District of Montana
Press releases recorded for this federal judicial district.
Wolf Point man admits sexually abusing minorRead the Press Release
GREAT FALLS — A Wolf Point man today admitted charges that he sexually abused a minor on the Fort Peck Indian Reservation, Acting U.S. Attorney Leif Johnson said.
Christopher George Follette, 33, pleaded guilty to sexual abuse of a minor as charged in an indictment. Follette faces a maximum 15 years in prison, a $250,000 fine and five years of supervised release.
Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris set sentencing for May 27 and ordered Follette detained.
The prosecution said in court documents that in 2019 and 2020, Follette sexually abused a minor, identified as Jane Doe, who was between the ages of 12 and 16, on the Fort Peck Indian Reservation.
Assistant U.S. Attorney Jared Cobell is prosecuting the case, which was investigated by the FBI, Fort Peck Law Enforcement Services and Wolf Point Police Department.
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Wolf Point women sentenced to prison for hotel robbery, assaultRead the Press Release
GREAT FALLS – A Wolf Point woman who admitted entering a hotel and beating up the desk clerk during a robbery was sentenced on Thursday to 30 months in prison and to two years of supervised release, Acting U.S. Attorney Leif Johnson said today.
Jalissa Haley Fern Spotted Bird, 32, pleaded guilty on Oct. 15, 2020 to robbery.
Chief U.S. District Judge Brian M. Morris presided. Spotted Bird was detained.
The prosecution said in court documents that on September 15, 2019, at about 5:45 a.m., Spotted Bird and another individual entered the Sherman Inn, in Wolf Point, on the Fort Peck Indian Reservation. Spotted Bird and the other individual walked behind the counter of the front desk and assaulted the desk clerk by hitting and kicking her, demanding money.
The assault and robbery by Spotted Bird and the other individual were captured on security camera footage. The other individual took the cash drawer and escaped the hotel, while Spotted Bird assaulted the hotel clerk. A hotel patron heard the commotion and stopped the assault.
Assistant U.S. Attorneys Ethan Plaut and Cassady Adams prosecuted the case, which was investigated by the Fort Peck Law Enforcement Services.
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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 Feb. 9 was:
Joshua Dean Fish, 27, of Helena, on charges of sexual exploitation of a child and receipt of child pornography. If convicted of the most serious crime, Fish faces 15 years to 40 years in prison, a $250,000 fine and five years to life of supervised release. Fish was detained pending further proceedings. The Homeland Security Investigations, FBI, Lewis and Clark County Sheriff’s Office, Internet Crimes Against Children Task Force and Gilbert (Arizona) Police Department investigated the case. PACER case reference. 21-1.
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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Belgrade man admits trafficking cocaineRead the Press Release
MISSOULA — A Belgrade man today admitted trafficking cocaine after the U.S. Postal Inspection Service intercepted a package containing six and one-half pounds of cocaine that was mailed to his former address, Acting U.S. Attorney Leif Johnson said.
Luis Alberto Rocha, 38, pleaded guilty to conspiracy to distribute cocaine. Rocha faces a minimum mandatory five years to 40 years in prison, a $5 million fine and four years of supervised release.
U.S. Magistrate Judge Kathleen L. DeSoto presided. Sentencing was set for June 10. Rocha was detained.
The prosecution said in court documents that in September 2019, the Missouri River Drug Task Force in Bozeman received information from a confidential source that Rocha was involved in distributing drugs.
In April 2020, the U.S. Postal Inspection Service noticed packages scheduled for delivery to Rocha’s residence in Belgrade and his former residence in Bozeman, which he rented to several employees of his construction company. The inspector learned that five packages had been sent to Rocha’s residence from California since July 2019, six packages had been sent from Texas, and three packages had been sent from Arizona.
On July 16, 2020, the inspector searched a package addressed to Rocha pursuant to a federal warrant. The package, heat-sealed in plastic wrapping, contained U. S. currency and had “27K” written on the wrapping. The agents returned the money to the parcel and delivered it in the normal course. Two days later, another package was sent to Rocha’s residence from an address in Nebraska. That package, also searched pursuant to a warrant, contained $62,000 in U.S. currency. Rocha personally picked up the package from the Belgrade post office.
On August 17, 2020, another package was sent to Rocha’s former address in Bozeman. Pursuant to a warrant, the package was searched and found to contain 2,981 grams of cocaine, which is about six and one-half pounds. The delivery of the package was delayed due to the ongoing investigation, and agents learned someone checked on the status of the package more than 300 times from an IP address that is registered to Rocha.
Assistant U.S. Attorney Tim Racicot is prosecuting the case, which was investigated by the FBI, Missouri River Drug Task Force and U.S. Postal Inspection Service.
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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Browning man sentenced to prison for sexually abusing minor girlRead the Press Release
GREAT FALLS – A Browning man convicted by a federal judge of sexually abusing a minor girl on the Blackfeet Indian Reservation was sentenced today to four years in prison and to six years of supervised release, Acting U.S. Attorney Leif Johnson said.
After a one-day bench trial, Chief U.S. District Judge Brian M. Morris found Justin Zane Gobert, 38, guilty on Sept. 22, 2020 of abusive sexual contact. Chief Judge Morris allowed Gobert to self-surrender.
The prosecution said in court documents filed in the case that Gobert sexually abused a minor girl, who was under the age of 12, in June 2017. The abuse occurred in a residence on the Blackfeet Indian Reservation.
Assistant U.S. Attorney Kalah Paisley prosecuted the case, which was investigated by the FBI and Blackfeet Law Enforcement Services
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Billings man admits receiving child pornographyRead the Press Release
BILLINGS — A Billings man accused of knowingly receiving and approving of sexually explicit videos from a minor female on Wednesday admitted to receiving child pornography, Acting U.S Attorney Leif Johnson said today.
Brandon Frank Stricker, 47, pleaded guilty to receipt of child pornography. Stricker faces a minimum mandatory five years to 20 years in prison, a $250,000 fine, and five years to life of supervised release. Under the terms of a plea agreement, if accepted by the Court, Stricker will be sentenced to between seven years and 20 years in prison.
U.S. Magistrate Judge Timothy J. Cavan presided. Stricker was released pending sentencing, which was set for June 16 before U.S. District Judge Dana L. Christensen.
In court documents filed in the case, the prosecution said that in June 2018 Stricker met Jane Doe 1, a 14-year-old female. Stricker communicated online with Jane Doe 1, including via Facebook Messenger. In a June 2018 message, Jane Doe 1 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 reflected 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 Baucus and Karla Painter are prosecuting the case, which was investigated by 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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Billings man admits cocaine, ecstasy trafficking and firearm brandishing crimesRead the Press Release
BILLINGS—A Billings man indicted in a sex and drug trafficking investigation today admitted to conspiracy and firearms crimes stemming from an ecstasy transaction that went bad, Acting U.S. Attorney Leif Johnson said.
Djavon Lamont King, 30, pleaded guilty to conspiracy to possess with intent to distribute cocaine and ecstasy and to possession of and brandishing a firearm in furtherance of a drug trafficking crime. Pursuant to a plea agreement, King pleaded guilty to charges in a superseding information. King initially was indicted on multiple counts stemming from an investigation into sex trafficking, drug trafficking and firearms crimes. King faces a maximum 20 years in prison, a $1 million fine, and three years of supervised release on the drug count, and a mandatory minimum consecutive seven years in prison on the firearms count.
U.S. District Judge Susan P. Watters presided. Judge Watters set sentencing for June 28 and continued King’s detention.
In court documents filed in the case, the prosecution said that in 2019, King, a co-defendant, Mario Drake, and others engaged in a conspiracy to distribute illegal narcotics, including cocaine and ecstasy. Multiple witness interviews and social media messages involved King, Drake, and others in this conspiracy. Drake has pleaded not guilty to charges.
On April 24, 2019, two individuals attempted to distribute some of the ecstasy related to the conspiracy. The transaction, which involved a buyer, was set to occur at a motel in Billings. However, at the meeting a struggle ensued, and the buyer assaulted one of the individuals and left the scene. Following this incident, the individual informed King and Drake what had occurred at the motel. In response, on April 29, 2019, King, Drake, and others, arranged a meeting with the buyer, during which they assaulted that individual while holding firearms.
Multiple witness informed law enforcement of this confrontation, including the buyer, who stated that this confrontation related to the sale of illegal narcotics. In the weeks following the April 29, 2019, incident, King and others informed the two individuals who had gone to the drug deal, that they retaliated against the buyer in response to the failed drug transaction at the motel.
Assistant U.S. Attorneys Zeno Baucus and Bryan Dake are prosecuting the case, which was investigated by the FBI.
This case is part of Project Guardian, the U.S. Department of Justice’s recent initiative to reduce gun violence and enforce federal firearms laws, and Project Safe Neighborhoods, the USDOJ’s initiative to reduce violent crime. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 48% from 2013 through 2019. Through these initiatives, 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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Hardin man admits raping woman on Crow Indian ReservationRead the Press Release
BILLINGS – A Hardin man on Tuesday admitted raping a woman he met at a casino and took to the Crow Indian Reservation, Acting U.S. Attorney Leif M. Johnson said today.
Elmer Burpee Yarlott II, 65, pleaded guilty to aggravated sexual abuse. Yarlott faces a maximum of life in prison, a $250,000 fine and five years to a lifetime of supervised release.
U.S. Magistrate Judge Timothy J. Cavan presided. Yarlott was detained pending further proceedings. A sentencing date will be set.
In court documents filed in the case, the prosecution said 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 on the reservation 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 Suek is prosecuting the case, which was investigated by the FBI.
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East Helena man sentenced to prison for meth traffickingRead the Press Release
GREAT FALLS — A East Helena man who admitted trafficking methamphetamine was sentenced today to 76 months in prison and five years of supervised release, Acting U.S. Attorney Leif Johnson said.
Casey Robin Kazimi, 27, pleaded guilty on Oct. 14, 2020 to possession with intent to distribute meth.
Chief U.S. District Judge Brian M. Morris presided.
The prosecution said in court document that on Sept. 3, 2019, Kazimi possessed three firearms and 17.25 grams of meth in East Helena.
The Lewis and Clark County Sheriff’s Office deputies contacted Kazimi during the end of a call of a person going through vehicles. Other civilians pointed Kazimi out to the deputies. Kazimi lied to the deputies, fled on foot, and threw a handgun behind a tree at Radley Elementary School before he was apprehended. At the time, Kazimi was on state supervision. During a probation search of his car, officers found two additional firearms and methamphetamine. They also found small plastic bags for repackaging and distribution of the methamphetamine and a digital scale. A Drug Enforcement Administration lab determined the meth was 98 percent pure.
The case was investigated by the Lewis and Clark County Sheriff’s Office and Montana Department of Corrections’ Probation and Parole and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case is part of Project Guardian, the U.S. Department of Justice’s recent initiative to reduce gun violence and enforce federal firearms laws, and Project Safe Neighborhoods, the USDOJ’s initiative to reduce violent crime. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 48% from 2013 through 2019. Through these initiatives, 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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Theft of 27 firearms in business burglary sends Great Falls man to prison for more than six yearsRead the Press Release
GREAT FALLS–A Great Falls man who admitted breaking into an outfitting business and stealing 27 firearms was sentenced today to six years and three months in prison and to three years of supervised release, Acting U.S. Attorney Leif Johnson said.
Carlyle Ray Wells, 25, pleaded guilty on Oct. 8, 2020 to theft of a firearm from a federal firearms licensee.
Chief U.S. District Judge Brian M. Morris presided. Wells was detained.
In court documents filed in the case, the prosecution said that on Nov. 30, 2019, Great Falls Police officers responded to a burglary alarm at North 40 Outfitters. Officers saw that a gun display case had been smashed and guns appeared to be missing.
Security footage at the business showed a small pickup truck had parked outside, just prior to the alarm. One individual exited the truck, forcefully entered the store, broke the gun case, took firearms and fled.
Officers identified the vehicle as a stolen Ford Ranger and located it near Wells' residence. Security footage showed an individual, whose clothing and physical description aligned with the North 40 burglar, walk toward Wells' residence carrying a large bag. During a search of Wells' residence, law enforcement recovered 16 firearms, 15 of which were stolen from North 40. Home surveillance video obtained through a search warrant showed that Wells entered the residence shortly after the burglary carrying a large bag with a rifle and price tag sticking out.
An audit showed that 27 firearms were stolen in the North 40 burglary. Eleven of the stolen firearms, including and AR-15 style assault rifle, remain at large.
Assistant U.S. Attorney Ethan Plaut prosecuted case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, FBI, Great Falls Police Department and the Russell Country Drug Task Force.
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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Former executive director of Montana Native Women’s Coalition admits stealing federal fundsRead the Press Release
BILLINGS — The former executive director of the Montana Native Women’s Coalition today admitted stealing federal funds for an unapproved trip to Las Vegas, Nevada, Acting U.S. Attorney Leif Johnson said.
Sheryl Lynn Lawrence, 44, of Colstrip, pleaded guilty to theft of federal funds. Lawrence was the executive director of the Montana Native Women’s Coalition. Lawrence faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release.
U.S. District Judge Susan P. Watters presided. Judge Watters continued Lawrence’s release pending further proceedings. Sentencing was set for June 3.
The prosecution said in court documents 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.
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 than if driving. Lawrence spent money on a trip to Las Vegas, which was never approved by the OVW, nor would it ever have been approved.
Lawrence's actions intentionally deprived OVW from using the federal funds for their intended purpose to help Native American victims of domestic and sexual violence.
Lawrence’s co-defendant, Barbara Mary Daychief of Browning, pleaded guilty to theft of federal funds on Jan. 22, 2021 and is pending sentencing. A third co-defendant, Meredith McConnell of Colstrip, has pleaded not guilty to charges.
Assistant U.S. Attorneys Ryan Weldon and Bryan Dake are prosecuting the case, which was investigated by the Department of Justice’s Office of the Inspector General.
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Browning man admits distributing methamphetamineRead the Press Release
GREAT FALLS — A Browning man today admitted he distributed methamphetamine on the Blackfeet Indian Reservation, Acting U.S. Attorney Leif Johnson said.
Dakoda Blu Wade Iron Shirt, 28, pleaded guilty to distribution of meth. Iron Shirt faces a minimum mandatory five years to 40 years in prison, a $5 million fine and at least four years of supervised release.
Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris ordered Iron Shirt detained pending further proceedings. Sentencing is set for May 12.
The prosecution said in court records filed in the case that on Aug. 6, 2019, a confidential source working with the Drug Enforcement Administration and FBI made a controlled purchase of meth from Iron Shirt. The transaction occurred in a parking lot in Browning. Iron Shirt sold the confidential source approximately 14 grams of meth for $600. Additional witnesses interviewed by the FBI identified Iron Shirt as a meth distributor on the Blackfeet Indian Reservation.
Assistant U.S. Attorney Ethan Plaut is prosecuting the case, which was investigated by the DEA, FBI Big Sky Safe Trails Task Force and Cut Bank Police Department.
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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Billings man who sold 11 stolen firearms to undercover agent sentenced to prisonRead the Press Release
BILLINGS — A Billings man who admitted selling 11 firearms he stole from a residence to an undercover agent was sentenced today to 37 months in prison and to three years of supervised release, Acting U.S. Attorney Leif Johnson said.
Rodrigo Gomez, 20, pleaded guilty on Sept. 9, 2020 to possession of stolen firearms.
U.S. District Judge Susan P. Watters presided. Judge Watters also ordered $26,470 restitution to be paid jointly and severally with a co-defendant. Gomez was detained.
The prosecution said in court documents that an undercover agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives met with Gomez and a co-defendant, Maliyah Jae Chavez, on Feb. 24, 2020 to buy 11 stolen firearms. The defendants told the agent the firearms were stolen from a residence. The guns were in a safe inside of a garage. The agent paid the defendants for the stolen firearms, which the ATF confirmed had been reported as stolen on Feb. 21, 2020. Gomez admitted to stealing the firearms and selling them.
Chavez pleaded guilty in the case and was sentenced to three years in prison.
Assistant U.S. Attorney Tom Godfrey prosecuted the case, which was investigated by the ATF.
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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Worden couple admit meth trafficking crimesRead the Press Release
BILLINGS —A Worden couple admitted methamphetamine trafficking charges after drug task force investigators found 10 pounds of meth in their vehicle, Acting U.S. Attorney Leif Johnson said.
Lisa Marie Fish, 39, pleaded guilty today to conspiracy to possess with intent to distribute meth. Fish’s husband, Bo Bryan Fish, 40, pleaded guilty on Jan. 27 to possession with intent to distribute meth. Each faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release.
U.S. District Judge Susan P. Watters presided. Lisa Fish was released pending further proceedings. A sentencing date was set for June 16.
U.S. Magistrate Judge Timothy J. Cavan presided at the hearing for Bo Fish. Bo Fish was detained pending further proceedings. A sentencing date has not yet been set.
The prosecution said in court documents filed in the case that between January and March 2020, the Eastern Montana High Intensity Drug Task Force began investigating Bo and Lisa Fish for involvement in drug trafficking.
Cooperating witnesses told investigators that both defendants were involved in meth trafficking and that Bo 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 in which a truck occupied by both defendants was pulled over near Worden. Lisa Fish refused to make a statement. Bo Fish told investigators there were about 10 pounds of meth in the back seat of the truck and admitted to acquiring the 10 pounds 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 the couple’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.
While Lisa Fish did not handle the meth, she furthered the conspiracy by setting up drug deals by telephone and text message so Bo Fish could later deliver meth these people, travelling with Bo Fish to pickup meth from out of state and depositing proceeds from meth sales into bank accounts so that she and Bo Fish could access the funds.
Assistant U.S. Attorney Colin Rubich is prosecuting 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. 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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Receiving, distributing child pornography sends Great Falls man to prisonRead the Press Release
GREAT FALLS — A Great Falls man who admitted downloading and sharing child pornography with his cell phone was sentenced today to eight years and six months in prison and to five years of supervised release, Acting U.S. Attorney Leif Johnson said.
Derek Wallace Johnson, 41, pleaded guilty on Sept. 23, 2020 to distribution of child pornography and receipt of child pornography.
Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris ordered Johnson to pay $12,000 restitution and continued Johnson’s detention.
The prosecution said in court documents that in October 2019, Homeland Security Investigations in Great Falls received information that a suspect had uploaded possible child pornography in April 2019. An investigation determined that the uploaded image depicted a child engaged in sexually explicit conduct and led to Johnson as the suspect. Investigators served a search warrant on Johnson's residence. Johnson, who was present for the search, told officers he had lost his cell phone a few days earlier, but an agent found it hidden between the box spring and mattress in Johnson's bedroom.
After initially being untruthful, Johnson admitted he had participated in online activity involving child pornography and admitted to hiding his phone. He also said he had about 1,000 videos and images of child pornography in an encrypted app on his phone. Johnson told officers he downloaded child pornography in Kik chat rooms and shared files with others seeking images in chat rooms.
Agents searched Johnson's phone and determined it contained almost 2,700 image files and more than 500 video files of child pornography. Johnson distributed child pornography in April 2019 and had downloaded or received child pornography from December 2016 to November 2019.
Assistant U.S. Attorney Cyndee Peterson prosecuted the case, which was investigated by the Montana Internet Crimes Against Children Task Force, Homeland Security Investigations and the Great Falls 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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Bozeman doctor sentenced, fined $150,000 for illegal drug dispensing at weight loss clinicsRead the Press Release
BILLINGS — A Bozeman doctor who admitted illegally dispensing appetite suppressants without seeing clients at clinics in Bozeman and Billings was sentenced today to three years of probation and fined $150,000, Acting U.S. Attorney Leif Johnson said.
Dr. Ronald M. Buss, 71, pleaded guilty on Oct. 1, 2020 to an information charging him with two counts of unlawful dispensing and distribution of controlled substances by registrant, a misdemeanor.
U.S. Magistrate Judge Timothy J. Cavan presided. Judge Cavan further prohibited Dr. Buss from personally dispensing or prescribing three weight loss drugs involved in the case for the duration of his probation.
Court documents filed by the prosecution said that in 2009, Buss became the medical director for Go Figure, a weight loss clinic in Bozeman, and a year later became the director for Go Figure in Billings. Buss is registered with the Drug Enforcement Administration and is authorized to dispense controlled substances.
Go Figure prescribed three types of weight loss drugs: Phendimetrazine and Benzphetamine, both Schedule III controlled substances, and Phentermine, a Schedule IV controlled substance.
In August 2016, the Billings DEA received information from a pharmacist that Go Figure was illegally dispensing these appetite suppressants from its clinic. In July 2016, Buss began pre-signing prescriptions for Go Figure staff to complete. An employee at the Billings clinic told investigators Buss pre-signed prescriptions for new and current clients, and that staff would choose one of the three drugs and complete the written prescription.
At the Bozeman clinic an employee told law enforcement that she was a "consultant" who met with patients and prescribed controlled substances on blank, pre-signed prescriptions from Buss. Patients confirmed to DEA investigators that they rarely, if ever, met with Buss.
When interviewed, Buss admitted to investigators to pre-signing blank prescriptions and not seeing patients until after they started taking the drugs. Buss claimed that was only way to run the practice effectively.
Assistant U.S. Attorney Karla Painter prosecuted the case, which was investigated by the Drug Enforcement Administration.
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Wyoming man sentenced to prison for harassing, stalking Laurel woman in violation of protective orderRead the Press Release
BILLINGS — A Cody, Wyoming, man who admitted violating a protective order by stalking and harassing a Laurel woman and her family was sentenced today to 37 months in prison, three years of supervised release and ordered to pay $3,600 in restitution, Acting U.S. Attorney Leif Johnson said.
Donald Raymond Foote, Jr, 50, pleaded guilty on June 16, 2020 to interstate violation of a protective order.
U.S. District Judge Susan P. Watters presided. Judge Watters ordered Foote detained.
The prosecution said in court documents that in August 2017, the victim, identified as Jane Doe 1, began living on Foote’s property and that Foote became infatuated with her. Jane Doe 1 moved to the Laurel area in November 2017 and Foote continued to maintain contact with her. The relationship between Foote and Jane Doe 1 deteriorated. Foote began contacting the victim on a repeated basis by phone, text and through social media, and he continued to contact Jane Doe 1’s family and friends.
After an incident in August 2018, Jane Doe 1 obtained a temporary restraining order against Foote from Billings Municipal Court. In October 2018, the court issued a permanent order of protection, prohibiting Foote from threatening or committing acts of violence, harassing, annoying, disturbing the peace or communicating, directly or indirectly, with Jane Doe 1, and with two other victims. The order also required Foote to stay 1,500 feet from the victims as well as their residences, jobs and vehicles.
In December 2018, Foote’s vehicle was observed outside of Jane Doe 1’s residence. Law enforcement arrived and found Foote nearby. Foote claimed he had traveled to Billings from Cody to buy materials for his construction business and did not know where Jane Doe 1 lived. In subsequent searches of Foote’s vehicle and residence, law enforcement found multiple electronic devices and photographs of Jane Doe 1 and other victims. Evidence from the devices linked Foote to a fake “private investigator” Facebook page he used to contact Jane Doe 1 as well as several internet searches for the victim’s residence in Montana.
Law enforcement’s investigation found that Foote used multiple aliases designed to conceal his tracks and that he made more than 1,500 calls to Jane Doe 1 in the Fall of 2018.
Assistant U.S. Attorneys Zeno Baucus and Bryan Dake prosecuted the case, which was investigated by the FBI, Billings Police Department, Laurel Police Department and Yellowstone County Sheriff’s Office.
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Lame Deer man admits assaulting womanRead the Press Release
BILLINGS — A Lame Deer man on Jan. 28 admitted to assaulting a woman on the Northern Cheyenne Indian Reservation, Acting U.S. Attorney Leif Johnson said today.
Darrell Dean Fisher, 36, pleaded guilty to assault resulting in substantial bodily injury. Fisher faces a maximum five years in prison, a $250,000 fine and three years of supervised release.
U.S. Magistrate Judge Timothy J. Cavan presided. Fisher was released pending further proceedings. A sentencing date has not yet been set.
In court documents filed in the case, the prosecution said 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 Dake is prosecuting the case, which was investigated by the FBI.
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Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Jan. 26 was:
Elijah James Rideshorse, 30, of Billings on charges of conspiracy to distribute and possession with intent to distribute methamphetamine, possession with intent to distribute meth and felon in possession of a firearm. If convicted of the most serious crime, Rideshorse faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. Rideshorse was detained pending further proceedings. The FBI, Bureau of Alcohol, Tobacco, Firearms and Explosives, Billings Police Department, Montana Highway Patrol, Blackfeet Law Enforcement Services, Glacier County Sheriff’s Office and Cut Bank Police Department investigated the case.
PACER case reference. 20-87.
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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Three men suspected in illegal border crossing near Eureka appear in courtRead the Press Release
MISSOULA – Three men suspected in an illegal border crossing into Montana near Eureka and arrested after a high-speed pursuit had initial appearances today on criminal complaints, Acting U.S. Attorney Leif Johnson said.
Criminal complaints filed in the case allege immigration crimes against Christopher White, 41, of Jamaica; Rastesfaye Alpha Neil, 39, of Washington, D.C.; and Afrah Ahmed Abdi, 32, of Virginia.
The complaints accuse White of being an alien in the United States after deportation, Neil of transporting certain aliens and Abdi of improper entry by alien.
A criminal complaint is only an accusation, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt.
U.S. Magistrate Judge John T. Johnston presided. All defendants were detained pending further proceedings.
According to the criminal complaints and affidavits filed in support of the complaints, on Jan. 23 at about 8:55 a.m., the Spokane Sector Border Patrol Dispatch received information that three subjects dressed in camouflage and dark clothing and carrying black backpacks were crossing the border from Canada into the United States near the area of West Kootenai, Montana.
Border Patrol agents located a Nissan Sentra on West Kootenai road leaving the area where the three subjects had crossed into the United States. The agents attempted to conduct a vehicle stop, and the Nissan eventually pulled to the side of the road. As agents approached the vehicle on foot, the Nissan sped away and headed southeast on Highway 93. Law enforcement ultimately deployed a vehicle immobilization device on the Nissan, and it came to a stop down a small embankment off the highway near Whitefish, Montana. Law enforcement arrested the occupants.
Assistant U.S. Attorney Paulette Stewart is prosecuting the case, which was investigated by the Border Patrol, Flathead County Sheriff’s Office, Montana Highway Patrol and Lincoln County Sheriff’s Office.
PACER case reference. MJ-21-12, MJ-21-13 and MJ-21-15.
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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Jury convicts Wolf Point man of rape, assault of woman on Fort Peck Indian ReservationRead the Press Release
GREAT FALLS — A federal jury today convicted a Wolf Point man of raping and assaulting a woman near Poplar on the Fort Peck Indian Reservation in 2017, Acting U.S. Attorney Leif Johnson said.
The jury found Luke John Scott, Sr., 33, guilty of aggravated sexual abuse and of assault by striking, beating or wounding, a misdemeanor. The three-day trial began on Jan. 26.
Scott faces a maximum of life in prison, a $250,000 fine and five years of supervised release.
Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris set sentencing for March 24. Scott was detained.
Scott also is pending sentencing on March 24 in a separate case for assault resulting in serious bodily injury and felony child abuse. A federal jury convicted Scott of those crimes on Nov. 19, 2020.
“Mr. Scott poses a clear danger to women in the community. Violence, including sexual violence, faced by Native American women must stop. We will prosecute those who prey on women to the full extent of the law. I want to thank Assistant U.S. Attorney Kalah Paisley, the FBI and Fort Peck Tribal Law Enforcement for investigating and prosecuting this case,” Acting U.S. Attorney Johnson said.
At trial, the prosecution presented evidence that on July 7, 2017, Scott approached the victim, identified as Jane Doe, on the street, told her he had a bottle of vodka and that a relative was fishing by the river. The victim went with Scott to the river, where he told her that another person had paid him to get rid of her. Scott tried to choked Jane Doe and then sexually assaulted her. Jane Doe reported the assault to law enforcement and was transported to the hospital in Poplar.
Assistant U.S. Attorney Kalah Paisley is prosecuting the case, which was investigated by the FBI and Fort Peck Tribal Law Enforcement.
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Great Falls methamphetamine trafficker sentenced to 12 years in prisonRead the Press Release
GREAT FALLS — A Great Falls woman who admitted trafficking methamphetamine after law enforcement found five pounds of the drug and a gun in her vehicle was sentenced today to 12 years in prison and five years of supervised release, Acting U.S. Attorney Leif Johnson said.
Opal Inez Cox, 40, pleaded guilty on Oct. 6, 2020 to conspiracy to possess with intent to distribute meth and to possession of a firearm in furtherance of a drug trafficking crime.
Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris ordered Cox detained.
The prosecution said in court documents that law enforcement learned Cox was distributing meth in Montana and stopped her vehicle as she returned to the state from Las Vegas, Nevada, in December 2019. Law enforcement found about five pounds of meth and a 9mm pistol hidden together in the center console of the car. Five pounds of meth is the equivalent of 18,120 doses.
Assistant U.S. Attorney Ryan Weldon prosecuted the case, which was investigated by the Montana Division of Criminal Investigation, FBI, IRS and Drug Enforcement Administration.
This case is part of Project Guardian, the U.S. Department of Justice’s recent initiative to reduce gun violence and enforce federal firearms laws, and Project Safe Neighborhoods, the USDOJ’s initiative to reduce violent crime. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 48% from 2013 through 2019. Through these initiatives, 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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Butte felon sentenced to prison in firearms crimeRead the Press Release
GREAT FALLS — A Butte man having been convicted of a felony was sentenced today to 38 months in prison and three years of supervised release for illegally possessing a gun, Acting U.S. Attorney Leif Johnson said.
Joseph Alfred Edward Lytell Torres, 30, pleaded guilty on Oct. 1, 2020 to prohibited person in possession of a firearm.
Chief U.S. District Judge Brian M. Morris presided. Torres was detained.
In court documents filed by the prosecution, officers with Butte-Silver Bow Law Enforcement responded on May 12, 2020 to an area behind a Butte residence where a caller informed officers she had seen a male driving a motorcycle with a gun in his hand and heard a “pop, pop.” Officers found a vehicle with a flat tire in the area and two spent 9mm shell casings on the ground. Officers recovered bullet fragments in the wheel and on the ground. Officers contacted the owner of the vehicle, who said she was sitting in the vehicle when it was shot. The owner identified Torres as the shooter.
Law enforcement officers and Montana Probation and Parole officers located Torres two days later at his residence and arrested him. Officers search the garage and found a 9mm pistol under a stack of tires. At the time, Torres was a convicted felon on state supervision.
Assistant U.S. Attorney Paulette Stewart prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Butte-Silver Bow Law Enforcement and Montana Department of Corrections’ Probation and Parole.
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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Felon sentenced to prison for illegally possessing firearmRead the Press Release
HELENA — A man who admitted pawning a firearm after having been convicted of a felony was sentenced today to 26 months in prison and three years of supervised release, Acting U.S. Attorney Leif Johnson said.
Daniel Wayne Baker, 52, a transient, pleaded guilty on Sept. 22, 2020 to prohibited person in possession of a firearm.
U.S. District Judge Sam E. Haddon presided.
In court documents filed in the case, the prosecution said that on Dec. 2, 2019, Baker possessed and pawned a .357 revolver at a pawnshop in Helena. On Jan. 15, 2020, a woman from the Helena area reported Baker’s possession of the revolver to the Lewis and Clark County Sheriff’s Office because he still owed her money from the pawn of the firearm. A deputy confirmed with the Montana Department of Corrections that Baker was on state supervision for a 2013 felony conviction. Baker told law enforcement that he took the firearm from the woman because it caused her distress and acknowledged he could not possess firearms because he was a convicted felon.
Assistant U.S. Attorney Paulette Stewart prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Montana Department of Corrections’ Probation and Parole and the Lewis and Clark 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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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 Jan. 21 was:
Michael Cain Gibson, 36, of Billings, on charges of prohibited person in possession of a firearm. If convicted of the most serious crime, Gibson faces a maximum 10 years in prison, a $250,000 fine, and three years of supervised release. Gibson was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 20-90.
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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Illegal possession of firearm, home-made grenades sends Billings felon to prisonRead the Press Release
BILLINGS — A Billing man who admitted making grenades to blowup mailboxes and possessing a rifle after a felony conviction was sentenced today to five years and 10 months in prison and three years of supervised release, Acting U.S. Attorney Leif Johnson said.
Foster John Michael Witzel, 31, pleaded guilty on Sept. 1, 2020 to prohibited person in possession of a firearm and to possession of a destructive device.
U.S. District Judge Susan P. Watters presided.
The prosecution said in court documents that on Feb. 2, 2020, Witzel was peering into a Billings residence before a homeowner scared him off. Billings Police officers found Witzel nearby and in possession of improvised grenades. Witzel made statements that he had made the devices out of gunpowder and BB’s and that he was going to “blow up mailboxes and stuff.” Bureau of Alcohol, Tobacco, Firearms and Explosives agents determined the devices were grenades and that Witzel had not registered them in the National Firearm Registration and Transfer Record as required.
On June 15, 2020, Witzel was found asleep in a stolen car with an AR style rifle on his lap. Witzel was on probation at the time for a state felony conviction in Montana and was prohibited from possessing firearms.
Assistant U.S. Attorney Tom Godfrey 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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Former Rocky Mountain Bank loan officer sentenced to prison, fined for fraud, money laundering crimesRead the Press Release
BILLINGS – A former Rocky Mountain Bank loan officer who admitted to approving loans to a bank customer while at the same time profiting from private, undisclosed loans to the customer was sentenced today to one year and one day in prison followed by three years of supervised release and fined $50,000, Acting U.S. Attorney Leif Johnson said.
Stephen Phillip Casher, 47, pleaded guilty on June 24, 2020 to bank fraud and to money laundering. Casher was charged in a 14-count superseding indictment alleging bank fraud and related crimes. A jury trial began on June 22, 2020. The prosecution and Casher reached a plea agreement during trial.
U.S. District Judge Susan P. Watters presided. Judge Watters allowed Casher to self-report to prison.
The prosecution presented evidence that Casher worked as a market president for Rocky Mountain Bank (RMB) from about November 2011 until January 2017. During that time, Casher was one of the people responsible for approving bank loans to Larry Price, Jr. or one of Price's related companies. Casher, along with several private investors, also made large, private, high interest loans to Price. Though Casher helped approve many bank loans to Price, neither Casher nor Price disclosed the private loans to RMB. Casher never informed RMB that he had a conflict of interest that might impair his impartiality in reviewing loans involving Price.
In September 2014, RMB loaned H&P Investments $3.75 million. Price controlled H&P investments and acted as an unlimited guarantor of the loan. Casher was one of the bank officials who approved this loan and was responsible for collecting Price's personal financial statement and providing it to the bank. A few days before the bank loan, Casher, along with a private investor, privately loaned Price $900,000. The private loan was specifically concealed and omitted from the personal financial statement that Casher had arranged for Price to sign on the same day the private loan was executed, resulting in a false entry in RMB's books.
In June 2015, RMB loaned Seven Lands Holdings approximately $1.18 million. Price controlled Seven Lands Holdings and acted as a personal guarantor of the loan. Price used the loan to buy five houses and turn them into rental properties. In early 2015, several private investors associated with Casher loaned Price $1.5 million. Casher brokered this deal and eventually received $20,000 as a "thank you" from the private investors.
One of homes Seven Lands Holdings was buying belonged to Casher and, as a result, he was removed from RMB's chain of approval. Nevertheless, Casher provided lender information on the loan and was involved in preparing loan documents. Neither Casher nor Price informed RMB about the $1.5 million private loan before the bank loaned Seven Lands Holdings $1.18 million. RMB's entry misrepresented Price's net worth and liquidity. Casher personally profited from this RMB loan because he received a large portion of loan funds from the sale of his house.
Assistant U.S. Attorneys Colin Rubich, Zeno Baucus and Timothy Tatarka prosecuted the case, which was investigated by the FBI and the IRS.
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Ex-board member of Montana Native Women’s Coalition admits to theft of grant fundsRead the Press Release
BILLINGS –A former board member of the Montana Native Women’s Coalition admitted on Jan. 21 to stealing grant funds for unapproved travel to Las Vegas, Nevada, Acting U.S. Attorney Leif Johnson said today.
Barbara Mary Daychief, 43, of Browning, pleaded guilty to theft of federal funds. Daychief was a board member of the Montana Native Women’s Coalition. Daychief faces a maximum of 10 years in prison, a $250,000 fine, and three years of supervised release.
U.S. Magistrate Judge Timothy J. Cavan presided. Judge Cavan continued Daychief’s release pending further proceedings. A sentencing date has not yet been set.
The prosecution said in court documents 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.
While serving on the Coalition’s board, Daychief received travel advances for travel to various locations. In November of 2017, Daychief claimed $1,874.18 in travel money for a trip to Las Vegas, Nevada. All travel funds provided to Daychief were funds from OVW.
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. Because Daychief has kept the federal funds for approximately three years, her actions intentionally deprived OVW from using the federal funds for other desired purposes.
Assistant U.S. Attorneys Ryan Weldon and Bryan Dake are prosecuting the case, which was investigated by the Department of Justice’s Office of the Inspector General.
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Methamphetamine trafficking sends Box Elder man to prisonRead the Press Release
GREAT FALLS — A Box Elder man who admitted possessing methamphetamine for distribution after leading law enforcement officers on a high-speed chase on the Rocky Boy’s Indian Reservation was sentenced today to seven years and eight months in prison followed by five years of supervised release, Acting U.S. Attorney Leif Johnson said.
Kyle Frank Russette, 26, pleaded guilty on Sept. 24, 2020 to possession with intent to possess meth.
Chief U.S. District Judge Brian M. Morris presided.
In court documents filed in the case, the prosecution said that on Jan. 16, 2020, a Chippewa Cree Law Enforcement officer responded to a call to check on a vehicle that was parked and running outside of a residence. The officer found Russette asleep behind the wheel of a running pickup truck. Russette did not comply with directions to roll down his window or open his door, and a passenger exited the truck. While the officer returned to his vehicle to use the radio, Russette drove across a field and onto a road. Russette then led law enforcement on a high-speed pursuit, leaving the reservation and leading officers down snowy dirt roads. During the pursuit, an officer saw the driver’s door of the truck open and a handgun appear in the snow next to the vehicle. Russette eventually jumped from the vehicle as it careened into coulee and he was detained. He refused to provide his name, claimed to be someone else and had $668 in cash in a pocket.
Law enforcement recovered a 9mm loaded handgun from where Russette had thrown it from the truck. Officers executed a search warrant on the truck and found 164 grams of meth and a pistol. A confidential source identified Russette as a meth distributor on the reservation and had purchased the drug from Russette multiple times.
Assistant U.S. Attorney Ethan Plaut prosecuted the case, which was investigated by the FBI, Tri-Agency Drug Task Force and Chippewa Cree Law Enforcement Services.
This case is part of Project Guardian, the U.S. Department of Justice’s recent initiative to reduce gun violence and enforce federal firearms laws, and Project Safe Neighborhoods, the USDOJ’s initiative to reduce violent crime. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 48% from 2013 through 2019. Through these initiatives, 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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Manhattan man convicted of lying in attempted firearm purchase sentenced to prisonRead the Press Release
MISSOULA – A Manhattan man who was convicted at trial of providing false information on a form when trying to buy a firearm was sentenced today to 13 months in prison and three years of supervised release, Acting U.S. Attorney Leif Johnson said today.
U.S. District Judge Dana L. Christensen, on Oct. 1, 2020, found Joshua Rodney Meech, 29, guilty of false statement during a firearms transaction. The one-day bench trial was held on Sept. 28, 2020.
During the trial, the prosecution presented evidence that Meech attempted to buy a 9mm semi-automatic pistol from Bob Ward & Sons, Inc., in Bozeman on April 4, 2020. In court records filed in the case, the prosecution said Meech, while shopping for firearms at the store, completed a Firearms Transaction Report, known at ATF Form 4473, signed and dated the form and provided it to an employee for a background check. A few days later, Bob Ward's was notified that Meech's request had been denied.
Meech had checked a box on the form that he was not subject to a court order restraining him from harassing, stalking, or threatening his child, and intimate partner or the child of such a partner. On Jan. 10, 2020 the District Court in Gallatin County issued a temporary restraining order against Meech directing him not to commit any acts of violence or harass, threaten, abuse or stalk the petitioner, now his ex-wife, and three minor children. The parties agreed to a Stipulated Order of Protection, which was signed by Meech and his attorney, on Feb. 26, 2020. The Stipulated Order was to remain in effect until the parties mutually agreed to dissolve it or upon further order of the court. The Stipulated Order included the statement, "Federal law provides penalties for possessing, transporting, shipping or receiving any firearm or ammunition."
The Stipulated Order was terminated on May 20, 2020 by a motion from the petitioner.
Assistant U.S. Attorney Cyndee Peterson 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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Producing, possessing child pornography sends Glendive man to prison for 40 yearsRead the Press Release
BILLINGS — A Glendive man who admitted producing and possessing child pornography videos for years was sentenced today to 40 years in prison followed by supervised release for life, Acting U.S. Attorney Leif Johnson said.
Anthony Dwayne Boldt, 44, pleaded guilty on July 16, 2020 to production of child pornography and to possession of child pornography.
U.S. District Judge Susan P. Watters presided. Judge Watters also ordered $36,972 in restitution.
“Not only are vulnerable child victims harmed by the production of this explicit and unlawful material, they are harmed again and again and again when that material is shared, usually through the internet, and then possessed. This sentence sends a powerful message that those who commit these crimes will be prosecuted to the fullest extent of the law,” Acting U.S. Attorney Johnson said.
The prosecution said in court documents filed in the case that in January 2020, law enforcement received information that Boldt may have been videotaping sexual activity with a juvenile girl. Law enforcement also received digital storage cards from Boldt’s residence and files on the cards confirmed the reported activity.
Law enforcement served a search warrant on Bolt’s residence and seized multiple items of electronic media. A forensic analysis of the media found videos of Boldt and the victim engaging in sexually explicit conduct, in addition to videos of other victims, including prepubescent children, engaging in similar conduct. In an interview with law enforcement, the victim confirmed that she was the person depicted with Boldt in many of the videos and that Boldt had sexually assaulted her since about 2014.
Assistant U.S. Attorney Zeno Baucus prosecuted the case, which was investigated by 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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Lodge Grass man who strangled girlfriend sentenced to prisonRead the Press Release
BILLINGS — A Lodge Grass man who admitted strangling his girlfriend on the Crow Indian Reservation was sentenced today to 15 months in prison and three years of supervised release, Acting U.S. Attorney Leif Johnson said.
Augustus Christopher Wolfblack, also known as Augustus Christopher Flatmouth, 19, pleaded guilty to assault by strangulation of a dating partner on Aug. 11, 2020.
U.S. District Judge Susan P. Watters presided.
In court documents filed in the case, the prosecution said Wolfblack assaulted the victim on Sept. 15, 2019 in Lodge Grass. Wolfblack struck the victim with his fists, put her in a headlock and strangled her. The victim was treated at the Indian Health Services in Crow Agency for injuries. When interviewed, Wolfblack initially denied assaulting the victim except to say he grabbed her arm after she hit him in the head. After being pressed, Wolfblack admitted he had assaulted the victim, although he claimed that he did not squeeze her neck.
Assistant U.S. Attorney Lori Suek prosecuted the case, which was investigated by the FBI.
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Methamphetamine trafficking sends Eureka man to prisonRead the Press Release
MISSOULA — A Eureka man who admitted trafficking methamphetamine was sentenced today to six years and eight months in prison and four years of supervised release, Acting U.S. Attorney Leif Johnson said.
Tracy Eugene Conard, 50, pleaded guilty on Sept. 15, 2020 to possession with intent to distribute controlled substances.
U.S. District Judge Dana L. Christensen presided.
The prosecution said in court documents filed in the case that Lincoln County Sheriff’s Office detectives were investigating Conard and in October 2019, conducted a monitored drug deal with another informant to buy drugs from Conard. In November 2019, law enforcement received information that Conard was in Kalispell buying meth. Conard was stopped returning from Kalispell. A passenger confirmed they were returning from a residence near Kmart in Kalispell where Conard gone to pick up his truck. Conard had $2,127 in his pocket along with a small amount of marijuana.
Based on corroborating information and other observations, officers obtained a search warrant for Conard’s residence in Eureka. There, officers located scales, meth pipes, about 53.6 grams of meth, 9.9 grams of black tar heroin, small plastic baggies and firearms and ammunition.
Assistant U.S. Attorney Jennifer Clark prosecuted the case, which was investigated by the Lincoln County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. 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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Hays man admits manslaughter charge after fatal crash on Fort Belknap Indian ReservationRead the Press Release
GREAT FALLS — A Hays man who admitted to drinking and driving a vehicle when it crashed and killed a passenger in 2019 on the Fort Belknap Indian Reservation pleaded guilty today to charges, Acting U.S. Attorney Leif Johnson said.
Tough Arthur Snow, 22, pleaded guilty to involuntary manslaughter. Snow faces a maximum eight years in prison, a $250,000 fine and three years of supervised release.
Chief U.S. District Judge Brian M. Morris presided. Snow was released pending further proceedings. Chief Judge Morris set sentencing for April 29.
The prosecution said in court documents that at about 6:10 a.m. on June 8, 2019, Fort Belknap Law Enforcement Services officers and emergency medical providers responded to a 911 call of a vehicle crash on the gravel road that runs through Mission Canyon on the Fort Belknap Indian Reservation.
Medical responders found two men, Snow and John Doe 1, walking on the road. Snow denied they had been in an accident and said Doe 1 was injured. Responders attended to Doe 1 and Snow left the scene on foot. Snow did not report an accident to the medical responders and did not report that anyone else was injured. Doe 1 told the medical responders there had been accident just down the road and that Snow had been the driver. A responder continued down the road and found a truck on its passenger side in a creek by the road. The truck was on top of a victim, identified as John Doe 2, who had been partially ejected and was deceased.
Law enforcement officers located Snow at his mother’s residence. Snow showed signs of impairment, claimed not to know about the crash and that he arrived home at about 5:30 a.m. after being out and drinking beer. Snow consented to a blood draw, which determined he had a blood alcohol concentration of .116 percent.
A Montana Highway Patrol crash scene investigation determined the truck was registered to Snow and that it was going too fast for the road, failed to negotiate a curve and went off the road, landing on its side in the creek. Contributing factors were speed, reckless driving and alcohol impairment.
Doe 1 reported that Snow was the driver, Doe 2 was the front passenger and that he was the rear seat passenger. Doe 1 told investigators the three of them had been drinking together that night, got into the truck and then Snow went fast and lost control. Doe 1 reported they both knew Doe 2 was dead when they walked away from the crash scene.
Assistant U.S. Attorney Ethan Plaut is prosecuting the case, which was investigated by the FBI, Fort Belknap Law Enforcement Services and Montana Highway Patrol.
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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 Jan. 4 was:
Taylor Ray Bogard, 21, of Missoula, on charges of prohibited person in possession of firearms and ammunition. If convicted of the most serious crime, Bogard faces a maximum 10 years in prison, a $250,00 fine and three years of supervised release. Bogard was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Missoula Police Department investigated the case. PACER case reference. 20-49.
Grady Harold Sullivan, Jr., 44, of Eureka, on charges of prohibited person in possession of firearms and ammunition. If convicted of the most serious crime, Sullivan faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Sullivan was released pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives, Lincoln County Sheriff’s Office, Montana’s Probation and Parole Division and Montana Department of Fish, Wildlife and Parks investigated the case. PACER case reference. 20-55.
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Jan. 5 was:
Jose Eduardo Garcia, 29, hometown unknown, on charges of conspiracy to possess with intent to distribute controlled substances and possession with intent to distribute controlled substances. If convicted of the most serious crime, Garcia faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. Garcia was detained pending further proceedings. The Drug Enforcement Administration investigated the case. PACER case reference. 20-134.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Jan. 5 was:
Eduardo Luis Diaz, 26, of Chicago, IL, on charges of aggravated sexual abuse and sexual abuse. If convicted of the most serious crime, Diaz faces a maximum of life in prison, a $250,000 fine and five years of supervised release. Diaz was released pending further proceedings. The National Park Service investigated the case. PACER case reference. 20-56.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Billings man sentenced to prison for strangling woman on Crow Indian ReservationRead the Press Release
BILLINGS – A Billings man who admitted strangling a woman during an argument at a residence on the Crow Indian Reservation was sentenced today to 46 months in prison and three years of supervised release, Acting U.S. Attorney Leif Johnson said.
Leslie Charles Hogan, Jr., 37, pleaded guilty on July 21, 2020 to assault of a dating partner by strangulation and to domestic assault by an habitual offender.
U.S. District Judge Susan P. Watters presided. Hogan was detained.
The prosecution said in court records that on May 17, 2017, the victim and Hogan, who were in a relationship, were at the victim's residence when the couple got into a verbal argument. The fight turned physical. Hogan pushed the victim up against a wall and strangled her until she was almost unconscious. Another person in the residence struck and pushed Hogan to stop the strangulation. The victim sought medical treatment.
Hogan has two prior convictions for domestic assault.
Assistant U.S. Attorney Lori Suek prosecuted the case, which was investigated by the FBI.
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Utah man who trafficked meth from camper on Fort Peck Indian Reservation sentenced to 10 years in prisonRead the Press Release
GREAT FALLS — A Utah man who towed a camper to the Fort Peck Indian Reservation and trafficked methamphetamine in the community was sentenced today to 10 years in prison and five years of supervised release, Acting U.S. Attorney Leif Johnson said.
Andrew Michael Gomez, 33, of Ogden, Utah, pleaded guilty on Sept. 14, 2020 to conspiracy to possess with intent to distribute meth.
Chief U.S. District Judge Brian M. Morris presided.
In court documents filed in the case, the prosecution said that Gomez, and his co-defendant, Jeffrey Allen Dabb, 39, of Ogden, Utah, towed a camper from Utah and rented a vacant lot on the reservation. In August 2019, a Wolf Point Police officer received information about drug activity on property where the camper was parked. The officer obtained a tribal search warrant to enter the property and seize the camper. Gomez, Dabb, and another individual were in the camper. Dabb said that they were in the area to work in the North Dakota oil fields and denied there was anything illegal in the camper.
During a search of the camper, law enforcement found more than 6.5 ounces of meth, drug ledgers, electronic money transfer receipts showing money wires to individuals in Utah, a set of brass knuckles with a built-in knife, scales, baggies and other drug paraphernalia.
Gomez attempted to further the meth trafficking conspiracy while incarcerated on state charges by urging individuals to recover and sell the drugs, which he thought were still hidden in the camper.
Dabb was convicted in the case and sentenced to 51 months in prison.
Assistant U.S. Attorney Ethan Plaut prosecuted the case, which was investigated by the FBI, Fort Peck Law Enforcement Services, Wolf Point Police Department and Roosevelt County Sheriff’s Office.
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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Missoula man sentenced to prison for illegal possession of firearmRead the Press Release
MISSOULA — A Missoula man who admitted illegally possessing a gun after having been convicted of a felony was sentenced today to 30 months in prison and three years of supervised release, Acting U.S. Attorney Leif Johnson said.
Roosevelt Kenneth Thompson, 35, pleaded guilty on Sept. 11, 2020 to prohibited person in possession of a firearm.
U.S. District Judge Donald W. Molloy presided.
The prosecution said in court documents that a Missoula Police Department officer stopped a vehicle in which Thompson was riding on Feb. 4, 2020. The officer learned from dispatch that Thompson was on parole. The driver informed the officer that Thompson had a gun on his person. Thompson had prior felony convictions. The officer had Thompson exit the vehicle, and Thompson informed the officer of the gun. Officers located a .45-caliber gun in a holster on Thompson’s chest.
Assistant U.S. Attorney Jennifer Clark prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Missoula Police Department.
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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Ex-Indian Health Services doctor sentenced to prison, fined for drug kickback scheme while at Blackfeet Indian ReservationRead the Press Release
GREAT FALLS — A former Indian Health Services doctor who worked on the Blackfeet Indian Reservation and admitted using his job to prescribe a diabetes drug from a pharmacy in exchange for kickbacks was sentenced today to three months in prison, two years of supervised release and fined $10,000, Acting U.S. Attorney Leif Johnson said.
Dr. Arnold Scott Devous, 68, of Billings, pleaded guilty on Sept. 10, 2020 to federal medical officer with conflict of interest.
Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris allowed Devous to self-report to prison.
“Dr. Devous used his position and ability to exploit patients in the Blackfeet community. These kinds of kickback schemes erode the public’s trust in its healthcare providers at a time when we need that trust more than ever. We will continue to prosecute these schemes to the full extent of the law,” Acting U.S. Attorney Johnson said.
"By engaging in kickback schemes, Dr. Devous committed a serious ethics violation which may result in diminished public trust of federal employees,” said Curt L. Muller, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “With our law enforcement partners, we are committed to rooting out corruption in our federal healthcare programs.”
In court documents filed in the case, the prosecution said that Devous used his position at IHS as a medical officer and in charge of the diabetes program in Browning to prescribe Farxiga, a Type 2 diabetes medication. Farxiga was not on the IHS formulary and could not be obtained at the facility. From December 2015 until June 2016, Devous solicited multiple pharmacies in Montana to fill expensive prescriptions of Farxiga in exchange for Devous receiving a "cut" of the profits and kickbacks. Government personnel are prohibited from engaging in these types of relationships.
Ultimately, a pharmacy agreed to Devous' terms and paid him $45,540 in approximately six months. Devous first hid the kickbacks by sending the money to his wife, and then he used a prospective business associate. Neither of these options was allowable under the law. When interviewed, Devous admitted that his wife received the money, which was illegal. Devous also admitted he never informed his superiors of the outside income as required by law.
Assistant U.S. Attorney Ryan Weldon prosecuted the case, which was investigated by the Office of Inspector General, Office of Investigations, U.S. Department of Health & Human Services.
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Billings woman sentenced to prison for illegally possessing gunRead the Press Release
BILLINGS—A Billings woman who admitted illegally possessing a handgun she threw out of a stolen vehicle during a law enforcement pursuit was sentenced today to 30 months in prison and three years of supervised release, Acting U.S. Attorney Leif Johnson said.
Breanne Lee Wieder, 31, pleaded guilty on Aug. 4, 2020 to prohibited person in possession of a firearm.
U.S. District Judge Susan P. Watters presided.
In court documents filed in the case, the prosecution said that on Aug. 13, 2019, Yellowstone County Sheriff’s Office deputies and Billings Police Department officers pursued a stolen truck in the Lockwood area. Officers saw Wieder, the passenger, throw a pistol out the window. The pursuit ended a short time later. Officers recovered a .22-caliber pistol with an obliterated serial number from a front yard. The pistol was loaded with a round in the chamber. Ammunition for the pistol was recovered from the truck and Wieder’s purse. Wieder and the driver and co-defendant, Joseph Alan Sleeping Bear, were arrested for supervision violations and charges related to the stolen vehicle. Sleeping Bear was convicted in the federal case and sentenced to 45 months in prison.
Wieder was on state supervision for a prior felony conviction at the time of the offense and was prohibited from possessing firearms or ammunition.
Assistant U.S. Attorney Paulette Stewart prosecuted the case, which was investigated by the Billings Police Department, Yellowstone County Sheriff’s Office, Montana’s Probation and Parole Division and 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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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 Dec.29 was:
Sean Andrew Shaw, 40, of Billings, on charges of conspiracy to possess with intent to distribute controlled substances, possession with intent to distribute controlled substances and possession of a firearm in furtherance of a drug trafficking crime. If convicted of the most serious crime, Shaw faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. Shaw was released pending further proceedings. The Drug Enforcement Administration investigated the case. PACER case reference. 20-78.
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 man appears on allegations of sexually exploiting children and receiving child pornographyRead the Press Release
MISSOULA – A Helena man appeared in court today on allegations of sexually exploiting children and receiving child pornography in Missoula and Lewis and Clark counties, Acting U.S. Attorney Leif Johnson said.
A criminal complaint unsealed today alleges Joshua Dean Fish, 27, committed the crimes of sexual exploitation of a child and receipt of child pornography. If convicted of the most serious crime, Fish faces 15 years to 40 years in prison, a $250,000 fine and five years to life of supervised release.
U.S. Magistrate Judge Kathleen L. DeSoto presided. Fish was detained pending further proceedings.
A criminal complaint is only an accusation, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt.
According to the complaint and affidavit, an investigation began in January when the Lewis and Clark County Sheriff’s Office received a report of suspicious online activity regarding a minor teenage female victim. The investigation led to additional minor female victims. Victims reported that they were promised monetary payments in exchange for photographs of themselves in various stages of undress and nudity through SnapChat, a social media application. The victims reported that the suspect used PayPal to submit payments to the victims, used the fictitious name, Grant Holman, and liked to be called Mr. Fish or Mr. Fishy.
The investigation led to a search of Fish’s residence in Gilbert, AZ, on June 18. Law enforcement seized a cell phone, a laptop computer and numerous hard drives. After examining the electronics that were seized during the search of Fish’s residence, agents discovered hundreds of thousands of images and videos of child pornography, the complaint and affidavit allege. The complaint and affidavit further allege that Fish used, coerced and exploited the victims into producing sexually explicit images of themselves. Fish lived in Missoula and Helena until about June 2018, when he moved to Arizona.
The FBI, Homeland Security Investigations, Internet Crimes Against Children Task Force, Lewis and Clark County Sheriff’s Office and Gilbert (AZ) Police Department are investigating the case.
PACER case reference. 20-11.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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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 Dec. 21 was:
Jennifer Ellen Hernandez, 40, of Sidney, on charges of conspiracy to possess with intent to distribute controlled substances and possession with intent to distribute controlled substances. If convicted of the most serious crime, Hernandez faces a minimum mandatory five years to 40 years in prison, a $5 million fine and at least four years of supervised release. Hernandez was released pending further proceedings. The Drug Enforcement Administration investigated the case. PACER case reference. 20-134.
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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Montana U.s. Attorney’s Office Collects $7.3 Million in Civil and Criminal Actions in Fiscal Year 2020Read the Press Release
BILLINGS – Acting U.S. Attorney Leif M. Johnson announced today that the District of Montana collected $7,352,119 in criminal and civil actions in Fiscal Year 2020. Of this amount, the office collected $2,523,303 in criminal actions and $4,828,816 in civil actions.
“These funds come from seizing ill-gotten gains from criminals and from civil penalties and debt collections. The money helps to make crime victims whole and benefits the U.S. Treasury, which are priorities of this office. I want to thank our financial litigation unit, the civil and criminal divisions, and all of our employees for their hard work on behalf of victims of crime and government fraud,” Acting U.S. Attorney Johnson said.
Funds or payments collected in criminal judgments include cases involving Encore Services LLC, a Nevada company convicted in 2017 in a public corruption case to defraud the Chippewa Cree Tribe, and James and Timilynn Kisling, a Billings couple who owned a construction company and were convicted in 2019 of tax evasion for using the construction of a Billings mansion to avoid reporting profits.
Some of the funds collected in civil actions include a 2018 case settled with Kalispell Regional Healthcare System for alleged violations of the False Claims Act by paying physicians more than the fair market value.
The Justice Department collected more than $15.9 billion in civil and criminal actions in fiscal year (FY) 2020 ending Sept. 30, 2020. The $15,988,516,670 in collections in FY 2020 represents more than five times the approximately $3.2 billion appropriated budget for the 94 U.S. Attorneys’ offices and the main litigating divisions of the Justice Department combined in that same period. The total includes all monies collected as a result of Justice Department-led enforcement actions and negotiated civil settlements. It includes more than $13.5 billion in payments made directly to the Justice Department, and more than $2.4 billion in indirect payments made to other federal agencies, states and other designated recipients.
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.
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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 Dec. 14 was:
Shawn Kenneth Kolb, 40, of Columbia Falls, on charges of false statement during a firearms transaction. If convicted of the most serious crime, Kolb faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Kolb was released pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 20-51.
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Dec. 15 was:
Michael Jacob Berberick, 37, of Billings, on charges of prohibited person in possession of a firearm and possession of stolen firearm. If convicted of the most serious crime, Berberick faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Berberick was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 20-119.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Dec. 15 was:
Kelcey James Morsette, 40, of Box Elder, on charges of assault resulting in serious bodily injury. If convicted of the most serious crime, Morsette faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Morsette was detained pending further proceedings. The FBI and Rocky Boy’s Police Department investigated the case. PACER case reference. 20-34.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Wolf Point man admits assault with a hatchetRead the Press Release
GREAT FALLS – A Wolf Point man on Wednesday admitted assaulting a woman with a hatchet at a residence on the Fort Peck Indian Reservation, Acting U.S. Attorney Leif Johnson said.
Austin Lee Pipe, Sr., 30, pleaded guilty to assault resulting in substantial bodily injury. Pipe faces a maximum five years in prison, a $250,000 fine and three years of supervised release.
Chief U.S. District Judge Brian M. Morris presided. Pipe was detained pending further proceedings. Sentencing was set for April 15, 2021.
The prosecution said in court records that on Feb. 13, 2019, Pipe and the victim, identified as Jane Doe, got into an argument at Pipe’s residence. Pipe grabbed a hatchet and struck the victim in the arm and leg. The victim required medical treatment at the hospital.
Assistant U.S. Attorney Jared Cobell is prosecuting the case, which was investigated by the FBI and Fort Peck Criminal Investigations.
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Missoula man sentenced to prison for illegally possessing firearmRead the Press Release
MISSOULA — A Missoula man, who admitted illegally possessing a firearm that he discharged in his apartment, was sentenced today to 32 months in prison and three years of supervised release, said Acting U.S. Attorney Leif Johnson.
Brandon Mitchell Darrah, 35, pleaded guilty on Aug. 20 to being a prohibited person in possession of a firearm and ammunition.
U.S. District Judge Dana L. Christensen presided.
The prosecution said in court documents that in December 2019, Darrah was on state probation for a felony drug conviction and was being supervised by the Montana Department of Corrections. On Dec. 11, 2019, Missoula police officers responded to a call of a discharged firearm and, after interviewing a witness, determined that the shot came from Darrah’s apartment. An officer located Darrah on the street near the apartment building. Darrah admitted the shot was fired from his apartment but denied being the shooter. Darrah said the shooter ran off. His statement conflicted with a witness’s statement that Darrah was alone.
Darrah’s probation officer authorized a search of his apartment, and police officers found a revolver, a holster, ammunition, spent casings, gun cleaning accessories and drug paraphernalia. The handgun and some of the ammunition were found in a shoe box in a crawl space above the bathroom.
Darrah admitted to law enforcement that the firearm belonged to him and said the firearm discharge in his apartment was accidental. Darrah also admitted he hid the gun in the box found in the ceiling and that he had lied to police officers. Darrah said he knew he was not supposed to have the firearm.
Assistant U.S. Attorney Cyndee Peterson prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Missoula Police Department, FBI and Montana Division of Criminal Investigation.
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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Havre man sentenced to prison for trafficking meth in Great Falls, Havre areasRead the Press Release
GREAT FALLS — A Havre man who admitted dealing methamphetamine for two years was sentenced today to 66 months in prison and five years of supervised release, Acting U.S. Attorney Leif Johnson said.
Terry Lee Wells, Jr., 34, pleaded guilty on Aug. 17 to possession with intent to distribute meth.
Chief U.S. District Judge Brian M. Morris presided.
The prosecution said in court documents that in December 2019, law enforcement had been receiving information about Wells’ involvement in drugs and crime around Great Falls, the Rocky Boy’s Indian Reservation and Havre and began searching for him.
Law enforcement in Havre began to review phone calls from the Hill County Jail and identified numerous inmates who had been calling Wells. Detectives learned through this information that Wells had made a quick trip from Great Falls to Seattle and back in early December.
On Dec. 19, 2019, detectives found Wells driving north from Great Falls to Havre and attempted to stop him. Wells fled and crashed his car. Officers took Wells to the Hill County Jail, where officers found a small baggie of meth.
During an interview with agents on Jan. 6, 2020, Wells admitted he had begun dealing meth in 2017 and continued dealing meth through out 2019. He also admitted he had driven to Seattle on Dec. 5, 2019 to buy meth for redistribution in Montana.
Assistant U.S. Attorney Jessica Betley prosecuted the case, which was investigated by the FBI, Great Falls Police Department and the Tri-Agency Task Force.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. 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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Laurel man admits COVID-19 relief fraud with Paycheck Protection ProgramRead the Press Release
BILLINGS – A Laurel man admitted today that he attempted to illegally obtain $35,000 from the Paycheck Protection Program (PPP), a federal loan program created to help businesses struggling during the coronavirus pandemic, Acting U.S Attorney Leif Johnson said.
Matthew Jason Welch, 37, pleaded guilty to wire fraud. Welch faces a maximum of 20 years in prison, a $250,000 fine and three years of supervised release.
The indictment against Welch is the first PPP fraud case to be charged in Montana. The PPP program was created through the Coronavirus Aid, Relief, and Economic Security (CARES) Act to help businesses struggling with the financial effects of the pandemic.
U.S. Magistrate Judge Timothy J. Cavan presided. Judge Cavan released Welch pending further proceedings. A sentencing date has not yet been set.
In court documents filed in the case, the prosecution said that on April 23, Welch submitted a false PPP loan application to one of the participating lenders in the name of Welch Sole Proprietorship seeking about $35,000 to support payroll, lease and mortgage interest costs and utility costs. The PPP application identified Welch as the 100 percent owner of Welch Sole Proprietorship and was signed by Welch.
Welch falsely certified in the application that he was not “subject to an indictment, criminal information, arraignment, or other means by which formal criminal charges are brought in any jurisdiction.” Welch was actually subject to felony criminal charges in Montana and Wyoming. Through email and by phone, Welch repeatedly asserted falsely that he did not have any pending criminal charges and was eligible for a PPP loan.
On May 14, in a phone call with a law enforcement agent posing as a representative of the lender, Walsh falsely stated that he did not have any criminal charges pending against him as of the date of the PPP application, April 23. Investigators also later learned that Welch did not plan to use the loan funds to maintain his payroll but rather to pay off a restitution obligation in one of his felony cases.
In a telephone interview with agents, Welch admitted to submitting the application and materials to the lender and confirmed he was in Montana at the time.
Assistant U.S. Attorneys Colin Rubich and Michael Kakuk and William Johnston, assistant chief of the Fraud Section, Criminal Division, of the U.S. Department of Justice, are prosecuting the case. The Small Business Administration and the U.S. Secret Service investigated the case.
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California man sentenced to prison for trafficking meth to MontanaRead the Press Release
MISSOULA — A California man who admitted mailing methamphetamine and other drugs to Montana for distribution and wiring drug proceeds back to California was sentenced today to six years in prison and five years of supervised release, Acting U.S. Attorney Leif Johnson said.
Oscar Noe Celio Luna, 32, of Bakersfield, CA, pleaded guilty on Sept. 30 to conspiracy to possess with intent to distribute controlled substances and to conspiracy to commit money laundering.
U.S. District Judge Dana L. Christensen presided.
The prosecution said in court documents filed in the case that law enforcement learned Luna was mailing drugs from California since at least 2017. Law enforcement made controlled buys of drugs, including more than 500 grams of meth, from Luna. One pound of meth is 453 grams. In April, Luna sent 466 grams of 100 percent pure meth and 47.7 grams of heroin to Montana. The investigation also determined that Luna wired drug proceeds, including about $35,360 from Butte to California, to further promote drug trafficking.
Assistant U.S. Attorney Ryan Weldon prosecuted the case, which was investigated by the Drug Enforcement Administration, the Helena Police Department, the Missouri River Drug Task Force and the Montana Division of Criminal Investigation.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. 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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