District of Montana
Press releases recorded for this federal judicial district.
Charlo man sentenced to prison for sexually abusing minor girls in Lodge GrassRead the Press Release
BILLINGS — A Charlo man convicted at trial of sexually abusing minor girls in Lodge Grass on the Crow Indian Reservation was sentenced today to 70 months in prison and five years of supervised release, Acting U.S. Attorney Leif Johnson said.
After a three-day trial, a jury on July 13 found Jack Preston Coversup, 58, guilty of sexual abuse of a minor and abusive sexual contact.
U.S. District Judge Susan P. Watters presided.
During trial, the prosecution presented evidence that Coversup had sexually molested minor girls in a Lodge Grass residence from about December 2015 to February 2016. The victims were under the age of 16.
Assistant U.S. Attorneys Tom Godfrey and Lori Suek prosecuted the case, which was investigated by the FBI.
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Plains Man Sentenced to Prison for Making and Sending Child Pornography VideosRead the Press Release
MISSOULA – A Plains man who admitted creating and transporting child pornography videos was sentenced today to 240 months in prison following by 10 years of supervised release, Acting U.S. Attorney Leif Johnson said.
David Paul Farrar, 58, pleaded guilty on Aug. 4 to sexual exploitation of a child and transportation of child pornography.
U.S. District Judge Dana L. Christensen presided. Farrar was detained.
“Homeland Security Investigations special agents are proud to work closely with the Sanders County Sheriff’s Department to target and arrest individuals who prey on women and children in what should be the safety of their own homes,” said Steven Cagen, Special Agent in Charge, HSI Denver. “Farrar’s sentencing sends a clear message, if you harm children, we will work tirelessly to find you and to bring you to justice.”
In court documents filed in the case, the prosecution said that while Farrar was away in Idaho in June 2019, he allowed a friend to stay at his home in Plains. The friend viewed electronic storage cards found in Farrar's house and saw that they contained sexually explicit photographs of a female child. The friend reported her findings to law enforcement.
An HSI agent obtained a search warrant for Farrar's residence and seized multiple computers and electronic storage devices. An analysis of the seized items determined they contained video files of the victim and were created sometime in 2013 or 2014. The videos were created using a cell phone or digital camera and contained lewd and lascivious images. Agents determined Farrar created the videos because the viewer can see his hand and hear his voice. Farrar also admitted to agents that he created the videos of the victim.
Agents also found a video of two other minor girls that contained lewd and lascivious images. The investigation determined that Farrar electronically transferred that video to a file on one of his computers.
Assistant U.S. Attorney Cyndee Peterson prosecuted the case, which was investigated by HSI.
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.
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. 1 was:
Hunter Quinn Braden, 21, of Billings, on charges of prohibited person in possession of a firearm. If convicted of the most serious crime, Braden faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Braden was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 20-122.
Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on Dec. 3 was:
Robert Brandon Callison, 31, of Hamilton, on charges of sexual exploitation of a child, distribution of meth to a person under 21 and felon in possession of a firearm. If convicted of the most crime, Callison faces a minimum 15 years to 30 years in prison, a $250,000 fine and five years to life of supervised release. Callison was detained pending further proceedings. The Missoula Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 20-50.
Appearing on Dec. 2 and pleading not guilty was:
Luis Alberto Rocha, 38, of Bozeman, on charges of conspiracy to distribute cocaine and possession with intent to distribute cocaine. If convicted of the most serious crime, Rocha faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. Rocha was detained pending further proceedings. The FBI and Missouri River Drug Task Force investigated the case. PACER case reference. 20-31.
Appearing and pleading not guilty on Dec. 1 was:
Robert John Barker, 49, of Gatesville, Texas, on charges of wire fraud and money laundering. If convicted of the most serious crime, Barker faces a maximum 20 years in prison, a $250,000 fine and three years of supervised release. Barker was released pending further proceedings. The FBI investigated the case. PACER case reference. 20-25.
John Gary Yorgason, 48, of Corvallis, on charges of false statement during a firearms transaction. If convicted of the most serious crime, Yorgason faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Yorgason was released pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 20-45.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Dec. 1 was:
Kristina Dawn Russette, 30, of Spokane, Washington, on charges of conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute meth. If convicted of the most serious crime, Russette faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. Russette was detained pending further proceedings. The FBI, Chippewa Cree Law Enforcement Service and Tri-Agency Drug Task Force investigated the case. PACER case reference. 20-85.
Jeffrey Blaine Dolphay, 40, of Havre, on charges of conspiracy to possess with intent to distribute meth and possession with intent to distribute meth. If convicted of the most serious crime, Dolphay faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. Homeland Security Investigations investigated the case. PACER case reference. 20-85.
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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Livingston woman admits lying in purchase of a firearm used by felon who shot at state probation officersRead the Press Release
BILLINGS – A Livingston woman accused of illegally obtaining a firearm for a felon who shot at state probation officers admitted federal charges today, Acting U.S. Attorney Leif Johnson said.
Tracy Fonda Flanigan, 46, pleaded guilty to false statement during a firearms transaction. Flanigan 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 released Flanigan pending further proceedings and set sentencing for April 15, 2021.
In court documents filed in the case, the prosecution said that in May 2018, Michael Anderson, a felon, shot at Montana State Probation and Parole Officers who were attempting to conduct a home check. Anderson was convicted in Yellowstone County District Court of assault with a weapon and sentenced to 40 years to the Montana State Prison.
During a search of Anderson’s residence, law enforcement officers found several firearms and ammunition. An investigation determined that one of the firearms recovered was purchased by Flanigan on Nov. 11, 2015. Officers learned that Flanigan purchased an AR-556 rifle at The Fort in Big Timber.
When interviewed by law enforcement, Anderson confirmed he had Flanigan purchase the firearms for him and gave her the money for the purchases. Flanigan knew Anderson was prohibited from possessing firearms because of prior felony convictions. Flanigan eventually admitted purchasing the firearms for Anderson.
Assistant U.S. Attorney Julie Patten is prosecuting 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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Utah man who trafficked meth from camper on Fort Peck Indian Reservation sentenced to 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 51 months in prison and three years of supervised release, U.S. Attorney Kurt Alme said.
Jeffrey Allen Dabb, 39, of Ogden, Utah, pleaded guilty on Sept. 1 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 Dabb, and his co-defendant, Andrew Michael Gomez, 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. Dabb, Gomez 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 pleaded guilty in the case and is awaiting sentencing.
Assistant U.S. Attorney Ethan Plaut prosecuted the case, which was investigated by the FBI and Fort Peck Law Enforcement Services.
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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U.s. Attorney Kurt Alme and the Confederated Salish and Kootenai Tribes Launch Pilot Project to Address Missing and Murdered Indigenous PersonsRead the Press Release
PABLO — Today, at a council meeting of the Confederated Salish and Kootenai Tribes of the Flathead Indian Reservation (CSKT), U.S. Attorney Kurt Alme and the CSKT Council launched a pilot project to develop a Tribal Community Response Plan (TCRP), in accordance with Attorney General William P. Barr’s Missing and Murdered Indigenous Persons (MMIP) Initiative, and the President’s Operation Lady Justice Task Force, and in furtherance of the goals of the recently-enacted Savanna’s Act.
The goal of a TCRP is to improve responses to emergent American Indian and Alaska Native (AI/AN) missing person cases by establishing a collaborative response from Tribal governments, law enforcement, and other partners through culturally appropriate guidelines. The U.S. Department of Justice and other federal agencies developed draft guides to assist in developing plans with input from tribal leaders, tribal law enforcement and their communities.
The council meeting was also attended by representatives from the Federal Bureau of Investigation, the Bureau of Indian Affairs, local law enforcement and community organizations.
The goal is to complete this TCRP by Dec. 11 and when finished, the TCRP will be the first one completed in the country. Lessons learned from the pilot project will be used to improve the draft guides for developing a TCRP before they are released to Tribes across the country.
“I am honored to partner with Chairwoman Fyant and the Confederated Salish and Kootenai Tribes to launch this important pilot project in Montana.” U.S. Attorney Alme said. “Since Attorney General Barr announced the MMIP Initiative here last year, we have been working hard to complete draft guides to assist our joint efforts to develop a Tribal Community Response Plan specific to the needs, resources and culture of the Flathead Community. In spite of significant challenges brought on by COVID-19, we are pleased to be back almost a year later ready to complete this important step in addressing MMIP cases. I want to thank all of the partners who have agreed to be a part of this process. After these pilot projects are completed and the guides are finalized, Savanna’s Act directs our office to continue working with partners such as our other Tribal governments to ensure guidelines are developed across the Montana.”
”Our community worked hard to elevate this issue so it is encouraging to see the effort continue to develop and grow,” said Chairwoman Shelly R. Fyant, Confederated Salish and Kootenai Tribes. “We know how important partnerships are and we will continue to collaborate with stakeholders in our community to implement this plan. We remain committed to working hard and applying resources to ensure our people receive justice.”
“The Montana Missing Indigenous Persons Task Force is excited to have the Confederated Salish & Kootenai Tribes be among the first pilot projects for development of Tribal Community Response Plans. We look forward to working with the U.S. Attorney’s Office, our Tribal partners, and local law enforcement on development of the plans,” said Melissa Schlichting, presiding officer of the Montana Missing Indigenous Persons Task Force.
Working group meetings with representatives from the U.S. Attorney’s Office, the CSKT, law enforcement (including the Flathead Tribal Police Department, Lake County Sheriff’s Office, Missoula County Sheriff’s Office, Flathead County Sheriff’s Office, Sanders County Sheriff’s Office, Polson Police Department, and Ronan Police Department) and community organizations will begin next week to develop the TCRP. The TCRP will include guidelines for law enforcement agencies, victim services, community involvement, and media and public communication.
Confederated Salish and Kootenai Tribe’s Tribal Council passed a resolution establishing a work group to address the issue of missing and murdered indigenous people. CSKT developed their own Missing Persons Protocol with Tribal Law and Order and authorized the development of a social media and tip line. CSKT also hosted a training on human trafficking and its correlation to MMIP and held numerous community meetings on safety awareness. An Arlee Youth Group was formed and has hosted Missing and Murdered Indigenous Women presentations on student safety awareness. The Council also voted unanimously to increase the reward money to $11,000 for any information that leads to solving the case of missing CSKT tribal member Jermain Charlo, who went missing in 2018. The Council helps support a Jermain Charlo billboard near Missoula.
For the past two years, the U.S. Attorney’s Office for Montana has worked with Tribal government partners, the Montana Department of Justice, the Montana Missing Indigenous Persons (MIP) Task Force, the FBI and the BIA to bring awareness to and address this important issue. It hired the country’s first MMIP Coordinator, who has helped coordinate responses to missing person cases; held two statewide trainings for law enforcement on how to use missing person databases and alerts (such as Amber Alerts), and for the public on what to do when a loved one goes missing; brought trainers from the National Missing and Unidentified Persons System (NAMUS) to all seven Montana reservations to train community members on how to use that system when a loved one goes missing; participated in the efforts of the Montana MIP Task Force, which have included ensuring that all missing AI/AN persons have been entered into the Montana Missing Persons Clearinghouse to ensure they are being looked for; and developed a public service announcement to inform the public about what to do when a loved one goes missing.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.###
Ex-manager of Flathead irrigation board sentenced to one year in prison for embezzlementRead the Press Release
MISSOULA — The former executive manager of a Flathead area irrigation board was sentenced to prison on Tuesday after she admitted stealing from the organization to buy personal items like a calving pen, a guitar and tires, U.S. Attorney Kurt Alme said today.
Johanna Estella Clark, 44, formerly of Kalispell and currently of Florence, pleaded guilty on Aug. 11 to wire fraud.
U.S. District Judge Donald W. Molloy presided and sentenced Clark to one year and one day in prison and to three years of supervised released. Judge Molloy also ordered Clark to pay $265,131 in restitution.
The prosecution said in court documents in the case that Clark worked for the Flathead Joint Board of Control (FJBC) from 2013 until May 2017. During those years FJBC was a government-owed and operated organization that represented about 2,400 irrigators in the Flathead, Mission and Jocko valleys. The board had 12 elected members and one full-time employee. Clark was the only full-time employee when she started in 2013 and eventually became the executive manager. Clark had the authority to make financial decisions for FJBC and had control of multiple FJBC bank cards and signature stamps for all of the board members, which she could use to issue checks.
In August 2014, Clark began making personal charges on FJBC credit cards and continued the activity until shortly before her termination in May 2017. Purchases included furniture, a calving pen, a guitar and accessories and tires for a personal vehicle.
Clark attempted to mislead investigators about her fraud by drafting a memorandum with signatures of certain FJBC board members that appeared to authorize her to charge personal expenses to FJBC’s bank cards. Investigators determined that Clark likely used the board members’ signature stamps to sign the memo, and the board members either denied or could not recall giving her permission to use board funds for personal expenses.
Assistant U.S. Attorney Tim Racicot prosecuted the case, which was investigated by the FBI.
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U.S. Attorney Kurt Alme announces resignationRead the Press Release
BILLINGS — United States Attorney Kurt Alme today announced his resignation as the U. S. Attorney for the District of Montana effective Dec. 2, 2020.
A Montana native graduating high school in Miles City, Alme was recommended by Senator Daines, nominated by President Trump, and unanimously confirmed for the office by the Senate in September 2017. Prior to his confirmation, Alme was President and General Counsel of the Yellowstone Boys and Girls Ranch Foundation, which supports the Ranch as it serves over 600 emotionally troubled youth, including those with substance abuse disorders.
“I want to express my gratitude to Senator Daines for recommending me and to President Trump for nominating me for this position,” Alme said. “It has been the honor of a lifetime to serve with the outstanding attorneys and professional staff in this office.”
During his tenure at the U. S. Attorney’s Office (USAO), Alme focused on reducing meth-related violent crime, opioid overdose deaths and crime on our Native American reservations. Under his direction, Assistant U. S. Attorneys (AUSAs) and professional staff in the office increased federal criminal prosecutions by 15% to over 400 defendants per year, except during a short disruption from COVID earlier this year. Those prosecutions include drug trafficking, violent crime on Native American reservations, child pornography, human trafficking, financial and government fraud, immigration, and firearms violations. Alme oversaw over 70 employees in four offices, Billings, Great Falls, Helena and Missoula. The USAO also represented the United States in civil cases in the Montana.
Under his leadership, the USAO launched Project Safe Neighborhoods (PSN) in 2018 in partnership with federal, state and local law enforcement agencies to combat increasing meth-related violent crime. PSN placed priority on federal prosecutions of meth traffickers, armed robbers and violent felons with firearms. Since PSN began, more than 670 cases have been prosecuted statewide, and 293 cases alone in Yellowstone County where 333 pounds of meth and 343 firearms, including 78 semi-automatic rifles have been seized. After PSN began in Missoula County, murder, robbery and aggravated assaults decreased 25% until increasing again after COVID began.
"Methamphetamine trafficking and abuse has negatively affected the lives of so many in our community,” said Missoula County Sheriff TJ McDermott. “Under the leadership of U.S. Attorney Alme, PSN was successfully launched in Missoula County in 2018, where law enforcement partners focused their efforts on prosecuting violent and dangerous offenders and providing addiction and substance abuse treatment options for end users. This collaboration significantly decreased violent crime in Missoula County for the first two years of the initiative leading up to the coronavirus pandemic. I am very thankful for Kurt’s efforts in bringing all of us together to help reduce violent crime in Missoula County,” McDermott said.
Alme also led PSN efforts to reduce demand for meth through improved treatment and prevention, joining with many nonprofit and governmental organizations to form coalitions in both Yellowstone and Missoula counties. Yellowstone Substance Abuse Connect developed a community plan to improve meth treatment and prevention in the county and is now implementing that plan. Missoula Substance Abuse Connect recently received a $248,000 grant from the Rocky Mountain High Intensity Drug Trafficking Area (RMHIDTA) to develop a meth treatment and prevention plan for that community.
“Kurt’s vision and leadership was the cornerstone in creating Yellowstone County's Substance Use Connect Coalition,” said Lenette Kosovich, CEO of Rimrock in Billings. “He saw first hand how the issues of meth related crime were negatively affecting our community and knew it would take all of us to create the solutions. Kurt's dedication and continual guidance to the work of the SAC catapulted all of us to work even harder to do better.”
To address both meth-related violent crime and opioid overdoses, Alme, together with Montana Attorney General Tim Fox and the Montana County Attorney’s Association, started the Montana Prosecuting Attorneys’ Drug Enforcement Coordinating Committee to coordinate drug enforcement activities by all law enforcement in Montana, and share information on drug trends and training.
Alme also served as Vice-Chair of the Executive Board of the RMHIDTA, which coordinates law enforcement agencies to address drug threats in a four-state region. In addition, Alme worked on national drug enforcement issues as a member of the Controlled Substances Subcommittee of the Attorney General’s Advisory Committee (AGAC).
“I have worked with Kurt on a broad range of public safety issues, from missing persons in Indian Country to our drug epidemic and have found him to be highly collaborative and engaged at every level,” said Bryan Lockerby, Administrator of the Division of Criminal Investigation at the Montana Department of Justice, and Chairman of the RMHIDTA. “Kurt has served thoughtfully as Vice-Chairman of RMHIDTA, stood up the Montana Prosecuting Attorney’s Drug Enforcement Coordinating Committee, and led the Project Safe Neighborhoods Initiatives. In my 40-year career, I’ve never worked with someone so committed to making our state safer and better,” Lockerby said.
To reduce opioid overdoses from pill diversion by health care workers, pharmacies and others with access to opioids, Alme started a statewide healthcare fraud task force composed of federal and state law enforcement. Alme also championed the DEA’s Take Back Days to help get unused pills out of bathroom cabinets and destroyed.
Alme served as Vice-Chair of the Native American Issues Subcommittee, the oldest and largest subcommittee of the AGAC. He prioritized communication and public safety issues with Montana’s tribal governments. During Kurt’s tenure, prosecutions of crimes from the six reservations where the federal government has primary felony jurisdiction increased. Before COVID hit Montana, Alme made more than 20 trips to Montana’s reservations to meet with tribal leaders about public safety, drug trafficking and abuse, missing and murdered indigenous persons (MMIP), and victim services. A dedicated AUSA meets monthly with multidisciplinary teams on the six reservations to ensure child abuse, rape and domestic violence cases are prosecuted and victims receive help.
Alme worked to ensure that federal drug enforcement funding, law enforcement resources, and criminal drug prosecutions on Montana’s reservations all increased.
Through Kurt’s leadership, Montana has been at the national forefront of addressing the issue of MMIP. Alme hired an experienced former FBI agent as the country’s first MMIP Coordinator, who, among other duties, has ensured that the lead law enforcement agency in missing Native American investigations is aware of all available federal resources, including FBI Rapid Deployment Teams. Alme chaired the U. S. Department of Justice MMIP Working Group, which created draft guides to develop Tribal Community Response Plans to improve responses in missing person cases. One of the first tribal partnerships to develop a Plan will be piloted on the Flathead Indian Reservation in Montana in December.
Under Kurt’s leadership, the USAO partnered with the Montana Department of Justice, FBI and Bureau of Indian Affairs to provide two statewide trainings for law enforcement on use of missing person databases and alerts, such as Amber Alerts, and for the public on what to do when a loved one goes missing. The USAO also partnered with tribal governments to provide training to community members on all seven of Montana’s reservations from the National Missing and Unidentified Persons System (NAMUS) on what to do when a loved one goes missing. The USAO is a member of the Montana Missing Indigenous Persons Task Force which, among other steps, has worked with its tribal representatives to ensure all missing tribal members are being looked for by including them in the state Missing Persons Clearinghouse.
With Kurt’s leadership, the USAO recently expanded its victim services plan to allow for earlier engagement with vulnerable child and female victims, and to work with tribal governments to expand victim services on the reservations. The U. S. Department of Justice recently awarded an additional victim services position to the USAO to implement the plan.
“I appreciate Kurt’s commitment to addressing the tragedy of missing and murdered Indigenous persons. Kurt’s collaboration and communication with Tribes, and his dedication to building strong partnerships, have served as exactly the type of leadership that was needed to combat MMIP,” said Confederated Salish and Kootenai Tribes’ Chairwoman Shelly Fyant.
Alme is a graduate of the University of Colorado and Harvard Law School. After graduation, he clerked for Montana U. S. District Judge Charles Lovell, was formerly a partner in the regional law firm now known as Crowley Fleck, served as Director of the Montana Department of Revenue under Governor Martz, and served as an AUSA and eventually First Assistant in the USAO.
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Man pleads not guilty to first degree murder on Crow Indian ReservationRead the Press Release
BILLINGS – A man pleaded not guilty today to an indictment charging him with first degree murder and other crimes in the shooting death of a victim and wounding of another victim on the Crow Indian Reservation, U.S. Attorney Kurt Alme said.
The indictment charges Taylor Leigh Plain Bull, 27, a transient, with first degree murder, assault with intent to commit murder and two counts of use of a firearm during and in relation to a crime of violence.
An indictment is merely an accusation, and Plain Bull is presumed innocent until proven guilty beyond a reasonable doubt.
The indictment alleges that on Oct. 24, on Blue Creek Road, on the Crow Indian Reservation, Plain Bull unlawfully killed a person identified as Jane Doe with malice aforethought and that he intentionally assaulted a person identified as John Doe with intent to commit murder. The indictment further alleges Plain Bull used a .45 caliber semi-automatic pistol in committing the crimes.
First degree murder carries a sentence of mandatory life in prison, a $250,000 fine and five years of supervised release. Assault with intent to commit murder carries maximum sentence of 20 years in prison, a $250,000 fine and three years of supervised release. The firearms charge carries a penalty of a mandatory minimum 10 years to life in prison consecutive to any other sentence, a $250,000 fine and five years of supervised release.
U.S. Magistrate Judge Timothy J. Cavan presided and ordered Plain Bull detained pending further proceedings.
The FBI investigated the case.
PACER case reference. 20-136.
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 Chiropractor and his Wife Plead Guilty to Tax EvasionRead the Press Release
A Montana chiropractor and his wife pleaded guilty today to tax evasion, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Department of Justice’s Tax Division and U.S. Attorney Kurt G. Alme for the District of Montana.
According to court documents and statements made in court, Jonathan Wilhelm, owned and operated Pro Chiropractic PC (Pro Chiro) and Big Sky Spinal Care Center Inc. (Big Sky). From 2013 through 2018, the Wilhelms directed payments to cash and then did not report the cash transactions on Pro Chiro’s and Big Sky’s books and records, which they provided to a return preparer to prepare the businesses’ tax returns. The Wilhelms knew that omitting the cashed checks and cash payments resulted in an understatement of taxable income totaling $284,691 for tax years 2013, 2014, 2015, 2017, and 2018. In total, the defendants caused a tax loss to the IRS of $74,486.
U.S. Magistrate Judge Kathleen L. DeSoto has scheduled a sentencing for March 12, 2021. At sentencing the defendants each face a maximum sentence of five years. The defendants also each face a period of supervised release, restitution, and monetary penalties.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Alme commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Assistant Chief Andrew Kameros and Trial Attorney Sarah Kiewlicz of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Man admits armed robbery of Billings convenience storeRead the Press Release
BILLINGS – A man today admitted allegations that he held up a convenience store in Billings and shot the clerk before leaving in a pickup truck, U.S. Attorney Kurt Alme said.
Darren Samuel Whiteman, 36, a transient, pleaded guilty to robbery affecting commerce and to possession of a firearm in furtherance of a crime of violence as charged in an indictment. Whiteman faces a maximum 20 years in prison, a $250,000 fine and three years of supervised release on the robbery charge and a mandatory minimum 10 years to life in prison, consecutive to any other sentence, a $250,000 fine and five years of supervised release on the firearm charge.
U.S. Magistrate Judge Timothy J. Cavan presided and ordered Whiteman detained pending further proceedings.
The prosecution said in court documents that on Nov. 24, 2019, the Billings Police Department responded to a robbery involving a firearm at the Gas n Go, at 800 Jackson Ave. During the robbery, the clerk was shot in the arm by the suspect, who possessed a pistol. Moments before firing, the victim reported that the suspect said, “Open the cash register. I’m robbing the place. Imma pop this bitch.” The suspect left the store immediately after firing the shot and was seen on surveillance footage leaving the area as a passenger in a pickup truck. Through the investigation, the BPD identified the suspect as Whiteman.
Assistant U.S. Attorney Colin Rubich is prosecuting the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Billings 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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Laurel man admits meth trafficking, firearm crimesRead the Press Release
BILLINGS – A Laurel man who estimated he sold nearly a pound a methamphetamine a week for the past year admitted drug trafficking and firearms crimes today after law enforcement found more than seven pounds of the drug in his residence, U.S. Attorney Kurt Alme said.
Robert Earnest Frazier II, 45, pleaded guilty to possession with intent to distribute meth and to possession of a firearm in furtherance of a drug trafficking crime. Frazier faces mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release on the drug crime and a mandatory minimum five years to life in prison consecutive to any other sentence on the firearms crime.
U.S. Magistrate Judge Timothy J. Cavan presided and ordered Frazier detained pending further proceedings.
In court documents filed in the case, the prosecution said law enforcement agents used a confidential informant to make two controlled drug purchases of about two ounces of meth each time from Frazier. On Feb. 19, 2019, agents executed a search warrant on Frazier’s residence and vehicle. In the residence, agents found about seven pounds of meth, marijuana, drug paraphernalia and firearms. Two pistols were found in the same safe in which Frazier stored meth. In Frazier’s vehicle, agents found another large stash of meth, marijuana and drug paraphernalia.
In a recorded statement, Frazier admitted to being a meth distributer and estimated he had sold nearly one pound of meth a week for the last year. Frazier also said he received a 10-pound delivery of meth the last week and that what agents found was what was left. In all, Frazier estimated he had received three shipments of meth totaling 37 to 40 pounds. Forty pounds of meth is the equivalent of about 144,960 doses.
Assistant U.S. Attorney Colin Rubich is prosecuting the case, which was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force.
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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Lame Deer man sentenced more than 10 years in prison in attempted sexual abuse of minorRead the Press Release
BILLINGS—A Lame Deer man who admitted attempting to sexually abuse a minor was sentenced today to 10 years and one month in prison and 10 years of supervised release, U.S. Attorney Kurt Alme said.
Jason Jay Tallbull, 39, pleaded guilty on June 18 to attempted sexual abuse of a minor.
U.S. District Judge Susan P. Watters presided.
The prosecution said in court records that in December 2018, Tallbull and the victim, a boy between the ages of 12 and 16, were at Tallbull’s residence on the Northern Cheyenne Indian Reservation. Both Tallbull and the victim were drinking. At some point, the victim tried to leave, but Tallbull made a sexually-charged comment, overpowered the victim and knocked him out. When the victim woke up, he was wearing different clothing and had injuries. He underwent a sexual assault examination.
When interviewed by the FBI, Tallbull said he and the victim had been drinking. He did not remember exactly what occurred, but that he felt like something happened. Tallbull admitted he was probably physically attracted to the victim.
Assistant U.S. Attorney Bryan Dake prosecuted the case, which was investigated by the FBI.
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Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Nov. 17 was:
Jerard David Threefingers, 31, of Lame Deer, on charges of involuntary manslaughter. If convicted of the most serious crime, Threefingers faces a maximum eight years in prison, a $250,000 fine and three years of supervised release. Threefingers was released pending further proceedings. The Bureau of Indian Affairs investigated the case. PACER case reference. 20-101.
Appearing and pleading not guilty Nov. 19 was:
Tyler Nathaniel Patterson, 26, of Billings, on charges of false statement during firearms transaction and illegal receipt of a firearm by a person under indictment. If convicted of the most serious crime, Patterson faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Patterson was released pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 20-127.
Kaycee Nicole Kolka, 26, of Billings, on charges of prohibited person in possession of a firearm. If convicted of the most serious crime, Kolka faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Kolka was released pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 20-126.
Jennifer Lee Adams, 41, of Billings, on charges of false statement during a firearms transaction. If convicted of the most serious crime, Adams faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Adams was released pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 20-118.
Gary Lee Paul Adams, 38, of McCammon, Idaho, on charges of felon in possession of a firearm. If convicted of the most serious crime, Adams faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Adams was released pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives, Gallatin County Sheriff’s Office and Manhattan Police Department investigated the case. PACER case reference. 20-27.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Nov. 17 was:
Laura Ann Matye, 42, of Great Falls, on charges of conspiracy to possess with intent to distribute heroin and possession with intent to distribute heroin. If convicted of the most serious crime, Matye faces a maximum 20 years in prison, a $1 million fine and three years of supervised release. Mayte was released pending further proceedings. The Department of Homeland Security and Great Falls Police Department investigated the case. PACER case reference. 20-80.
Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on Nov. 17 was:
Scott George Michael Daniels, 31, of Kalispell, on charges of conspiracy to distribute drugs, possession with intent to distribute drugs and prohibited person in possession of a firearm. If convicted of the most serious crime, Daniels faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. Daniels was released pending further proceedings. The FBI investigated the case. PACER case reference. 20-46.
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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First degree murder, assault and firearms charges filed against man in Crow Indian Reservation shootingRead the Press Release
BILLINGS – An indictment filed in U.S. District Court on Thursday charges a Pryor man suspected in the fatal shooting of a woman and wounding of a man on the Crow Indian Reservation with murder, assault and firearms crimes, U.S. Attorney Kurt Alme said today.
The indictment charges Taylor Leigh Plain Bull, 27, with first degree murder, assault with intent to commit murder and two counts of use of a firearm during and in relation to a crime of violence.
The indictment alleges that on Oct. 24, on Blue Creek Road, on the Crow Indian Reservation, Plain Bull unlawfully killed a person identified as Jane Doe with malice aforethought and that he intentionally assaulted a person identified as John Doe with intent to commit murder. The indictment further alleges Plain Bull used a .45 caliber semi-automatic pistol in committing the crimes.
First degree murder carries a sentence of mandatory life in prison, a $250,000 fine and five years of supervised release. Assault with intent to commit murder carries maximum sentence of 20 years in prison, a $250,000 fine and three years of supervised release. The firearms charge carries a penalty of a mandatory minimum 10 years to life in prison consecutive to any other sentence, a $250,000 fine and five years of supervised release.
An indictment is merely an accusation, and Plain Bull is presumed innocent until proven guilty beyond a reasonable doubt.
An arraignment on the indictment is scheduled for Nov. 23. Plain Bull is detained.
The FBI investigated the case.
PACER case reference. 20-136.
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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Missoula Substance Abuse Connect receives $248,000 grant to develop meth prevention, treatment planRead the Press Release
MISSOULA—Missoula Substance Abuse Connect, a coalition created to develop a comprehensive community plan to reduce substance abuse, including methamphetamine-related violent crime, in Missoula County, has received a $248,000 federal grant as part of an overall initiative to fight violent crime, U.S. Attorney Kurt Alme said.
The Office of National Drug Control Policy awarded initial funding of $248,000 through 2021 to the Rocky Mountain High Intensity Drug Trafficking Area (HIDTA). Rocky Mountain HIDTA allocated the funds to the Missoula Police Department. The MPD will administer the grant through United Way of Missoula County, which is leading the Missoula Substance Abuse Connect effort.
Missoula Substance Abuse Connect is a coalition of more than 40 non-profit, business and government organizations working to reduce demand for meth by developing a drug prevention, treatment and recovery support plan for the community. The coalition was organized through the leadership of United Way and Project Safe Neighborhoods (PSN), a U.S. Department of Justice initiative reinvigorated two years ago to reduce violent crime through enforcement and prevention.
Violent crime increased 49% from 2011 to 2017 in Missoula County. PSN, which focuses on prosecuting meth dealers, armed robbers, and violent offenders with firearms, began at the end of April 2018. Over the next two years, murders, robberies and aggravated assaults decreased 25 percent. Since COVID-19 arrived, however, those same violent crimes increased 40% for the seven months of April through October when compared with the same period last year.
As part of PSN Missoula County, federal, state and local law enforcement unanimously identified meth as the leading cause of the increase in violent crime. Since COVID-19 began, Millenium Health reported in July that urinalysis positivity rates for meth increased 34% in Montana.
“We are pleased the community received this grant, which funds an important part of PSN’s goal to reduce violent crime. Strong enforcement by our federal, state and local enforcement partners is critical to shutting down meth trafficking organizations that push this highly addictive drug, but it is not enough. We also need prevention and treatment services to help reduce demand. We are pleased to be part of Missoula Substance Abuse Connect.” U.S. Attorney Alme said.
“Drug enforcement is more effective if done in partnership with prevention and treatment programs that reduce demand. An epidemic of substance abuse – particularly meth use – is overwhelming local courts, jail and hospitals and is ravaging families. We must break this terrible cycle by providing greater access to effective prevention and treatment programs and support for people in recovery,” said Susan Hay Patrick, chief executive officer of United Way of Missoula County.
“This is an incredible opportunity for our community to collaborate on one of the most pressing challenges of our time—methamphetamine. Working together, we can prevent youngsters from ever using meth, provide local treatment for those struggling with addiction and prosecute and bring to justice drug dealers who come here to push meth,” said Missoula County Attorney Kirsten Pabst.
“The Missoula Police Department is proud to be a part of Missoula Substance Abuse Connect. We look forward to the prevention and treatment opportunities this program will provide our community. Missoula Substance Abuse Connect, coupled with our enforcement efforts with our law enforcement partners, will help us reduce drug-related crimes in Missoula,” Missoula Police Chief Jaeson White said.
“The Missoula County Sheriff’s Office looks forward to this partnership with the United Way to provide assistance through Missoula Substance Abuse Connect to those in our community who are dealing with addictions and substance abuse issues. I’d also like to thank United Way of Missoula CEO Susan Hay Patrick for her efforts on this project,” Missoula County Sheriff TJ McDermott said.
Missoula Substance Abuse Connect will be managed by United Way of Missoula County and a volunteer board of business and community leaders. The project director is Shannan Sproull, who is an authority on substance abuse prevention with decades of experience in the public and private sectors. The project chair is Janna Lundquist, a respected organizational consultant and former United Way board president with an extensive background in business and nonprofit leadership. Project leaders are recruiting an executive committee and working group from among the 40 public and private coalition member organizations.
PSN Missoula County’s partners include the U.S. Attorney’s Office; Missoula County Attorney’s Office; Montana Department of Justice’s Prosecution Services Bureau, Highway Patrol and Division of Criminal Investigation; the Montana Department of Correction’s Adult Probation and Parole Division; the Missoula Police Department; the Missoula County Sheriff’s Office; Alcohol, Tobacco, Firearms and Explosives; Drug Enforcement Administration; FBI, Homeland Security Investigations and the U.S. Marshal’s Service.
For more information about Missoula Substance Abuse Connect, contact Susan Hay Patrick, CEO, United Way of Missoula County, [email protected]; 406-360-0596.
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Jury convicts Wolf Point man of assaulting, abusing minorRead the Press Release
Great Falls – A federal jury today convicted a Wolf Point man accused of assaulting and abusing a minor on the Fort Peck Indian Reservation, U.S. Attorney Kurt Alme said.
After a three-day trial that began on Nov. 17, the jury found Luke John Scott, Sr., 33, guilty of assault resulting in serious bodily injury and felony child abuse.
Scott faces a maximum sentence of a minimum mandatory 10 years to 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, 2021 and ordered Scott detained.
“One of the most important obligations we have as a society is protecting our children. Those who harm them, like Mr. Scott, will be held accountable. I want to thank Assistant U.S. Attorney Kalah Paisley, the FBI and Fort Peck Law Enforcement Services for their investigation and prosecution of this case,” U.S. Attorney Alme said.
The prosecution presented evidence in court documents and at trial that in March 2019 in Wolf Point, Scott assaulted a minor child, who was under the age of 18, by repeated blunt force trauma to the face and strangulation. The victim was treated for serious injuries.
Assistant U.S. Attorney Kalah Paisley prosecuted the case, which was investigated by the FBI and Fort Peck Law Enforcement Services.
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Great Falls meth, heroin dealer sentenced to prisonRead the Press Release
GREAT FALLS — A Great Falls man, whom law enforcement officers revived from a drug overdose and later arrested after a chase, was sentenced today to six years in prison and four years of supervised release for trafficking methamphetamine and heroin in the community, U.S. Attorney Kurt Alme said.
Russell Robert Moddison, 48, pleaded guilty on Aug. 19 to possession with intent to distribute controlled substances.
Chief U.S. District Judge Brian M. Morris presided.
The prosecution said in court documents filed in the case that for months, the Russell Country Drug Task Force had been receiving reports that Moddison was trafficking drugs in Great Falls. On Feb. 19, Great Falls police officers responded to a residence for a report of a man who was unresponsive with blue lips. Officers saw Moddison on the floor and an unidentified male attempting to give him CPR. Officers took over the CPR. A female told officers that Moddison could have taken drugs and had asthma. Officers gave Moddison a dose of Narcan and continued chest compressions until medical responders arrived. Moddison began to wake up and mumble. The other people in the residence fled at that point, and Moddison was taken to the hospital for further treatment.
Probation and parole officers searched the residence and found $5,955 in Moddison’s wallet, drug paraphernalia and small amounts of meth in his car.
A few weeks later, officers got into a chase with Moddison and found him in possession of meth and heroin and $5,620 in cash.
Assistant U.S. Attorney Jessica Betley prosecuted the case, which was investigated by the Drug Enforcement Administration, the Great Falls Police Department and the Russell Country Drug 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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Ballantine meth traffickers sentenced to prisonRead the Press Release
BILLINGS — A man and woman who admitted possessing methamphetamine to sell after law enforcement officers found the drug hidden under carpeting in their Ballantine residence were sentenced today to prison terms, U.S. Attorney Kurt Alme said.
William Curtis Hill, Jr, 39, of Bozeman, and Christine Jean Reiling, 43, of Park City, each pleaded guilty on June 25 to possession with intent to distribute meth.
Hill was sentenced to seven years in prison and five years of supervised release.
Reiling was sentenced to three years in prison and four years of supervised release.
U.S. District Judge Susan P. Watters presided.
The prosecution said in court documents that on Feb. 22, 2019, law enforcement received permission to search Hill and Reiling’s residence for a fugitive. During the search, officers pulled back loose carpeting in the master bedroom and found a clear bag containing 28.1 grams of meth. Officers also found a smaller bag of meth in a spare bedroom. In a subsequent search, officers found another small bag of meth, marijuana and drug paraphernalia. Hill and Reiling both told officers the meth found in the master bedroom had been given to them to sell by two of Reiling’s friends. Hill said he hid the meth under the carpet.
Assistant U.S. Attorney Karla Painter prosecuted the case, which was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. 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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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 Nov. 12 was:
Reuben Charles Blackwolf, 44, of Box Elder, on charges of second-degree murder and assault resulting in serious bodily injury. If convicted of the most serious crime, Blackwolf faces a maximum life in prison, a $250,000 fine and five years of supervised release. Blackwolf was detained pending further proceedings. The FBI and Bureau of Indian Affairs investigated the case. PACER case reference. 20-120.
Antoine Robert Threefingers, 36, of Lame Deer, on charges of assault on a federal officer, assault with a deadly weapon, possession of a firearm in a violent crime, possession with intent to distribute meth and prohibited person in possession of a firearm. If convicted of the most serious crime, Threefingers faces a minimum mandatory 10 years to life in prison, a $250,000 fine and five years of supervised release. Threefingers was detained pending further proceedings. The FBI and Bureau of Indian Affairs investigated the case. PACER case reference. 20-131.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Nov. 10 was:
Chase Zachary Taylor Estes, 22, of Helena, on charges of false statement during a firearms transaction and receipt of a firearm while under indictment. If convicted of the most serious crime, Estes faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Estes was released pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Lewis and Clark County Sheriff’s Office investigated the case. PACER case reference. 20-12.
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 man of stealing firearm from Helena pawn shopRead the Press Release
GREAT FALLS – A federal jury on Tuesday convicted a man accused of stealing a firearm from a pawn shop in Helena, U.S. Attorney Kurt Alme said.
After a two-day trial that began on Monday, the jury found Jeffrey Robert Igoe, 60, a transient, guilty of possession of a stolen firearm and unlawful taking of firearm from licensed firearm dealer. Igoe faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release.
Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris set sentencing for March 10, 2021 and ordered Igoe detained.
“Stealing a handgun can lead to a dangerous situation. I want to thank Assistant U.S. Attorney Jennifer Clark, the Helena and Bozeman police departments and the Bureau of Alcohol, Tobacco, Firearms and Explosives for investigating and prosecuting the case,” U.S. Attorney Alme said.
In court documents and at trial, the prosecution said the evidence showed that on Jan. 6, Igoe entered Modern Pawn in Helena and spoke with the manager. Igoe asked the manager to look up information on the computer. While the manager was doing that, Igoe went out of the manager’s sight, opened a glass display case, removed a firearm and put it in his pocket. Igoe then closed the display case and left the store.
The manager thought it was odd that Igoe left without the information he requested, so he reviewed the surveillance video. The video showed Igoe opening the glass case and taking the firearm, a 9mm Sig Sauer. The manager called law enforcement, which issued a notice to look out for Igoe. A Bozeman police officer located Igoe later the same day, detained him and found the firearm during a search.
Assistant U.S. Attorney Jennifer Clark prosecuted the case, which was investigated by the Helena Police Department 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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Billings man who sexually assaulted a minor through coercion sentenced to 10 years in prisonRead the Press Release
BILLINGS – A Billings man who admitted sexually assaulting a minor girl after he lied about his age was sentenced today to 10 years in prison and to 15 years of supervised release, U.S. Attorney Kurt Alme said.
James Robert Patterson, 22, pleaded guilty to coercion and enticement on July 7.
U.S. District Judge Dana L. Christensen presided and ordered Patterson detained.
The prosecution said in court documents filed in the case that Patterson began communicating in April 2018 with the victim, a minor under the age of 16, using SnapChat and other social media applications. Patterson falsely led the victim to believe he was 16 and sent her sexually explicit pictures of himself. The on-line communications continued, and in June 2018 in Park City, the victim met Patterson in his car. Patterson sexually assaulted the victim and told her not to tell anyone.
Patterson later acknowledged he had sexual intercourse with the victim multiple times and told the victim not to tell anyone because he knew she was a minor and he was 20 years old at the time. Patterson admitted meeting the victim online and acknowledged having an interest in younger girls.
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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Sexually exploiting minor girl sends Big Arm man to prison for 20 yearsRead the Press Release
MISSOULA — A Big Arm man who admitted making child pornography videos and sending an image to an undercover agent was sentenced today to 20 years in prison and 10 years of supervised release and was ordered to pay $43,307 restitution to the victim, U.S. Attorney Kurt Alme said.
Billy Dean Smith, 56, pleaded guilty on July 23 to sexual exploitation of a child.
U.S. District Judge Donald W. Molloy presided.
In court documents filed in the case, the prosecution said that in January, an undercover FBI agent was investigating a KIK chat group known to exchange child pornography. KIK is a mobile phone app that allows users to exchange instant messages over the internet. In messages exchanged with the undercover agent, Smith described sexually abusing a girl, who was under the age of 18. Smith sent a sexually explicit image of the victim to the undercover agent. Agents obtained a search warrant for Smith's cell phone, seized it and analyzed its contents. A forensic examiner located the sexually explicit image that Smith had sent the agent. The examiner also located other videos and images of the victim. The images were created in January and February using the cell phone. Smith admitted he had filmed the sexually explicit videos of the victim.
Assistant U.S. Attorney Cyndee Peterson prosecuted the case, which was investigated by the FBI, the Internet Crimes Against Children Task Force, the Flathead County Sheriff’s Office and Homeland Security Investigations.
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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Jury convicts North Dakota man of meth trafficking crimesRead the Press Release
GREAT FALLS – A federal court jury today convicted a North Dakota man of methamphetamine trafficking crimes after investigators seized nearly two pounds of meth that were hidden in a pinata and a jar of peanut butter, U.S. Attorney Kurt Alme said.
After a three-day trial that began on Nov. 4, a jury found Christopher Michael Stebbins, 53, of Williston, N.D., guilty of conspiracy to possess with intent to distribute meth and with attempted possession with intent to distribute meth.
Stebbins faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release on each crime.
Chief U.S. District Judge Bryan M. Morris presided. Chief Judge Morris set sentencing for March 4, 2021 and ordered Stebbins detained.
“Pinatas are meant to be stuffed with candy, not meth,” U.S. Attorney Alme said. “Mr. Stebbins worked with others to bring large amounts of this poison to Montana communities, including the Fort Peck Indian Reservation. Organizations that push meth will be broken up, and we will stop their spread. I want to thank Assistant U.S. Attorney Jeff Starnes, the FBI, the U.S. Postal Service and the Merced, CA, Police Department for their work on this case.”
The prosecution presented evidence at trial that on Nov. 8, 2019, Don Fred Baldwin, of Merced, CA, mailed almost two pounds of meth to Stebbins to an address of a residence in Brockton, located on the Fort Peck Indian Reservation. The meth was hidden in a jar of peanut butter and inside a “cop dog” pinata. Law enforcement officers intercepted the package, obtained a search warrant and found 1.7 pounds of meth inside the pinata and the peanut butter jar. The quantity of meth seized is the equivalent of about 6,208 doses.
Baldwin was convicted in a companion case of meth distribution and was sentenced in September to six years in prison.
A witness told law enforcement officers that Stebbins received meth from Baldwin and that the shipments were usually one-pound quantities. Baldwin typically shipped the meth to Stebbins’ home in Williston and that the Nov. 8 package was the only shipment to the Brockton residence. The witness said Stebbins would send Baldwin cash for the drugs, which Baldwin would then send to Stebbins. Stebbins would re-package the meth to sell to others.
Assistant U.S. Attorney Jeff Starnes prosecuted the case, which was investigated by the FBI, U.S. Postal Service and the Merced, CA, 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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Jury convicts Missoula CPA of filing false tax returnsRead the Press Release
MISSOULA – A federal jury on Thursday found a Missoula accountant guilty of crimes in a scheme in which he filed false tax returns on a couple's businesses by skimming cash and deducting personal expenses like vacations, home improvements and water craft as business expenses, U.S. Attorney Kurt Alme said today.
After a four-day trial that began on Nov. 2, the jury convicted Daniel Brian Burke, 62, of six counts of aiding and assisting to subscribing to a false document.
Burke faces a maximum of three years in prison, a $100,000 fine and three years of supervised release on each count.
U.S. District Judge Dana L. Christensen presided and set sentencing for March 11, 2021. Burke remains on release pending further proceedings.
"Our system depends on all of us paying our fair share of taxes. Accountants and other tax preparers have a particular responsibility to their clients and to our country to advise their clients to follow the law. When someone abuses that trust and helps clients cheat on their taxes, they will be investigated and prosecuted. I want to thank Assistant U.S. Attorneys Ryan Weldon and Karla Painter for prosecuting the case and the IRS Criminal Investigation Division for its investigation," U.S. Attorney Alme said.
“Last night’s conviction of CPA Daniel Burke for helping his clients file false federal tax returns is a victory for all taxpayers,” said IRS-CI Special Agent in Charge Andy Tsui. “The public should expect all tax and accounting professionals to guide their clients to legal and honest financial outcomes. Instead, Mr. Burke used his position as a CPA to break the law, and he will now face the consequences of his actions.”
In evidence presented at trial, the prosecutors said Burke signed false tax returns along with co-defendants and clients, Traci and Joseph Baumgardner, owners of AJB, Inc., for years 2011 to 2013. In total, the Baumgardners reported gross receipts of $5,001,374 and paid federal taxes totaling $10,066 for the time. Traci and Joseph Baumgardner each pleaded guilty to a conspiracy count and testified against Burke. The Baumgardners were each sentenced in June to three years of probation and ordered to pay $89,918 restitution.
Through AJB, the Baumgardners operated two businesses, Splash Car Wash, in Missoula and Hamilton, and Pro Sweeps Plus, an industrial maintenance service. Burke, a certified public accountant, owned and operated Burke and Company, P.C., and prepared corporate and individual tax returns for the Baumgardners.
Prosecutors said an undercover investigation by the IRS showed evidence of two theories for the false returns. In one theory, Burke instructed the Baumgardners not to deposit cash in the bank or report it as income as required. A search conducted by the IRS found $50,000 cash in a safe owned by the Baumgardners.
In the second theory, the Baumgardners deducted personal expenses as business expenses. The deducted personal expenses included vacations to Florida, Hawaii, Las Vegas, the Bahamas and Dallas; residential expenses like utilities, remodeling and house cleaning; retail purchases at various stores; recreational purchases like boats, dune buggies and water craft; and a country club membership.
Prosecutors further presented evidence that the Baumgardners and Burke depreciated assets at 100 percent of business use, disguised items, like a boat as a “sweeper,” and double depreciated assets. Entertainment items, like boats and dune buggies, are not deductible.
An undercover IRS agent met with Burke and in a recorded interview, Burke demonstrated his knowledge of skimming cash and deducting personal expenses as business expenses. At one point, Burke asked the agent, “You're not an undercover agent from the IRS or anything?” The agent responded no. Burke told the agent how to avoid taxes.
Assistant U.S. Attorneys Ryan Weldon and Karla Painter prosecuted the case, which was investigated by the IRS.
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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 Nov. 4 was:
Jason John Stang-Parker, 32, of Shepherd, on charges of theft from a federal licensee and possession of a stolen firearm. If convicted of the most serious crime, Stang-Parker faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Stang-Parker was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 20-130.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Nov. 3 was:
Brandon Lee Main, 41, of Harlem, on charges of possession with intent to distribute meth. If convicted of the most serious crime, Main faces a maximum 20 years in prison, a $1 million fine and three years of supervised release. Main was detained pending further proceedings. The FBI and Fort Belknap Police Department investigated the case. PACER case reference. 20-79.
Leonard James Hilton, 34, of Great Falls, on charges of possession of a firearm by an unlawful user of a controlled substance. If convicted of the most serious crime, Hilton faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Hilton was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives 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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Former Ennis pharmacist sentenced to prison, fined for opioid distributionRead the Press Release
MISSOULA – A former Ennis pharmacist who admitted dispensing opioids to himself and to a friend using forged or altered prescriptions was sentenced today to five months in prison, followed by five months of home confinement, three years of supervised release and was fined $4,500, U.S. Attorney Kurt Alme said.
Bradley John Stoick, 70, of Hailey, Idaho, pleaded guilty on July 30 to dispensing a controlled substance by a practitioner and to acquiring or obtaining a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge.
U.S. District Judge Donald W. Molloy presided. Judge Molloy allowed Stoick to self report to prison.
“Mr. Stoick abused his position as a pharmacist to fraudulently prescribe himself opioids and to illegally send opioids to a friend. Health care professionals and other licensed providers must comply with the law in dispensing all drugs, especially opioids, and they will be held accountable if they don’t,” U.S. Attorney Alme said.
The prosecution said in court records that Stoick was the pharmacist-in-charge of Ennis Pharmacy in Ennis. In 2019, Drug Enforcement Administration investigators conducted a routine administrative inspection of Ennis Pharmacy and discovered numerous prescriptions for Stoick for Norco 10-325mg, a drug which contains Hydrocodone, a powerful opioid and a Schedule II controlled substance. Stoick filled those prescriptions for himself as the on-duty pharmacist. The doctor whose name and signature were on those prescriptions never saw Stoick as a patient and did not issue any of those prescriptions.
In addition, pharmacy records showed that Stoick altered a prescription for a friend. He modified the strength of the prescription from Norco 5-325mg up to Norco 10-325mg, which contains twice as much Hydrocodone. He also increased the amount of the prescription from 45 pills to 120 pills. Stoick then filled the prescription himself and mailed it to his friend in Utah.
In a separate civil case settled in July, Ennis Pharmacy agreed to pay a $125,000 fine and make several changes to its operating procedures.
Assistant U.S. Attorney Michael A. Kakuk prosecuted the case, which was investigated by the DEA.
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New York man sentenced to prison in $1.6 million investment fraudRead the Press Release
MISSOULA — A New York man who admitted defrauding investors, including a Montana resident, in a $1.6 million scheme was sentenced today to three years in prison, three years of supervised release and ordered to pay $1,643,073 restitution, U.S. Attorney Kurt Alme said.
Christopher Fulco, 44, of Staten Island, N.Y., also known as Christian Anthony, pleaded guilty on July 17 to mail fraud, money laundering and securities fraud.
U.S. District Judge Donald W. Molloy presided. Fulco was released and allowed to self-report to prison.
“Montanans are used to taking people at their word. Those who exploit that trust to commit fraud will be caught, prosecuted and jailed,” U.S. Attorney Alme said.
In court documents filed in the case, the prosecution said Fulco, operating as JM Capital in New York, took money from 11 victims in a scheme that ran from 2014 to 2019. Fulco solicited funds in exchange for shares of stock in two companies, identified as Company 1 and Company 2. Fulco failed to obtain any shares of stock, and instead, spent the money on himself. One of Fulco’s victims is a Montana resident. When Fulco’s victims agreed to buy stock from him, Fulco deposited their money into his JM Capital Citibank account. He was the only signor on the account. Bank records indicated that Fulco spent the money on himself, including making large cash deposits and debit card transactions at casinos in Atlantic City.
At sentencing, Judge Molloy noted that Fulco was responsible for defrauding the Montana investor of more than $350,000.
Assistant U.S. Attorney Tim Racicot prosecuted the case, which was investigated by the FBI.
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Billings resident sentenced to prison for trafficking methRead the Press Release
BILLINGS — A Billings man who admitted supplying methamphetamine to others in the community was sentenced today to four years in prison and five years of supervised release, U.S. Attorney Kurt Alme said.
Lynn Robert Kuntz, 46, pleaded guilty to possession with intent to distribute meth on May 28.
U.S. District Judge Susan P. Watters presided.
The prosecution said in court documents that in June 2019, drug task force officers learned that a co-defendant, Shawna Bercier, was distributing meth from her workplace in Laurel. Agents set up two controlled purchases with Bercier. In the second purchase, another co-defendant, Patrick Cleveland, provided Bercier with the meth she sold to a confidential informant. Agents followed Cleveland to a Billings residence, which was familiar to agents from previous drug investigations. Agents knew Kuntz lived at this residence and was identified as a meth supplier. Investigators executed a search warrant on Kuntz’s residence and found meth and $7,729 in cash
Cleveland was sentenced in June to six years in prison for his conviction in the case. Bercier has pleaded guilty to charges and is awaiting sentencing.
Assistant U.S. Attorney Julie Patten prosecuted the case, which was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 36% from 2013 to 2018. 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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U.s. Attorney Kurt Alme Announces $2.23 Million to Combat Violent Crime in MontanaRead the Press Release
BILLINGS – U.S. Attorney Kurt Alme today announced more than $2.23 million in Department of Justice grants to fight and prevent violent crime in the District of Montana. The grants, awarded by the Department’s Office of Justice Programs (OJP), are part of more than $458 million in funding to support state, local, and tribal law enforcement efforts to fight and prevent violent crime in jurisdictions across the United States.
“One of the fundamental missions of government is to protect its citizens and safeguard the rule of law,” said Attorney General William P. Barr. “The Department of Justice will continue to meet this critical responsibility by doing everything within its power to help our state, local and tribal law enforcement and criminal justice partners fight crime and deliver justice on behalf of all Americans.”
The funding announced today continues the Trump Administration’s commitment to reducing crime and improving public safety. In the two years before President Trump took office, America had experienced a precipitous rise in crime, particularly in serious violent crime. The President elevated community safety to the top of his domestic agenda and crime rates have fallen steadily since. Recent data from the FBI and the Bureau of Justice Statistics for 2019 show a drop in crime and serious victimization for the third year in a row. However, a number of cities are experiencing conspicuous countertrends. Today’s grants will bolster crime-fighting efforts in those communities and in jurisdictions throughout the United States.
“Violence has become a tragic reality in too many of America’s communities,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “Working with officials across the Trump Administration and with thousands of state, local and tribal crime-fighters across the country, the Department of Justice is leading the response to this urgent challenge. OJP is pleased to make these resources available to support innovative, tested and diverse solutions to violent crime.”
“In 2019, Montana saw an 8.1 percent increase in violent crime according to the FBI’s Uniform Crime Reports. These grants will help local, state and tribal law enforcement agencies combat it and protect our citizens and communities. I am pleased to announce these awards for Montana,” U.S. Attorney Alme said.
Of the more than $458 million awarded nationwide, OJP’s Bureau of Justice Assistance made 1,094 grants totaling more than $369 million to support a broad range of initiatives including efforts in enforcement, prosecution, adjudication, detention and rehabilitation.
OJP’s Office of Juvenile Justice and Delinquency Prevention awarded more than $10 million across 24 jurisdictions to intervene in and suppress youth gang activity as well as $1 million to the Institute for Intergovernmental Research to continue operating the National Gang Center. OJP’s National Institute of Justice awarded $7.3 million to fund research and evaluation on the prevention and reduction of violent crime. OJP’s Bureau of Justice Statistics provided more than $69 million to strengthen the quality and accessibility of records within the National Instant Criminal Background Check System.
The following Montana organizations received funding:
- BJA Edward Byrne Justice Assistance Grant, local and tribal: $344,743
- Cascade County/Great Falls, $31,610
- Lewis and Clark County, $12,446
- Helena, $26,658
- Missoula County, $12,403
- Missoula, $46,037
- Yellowstone County, $13,135
- Billings, $71,102
- Blackfeet Tribe, $15,461
- Bozeman, $16,839
- Butte-Silver Bow City and County, $18,949
- Chippewa-Cree Tribe, $11,499
- Flathead County, $24,720
- Gallatin County, $11,456
- Lake County, $11,585
- Kalispell, $10,120
- Roosevelt County, $10,723
- BJA Edward Byrne Justice Assistance Grant, state, Montana, $877,225
- BJA Project Neighborhoods: Montana, $92,945
- Project Guardian, Yellowstone County, $216,755
- National Criminal History Improvement Program, Montana Department of Corrections, Montana Board of Crime Control, $700,000
For a complete list of individual grant programs, award amounts, and jurisdictions that will receive funding, click here. More information about OJP and its components can be found at www.ojp.gov.
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- BJA Edward Byrne Justice Assistance Grant, local and tribal: $344,743
Methamphetamine trafficker from Mexico sentenced to eight years in prisonRead the Press Release
MISSOULA — A Sinaloa, Mexico drug trafficker who brought pounds of methamphetamine, along with heroin and oxycodone pills containing fentanyl, to Montana for distribution was sentenced on Oct. 29 to eight years in prison and five years of supervised release, U.S. Attorney Kurt Alme said today.
Ricardo Ramos Medina, 34, pleaded guilty on June 25 to conspiracy to possess with intent to distribute controlled substances.
U.S. District Judge Dana L. Christensen presided.
The prosecution said in court documents that law enforcement learned Medina was distributing large amounts of meth in and around Montana and directed others to wire money back to Mexico. The conspiracy ran from about January 2019 to March 2020. Investigators conducted undercover buys from Medina, including purchases of meth, heroin and counterfeit oxycodone pills containing fentanyl.
In March, Medina was attempting to collect drug debts owed to him from various drug traffickers in the Butte area. Medina “fronted” the meth to co-conspirators, and he returned to Montana to collect the money from them. On March 18, law enforcement officers stopped Medina and found he was in possession of two pounds of meth.
In a sentencing memo, the prosecution said Medina was responsible for 16 pounds of meth, which is the equivalent of about 57,984 doses.
Assistant U.S. Attorney Ryan Weldon prosecuted the case, which was investigated by the Drug Enforcement Administration, the U.S. Postal Service, Homeland Security Investigations, Montana Division of Criminal Investigation and Butte-Silver Bow Police.
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 36% from 2013 to 2018. 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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Shooting over methamphetamine deal sends Rosebud man to prisonRead the Press Release
BILLINGS — A Rosebud man who admitted shooting a man he believed had shorted him in a $20 methamphetamine deal was sentenced today to five years in prison and three years of supervised release, U.S. Attorney Kurt Alme said.
Anthony Shoulderblade, 33, pleaded guilty on June 4 to assault with a dangerous weapon.
U.S. District Judge Susan P. Watters presided.
The prosecution said in court documents filed in the case that on Dec. 21, 2018, a Bureau of Indian Affairs officer responded to a report of a male who had been shot in the Muddy Cluster subdivision on the Northern Cheyenne Indian Reservation. Witnesses said Shoulderblade had shot the victim, who was being transported to Lame Deer in a Nissan. The officer located the Nissan and assisted the victim, who had a gunshot wound about the size of a 9mm bullet in his abdomen. The Nissan’s driver told the officer that Shoulderblade had shot the victim and then fled. The victim ultimately was transported to a Billings hospital for treatment.
The victim told an investigator that he was driving with two others when someone flashed him down. He said he pulled over, exited his car and went to the passenger side of the vehicle, where Shoulderblade was seated. The victim said he was speaking with Shoulderblade when he suddenly felt his leg taken out from underneath him. The victim said he had been shot with what he believed was a 9mm handgun.
About two months later, law enforcement located Shoulderblade, who admitted he shot the victim after the victim had shorted him in a drug transaction. Shoulderblade said he had purchased $20 worth of meth from the victim but received only $10 worth of product.
Assistant U.S. Attorney Karla Painter prosecuted the case, which was investigated by the FBI.
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Missoula man admits aiming laser pointer at airplane on approach to Great FallsRead the Press Release
GREAT FALLS – A Missoula man today admitted he aimed a laser beam at an airplane as it was approaching the Great Falls airport, U.S. Attorney Kurt Alme said.
Brian John Loven, 42, pleaded guilty to aiming a laser pointer at an aircraft. Loven 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. Chief Judge Morris set sentencing for Feb. 25, 2021. Loven was released.
The prosecution said in court documents that at about 9:40 p.m. on March 3, two pilots operating a SkyWest flight reported that on their descent to the Great Falls airport, the plane was hit with a bright green laser that lit up the cockpit. The pilots reported that the incident occurred on the east end of town in the area of Giant Springs State Park.
Cascade County Sheriff’s deputies dispatched to the area located a Jeep driving slowly through the parking lot of Heritage Park, which was closed at the time. Loven was a passenger. The driver told deputies that she was learning how to drive a manual transmission car. While speaking with the driver, deputies noticed a small, black pen-like device sticking out of the center cup holder and asked about the item. The driver retrieved the device, said it was a laser pointer and activated it. The laser pointer projected a green light onto the dashboard.
Deputies interviewed Loven, who admitted to shining the laser at an airplane while it was approaching the airport. Loven explained that he was unaware it was a federal offense to shine a laser at a plane and just wanted to “test out the distance of the laser.”
Assistant U.S. Attorney Jeffrey Starnes is prosecuting the case, which was investigated by the Transportation Security Administration, Cascade County Sheriff’s Office and Airport Security.
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Lame Deer man sentenced to prison for shooting woman in the headRead the Press Release
BILLINGS — A Lame Deer man who admitted shooting a woman in the head while drinking with friends at his residence on the Northern Cheyenne Indian Reservation was sentenced today to 37 months in prison and three years of supervised release, U.S. Attorney Kurt Alme said.
Jolson Hubert Bearcomesout, 39, pleaded guilty on March 17 to assault resulting in serious bodily injury.
U.S. District Judge Susan P. Watters presided.
In court documents filed in the case, the prosecution said that on June 1, 2019, Bearcomesout, the victim, identified as Jane Doe, and others were at Bearcomesout’s house and drinking. By evening, the group was in Bearcomesout’s bedroom, where they drank and danced. Bearcomesout took a pistol that was on the bed, pointed it at the victim’s head and pulled the trigger.
Bearcomesout took the pistol and another firearm and fled. He was arrested in Forsyth. In an interview with law enforcement, Bearcomesout said he didn’t know there was a bullet in the chamber and that he was “just fooling around.”
The victim was treated for multiple injuries.
Assistant U.S. Attorney Bryan Dake prosecuted the case, which was investigated by the Bureau of Indian Affairs and FBI.
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Harlem man admits involuntary manslaughter charge in ATV crashRead the Press Release
GREAT FALLS – A Harlem man today admitted a charge accusing him of drinking and driving a four-wheeler when it rolled and crashed on the Fort Belknap Indian Reservation, killing his passenger, U.S. Attorney Kurt Alme said.
Taylor Gardipee Walker, 22, pleaded guilty to involuntary manslaughter. Walker 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. Chief Judge Morris set sentencing for Feb. 25, 2021. Walker was released.
The prosecution said in court documents that on Dec. 31, 2019 and into the early morning hours on Jan. 1, 2020, Walker was drinking to the point of intoxication. At about 3 a.m., Walker and the victim, identified as Jane Doe, went for a ride on a four-wheeler on Rodeo Drive, with Walker driving. Walker lost control of the ATV, causing it to roll over and sending him and the victim onto the pavement. Walker was seen fleeing the scene on foot.
Law enforcement officers and emergency responders arrived and found the victim unresponsive and barely breathing. The victim ultimately was transported to a Great Falls hospital, where she died from her injuries later that day.
Officers found Walker’s wallet at the scene and began knocking on doors of local residences associated with Walker. Officers located Walker hiding in a bedroom closet of a residence. Walker, who had blood on his clothing and abrasions on his hands, was arrested for failing to report an accident. After initially saying he was not the driver, Walker admitted had been driving the ATV and had lost control and crashed. The investigation determined that Walker had a blood alcohol concentration of .0145 percent approximately three and a half hours after the crash.
Assistant U.S. Attorney Jared Cobell is prosecuting the case, which was investigated by the FBI, Fort Belknap Law Enforcement Services, Blaine County Sheriff’s Office and Montana Highway Patrol.
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Pryor man arrested on allegations of first degree murderRead the Press Release
BILLINGS – A Pryor man was arrested Tuesday in Billings by the Billings Police Department on a federal arrest warrant alleging that he murdered a person with premeditation on the Crow Indian Reservation, U.S. Attorney Kurt Alme said today.
A criminal complaint unsealed Tuesday alleges Taylor Leigh Plainbull, 27, committed first degree murder.
Plainbull is scheduled to have an initial appearance on Wednesday in U.S. District Court.
A criminal complaint is only an accusation, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt.
According to the criminal complaint and affidavit filed in support of the criminal complaint, Victim 1, an adult female, was driving from Pryor to Billings in a vehicle with Victim 2, and adult male, and Victim 3, a minor child. Plainbull had previously been in a relationship with Victim 1. Victim 1 was driving westbound on Highway 416, also known as Blue Creek Road, when she was passed by Plainbull, who was driving eastbound towards Pryor. Plainbull was driving what is believed to be a stolen truck. The owner of the stolen truck reported that it contained firearms, including a semiautomatic pistol.
According to the criminal complaint and affidavit, Plainbull turned around and chased after Victim 1, then passed her vehicle and stepped on the brakes, forcing Victim 1's vehicle off the road into a ditch. The weather was cold and snowy, and Victim 1 was unable to drive the car out of the ditch. Victim 1 locked the doors, while Victim 2 called 911, and at the same time Plainbull approached the car brandishing a pistol.
According to the criminal complaint and affidavit, Victim 2 reported hearing gunshots. Victim 2 sustained an injury to his forehead. Based on a preliminary examination of the scene, it appeared that Victim 1 was struck by at least one bullet. She was pronounced dead at the scene. Victim 3 exited the vehicle. Plainbull grabbed Victim 3 and drove away in the truck. Victim 3 was located later.
The FBI is investigating the case.
PACER case reference. 20-95.
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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Multi-pound meth trafficker in Billings sentenced to 10 years in prisonRead the Press Release
BILLINGS – A Billings man who admitted trafficking methamphetamine after investigators found more than 30 pounds of the drug and $11,380 cash in his vehicle and residence was sentenced today to 10 years in prison and five years of supervised release, U.S. Attorney Kurt Alme said.
Jerry Ray Schuster, 57, pleaded guilty in January to conspiracy to possess with intent to distribute meth and to possession with intent to distribute meth.
U.S. District Judge Susan P. Watters presided. Schuster was allowed to self surrender.
The prosecution said in court records that an investigation into meth trafficking led to Schuster and a co-defendant, Byrne Martin Mestas. Mestas, 63, of Billings, was sentenced to 15 years in prison in August for conviction on a conspiracy charge in the case.
Law enforcement served a search warrant at Schuster’s and Mestas’ trailer on May 3, 2019. In the residence, agents found one pound of meth, three rifles, drug paraphernalia and receipts corroborating trips to California. A pound of meth is the equivalent of about 3,624 doses.
Agents executed a second search warrant three days later on four vehicles located at the residence. Investigators found 30 pounds of meth in three backpacks, $11,380 in cash and receipts documenting a trip to California in a Suzuki Swift registered to Schuster. Thirty pounds of meth is the equivalent of about 108,720 doses. In the other three vehicles, agents found another pound of meth, 100 pills, cash and other items.
Assistant U.S. Attorney Julie Patten prosecuted the case, which was investigated by the FBI Task Force and the Eastern Montana High Intensity Drug Trafficking Area Task Force.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 36% from 2013 to 2018. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Box Elder man admits meth trafficking crime in scheme to smuggle drugs into Cascade County jailRead the Press Release
GREAT FALLS – A Box Elder man accused in a scheme to smuggle methamphetamine into the Cascade County Detention Center by having inmates hide the drug inside their bodies admitted a drug trafficking charge today, U.S. Attorney Kurt Alme said.
Franklin Troy Caplette, 36, pleaded guilty to possession with intent to distribute meth. Caplette faces a maximum 20 years in prison, a $1 million fine and at least three years of supervised release.
Chief U.S. District Judge Brian M. Morris presided. Sentencing was set for Feb. 11, 2021. Caplette was detained.
The prosecution said in court documents that in May 2019, while Caplette was incarcerated at the Cascade County Detention Center, detectives began to investigate a drug smuggling scheme. Caplette arranged for people outside of the jail to bond out inmates, provide the defendants with drugs to conceal in their rectums and have the defendants smuggle the drugs back into the jail.
When defendants returned to the jail and were placed in the booking room, they told detention officers who their enemies were at the jail so they could get placed into the right pod to distribute the drugs.
In June 2019, a judge temporarily released Caplette to attend a relative's funeral on the Rocky Boy's Indian Reservation and directed him to return by 5 p.m. the next day.
While on release, Caplette spoke by cell phone with jail inmates and told one inmate he was "coming in hot." Detectives waited at the jail for Caplette, who arrived late. While Caplette went to the booking area, Caplette's wife told detectives that they never made it to the funeral and instead went to other places before returning to Great Falls.
Detectives served a warrant on Caplette to search his body for drugs and took him to an emergency room for an x-ray. The x-ray showed three oblong-shaped objects in Caplette's abdomen. Caplette eventually passed the bags. An analysis determined that one of the bags contained meth, while two of the bags contained tobacco.
Other inmates told detectives that Caplette was in charge of contraband entering the jail and that he would use young inmates to be runners to bring back drugs into jail, where they would have parties at night.
Assistant U.S. Attorney Jessica Betley is prosecuting the case, which was investigated by the Russell Country Drug Task Force, Drug Enforcement Administration, Great Falls Police Department and Cascade 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 36% from 2013 to 2018. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Belgrade man sentenced, fined for wire fraud in dumping of radioactive drilling wasteRead the Press Release
GREAT FALLS — A Belgrade man who admitted dumping radioactive contaminants from oil drilling at an abandoned gas station in North Dakota instead of properly disposing of the waste as hired to do was sentenced today to four months in prison, which was the time he had served in custody, and two years of supervised release, U.S. Attorney Kurt Alme said.
James Kenneth Ward, 58, pleaded guilty in July to wire fraud.
Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris also ordered Ward to pay a $2,500 fine and $9,977 restitution.
"Mr. Ward's actions not only defrauded a company that had hired him to properly dispose of oil drilling waste but they also put the environment and the public at risk by deliberately abandoning the contaminated materials at an unsecure, defunct gas station property. Those who poison the environment for personal gain will be caught and prosecuted," U.S. Attorney Kurt Alme said.
“The defendant in this case engaged in a fraudulent scheme that resulted in a serious threat to public health in the form of improperly disposed of radioactive waste.” said Lance Ehrig, Assistant Special Agent in Charge of EPA’s Criminal Enforcement Program in Montana. “Today’s sentencing demonstrates the EPA’s commitment to protecting public health and holding accountable those who defraud consumers.”
The prosecution said in court documents that from 2011 until 2014, Ward contracted with Zenith Produced Water, LLC, to properly incinerate and dispose of filter socks, which are tubular nets that collect pollutants and radioactive materials from saltwater produced from drilling and developing oil. Zenith Produced Water, a Colorado company that owned and operated saltwater disposal wells, paid Ward $9,977 to properly dispose of the filter socks. Instead of disposing the filter socks as agreed, Ward dumped the filter socks at an abandoned gas station in Noonan, N.D. Zenith Produced Water would never have paid Ward the money if it knew he was going to dump the filter socks in an abandoned gas station. Ward deposited some of the checks he received from Zenith Produced Water in a bank in Deer Lodge.
Assistant U.S. Attorney Ryan Weldon and Special Assistant U.S. Attorney Eric E. Nelson prosecuted the case, which was investigated by the Environmental Protection Agency's Criminal Investigation Division.
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DEA taking back unused prescription drugs Oct. 24, 2020Read the Press Release
BILLINGS – U.S. Attorney Kurt Alme will join the Drug Enforcement Administration in support of the 19th National Prescription Drug Take Back Day on Saturday, Oct. 24. The biannual event will be from 10 a.m. to 2 p.m. at sites across Montana. The event is an effort to rid homes of potentially dangerous, expired, unused and unwanted prescription drugs.
To keep everyone safe, collection sites will follow local COVID-19 guidelines and regulations.
"Getting rid of unneeded and expired prescription drugs is an important step Montanans can take to stop opioid abuse and addiction. The primary way opioid abusers first get pills is from family and friends. The DEA Take Back event is a great way to safely clean out medicine cabinets," U.S. Attorney Alme said.
"We encourage all Montanans to drop off their unused prescriptions to the National Take Back sites in their communities. Individuals can drive up and drop off their prescriptions without getting out of their cars," said DEA Montana Resident Agent in Charge Stacy Zinn-Brittain.
Last fall, Americans across the country turned in nearly 883,000 pounds of prescription drugs at nearly 6,300 sites operated by the DEA and almost 5,000 of its state and local law enforcement partners. Since the inception of the National Prescription Drug Take Back Initiative in 2010, DEA, along with its law enforcement partners, has now collected nearly 6,350 tons of expired, unused, and unwanted prescription medications.
During the October 2019 event, Montanans turned in 1,720 pounds of prescription drugs at 26 collection sites.
This initiative addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse and abuse. Rates of prescription drugs abuse in the United States are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs.
In addition to DEA’s National Prescription Drug Take Back Day, there are many other ways to dispose of unwanted prescription drugs every day, including the 11,000 authorized collectors that are available all year long. For more information, visit DEA’s year-round collection site locator.
The FDA also provides information on how to properly dispose of prescription drugs. More information is available here: https://www.fda.gov/consumers/consumer-updates/where-and-how-dispose-unused-medicines.
For more information about the disposal of prescription drugs or about the October 24 Take Back Day event, go to www.DEATakeBack.com.
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Recreational Marijuana - Consider the RisksRead the Press Release
In November, Montanans will vote whether to legalize recreational marijuana for state law purposes. Marijuana offenses will still be illegal under federal law.
Because of the serious ramifications of this vote for our public safety and health, I encourage all Montanans to review in detail CI-118 and the lengthy 36 sections of I-190 to understand the system it would create.
The potency of marijuana has increased substantially. The average potency of DEA samples of marijuana increased over 400% between 1995 and 2018, and marijuana resins and extracts used in vaping and edibles can have much higher levels of THC, the active compound in marijuana.
Legalization will increase use, as seen in Colorado and Oregon. The percent of the population age 12 and older using marijuana in the past month increased from 12.7% prior to legalization to 17.3% in 2018 in Colorado, and from 13% to 18.8% in Oregon, well above the national percentage which increased from 7.4% to 9.8%.
Traffic fatalities and accidents will increase. Marijuana significantly impairs judgment, motor coordination and reaction time, and studies have found a direct relationship between blood THC concentration and impaired driving. Since Colorado legalized recreational marijuana in 2014, annual traffic deaths where the operator tested positive for marijuana more than doubled by 2019. Between 2014 and 2019, annual cases of Driving Under the Influence of Drugs in Colorado where marijuana was involved increased from 676 to 1,041.
Marijuana is addictive. Recent data suggest that 30% of those who use marijuana may have some degree of marijuana use disorder. Studies suggest that 9% of people who use marijuana will become dependent on it, increasing to about 17% for those who start using in their teens. At Rimrock in Billings, marijuana is already the third most used substance by patients being treated for substance abuse disorder, ahead of opioids.
I-190 could dilute state laws protecting children, the public and users from marijuana abuse. One provision states that a person may not be denied custody rights to a minor solely for conduct related to this initiative. In 2019 in Yellowstone County, however, marijuana use was identified as a contributing factor in over 25% of removals of children for abuse or neglect. A second provision states that a person currently under probation or released awaiting trial may not be penalized solely for conduct permitted by the initiative, apparently regardless of whether the person’s marijuana abuse contributed to their criminal conduct.
Many who use other drugs start with marijuana. The Surgeon General recently highlighted a study showing that in 2017, teens 12-17 reporting frequent use of marijuana showed a 130% greater likelihood of misusing opioids. Of course, most people who use marijuana do not go on to use other substances; however, in 2019, during focus group interviews of meth users in Billings for Yellowstone Substance Abuse Connect, users stated that they often started using methamphetamine in their late teens or early twenties after being exposed to and using alcohol and marijuana at an early age. Until more research determines the extent of the link between marijuana use and additional drug use, voters should strongly consider this risk.
Other public health facts are important to know. Smoking marijuana, even occasionally, can increase the risk of severe complications from COVID-19; the Surgeon General recently advised that marijuana exposure, before brain development stops in the mid-20s, can cause long-term harm; and studies link marijuana use to depression, anxiety, suicide planning and psychotic episodes. Since 2014, hospitalizations related to marijuana in Colorado increased from 6,720 to 16,614 in 2017.
Fellow Montanans, let’s be sure we take a close look at these proposals before voting on CI-118 and I- 190.
U.S. Attorney Kurt Alme announces district election officerRead the Press Release
BILLINGS – United States Attorney Kurt Alme today announced that Assistant U. S. Attorney (AUSA) Brendan McCarthy will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming Nov. 3, 2020 general election. AUSA McCarthy has been appointed to serve as the District Election Officer (DEO) for the District of Montana, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights concerns in consultation with Justice Department Headquarters in Washington.
U. S. Attorney Alme said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will always act appropriately to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open through election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights concerns during the voting period that ends on November 3, 2020, and to ensure that such complaints are directed to the appropriate authorities, U.S. Attorney Alme said that AUSA/DEO McCarthy will be on duty in this District while the polls are open. He can be reached by the public at the following telephone numbers: 406-247-4656 or 406-702-5033.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. For Montana, the FBI can be reached by the public at 801-579-1400.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/ .
Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
U. S. Attorney Alme said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available to my Office, the FBI, or the Civil Rights Division.”
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U.s. Attorney Kurt Alme Announces $6 Million in Justice Department Grants to Combat Addiction CrisisRead the Press Release
BILLINGS – U.S. Attorney Kurt Alme today announced awards of $6,059,331 in Department of Justice grants to fight drug abuse and addiction in the Montana. The grants were awarded by the Department’s Office of Justice Programs (OJP) and are part of more than $341 million going to communities nationwide.
“The addiction crisis has taken an enormous toll on America’s families and communities, eroding public health, threatening public safety and claiming tens of thousands of lives year after year,” said Attorney General William P. Barr. “Through comprehensive measures taken by this administration, we have been able to curtail the opioid epidemic, but new and powerful drugs are presenting exceptional challenges that we must be prepared to meet. The Justice Department’s substantial investments in enforcement, response, and treatment will help us overcome these challenges and work towards freeing Americans from abuse and addiction.”
Illegal drugs and illicit drug use have claimed the lives of nearly 400,000 Americans since the turn of the century. Powerful synthetic opioids like fentanyl are exacting an enormous toll on families and communities, and an emergence in the use of methamphetamines and other psychostimulants is drawing drug traffickers and driving up overdose rates. Three years ago, President Trump declared a Public Health Emergency and initiated a whole-of-government approach dedicated to ending this national tragedy. The Department of Justice has invested unprecedented levels of funding in combating the addiction crisis. The awards announced today build on those earlier investments.
“If we hope to defeat an enemy as powerful, persistent and adaptable as illicit drugs, we must be at least as determined and versatile, focusing our ingenuity and resources on curbing abuse and fighting addiction,” said OJP’s Principal Deputy Assistant Attorney General Katharine T. Sullivan. “These grants will enable criminal justice officials and substance abuse, mental health and other medical professionals to pool their assets and bring the full weight of our public safety and treatment systems down on this epidemic that has already caused so much harm.”
"Methamphetamine is a significant reason why Montana has the highest violent crime rate in the northwest. Drug courts, treatment and prevention programs, like Yellowstone Substance Abuse Connect, and treatment for state and local prisoners make our state safer and healthier. I am pleased to announce this help for Montanans," U.S. Attorney Alme said.
Funding is made available through OJP’s Bureau of Justice Assistance, National Institute of Justice, Office for Victims of Crime and Office of Juvenile Justice and Delinquency Prevention.
The following Montana organizations received funding:
- City of Billings, $900,000
- Lewis and Clark County, $600,000
- Montana 13th Judicial District, $485,736
- Montana 12th Judicial District, $500,000
- Judiciary Courts of the State of Montana, $366,836
- Eighth Judicial District, $498,105
- Missoula County, $403,039
- Chippewa Cree Tribe, Rocky Boy's Reservation, $434,332
- Northern Cheyenne Tribe, $484,314
- Montana Board of Crime Control, $172,516
- Judiciary Courts of the State of Montana, $614,453
- Chippewa Cree Tribe, Rocky Boy's Reservation, $600,000
For a complete list of individual grant programs, award amounts, and jurisdictions that will receive funding, click here. More information about OJP and its components can be found at www.ojp.gov.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years
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Illegal firearms possession sends man to prisonRead the Press Release
BILLINGS — A man who admitted illegally possessing five firearms that had been stolen during a burglary of a Livingston business was sentenced today to four years in prison and three years of supervised release, U.S. Attorney Kurt Alme said.
John Francis McDermott, 41, a transient, pleaded guilty in February to prohibited person in possession of a firearm.
U.S. District Judge Susan P. Watters presided.
The prosecution said in court documents that on Sept. 14, 2017, Livingston Police officers responded to a burglary at Yellowstone Gifts and Sports, a federal firearms licensee, where a display case had been broken and five firearms, ammunition, a sleeping bag and a soda were missing. Surveillance video showed the burglary as well as the robber in the store from earlier that day in the same clothing. Store employees remembered the robber from that day and said he had a leaf tattoo under his left eye.
Law enforcement officers arrested McDermott eight days later. McDermott was wearing the same hoodie as in the surveillance video. Officers executed a search warrant for a backpack and black plastic garbage bag near where McDermott had been standing when arrested. Officers recovered all five of the firearms that had been stolen, the sleeping bag and some of the ammunition.
McDermott was prohibited from possessing firearms because of previous felony convictions in Oregon and Texas.
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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Bozeman bookkeeper who embezzled more than $400,000 sentenced to probationRead the Press Release
MISSOULA–A Bozeman woman who admitted embezzling more than $400,000 while working as a bookkeeper for several businesses today was sentenced to five years of probation and ordered to pay $423,245 restitution, U.S. Attorney Kurt Alme said.
Anna Michelle Niles, 47, pleaded guilty on June 3 to wire fraud.
U.S. District Judge Dana L. Christensen presided.
In a sentencing memo filed in the case, the prosecution recommended a sentence within the guideline range, which was 27 months to 33 months.
The prosecution said in court documents that from 2009 until 2018, Niles embezzled from Cresent Cross, LLP, Clair W. Daines, Inc., Genesis Partners, LLC, Bitterroot Turf Farm, Inc., and other related business entities while performing bookkeeping and accounting services. Niles defrauded the firms by diverting funds through checks, stealing cash, claiming leave she was not entitled to obtain, receiving unauthorized 401(k) loan payments and using business credit cards on personal expenses, none of which was authorized. The investigation found that Niles embezzled about $433,018 from the businesses. When interviewed by the FBI, Niles admitted to stealing from Cresent Cross, LLP, and writing checks from other businesses to cover up the fraud.
Assistant U.S. Attorney Ryan Weldon prosecuted the case, which was investigated by the FBI.
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DOJ Charges More Than 14,200 Defendants with Firearms-Related Crimes in Fy20Read the Press Release
BILLINGS – The Department of Justice announced this week it has charged more than 14,200 defendants with firearms-related crimes during Fiscal Year (FY) 2020, including 170 cases in Montana, despite the challenges of COVID 19 and its impact on the criminal justice process. These cases have been a Department priority since November 2019 when Attorney General William P. Barr announced his commitment to investigating, prosecuting, and combatting gun crimes as a critical part of the Department’s anti-violent crime strategy. These firearms-related charges are the result of the critical law enforcement partnership between United States Attorneys’ Offices and the Bureau of Alcohol, Tobacco, Firearms and Explosives, led by Acting Director Regina Lombardo, who has made firearms-related investigations a priority.
“The number one priority of government is to keep its citizens safe,” said Attorney General Barr. “By preventing firearms from falling into the hands of individuals who are prohibited from having them, we can stop violent crime before it happens. Violating federal firearms laws is a serious crime and offenders face serious consequences. The Department of Justice is committed to investigating and prosecuting individuals who illegally buy, sell, use, or possess firearms. Reducing gun violence requires a coordinated effort, and we could not have charged more than 14,000 individuals with firearms-related crimes without the hard work of the dedicated law enforcement professionals at the ATF, our U.S. Attorneys’ Offices across the country, and especially all of our state and local law enforcement partners.”
“Protecting the public from violent crime involving firearms is at the core of ATF’s mission,” commented ATF Acting Director Regina Lombardo. “Every day the men and women of ATF pursue and investigate those who use firearms to commit violent crimes in our communities, many of whom are prohibited from possessing firearms from previous convictions. ATF, in collaboration with the U.S. Attorneys’ Offices across the nation, is committed to bringing these offenders to justice for their egregious and violent criminal acts.”
"Keeping Montanans safe from violent crime is even more important since COVID-19 arrived. Domestic violence offenders with access to firearms are much more likely to commit homicide. Keeping guns out of the hands of offenders is critical to reducing violent crimes," U.S. Attorney Kurt Alme said.
Of the more than 14,200 cases charged, 170 cases have been brought in Montana, U.S. Attorney Alme said.
Recent Montana cases include:
- Charles Bailey, of West Yellowstone, was sentenced to 48 months in prison in May for possession of an unregistered device. During an investigation into a violation of a protective order, law enforcement found three unregistered improvised bombs in his vehicle.
- Carlyle Ray Wells, of Great Falls, pleaded guilty in October to theft of a firearm from a federal firearms dealer. Wells was accused of breaking into a Great Falls business and stealing 27 firearms. Wells faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release.
- Maxie Arthur, of Anaconda, was sentenced to 48 months in prison in March for possession of an unregistered device. Law enforcement responded to a domestic violence call and found firearms and a homemade bomb.
- Robert House, of East Helena, was sentenced to 48 months in prison for being a prohibited person in possession of a firearm and possession of a firearm while being a user of a controlled substance. Police officers responded to a call a man acting erratically and located House. House had a semi-automatic pistol in his backpack and a small amount of methamphetamine. House was prohibited from possessing firearms because of prior felony convictions.
Under federal law, it is illegal to possess a firearm if you fall into one of nine prohibited categories including being a felon, illegal alien, or unlawful user of a controlled substance. Further, it is unlawful to possess a firearm in furtherance of a drug trafficking offense or violent crime. It is also illegal to purchase – or even to attempt to illegally purchase - firearms if the buyer is a prohibited person or illegally purchasing a firearm on behalf of others. Lying on ATF Form 4473, which is used to lawfully purchase a firearm, is also a federal offense. The Department is committed to prosecuting these firearms offenses. Keeping illegal firearms out of the hands of violent criminals will continue to be a priority of the Department of Justice and we will use all appropriate, available means to keep the law abiding people of this country safe from gun crime.
For more information on the lawful purchasing of firearms, please see: https://www.atf.gov/qa-category/atf-form-4473.
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Meth trafficking, firearm sends Bigfork man to prison for 15 yearsRead the Press Release
GREAT FALLS — A Bigfork man convicted of methamphetamine trafficking in the Havre area was sentenced today to 15 years in prison and five years of supervised release, U.S. Attorney Kurt Alme said.
Shane Alan Nault, 44, pleaded guilty in June to possession with intent to distribute meth and to prohibited person in possession of a firearm.
Chief U.S. District Judge Brian M. Morris presided.
The prosecution said in court documents that in the fall of 2017, informants alerted drug task force officers that Nault was selling meth in and around Hill County. Law enforcement arranged for an undercover operation to buy meth from Nault and surveilled multiple drug transactions that occurred in Nault's pickup truck. In March 2018, officers located a truck registered to an associate of Nault's in Havre. Nault, who was the driver and only person in the truck, appeared to be under the influence of narcotics. Officers arrested Nault and obtained a search warrant for the truck. During the search, officers found a 9mm pistol, three packages containing about 500 grams of meth and other drug paraphernalia. Nault was prohibited from possessing firearms because of a previous felony conviction in U.S. District Court.
Assistant U.S. Attorney Jeff Starnes prosecuted the case, which was investigated by the FBI, Havre Police Department, Montana Highway Patrol, Tri-Agency Task Force 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 36% from 2013 through 2018. 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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U.s. Attorney Kurt Alme Announces $500,000 to Support Mentoring, Protect Children in District of MontanaRead the Press Release
BILLINGS – U.S. Attorney Kurt Alme today announced an award of $500,000 to Big Sky Youth Empowerment Project, Inc., as among Department of Justice grants to support mentoring services for youth and to protect children from abuse, exploitation and threats such as sex trafficking. The awards were made by the Office of Juvenile Justice and Delinquency Prevention and the Office for Victims of Crime, part of the Justice Department’s Office of Justice Programs.
Today’s award in Montana is part of more than $261 million going to organizations and agencies across the country.
“Young people in America face an array of challenges, from social and academic pressures to dangerous predators and lethal drugs. They are better equipped to meet those challenges with a model of care and compassion to guide them along,” said Principal Deputy Assistant Attorney General Katharine T. Sullivan. “These awards will support outstanding youth-serving organizations like the Cal Ripken Sr. Foundation, Big Brothers Big Sisters, Boys and Girls Clubs and their local affiliates across the country as they help youth discover their talents, find their purpose and realize their full potential. We are incredibly grateful to our mentorship programs, both nationally and locally. Badges in Blue and Badges for Baseball are great examples of successful community partnerships through law enforcement and mentoring.”
"Being a teenager is hard enough, but many youth are facing risks from substance abuse, homelessness, neglect and mental health issues. Mentoring programs provide vulnerable young adults with the support they need to grow and become productive and contributing members of their communities. I am pleased to announce this award for the Big Sky Youth Empowerment Project," U.S. Attorney Alme said.
Grants from OJP’s Office of Juvenile Justice and Delinquency Prevention will allow national, state and local organizations to provide mentoring to youth who are at risk of juvenile delinquency, victimization and juvenile justice system involvement. Mentoring programs supported by OJJDP help youth make connections with leaders and respected members of their communities, including law enforcement officers. Police and sheriffs’ departments have formed close and lasting bonds with young citizens, leading to greater trust and respect between law enforcement professionals and community members. Grants also address the impact of the addiction crisis on children and teens. Funds support mentoring in rural and other underserved communities hit hard by the opioid epidemic.
In addition, more than 100 sites are receiving grants from OJJDP and OVC to help find missing children, investigate and prosecute child exploitation cases, serve abused and neglected children, and assist minor victims of human trafficking.
The following organization in Montana received funding:
- Big Sky Youth Empowerment Project, Inc., $500,000
For a complete list of individual grant programs, amounts to be awarded and the jurisdictions that will receive funding, visit here and here.
Additional information about Fiscal Year 2020 grant awards made by the Office of Justice Programs can be found online at the OJP Awards Data webpage.
More information about OJP and its components can be found at www.ojp.gov.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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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 Oct. 6 was:
Dee Bad Bear, 59, of Crow Agency, on charges of assault with a dangerous weapon. If convicted of the most serious crime, Bad Bear faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Bad Bear was detained pending further proceedings. The FBI investigated the case. PACER case reference. 20-105.
Tracy Fonda Flanigan, 46, of Livingston, on charges of false statement during a firearms transfer, transfer of firearm to a prohibited person and false statement. If convicted of the most serious crime, Flanigan faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Flanigan was released pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 20-108.
Robert Nolan Dawes, 40, of Crow Agency, on charges of assault of dating partner/strangulation and assault resulting in serious bodily injury. If convicted of the most serious crime, Dawes faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Dawes was detained pending further proceedings. The FBI investigated the case. PACER case reference. 20-107.
Micah Garrett Waltenbaugh, 33, of Billings, on charges of conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute meth. If convicted of the most serious crime, Waltenbaugh faces a mandatory minimum five years to 40 years in prison, a $5 million fine and at least four years of supervised release. Waltenbaugh was detained pending further proceedings. The FBI Western Transnational Organized Crime Task Force and Eastern Montana High Intensity Drug Trafficking Area Task Force investigated the case. PACER case reference. 20-113.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Oct. 6 was:
Matthew Douglas Webb, 26, of Great Falls, on charges of prohibited person in possession of firearms. If convicted of the most serious crime, Webb faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Webb was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Great Falls Police Department investigated the case. PACER case reference. 20-62.
Rachelle Jo Kolden, 38, of Great Falls, on charges of conspiracy to possess with intent to distribute meth and possession with intent to distribute meth. If convicted of the most serious crime, Kolden faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. Kolden was detained pending further proceedings. The Drug Enforcement Administration and the Great Falls Police Department investigated the case. PACER case reference. 20-73.
Joseph Tyler Henderson, 27, of Havre, on charges of assault by strangulation and assault resulting in substantial bodily injury. If convicted of the most serious crime, Henderson faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Henderson was released pending further proceedings. The FBI and Rocky Boy's Police Department investigated the case. PACER case reference. 20-66.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Great Falls man admits stealing firearms in burglary of businessRead the Press Release
GREAT FALLS–A Great Falls man today admitted to stealing firearms during a burglary of an outfitting store, U.S. Attorney Kurt Alme said.
Carlyle Ray Wells, 25, pleaded guilty to theft of a firearm from a federal firearms licensee. Wells faces a maximum 10 years in prison, a $250,000 fine, and three years of supervised release.
Chief U.S. District Judge Brian M. Morris presided. Sentencing was set for Feb. 4, 2021. Wells was detained.
In court documents filed in the case, the prosecution said evidence would show 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 that several guns appeared to be missing. One rifle was on the floor, some distance from the display case.
Security footage at the business showed a small pickup truck had parked outside, just prior to the alarm. One individual exited the truck wearing gloves and a face covering, forcefully entered the store, broke the gun case, took several firearms and fled after dropping one rifle on the way out.
Officers identified the vehicle as a stolen Ford Ranger and located it on Dec. 2, 2019, about 600 feet from 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.
Law enforcement executed a search warrant at Wells' residence and recovered 16 firearms, 15 of which were stolen from North 40. Officers also recovered North 40 price tags for the stolen firearms. 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.
In addition, an individual reported to Great Falls Police detectives that she had purchased three firearms from Wells soon after the break-in. Officers recovered the three firearms, which were identified as having been stolen during the burglary.
An audit showed that 27 firearms were stolen from North 40 in the burglary, not including the rifle that was dropped in the store.
Assistant U.S. Attorney Ethan Plaut is prosecuting the 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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