District of Montana
Press releases recorded for this federal judicial district.
Montana law enforcement team honored by Department of Justice for work in Fort Peck kidnapping caseRead the Press Release
WASHINGTON—Attorney General Jeff Sessions on Wednesday recognized a team of Montana law enforcement officers from multiple agencies for their work in the arrest and prosecution of a man convicted in the 2016 kidnapping and assault of a young girl on the Fort Peck Indian Reservation.
Sessions honored 15 individuals from federal, state, tribal and local law enforcement agencies, who were among 244 Department of Justice employees and 36 other individuals outside of the department, for their distinguished public service at the 66th Annual Attorney General’s Award Ceremony.
Montana U.S. Attorney Kurt Alme praised the work of multiple law enforcement agencies in the case. “This child is alive today because of the outstanding teamwork of many federal, state, tribal and local law enforcement officers,” Alme said. “They, together with the victim specialists and assistant U.S. attorney who prosecuted the case, ensured this child received the care she needed and brought the offender to justice through their personal dedication to the people we serve,” he said.
The case began in February 2016 when a girl was abducted from a park in Wolf Point. A massive, coordinated search and investigation involving more than 120 personnel from federal, state, tribal and local agencies ultimately led to the victim being found alive two days later in a remote area near Wolf Point. The victim had been assaulted and left for dead in freezing winter conditions.
The investigation led to the suspect, John William Lieba II, who was 20 at the time, being charged in the case. A federal jury convicted Lieba of kidnapping, abuse and assault charges after deliberating 27 minutes.
In a sentencing memo filed in federal court, Assistant U.S. Attorney Ryan Weldon said, “Lieba, through his actions, forced every parent in Montana to confront their worst nightmare.”
U.S. District Judge Brian Morris sentenced Lieba in July 2017 to 500 months (41.6 years) in prison and five years of supervised release.
Those honored for their work in the case include Ryan Weldon, U.S. Attorney’s Office; David Burns, Harry Murphy III, Craig Overby, Michelle Stewart, Kelli Burns, Julia Meredith, FBI; Matthew Kroeger, U.S. Customs & Border Protection; Chad Greenwood, Bureau of Indian Affairs; Ken Trottier, Lewis Matthews, Sean Red Boy, Angela Matthews, Fort Peck Tribes Criminal Investigations; Corey Reum, Patrick O’Connor, Roosevelt County Sheriff’s Office.
The Lieba case was investigated by the FBI, the Fort Peck Tribes’ Department of Law and Justice, Roosevelt County Sheriff’s Office and multiple other federal, state and local agencies.
In honoring the recipients of the Attorney General’s Award, Sessions said, “Service in the Department of Justice is more than a normal job; it is a calling to the highest standards of professionalism. That is true for all of the 115,000 Department of Justice employees. But it is especially true for these award winners.”
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Mexican National Sentenced to Years in Federal Prison for Methamphetamine Trafficking and Money LaunderingRead the Press Release
BILLINGS - The U.S. Attorney’s Office announced today that Marco Antonio Alvarez-Acevedo, a 28 year-old citizen of Mexico and resident of Sunnyside, Washington, was sentenced to 70 months in prison for conviction on methamphetamine trafficking and money laundering charges.
U.S. District Judge Susan Watters presided at the sentencing.
Alvarez was convicted of possession with intent to distribute meth and conspiracy to commit money laundering.
In the summer of 2016, Drug Enforcement Administration agents learned from sources that Alvarez was a member of a drug trafficking organization in Washington that transported meth to Billings-area meth distributor Pedro Carrasco. Sources indicated that Alvarez helped distribute methamphetamine to Carrasco and collect money from the sale of the meth.
During the investigation, agents obtained a contact number for a phone used by Alvarez. An undercover agent communicated with Alvarez via phone and arranged for Alvarez to ship approximately one pound of methamphetamine to Billings. The package of meth was then seized in Billings. A DEA lab analysis of the meth determined the package contained 442.7 grams of pure meth.
The undercover agent continued communicating with Alvarez, who decided to travel to Montana in April 2016 to deliver more meth and collect money. While traveling to Billings, Alvarez’s vehicle was stopped near Bozeman and agents confirmed that Alvarez was in the vehicle. Agents searched the vehicle but did not seize any additional meth.
Alvarez was held responsible for distributing 442.7 grams of pure meth. That converts to 3,541 individual doses of pure meth that would have potentially reached drug users in Montana.
In addition, Carrasco was sentenced in February 2018 to 14 years in federal prison for conspiracy to possess with intent to distribute meth and conspiracy to commit money laundering.
This case was investigated by the DEA; Internal Revenue Service; Bureau of Alcohol, Tobacco, Firearms and Explosives; Eastern Montana High Intensity Drug Trafficking Area Task Force; Montana Highway Patrol; and multiple other federal, state, and local agencies.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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Missoula man sentenced for meth possessionRead the Press Release
MISSOULA – Missoula resident Bryce David Koch, 31, was sentenced today to 10 years in prison to be followed by 5 years of supervised release for conviction in a methamphetamine trafficking case. Koch pleaded guilty to possession with intent to distribute methamphetamine. Chief U.S. District Judge Dana L. Christensen presided at the sentencing.
In October 2017, law enforcement officers received information that Koch was going to Washington and purchasing methamphetamine to bring back for distribution in the Missoula area. On October 30, 2017, the Montana Highway Patrol stopped Koch in his vehicle near Frenchtown. A search warrant later revealed the presence of 326 grams of pure methamphetamine, which converts to more than 2,600 dosages that would have otherwise reached users in Montana.
Assistant U.S. Attorney Tara Elliott prosecuted the case, which was investigated by the Missoula High Intensity Drug Trafficking Area Task Force.
The U.S. Attorney’s Office is partnering with federal, state, local and tribal law enforcement to identify those responsible for significant violent crime in Montana. A centerpiece of this effort is Project Safe Neighborhoods, a recently reinvigorated Department of Justice program that has proven to be successful in reducing violent crime. Today’s sentencing is part of the Project Safe Neighborhoods program.
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Project Safe Neighborhoods Yellowstone County shows progress in fighting violent crimeRead the Press Release
BILLINGS – In the past six months, law enforcement officers have charged 106 persons in federal and state court, seized 160 pounds of methamphetamine and confiscated 52 firearms from the Yellowstone County community as part of Project Safe Neighborhoods, a federal program to reduce violent crime through a multi-jurisdictional law enforcement effort.
Violent crime in the community is a serious problem. Billings Police Department information shows the violent crime rate has increased 75 percent from 2010 to 2017. And violent crime in Montana has increased almost 35 percent from its low in 2010 through 2016, according to the FBI’s Uniform Crime Reports.
More recently, the 2018 first quarter figures of murders, robberies and aggravated assaults in Yellowstone County were up more than 29 percent from the first quarter average of the prior two years.
Since PSN began in April, violent crime in the community has decreased back to previous levels.
Montana U.S. Attorney Kurt Alme said the six-month figures, for the second and third quarters, indicate that murders, aggravated assaults and robberies are down 1 percent below the average of the previous two years.
“We believe the numbers show that PSN is working to reduce violent crime but that more work needs done,” Alme said.
Alme thanked all of PSN’s law enforcement partners for their work and commitment in investigating, arresting and prosecuting individuals accused of violent crimes.
Yellowstone County Attorney Scott Twito said PSN’s message continues to be, “If you commit armed robbery, push meth or commit a firearms offense, you will be arrested and you will be prosecuted to the full extent of the law.”
PSN is a reinvigorated U.S. Department of Justice initiative that identifies the most violent criminals in high-crime areas and works with federal, state and local law enforcement and community partners to develop a crime-reduction and substance abuse prevention and treatment strategy. DOJ celebrated PSN’s one-year anniversary earlier this month.
PSN Yellowstone County has been working to arrest armed robbers, methamphetamine traffickers and violent felons possessing firearms. Law enforcement officials have identified methamphetamine as a primary cause for the increase in violent crime.
Information from PSN Yellowstone County’s first six months shows that 106 individuals have been charged, with 87 individuals being prosecuted in U.S. District Court and 19 individuals, who face more than 40 serious felony charges, being prosecuted in state District Court. The state cases include persons charged and revocations. Federal prosecutors intend to present charges against another 14 individuals soon.
The crimes charged include drug trafficking, armed robberies, firearms violations and other offenses.
Statewide, the PSN program since January has resulted in 187 individuals being charged in federal court.
In addition, the U.S. Marshal’s Service Montana Violent Offender Task Force has served warrants on 288 individuals since April 1.
Methamphetamine seized through PSN Yellowstone County has totaled 160 pounds, which is the equivalent of about 579,840 doses and has a street value of about $7,273,200. Law enforcement also seized marijuana, heroin and cocaine.
Law enforcement has confiscated 52 firearms, including six semi-automatic assault rifles and an assortment of semi-automatic handguns and shotguns.
To help fund PSN in Montana, DOJ earlier this month awarded $136,802 to the Montana Board of Crime Control for PSN initiatives in Yellowstone and Missoula counties. The funding is part of $30 million in grants issued nationwide at PSN’s one-year anniversary. Some of the money will help the Billings Police Department analyze PSN cases to understand where and when violence is happening and who is committing it so law enforcement can better focus its resources.
PSN Yellowstone County’s partners include the U.S. Attorney’s Office; Yellowstone County Attorney’s Office; Montana Department of Justice’s Prosecution Services Division, Highway Patrol and the Division of Criminal Investigation; the Montana Department of Correction’s Adult Probation and Parole Division; the Billings and Laurel police departments; the Yellowstone County Sheriff’s Office; Alcohol, Tobacco, Firearms and Explosives; Drug Enforcement Administration; FBI, Homeland Security Investigations and the U.S. Marshal’s Service.
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Over $350,000 Awarded to Assist Yellowstone Connect Develop Drug Reduction PlanRead the Press Release
BILLINGS—Yellowstone Substance Abuse Connect, a coalition organized to create a comprehensive community plan to reduce substance abuse in Yellowstone County, will be the beneficiary of a major federal grant awarded this week as part of a broader effort to fight violent crime in the community.
Montana U.S. Attorney Kurt Alme on Thursday announced that the Office of National Drug Control Policy awarded $358,741 to the Eastern Montana High Intensity Drug Trafficking Area Drug Task Force (HIDTA Task Force). The grant will be administered by the Billings Police Department on behalf of the HIDTA Task Force to fund the efforts of Yellowstone Connect.
Yellowstone Connect was organized through the leadership of United Way of Yellowstone County and Project Safe Neighborhoods (PSN), an enforcement initiative reinvigorated a year ago by the Department of Justice to reduce violent crime. Violent crime in Billings has increased 75 percent from 2010 through 2017, according to the Billings Police Department.
As part of PSN Yellowstone County, federal, state and local law enforcement identified meth trafficking and use as the leading cause of the increase in violent crime. Since April, PSN’s law enforcement partners have already made arrests leading to 90 individuals being charged with meth trafficking, armed robbery and illegal possession of firearms by felons and other prohibited persons.
Enforcement partners have recognized that more efforts in meth prevention, treatment and diversion also will be critical to turning the tide.
Yellowstone Connect will bring additional prevention, treatment and diversion to the initiative. Yellowstone Connect formed in May and already has more than 60 enforcement, judicial, corrections, medical, mental health, treatment and prevention organizations.
“We are pleased that the community received this money which will fund a key part of PSN’s goal to reduce violent crime by fighting meth trafficking and use. Vigorous enforcement is only part of the solution; we need the community’s help to reduce use through additional prevention, treatment and drug court diversion,” said U.S. Attorney Kurt Alme.
“I want to thank all our PSN federal, state and local law enforcement partners for their outstanding work to make this community safer, and especially the Billings Police Department for administering the HIDTA Task Force grants. I also want to thank United Way of Yellowstone County for its work to launch this coalition, and all of our Yellowstone Connect partners for recognizing the important need in this community to reduce the demand for meth and committing to be part of the solution,” Alme said.
Billings Police Chief Rich St. John said, “Supported by this grant, we now will be able to improve the coordination and effectiveness of drug enforcement, treatment and prevention efforts in Yellowstone County. Yellowstone Connect will bring stakeholders together to combat the serious meth crisis in our community.”
Kristin Lundgren, United Way’s Director of Impact, said, “We are lucky to have the right leadership at the Yellowstone Connect table to make the most of this opportunity. We have the enforcement leadership from the U.S. Attorney’s Office, the Montana Attorney General’s Office and the Yellowstone County Attorney’s Office and all federal, state and local law enforcement agencies. We have leadership from the Montana Department of Public Health and Human Services and our local leaders in treatment, prevention and diversion.”
“In our community, who hasn’t been touched by addiction in some way—crime, family chaos, inability to find workers who can pass a drug test, kids in foster care, elder abuse and domestic violence?” Lundgren said.
The Yellowstone Connect funding will be used to hire a full-time coordinator to oversee the initiative. The initiative has four main strategies: to conduct a needs assessment to determine prevention, diversion and treatment needs and community resources; to develop a plan to get more people into treatment and diversion programs and to prevent addiction; to put the plan into action; and to share the plan and methods with other coalitions in HIDTA areas.
Lundgren said she expects Yellowstone Connect to have a coordinator hired by the early 2019.
For more information about Yellowstone Connect, contact Lundgren at 406-272-8505.
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Great Falls woman sentenced for methamphetamine distributionRead the Press Release
GREAT FALLS - The United States Attorney’s Office announced today that 63-year old Jewell Kipp of Great Falls was sentenced to 94 months in prison, 5 years of supervised release, and a $100 special assessment. U.S. District Judge Brian M. Morris presided over the hearing.
Beginning in the fall of 2017, and continuing into early 2018, Kipp distributed large quantities of methamphetamine in Great Falls, Montana. The Russell Country Drug Task Force ultimately seized approximately 220 grams of actual methamphetamine from Kipp over the course of five months. The defendant was held responsible for distributing this amount of methamphetamine, which converts to 1,760 individual doses of the drug.
Through this investigation, law enforcement further learned the defendant had numerous customers throughout Great Falls, and she had access to pound quantities of methamphetamine. Kipp also has numerous prior felony convictions for methamphetamine.
The case was prosecuted by Assistant U.S. Attorney Jessica Betley and investigated by the Russell Country Drug Task Force and Homeland Security Investigations.
The U.S. Attorney’s Office is partnering with federal, state, local and tribal law enforcement to identify those responsible for significant violent crime in Montana. A centerpiece of this effort is Project Safe Neighborhoods, a recently reinvigorated Department of Justice program that has proven to be successful in reducing violent crime. Today’s sentencing is part of the Project Safe Neighborhoods program.
Federal jury in Helena convicts two in home invasion caseRead the Press Release
A federal jury in U.S. District Court in Helena on Thursday convicted two defendants of robbery and firearms charges in a drug-related home invasion. The four-day trial that began on Monday.
The jury found Gabriel Elijah Kane Arkinson, 32, Billings, and Jamie Nicole Milsten, 35, Helena, each guilty of conspiracy to commit robbery affecting commerce, robbery affecting commerce and brandishing a firearm in furtherance of a crime of violence.
Each defendant faces a maximum 20 years in prison, a $250,000 fine and five years of supervised release for the conspiracy and robbery convictions, plus a mandatory minimum seven years to life in prison consecutive to any other charge on the firearm charge.
A third defendant, Melissa Dawn Shurtliff, 28, Helena, pleaded guilty earlier to robbery affecting commerce and possession of a firearm in furtherance of a crime of violence.
Prosecutors at trial presented evidence that Arkinson and Milsten entered the residence of a Helena drug dealer on April 23, 2017 to steal drugs and drug proceeds. Arkinson was armed with a sawed-off shotgun, and Milsten searched the residence for drugs and money. A small amount of methamphetamine, U.S. currency and a cell phone were stolen. Shurtliff planned the robbery and acted as the getaway driver.
Senior U.S. District Judge Charles C. Lovell presided at the trial. Sentencing for the three defendants is scheduled for April 9, 2019. The defendants are in custody.
The case was prosecuted by Assistant U.S. Attorney Tom Bartleson and investigated by the FBI and the Montana Regional Violent Crime Task Force.
This case is part of Project Safe Neighborhood (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and to make communities safer. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department of Justice’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Department of Justice Collaborates with Canadian and Mexican Partners on Programs and Best Practices to Prevent and Respond to Violence Against Indigenous Women and GirlsRead the Press Release
Principal Deputy Associate Attorney General Jesse Panuccio traveled to Mexico City on Tuesday to lead the U.S. delegation in the Trilateral Working Group on Violence Against Indigenous Women and Girls. The meeting was held at the Ministry of Foreign Affairs in Mexico as a result of the commitments from the North American Leaders Summit (NALS) in 2016.
During the meeting there was an exchange of experiences and best practices between representatives, experts and indigenous young women and advocates from Canada, Mexico and the United States to prevent and address gender violence and the challenges for their access to justice. Indigenous women shared their experiences and perspectives, contributing to the development of outcomes for the working group.
“In the United States, violence against American Indian and Alaska Native women is an urgent problem; indeed, it is a crisis,” said Principal Deputy Associate Attorney General Panuccio. “Attorney General Jeff Sessions and the entire Department of Justice are committed to reducing violent crime and improving public safety in Native American communities. The United States has increased funding, launched innovative programs, and aggressively investigated and prosecuted these crimes. Cooperative efforts between our three nations will help us end the scourge of abuse and empower indigenous women and girls. Justice demands it, the victims deserve it, and we must deliver it.”
As head of the U.S. delegation, Principal Deputy Associate Attorney General Panuccio met with Gina Wilson, Canada’s Deputy Minister of the Status of Women; Roberto Serrano Altamirano, Director General of the National Commission for the Development of Indigenous Peoples and Ambassador Miguel Ruiz Cabañas, Mexico’s Undersecretary for Multilateral Affairs and Human Rights at the Ministry of Foreign Affairs.
The Department of Justice delegation also included U.S. Attorney Kurt Alme of Montana, U.S. Attorney John Anderson of New Mexico, Acting Director Katharine Sullivan of the Office on Violence against Women (OVW), OVW Deputy Director for Tribal Affairs Sherriann Moore and Rachel Bissex, Chief of Staff in the Office of the Associate Attorney General.
Principal Deputy Associate Attorney General Panuccio discussed Department of Justice efforts to prosecute and prevent violence against indigenous women and girls, including the doubling of grant funding for public safety and victim services in Native American communities. He also discussed improvements to OVW’s Tribal Special Assistant U.S. Attorneys program.
The Working Group also discussed the significance of economic empowerment for indigenous women and girls, as well as inclusive economic growth for families, communities and countries. The Working Group addressed the importance of supporting youth leadership in indigenous communities as a means to promote and protect their human rights.
“Comprehensive respect for the human rights of indigenous women and girls is an obligation for States and is also fundamental for the well-being of their families, communities and countries,” said Ambassador Ruiz Cabañas. “Therefore, for the Government of Mexico, Indigenous women’s human rights are approached with a double perspective: the individual dimension, in which human rights are inherent prerogatives of women […]; and the collective dimension, since indigenous women are subject of enforceable human rights within the framework of their peoples and communities.”
“Canada, along with our North American partners, is committed to ending violence against Indigenous women and girls and to addressing the systemic factors that feed this violence,” said the Honorable Carolyn Bennett, M.D., P.C., M.P., Minister of Crown-Indigenous Relations. “In the spirit of collaboration, we will continue to seek the vision, support and guidance of Indigenous leaders, elders, women, and youth to promote the economic rights and empowerment of indigenous women and girls. I also wish to congratulate Gina Wilson and the rest of the Canadian delegation for their hard work during this meeting.”
Principal Deputy Associate Attorney General Panuccio’s visit supports the Justice Department’s continuing efforts under the Task Force on Crime Reduction and Public Safety.
This is the third meeting of the trilateral working group. The first was hosted by the United States in October 2016 and the second was held in Ottawa on November 2017.
A 2016 National Institute for Justice study concluded that more than half of all Native women have experienced sexual violence and physical violence by an intimate partner, and that 84 percent have experienced some form of violence in their lifetimes.
The Group will continue to foster efforts supporting the work of indigenous women of the three countries at the margins of the trilateral annual meeting, particularly at the international fora such as the Human Rights Council, the Commission on the Status of Women and the United Nation Permanent Forum on Indigenous Issues (PFI).
Department of Justice Announces More Than $70 Million to Support School Safety and $64 Million to Improve State Criminal Record SystemsRead the Press Release
WASHINGTON – U.S. Attorney Kurt Alme of Montana joined the Department of Justice today in announcing more than $70 million in grant funding to bolster school security, educate and train students and faculty, and support law enforcement officers and first responders who arrive on the scene of a school violence incident, including a state agency and a school district in Montana.
The Montana Office of Public Instruction will receive $497,479 from the STOP School Violence Prevention and Mental Health Training program, while Arlee Public Schools will receive $148,938 from the STOP School Violence Threat Assessment and Technology Reporting program.
These grants are in addition to the funding to the National Association of School Resource Officers (NASRO), announced by Attorney General Jeff Sessions last week, to expand and update their curriculum to better support training programs. These grants combined will better protect students, teachers, faculty, and first responders across the United States. Additionally, the Department is awarding more than $64 million to state agencies to improve the completeness, quality, and accessibility of the nation’s criminal record systems, which will help law enforcement and increase the effectiveness of background checks.
“President Trump and his administration will ensure the safety of every American school," Attorney General Jeff Sessions said. "Earlier this year he signed into law the STOP School Violence Act, which provides grant funding to develop anonymous school threat reporting systems, to implement school building security measures, and to train students, school personnel, and law enforcement on how to prevent school violence. Today I am announcing $70 million in these grants to hundreds of cities and states across America. These grants will go a long way toward giving young people and their families both safety and peace of mind.”
U.S. Attorney Alme said, “We cannot expect our students to learn and reach their academic goals if they don’t feel safe. I am pleased to announce that Montana schools will be participating in this important grant funding stream to improve school safety.”
The Office of Justice Program’s (OJP) Bureau of Justice Assistance (BJA) and the Office of Community Oriented Policing Services (COPS Office) together are making more than 220 awards to jurisdictions across the country to help make schools more secure. The awards, granted through three funding streams, will provide new technology for reporting systems and other threat deterrent measures and create school safety training and education programs for school administrators, staff, students, and first responders.
This includes the support for existing crisis intervention teams and the creation of new ones.
• BJA’s STOP School Violence Threat Assessment and Technology Reporting Program will provide 68 awards valued at more than $19 million. This funding supports training to create and operate threat assessment and crisis intervention teams and to develop technology for local or regional anonymous reporting systems. This technology may be in the form of a mobile phone application, hotline, or website.
• The STOP School Violence Prevention and Mental Health Training Program, also managed by BJA, will provide training and education on preventing violence and effectively responding to related mental health crises. This program will fund 85 awards at nearly $28 million.
• The COPS Office School Violence Prevention Program (SVPP) will provide nearly $25 million to 91 jurisdictions for school safety measures including coordination with law enforcement, training for law enforcement to prevent student violence against others and self, target hardening measures, and technology for expedited notification of law enforcement during an emergency.
The grants are authorized by the STOP School Violence Act, which are intended to improve school security by helping students and teachers reduce exposure to risks, prevent acts of violence, and quickly recognize and respond to violent attacks.
The Department also announced that it has awarded more than $64 million to state agencies to improve the completeness, quality, and accessibility of the nation’s criminal record systems. These grants are administered by the Bureau of Justice Statistics, part of OJP. Approximately $43 million in funding will be administered through the National Criminal History Improvement Program (NCHIP), and nearly $21 million will be awarded under the National Instant Criminal Background Check System (NICS) Act Record Improvement Program. These grant programs help states automate and upgrade records accessed by the firearms background check system. This year, at the direction of the Attorney General, the Department prioritized funding for projects that improve accessibility of criminal history records, domestic violence convictions, and information on persons who are prohibited from possessing firearms for mental-health related reasons.
The Department is also investing over $1 million in research to better understand the factors behind mass shooting incidents. The grant awards, made by the Department’s National Institute of Justice (NIJ), part of OJP, support scientific investigations that will examine factors that contribute to mass violence, identify any patterns in mass shootings, analyze psychological and social life histories of mass shooters and community-level predictors of mass violence, and will examine firearm purchasing patterns of known mass shooters in order to create a risk prediction tool.
For addition information on today’s grant announcements, visit www.bja.gov or www.cops.usdoj.gov.
NOTE: The breakdown of the STOP School Violence Grants can be found here: STOP School Violence Threat Assessment and Technology Reporting Program, STOP School Violence Prevention and Mental Health Training Program, and COPS Office School Violence Prevention Program
Kalispell Regional Healthcare System to Pay $24 Million to Settle False Claims Act AllegationsRead the Press Release
Montana-based Kalispell Regional Healthcare System (KRH) along with six subsidiaries and related entities – Kalispell Regional Medical Center (KRMC), HealthCenter Northwest LLC (HealthCenter), Flathead Physicians Group LLC (Flathead), Northwest Horizons LLC (NH), Northwest Orthopedics & Sports Medicine LLC (NOSM), and Applied Health Services Inc. (AHS), (collectively, “KRH entities”) – have agreed to pay $24 million to resolve allegations that they violated the False Claims Act by paying physicians more than fair market value, and by conspiring to enter into arrangements that improperly induced referrals, the Department of Justice announced today.
“Financial arrangements that improperly compensate physicians who make referrals to a hospital drive up the cost of health care services for everyone,” said Assistant Attorney General Joseph H. Hunt for the Department of Justice’s Civil Division. “This settlement demonstrates the Department’s determination to enforce federal laws aimed at preventing conflicts of interest between the financial interests of hospitals and physicians and the best interests of the patients they serve.”
The government alleged that the KRH entities had arrangements with referring physicians that violated the Medicare physician self-referral prohibition, commonly known as the Stark Law, and other arrangements that also violated the Anti-Kickback Statute. The Stark Law prohibits a hospital from billing Medicare for certain services referred by physicians with whom the hospital has an improper compensation arrangement. The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid, and other federally funded programs. Both the Anti-Kickback Statute and the Stark Law are intended to ensure that a physician’s medical judgment is not compromised by improper financial incentives and is instead based only on the best interests of the patient.
Between 2010 and 2018, the KRH entities allegedly violated the Stark Law by paying excessive full-time compensation to more than 60 physician specialists – many of whom worked far less than full-time. Additionally, HealthCenter, Flathead, NH, NOSM, and AHS allegedly conspired to violate the Anti-Kickback Statute by paying excessive compensation to physicians employed by KRH, KRMC, and other KRH entities to induce referrals to HealthCenter, and by providing administrative services to HealthCenter at below fair market value to reduce expenses and increase profits distributed to physician investors at Flathead, an owner of HealthCenter, also to induce referrals to HealthCenter.
“Quality healthcare is a critical need of all Montanans, but paying extra to physicians to induce referrals improperly raises the cost of that healthcare and must stop,” said United States Attorney for the District of Montana Kurt Alme. “I would like to thank the team that worked hard to bring this to a quick and successful resolution, which is the largest False Claims Act recovery in the District of Montana, including members of the U.S. Department of Justice and U.S. Attorney’s Office, as well as agents with the Department of Health and Human Services-Office of Inspector General and the Federal Bureau of Investigation.”
“Our office will continue to focus our efforts on those who make improper payments to physicians for the purpose of inducing referrals in order to ensure the integrity of HHS programs,” said Steve Hanson, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General, Office of Investigations, Kansas City Region.
The settlement resolves allegations originally brought in two lawsuits filed by Jon Mohatt, a former Chief Financial Officer for KRH’s Physicians Network, under the qui tam provisions of the False Claims Act, which allow private parties to bring suit on behalf of the government and to share in any recovery. The whistleblower will receive $5,411,521 million as his share of the recovery in the two consolidated cases.
The case was handled by the U.S. Attorney’s Office for the District of Montana, the Justice Department’s Civil Division, and the U.S. Department of Health and Human Services Office of Inspector General and the Federal Bureau of Investigation.
The lawsuits are captioned United States ex rel. Mohatt v. Kalispell Regional Healthcare System et al., Civ. No. 16-125 and United States ex rel. Mohatt v. HealthCenter NW, LLC et al., Civ. No. 18-80, and are consolidated under Civ No. 18-80. The claims settled by this agreement are allegations only; there has been no determination of liability.
Washington Man Sentenced to over 12 Years in Prison for Meth OffenseRead the Press Release
MISSOULA - Salomon Mejia Preciado, a 36-year-old resident of Yakima, Washington, was sentenced today to 151 months in prison to be followed by 5 years of supervised release. Preciado pleaded guilty to conspiracy to distribute methamphetamine. Preciado is a former Federal felon and was prosecuted in the Eastern District of Washington and sentenced in 2003 to ten years in prison. U.S. District Judge Donald W. Molloy handed down the sentence.
In early September of 2017, law enforcement set up an undercover operation in which they purchased one pound of methamphetamine from Preciado in Missoula, Montana. Later in September, Preciado was apprehended in his vehicle with six pounds of methamphetamine while traveling back to Missoula for another deal. The methamphetamine totaled more than 3,000, grams which is the equivalent of more than 24,000 doses which would have otherwise reached users in Montana.
The case was prosecuted by Assistant U.S. Attorney Tara Elliott and investigated by the Missoula Drug Task Force.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Great Falls Man Sentenced for Heroin and Methamphetamine DistributionRead the Press Release
GREAT FALLS - The United States Attorney’s Office announced today that 42-year old Brian Weber of Great Falls was sentenced to 180 months in prison, 10 years of supervised release, and a $100 special assessment. U.S. District Judge Brian M. Morris presided over the hearing.
Brian Weber distributed heroin and methamphetamine in Great Falls for over three years, spanning from 2014 through early 2017. During part of this time, Weber resided at the pre-release center and distributed heroin and methamphetamine around Great Falls, as well as to residents at the center. The FBI investigated Weber and identified numerous individuals in Great Falls who received their narcotics from Weber.
Weber has an extensive criminal history of prior felony violent crimes and a federal drug conviction, including violence against family members, girlfriends and members within his drug network.
The case was prosecuted by Assistant U.S. Attorney Jessica Betley and investigated by the Federal Bureau of Investigation.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
“Brian Weber is a dangerous criminal with a substantial criminal history. Because of that, we asked for an enhanced sentence provided by statute to make sure Weber is removed from our communities for a long time,” said U.S. Attorney Kurt Alme. “I want to thank Assistant U.S. Attorney Jessica Betley and the FBI’s Regional Violent Crime Task Force, in western Montana, including officers from Montana Probation and Parole and the sheriff’s offices in Lewis and Clark and Missoula counties and the Missoula Police Department, for helping to get this case successfully prosecuted,” Alme said.
“The substantial sentence Brian Weber received today is the result of the unwavering commitment and cooperation by the partner agencies of the Montana Regional Violent Crime Task Force (MRVCTF),” said Special Agent in Charge Eric Barnhart. “The crimes he has been found guilty of undermine the security of our society, and the communities Mr. Weber threatened are safer today with him behind bars. The FBI is grateful to the MRVCTF – including the Missoula County Sheriff’s Office, the Lewis and Clark County Sheriff’s office, the Missoula Police Department and the Montana Probation and Parole Bureau – as well as the Department of Justice’s Project Safe Neighborhood for their dedication to this case.”
“Through our cooperative agreement to join FBI’s Regional Violent Crime Task Force, we are making Lewis and Clark County a safer place to live. This task force is an effective way to deal with crime at the county, state and national level,” said Sheriff Leo C. Dutton.
“This is another example of the successes of our partnership with the FBI Regional Violent Crime Task Force,” Missoula County Sheriff TJ McDermott said. “We are fortunate to have an incredibly hard-working group of people who genuinely care about keeping our community a safer place to live.”
California Man Sentenced for Distributing Cocaine in Great Falls and BrowningRead the Press Release
GREAT FALLS - The United States Attorney’s Office announced today that 49-year old Frederick Lona of Monrovia, California, was sentenced to 12 months in prison, 3 years of supervised release, and a $100 special assessment. U.S. District Judge Brian M. Morris presided over the hearing.
Frederick Lona assisted in facilitating a drug conspiracy in 2011 and 2012 that distributed cocaine and methamphetamine to Great Falls and the Blackfeet Indian Reservation. Lona and his co-defendants obtained the cocaine and methamphetamine in California, and directly supplied individuals in Montana with the drugs for redistribution in the Great Falls and Browning communities. Lona’s four co-defendants were previously sentenced in 2013 for their roles in this offense.
The case was prosecuted by Assistant U.S. Attorney Jessica Betley and investigated by the Federal Bureau of Investigation.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Great Falls Felon Sentenced for Gun PossessionRead the Press Release
GREAT FALLS - The United States Attorney’s Office announced today that 45-year-old George Goodrie was sentenced to 38 months in prison, 2 years of supervised release, and a $100 special assessment. U.S. District Judge Brian M. Morris presided over the hearing.
During the early morning hours of January 17, 2016, Great Falls police searched for Goodrie in relation to an earlier reported incident regarding a robbery in Great Falls. Law enforcement found a truck Goodrie stole in a casino parking lot. Officers went into the casino and arrested Goodie.
Officers searched the stolen truck and observed a handgun on the seat underneath the center console. This firearm appeared to be the same firearm previously identified as being associated with Goodrie. Goodrie has an extensive criminal history that includes over 20 prior felony convictions for thefts, violent conduct, and drugs, which precludes him from possessing firearms.
The case was prosecuted by Assistant U.S. Attorney Jessica Betley and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Great Falls Police Department.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Missoula Man Sentenced to 10 Years for Meth and Gun PossessionRead the Press Release
MISSOULA - Robert Craig Smith, 39, of Missoula, was sentenced today to a total of 120 months in prison to be followed by 5 years of supervised release. Smith pleaded guilty to conspiracy to distribute methamphetamine and possessing a firearm in furtherance of drug trafficking. Chief United States District Judge Dana L. Christensen sentenced Smith to 60 months for each count, to run consecutively.
Beginning in the Spring of 2015 and continuing through January of 2018, Smith distributed more than a pound of methamphetamine around the Missoula area. Smith also exchanged firearms for methamphetamine on several occasions.
The case was prosecuted by Assistant U.S. Attorney Tara Elliott and investigated by the FBI’s Montana Regional Violent Crime Task Force.
The U.S. Attorney’s Office is partnering with federal, state, local and tribal law enforcement to identify those responsible for significant violent crime in Montana. A centerpiece of this effort is Project Safe Neighborhoods, a recently reinvigorated Department of Justice program that has proven to be successful in reducing violent crime. Today’s sentencing is part of the Project Safe Neighborhoods program.
Twin Bridges Man Sentenced to 120 Months in Prison for Drug Trafficking OffenseRead the Press Release
MISSOULA – Martin James Walsh, a 53-year-old resident of Twin Bridges, Montana, was sentenced to 120 years in prison followed by 5 years of supervised release after pleading guilty to possession with intent to distribute 500 grams or more of a substance containing a detectable amount of methamphetamine. Chief United States District Judge Dana Christensen handed down the sentence.
Beginning in October 2016, the South West Montana Drug Task Force (Task Force) purchased an “8-ball” or 3.5 grams of methamphetamine from Walsh. The next month the Task Force again made a purchase of ¼ ounce of methamphetamine from Walsh. In June 2017, the Madison County Sheriff’s Office purchased a small amount of heroin from Walsh. Based upon the purchases, sheriff’s deputies obtained a search warrant for Walsh’s residence in Twin Bridges. When the deputies searched Walsh’s home they found a digital scale, several glass smoking pipes, a large box containing four bags of a white crystalline substance that tested positive for methamphetamine. Walsh was home at the time of the search. He was detained and read his Miranda rights. Walsh stated that he had been selling ounces of meth in Madison County as well as Bozeman and Butte. The amount of methamphetamine found in Walsh’s residence was approximately 260 grams or 2080 dosing units.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The case was prosecuted by Assistant U.S. Attorney Bryan R. Whittaker and investigated by the FBI, Madison County Sheriff’s Office, South West Montana Drug Task Force, and the Missouri River Drug Task Force.
Spokane Man Sentenced to 4 Years for MethRead the Press Release
MISSOULA - Phillip Devon Johnson, 26, of Spokane, WA, was sentenced today to 48 months in prison to be followed by 5 years of supervised release. Johnson pleaded guilty to possession with intent to distribute methamphetamine. Chief United States District Judge Dana L. Christensen handed down the sentence.
On April 26, 2017, after members of law enforcement received information that Johnson was coming to Montana to deliver approximately eight ounces of methamphetamine, he was stopped in his vehicle by Montana Highway Patrol. A canine alerted to drugs in his vehicle and a later search revealed 190.4 grams of pure methamphetamine. This converts to over 1,500 dosage units which would have otherwise reached users in Montana.
The case was prosecuted by Assistant U.S. Attorney Tara Elliott and investigated by the Northwest Drug Task Force.
The U.S. Attorney’s Office is partnering with federal, state, local and tribal law enforcement to identify those responsible for significant violent crime in Montana. A centerpiece of this effort is Project Safe Neighborhoods, a recently reinvigorated Department of Justice program that has proven to be successful in reducing violent crime. Today’s sentencing is part of the Project Safe Neighborhoods program.
Justice Department, DEA Propose Significant Opioid Manufacturing Reduction Plan in 2019Read the Press Release
WASHINGTON -- The Department of Justice and U.S. Drug Enforcement Administration (DEA) have proposed a reduction for controlled substances that may be manufactured in the U.S. next year. Consistent with President Trump’s “Safe Prescribing Plan” that seeks to “cut nationwide opioid prescription fills by one-third within three years,” the proposal decreases manufacturing quotas for the most six frequently misused opioids for 2019 by an average ten percent as compared to the 2018 amount. The Notice of Proposed Rulemaking (NPRM) marks the third straight year of proposed reductions, which help reduce the amount of drugs potentially diverted for trafficking and used to facilitate addiction.
On July 11, 2018, the Justice Department announced that DEA was issuing a final rule amending its regulations to improve the agency’s ability consider the likelihood of whether a drug can be diverted for abuse when it sets annual opioid production limits. The final rule also promotes greater involvement from state attorneys general, and today’s proposed reduction will be sent to those offices.
In setting the aggregate production quote (APQ), DEA considers data from many sources, including estimates of the legitimate medical need from the Food and Drug Administration; estimates of retail consumption based on prescriptions dispensed; manufacturers’ disposition history and forecasts; data from DEA’s own internal system for tracking controlled substance transactions; and past quota histories.
The DEA has proposed to reduce more commonly prescribed schedule II opioids, including oxycodone, hydrocodone, oxymorphone, hydromorphone, morphine, and fentanyl:
Ultimately, revised limits will encourage vigilance on the part of opioid manufacturers, help DEA respond to the changing drug threat environment, and protect the American people from potential addictive drugs while ensuring that the country has enough opioids for legitimate medical, scientific, research, and industrial needs.
"The opioid epidemic that we are facing today is the worst drug crisis in American history," Attorney General Jeff Sessions said. "President Trump has set the ambitious goal of reducing opioid prescription rates by one-third in three years. We embrace that goal and are resolutely committed to reaching it. According to the National Prescription Audit, we have already made significant progress in reducing prescription rates over the past year. Cutting opioid production quotas by an average of ten percent next year will help us continue that progress and make it harder to divert these drugs for abuse. The American people can be confident that federal law enforcement and the Trump administration are taking action to protect them from dangerous drugs. These smarter limits bring us one big step closer to President Trump's goal of finally ending this unprecedented crisis. I congratulate Acting Administrator Uttam Dhillon and his team for taking action.”
“We’ve lost too many lives to the opioid epidemic and families and communities suffer tragic consequences every day,” said DEA Acting Administrator Uttam Dhillon. “This significant drop in prescriptions by doctors and DEA’s production quota adjustment will continue to reduce the amount of drugs available for illicit diversion and abuse while ensuring that patients will continue to have access to proper medicine.”
United States Attorney Kurt G. Alme voiced support for the proposed rulemaking. Alme stated, “The Safe Prescribing Plan provides valuable support for our efforts across Montana to reduce the amount of unlawfully diverted opioid medications. This plan reduces the production of these highly addictive medications for the third year in a row and will help reduce the amounts of these drugs potentially diverted to drug traffickers. The proposed final rule also promotes greater involvement from the state attorneys general, and I look forward to working with A.G. Fox to identify and stop the unlawful diversion of these drugs.”
Once the aggregate quota is set, DEA allocates individual manufacturing and procurement quotas to those manufacturers that apply for them. DEA may revise a company’s quota at any time during the year if change is warranted due to increased or decreased sales or exports, new manufacturers entering the market, new product development, or product recalls.
When Congress passed the Controlled Substances Act, the quota system was intended to reduce or eliminate diversion from “legitimate channels of trade” by controlling the quantities of the basic ingredients needed for the manufacture of controlled substances.
The Proposed Aggregate Production Quotas for schedule I and II controlled substances published in the Federal Register reflects the total amount of controlled substances necessary to meet the country’s medical, scientific, research, industrial, and export needs for the year and for the establishment and maintenance of reserve stocks. DEA establishes an APQ for more than 250 schedule I and II controlled substances annually.
In 2016, the Centers for Disease Control and Prevention issued guidelines to practitioners recommending a reduction in the prescribing of opioid medications for chronic pain. DEA and its federal partners have increased efforts in the last several years to educate practitioners, pharmacists, manufacturers, distributors, and the public about the dangers associated with the misuse of opioid medications and the importance of proper prescribing.
Man Sentenced to Federal Prison for Concealing Assets During His BankruptcyRead the Press Release
MISSOULA - Randall Alan Franz, a 59-year-old resident of Sandpoint, Idaho, was sentenced on Thursday to 8 months in prison followed by three years of supervised release, and ordered to pay $205,084.79 in restitution after pleading guilty to concealing assets in bankruptcy. Chief U.S. District Judge Dana Christensen announced the sentence.
Franz’s mother passed away in 2009. Franz was appointed as personal representative of her estate in October, 2010, a responsibility he held until he was removed in September of 2015. Franz was to split his mother’s estate, ultimately valued at almost $600,000, equally between himself and his two brothers. While one brother received approximately $120,000, Franz made no distribution to his other brother.
In the meantime, Franz filed a chapter 11 bankruptcy in July 2010, which was converted to a chapter 7 bankruptcy in January 2013. During his bankruptcy, Franz liquidated assets from his mother’s estate and hid his share of the proceeds from his Chapter 7 Trustee. Though Franz withdrew more than $270,000 of probate estate funds between April and October of 2013, Franz’s bankruptcy trustee received none of it. Based on this deception, the United States Bankruptcy Court revoked Franz’s discharge on November 5, 2015, and Franz was referred for criminal prosecution.
“The bankruptcy system is an important safety net for all Americans. People like the defendant who misuse it for their own personal gain threaten its integrity and will be prosecuted, ” said Kurt Alme, U.S. Attorney for the District of Montana.
The case was prosecuted by Assistant United States Attorneys Chad C. Spraker and Keith A. Jones, and investigated by the Federal Bureau of Investigation and the United States Trustee’s Office.
California Man Sentenced to Prison for Wire Fraud and Money LaunderingRead the Press Release
MISSOULA - Joseph Brent Loftis, 63, of Corona Del Mar, California, was sentenced on Friday, August 10, for multiple counts of wire fraud and money laundering. Chief U.S. District Judge Dana L. Christensen sentenced Loftis to 97 months in prison on all counts of conviction, to run concurrently, three years of supervised release and a $700 special assessment. Loftis stipulated to a forfeiture order of $1,662,749.10. Chief Judge Christensen further ordered Loftis to pay $7,831,666.55 in restitution to the victims of his crimes.
Loftis was convicted by a Montana jury in April of 2018 of five counts of wire fraud and two counts of money laundering following an eight-day trial with testimony from thirty-two government witnesses. Evidence presented at trial showed that from 2009 through 2013 Loftis solicited approximately $3 million from investors based upon false representations that he owned leases on the Blackfeet Indian Reservation. Loftis also made misrepresentations regarding the amounts of oil produced from these oil wells. Loftis also falsely represented to investors that he owned oil and gas leases in Oklahoma and Texas though Loftis had defaulted on purchase agreements for the leases.
As part of his scheme, after receiving investor funds, Loftis typically provided investors with a few checks totaling about $1000 and then stopped payments altogether. Once investors complained, Loftis provided excuses regarding disputes about ownership or issues with drilling. In some instances, Loftis offered to return the investors’ money and entered a rescission agreement for the investment. Loftis, however, failed to return the investors’ money or issued a check cancelled through a stop payment.
In 2011, Loftis took steps to complete a transaction known as reverse merger in which his shell company, Prism, would become a subsidiary of a publically traded company. Based upon Loftis’s representations that he needed capital to continue Prism’s operations until his company could receive equity in the public markets, Loftis obtained a $1.9 million bridge loan from investor funds. After Loftis received the loan proceeds, he failed to carry out the steps needed to complete the merger and kept the bridge loan proceeds while spending $190,000 of the funds on a luxury RV and other personal expenses.
Also in 2011, Loftis relocated to Texas and began soliciting funds from investors in a newly formed company Great Northern Energy. Loftis continued to misrepresent his education and denied having a criminal record despite a 1995 felony conviction for bank fraud and false statements to a financial institution.
This case was investigated by the FBI and IRS and prosecuted by Assistant United States Attorneys Chad Spraker and Adam Duerk.
Corporate Officers for Bozeman-Based USA Brass Company, Inc. Plead Guilty to False Statement and Clean Water Act Offenses Related to Company's Discharges of Lead-Contaminated Waste WaterRead the Press Release
MISSOULA – Two former corporate officers of USA Brass Company, Inc. a Bozeman-based company that cleaned and polished spent ammunition casings for resale and reuse, pled guilty to separate offenses related to the company’s unauthorized discharges of lead-contaminated waste water into the City of Bozeman’s sewer system in 2013. U.S. Magistrate Jerimiah Lynch presided over the plea hearings held in Missoula on August 2 and August 9.
Zachary Daniel Flanagan, a 26-year old resident of Bozeman, Montana and former Chief Executive Officer of USA Brass, pled guilty to a felony false statement offense for making false representations to the pretreatment coordinator for the City of Bozeman’s Publicly Owned Treatment Works (POTW) regarding the nature of lead-contaminated industrial waste water generated by USAB to gain permission to discharge the wastewater into the city’s sewer system.
Flanagan pled guilty to an information alleging that he falsely stated in a November 2013 email to the pretreatment coordinator that USAB’s laboratory analysis of the waste water had been reviewed by an environmental consultant who concluded that the lead-contaminated waste water “would be fine to send down the sewer.” Flanagan admitted that the statement was false because the consultant had not reviewed analytical results and had not concluded that the waste water was suitable for discharge to the city sewer. Sentencing for Flanagan is scheduled for November 15, 2018.
Nolan Michael Schimpf, a 26-year old resident of Bozeman, Montana, and former Chief Production Officer of USA Brass, pled guilty to a misdemeanor count under the federal Clean Water Act for negligently discharging the lead-contaminated waste water into the Bozeman POTW without authorization from September 2013 to December 2013, in violation of the City’s pretreatment program that regulates industrial discharges of pollutants into the City’s Publicly Owned Treatment Works. Schimpf is scheduled to be sentenced on November 16, 2018.
The EPA’s criminal investigation into the company’s waste water disposal practices followed a 2013 OSHA investigation into lead exposure of workers at the USA Brass facility that resulted in OSHA citations for worker safety violations. USA Brass has since closed the Bozeman business.
"The defendants jeopardized public health and safety by discharging lead contaminated wastewater into public sewage systems, and lied to a local City official to obtain permission for the discharges,” said Special Agent in Charge Jeffrey Martinez of EPA’s Criminal Investigation Division in Montana. “This case sends a clear signal that EPA will hold accountable those who violate laws designed to protect our communities and the environment.”
This case was prosecuted by Assistant U.S. Attorney Bryan R. Whittaker and Special Assistant U.S. Attorney Eric E. Nelson. It was investigated by the U.S. Environmental Protection Agency’s Criminal Investigation Division, Montana Office.
Sidney Meth Dealer Sentenced to over 18 Years in PrisonRead the Press Release
BILLINGS - The United States Attorney’s Office announced today that Martin Anderson was sentenced to 220 months in prison, five years of supervised release, and a $100 special assessment. U.S. District Judge Susan Watters presided over the hearing.
Anderson previously entered a guilty plea to conspiracy to possess with intent to distribute methamphetamine. In or before July 2016 Anderson entered into an agreement with other conspirators to import substantial amounts of methamphetamine into the Sidney area of Montana for redistribution. Law enforcement would learn that Anderson, who has an extensive criminal history, purchased from California and arranged for its transportation and re-distribution in Sidney and elsewhere. Law enforcement would conduct multiple controlled purchases of methamphetamine from Anderson. A search warrant executed on Anderson’s residence in March 2017 resulted in the discovery of methamphetamine and numerous items associated with narcotics distribution. At sentencing, Judge Watters found that at least 4.5 kilograms of actual methamphetamine was attributable to Anderson.
In a sentencing memorandum filed in federal court, federal prosecutors noted Andersons’s “life of crime” and his “sheer breadth” of this conduct in importing such a large quantity of methamphetamine to the Bakken. In that memorandum, the United States described how Anderson was responsible for approximately half a pound of methamphetamine per week. Anderson represented a significant player in the methamphetamine distribution network in Sidney and beyond.
Judge Watters sentenced Anderson to over 18 years in federal prison, with five years of supervised release to follow. Because there is no parole in the federal system, Anderson will likely serve all of the time imposed by the court. In the federal system, Anderson does have the opportunity to shorten the term of custody by earning credit for good behavior. However, this reduction will not exceed 15% of the overall sentence.
Judge Watters previously sentenced other defendants directly affiliated with Anderson. His co-defendant, Autumn Guerrero was sentenced to 84 months. Co-conspirators Timothy Swope and Tiffany Boland were sentenced to 156 months and 60 months, respectively, by Judge Watters.
The Anderson case was investigated by the Federal Bureau of Investigation, Montana Department of Criminal Investigation, and other federal, state, and local agencies. Assistant United States Attorneys Zeno Baucus and Bryan Dake prosecuted Anderson.
Great Falls Man Sentenced to Prison on Child Pornography ChargesRead the Press Release
GREAT FALLS - A Great Falls man was sentenced today for receipt of child pornography. United States District Judge Brian M. Morris sentenced Shale Dean Brandt, 43, to 72 months in prison, 5 years of supervised release, and a $100 special assessment. Brandt was also ordered to pay $33,136.40 in restitution.
The charge stemmed from an investigation by Homeland Security Investigations into an Interpol tip that showed Brandt participated in chats and expressed a sexual interest in children. Brandt was interviewed and consented to the search of numerous electronic devices. A total of 551 specific images and 24 videos were found on the devices. A certified forensic examiner analyzed the three devices and found the devices contacted files, images, and videos depicting child pornography. The video files depicted images of prepubescent children involved in sexually explicit conduct. In one instance, the defendant communicated with a Montana woman who provided the defendant with images of child pornography of her 10-year old daughter.
The case was investigated by Homeland Security Investigations and prosecuted by Assistant U.S. Attorney Tom Bartleson.
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 (ICAC) 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.
Great Falls Man Sentenced for Great Falls Methamphetamine Distribution RingRead the Press Release
GREAT FALLS - The United States Attorney’s Office announced today that 62-year old Jack Tome of Great Falls was sentenced to 72 months in prison, five years of supervised release, and a $100 special assessment. U.S. District Judge Brian M. Morris presided over the hearing.
In the spring of 2016, the Russell County Drug Task Force began investigating the defendant, Jack Tome, for distributing methamphetamine. The defendant shared a house in Great Falls with his girlfriend, and law enforcement was aware that numerous individuals frequented the home in order to obtain methamphetamine. Other sources told the police that the defendant conducted the majority of his methamphetamine business in the detached garage of the house.
On September 8, 2016, detectives received information that the defendant had traveled to Washington to obtain methamphetamine with Juan Magana. The following day, detectives observed Magana drop the defendant off at his home in Great Falls. Detectives then obtained a search warrant for the home and garage, and found the defendant weighing methamphetamine and dividing it into smaller quantities. Magana was previously convicted and sentenced for his involvement in this drug crime.
The defendant spoke with detectives and acknowledged he had been receiving methamphetamine from Magana. He also explained that he was expecting customers for the methamphetamine he had just received at the time the detectives executed the search warrant. The defendant said he typically purchased an ounce of methamphetamine from Magana for $800, and resold the methamphetamine for $50 a half-gram, $100 a gram, and $275 for 3.5 grams of methamphetamine.
Detectives seized three baggies of methamphetamine from the defendant’s coat pockets. Detectives also seized a bag of methamphetamine from a shop table in the garage, and a bag of methamphetamine from the defendant’s pants pocket. In total, detectives seized 71.39 grams of actual methamphetamine from the defendant.
Tome has a history of felony drug convictions.
The case was prosecuted by Assistant U.S. Attorney Jessica Betley and investigated by Homeland Security Investigations, and the Russell Country Drug Task Force.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
U.S. Attorney's Office Announces Settlement with BNSF RailwayRead the Press Release
MISSOULA – The United States Attorney’s Office announced today that BNSF Railway Company has agreed to settle a lawsuit brought on behalf of the United States Forest Service regarding road use and damage on the Kootenai National Forest.
The lawsuit alleges that BNSF Railway damaged Forest Service roads on the Kootenai National Forest and failed to pay its fair share of costs for its commercial use of Forest Service roads. First, the lawsuit claims that in 2011, a train derailed from the BNSF line and spilled grain in an area along the BNSF line adjacent to a Forest Service road. The United States alleges that the grain removal and clean up from the spill damaged Forest Service roads, and BNSF has refused to pay for the damage to the road. The United States also claims that, since 2014, BNSF Railway has refused to pay the costs for road maintenance and permit fees associated with the use of overweight vehicles during seasonal road closures on the Kootenai National Forest. Last, the United States alleges BNSF Railway has trespassed on numerous Forest Service roads without obtaining the appropriate permits or authority.
Under the settlement, BNSF Railway will pay the United States $200,000. It will also spend up to $750,000 through 2019 to repair and maintain Forest Services roads located on the Kootenai National Forest that were damaged by its past use. In addition, BNSF Railway and the Kootenai National Forest have entered a Commercial Road Use Permit and a Forest Road Operation and Maintenance Agreement. These agreements will govern BNSF Railway’s use of Forest Service roads on the Kootenai National Forest in the future and require BNSF Railway to make annual contributions to Forest Service road maintenance.
“This settlement demonstrates our commitment to ensuring that commercial road users such as BNSF Railway, which utilize public land and roads for their businesses, pay their fair share for the wear and tear they cause to our public resources,” said U.S. Attorney Kurt Alme of the District of Montana. “Our office, in conjunction with the Forest Service, will continue to protect our public resources and ensure that taxpayers are not required to pay for damage caused by a business operating across federal land.
“I am pleased that we have come to a resolution on this issue and look forward to working with BNSF into the future on the Kootenai National Forest,” added Chris Savage, Forest Supervisor for the Kootenai National Forest.
The case, United States of America v. BNSF Railway Company, Cause No. CV-17-20-M-DLC-JCL (D. Mont.) was filed in February 2017 by Assistant U.S. Attorney Megan Dishong and stayed during the parties’ settlement negotiations. Following the settlement between the United States and BNSF Railway, the federal district court has dismissed the case.
Belgrade Man Sentenced to Prison for Drug OffenseRead the Press Release
MISSOULA – Richard Lee Clark, a 59-year-old resident of Belgrade, was sentenced today to 60 months in prison followed by four years supervised release after pleading guilty to conspiracy to possess with intent to distribute controlled substances. U.S. District Judge Dana Christensen handed down the sentence.
In late September 2016, investigators from the Missouri River Drug Task Force used a confidential informant to purchase methamphetamine. The confidential informant used Shannon Leavitt to arrange a drug deal. On October 3, 2016, investigators again used a confidential informant to purchase seven grams of methamphetamine from Leavitt. The informant and Leavitt went to her father’s, Richard Clark, house to pick up the methamphetamine. During that transaction, Leavitt told the informant that she was in business of dealing meth with her father Richard Clark.
Investigators also learned that methamphetamine was being shipped through the United States Mail to the Clark/Leavitt address. Investigators were then notified by the U.S. Postal Service about an express mail package being shipped to that address. Investigators had a K9 from the Bozeman Police Department sniff the package. The K9 positively alerted on the package for the presence of drugs. Investigators obtained a search warrant for Clark/Leavitt residence. They then delivered the package to the residence. Later that afternoon, Richard Clark returned to the home, retrieved the package, and went inside. Investigators then executed the search warrant at the house and found evidence of drug dealing. When they searched the Express Mail package, investigators found that it contained a candle and a tennis ball. There was an obvious hole in the tennis ball and investigators pulled a package out of it that contained 10.4 grams of methamphetamine. The candle was cut open which revealed the bottom half had been hollowed out and then resealed in a manner which made it look as though it had not been tampered with. The hollowed out portion of the candle held a package with 29.1 grams of methamphetamine.
Leavitt was interviewed after the search and admitted her role in the conspiracy. She said she was getting an ounce of methamphetamine a week for the past month from her source in Salt Lake City. She further said that she had previously driven to meet her source halfway between Montana and Salt Lake to get methamphetamine. Leavitt also stated that she would send her source the money through Western Union or Wal-Mart to Wal-Mart. Clark was also interviewed and said that he had been getting meth from the same source of supply as had been identified by Leavitt. Clarke said that he had ordered four ounce packages of meth from his source himself and that at one point, his source came to Montana to meet Clarke. He said he would get the money to his source by wiring it to him and would pay $550 for an ounce. Clarke also stated that he had sold or given meth to people who had come by the residence.
Clarke was held accountable for a total drug weight of 158.2 grams of methamphetamine which amounts to 1265 individual doses of the drug.
Shannon Leavitt has also pled guilty to her role in the drug conspiracy and was sentenced on January 19, 2018 to 60 months imprisonment.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The case was prosecuted by Assistant U.S. Attorney Bryan R. Whittaker and investigated by the FBI, Gallatin County Sheriff’s Office, Bozeman Police Department, and the United States Postal Service.
Missoula Men Sentenced to Federal Prison on Drug and Gun ChargesRead the Press Release
MISSOULA - Allen Harwood, 41, and Dezmen Patron, 20, both of Missoula, were sentenced today to 138 months and 126 months in prison respectively to be followed by 5 years of supervised release. Both pleaded guilty to conspiracy to distribute methamphetamine and possessing a firearm in furtherance of drug trafficking. US District Judge Donald W. Molloy handed down the sentences.
Beginning in September of 2017 and continuing through February 6, 2018, Harwood and Patron distributed methamphetamine around the Missoula area. They would most often get the methamphetamine from Eastern Washington and return to Missoula to sell the methamphetamine out of Harwood’s residence. Harwood and Patron also carried firearms and exchanged firearms for methamphetamine on several occasions.
The case was prosecuted by Assistant U.S. Attorney Tara Elliott and investigated by the FBI’s Montana Regional Violent Crime Task Force.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Philipsburg Man Sentenced to Federal Prison for Firearm ViolationRead the Press Release
BILLINGS – Doyle Wesley Pearson, a 39-year-old Philipsburg resident, was sentenced today to 48 months in prison followed by 3 years supervised release after pleading guilty to prohibited person in possession of firearms on March 6, 2018. U.S. District Judge Susan P. Watters handed down the sentence.
Between July 29 and August 1, 2016, Pearson possessed and pawned eight firearms in Livingston, Butte, and Missoula, Montana. Pearson told law enforcement officers that he pawned the eight firearms at eight difference pawnshops so he would not appear suspicious. Pearson’s prior convictions include a Montana failure to register as a sex offender in August 2015 and sodomy in the second degree sodomy from Oregon in 1995. At the time, Pearson was on absconder status with his supervising probation officer and using methamphetamine.
The case was investigated by the Bozeman Police Department, Montana Highway Patrol, and Bureau of Alcohol, Tobacco, Firearms, and Explosives.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Greycliff Man Sentenced to 120 Months in Federal Prison for Selling Methamphetamine Out of a Billings Hotel RoomRead the Press Release
BILLINGS - The United States Attorney’s Office announced today that Donald Theodore Fuller, a 34 year-old resident of Greycliff, Montana was sentenced to 120 months in prison, 5 years of supervised release, and a $100 special assessment. Fuller was convicted of possession of methamphetamine with intent to distribute in violation of 21 U.S.C. § 841(a)(1).
In May 2016, Billings Police received a tip about a male selling methamphetamine from a local hotel room. Based on the tip, officers were able to determine which room the male had rented. Eastern Montana HIDTA Task Force agents also assisted in the investigation and they eventually obtained a search warrant for the room. When agents executed the warrant, Fuller was in the room. During the search, agents seized 397.6 grams of pure methamphetamine, two firearms, $79,790 in United States Currency, and multiple items of drug paraphernalia. The 397.6 grams of pure methamphetamine converts to 3,176 individual doses.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Great Falls Man Sentenced for Possession of Child PornographyRead the Press Release
MISSOULA – Shane Courtney, 50, of Great Falls, Montana, was sentenced today to 66 months in prison for possession of child pornography. Courtney pleaded guilty January 24, 2018 to one count of possession of child pornography. Courtney admitted that from June 2005 through February 28, 2017, he possessed child pornography. Federal agents discovered his child pornography collection after they searched his residence in February 2017. At that time, Courtney was residing in Anaconda with his wife and children. Agents seized computers and storage devices that were later examined by the Intermountain West Regional Computer Forensics Laboratory in Billings. A Certified Forensic Examiner determined that Courtney possessed numerous files depicting child pornography including images of prepubescent children.
In addition to the prison term, U.S. District Court Judge Dana L. Christensen ordered Courtney to pay a $100 special assessment and ordered 15 years of supervised release.
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 (ICAC) 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.The case was investigated by Federal Bureau of Investigation and U.S. Immigration and Customs Enforcement Homeland Security Investigations. Both federal agencies are members of the Montana Internet Crimes Against Children Task Force. The case was prosecuted by Assistant United States Attorney Cyndee L. Peterson.
Fort Peck Tribal Officer Sentenced to Prison for Stealing Drug EvidenceRead the Press Release
GREAT FALLS - The United States Attorney’s Office announced that former Fort Peck Tribal Officer Mikkel Derrik Shields was sentenced to one year in prison, one year of supervised release, and ordered to pay $1,149.06 in restitution. The sentencing occurred on June 28, 2018, before U.S. District Judge Brian Morris, in Great Falls, Montana.
In an offer of proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government explained that Officer Shields, while on duty, broke into the evidence room at the Fort Peck Tribal Law and Justice Building. While there, Officer Shields stole drug evidence, including methamphetamine, prescription drugs, marijuana, and money. When interviewed, Officer Shields admitted he indeed took the drugs because he “just needed them” and he was a “weak person.” As a result of Shields’ actions, the Fort Peck Tribe was forced to dismiss 27 criminal cases, including other drug cases, assaults, and property crimes.
This case was investigated by the Federal Bureau of Investigation. Because there is no parole in the federal system, the truth in sentencing guidelines mandate that Shields will likely serve all of the time imposed by the court. In the federal system, Shie.ds does have the opportunity to shorten the term of custody by earning credit for good behavior. However, this reduction will not exceed 15% of the overall sentence.
California Man Sentenced for Sexually Exploiting a 12-Year Old Montana GirlRead the Press Release
GREAT FALLS –Jaycob Tyler Kutzera, 23, from Redlands, California, was sentenced yesterday in U.S. District Court. U.S. District Court Judge Brian Morris sentenced Kutzera to 180 months’ imprisonment. Upon his release, he will be on supervised release for 5 years. Kutzera was also ordered to pay restitution to the victim.
The case stems from a 2016 investigation. In April 2016, the mother of a 12-year old girl contacted the Great Falls Police Department. The mother, formerly of Great Falls, stated that she had looked through her daughter’s cell phone and saw sexually explicit communications between her 12-year old daughter and a male. The mother also saw sexually explicit images. During its investigation, the Great Falls Police Department determined the 12-year old girl engaged in sexually explicit communications with Kutzera via Facebook and other online applications. Kutzera requested sexually explicit images of the girl during their online chats. Great Falls Police Detective Jesse Slaughter traveled to California, seized Kutzera’s cellular phone and computer pursuant to a search warrant, and interviewed Kutzera. During the interview, Kutzera admitted that he knew the girl was 12 years old, yet he continued to engage in the sexually explicit communications with her. He also continued to receive images and videos of the child engaged in sexual conduct. He also sent the child images of himself masturbating. Kutzera’s conduct continued from April through October 2016.
The case was prosecuted by Assistant U.S. Attorney Cyndee L. Peterson. This case was investigated by members of the Montana Internet Crimes Against Children Task Force, the Great Falls Police Department, DHS-Homeland Services Investigations and FBI Regional Computer Forensic Laboratory. 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 (ICAC) 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.
Appeals Court Upholds Public Access on Popular Beaverhead Deerlodge National Forest TrailRead the Press Release
HELENA – The United States Court of Appeals for the Ninth Circuit yesterday issued an order affirming a ruling from U.S. District Court Judge Sam E. Haddon that the United States Forest Service possesses an easement by prescription on behalf of itself and the public for use of Forest Service Trail No. 328, commonly known as the Indian Creek Trail, in the Madison Ranger District of the Beaverhead-Deerlodge National Forest. This popular trail provides public access into the Lee Metcalf Wilderness.
The case arose in 2014, when Plaintiff Wonder Ranch, LLC, sued the United States under the Quiet Title Act following the United States’ filing of a “statement of interest” in the trail. Wonder Ranch claimed that the trail, which traverses its 80-acre parcel east of Cameron, Montana, was used by the public by permission of the landowner, and that no public right of access existed. The United States counter-sued, claiming that a prescriptive easement across Wonder Ranch for the public and the Forest Service to use the trail had been clearly established through many decades of stock, recreational, and commercial use.
Following an eight-day trial in 2016, the District Court found that based on the historical evidence and testimony of multiple witnesses, a public easement had been established and maintained through generations of use of the Trail. The Court of Appeals affirmed that ruling, holding that the District Court’s determination that a public right of way existed was not in error and that the easement is held by the Forest Service for the benefit of the public.
“We are very pleased with the Court’s decision,” said Leanne Martin, Forest Service Northern Regional Forester. “Maintaining public access to USDA Forest Service lands is an important part of our mission. At the same time, we ask everyone who accesses Forest Service land through private property, whether an easement exists or access is granted by permission, to be respectful of the landowner’s property rights.”
This case was argued before the Court of Appeals by Assistant U.S. Attorney Mark Smith.
Idaho Man Sentenced to Prison for Hostage TakingRead the Press Release
COEUR D’ALENE, IDAHO - On June 26, 2018, Chad Lee Vonk, a 22-year-old resident of Lenore, Idaho, was sentenced to a term of incarceration of 10 years followed by 5 years of supervised release by U.S. District Court Judge Edward J. Lodge on felony charges of Hostage Taking and Strangulation. Mr. Vonk pled guilty to both crimes on November 30, 2017. Vonk’s guilty pleas were related to two different indictments for a pair of consolidated cases in Northern Idaho.
On March 14, 2017, following a 17-hour standoff with law enforcement, a heavily armed suspect was taken into custody. Chad Lee Vonk, an enrolled member of an Alaska tribe, was extracted from his residence through a joint operation that included officers from the Nez Perce Tribal Police, the Nez Perce County Sheriff’s Office, the Lewis County Sheriff’s Office, the Idaho State Police, and the Federal Bureau of Investigation.
Nez Perce Tribal Police initially responded to reports of battery and domestic violence involving several victims at a residence in Lenore, ID. Upon arrival, they determined that Vonk had taken members of the residence hostage. After negotiations with law enforcement, the hostages were released and received medical treatment. Mr. Vonk, however, remained barricaded in the residence. An FBI S.W.A.T team from Montana and Idaho continued negotiations with Vonk in an attempt to have him leave the residence peacefully.
At 10:00 a.m. on the morning of March 14, the S.W.A.T. team forcibly removed Vonk from the residence. No shots were fired. According to a family friend, Vonk was transported to St. Joseph Regional Medical Center for injuries.
Mr. Vonk was then taken into the custody of the Nez Perce Tribe and was charged with domestic battery, resisting arrest, kidnapping, and a weapons offense. Vonk was later federally indicted for hostage-taking and kidnapping.
The Nez Perce County Sheriff, the Idaho State Police, Nez Perce Tribal Police, the Lewis County Sheriff and the FBI were able to peacefully resolve this highly volatile situation, according to Mary Jane Miles, Chairman of the Nez Perce Tribal Executive Committee. “All of the officers involved should be commended for the professional nature of their work in ensuring the safe release of the hostage and capture of the suspect.”
In a second, unrelated matter, Vonk also pled guilty to charges of strangulation in a case involving his domestic partner. In November 29th, 2016, Vonk strangled his then wife in Lenore, Idaho. The victim in that case survived the assault.
The United States Attorney for Montana Kurt G. Alme stated, “We are grateful to the Idaho US Attorney’s Office, the Idaho FBI, the members of the S.W.A.T. team, local and tribal law enforcement and the FBI Victim Witness Coordinators in the Coeur d’Alene Office for their cooperation in this case and support for the victims of these crimes.” This case was prosecuted by AUSA Adam Duerk from the District of Montana who was appointed by the United States Attorney General’s Office as a special prosecutor.
Investigation of Lodge Grass Triple Killing Concludes, No Charges FiledRead the Press Release
LODGE GRASS, MONTANA - On August 4, 2017, Nehemiah Brokenrope, Frank Nomee Jr., and Denise Stewart were shot and killed after entering a home on the Crow Reservation. Occupants of the home were also injured. The Federal Bureau of Investigation and Bureau of Indian Affairs (BIA) conducted an extensive, 10-month investigation. The investigation involved numerous interviews, evidence collection and analysis, and autopsies of the deceased.
The investigation revealed that Brokenrope, Nomee, and Stewart forcibly entered the house carrying at least one gun and possibly another gun or other weapon. An occupant of the home had a gun. Shots were fired. An occupant of the home was shot in the abdomen. Brokenrope, Nomee, and Stewart were mortally shot.
After a careful review of the evidence and witness testimony, prosecutors concluded the investigation could not conclusively determine who shot whom, or in what order the shots were fired. Thus, there is no way to prove, beyond a reasonable doubt, who actually fired the shot(s) that killed any of the decedents. Additionally, even if there were evidence sufficient to prove who shot whom, the United States would be unable to overcome beyond a reasonable doubt claims of self-defense and/or defense of another.
Upon careful consideration of the evidence and after consulting with the experienced prosecutors reviewing the case, the United States Attorney determined that no charges can be filed in this case.
United States Attorney Kurt G. Alme stated, “This case has been a priority for the FBI, the BIA, and this office. Violent deaths are a tragedy, and this incident has had deep impacts on the Crow Tribe and the residents of Lodge Grass. We send our condolences to the entire community.”
Pakistani Citizen Sentenced for Interstate StalkingRead the Press Release
HELENA – Mohammad Asif Waziri, a 47-year-old Pakistani citizen, was sentenced today to 48 months in prison followed by 3 years supervised release after pleading guilty to interstate stalking on April 4, 2018. Senior U.S. District Judge Charles C. Lovell handed down the sentence. The defendant was also ordered to pay $900.00 in restitution.
Waziri stalked four victims in Oregon between June and September 2017 by engaging in a pattern harassing phone calls and voicemails, Facebook Messenger messages, and packages. Waziri did this despite being served with a no-contact order and being warned by law enforcement not to continue his harassment of the victims.
The case was prosecuted by Assistant U.S. Attorney Tom Bartleson and investigated by the Federal Bureau of Investigation and the Oregon State Police.
Missoula Sex Trafficker Sentenced to 30 Years in PrisonRead the Press Release
BILLINGS - The United States Attorney’s Office announced today that Terrance Tyrell Edwards was sentenced to 360 months in prison, lifetime supervised release, and a $1,000 special assessment. Edwards was also ordered to pay $3,370 in restitution to one of his victims. U.S. District Judge Susan P. Watters presided over the hearing.
A jury convicted Edwards in February of three counts of Sex Trafficking by Force, Fraud, or Coercion; three counts of Transportation of a Minor with Intent to Engage in Prostitution; one count of Obstruction of a Sex Trafficking Investigation; one count of Transportation of a Person with Intent to Engage in Criminal Sexual Activity; one count of Distribution of Marijuana to Person Under 21 Years of Age; and one count of Tampering with a Witness, Victim, or Informant. The jury also convicted co-defendant Francine “Joanna” Granados of one count of Tampering with a Witness, Victim, or Informant.
Beginning in March of 2016, shortly after he was released from prison on prostitution charges, Edwards began forcing his first female victim in this case to engage in commercial sex in Missoula, Montana. Edwards physically and emotionally abused her and threatened her life and the lives of her family members. Shortly after this victim escaped, Edwards transported another victim from Missoula to Billings and forced her to work in commercial sex. Edwards sexually assaulted her and threatened her with violence if she ever spoke about what they had done in Billings. In September of 2016, Edwards forced a third victim to engage in commercial sex in Missoula. Edwards transported this victim throughout the state of Montana and to Utah, where he forced her to walk the street for commercial sex customers. Edwards physically assaulted her, emotionally abused her, and threatened her and her child. Edwards kept all of the money from the commercial sex encounters.
Also in September of 2016, Edwards transported three minor girls from North Dakota to Montana to work in commercial sex. On their way to Billings, Edwards supplied them with marijuana. Edwards was arrested in Billings shortly after arriving with the girls.
Immediately after Edwards was arrested, he and co-defendant Granados began trying to influence the testimony of various victims. In recorded jail calls, Edwards and Granados discussed how Granados would reach out to one of the minor victim’s family members and how Granados had used a relative’s Facebook account to communicate directly with that minor victim. Edwards himself contacted a different minor victim in an attempt to prevent her from cooperating with law enforcement. Despite warnings from the FBI that she was witness tampering, Granados, at Edwards’s direction, also sent multiple Facebook messages to one of Edwards’s sex trafficking victims attempting to coerce her to recant her statements to law enforcement. In its sentencing memorandum filed with the Court, the United States Attorney’s Office noted Edwards’s extensive criminal history, including a prior conviction for promotion of prostitution, and seriousness of the offenses for which he was convicted here.
Also today Granados was sentenced to 24 months, 3 supervised release, and a $100 special assessment. As noted above, she assisted Edwards in attempting to tamper with multiple witnesses in connection with the investigation.
The case was prosecuted by Assistant U.S. Attorneys Zeno Baucus and Cyndee Peterson and was investigated by the Federal Bureau of Investigation, the Montana Department of Criminal Investigations, the Missoula Police Department, and the Billings Police Department.
California Man Sentenced to 15 Months in Federal Prison for Illegal Possession of a HandgunRead the Press Release
BILLINGS - The United States Attorney’s Office announced that Luis Javier Gaspar, a 20 year-old resident of San Jose, California, was sentenced on June 20, 2018 to 15 months in prison, 3 years of supervised release, and a $100 special assessment. Gaspar was convicted of felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1).
In March 2017, a Montana Highway Patrol Trooper pulled over a car occupied by Gaspar and his co-defendant, Francisco Calderon, for a traffic infraction. During the stop, the trooper developed probable cause to search the car and law enforcement found a loaded revolver in the middle console. Gaspar was prohibited from possessing the firearm based on a prior felony conviction in California.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
California Man Sentenced for Selling Oxycodone Pills in Great FallsRead the Press Release
GREAT FALLS - The United States Attorney’s Office announced today that 46-year old Lafaven Adams of Corona, California, was sentenced to 54 months in prison, 3 years of supervised release, and a $100 special assessment. U.S. District Judge Brian M. Morris presided over the hearing.
In February of 2017, law enforcement officers in Great Falls, Montana, became aware of large shipments of oxycodone arriving in Great Falls from California. That month, detectives examined a package that contained approximately 200 oxycodone pills, which possessed a street value of approximately $12,000. Through further investigation, officers learned that similar shipments had arrived in Great Falls and surrounding areas, and all of them came from Long Beach, California.
Officers later identified the source of these shipments as the defendant, Lafaven Adams. In March of 2017, detectives found Adams in Great Falls and watched him complete numerous drug deals in various parking lots. Pursuant to a search warrant, detectives found 544 oxycodone pills in Adams’ hotel room. The pills had a street value of approximately $32,000 and were of the same type and manufacture as the pills previously seized.
Through additional investigation, detectives learned that Adams frequently traveled to Great Falls from Long Beach, and distributed hundreds of pills from his hotel room and throughout town. When Adams was not in Great Falls, he sent numerous packages that contained pills to Great Falls for redistribution. Adams has an extensive criminal history that includes numerous prior drug trafficking convictions.
The case was prosecuted by Assistant U.S. Attorney Jessica Betley and investigated by the Russell Country Drug Task Force and Homeland Security Investigations.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Mexican Man Sentenced to Federal Prison for Illegal ReentryRead the Press Release
GREAT FALLS – Irving Uriel Galindo Santos, a 29-year-old Mexican citizen, was sentenced today to 6 months in prison followed by 2 years supervised release after pleading guilty to illegal reentry on February 28, 2018. U.S. District Judge Brian M. Morris handed down the sentence.
In December 2017, Galindo Santos was found in Cut Bank, Montana, by deputies with the Glacier County Sheriff’s Office. The deputies then contacted the United States Border Patrol (USBP) for assistance. The USBP agents confirmed Galindo Santos’ identity, alien status, prior deportation, and prior felony conviction at the Border Patrol station after taking his fingerprints. Galindo Santos was convicted of felony unlawful delivery of methamphetamine in Oregon on February 15, 2007. He was removed from the United States on April 26, 2008.
Galindo Santos confirmed that he was born in Hidalgo, Mexico, and his parents were born in Mexico. In November 2016, he climbed over the wall at the international boundary near San Diego. He traveled to Oregon and ultimately moved to Cut Bank, Montana, in November 2017. He did not have permission to reenter the United States.
The case was prosecuted by Assistant U.S. Attorney Paulette Stewart and investigated by the Glacier County Sherriff’s Office and United States Border Patrol.
Dearborn Woman Sentenced for Role in Sexual Abuse and Exploitation of a ChildRead the Press Release
GREAT FALLS - The United States Attorney's Office announced that during a federal court session in Great Falls, on June 6, 2018, before U.S. District Judge Brian Morris, MICHELLE ANDRA JOYNER also known as Michelle Dumond, a 46-year-old resident of Dearborn, Montana, was sentenced to a term of:
•Prison: 300 months
•Special Assessment: $100
•Forfeiture: computer, tablet and cell phone
•Supervised Release: 10 years
JOYNER was sentenced in connection with her guilty plea to sexual exploitation of children (production of child pornography). Her common law spouse, Timothy Weaver, was sentenced in federal court on May 29, 2018. Weaver was imprisoned for 500 months for his role in the crimes. JOYNER and Weaver sexually exploited a child. The case stemmed from a Cascade County Sheriff’s Office child sex abuse investigation that began in August 2016. The Sheriff’s Office searched digital devices and determined that JOYNER and Weaver sexually abused a child for a number of years and took images of the abuse.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that JOYNER will likely serve all of the time imposed by the court. In the federal system, JOYNER does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The case was prosecuted by Assistant U.S. Attorney Cyndee L. Peterson. This case was a cooperative investigation between the Cascade County Sheriff’s Office and the Homeland Security Investigations. Both agencies are members of the Montana Internet Crimes Against Children Task Force.
This case was initiated under the Department of Justice’s Project Safe Childhood initiative which was launched in 2006 to combat the proliferation of technology-facilitated crimes involving the sexual exploitation of children. Through a network of federal, state and local law enforcement agencies and advocacy organizations, Project Safe Childhood attempts to protect children by investigating and prosecuting offenders involved in child sexual exploitation. It is implemented through partnerships including the Montana Internet Crimes Against Children (ICAC) 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.
Butte Methamphetamine Supplier Sentenced to Federal PrisonRead the Press Release
GREAT FALLS – Iran Michael Kesselman, a 72-year-old former Las Vegas resident, was sentenced today to 104 months in prison followed by 3 years supervised release after pleading guilty to conspiracy to possess with the intent to distribute methamphetamine on September 10, 2013. U.S. District Judge Brian M. Morris handed down the sentence.
Kesselman trafficked methamphetamine to Butte, Montana, and other locations, from February 2008 until July 2012. Money was transferred to Kesselman, then he shipped methamphetamine to Montana using Federal Express. Two Butte methamphetamine dealers traveled to Las Vegas to obtain methamphetamine from Kesselman. In Spring 2012, Kesselman rented a motel room in Butte where two to three and perhaps as much as 20 ounces of methamphetamine were sold. In July 2012, Kesselman and his driver traveled from Las Vegas to Butte with 111.35 grams of actual methamphetamine hidden in a Coco Crispy cereal box. The defendant was held responsible for possessing with the intent to distribute 117.55 grams of actual methamphetamine. That converts to 936 individual doses of the drug.
The case was prosecuted by Assistant U.S. Attorney Paulette Stewart and investigated by the Southwest Montana Drug Task Force.
On 500th Day of Trump Administration, Attorney General Sessions Announces 311 New Assistant United States Attorney PositionsRead the Press Release
BILLINGS – On the 500th day of the Trump Administration, Attorney General Jeff Sessions and U.S. Attorney for the District of Montana Kurt Alme announced that the Department of Justice is taking a dramatic step to increase resources to combat violent crime, enforce our immigration laws, and help roll back the devastating opioid crisis.
In the largest increase in decades, the Department of Justice is allocating 311 new Assistant United States Attorneys to assist in priority areas. Those allocations are as follows: 190 violent crime prosecutors, 86 civil enforcement prosecutors, and 35 additional immigration prosecutors. Many of the civil enforcement AUSA’s will support the newly created Prescription Interdiction & Litigation Task Force which targets the opioid crisis at every level of the distribution system.
“Under President Trump's strong leadership, the Department of Justice is going on offense against violent crime, illegal immigration, and the opioid crisis—and today we are sending in reinforcements,” said Attorney General Jeff Sessions. “We have a saying in my office that a new federal prosecutor is 'the coin of the realm.' When we can eliminate wasteful spending, one of my first questions to my staff is if we can deploy more prosecutors to where they are needed. I have personally worked to re-purpose existing funds to support this critical mission, and as a former federal prosecutor myself, my expectations could not be higher. These exceptional and talented prosecutors are key leaders in our crime fighting partnership. This addition of new Assistant U.S. Attorney positions represents the largest increase in decades.”
In Montana, one new AUSA will join the Project Safe Neighborhood initiative to help reduce violent crime in the state, which, according to the FBI, increased almost 35% from 2010 to 2016. The second AUSA will litigate cases involving opioids, health care fraud and other frauds committed against the United States. These new AUSAs will increase the total number in Montana to 30.
United States Attorney Kurt Alme added, “These new prosecutors will help reduce violent crime by prosecuting violent criminals and those who cause violent crime by trafficking meth into our state, and will help stop the improper use of opioids and frauds committed against taxpayer dollars. Our office looks forward to continuing to work with our federal, state, tribal and local partners to address these important problems in Montana.”
Great Falls Man Sentenced for Counterfeiting in Great FallsRead the Press Release
GREAT FALLS - The United States Attorney’s Office announced today that 42-year old Bobby Lamere of Great Falls, Montana, was sentenced to 18 months in prison, 3 years of supervised release, and a $100 special assessment. Additionally, Lamere was ordered to pay $4,335.00 in restitution. U.S. District Judge Brian M. Morris presided over the hearing.
Beginning in March of 2017, numerous businesses in Great Falls began to report to the police department that customers were presenting counterfeit bills on a frequent basis. The Great Falls Police Department responded to the complaints, seized the counterfeit bills, and looked for suspects.
During early May of 2017, law enforcement attempted to locate the defendant, Bobby Lamere, concerning an outstanding warrant. On May 15, 2017, law enforcement found Lamere sleeping in the backseat of a car parked in a business parking lot. When the driver of Lamere’s car came out of the store, the driver told officers that they would find narcotics, counterfeit money, and a handgun inside the car. The driver also alluded that Lamere was making counterfeit money.
Officers subsequently searched the car and found numerous counterfeit $20, $10 and $5 bills consisting of varying serial numbers. These counterfeit bills had a resemblance to genuine United States currency. In addition, detectives found two laptop computers, printing paper, printing ink, software programs, and four sheets of $20 and $100 counterfeit Federal Reserve Notes, as well as a firearm on the floorboard behind the driver’s seat.
Following this search, police continued to receive reports of counterfeit activity in Great Falls. In late May of 2017, the Secret Service completed processing a large number of counterfeit bills. This analysis showed an extensive amount of counterfeit currency all originating from Great Falls. The Secret Service also conducted an analysis of the counterfeit serial numbers found in Lamere’s car, and determined counterfeit bills with these same serial numbers had been passed throughout Great Falls.
Detectives subsequently interviewed Lamere. He explained that he manufactured counterfeit Federal Reserve Notes in $20, $50 and $100 denominations. Lamere stated that he only provided the bills to people for narcotics and that he did not actually pass the bills himself. Lamere learned to wash the bills, flatten them out, and then place them on a printer to make a template. He then would make several sheets of counterfeit bills and cut the sheets with a paper cutter. Following that process, Lamere used gel pens to enhance the bills. At some point, Lamere became addicted to heroin and started manufacturing more bills to trade for the drug. Lamere believed he had manufactured approximately $6000-$7000 worth of counterfeit Federal Reserve Notes since December of 2016.
The Secret Service subsequently examined the counterfeit Federal Reserve Notes passed in Great Falls and observed much of this counterfeit consisted of the same type of paper, pen and ink known to be used by Lamere in his counterfeiting activities. On September 8, 2017, law enforcement again came into contact with Lamere and found him in possession of 16 counterfeit Federal Reserve Notes consisting of $20 and $50 bills.
The case was prosecuted by Assistant U.S. Attorney Jessica Betley and investigated by the United States Secret Service and the Great Falls Police Department.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Billings Man Sentenced to Statutory Maximum for Illegal Firearms PossessionRead the Press Release
BILLINGS—Jimmy Mark Walker, a 36-year old resident of Billings, was sentenced on Friday, May 25, 2018 to 120 months of imprisonment and 3 years of supervised release after pleading guilty to felon in possession of a firearm. United States District Judge Susan P. Watters issued the sentence.
On August 24, 2016, law enforcement officers arrested Walker’s co-defendant, Huston Curran, after finding him in possession of a small quantity of methamphetamine and a short-barreled shotgun. Agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives were able to determine through investigation that Curran was being supplied with methamphetamine by Walker. On the evening of August 24, 2016, agents went to Walker’s residence along with members of the Montana Department of Probation and Parole, since Walker was under the supervision of the State of Montana at the time for a felony offense. When agents attempted to make contact with Walker, he retreated into his garage and a standoff ensued for the next four hours. Finally, members of the Billings SWAT team were able to convince Walker to surrender without incident.
When executing a search warrant of Walker’s garage, they discovered 12 firearms, including assault rifles capable of carrying large capacity magazines, stolen firearms, one firearm with an obliterated serial number, a ballistic vest, and drug paraphernalia. At sentencing, the district court determined that Walker possessed the firearms in connection with methamphetamine trafficking. The sentence imposed was the statutory maximum for Walker’s offense of conviction.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and was part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Dearborn Man Sentenced to 41 Years in Prison for Sexual Exploitation of Children, Production and Receipt of Child PornographyRead the Press Release
GREAT FALLS - The United States Attorney's Office announced that during a federal court session in Great Falls, on May 29, 2018, before U.S. District Judge Brian Morris, TIMOTHY ALLEN WEAVER, a 36-year-old resident of Dearborn, Montana, was sentenced to a term of:
•Prison: 500 months
•Special Assessment: $300
•Restitution: $3,000
•Forfeiture: computer, tablet and cell phone
•Supervised Release: lifetime
WEAVER was sentenced in connection with his guilty plea to two counts of sexual exploitation of children (production of child pornography) and one count of receipt of child pornography. WEAVER sexually exploited a child in Montana, and victimized other children outside of Montana through the images he received via the internet.
In an Offer of Proof filed by Assistant U.S. Attorney Cyndee L. Peterson, the government stated it would have proved at trial the following:
In August 2016, the Cascade County Sheriff’s office was conducting a criminal investigation, and Defendant Timothy Weaver’s residence in Cascade, Montana, was searched pursuant to a search warrant. Items were seized including an eMachines computer, a Polaroid Tablet, and a Microsoft cellular telephone. The items were submitted for forensic analysis and review. The examiner located files that depicted children engaged in sexually explicit conduct.
The child pornography files include images of WEAVER engaged in sexually explicit conduct with a child. In addition to those images, WEAVER possessed images of other children engaged in sexually explicit conduct and that WEAVER received those images between 2010 and 2016.
In its Sentencing Memorandum, the United States stated that Weaver engaged in a repeated pattern, covering a period of approximately five years, of sexual exploitation of a child. He violently abused the child victim multiple times per week, including choking. During the abuse and humiliation, the victim would close her eyes and cry.
This case was a cooperative effort between the Cascade County Sheriff’s Office and the Homeland Security Investigations. Both agencies are members of the Montana Internet Crimes Against Children Task Force.
“The efforts of the Cascade County Sheriff’s Office in promptly searching Weaver’s residence and then requesting the assistance of the Montana Internet Crimes Against Children Task Force and HSI have not only rescued this child from Weaver’s on-going abuse but it also protected other children from victimization." said U.S. Attorney Kurt G. Alme.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that Weaver will likely serve all of the time imposed by the court. In the federal system, Weaver does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
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 (ICAC) 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.
Bozeman Man Sentenced to over 15 Years in Prison for Drug Trafficking OffenseRead the Press Release
HELENA – Edward Paul Ellington, a 38-year-old resident of Bozeman, Montana, was sentenced today to 190 months in prison followed by 5 years supervised release after pleading guilty to conspiracy to possess methamphetamine with intent to distribute. U.S. Senior District Judge Charles C. Lovell handed down the sentence.
From July 2016 to May 2017, Ellington was involved in a large drug conspiracy operating in Gallatin and Broadwater Counties. Ellington was the leader of the drug conspiracy and would sell methamphetamine to at least 12 different people. One of those individuals was Ryan Cervantes who would then sell the methamphetamine to 40 to 50 people. Ed Ellington was considered to be the biggest drug supplier in the Bozeman and Belgrade area.
The investigation showed that Ellington would often give drugs to people on a “front” and then personally collect the drug debt or send others to threaten or beat up the drug distributors to pay him the money they owed him. The investigation also showed that Ellington was in possession of firearms during his drug trafficking.
On April 15th, 2017, Ellington was driving a 2014 Chevy Cruz and was stopped near Three Forks by Montana Highway Patrol. Ellington was on his way back from Spokane to Bozeman with a drug load. Officers obtained a warrant for Ellington’s vehicle and found approximately 200 grams of methamphetamine in Ellington’s possession. In addition, the investigation showed that Ellington first started selling ½ ounce quantities of methamphetamine, but those amounts increased rapidly. By December 2017, Ellington was distributing ¾ of a pound of methamphetamine. In total, Ellington was held responsible for distributing 1,618.72 grams of methamphetamine. That converts to 12,949 individual dosage units of the drug which reached drug users in Montana.
Ellington’s co-conspirator, Ryan Cervantes was also charged, pled guilty, and sentenced on April 12, 2018 to 10 years imprisonment.
The case was prosecuted by Assistant U.S. Attorney Bryan R. Whittaker and investigated by the Federal Bureau of Investigation, the Missouri River Drug Task Force, and the Montana Highway Patrol.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Kalispell Man Sentenced to Federal Prison for Export and Firearm ViolationsRead the Press Release
MISSOULA – Eric Daniel Doyle, a 37-year-old former Kalispell resident, was sentenced today to 180 months in prison followed by 3 years supervised release after pleading guilty to illegal export, attempted illegal export, and felon in possession of firearms on February 7, 2018. U.S. District Judge Donald W. Molloy handed down the sentence.
Doyle admitted to supplying buyers from Europe, Australia, the United Kingdom, and Canada with firearms and magazines when he was interviewed by law enforcement in September 2014. In approximately February 2014, Doyle began selling firearms on a website to people in other countries. Doyle learned that there were a lot of people in the Kalispell area trying to sell firearms and, at the same time, a lot of people online that wanted to buy them. Doyle would check his email messages to see what types of firearms people were requesting, and then see what was available around town. Doyle also checked local gun websites or gun shows for the types of firearms sought in the email requests.
Doyle used associates to package and ship most of the firearms. He personally packaged 12 firearms. At the time of his interview, Doyle estimated that he and his associates shipped 25 to 35 firearms out of the Kalispell area. Doyle filled out all of the shipping paperwork and customs forms used to send the packages. When officers later searched his storage unit they found one of the packed firearms with its pre-filled customs and shipping form. In addition, officers found fifteen firearms, ten pistol magazines, and 150 rounds of ammunition as well as packing and shipping materials.
Doyle also acknowledged that he was a convicted felon and he knew that he was prohibited from possessing firearms. Doyle’s prior felony convictions include possession of cocaine, burglary, and unlawful deliver of a controlled substance (cocaine) from Illinois.
The case was prosecuted by Assistant U.S. Attorney Paulette Stewart and investigated by the United States Postal Service Office of Inspector General, Homeland Security Investigations, and Bureau of Alcohol, Tobacco, Firearms, and Explosives.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
East Helena Man Pleads Guilty to Illegal Possession of a Machine GunRead the Press Release
HELENA – Patrick Ofaron Longdon, a 49-year-old resident of East Helena, Montana, pled guilty to illegal possession of a machine gun. U.S. Senior District Judge Sam Haddon presided over the hearing and set sentencing for October 2, 2018.
On July 4, 2017, the East Helena Police Department was dispatched to a man shooting an AK-47 type rifle into the air. Upon arrival, contact was made with Patrick Longdon. Longdon admitted to shooting the rifle into the air and that is was “fully-automatic.” Longdon was advised of his rights and acknowledged that he understood and agreed to be interviewed. Longdon told the officer that this was the first time he had ever fired the AK-47 since he converted it himself to full-auto. He also said he “just wanted to see if it worked.” He said that he thought he had fired about 10 rounds out of the rifle.
The officer asked Langdon if he would allow him to enter the house to retrieve the rifle. Longdon agreed to allow officers into his house and said that he “needed to get rid of the rifle.” He asked the officer to go into the house to retrieve it. The Officer recovered an AK-47 variant rifle from the floor of a bedroom within the residence. The rifle was unloaded with a magazine in the magazine well. The rifle was a Romarm/Cugir, Model SAR-1, 762 caliber, Rifle, Obliterated Serial Number.
Patrick Longdon’s name was queried within the ATF National Firearm Registration and Transfer Record (NFRTR). There was no record of Longdon within the NFRTR that allowed him to possess the firearm recovered from his house .
The case was prosecuted by Assistant U.S. Attorney Bryan R. Whittaker and investigated by the East Helena Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Baker Man and Trucking Company Found Guilty for Mislabeling and Falsifying Records Related to Transporting Explosive MaterialsRead the Press Release
BILLINGS - On Tuesday, May 22, 2018, The United States obtained a guilty verdict in United States v. Woody’s Trucking, LLC and Donald E. Wood, Jr. after an 8 day jury trial in Billings, Montana before the Honorable Susan P. Watters. Both Defendants were charged with conspiracy, wire fraud, mail fraud, placarding violations and obstruction of justice stemming from an explosion at an oil and gas processing facility in Wibaux, Montana. The defendants were convicted of 13 of 14 counts. The one count of acquittal related to one of the placarding violations. Forfeiture in the case amounts to $644,689.70.
On December 29, 2012, a driver for Woody's Trucking, loaded natural gas condensate, or "drip gas," from a pipeline station that transports products from the Bakken oil fields in Montana and North Dakota. The drip gas was hauled from Watford City, North Dakota, to Custom Carbon Processing, Inc. (CCP). CCP is a slop-oil processing/recycling company based near Wibaux, Montana. The bill of lading that accompanied the shipment identified the product as "slop oil and water," which is a non-hazardous substance. However, while the driver was pumping from the truck’s front tank into the CCP facility, a fire ignited, injuring three employees. The tanks on the truck burned for eight days until the local fire department could determine that they held drip gas and not slop oil and water, as indicated on the bill of lading. Drip gas is a hazardous material and the truck was not placarded to indicate it held a flammable liquid. Three employees were seriously injured in the explosion.
Witnesses at trial testified that the CEO of the company, Donald Wood, Jr., directed the driver to place a falsified Bill of Lading in the burned out truck several days after the explosion. The reason was to cover up the fact that the company was hauling drip gas without placards. Furthermore, the company had no insurance coverage for hauling drip gas.
Sometime after the explosion, the employees of the burned facility sued Woody’s Trucking, the owners of the CCP facility and others for negligence in a civil action. Woody’s submitted the lawsuit to their insurance company for payment of costs, attorney fees and payment of the eventual settlements to the injured workers. The insurance company agreed to settle the claims, but always maintained that there was no coverage for hauling drip gas.
U.S. Attorney Kurt Alme stated, “I want to thank the prosecution team and the representatives from the Department of Transportation and Environmental Protection Agency that coordinated on this important investigation. Mislabeling and submitting false documents to conceal the presence of explosive material on public highways are serious criminal matters that will be prosecuted to the fullest extent of the law. As this case demonstrates, the failure to properly disclose and label hazardous materials can endanger lives.”
“The defendants in this case tried to cover up safety violations by providing falsified documents to first responders, showing little regard for the safety of first responders, public health, or environmental damage,” said Susan Bodine, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s guilty verdict shows that EPA, our law enforcement partners, and the jury agree that those who choose to disregard laws designed to keep our communities safe from chemical accidents should be held accountable for their actions.”
The jury deliberated for 3 hours before finding both defendants guilty of 13 of 14 counts.
The case was tried by AUSA Adam Duerk and SAUSA Eric Nelson of the EPA. The United States’ Attorney’s Office conducted this investigation with the Environmental Protection Agency - Criminal Investigation Division as well as the Department of Transportation.