interest payments, use the money to build homes and repay the money after the homes were sold. Lords said he would return the victims’ money within 30 days of any request.
The government further alleged that instead of using the money to fund construction projects as promised, Lords used a portion of the new money to make interest payments to prior investors and lost the majority of the funds in the futures market. When some victims demanded their principal back, Lords admitted he lost more than $1 million in the futures market and did not have their money.
The government also alleged that Lords failed to declare $432,608 he received from several victims in 2015 as “other income” on his taxes, resulting in unpaid taxes of $152,734 for that year.
Assistant U.S. Attorney Timothy J. Racicot is prosecuting the case, which was investigated by the FBI and IRS, Criminal Investigation Division.
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Meth trafficker sentenced to 12 years in prison in Billings conspiracyRead the Press Release
MISSOULA – A man convicted in a methamphetamine conspiracy in which he helped bring the drug to Billings for distribution was sentenced today to 12 years in prison to be followed by five years of supervised release, Acting U.S. Attorney Leif M. Johnson said.
James Moe McPhail, 35, unknown hometown, pleaded guilty on March 4 to conspiracy to possess with intent to distribute meth. McPhail was detained.
U.S. District Judge Dana L. Christensen presided.
In court documents filed in the case, the government alleged that in July 2019, law enforcement learned that McPhail, while incarcerated at Crossroads Correction Center, was in contact with co-defendant, Todd William Weidler, to arrange for delivery of meth to Weidler in Billings. Investigators also learned that Weidler always had meth on hand, could usually sell ounces in a matter of minutes and conducted all of his business from his BMW or Range Rover in parking lots.
In September 2019, law enforcement searched Weidler’s residence, vehicles and storage units and recovered meth and approximately $11,900 in currency. Law enforcement estimated Weidler distributed at least 1,153.3 grams, or about 2.5 pounds, which is the equivalent of about 9,060 doses. Weidler was sentenced to 10 years in prison for conviction in the case.
Assistant U.S. Attorney Jennifer S. Clark prosecuted the case, which was investigated by the Montana Department of Corrections, Eastern Montana High Intensity Drug Trafficking Area Task Force and the Drug Enforcement Administration.
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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Man admits meth trafficking in Great Falls, role in crime spree of stolen ATVsRead the Press Release
GREAT FALLS – A Florida man today admitted trafficking methamphetamine in Great Falls and transporting stolen property after he was arrested in Missouri driving a truck and pulling a stolen trailer loaded with $80,000 in stolen ATVs and other items, Acting U.S. Attorney Leif M. Johnson said.
Harold Goodson Hill, 37, pleaded guilty to possession with intent to distribute meth and to interstate transportation of stolen property. Hill faces a mandatory minimum five years to 40 years in prison, a $5 million fine and at least four years of supervised release on the drug crime and a maximum 10 years in prison, a $250,000 fine and three years of supervised release on the transportation of stolen property crime.
Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris set sentencing for Oct. 21. Hill was detained pending further proceedings.
The government alleged in court documents that in September 2020, the Great Falls Police Department responded to series of theft complaints around town of various items, including an ATV from a pickup truck. While responding to a report, officers found Hill asleep in the driver’s seat of a vehicle and seized stolen items found in the vehicle. In October 2020, law enforcement learned Hill had been selling meth in Great Falls and that he was receiving suspicious packages from Las Vegas to an address he had in Townsend. Officers stopped Hill after he picked up a package at the Townsend post office, seized the package and determined it contained 1.9 pounds of meth. Hill told agents he had come to Montana from Virginia in April 2020 and admitted to distributing meth. The agents released Hill.
The government further alleged that Hill rented a 26-foot Penske truck in Whitehall on Oct. 29, 2020. A trooper in Missouri ultimately stopped the Penske truck, which was pulling a trailer that had been stolen from Broadwater County and had a license plate stolen from Belgrade. Hill was the driver and sole occupant of the truck. Officers searched the truck and trailer and found five ATVs and a UTV that had been stolen in Bozeman, Great Falls and Spearfish, S.D., along with a Toro lawnmower and other items. The estimated value of the stolen items was $80,000.
Assistant U.S. Attorney Jessica A. Betley is prosecuting the case, which was investigated by the FBI, Drug Enforcement Administration, Great Falls Police Department, Russell Country Drug Task Force, Broadwater County Sheriff’s Office, U.S. Postal Service, Gallatin County Sheriff’s Office, South Dakota Division of Criminal Investigation, Belle Fourche Police Department, South Dakota, Sioux Falls Police Department, South Dakota, and Missouri State 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 June 28 was:
James Michael Gunderson, 58, of Billings, 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, Gunderson faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. Gunderson was detained pending further proceedings. The FBI Western Transnational Organized Crime Task Force and Eastern Montana High Intensity Drug Trafficking Area Task Force investigated the case. PACER case reference. 21-44.
Leslee Marie Kinsey, 29, a transient, on charges of theft of mail. If convicted of the most serious crime, Kinsey faces a maximum five years in prison, a $250,000 fine and three years of supervised release. Kinsey was detained pending further proceedings. The U.S. Postal Service investigated the case. PACER case reference. 21-42.
Eric Antonio Espinoza, 30, a transient, on charges of conspiracy to possess with intent to distribute meth and possession with intent to distribute meth. If convicted of the most serious crime, Espinoza faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. Espinoza was detained pending further proceedings. The FBI Western Transnational Organized Crime Task Force and Eastern Montana High Intensity Drug Trafficking Area Task Force investigated the case. PACER case reference. 21-43.
Appearing on June 29 and pleading not guilty was:
Jessy James Zachariah Harwood, 29, of Billings, on charges of felon in possession of a firearm. If convicted of the most serious crime, Harwood faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Harwood was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 21-39.
Michael Andrew Cuellar, 30, a transient, on charges of bank fraud, aggravated identity theft and theft of mail. If convicted of the most serious crime, Cuellar faces a maximum 30 years in prison, a $250,000 fine and five years of supervised release. Cuellar was detained pending further proceedings. The U.S. Postal Service investigated the case. PACER case reference. 21-42.
Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on June 29 was:
William Daly Harrington, 42, of Helena, on charges of distribution of child pornography and possession of child pornography. If convicted of the most serious crime, Harrington faces a mandatory minimum five years to 20 years in prison, a $250,000 fine and five years to life of supervised release. Harrington was released pending further proceedings. The FBI, Lewis and Clark County Sheriff’s Office, Homeland Security Investigations and Internet Crimes Against Children Task Force investigated the case. PACER case reference. 21-05.
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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Havre woman admits trafficking fentanyl pillsRead the Press Release
GREAT FALLS – A Havre woman accused of trafficking fentanyl pills on the Rocky Boy’s Indian Reservation and in Hill and Cascade counties admitted charges today, Acting U.S. Attorney Leif M. Johnson said.
Amber Victoria Standingrock, 24, pleaded guilty to possession with intent to distribute controlled substances as charged in an information during an arraignment and plea change hearing. Standingrock faces a maximum of 20 years in prison, a $1 million fine and at least three years of supervised release.
Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris set sentencing for Oct. 21. Standingrock was detained pending further proceedings.
In court documents filed in the case, the government alleged that on April 15, a Great Falls Police Department officer arrested Standingrock on an outstanding warrant. During a subsequent search of Standingrock’s purse, the officer found $2,825 in cash, two cellular phones and about 40 small blue pills, identified as fentanyl. Officers served a search warrant on Standingrock’s vehicle and phones and located four identical pills, $150 in cash and communications in which Standingrock appeared to be arranging the sale of “fettys,” which is common slang for fentanyl pills. Law enforcement executed a search warrant on Standingrock’s Facebook account and retrieved communications showing her arranging and proposing sales of fentanyl pills.
Assistant U.S. Attorney Ethan R. Plaut is prosecuting the case, which was investigated by the FBI, Great Falls Police Department and Russell Country Drug Task Force.
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Bozeman man sentenced to prison for trafficking methRead the Press Release
MISSOULA – A Bozeman man who admitted to drug trafficking after an officer found methamphetamine and heroin in his vehicle during a traffic stop was sentenced today to five years in prison to be followed by five years of supervised release, Acting U.S. Attorney Leif M. Johnson said.
Rick Ray Garcia, 37, pleaded guilty on Feb. 12 to possession with intent to distribute meth.
U.S. District Judge Dana L. Christensen presided. Garcia was detained.
The government alleged in court records that on Dec. 18, 2019, a Bozeman law enforcement officer conducted a traffic stop with Garcia in Gallatin County and arrested Garcia on an outstanding warrant. During a subsequent search of Garcia and his vehicle, law enforcement found about 9 grams of heroin, about 29 grams of meth and a loaded 9mm handgun. Garcia was known to law enforcement for distributing drugs.
Assistant U.S. Attorney Jennifer S. Clark prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Bozeman 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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Montana man arraigned on hate crime, firearm chargesRead the Press Release
GREAT FALLS – A Montana man accused of firing a gun into an individual’s house and threatening the individual with violent, homophobic slurs was arraigned on Tuesday on federal hate crime and firearm charges, Acting U.S. Attorney Leif M. Johnson said today.
John Russell Howald, 44, of Basin, pleaded not guilty to an indictment charging him with violating the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act and with the use of a firearm during and in relation to a crime of violence. The indictment alleges that on March 22, 2020, in Basin, Howald attempted to injure an individual because of their actual and perceived sexual orientation by discharging a firearm into the individual’s house, stating that he wanted to “get rid of the lesbians [and] gays.” The offense included an attempt to kill the individual.
If convicted of the most serious crime, Howald faces up to life in prison on the hate crime charge and a mandatory minimum of 10 years in prison, consecutive to any other sentence, on the firearm charge.
A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Magistrate Judge John T. Johnston presided. Howald was detained pending further proceedings.
Assistant U.S. Attorney Brendan McCarthy of the District of Montana and Trial Attorney Eric Peffley of Civil Rights Division’s Criminal Section are prosecuting the case. The FBI, Bureau of Alcohol, Tobacco, Firearms and Explosives, and Jefferson County Sheriff’s Office investigated the case.
An indictment is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
For more information and resources on the department’s efforts to combat hate crimes, visit www.justice.gov/hatecrimes.
PACER case reference. 21-04.
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Montana Native Women’s Coalition ex-director, ex-board treasurer sentenced for stealing grant fundsRead the Press Release
BILLINGS – Two former officials with the Montana Native Women’s Coalition were sentenced to probationary terms and ordered to pay restitution after each admitted to stealing federal grant funds for unapproved spending, including travel to Las Vegas, Nevada, Acting U.S. Attorney Leif M. Johnson said today.
Sheryl Lynn Lawrence, 45, of Colstrip, who was the Coalition’s executive director, was sentenced today to three years of probation and ordered to pay $35,127 restitution jointly and severally with co-defendant Meredith McConnell, the Coalition’s former chairwoman. Lawrence pleaded guilty on Feb. 4 to theft of federal funds.
McConnell, 51, of Lame Deer, was convicted on April 2 in a federal jury trial of crimes related to the unauthorized spending of grant funding and is pending sentencing.
Co-defendant Barbara Mary Daychief, 45, of Browning, who was the Coalition’s board treasurer, was sentenced on June 17 to two years of probation and ordered to be solely liable for $2,973 restitution. Daychief pleaded guilty on Jan. 22 to theft of federal funds.
U.S. District Judge Susan P. Watters presided.
“As executive director and board treasurer, Lawrence and Daychief held trusted positions within the Coalition. By stealing the Coalition’s federal grant money to spend for their own benefit, Lawrence and Daychief prevented the money from being used as intended -- helping Native American victims of domestic and sexual abuse. Our office will prosecute and hold accountable those who misuse grant funding,” Acting U.S. Attorney Johnson said.
“The money that Lawrence and Daychief stole was intended to help Native American victims of domestic and sexual violence. The Department of Justice Office of the Inspector General will continue to root out these schemes, to help ensure that victims of crime are given the help that they need,” said Douglas B. Bruce, Special Agent in Charge of the Department of Justice Office of the Inspector General Denver Field Office.
In court documents filed in the case, the government said that the purpose of the Lame Deer-based Coalition is to help Native American victims of domestic and sexual violence. The Coalition receives funding from the U.S. Department of Justice’s Office on Violence Against Women (OVW), which provides grants for victim services.
The government alleged that while serving as the Coalition’s executive director, Lawrence received a travel advance in November 2017. Lawrence claimed $1,826 in travel money for a trip to Las Vegas. Lawrence claimed she drove, which provided more money due to payment for mileage, when in fact, Lawrence flew, which cost significantly less money. Lawrence spent money on a trip to Las Vegas, which was never approved by the OVW, nor would it ever have been approved.
The government also alleged that while serving on the board, Daychief received travel advances for travel to various locations. In November 2017, Daychief claimed $1,874 in travel money for a trip to Las Vegas. Although initially intending to travel to the claimed destinations, Daychief ultimately did not travel as planned. Rather than pay back the travel advances as required, Daychief kept the money for herself. When interviewed by law enforcement, Daychief admitted she obtained travel advances despite not traveling as claimed. The government further alleged the thefts occurred four months after board officials, including Daychief, participated in training about conflicts of interest, whistleblower policies, ethics and financial oversight. The training came after the Coalition’s previous executive director pleaded guilty to fraud in March 2017 for stealing from the organization.
Assistant U.S. Attorneys Ryan G. Weldon and Bryan T. Dake prosecuted the case, which was investigated by the Department of Justice’s Office of the Inspector General.
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Lame Deer man sentenced to prison for assaulting womanRead the Press Release
BILLINGS – A Lame Deer man who admitted to assaulting a woman on the Northern Cheyenne Indian Reservation, was sentenced today to 18 months in prison and to three years of supervised release, Acting U.S. Attorney Leif M. Johnson said.
Darrell Dean Fisher, 36, pleaded guilty on Jan. 28 to assault resulting in substantial bodily injury.
U.S. District Judge Susan P. Watters presided.
In court documents filed in the case, the government alleged that on Aug. 4, 2019, Fisher and the victim, identified as Jane Doe, returned to Ashland from a trip and argued. An altercation ensued and Fisher pushed the victim to the ground, injuring her.
Assistant U.S. Attorney Bryan T. Dake prosecuted the case, which was investigated by the FBI.
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Helena man admits to meth trafficking, firearm crimesRead the Press Release
GREAT FALLS – A Helena man accused of trafficking methamphetamine and of possessing a stolen gun admitted charges on Monday, Acting U.S. Attorney Leif M. Johnson said today.
Robert Raymond Fasuga, 38, pleaded guilty during an arraignment and plea change hearing to conspiracy to possess with intent to distribute meth and to possession of a stolen firearm as charged in a superseding information. Fasuga faces a mandatory minimum five years to 40 years in prison, a $5 million fine and at least four years of supervised release on the conspiracy charge and a maximum 10 years in prison, a $250,000 fine and three years of supervised release on the firearm charge.
Chief U.S. District Judge Brian M. Morris presided and set sentencing for Oct. 13. Fasuga was detained pending further proceedings.
In court documents filed in the case, the prosecution alleged that on June 14, 2020, Fasuga possessed at least one stolen firearm after he fled from law enforcement, pulled two firearms from his person and pointed them to his head. Officers talked him down, and Fasuga later told agents that he assumed the guns were stolen because he paid $50 for each one. Mountain Man Trading Post in Belgrade was the lawful owner of a .380 pistol recovered from Fasuga on that date. In addition, the government alleged that further investigation determined that Fasuga was a meth dealer. On March 24, 2021, during the execution of a federal search warrant, agents found about one pound of meth that Fasuga intended to sell and $6,779 in U.S. currency believed to be drug proceeds.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and Lewis and Clark County Sheriff’s Office investigated the case.
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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Meth trafficking on Northern Cheyenne Indian Reservation sends Ashland man to prison for 10 yearsRead the Press Release
BILLINGS – An Ashland man who admitted trafficking methamphetamine on the Northern Cheyenne Indian Reservation was sentenced today to 10 years in prison to be followed by five years of supervised release, Acting U.S. Attorney Leif M. Johnson said.
Robert Joseph Speelman, 48, pleaded guilty on Jan. 27 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 on Jan. 21, 2020, a Bureau of Indian Affairs canine officer, while on patrol on the Northern Cheyenne Indian Reservation, saw Speelman, a known drug user and dealer on the reservation, sitting in his truck on the side of the road. Speelman had outstanding tribal warrants. A cursory search by the officer in a subsequent arrest resulted in the recovery of a small amount of meth. There also was a rifle mounted above the back window. The truck was impounded and searched, which resulted in the recovery of about 68 grams of meth, $179 in cash and two more firearms.
Assistant U.S. Attorney Lori H. Suek prosecuted the case, which was investigated by the Bureau of Indian Affairs.
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 Great Falls plumbing businesses sentenced to prison for employment tax fraudRead the Press Release
GREAT FALLS –A Great Falls businessman was sentenced on June 24 to nine months in prison and ordered to pay $148,735 restitution for employment tax fraud, Acting U.S. Attorney Leif M. Johnson said today.
According to court documents, Thomas O’Connell, 48, owned and operated three plumbing businesses: Quality Plumbing and Heating, Orbit Plumbing and Heating, and Orbit PHC. From at least 2005 through 2016, O’Connell caused trust fund taxes to be withheld from employees’ wages and then did not pay employment taxes for several quarters. Instead, he directed payments to other creditors and to his own personal expenses. The total tax loss to the IRS resulting from his conduct is more than $550,000.
O’Connell pleaded guilty on March 24 to willful failure to pay over employment taxes.
Chief U.S. District Judge Brian M. Morris presided. In addition to the sentence of imprisonment, O’Connell will serve an additional three years of supervised release.
Assistant U.S. Attorney Ryan G. Weldon and Trial Attorney Mark S. Determan of the Justice Department’s Tax Division prosecuted the case. The case was investigated by IRS-Criminal Investigation.
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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 June 24 was:
Jimmy Lee King, 29, of Great Falls, on charges of conspiracy to possess with intent to distribute controlled substances, possession with intent to distribute controlled substances and distribution of methamphetamine. If convicted of the most serious crime, King faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. King was detained pending further proceedings. The Drug Enforcement Administration and Great Falls Police Department investigated the case. PACER case reference. 21-39.
Appearing on June 17 was:
Jeffrey Lee Foss, 37, of Great Falls, on charges of conspiracy to possess with intent to distribute meth and possession with intent to distribute meth. If convicted of the most serious crime, Foss faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. Foss was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives and Great Falls Police Department investigated the case. PACER case reference. 21-38.
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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Cut Bank man admits strangulation, assault chargesRead the Press Release
GREAT FALLS – A Cut Bank man accused of strangling and assaulting a woman on the Blackfeet Indian Reservation admitted multiple charges on June 23, Acting U.S. Attorney Leif M. Johnson said.
Gordon Lee Connelly, 20, pleaded guilty to strangulation, assault resulting in substantial bodily injury and interstate violation of a protection order. Connelly faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release on the strangulation count, and a maximum of five years in prison, a $250,000 fine and three years of supervised release on the assault count and the violation of protection order count.
Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris set sentencing for Oct. 7. Connelly was detained pending further proceedings.
In court documents filed in the case, the prosecution alleged that on Feb. 16, Connelly strangled and assaulted the victim, identified as Jane Doe, near Cut Bank, on the Blackfeet Indian Reservation, causing her substantial injuries. The government further alleged that on March 25, Connelly violated a portion of a protection order that prohibits violence, threats and communication with another person.
Assistant U.S. Attorney Kalah A. Paisley is prosecuting the case, which was investigated by the Bureau of Indian Affairs, Glacier County Sheriff’s Office and Blackfeet Law Enforcement Services.
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Ninth Circuit ruling for United States retains abandoned railroad right of way for public accessRead the Press Release
BILLNGS – A ruling by the 9th U.S. Circuit Court of Appeals in an ownership dispute of an abandoned railroad right of way near Noxon, Montana, held that the United States retained ownership under the National Trails System Improvement Act, Acting U.S. Attorney Leif M. Johnson said today.
In an opinion issued on June 21, the Ninth Circuit ruled for the United States on a plaintiff’s appeal from the U.S. District Court for the District of Montana in a case before U.S. District Judge Dana L. Christensen.
"This is an important decision for people who live in and visit Montana. The public has a growing interest in using these abandoned rights-of-way for recreation and access to Montana waterways and public lands. The court’s decision in this case strikes an appropriate balance between interests of the adjacent landowners and the public as intended by Congress when it passed the National Trail System Improvement Act in 1988,” Acting U.S. Attorney Johnson said.
At issue was whether the United States maintained its reversionary interest over real property granted 150 years ago to a railroad for use as a right of way, or whether that interest was later ceded to settlers who owned adjoining property. The Estate of Glowdena Finnigan sued the U.S. Forest Service in 2018 to quiet title to a former railroad right-of-way segment near Noxon, Montana. The dispute involved whether the current ownership of the abandoned right of way was controlled by the Abandoned Railroad Right of Way Act, enacted in 1922, which transferred title to the adjacent land owners, or by the Trails Act, enacted in 1988, under which the United States retained its interest in the land.
Here, the Estate sought to quiet title to a right-of-way that the Northern Pacific Railroad Company stopped using in about 1958, but that was never declared to be abandoned any time before the enactment of the Trails Act. The Estate claimed it acquired reversionary rights in the right-of-way simply by virtue of the physical abandonment of the railroad right-of-way in 1958, even though the abandonment was never confirmed by Congress or a judicial decree. The U.S. Forest Service objected that – in lieu of prior judicial confirmation – title to such lands remained with the United States under the Trails Act. Because the lands are entirely within the Kanisku National Forest, the agency maintained they should be retained for potential recreational use by the public.
In its opinion, the Ninth Circuit held that physical abandonment alone does not suffice. In order to acquire an abandoned railroad right of way, an adjoining landowner must establish both physical abandonment and confirmation of such abandonment by Congress or a judicial decree before the 1988 enactment of the Trails Act. Because abandonment of the railroad right of way across the Finnigan parcel was not judicially confirmed, ownership reverted to the United States under the Trails Act.
Assistant U.S. Attorney Mark Steger Smith argued the case.
9th Circuit Court PACER Case No. 19-35922.pdf (uscourts.gov)
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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 June 15 was:
Jesse Jon Strack, 40, of Billings, on charges of prohibited person in possession of a firearm. If convicted of the most serious crime, Strack faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Strack was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 21-29.
Douglas Lynn Vanderslice, 35, of Butte, on charges of unlawful drug user in possession of a firearm. If convicted of the most serious crime, Vanderslice faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Vanderslice was released pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 21-36.
Donald Ray Gardner, 58, of Lodge Grass, on charges of aggravated sexual abuse of a child and abusive sexual contact. If convicted of the most serious crime, Gardner faces a maximum of life in prison, a $250,000 fine and five years of supervised release. Gardner was released pending further proceedings. The FBI investigated the case. PACER case reference. 20-70.
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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Great Falls man sentenced to prison for illegal firearm possessionRead the Press Release
GREAT FALLS – A Great Falls man was sentenced today to one year and one day in prison followed by three years of supervised release on a firearms conviction after law enforcement officers found him slumped over in a running vehicle, under the influence of drugs and with a firearm, Acting U.S. Attorney Leif M. Johnson said.
Leonard James Hilton, 35, pleaded guilty on March 16 to possession of a firearm by an unlawful user of a controlled substance.
Chief U.S. District Judge Brian M. Morris presided. Hilton was detained.
In court documents filed in the case, the government alleged that through out 2019 and 2020, Hilton had numerous interactions with Great Falls law enforcement and had repeatedly acknowledged to police that he was addicted to methamphetamine and heroin. The government further alleged that on April 9, 2020, police responded to a call and found Hilton slumped over the steering wheel of a running car in a motel parking lot. Officers knocked on the window. Hilton was sluggish to respond, but then reached toward the center console where officers saw a pistol in plain view. Officers ordered Hilton out of the vehicle, and as he exited, numerous hypodermic needles fell out of his coat pocket. Hilton told officers he had received the pistol from a friend.
Assistant U.S. Attorney Jessica A. Betley prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Great Falls Police Department and the Cascade County Sheriff’s Office.
This case is part of Project Guardian, a Department of Justice initiative launched in the fall of 2019 to reduce gun violence and enforce federal firearms laws. Through Project Guardian, the U.S. Attorney’s Office in the District of Montana is working to enhance coordination of its federal, state, tribal and local law enforcement partners in investigating and prosecuting gun crimes. In addition, Project Guardian supports information sharing and taking action when individuals are denied a firearm purchase by the National Instant Criminal Background Check System for mental health reasons or because they are a prohibited person.
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Billings man sentenced to prison for illegal firearm possessionRead the Press Release
BILLINGS – A Billings man was sentenced today to 30 months in prison to be followed by three years of supervised release for selling a firearm while on state probation for previous felony convictions, Acting U.S. Attorney Leif M. Johnson said.
Wayne Jennings Cooper, 36, pleaded guilty on Jan. 26 to prohibited person in possession of a firearm.
U.S. District Judge Susan P. Watters presided.
In court documents filed in the case, the government alleged that on Dec. 19, 2019, Bureau of Alcohol, Tobacco, Firearms and Explosives agents learned from a confidential informant that Cooper wanted to sell firearms and drugs. An investigation determined that Cooper had previous felony convictions that prohibited him from possessing firearms and that he was on state probation. During a controlled purchase set up by the agents, Cooper sold an individual a .380 caliber, semi-automatic pistol along with a loaded magazine. Cooper also provided the individual with what was purported to be five grams of methamphetamine but turned out to be a cutting agent.
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 Guardian, a Department of Justice initiative launched in the fall of 2019 to reduce gun violence and enforce federal firearms laws. Through Project Guardian, the U.S. Attorney’s Office in the District of Montana is working to enhance coordination of its federal, state, tribal and local law enforcement partners in investigating and prosecuting gun crimes. In addition, Project Guardian supports information sharing and taking action when individuals are denied a firearm purchase by the National Instant Criminal Background Check System for mental health reasons or because they are a prohibited person.
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Billings man sentenced to 10 years in prison for trafficking methamphetamine, heroin from Laurel machine shopRead the Press Release
BILLINGS – A Billings man who admitted to trafficking methamphetamine and heroin from a machine shop in Laurel was sentenced today to 10 years in prison and to five years of supervised release, Acting U.S. Attorney Leif M. Johnson said.
Anthony Scott Walter, 40, pleaded guilty on Nov. 17, 2020 to possession with intent to distribute controlled substances.
U.S. District Judge Dana L. Christensen presided.
In court documents, the government alleged that in July 2019, law enforcement agents met with a source of information who reported that Walter, and co-defendant, Lisa Emmett, were selling heroin and meth out of a machine shop in Laurel. Agents conducted a series of controlled buys of meth and heroin from Walter using a confidential source. In August 2019, law enforcement intercepted a package destined for Walter’s business address, obtained a search warrant and found 465.1 grams of meth, which is about one pound, and 61.1 grams of heroin, similar to “China white.” Lab testing determined the meth was 99 percent pure and that the substance identified as China white was determined to be 51. 6 grams of fentanyl. Agents made a controlled delivery of the package, and Walter took possession of it. Emmett pleaded guilty in the case and is pending sentencing.
Assistant U.S. Attorney Julie R. Patten prosecuted the case, which was investigated by the Drug Enforcement Administration and 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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Methamphetamine and heroin trafficking send Great Falls woman to prisonRead the Press Release
GREAT FALLS – A Great Falls woman who admitted to dealing methamphetamine and heroin from a gas station and casino was sentenced today to 52 months in prison and to four years of supervised release, Acting U.S. Attorney Leif M. Johnson said.
Katrina Marie Bennett, 36, pleaded guilty on March 17 to possession with intent to distribute controlled substances.
Chief U.S. District Judge Brian M. Morris presided. Bennett was detained.
In court documents filed in the case, the government alleged that in the summer of 2019, law enforcement began receiving information that Bennett was trafficking meth and heroin in Great Falls. Investigators learned that Bennett was dealing drugs out of a gas station and used the casino as her office to conduct drug deals. Law enforcement made a series of undercover meth buys from Bennett and knew that she frequently traveled to Butte to engage in drug activities. In May 2020, law enforcement stopped Bennett’s car as she left Butte and searched it pursuant to a warrant. Bennett told officers she had returned from California the day before with a pound of meth, had already sold about seven ounces of meth in Butte and that another person had taken the other half-pound to Great Falls. Agents found meth and heroin during the search of the car.
Assistant U.S. Attorney Jessica A. Betley prosecuted the case, which was investigated by the Drug Enforcement Administration, Great Falls Police Department and Russell Country Drug 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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Man admits assaulting dating partner on Fort Belknap Indian ReservationRead the Press Release
GREAT FALLS – A man accused of beating his dating partner on the Fort Belknap Indian Reservation and causing her substantial injuries admitted to an assault charge today, Acting U.S. Attorney Leif M. Johnson said.
Gordon Andrew Messerly, Jr., 42, address unknown, pleaded guilty to assault resulting in substantial bodily injury. Messerly faces a maximum of five years in prison, a $250,000 fine and three years of supervised release.
Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris set sentencing for Oct. 7. Messerly was detained pending further proceedings.
The government alleged in court documents that on Dec. 27, 2019 on the Fort Belknap Indian Reservation, Messerly assaulted his dating partner, identified as Jane Doe, by striking her in the head. Doe was treated for injuries at the hospital.
Assistant U.S. Attorney Jared C. Cobell is prosecuting the case, which was investigated by the FBI and Fort Belknap Law Enforcement.
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Infant assault sends Wolf Point man to prison for 40 monthsRead the Press Release
GREAT FALLS — A Wolf Point man who admitted to seriously injuring an infant on the Fort Peck Indian Reservation was sentenced today to 40 months in prison followed by three years of supervised release, Acting U.S. Attorney Leif M. Johnson said.
Charles Connor Clark, 27, pleaded guilty on Feb. 17 to assault resulting in serious bodily injury as charged in a superseding information.
Chief U.S. District Judge Brian M. Morris presided. Clark was detained.
In court documents filed in the case, the government alleged that in November 2017, the FBI was notified that an infant, identified as John Doe, had been flown from Wolf Point, on the Fort Peck Indian Reservation, to a hospital in Billings. The victim appeared to have suffered life-threatening, non-accidental injuries. Doctors informed agents that John Doe’s injuries were classic signs of physical abuse. When interviewed, the victim’s mother said Clark had told her the victim had vomited, that he was trying to burp him and that the victim had choked.
Assistant U.S. Attorney Lori H. Suek prosecuted the case, which was investigated by the FBI and Fort Peck Tribal Law Enforcement.
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Billings man sentenced to 14 years in prison for receiving child pornography in coercion and enticement of minors caseRead the Press Release
BILLINGS — A Billings man was sentenced today to 14 years in prison followed by 12 years of supervised release after he admitted to receiving child pornography as part of scheme to coerce and entice minors to engage in sexually explicit activity, Acting U.S. Attorney Leif M. Johnson said.
Brandon Frank Stricker, 48, pleaded guilty on Feb. 11 to receipt of child pornography as charged in Count V of a superseding indictment, pursuant to a plea agreement.
U.S. District Judge Dana L. Christensen presided. Judge Christensen further ordered Stricker to register as a sex offender, pay a $5,000 assessment under the Justice for Victims of Trafficking Act, and pay $619 restitution. Stricker was remanded into custody.
“This case shocks the conscience, and the sentence here was well deserved. We have to do everything we can to protect minors from this sort of abuse and predatory conduct and we will continue to do so,” Acting U.S. Attorney Johnson said.
In court documents and in statements made in court, the government alleged that for almost a two-year period, from about June 2018 to May 2020, Stricker engaged in a pattern of exploitative and criminal conduct with numerous minors in the Billings community. The government alleged Stricker coerced and enticed multiple victims for the purpose of engaging in sexual relations with them and to produce sexually explicit material.
The government further alleged that Stricker received child pornography after meeting Jane Doe 1, a 14-year-old female, and communicating with her online. Jane Doe informed Stricker of her age. On August 11, 2018, Jane Doe 1 sent Stricker two videos via Facebook. One video depicted Jane Doe 1 engaged in sexually explicit conduct by herself, and the second video depicted Jane Doe 1 and another minor female engaged in sexually explicit conduct. Stricker expressed his approval of the videos to Jane Doe 1.
Assistant U.S. Attorneys Zeno B. Baucus and Karla E. Painter prosecuted the case, which was investigated by the FBI, Montana Division of Criminal Investigation, Montana Probation and Parole and Billings Police Department.
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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Hardin man sentenced to seven years in prison for raping woman on Crow Indian ReservationRead the Press Release
BILLINGS – A Hardin man who admitted to raping a woman on the Crow Indian Reservation after meeting her in a Hardin casino was sentenced today to seven years in prison followed by a lifetime of supervised release, Acting U.S. Attorney Leif M. Johnson said today.
Elmer Burpee Yarlott II, 66, pleaded guilty on Feb. 9 to aggravated sexual abuse.
U.S. District Judge Dana L. Christensen presided. Yarlott was detained.
In court documents filed in the case, the prosecution alleged that on Nov. 19, 2019 in Hardin, Yarlott approached the victim in a casino and offered her a dollar if she would leave with him and his friend. After midnight, the victim left with Yarlott and his friend and they drove to the Crow Indian Reservation. Yarlott dropped off his friend and then drove with the victim to a remote area to drink alcohol and use methamphetamine. When the victim declined Yarlott’s repeated requests for sex, Yarlott threatened to kill the victim and then raped her.
Assistant U.S. Attorney Lori H. Suek 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 Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on June 8 was:
Gregg Lawrence Haywood, Sr., 53, of Billings, on charges of prohibited person in possession of a firearm. If convicted of the most serious crime, Haywood faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Haywood was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 21-40.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on June 8 was:
Duane Mittens, Jr., 29, of Browning, on charges of possession with intent to distribute methamphetamine. If convicted of the most serious crime, Mittens faces a maximum of 20 years in prison, a $1 million fine and three years of supervised release. Mittens was released pending further proceedings. The FBI and Blackfeet Law Enforcement Services investigated the case. PACER case reference. 21-40.
Appearing on June 10 was:
Larry Albert Bernard, 37, of Box Elder, on charges of conspiracy to possess with intent to distribute controlled substances, possession with intent to distribute controlled substances and maintaining drug-involved premises. If convicted of the most serious crime, Bernard faces a maximum of 20 years in prison, a $1 million fine and three years of supervised release. Bernard was released pending further proceedings. The FBI and Tri Agency Task Force investigated the case. PACER case reference. 21-36.
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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