District of Montana

MISSOULA—Selling methamphetamine to an undercover agent in 2018 sent a Marion resident to prison today for one year and one day to be followed by three years of supervised release, U.S. Attorney Kurt Alme said.

Rene Myron Gardner, 62, pleaded guilty in October to conspiracy to distribute meth.

Chief U.S. District Judge Dana L. Christensen presided.

In court documents filed in the case, the prosecution said that in the fall of 2018, Gardner conspired with others to sell meth. An undercover agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives bought about an ounce of meth from Gardner at his residence. The agent paid Gardner $1,000. Then in November 2018, the agent bought an ounce of meth and a sawed-off shotgun from one of Gardner’s co-conspirators. The meth deal occurred at Gardner’s residence, while the group went to the co-conspirator’s residence to complete the shotgun purchase. The agent paid $1,250 for the meth and $500 for the firearm.

Assistant U.S. Attorney Tim Racicot prosecuted the case, which was investigated by the ATF.

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.

XXX

 

MISSOULA—A California man who admitted that two pounds of meth found during a traffic stop were his was sentenced today to 10 years in prison and five years of supervised release, U.S. Attorney Kurt Alme said.

Tony Gregory Amador Ortiz, 25, of Rancho Cordova, CA, pleaded guilty in October to possession with intent to distribute meth.

Chief U.S. District Judge Dana L. Christensen presided.

The prosecution said in court records that an undercover surveillance operation by Missoula drug task force officers on July 15, 2019 led to a traffic stop of a vehicle in which Ortiz was a passenger. In a search of the vehicle, officers found two pounds of meth. Ortiz admitted the meth belonged to him. Two pounds of meth is the equivalent of about 7,248 doses.

Assistant U.S. Attorney Tara Elliott prosecuted the case, which was investigated by the Missoula 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.

XXX

MISSOULA – A West Yellowstone man today admitted to possessing unregistered improvised bombs after law enforcement found three small devices in his truck last year, U.S. Attorney Kurt Alme said.

Charles Gibson Bailey, 33, pleaded guilty to possession of unregistered explosive devices. Bailey faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release.

U.S. Magistrate Judge Kathleen L. DeSoto presided and recommended Bailey’s plea be accepted by Chief U.S. District Judge Dana L. Christensen, who is hearing the case. Sentencing is set for May 8. Bailey was released.

In court records filed in the case, the prosecution said evidence showed that on Feb. 26, 2019, the West Yellowstone City Court issued a protection order against Bailey. On March 27, 2019, in connection with an investigation into Bailey’s violation of the protection order, law enforcement officers searched Bailey’s truck.

During the search, officers seized three small destructive devices, which were examined by an expert with the Bureau of Alcohol, Tobacco, Firearms and Explosives. The ATF expert concluded the three devices were designed as weapons and were properly identified as improvised explosive devices. Bailey did not register the devices with the National Firearms Registration and Transfer Record.

Assistant U.S. Attorney Tim Racicot is prosecuting the case, which was investigated by the ATF, West Yellowstone Police Department, Gallatin County Sheriff’s Office and National Park Service.

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.

XXX

HELENA – A jury on Thursday convicted a Helena man who worked for GardaWorld of multiple crimes after he was accused of taking money stolen from an armored truck and spending it gambling and shopping in Las Vegas, day trading and traveling to France, U.S. Attorney Kurt Alme said.

The jury found John Gregory Alexander Herrin, 30, of Helena, guilty of one count of interstate transportation of stolen property and eight counts of money laundering. The jury acquitted Herrin on four counts of money laundering and attempted witness tampering.

Herrin faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release on the interstate transportation of stolen property and money laundering crimes.

The trial began on Monday, with U.S. District Judge Sam Haddon presiding. Judge Haddon set sentencing for May 19 and ordered Herrin detained.

“Those who transport or spend stolen money or money from illegal activities will be caught and convicted in federal court. Greed doesn’t pay. I want to thank Assistant U.S. Attorneys Tim Racicot and Michael Kakuk, the FBI and the Secret Service for their work investigating and prosecuting this case,” U.S. Attorney Alme said.

In evidence presented at trial, the prosecution said that on Nov. 20, 2013, three bags containing $390,000 went missing from a GardaWorld truck. Helena employees initially loaded the money into a truck and drove to Missoula, where they met Missoula employees and transferred some currency bags to another truck for local delivery. While in Missoula, the Helena employees left their truck locked, but unattended, several times while servicing banks and ATMs before continuing to Kalispell. After arriving in Kalispell, employees discovered three bags containing $390,000 were missing.

Herrin worked for Garda from 2012 until 2014. An internal investigation by Garda was unable to definitively implicate anyone in the theft.

Not long after the theft, the prosecution said, Herrin’s financial situation drastically changed.

Herrin went to Las Vegas twice in January 2014 and again in July 2014. While in Las Vegas, Herrin stayed at a high-end casino, gambled and went shopping with a female companion. He made large cash deposits at the casino and bought a watch for $22,600 with cash.  On return from his first trip, Herrin deposited a casino cashier’s check for $123,500 and $37,350 cash, for a total of $160,870, into his checking account. Prior to the deposit, Herrin’s account had a $945.65 balance. Herrin told the bank teller he went to Las Vegas with $500 and won $160,000 gambling. While the teller was counting the cash, a Garda courier came into the bank to make a pick up. Herrin walked away from the counter and sat at an online banking station until the courier left. He then returned to the counter to complete his transaction.

On his second trip to Las Vegas, Herrin’s buy in at the casino was $50,100 cash and he lost $50,000. He also used his Visa credit card to buy more than $30,000 in merchandize from luxury retail stores and transferred money from his checking account to pay down the card balance.

After the second Las Vegas trip, Herrin went to his bank with a shoe box full of $20 bills for deposit into his checking account. The day before the deposit, the account balance was $3,550. Herrin told the teller he wasn’t sure how much money was in the box but that he had “another big score” in Vegas. He thought he had about $120,000.

Herrin also told the teller he didn’t have a job but was doing some day trading. During the transaction, another Garda courier entered the bank. Herrin had already turned his back on the courier, seemingly in an effort not to be seen by the Garda employee.

In addition to the Las Vegas trips, Herrin started day trading in 2014. He opened an account with Ameritrade, deposited $111,100 and had significant losses. His losses were inconsistent with statements he made to bank employees that he was making money day trading.

In March 2014, Herrin traveled to France with a female companion and charged the trip to his Visa card. The trip cost more than $20,000.

In the spring of 2014, Herrin moved to Springfield, MO, and used his Visa card to enroll in college and for living expenses.

By the fall, Herrin’s financial situation turned dire. In January 2015, he owed $17,753 on his Visa card, and in February 2015, Ford Motor Credit repossessed his car, which he had purchased about one month before the Garda theft.

In interviews with law enforcement, all of the Garda employees denied knowledge about and involvement in the disappearance of the $390,000. A former employee, who was also a roommate of Herrin’s, indicated that Herrin had showed him a casino check for gambling proceeds purportedly won in January 2014. He also indicated Garda employees left trucks unattended from time to time against company policy and that a broom handle could be used to unlock the trucks. The former employee also told law enforcement he had seen Herrin unlock a truck using a broom handle.

Herrin’s former female companion told law enforcement she responded to his Craigslist ad seeking company for a trip to Las Vegas. Herrin gave her money, took her shopping and bought her a $5,000 Louis Vuitton bag and more than $2,000 in dresses. After the France trip, the pair had a falling out.

Assistant U.S. Attorneys Tim Racicot and Michael Kakuk prosecuted the case, which was investigated by the FBI and Secret Service.

XXX

The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:

Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Jan. 13 was:

Tyler James Fleming, 37, of Billings, on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute meth and possession of a firearm in furtherance of a drug trafficking crime. If convicted of the most serious crime, Fleming faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. Fleming was detained pending further proceedings. The Eastern Montana High Intensity Drug Trafficking Area Task Force investigated the case. Pacer case reference. 20-03.

Kimberly Rosamond Fanslau, 39, of Charlotte, MI, on charges of conspiracy to possess with intent to distribute meth and heroin and possession with intent to distribute meth and heroin. If convicted of the most serious crime, Fanslau faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. Fanslau was detained pending further proceedings. The Drug Enforcement Administration investigated the case. Pacer case reference. 19-121.

Anthony Shoulderblade, 32, of Lame Deer, on charges of assault with a dangerous weapon and use/discharge of a firearm during a crime of violence. If convicted of the most serious crime, Shoulderblade faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release on the assault charge and a consecutive minimum mandatory 10 years, $250,000 fine and five years of supervised release on the discharge of a firearm charge. Shoulderblade was detained pending further proceedings. The FBI investigated the case. Pacer case reference. 19-53.

Appearing on Jan. 14 was:

Charles Eyre, 60, a transient, on charges of possession with intent to distribute meth. If convicted of the most serious crime, Eyre faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. Eyre was released pending further proceedings. The Eastern Montana High Intensity Drug Trafficking Area Task Force investigated the case. Pacer case reference. 19-145.

Jolson Hubert Bearcomesout, 39, of Lame Deer, on charges of assault resulting in serious bodily injury. If convicted of the most serious crime, Bearcomesout faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Bearcomesout was detained pending further proceedings. The Bureau of Indian Affairs Investigated the case. Pacer case reference. 20-02.

Appearing on Jan. 16 was:

Justice Price Stiltner, 21, of Billings, on charges of felon in possession of a firearm. If convicted of the most serious crime, Stiltner faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Stiltner was detained pending further proceedings. The case was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force. Pacer case reference. 20-05.

Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Jan. 14 was:

Eric Shawn Roasting Stick, 37, of Box Elder, on charges of assault with a dangerous weapon and domestic abuse by habitual offender. If convicted of the most serious crime, Roasting Stick faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Roasting Stick was detained pending further proceedings. The FBI investigated the case. Pacer case reference. 20-01.

If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.

To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

  

XXX

 

 

MISSOULA—A Marion man who admitted illegally transporting grizzly bear claws to Washington after shooting the bear in the Bob Marshal Wilderness in 2017 was sentenced today to three years of probation and ordered to pay $5,000 restitution to the U.S. Fish and Wildlife Service, U.S. Attorney Kurt Alme said.

Bryan Berg, 35, pleaded guilty and was sentenced today to illegal transportation of grizzly bear claws, a Lacey Act Violation.

U.S. Magistrate Judge Kathleen L. DeSoto presided.

Berg faced a maximum one year in prison, a $10,000 fine and one year of supervised release.

The prosecution said in court records that law enforcement received a tip in September 2017 that Berg shot a grizzly bear, which is a threatened species, in the Hart Basin area of the Bob Marshal Wilderness in Montana. Agents flew to the scene and found a dead grizzly bear that was pushed down the mountain. The bear’s front claws had been removed.

In an interview with law enforcement officers in March 2018, Berg said he shot the grizzly bear in self-defense, which the investigation confirmed to be accurate. Berg, however, did not report the grizzly bear shooting as required by law. Berg then removed the claws and took them to Washington. Berg cannot legally possess or transport the claws. Berg knew that taking the grizzly bear claws was illegal and turned them over to law enforcement during the interview. Berg also provided law enforcement with photographs and video of him near the grizzly bear after the shooting.

Assistant U.S. Attorney Ryan Weldon prosecuted the case, which was investigated by the U.S. Fish and Wildlife Service and the Montana Department of Fish, Wildlife and Parks.

XXX

 

GREAT FALLS—A Browning woman who admitted selling methamphetamine in the community for more than two years was sentenced on Jan. 15 to 42 months in prison and five years of supervised release, U.S. Attorney Kurt Alme said.

Nicole Smith, 34, pleaded guilty in October to possession with intent to distribute meth.

U.S. District Judge Brian Morris presided.

In court records filed in the case, the prosecution said Smith possessed and distributed meth on and near the Blackfeet Reservation and out of Cut Bank. The Glacier County Sheriff’s Office and Cut Bank Police Department received information in June 2018 that Smith was selling meth. Confidential sources indicated they had bought meth from Smith on numerous occasions and at times bought “pound quantities.”  Law enforcement also conducted a controlled meth buy from Smith that same month.

In April 2019, Drug Enforcement Administration agents met with Smith, who was in custody on a traffic stop. After advising Smith of the evidence against her, Smith admitted she had obtained and sold several eight-balls of meth every week for more than the past two years. Smith also admitted getting five to six ounces of meth from a different supplier for redistribution.

Assistant U.S. Attorney Jeff Starnes prosecuted the case, which was investigated by the Bureau of Indian Affairs and DEA.

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.

XXX

BILLINGS—A California man who picked up a package of meth that had been mailed to Billings was sentenced today to 54 months in prison and five years of supervised release for conviction on drug trafficking charges, U.S. Attorney Kurt Alme said.

Michael Armando Sanchez, 27, of Bakersfield, CA, pleaded guilty in November to possession with intent to distribute meth.

Chief U.S. District Judge Dana L. Christensen presided.

The prosecution said in court records that in March 2019, a U.S. Postal Service mail carrier attempted to deliver a package from Bakersfield, CA, to an apartment unit in Billings. The unit was unoccupied, and the mail carrier then knocked on a basement apartment. Two men answered the door. As the carrier left, one of the men claimed to be the “David Castillo,” who was later identified as Sanchez, and said that the package belonged to him. Sanchez was unable to produce any identification to receive the package and was informed that identification would be needed to retrieve the package from the main U.S. Postal Service office. Both men became irate and began yelling and calling the carrier names.  The carrier reported the incident to her supervisor.

Both men went to the post office and spoke with the manager about getting the package. The men became verbally aggressive about not getting the package, and after leaving, Sanchez called the post office again asking about the package.

Law enforcement arranged for a K9 to sniff the package and the dog alerted to the presence of narcotics. A search warrant was executed on the package, which was found to contain about eight ounces of meth. The package was given to the postal inspector for a controlled delivery from the post office.

The inspector called Sanchez and told him the post office could release the package. Both men arrived to pick up the package. Law enforcement arrested Sanchez after he took possession of the package. Sanchez admitted he knew the package contained meth and that it had been sent to him under a fake name.

Assistant U.S. Attorney Julie Patten prosecuted the case, which was investigated by the FBI’s Transnational Organized Crime West task force and USPS.

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.

XXX

GREAT FALLS—A jury today convicted a Browning man of sexually assaulting two women on the Blackfeet Reservation in 2018, U.S. Attorney Kurt Alme said.

A jury found Alphonse Bird, 82, guilty of one count of aggravated sexual abuse and one count of sexual abuse. The jury acquitted Bird of a second count of aggravated sexual abuse. The trial began on Monday.

Bird faces a maximum of life in prison, a $250,000 fine and five years of supervised release.

U.S. District Judge Brian Morris ordered Bird to report to custody on Jan. 31 and set sentencing for May 21.

“Mr. Bird posed a serious danger to women in the community. We know that Native American women face too much violence, including sexual violence, and it must stop. Those who prey on women will face prosecution to the full extent of the law. I want to thank Assistant U.S. Attorney Kalah Paisley, the FBI, Bureau of Indian Affairs and Blackfeet Law Enforcement Services for their work investigating and prosecuting this case,” U.S. Attorney Alme said.

The prosecution presented evidence at trial that on Sept. 15, 2018, the first victim approached a Blackfeet Law Enforcement officer near the Town Pump in Browning and reported that Bird had just raped her. Bird had picked her up near the Blackfeet Care Center and she thought he was giving her a ride home. Instead, Bird drove toward East Glacier Park, parked the vehicle and raped her. The victim couldn’t get Bird to stop until she got sick. He dropped her off near Advanced Towing and witnesses helped her. The victim promptly reported the assault and cooperated with the investigation.

In the second assault, a witness called law enforcement on Nov. 4, 2018 to report an incident she had just observed south of Browning in which a vehicle was parked on the side of the road. The witness pulled up to the passenger side to see if the occupants needed assistance. Bird was in the driver’s seat and the victim was a passenger. The victim attempted to sit up but was unable to do so. Bird drove away. The witness tried to follow but could not keep up and called law enforcement. A law enforcement officer located the vehicle and when she approached, she saw Bird, who had his right arm in a sling and was putting a glove on his left hand. Bird said he was bringing his passenger home and was just turning around.

The victim told the officer that Bird had picked her up and she thought he was going to take her home. The victim was intoxicated and had trouble recounting what happened, but said Bird sexually assaulted her despite telling him to stop. The victim said Bird kept telling her she was going to be okay.

DNA analysis linked Bird to evidence collected from both of the victims.

Assistant U.S. Attorney Kalah Paisley prosecuted the case, which was investigated by the FBI, the Bureau of Indian Affairs and Blackfeet Law Enforcement.

XXX

 

BILLINGS—A Billings man was sentenced today to 13 years in prison and five years of supervised release after a traffic stop ultimately led to his conviction on methamphetamine trafficking and firearms crimes, U.S. Attorney Kurt Alme said.

Fred Lewis Cutsinger, 32, pleaded guilty in August to possession with intent to distribute meth and to possession of a firearm in furtherance of a drug trafficking crime.

Chief U.S. District Judge Dana L. Christensen presided.

In court documents filed in the case, the prosecution said that Cutsinger was wanted on a warrant from Utah when he was arrested in Butte in November 2018 in an unrelated case. Prior to his November 2018 arrest, a Montana Highway Patrol trooper in Jefferson County made a traffic stop in August 2018 of a truck being driven erratically on the interstate. Cutsinger and his girlfriend were in the truck. Both provided false identification and inconsistent stories. The girlfriend was arrested and the truck was impounded pending a search warrant. Cutsinger was released. Although the Utah warrant was active, the trooper did not realize at the time that Cutsinger had provided false identification. 

During a search of the truck, law enforcement found methamphetamine and two stolen firearms. Prior to the August 2018 traffic stop, the Billings drug task force received information from a number of sources describing Cutsinger as a drug supplier and seller.

Assistant U.S. Attorney Lori Suek prosecuted the case, which was investigated by the FBI Transnational Organized Crime West 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 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.

XXX

BILLINGS—A California man who admitted transporting methamphetamine to Billings for distribution in Montana was sentenced today to 10 years in prison and five years of supervised release, U.S. Attorney Kurt Alme said.

Oscar Antonio Valenzuela, 27, of Calexico, CA, pleaded guilty in July to conspiracy to possess with intent to distribute meth.

Chief U.S. District Judge Dana L. Christensen presided.

The prosecution said in court records that Valenzuela was among a group of couriers who brought meth from Mexico to Billings in 2017 and 2018. Investigators learned of Valenzuela in early 2017 when they received cell phone records from phones seized from individuals distributing meth in Montana. A search warrant on a phone seized from a cooperating distributor showed months of text messages between the distributor and Valenzuela about transporting meth to Billings. The distributor also identified Valenzuela as the driver of a car that brought 20 pounds of meth to Billings. Twenty pounds of meth is the equivalent of about 72,480 doses and has a street value of about $150,000. Other witnesses involved in meth trafficking identified or provided information about Valenzuela.

Assistant U.S. Attorney Lori Suek prosecuted the case, which was investigated by the FBI Transnational Organized Crime West 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.

XXX

BILLINGS—A Billings man convicted of trafficking methamphetamine, including selling the drug at his tattoo parlor, was sentenced today to 15 years and eight months in prison and five years of supervised release, U.S. Attorney Kurt Alme said.

Charles Eugene Venditti, 42, was convicted by a jury in August on all five counts in an indictment, including conspiracy to possess with intent to distribute meth, possession with intent to distribute meth and three counts of distribution.

Chief U.S. District Judge Dana L. Christensen presided.

Prosecutors presented evidence at trial that law enforcement received information in May 2018 that Venditti was distributing meth. An investigation included having a confidential informant make three monitored meth buys from Venditti, including two buys that occurred at Venditti’s tattoo business, at 145 Grand Ave., and one in Venditti’s vehicle. Each purchase was for an ounce of meth for $800.

Law enforcement served search warrants on Venditti’s residence and business and another person’s residence. The search found drug paraphernalia and a small amount of meth at Venditti’s residence.

Assistant U.S. Attorneys Tom Godfrey and Colin Rubich 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.

XXX

 

BILLINGS—A Lame Deer man who admitted strangling a woman last year on the Northern Cheyenne Reservation was sentenced today to 30 months prison and three years of supervised release, U.S. Attorney Kurt Alme said.

Cameron Lee Russell, Sr., 43, pleaded guilty to strangulation in August.

U.S. District Judge Susan P. Watters presided.

The prosecution said in court records that Russell and the victim argued in a bedroom at a residence on March 13, 2019. When the victim pretended to throw a baby bottle at Russell, he rushed the victim, got on top of her and began to strangle her with both hands. The victim could not breathe or escape. Russell stopped when a child entered the room, but strangled the victim a second time before stopping eventually. The victim sent children to call police.

Assistant U.S. Attorney Bryan Dake prosecuted the case, which was investigated by the FBI.

XXX

The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:

Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Jan. 7 was:

Breanne Lee Wieder, 30, of Billings, on charges of prohibited person in possession of a firearm and possession of a firearm with an obliterated serial number. If convicted of the most serious crime, Wieder faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Wieder was detained pending further proceedings. The Billings Police Department, Yellowstone County Sheriff’s Office, Montana Department of Corrections, Probation and Parole and Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. Pacer case reference. 19-138.

Appearing on Jan. 8 was:

Amy Kathleen Sullivan, 50, of Lavina, 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, Sullivan faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. Sullivan was detained pending further proceedings. The FBI West task force investigated the case. Pacer case reference. 19-132.

Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Jan. 7 was:

Brian Dean Ward, 35, and Terence Kenneth Holloway, 23, both of Chicago, IL, on charges of conspiracy to possess with intent to distribute controlled substance and possession with intent to distribute controlled substances. If convicted of the most serious crime, Ward and Holloway face a minimum mandatory five years to 40 years in prison, a $5 million fine and four years of supervised release. Ward was detained pending further proceedings. The Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, Great Falls Police Department, Russell Country Task Force, U.S. Marshals Service and Teton County Sheriff’s Office investigated the case. Pacer case reference. 19-89.

If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.

To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

  XXX

 

MISSOULA—A Flathead Valley man who admitted possessing methamphetamine for distribution and having firearms in relation to meth trafficking was sentenced today to 10 years in prison and five years of supervised release, U.S. Attorney Kurt Alme said.

Patrick Ryan O’Leary, 56, of Martin City, pleaded guilty in September to possession with intent to distribute meth and to possessing a firearm in furtherance of a drug trafficking crime.

Chief U.S. District Judge Dana L. Christensen presided.

In court documents filed in the case, the prosecution said in March 2019, drug task force agents received information that O’Leary and his wife, Toni Jean Krause, a co-defendant, were involved in distributing meth in the Flathead Valley. Agents executed a search warrant at the couple’s Martin City residence and seized about 400 grams of meth, surveillance equipment, three firearms, electronic evidence and a large quantity of U.S. currency. The firearms included a pump-action shotgun, a semi-automatic shotgun and a semiautomatic rifle. Krause pleaded guilty in the case and is awaiting sentencing.

In June 2019, agents stopped O’Leary while he was making a drug run and found about 11 ounces of meth on his motorcycle and a loaded .357 magnum revolver on his person.  O’Leary admitted to law enforcement that the meth was his and that he possessed the revolver.

Assistant U.S. Attorney Tom Bartleson prosecuted the case, which was investigated by Immigration and Customs Enforcement, the Northwest Montana Drug Task Force, Flathead County Sheriff’s Office, Kalispell Police Department and the Whitefish Police Department.

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.

XXX

GREAT FALLS – A Florida woman today admitted she drove to Sweetgrass in September last year to try to pick up three illegal aliens from Mexico to take them back to Florida, U.S. Attorney Kurt Alme said.

Lucia Marlene Mendez, 34, of Tampa, Fla., pleaded guilty to attempted transportation of an illegal alien. Mendez faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release.

U.S. District Judge Brian M. Morris presided and set sentencing for May 6. Mendez was released pending further proceedings.

The prosecution said in court records that at about 4:15 a.m. on Sept. 8, 2019, a Border Patrol agent saw a suspicious black 2018 Dodge Caravan, with a Florida license plate registered to a vehicle rental company, driving in Sweetgrass, about a block from where three illegal aliens from Mexico had been apprehended.

Border Patrol agents pulled over the Caravan, and Mendez, the driver, and a passenger, her boyfriend, were identified. Mendez is a U.S. citizen, but boyfriend was an undocumented alien from Mexico and in the country illegally. Mendez initially told agents that she was on vacation and was looking for a hotel. After being told that one of the undocumented aliens had already told an agent that she was coming to pick them up, Mendez acknowledged she was there to get them.

Mendez told agents that she was to be paid $600 for driving from Florida to Sweetgrass to get the illegal aliens. She was given $1,000 for gas and hotels for roundtrip travel to Montana and back to Florida. Mendez told agents that had she realized how far Sweetgrass was from Florida, she would have asked for more money.

Assistant U.S. Attorney Paulette Stewart is prosecuting the case, which was investigated by the U.S. Border Patrol.

XXX

GREAT FALLS – A Mexico citizen pleaded guilty today to illegal re-entry after she was arrested in Glacier County with others during an investigation into possible alien smuggling from Canada, U.S. Attorney Kurt Alme said.

Ma Mercedes Rivera-Gutierrez, 39, pleaded guilty to illegal re-entry into the United States after having been previously deported. Rivera-Gutierrez faces a maximum two years in prison, a $250,000 fine and three years of supervised release.

U.S. District Judge Brian Morris presided and set sentencing for Feb. 6. Rivera-Gutierrez was detained pending further proceedings.

The prosecution said in court records that Rivera-Gutierrez was found in Glacier County on Nov. 17, 2019, shortly after she entered the United States. Rivera-Gutierrez had been removed from the United States in 2001, 2007 and 2012 and had not applied for permission to re-enter. Rivera-Gutierrez admitted she re-entered the United States on foot, north of Cut Bank, in Glacier County.

On Nov. 17, 2019, a Border Patrol agent observed a black Chevrolet Suburban traveling south on Highway 213 at about 10:45 p.m. and, based on intelligence and surveillance, had reason to believe the vehicle was being used to traffic undocumented aliens. When the agent activated his emergency lights and performed a traffic stop on the Suburban, multiple occupants absconded on foot into an agricultural field. Agents searched the field and arrested multiple persons, including Rivera-Gutierrez. 

Assistant U.S. Attorney Paulette Stewart is prosecuting the case, which was investigated by U.S. Customs and Border Protection.

XXX

 

GREAT FALLS – A Box Elder woman today admitted she stabbed a man in the hand and chest with a butterfly knife on the Rocky Boy’s Reservation last year, U.S. Attorney Kurt Alme said.

Katie Lynn Big Bow, 44, pleaded guilty to assault of a dating partner. Big Bow faces a maximum five years in prison, a $250,000 fine and three years of supervised release.

U.S. District Judge Brian M. Morris presided and set sentencing for May 7. Big Bow was detained pending further proceedings.

The prosecution said in court records that the assault occurred on May 2, 2019 when Big Bow stabbed the victim with a butterfly knife in the left hand and upper chest at his house in Box Elder. The victim was transported to the Northern Montana Hospital for treatment. Big Bow and the victim are in a relationship.

Assistant U.S. Attorney Paulette Stewart is prosecuting the case, which was investigated by the FBI and Rocky Boy’s Chippewa Cree Law Enforcement.

XXX

BILLINGS – An investigation into a methamphetamine conspiracy led to a Billings man who admitted drug trafficking crimes today after agents found 30 pounds of meth and $11,380 cash in his vehicle, U.S. Attorney Kurt Alme said.

Jerry Ray Schuster, 56, pleaded guilty to conspiracy to possess with intent to distribute meth and to possession with intent to distribute meth. Schuster faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release.

U.S. District Judge Susan Watters presided and set sentencing for May 7. Schuster was released pending further proceedings.

The prosecution said in court records that an investigation into meth trafficking led to Schuster and a co-defendant, Byrne Mestas. Mestas, 62, of Billings, has pleaded not guilty.

Law enforcement served a search warrant at Schuster’s and Mestas’ trailer on May 3, 2019. In the trailer 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 Schuster and Mestas residence. A search of a Suzuki Swift registered to Schuster found 30 pounds of meth located in three backpacks, $11,380 in cash and receipts documenting a trip to California. Thirty pounds of meth is the equivalent of about 108,720 doses and has a street value of about $225,000. In the other three vehicles, agents found another pound of meth, 100 pills, cash and other items.

Assistant U.S. Attorney Julie Patten is prosecuting 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.

XXX

GREAT FALLS – A Browning man today admitted assaulting a woman by throwing her to the ground, breaking her arm and injuring her shoulder, on the Blackfeet Reservation last year, U.S. Attorney Kurt Alme said.

Dylan Jace Arrow Top Knot, 20, pleaded guilty to assault resulting in serious bodily injury. He faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release.

U.S. District Judge Brian M. Morris presided and set sentencing for May 7. Arrow Top Knot was released pending further proceedings.

In court records filed in the case, the prosecution said that Arrow Top Knot was intoxicated when he went to the victim’s house in Browning on April 12, 2019. Arrow Top Knot began hitting the victim’s vehicle. When the victim went outside to see what was going on, Arrow Top Knot began assaulting her and threw her to the ground. The victim landed on her left side, seriously injuring her shoulder and breaking her upper arm. The victim required medical treatment in Montana and Washington.

Arrow Top Knot told investigators he did not remember what happened that night because he had been drinking and blacked out. He expressed remorse for hurting the victim and gave the investigator an apology letter for the victim.

Assistant U.S. Attorney Kalah Paisley is prosecuting the case, which was investigated by the Bureau of Indian Affairs and Blackfeet Law Enforcement Services.

XXX

MISSOULA—a Missoula man who admitted to illegally possessing two firearms was sentenced today to 22 months in prison and three years of supervised release, U.S. Attorney Kurt Alme said.

Scott Michael Todd, 39, pleaded guilty in September to prohibited person in possession of a firearm.

U.S. District Judge Donald M. Molloy presided.

In court document filed in the case, the prosecution said that in December 2018, Montana Probation and Parole officers conducted a check and search of Todd’s residence. The officers found two firearms, a Winchester Model 94 rifle with loaded with four rounds and a Heritage .22-caliber long rifle revolver. Todd was convicted in 2014 of felony robbery in Montana and was prohibited from possessing firearms.

Assistant U.S. Attorney Cyndee Peterson prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Missoula Police Department and Montana Probation and Parole.

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.

XXX

MISSOULA—A Kalispell woman who admitted selling oxycodone pills to an undercover agent was sentenced today to 37 months in prison and three years of supervised release, U.S. Attorney Kurt Alme said.

Judith Johanna Cossette, 67, pleaded guilty in September to possession and attempted possession of oxycodone with intent to distribute.

U.S. District Judge Donald M. Molloy presided.

The prosecution said in court documents filed in the case that Cossette met with an undercover agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives in March 2019 and sold the agent several pills, including 19 oxycodone tablets. Cossette told the agent she would be receiving 112 oxycodone tablets the following week and agreed to provide the agent with a steady supply of oxycodone for six months. The agent told Cossette he wanted the tablets to make some money.

Assistant U.S. Attorney Tim Racicot prosecuted the case, which was investigated by the ATF.

XXX

 

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. 30 was:

Joshua John Welliver, 32, of Billings, on charges of possession with intent to distribute heroin, possession of a firearm in furtherance of a drug trafficking crime and prohibited person in possession of a firearm. If convicted of the most serious crime, Welliver faces a maximum 20 years in prison, a $1 million fine and three years of supervised release. Welliver was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. Pacer case reference. 19-153.

Appearing on Jan. 3 was:

James Russell Gokey Jr., 38, of Billings, on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute meth and distribution of meth. If convicted of the most serious crime, Gokey faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. Gokey was released pending further proceedings. The Eastern Montana High Intensity Drug Trafficking Area Task Force investigated the case. Pacer case reference. 19-158.

If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.

To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

 XXX

 

BILLINGS – The owners of Kisling Quality Builders today admitted they evaded paying more than $320,000 in taxes in a scheme in which they used the construction of a Billings mansion to avoid reporting more than $800,000 in profits, U.S. Attorney Kurt Alme said.

James Kisling, 51, and his wife, Timilynn Kisling, 44, of Billings, each pleaded guilty to an information charging them with two counts of tax evasion.  The Kislings face a maximum five years in prison, a $100,000 fine, costs of prosecution and three years of supervised release.

U.S. Magistrate Judge Timothy J. Cavan presided and will recommend the couple’s pleas be accepted by U.S. District Judge Susan P. Watters, who is hearing the case. The Kislings were released pending further proceedings. A sentencing date has not yet been set.

 Prosecutors said in court records that the Kislings, who own KQB, arranged with Larry Wayne Price, Jr., to hide income when Price hired the company in 2014 to build his house—one of the largest residential mansions every constructed in Billings. KQB agreed to construct the house at cost plus 9 percent, making KQB’s profit an additional 9 percent of the cost.

Price, a former vice president of Signal Peak Energy, a Montana coal company, is awaiting sentencing for his guilty pleas to wire fraud, money laundering and false statements for defrauding coal companies of about $20 million and lying to investigators about a fake abduction. Price’s Billings mansion is among properties to be forfeited at sentencing as part of an agreement with the government.

The Kislings committed tax fraud with Price’s cooperation and knowledge, prosecutors said in court documents. In 2014, the Kislings began building a home for themselves. Instead of paying for this house with their income, the Kislings arranged with Price to make it appear as if the cost of their personal house was part of construction costs of Price’s mansion. The Kislings referred to their house as the “Price Guest House” in work documents for the mansion, and they deducted construction costs for this house from the 9 percent profits they were supposed to receive from Price. Rather than pay the Kislings their profit for building the mansion, Price and the Kislings agreed that Price would simply not pay them approximately $526,132, which was the cost of constructing their personal home, but that the Kislings would still credit him for doing so.

Through this arrangement, the Kislings disguised $526,132 of profits on the Price mansion and deliberately did not report this income to the IRS on their 2014 tax return as required.

In 2015, a similar transaction occurred when the Kislings needed a $275,000 loan on a short time frame for a land transaction in Wyoming. Instead of going to a bank for financing, the Kislings asked Price for the money. Price agreed to the loan and provided the funds. And in an arrangement similar to the Kislings’ personal house construction, the repayment of this loan was disguised as expenses related to the “Price Guest House” and deducted from the 9 percent Price was supposed to pay the Kislings. As a result, the Kislings disguised $275,000 of profits for their work on the Price mansion. The Kislings deliberately did not report this income to the IRS on their 2015 tax return as required.

In an interview with Department of Justice representatives, the Kislings acknowledged that they knowingly and willfully omitted profits from their 2014 and 2015 tax returns and that they both participated in the scheme. The scheme enabled the Kislings to hide approximately $801,132 in income from the IRS.

The parties disagree on the amount of the government’s loss from the fraud but hope to resolve the difference before sentencing. The IRS has calculated the tax due and owning as $327,664, not including penalty and interest, while the Kislings’ accountant has calculated the tax due as $320,102, not including penalty and interest.

Assistant U.S. Attorneys Colin Rubich, Zeno Baucus and Tim Tatarka are prosecuting the case, which was investigated by the IRS and FBI.

XXX

 

 

 

 

 

 

 

MISSOULA—A Missoula man who admitted being a methamphetamine dealer was sentenced today to three years in prison and five years of supervised release, U.S. Attorney Kurt Alme said.

Robert Matthew Wilson, 35, of Missoula, pleaded guilty in September to conspiracy to distribute meth.

U.S. District Judge Donald M. Molloy presided.

In court documents filed by the prosecution, five confidential informants told law enforcement officers about Wilson’s meth dealing activities, including his distributing the drug to others and his trading meth for various items. Wilson admitted to law enforcement that he was a dealer and that his residence was a meth distribution center.

Assistant U.S. Attorney Tara Elliott prosecuted the case, which was investigated by the FBI and the Montana Regional Violent Crime Task Force.

The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

XXX

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. 23 was:

Shean Moore, 38, of Billings, on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute meth and distribution of meth. If convicted of the most serious crime, Moore faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. Moore was detained pending further proceedings. The case was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force. Pacer case reference. 19-158.

Charles Anthony Sloan, 31, of Hardin, on charges of conspiracy to possess with intent to distribute meth, possession with intent to distribute meth and distribution of meth. If convicted of the most serious crime, Sloan faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least three years of supervised release. Sloan was detained pending further proceedings. The case was investigated by the Drug Enforcement Administration. Pacer case reference. 19-157.

Abran Rodriguez Rascon, 33, of Billings, on charges of prohibited person in possession of a firearm. If convicted of the most serious crime, Rascon faces a maximum 10 years in prison a $250,000 fine and three years of supervised release. Rascon was detained pending further proceedings. Pacer case reference. 19-149.

Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on Dec. 23 was:

Nicole Lee Chappel, 29, of Kalispell, on charges of conspiracy to possess with intent to distribute meth, possession with intent to distribute meth and distribution of meth. If convicted of the most serious crime, Chappel faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. Chappel was detained pending further proceedings. The case was investigated by the Drug Enforcement Administration and the Kalispell Police Department. Pacer case reference. 19-57.

Kevin Kenneth Gaethle, 38, of Lakeside, on charges of conspiracy to possess with intent to distribute meth, possession with intent to distribute meth and distribution of meth. If convicted of the most serious crime, Gaethle faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. Gaethle was detained pending further proceedings. The case was investigated by the Drug Enforcement Administration and the Kalispell Police Department. Pacer case reference. 19-58.

Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Dec. 23 was:

John Thomas Azure, 49, of Browning, on charges of aggravated sexual abuse and sexual abuse. If convicted of the most serious crime, Azure faces a maximum of life in prison, a $250,000 fine and five years of supervised release. Azure was detained pending further proceedings. The case was investigated by the FBI and the Blackfeet Law Enforcement Services. Pacer case reference. 19-87.

If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.

To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

 XXX

BILLINGS - U.S. Attorney Kurt Alme announced today that the District of Montana collected $9,536,489 in criminal and civil actions in Fiscal Year 2019.  Of this amount, the office collected $1,567,514 in criminal actions and $7,968,974 in civil actions. 

In some cases, the U.S. Attorney’s Office worked jointly with other litigating agencies of the Department of Justice to collect an additional $1,230,331.

“These recovered funds come from divesting criminals of ill-gotten gains and from civil penalties and debt collections. The money helps to make crime victims whole and benefits the U.S. Treasury, which are priorities of this office. I want to thank our employees and in particular, the Financial Litigation Unit, for their hard work and dedication,” U.S. Attorney Alme said.

Funds collected in criminal judgments include cases involving Stanley Weber, a former Indian Health Service doctor convicted of sexual abuse of children, and Woody’s Trucking LLC, which was convicted of multiple charges stemming from a 2012 explosion of an oil and gas processing plant in Wibaux.

Some of the funds recovered funds in civil actions include cases involving Bozeman Health Deaconess Hospital for alleged fraudulent billing and the Confederated Salish and Kootenai Tribes Pharmacy for alleged pharmacy violations involving opioids.

The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims.  The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss.  While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.

Additionally, the U.S. Attorney’s Office in Montana, working with partner agencies and divisions, collected $584,174 in asset forfeiture actions in FY 2019.  Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.

###

MISSOULA – A jury on Wednesday convicted a Missoula man accused of trafficking methamphetamine in the community of multiple drug and firearms crimes, U.S. Attorney Kurt Alme said today.

After a three-day trial that began on Dec. 16, the jury found Allan Roy Goodman, 43, guilty on all counts, including conspiracy to distribute meth, possession with intent to distribute meth, distribution of a controlled substance, possession a firearm in furtherance of a drug trafficking crime, prohibited person in possession of a firearm and obstruction of justice.

Goodman faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release on the conspiracy count and a minimum mandatory five years to life consecutive to any other sentence, a $250,000 fine and five years of supervised release on possessing a firearm in furtherance of drug trafficking.

U.S. District Judge Donald W. Molloy presided and set sentencing for April 2, 2020. Goodman was detained.

“Mr. Goodman was a major drug dealer in the community and posed a significant threat to public safety and to witnesses in the case. The community will be safer with him behind bars. I want to thank Assistant U.S. Attorney Tara Elliott, the FBI’s Montana Regional Violent Crime Task Force, the Missoula HIDTA Task Force and the Northwest Drug Task Force for their work on this case,” U.S. Attorney Alme said.

At trial, the prosecution presented evidence that Goodman was a prolific meth and heroin dealer. On three separate occasions, Goodman sold drugs to a confidential source who was working for the Missoula High Intensity Drug Trafficking Area Task Force. Two witnesses testified about selling Goodman a .380-caliber pistol for heroin.

Law enforcement served a federal search warrant on Sept. 12 for Goodman’s garage and recovered two firearms. Goodman had been convicted of felonies on two prior occasions.

The prosecution also said evidence showed that in early October, Goodman, along with another person, assaulted a cooperating witness while all were incarcerated in Shelby. Goodman indicated to the witness during the assault that he had reviewed discovery in his case that showed the witness had spoken to law enforcement about Goodman’s drug dealing.

Assistant U.S. Attorney Tara Elliott prosecuted the case, which was investigated by the FBI’s Montana Regional Violent Crime Task Force, the Missoula HIDTA Task Force and the Northwest Drug Task Force.

 The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

XXX

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. 20 was:

Dale Lee Musgrave, 50, of Pompeys Pillar, on charges of conspiracy to possess with intent to distribute cocaine and possession with intent to distribute cocaine. If convicted of the most serious crime, Musgrave faces a maximum 20 years in prison, a $1 million fine and three years of supervised release. Musgrave was released pending further proceedings. The case was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force. Pacer case reference. 19-159.

Appearing on Dec. 17 on a criminal complaint:

Tyler Fleming, 37, of Billings, on charges of possession with intent to distribute methamphetamine. If convicted of the most serious crime, Fleming faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. Fleming was detained pending further proceedings. The case was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force. Pacer case reference. 19-78.

Appearing on Dec. 16 was:

Ryan Edwin Hewitt, 35, of Wenatchee, WA, on charges of conspiracy to possess with intent to distribute controlled substances, possession with intent to distribute controlled substances and possession of a firearm in furtherance of a drug trafficking crime. If convicted of the most serious crime, Hewitt faces a minimum mandatory five years to 40 years in prison, a $5 million fine and at least five years of supervised release. Hewitt was detained pending further proceedings. The case was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force.  Pacer case reference. 19-107.

Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Dec. 18 was:

Austin Kade Goings, 22, of Browning, on charges of sexual abuse of a minor and aggravated sexual abuse. If convicted of the most serious crime, Goings faces a maximum life in prison, a $250,000 fine and five years of restitution. Goings was detained pending further proceedings. The case was investigated by the Bureau of Indian Affairs and Blackfeet Law Enforcement Services. Pacer case reference. 19-83.

Appearing on a criminal complaint was:

Eric Shawn Roasting Stick, 37, of Box Elder, on charges of assault with a dangerous weapon; domestic assault resulting in substantial bodily injury and domestic assault by habitual offender. If convicted of the most serious crime, Roasting Stick faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Roasting Stick was detained pending further proceedings. The FBI investigated the case. Pacer case reference. 19-97.

If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.

To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

 

 XXX

 

 

 

MISSOULA—An Arlee man with a felony record was sentenced today to five years in prison and three years of supervised release after he admitted to illegally possessing a firearm, U.S. Attorney Kurt Alme said.

Gregory Scott Tolley, 59, pleaded guilty to felon in possession of a firearm in September.

U.S. District Judge Donald Molloy presided.

The prosecution said in court records that in December 2018, Tolley was arrested on a state court warrant for failure to appear. At the time, Tolley also was on state probation for felony theft. Officers searched the vehicle Tolley was driving and found a 9mm semi-automatic pistol and ammunition. In 1994, Tolley was convicted in federal District Court in Montana of being a felon in possession of a firearm and for possession of an unregistered firearm and sentenced to 13.5 years in prison. Tolley knew he could not possess firearms because he had signed firearm notification forms in 2007 and 2012, acknowledging that his felony convictions prohibited him from having firearms or ammunition.

Assistant U.S. Attorney Cyndee Peterson prosecuted the case, which was investigated by the FBI, Mineral County Sheriff’s Office, Montana Probation and Parole, the Montana Highway Patrol and the U.S. Marshals Service.

The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

XXX

 

 

BILLINGS—A Livingston man who led law enforcement on a vehicle chase before getting arrested after a manhunt was sentenced on Wednesday to 13 years in prison and five years of supervised release for methamphetamine trafficking crimes, U.S. Attorney Kurt Alme said.

Shaunesy Alan Cole, 37, pleaded guilty on June to possession with intent to distribute meth and to possession of a firearm in furtherance of a drug trafficking crime.

U.S. District Judge Susan P. Watters presided.

Cole was charged with drug trafficking crimes after Park County Sheriff’s deputies attempted to pull over a vehicle Cole was driving in July 2018, the prosecution said in court records. Cole gave a false name and instead of stepping out of the vehicle as instructed, he sped off. As deputies pursued, Cole fired a gun from the driver’s side window. Law enforcement stopped the chase for safety reasons and because Cole had driven down a dead end road.  Law enforcement set up a road block and a manhunt began.

The next day, deputies got a call from a resident in Quinn Creek that Cole was walking around the balcony of his home. As officers converged, Cole jumped off the balcony and went down a steep embankment. Officers arrested Cole a short time later. During a search of the area, officers found a loaded 9mm semi-automatic pistol. On Cole, officers found a box of 9mm ammunition and about 21 grams of meth.

In an interview with law enforcement, Cole said he was using heroin, meth and acid and that he had traded four grams of meth for the 9mm pistol. Law enforcement determined that the pistol had been reported stolen.

Assistant U.S. Attorney Tom Godfrey prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

XXX

MISSOULA—An Idaho man who admitted possessing meth for distribution after the vehicle in which he was riding crashed in Bozeman was sentenced today to 54 months in prison and five years of supervised release, U.S. Attorney Kurt Alme said.

Robert David Barclay, Jr., 42, of Pocatello, ID, pleaded guilty in August to possession with intent to distribute meth.

Chief U.S. District Judge Dana L. Christensen presided.

The prosecution said in court records that Barclay was arrested on May 7 and that law enforcement found 329 grams, or about 11 ounces, of meth in his backpack. A Montana Highway Patrol trooper who was watching traffic on Interstate 90 from the median near the Belgrade interchange, saw a sedan approaching at what appeared to be faster than the speed limit. The trooper pulled out to follow the sedan when it abruptly exited the interstate. After a high-speed chase toward Bozeman at rates nearing 90 mph, the trooper discontinued the pursuit for safety reasons.

Citizens reported a crash near the Costco parking lot and a man carrying a black backpack. A Gallatin County Sheriff’s deputy who was nearby responded and saw a man fitting the description provided by the Costco loading docks. A foot chase began and the man, identified as Barclay, was arrested for obstructing a peace officer. During a search of Barclay’s backpack at the county’s detention center, officers found 12 bags of meth, which totaled about 329 grams of nearly pure meth.

Assistant U.S. Attorney Tom Bartleson prosecuted the case, which was investigated by the Missouri River Drug Task Force, the Montana Highway Patrol, the Gallatin County Sheriff’s Office and the FBI.

The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

XXX

 

 

MISSOULA—A Gallatin County man who admitted distributing child pornography using his smartphone was sentenced today to 19 years and seven months in prison and 15 years of supervised release, U.S. Attorney Kurt Alme said.

In addition, Chief U.S. District Judge Dana L. Christensen ordered Aaron Matthew Manning, 30, to pay $18,000 restitution and to forfeit his smartphone.

Manning pleaded guilty in September to distribution of child pornography.

The prosecution said in court records that the Bozeman Police Department and the Gallatin County Sheriff’s Office were investigating Manning in 2016 for sexually assaulting a 12-year-old child he had met online. During the investigation, law enforcement obtained search warrants for Manning’s smartphone and his Dropbox account, a cloud-based file storage service. Investigators determined that Manning used an application known as KIK on his smartphone to trade child pornography with other KIK users and that in December 2015, Manning sent an image of a prepubescent child engaged in sexually explicit conduct to another KIK user. Manning also communicated with another KIK user and sent the user a link to his Dropbox account, which investigators determined contained images and videos of child pornography.

Assistant U.S. Attorney Cyndee Peterson prosecuted the case, which was investigated by the Bozeman Police Department, the Gallatin County Sheriff’s Office and the Internet Crimes Against Children Task Force.

This case was initiated under the Department of Justice’s Project Safe Childhood initiative, which was launched in 2006 to combat the proliferation of technology-facilitated crimes involving the sexual exploitation of children. Through a network of federal, state and local law enforcement agencies and advocacy organizations, Project Safe Childhood attempts to protect children by investigating and prosecuting offenders involved in child sexual exploitation. It is implemented through partnerships including the Montana Internet Crimes Against Children Task Force. The ICAC Task Force Program was created to assist state and local law enforcement agencies by enhancing their investigative response to technology facilitated crimes against children.

XXX

MISSOULA—The pastor of the United Pentecostal Church in Butte was sentenced today to five years of probation and ordered to pay $288,757 for embezzling from the church organization over a four-year period, U.S. Attorney Kurt Alme said.

Kenneth Emmett Hogue, 66, of Butte, pleaded guilty in August to wire fraud.

Chief U.S. District Judge Dana L. Christensen presided.

The prosecution said in court documents filed in the case that Hogue began serving as pastor of the United Pentecostal Church in Butte in 1982. In April 2012, Hogue was elected secretary/treasurer of the Rocky Mountain District of the UPC. Hogue’s duties as secretary/treasurer included making church offering deposits at the bank, writing checks for church expenses, maintaining financial records and preparing annual financial statements in conjunction with the church’s annual conferences.

From June 2012 to July 2016, Hogue embezzled $288,757 from the church. He admitted the fraud to church personnel and during an FBI interview in March 2018. Hogue carried out the scheme by using a debit card that belonged to the District to withdraw cash from ATMs, by issuing an unauthorized check to himself from a District bank account and by opening a new bank account in the name of the District, without permission, and transferring money into that account. He later removed the transferred money using ATM transactions.

Assistant U. S. Attorney Tim Racicot prosecuted the case, which was investigated by the FBI.

XXX

GREAT FALLS—A Browning man who admitted to sexually molesting two children on the Blackfeet Indian Reservation was sentenced today to 27 months in prison, a lifetime of supervised release and ordered to pay $442 restitution, U.S. Attorney Kurt Alme said.

Edward Dean Cassidy, 53, pleaded guilty in September to abusive sexual contact of a minor.

U.S. District Judge Brian M. Morris presided.

Court records filed by the prosecution said that from 2014 to 2016, Cassidy sexually molested two minor children, who were under the age of 12 years.

Assistant U.S. Attorney Ryan Weldon prosecuted the case, which was investigated by the FBI.

XXX

BILLINGS—A Hardin man who admitted punching and strangling his partner last year on the Crow Reservation was sentenced today to 33 months in prison and three years of supervised release, U.S. Attorney Kurt Alme said.

James Keith Bellrock, Jr., 44, pleaded guilty in August to assault resulting in serious bodily injury to a dating partner and to assault of a dating partner by strangulation.

U.S. District Judge Susan P. Watters presided.

The prosecution said in court records that on Jan. 10, 2018, the victim told FBI agents during an interview at St. Vincent Healthcare’s emergency room in Billings that Bellrock had assaulted her at their St. Xavier residence, on the Crow Reservation.

Bellrock had become angry and then violent with the victim, punching her in the head and face several times and strangling her until she lost consciousness. Blood samples collected from the residence and from coveralls worn by Bellrock at the time of the assault showed strong support that the blood belonged to the victim.

Assistant U.S. Attorney Lori Suek and Law Intern Ryan Warner prosecuted the case, which was investigated by the FBI.

XXX

MISSOULA—A Thompson Falls man accused of possessing a firearm after having been found to suffer from a mental disorder appeared Dec. 16 on charges, U.S. Attorney Kurt Alme said.

Suede Jeffrey Shuttle, 25, appeared before U.S. Magistrate Judge Kathleen L. Desoto on a criminal complaint. The complaint charges Shuttle with person in possession of a firearm that has been previously adjudicated mentally defective or had been previously committed to a mental institution.

If convicted of the most serious crime, Shuttle faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release.

The complaint is merely an accusation, and Shuttle is presumed innocent until proven guilty.

Shuttle was detained pending further proceedings.

The complaint alleges that Shuttle, after having been advised by the Bureau of Alcohol, Tobacco, Firearms and Explosives that he was no longer allowed to possess firearms because he had been previously committed to a mental hospital, possessed a .308 caliber bolt action, military style rifle on Dec. 10.

Assistant U.S. Attorney Ryan Weldon is prosecuting the case, which was investigated by the ATF and the Thompson Falls Police Department.

Pacer case reference. 19-73.

If the above cases is of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.

To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

 XXX

 

 

MISSOULA – A Columbia Falls man who admitted soliciting sexually explicit images of a minor girl through his Facebook account and mobile phone pleaded guilty on Monday to sexual exploitation of a child, U.S. Attorney Kurt Alme said.

Todd Louis Pajnich, 30, appeared before U.S. Magistrate Kathleen L. DeSoto, who will recommend his plea be accepted by Chief U.S. District Judge Dana L. Christensen, who is hearing the case.

Pajnich faces a minimum mandatory 15 years to 30 years in prison, a $250,000 fine and at least five years to a lifetime of supervised release. Pajnich was detained pending further proceedings. Sentencing was set for March 27, 2020.

In court records filed in the case, the prosecution said that beginning in January, Pajnich started communicating on Facebook with a 10-year-old girl. In April, Facebook reported potential online sexual exploitation involving the girl’s and Pajnich’s accounts. A law enforcement investigation found records in which Pajnich asked the girl her age and that she told him she was 13. Pajnich then asked the girl to send him sexually explicit images of herself. He sent the victim sexually explicit images of a male, purportedly of himself, and encouraged girl to send him sexually explicit images of herself, which she did. Pajnich admitted to law enforcement that he knew the victim was a child and that he solicited sexually explicit images of her.

Assistant U.S. Attorney Cyndee Peterson is prosecuting the case, which was investigated by Homeland Security Investigations, the Flathead County Sheriff’s Office and the Internet Crimes Against Children Task Force.

This case was initiated under the Department of Justice’s Project Safe Childhood initiative, which was launched in 2006 to combat the proliferation of technology-facilitated crimes involving the sexual exploitation of children. Through a network of federal, state and local law enforcement agencies and advocacy organizations, Project Safe Childhood attempts to protect children by investigating and prosecuting offenders involved in child sexual exploitation. It is implemented through partnerships including the Montana Internet Crimes Against Children Task Force. The ICAC Task Force Program was created to assist state and local law enforcement agencies by enhancing their investigative response to technology facilitated crimes against children.

XXX

 

BILLINGS – The Department of Justice has selected an additional 30 Indian tribes, including the Chippewa Cree Tribe in Montana, to participate in the expansion of the Tribal Access Program for National Crime Information (TAP), a program that provides federally recognized tribes the ability to access and exchange data with national crime information databases for both criminal and non-criminal justice purposes. 

“The Tribal Access Program is strengthening tribal governance and public safety in tribal communities across the United States,” said Attorney General William P. Barr. “TAP provides law enforcement and tribal governments real-time access to data that can help locate a missing person, identify a dangerous fugitive or prevent a domestic abuser from obtaining a gun, among many other important functions.  The Trump administration is committed to fixing these public safety gaps and serving victims in Indian country. I believe the expansion of this law enforcement tool will prove to be critical in achieving those goals.”

Montana U.S. Attorney Kurt Alme said, “We are pleased that the Chippewa Cree Tribe on the Rocky Boy’s Reservation has been selected for expansion of the Tribal Access Program. The program will allow the Chippewa Cree Tribal Police and other tribal departments to enter information about missing persons into the national missing persons database, enter updates about each person and learn of updates from law enforcement across the country.”

“This will be a big step toward ensuring that missing persons, particularly Chippewa Cree women and children, are found, and that the Tribe has the most up to date information about missing members,” said Alme, who also is vice chair of the Attorney General’s Native American Issues Subcommittee.

“This Chippewa Cree Tribe is very grateful and appreciative to have been selected to receive TAP. It will allow us to enhance our work and services without delay to better protect and provide our community members, first responders and other tribal entities with critical information,” said Harlan Baker, chairman of the Chippewa Cree Business Committee.

TAP is currently deployed to more than 75 tribes across the country with over 300 participating tribal justice agencies, including the Blackfeet, Fort Peck, Crow and Northern Cheyenne tribes in the District of Montana. The program provides software to enable tribes to access national crime information databases and/or a kiosk-workstation that provides the ability to submit and query fingerprint-based transactions via FBI Criminal Justice Information Services (CJIS) Next Generation Identification (NGI) System. 

This fifth expansion of TAP is part of the Justice Department’s continuing focus on public safety in American Indian and Alaska Native communities, allowing tribes to more effectively serve and protect their communities by ensuring the exchange of critical data with federal and state databases.

On November 22, Attorney General Barr launched a national strategy to address the issues surrounding missing and murdered Native Americans, and TAP provides the ability for participating tribes to exchange data with FBI CJIS, including data on missing persons from the National Crime Information Center (NCIC).

In October, the Justice Department announced an unprecedented $273 million in grants to improve public safety, serve victims of crime, combat violence against women, and support youth programs in American Indian and Alaska Native communities.

TAP enhances tribal efforts to register sex offenders pursuant to the Sex Offender Registration and Notification Act (SORNA), have orders of protection enforced off-reservation, protect children, keep firearms away from persons who are disqualified from receiving them, improve safety within public housing, and allows tribes to record their arrests and convictions in national databases.

TAP supports tribes in analyzing their needs for national crime information with appropriate solutions, including a state-of-the-art biometric/biographic kiosk-workstation with capabilities to process finger and palm prints, take mugshots and submit records to national databases, as well as the ability to access CJIS systems for criminal and non-criminal justice purposes through the Department of Justice’s Criminal Justice Information Network. TAP, which is managed by the Chief Information Officer and the Office of Tribal Justice, provides specialized training and assistance for participating tribes, including computer-based training and on-site instruction, as well as a 24x7 help desk.

TAP is primarily funded by the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART); the Office of Community Oriented Policing Services (COPS); and the Office for Victims of Crime (OVC).  TAP prioritized tribal applicants that have a law enforcement agency currently unable to access the FBI CJIS databases; have a tribal sex offender registry pursuant to the Adam Walsh Act and are currently unable to easily submit data to national crime information databases; and/or have a tribal court which issues orders of protection in domestic violence cases.

For more information on TAP, visit www.justice.gov/tribal/tribal-access-program-tap.

For more information about the Justice Department’s work on tribal justice, public safety issues and victim services, visit www.justice.gov/tribal.

 

# # #

 

 

MISSOULA—A New York City man who admitted lying to federal agents about wanting to fight for the Islamic State of Iraq and al-Sham or “ISIS” and to conduct an attack in the United States was sentenced today to 57 months in prison and three years of supervised release, U.S. Attorney Kurt Alme said.

Fabjan Alameti, 21, from the Bronx, in New York City, NY, pleaded guilty in August to two counts of false statements to a federal officer in a matter involving terrorism.

Chief U.S. District Judge Dana L. Christensen presided.

“Because of the vigilance of the FBI, and the good work and coordination among the FBI, our Anti-Terrorism Unit, and the U.S. Department of Justice’s Counterterrorism Section, the people of Montana were never in any real danger. Stopping acts of terrorism is the top priority of the DOJ, and we will prosecute all who would commit them to the full extent of the law,” U.S. Attorney Alme said.

“This case highlights the real threat posed by homegrown violent extremists, people who self-radicalize at home and are prone to attack with little to no warning,” said Special Agent in Charge Paul Haertel, of the FBI’s Salt Lake City Field Office.  “Preventing terrorist attacks is the FBI’s number one priority and the mission of our Joint Terrorism Task Forces.  We will use every investigative tool available to us and continue to work with our law enforcement partners to identify, assess and disrupt threats to keep our communities safe."

Prosecution documents filed in the case said Alameti had been part of a terrorism investigation by the FBI in 2018. Alameti became an ISIS supporter, watching ISIS videos online and making pro-ISIS posts on a Facebook account. The FBI questioned him about his fascination with ISIS, and Alameti denied any affiliation or support for the designated foreign terrorist organization. The investigation also involved an FBI confidential source who Alameti encountered while posting messages on a pro-ISIS social media page. Alameti believed the confidential source was an ISIS supporter who lived in the Middle East.

In March, Alameti boarded a bus and traveled from New York to Bozeman, where he agreed to speak with an FBI agent. During that interview, Alameti said he had never talked about traveling overseas to fight for ISIS and that he had never wanted to hurt any Americans or anyone in the military.

However, Alameti had used a Facebook account and communicated with others that he wanted to travel overseas and fight for ISIS because he wanted to die a martyr’s death. Alameti also communicated with others about targeting people in the United States and identified targets as gay night clubs, a federal building and an Army recruiting center. Alameti admitted making statements to an individual that he wanted to “shoot people or something,” “I will attack random people to avenge the blood,” and “I’m going to Montana and gonna (sic) buy a gun since all they need is a background check and ID.”

Agents ultimately arrested Alameti in April at a Bozeman shooting range where he attempted to rent a semi-automatic rifle.  The FBI arrested him on charges of possessing a firearm as an unlawful user of a controlled substance.

The prosecution also presented evidence at sentencing that while in custody at the Crossroads Correctional Center in Shelby, Mt., Alameti is suspected asking another inmate in October about getting guns and explosives. During a facility-wide sweep of inmate housing units in November, officers found a razor blade tucked between pages in a book found in Alameti’s cell and pro-ISIS and anti-United States messages written on Alameti’s cell wall.

Assistant U.S. Attorney Jeff Starnes and Trial Attorney Rebecca Magnone, from the Counterterrorism Section of U.S. Department of Justice’s National Security Division, prosecuted the case, which was investigated by the FBI.

 

XXX        

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. 13 was:

Leslie Charles Hogan, Jr., 36, of Billings, on charges of assault of a dating partner by strangulation and domestic assault by an habitual offender. If convicted of the most serious crime, Hogan faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Hogan was detained pending further proceedings. The case was investigated by the FBI.

Pacer case reference. 19-146.

If the above case is of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.

To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

  XXX

BILLINGS—The former president of the Northern Cheyenne Tribe was sentenced today to six months in prison, three years of supervised release and ordered to pay $25,092 restitution for a travel fraud scheme in which he admitted stealing from federal, state and tribal agencies, U.S. Attorney Kurt Alme said.

Lawrence Jace Killsback, 40, of Busby, pleaded guilty in July to wire fraud and to false claims conspiracy. In admitting the scheme to investigators, Killsback noted that this travel fraud happens all of the time on the reservation. Killsback was aware of this scheme and described this as a culture of fraud.

U.S. District Judge Susan P. Watters presided.

“Mr. Killsback exploited his positions as the tribe’s health director and then as its president to steal funds intended to benefit tribal members and programs for his own personal enrichment. His conduct violated the public’s trust in his official positions. We will prosecute such frauds to the full extent of the law. I want to thank Assistant U.S. Attorneys Bryan Dake and Ryan Weldon, the Guardian’s Project and the Office of Inspector General for the Department of Health and Human Services and the Department of Interior, for their work on the case,” U.S. Attorney Alme said.

The prosecution said in court records that Killsback stole money first in his position as the Tribe’s health director and later as the Tribe’s president. The thefts occurred multiple times over a three-year period and resulted in more than $20,000 in improper payments to Killsback. As part of the scheme, Killsback submitted false or fraudulent invoices to tribal, state and federal entities claiming travel-related expenses for travel for which he was already being reimbursed or that never occurred or for dates or rates that were exaggerated.

In one scheme, Killsback double and triple dipped travel reimbursement on at least 10 trips he made while serving on various state and national boards.

In another scheme, Killsback falsified hotel invoices by changing the number of days, rate or total expenses for trips through a software program used by himself or a co-conspirator.

Although Killsback disputed the amount, prosecutors said he received more than $20,000 in improper reimbursements from 2014 to 2017.

Assistant U.S. Attorneys Bryan Dake and Ryan Weldon prosecuted the case, which was investigated by the Department of Health and Human Services, Office of Inspector General and the Department of Interior, Office of Inspector General. The case is part of the Guardians Project, which is a multi-agency anti-fraud task force that investigates and prosecutes persons attempting to use federal funds for private gain.

XXX

GREAT FALLS – A Poplar woman today admitted assault charges for stabbing a man multiple times while in a bar in Wolf Point, on the Fort Peck Indian Reservation, U.S. Attorney Kurt Alme said.

Emily Kaye Marie Gourneau, 32, pleaded guilty to assault resulting in serious bodily injury.  Gourneau faces a maximum penalty of 10 years in prison, a $250,000 fine and three years of supervised release.

U.S. District Judge Brian M. Morris presided and set sentencing for April 16, 2020. Gourneau was detained pending further proceedings.

The prosecution said in court records that the assault occurred on July 23 at the Water Hole 1 bar in Wolf Point. Gourneau and the victim, who was playing pool, had been socializing. At some point, when the victim walked toward Gourneau from the pool table, Gourneau pulled out a knife and stabbed the victim multiple times, running around the bar chasing after him. The assault was recorded on a security camera. Gourneau left the bar after the assault.

First responders found the victim lying on the floor and severely wounded and bleeding. The victim underwent surgery for multiple stab wounds at a hospital in North Dakota.

Assistant U.S. Attorney Cassady Adams is prosecuting the case, which was investigated by the FBI, Wolf Point Police Department and the Fort Peck Tribes’ Criminal Investigation.

XXX

 

 

GREAT FALLS – A citizen of Mexico today admitted he illegally transported aliens for compensation after he was arrested in November in Glacier County by Border Patrol agents who were investigating suspected alien smuggling from Canada, U.S. Attorney Kurt Alme said.

Josue Bermudez-Lopez, 26, pleaded guilty to transportation of illegal aliens. Bermudez-Lopez faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release.

U.S. District Judge Brian M. Morris presided and set sentencing for Feb. 13, 2020. Bermudez-Lopez was detained.

The prosecution said in court records filed in the case that on Nov. 17 at about 11:15 p.m., Border Patrol agents conducted traffic stops of two vehicles south of the United States-Canada border in Glacier County. In the first vehicle, which was a Chevrolet Suburban, the agent found the driver and nine passengers. All of the passengers admitted to being in the United States illegally. During the stop of the second vehicle, a Chevrolet Tahoe, all of the occupants ran into a nearby field. Agents found eight individuals within one to two minutes. Each of the individuals admitted to being in the United States illegally.

One of the persons caught in the field and seated on the ground against a Border Patrol vehicle was recognized as Bermudez-Lopez. Bermudez-Lopez initially denied his identity. An agent found nearby a discarded fanny pack that contained a Mexican passport with Bermudez-Lopez’s photo and name.

In all, law enforcement transported 19 suspects to the Sweetgrass Border Patrol Station for processing. Four of the transported illegal aliens told agents they had paid from $4,000 to $4,750 to be smuggled into the United States and identified two of Bermudez-Lopez’s co-defendants as a driver and a foot guide.

Bermudez-Lopez admitted to being in the United States illegally and to knowingly transporting illegal aliens for compensation on Nov. 17 and on a previous occasion.

Three co-defendants indicted with Bermudez-Lopez pleaded not guilty on Tuesday.

Assistant U.S. Attorneys Paulette Stewart, Jeff Starnes and Ethan Plaut are prosecuting the case, which was investigated by the U.S. Customs and Border Protection and the Glacier County Sheriff’s Office.

XXX

 

BILLINGS – A jury today convicted a man on drug trafficking and firearms crimes after law enforcement arrested him in Billings and found more than a pound of meth and loaded guns in his vehicle, U.S. Attorney Kurt Alme said.

The jury found Julian Tyler Baughman, 36, guilty of all three crimes as charged, including possession with intent to distribute meth, prohibited person in possession of a firearm and possession of a firearm in furtherance of a drug trafficking crime.

The two-day trial began on Dec. 9, with U.S. District Judge Susan P. Watters presiding. A sentencing date will be set later. Baughman was detained.

Baughman faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release on the drug count and a minimum mandatory consecutive five years to life, a $250,000 fine and five years of supervised release for conviction on having a firearm in furtherance of a drug trafficking crime.

“We are pleased with the guilty verdicts. Caught with more than a pound of meth and loaded handguns, Mr. Baughman posed a significant risk to community safety. I want to thank Assistant U.S. Attorneys Tom Godfrey and Karla Painter and the Bureau of Alcohol, Tobacco, Firearms and Explosives for their work on this case,” U.S. Attorney Alme said.

The prosecution presented evidence at trial that Montana Violent Offender Task Force officers got a tip about Baughman’s location and arrested him in a vehicle in a Billings neighborhood on April 10. Baughman admitted he had a gun on him. While searching Baughman, officers found in a belly band holster a .40-caliber semi-automatic pistol loaded with 15 live rounds and a second magazine containing 11 live rounds of ammunition. Baughman also had $1,086 and a cell phone on his person.

Officers found in the vehicle a meth pipe, a loaded 9mm semi-automatic pistol, a loaded .357-caliber semi-automatic pistol, boxes of ammunition, an open U.S. Postal Service envelope containing about 1.6 pounds of meth and other items. The amount of meth found is the equivalent of about 5,800 doses.

A vehicle check by law enforcement determined that a person in Williston, N.D., had sold the vehicle to Baughman a few days earlier.

After getting a search warrant for Baughman’s phone, investigators found multiple photos of the 9mm pistol that Baughman has sent to people, conversations where Baughman had shot himself in the foot with a .357 pistol and multiple messages consistent with Baughman dealing drugs.

Baughman was convicted in 2016 of theft, criminal mischief and criminal endangerment, all felonies, in Roosevelt County, and therefore, was prohibited from possessing firearms.

Assistant U.S. Attorneys Tom Godfrey and Karla Painter prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

 The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

XXX

 

 

GREAT FALLS – Four Mexican citizens who were arrested in Glacier County on suspicion of smuggling aliens into the United States or illegal reentry pleaded not guilty today to immigration-related crimes, U.S. Kurt Alme said.

Alberto Guillen-Gordillo, 22, Omero Banderas-Rodriguez, 39, and Samuel Velasco-Tovar, 28, all citizens of Mexico, pleaded not guilty to an indictment charging them with conspiracy to transport illegal aliens and transportation of illegal aliens. If convicted of the most serious crime, the defendants face a maximum 10 years in prison, a $250,000 fine and three years of supervised release.

The indictment alleges the defendants conspired from 2018 to Nov. 17, 2019 to transport at least six, but not more than 25, illegal aliens into the United States.

Ma Mercedes Rivera-Gutierrez, 39, of Mexico, pleaded not guilty to a separate indictment charging her with illegal reentry. If convicted of the most serious crime, Rivera-Gutierrez faces a maximum two years in prison, a $250,000 fine and three years of supervised release. The indictment alleges that Rivera-Gutierrez illegally reentered the United States after having been deported.

All of the defendants were arrested on Nov. 17 in Glacier County by Border Patrol agents who were investigating suspected alien smuggling.

U.S. Magistrate Judge John T. Johnston presided. All of the defendants remain detained pending further proceedings.

The indictments are merely accusations and defendants are presumed innocent until proven guilty.

The case was investigated by U.S. Customs and Border Protection.

Pacer case reference. 19-84 and 19-85.

If any of the above cases are of interest to you, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.

To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

  

XXX

 

The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:

Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Dec. 2 was:

Justin Zane Gobert, 37, of Browning, on charges of aggravated sexual abuse and abusive sexual contact. If convicted of the most serious crime, Gobert faces a minimum mandatory 30 years to life in prison, a $250,000 fine and five years to life of supervised release. Gobert was detained pending further proceedings. The case was investigated by the FBI and Blackfeet Law Enforcement Services. Pacer case reference. 19-81.

Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on Dec. 4 was:

Shannon Marie O’Brien Murphy, 58, of St. Ignatius, on charges of wire fraud. If convicted of the most serious crime, Murphy faces a maximum 20 years in prison, a $250,000 fine and three years of supervised release. Murphy was released pending further proceedings. The case was investigated by the FBI. Pacer case reference. 19-54.

If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.

To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

 XXX

 

 

 

GREAT FALLS – A Harlem man admitted on Thursday to assaulting his dating partner by strangling her, causing substantial injury, on the Fort Belknap Indian Reservation, U.S. Attorney Kurt Alme said.

Allesandro Shalamar Foursouls, 27, pleaded guilty to assault resulting in substantial bodily injury to a dating partner. Foursouls faces a maximum five years in prison, a $250,000 fine and three years of supervised release.

U.S. District Judge Brian M. Morris presided and set sentencing for April 2, 2020. Foursouls was detained pending further proceedings.

In court documents filed in the case, the prosecution said the assault occurred on April 13, 2019 at Foursouls’ grandmother’s home, where he lives. Foursouls and the victim, a dating partner, were drinking alcohol when Foursouls became angry with something she said. Foursouls told the victim, “I’ll kill you bitch,” and put his hands around her neck and squeezed until she lost consciousness. The victim was unable to escape until the next morning. She went to the Indian Health Service emergency room, where she was treated for pain and injuries to her throat. The victim told the medical staff that Foursouls had strangled her a day or two prior to her visit and that he had strangled her previously about a week earlier. The victim continued to experience pain from the assault and was treated again in May at Billings Clinic in Billings.

In August, law enforcement saw Foursouls and the victim together and the victim had a fresh black eye and bruising on her body. The victim told officers Foursouls had assaulted her again a day or two prior.

In an interview with an FBI agent, Foursouls admitted to squeezing the victim’s neck in the April assault. When asked why, he said, “Sometimes I will see red and it only lasts for maybe a minute and then I realize what I am doing and I stop.”

Assistant U.S. Attorney Jared Cobell is prosecuting the case, which was investigated by the FBI and Fort Belknap Law Enforcement Services.

XXX

BILLINGS—A Billings man who admitted possessing methamphetamine for distribution and to having a firearm was sentenced today to six years in prison and five years of supervised release, said U.S. Attorney Kurt Alme.

Gary Hollister Ainsworth, 34, pleaded guilty in October 2018 to possession with intent to distribute meth and to possession of a firearm in furtherance of drug trafficking crime.

U.S. District Judge Susan P. Watters presided.

In court records filed in the case, the prosecution said that in April 2018, Yellowstone County Sheriff’s Office deputies responded to a suspicious activity report at a storage facility in Billings. The person who made the report told deputies he had watched a man driving a Suzuki, later identified as Ainsworth, attempt to steal a vehicle off of a nearby lot and had followed Ainsworth to the storage facility. When deputies approached, Ainsworth tried to flee, but stopped and surrendered.

Deputies noted that Ainsworth had several active arrest warrants, was acting erratic and nervous and was wearing latex gloves. Deputies also saw a marijuana pipe, a handgun and a blow torch in plain view in the Suzuki. Deputies detained Ainsworth and impounded the vehicle.

An initial search of the vehicle, based on a warrant, by officers with the Eastern Montana High Intensity Drug Trafficking Area Task Force found only the handgun and drug paraphernalia. Information from an anonymous source led to a second search of the vehicle, which resulted in agents finding about 54 grams of pure meth. Ainsworth subsequently admitted to law enforcement that he was dealing meth.

Assistant U.S. Attorney Colin Rubich prosecuted the case, which was investigated by the EMHIDTA Task Force, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, FBI and Yellowstone County Sheriff’s Office.

The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

XXX

 

 

 

GREAT FALLS—A Billings man convicted of firearms crimes after he admitted distributing methamphetamine on the Fort Belknap and Fort Peck reservations was sentenced to today to six years and eight months in prison and three years of supervised release, U.S. Attorney Kurt Alme said.

Gabriel Greg Hazard, 36, pleaded guilty in August to prohibited person in possession of a firearm and to possessing a firearm during a drug trafficking crime.

U.S. District Judge Brian M. Morris presided.

In court records filed in the case, the prosecution said Hazard had been convicted of felony robbery in 2014 and was paroled in 2018. Hazard’s felony conviction prohibited him from possessing firearms or ammunition. One month after being released, Hazard began selling meth on the Fort Belknap and Fort Peck reservations.

On Dec. 16, 2018, a law enforcement officer pulled over Hazard for erratic driving on Highway 2 between Wolf Point and Poplar, on the Fort Peck Reservation. Hazard was under the influence of meth at the time of the traffic stop. In his vehicle were three firearms and an assortment of ammunition. Hazard also had a military style vest in the vehicle and a few grams of meth in his wallet. Hazard cooperated with officers and indicated he used the firearms for protection.

Assistant U.S. Attorney Cassady Adams prosecuted the case, which was investigated by the FBI, Bureau of Alcohol, Tobacco, Firearms and Explosives, the Roosevelt County Sheriff’s Office and the Fort Peck Tribal law enforcement.

 The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

XXX