District of Montana
Press releases recorded for this federal judicial district.
Justice Department Announces Fair Housing Settlement with Montana DevelopersRead the Press Release
The Justice Department announced today that the developers and designers of 31 apartment buildings in or near Helena, Montana, have agreed to settle a lawsuit alleging that the buildings were not built to be accessible to people with disabilities, as required by the Fair Housing Act.
The department’s lawsuit, which was also filed today, alleges that the developers and designers of the properties designed and built the 64 ground floor apartments at these buildings with steps to unit entrances, inaccessible bathrooms and kitchens or other features that make them inaccessible to people with disabilities. The defendants named in the suit include the developers and their affiliated companies – Gabriel Nistler, Sommer Nistler, Ross Royland, Patrick Royland, Royland & Nistler Properties LLC and Werner-Nistler Properties LLC – and the designers of the properties, Derek Brown and Derek Brown Consulting Inc.
Under the settlement, which still must be approved by the U.S. District Court for the District of Montana, the defendants must undertake extensive corrective actions to make the apartment buildings accessible to persons with disabilities, including wheelchair users. These corrective actions include:
- creating accessible routes to ground floor apartment entrances, accessible routes to parking, mailboxes and other common areas;
- making interior modifications such as moving the locations of fixtures or moving the location of electrical outlets and thermostat controls that make the apartments more accessible to people with disabilities;
- constructing new multifamily housing with enhanced accessibility features; and
- paying $20,000 to establish a settlement fund for the purpose of compensating individuals with disabilities who have been harmed by the accessibility violations.
“All people with disabilities deserve an equal opportunity to live in the housing of their choice,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “By removing accessibility barriers in existing buildings and creating new accessible units, this settlement will help ensure that individuals with disabilities in Helena, Montana, enjoy the rights guaranteed by the Fair Housing Act.”
“This settlement is emblematic of the Justice Department’s commitment to fair housing standards for all,” said U.S. Attorney Michael Cotter of the District of Montana. “It sends a message that failing to consider the needs of individuals with disabilities in the construction of new housing is simply not acceptable in Montana communities, and helps ensure that the needs of those individuals will be considered from the earliest stages of the design and permitting processes.”
Individuals who may be entitled to share in the settlement fund will be identified through a process established in the settlement. Persons who believe they were subjected to unlawful discrimination at one of the properties either when they lived there or considered living there should contact the Justice Department toll-free at 1-800-896-7743, Mailbox 9995, or email the department at [email protected].
The Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. Among other things, the Fair Housing Act requires that new multifamily housing be designed and constructed with features that make it accessible to people with disabilities. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Individuals who believe that they may have been victims of housing discrimination can call the Housing and Civil Enforcement Section at 1-800-896-7743, email the Justice Department at [email protected] or contact the U.S. Department of Housing and Urban Development at 1-800-669-9777 or through www.hud.gov/fairhousing.
Nistler II Complaint Nistler II Consent DecreeInformation: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Lynch in Missoula on September 22, 2016 and entering pleas of Not Guilty were:
- TERRY LYNN STURDEVANT, JR., a 29-year-old resident of Butte, appeared on charges of felon in possession of a firearm. If convicted of the charge contained in the indictment, STURDEVANT faces 10 years in prison, $250,000 in fines, and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 16-11
Appearing before U.S. Magistrate Johnston in Great Falls on September 19, 2016 and entering pleas of Not Guilty were:
- LEON BOYD MESSERLY, a 55-year-old resident of Harlem, appeared on charges of assault resulting in serious bodily injury and assault with a dangerous weapon. If convicted of the most serious charge contained in the indictment, MESSERLY faces 10 years in prison, $250,000 in fines, and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 16-62
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Johnson in Great Falls on September 15, 2016 and entering pleas of Not Guilty were:
-
KEITH JOSEPH HANKS, a 433year-old resident of Minneapolis, Minnesota, appeared on charges of second degree murder.If convicted of the charge contained in the indictment, HANKS faces life in prison, $250,000 in fines, and 5 years supervised release.The case was investigated by the Federal Bureau of Investigation.PACER Case Reference. 16-59
-
JANELLE RED DOG, a 42-year-old resident of Poplar, appeared on charges of first degree murder, second degree murder, felony child abuse and accessory after the fact.If convicted of the most serious charges contained in the indictment, RED DOG faces life in prison, $250,000 in fines, and 5 years supervised release.The case was investigated by the Federal Bureau of Investigation.PACER Case Reference. 16-60
Appearing before U.S. Magistrate Ostby in Billings on September 12, 2016 and entering pleas of Not Guilty were:
-
KERIANN RUTH REED, a 27-year-old resident of Billings, appeared on charges of possession with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking offense.If convicted of the most serious charge contained in the indictment, REED faces life in prison, $5,000,000 in fines, and 5 years supervised release.The case was investigated by the Drug Enforcement Administration.PACER Case Reference. 16-65
Appearing before U.S. Magistrate Ostby in Billings on September 6, 2016 and entering pleas of Not Guilty were:
-
JUSTIN R. SUNDSTROM, a 30-year-old resident of Billings, appeared on charges of felon in possession of a firearm.If convicted of the charge contained in the indictment, SUNDSTROM faces 10 years in prison, $250,000 in fines, and 3 years supervised release.The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.PACER Case Reference. 16-22
Appearing before U.S. Magistrate Lynch in Missoula on September 1, 2016 and entering pleas of Not Guilty were:
-
NICHOLAS DENNIS LAMERE, JR., a 44-year-old resident of Marion, appeared on charges of failure to register as a sex offender.If convicted of the charge contained in the indictment, LAMERE faces 10 years in prison, $250,000 in fines, and lifetime supervised release.The case was investigated by the United States Marshals Service.PACER Case Reference. 16-33
-
MICHAEL WAYNE POWELL, a 38-year-old resident of Lolo, appeared on charges of conspiracy to distribute methamphetamine, and distribution of methamphetamine.If convicted of the most serious charges contained in the indictment, POWELL faces life in prison, $10,000,000 in fines, and 5 years supervised release.The case was investigated by the Federal Bureau of Investigation.PACER Case Reference. 16-35
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
-
Montana U.S. Attorney's Office, Reentry Task Force, and Great Falls Chamber Host Reentry SymposiumRead the Press Release
GREAT FALLS – The U.S. Attorney’s Office for the District of Montana, the Montana Reentry Initiative Task Force, and the Great Falls Area Chamber of Commerce will present a program addressing offender reentry initiatives on Friday, August 19, 2016.
Montana has a very high recidivism rate, which impacts communities and families throughout the state. This problem is not unique to Montana, but is prevalent throughout the country, and the work being done in Montana on reentry issues is consistent with the principles of the Justice Department’s national initiative to address reentry issues. These principles include the formulation of individualized reentry plans; educational, employment, life skills, and substance abuse programs during incarceration; resources to maintain and build family relationships for inmates while incarcerated; establishment of halfway house and supervised release programs that cater to the needs of individuals; and the provision of comprehensive reentry-related information and resources necessary for former offenders to succeed as citizens.
The State of Montana has taken a timely and innovative approach to this issue through entities such as the Reentry Initiative Task Force, special drug courts, and veterans’ courts, as well as individualized tribal reentry programs that address the unique needs of former offenders reentering tribal communities. The US Attorney’s Office, representing the Justice Department, is fully committed to assisting in the development and growth of these state and tribal programs.
Friday’s program will cover a broad range of reentry issues, and will include presentations by US Attorney Mike Cotter on the Justice Department’s “Roadmap to Reentry” and related programs, Eighth Judicial District Court Judge Greg Pinski, who will present on veterans’ and drug court programs, and many others.
The program will take place on Friday, August 19, at Heritage Hall at the Great Falls College MSU from 1:00pm-4:30pm.
Idaho Man Pleads Guilty to Distribution of Meth Resulting in DeathRead the Press Release
GREAT FALLS – Thomas Joseph Wehner Jr., 40, of Moyie Springs, Idaho, pleaded guilty today to one count of distribution of methamphetamine resulting in death. The charges stemmed from a six-count indictment in February of this year. Wehner appeared before U.S. District Court Judge Brian Morris to enter the guilty plea.
Had the case proceeded to trial, the United States was prepared to prove that on September 22, 2015, deputies in Boundary County, Idaho, responded to a report of a business burglary. The business owner told authorities that chainsaws, gold, numerous firearms, and his truck had been stolen during the preceding night. The business owner told authorities two days later that he had visited Wehner’s home to discuss a business issue and observed a chainsaw he believed to be one of the ones stolen in the partially opened trunk of a car.
On September 30, 2015, Meagher and Broadwater County deputies, along with Montana Highway Patrol Officers, responded to a high speed pursuit between White Sulphur Springs and Townsend. The driver eventually stopped and law enforcement identified the vehicle as belonging to Wehner, although he was not in the vehicle when it was stopped. Through communication with Boundary County deputies, Montana law enforcement determined that the vehicle contained one of the firearms that had been reported stolen, and that Wehner had at one point been in the vehicle.
The morning of October 1, Great Falls police officers were dispatched to a report of a dead male. The deceased victim’s wife told law enforcement that Wehner had shown up at her house the previous evening with several water bottles of what he said was “pure dope.” The defendant and the victim proceeded to drink out of one of the bottles and the victim became agitated and died sometime during the early morning. One of the recovered water bottles was sent to the DEA lab for testing and was determined to contain a half gram of methamphetamine with a purity of 100%. An autopsy revealed that the victim had died after ingesting a lethal amount of methamphetamine.
Almost simultaneously, Judith Basin County deputies responded to a call from a woman in Hobson, Montana. She said that the defendant had shown up at her home that morning driving a rental vehicle. He was behaving erratically and stated that there was a dead body lying on the ground in Great Falls. She later called the authorities again to inform them that Wehner was at a nearby bank. Detectives found him at the bank, and Wehner agreed to accompany them to the police station to be interviewed. In Wehner’s rented vehicle, detectives found hydrocodone pills, a black suitcase with two water bottles and a ziplock bag that contained methamphetamine. Wehner admitted that he had provided the methamphetamine to the victim and had intended to provide him with some of the drug to sell. He also admitted to the Idaho burglary.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Great Falls Police Departments, along with the Drug Enforcement Agency, The Montana Highway Patrol, the Meagher, Broadwater, Judith Basin, and Cascade County Sheriff’s Offices, and the Boundary County, Idaho Sheriff’s Office. The case was prosecuted by Assistant U.S. Attorney Jessica Betley.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Johnson in Great Falls on July 21, 2016 and entering pleas of Not Guilty were:
- MITCHELL LAWRENCE LAMERE, a 22-year-old resident of Box Elder, appeared on charges of first degree murder, second degree murder, and arson. If convicted of the most serious charges contained in the indictment, LAMERE faces life in prison, $250,000 in fines, and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 16-52
Appearing before U.S. Magistrate Ostby in Billings on July 19, 2016 and entering pleas of Not Guilty were:
- DEVAN GREGORY SANCHEZ, a 24-year-old resident of Lame Deer, appeared on charges of assault with intent to commit murder, assault resulting in serious bodily injury, assault with a dangerous weapon, and use of a firearm during and in relation to a crime of violence. If convicted of the most serious charges contained in the indictment, SANCHEZ faces life in prison, $250,000 in fines, and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 16-67
Appearing before U.S. Magistrate Lynch in Missoula on July 19, 2016 and entering pleas of Not Guilty were:
- CHARISE LOUISE DUNN, a 51-year-old resident of Hamilton, appeared on charges of supplemental security income fraud, and false statements. If convicted of the most serious charge contained in the indictment, DUNN faces 5 years in prison, $250,000 in fines, and 3 years supervised release. The case was investigated by the Social Security Administration Office of Inspector General. PACER Case Reference. 16-21
Appearing before U.S. Magistrate Johnston in Great Falls on July 7, 2016 and entering pleas of Not Guilty were:
- JOHN MARVIN OLD CHIEF, a 24-year-old resident of Browning, appeared on charges of conspiracy to commit arson of a dwelling, and attempted arson of a dwelling. If convicted of the most serious charge contained in the indictment, OLD CHIEF faces life in prison, $250,000 in fines, and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 16-48
- JOHN MARVIN OLD CHIEF, a 24-year-old resident of Browning, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, and distribution of methamphetamine. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference. 16-38
Appearing before U.S. Magistrate Ostby in Billings on July 6, 2016 and entering pleas of Not Guilty were:
- ANTHONY MICHAEL McGARRY, a 29-year-old transient, appeared on charges of felon in possession of a firearm. If convicted of the charge contained in the indictment, McGARRY faces 10 years in prison, $250,000 in fines, and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 16-61
Appearing before U.S. Magistrate Ostby in Billings on July 5, 2016 and entering pleas of Not Guilty were:
- PAUL MICHAEL LABRIE, a 22-year-old resident of Big Timber, appeared on charges of uttering counterfeit obligations. If convicted of the charge contained in the indictment, LABRIE faces 20 years in prison, $250,000 in fines, and 3 years supervised release. The case was investigated by the United States Secret Service. PACER Case Reference. 16-45
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Basin Man Sentenced to 18 Months for Clean Water Act Violations and Destruction of U.S. PropertyRead the Press Release
MISSOULA – Joseph David Robertson, 77, was sentenced today to eighteen months in prison and three years’ supervised release for unauthorized discharge of pollutants into waters of the United States and injury or depredation of United States property. Robertson must also pay $129,933.50 in restitution. U.S. District Court Judge Donald W. Molloy issued the sentence and ordered that Robertson be detained immediately. Robertson was convicted in April following a four day federal trial.
Robertson was indicted by a grand jury in May of 2015 as a result of illegal ponds he built on two parcels of land near Basin, Montana, one on Beaverhead-Deerlodge National Forest land and the other on adjacent private property. Robertson has continually asserted that he owns the property where ponds were built, but he does not. The ponds resulted in the discharge of dredged and fill material into a tributary stream and adjacent wetlands and caused widespread damage to both properties.
At trial, the government introduced evidence that in October of 2013, a United States Forest Service (USFS) Special Agent visited the National Forest property to determine whether Robertson had complied with previously issued conditions of probation for misdemeanor violations of USFS regulations. The Agent testified at trial that during the site visit, she observed multiple ponds dug into an existing stream on both USFS and adjacent private property not owned by Robertson.
During a subsequent site visit in November of 2013, Robertson admitted to Environmental Protection Agency (EPA) and USFS Criminal Special Agents that he had performed the work on the National Forest property using an excavator. State and federal officials visited the site again in May of 2014, and observed that Robertson had done additional work. The site was now approximately 1.2 acres in size, and extended beyond the National Forest property to a private property that he did not own. The work consisted of nine ponds of varying sizes, including some as large as approximately 4900 square feet that were placed directly in the stream and wetlands area. Unconsolidated dredged material from the ponds had been used to create the berms and had been placed in and around the stream and wetlands. Robertson admitted that he had completed the additional work. Additional investigation revealed that Robertson continued to construct ponds on the USFS property after May of 2014, despite being told repeatedly that he had no legal right to do so.
One of the central legal issues at trial was whether the waters polluted by Robertson were “waters of the United States” for purposes of the Clean Water Act. The United States introduced evidence and expert testimony from the Army Corps of Engineers and the EPA that the stream and wetlands had a significant nexus to traditional navigable waters, and therefore were “waters of the United States.” Fishery biologists from the Montana Fish, Wildlife and Parks (FWP) and the USFS testified that this headwater and wetland complex provided critical support to trout in downstream rivers and fisheries, including the Boulder and Jefferson Rivers.
“Robertson damaged federal land that the government holds in trust for the people of the United States,” said United States Attorney for the District of Montana Mike Cotter. “Clean waterways and healthy riparian ecosystems benefit the people who are the true owners of our public lands. This is not merely an issue of dumping a little dirt into a small stream, it is an illustration of the fact that waterways and riparian ecosystems are interconnected, and this type of destruction has significant environmental consequences downstream. This sentence sends a message that meaningful enforcement of environmental laws serves to protect resources owned by all Americans.”
“Like all Americans, Montana residents expect their local waterways to be clean and free of pollution,” said Jeffrey Martinez, Special Agent in Charge of EPA’s criminal enforcement program in Montana. “This defendant is a repeat violator, with the conduct in this case affecting a Montana waterway, National Forest Service Lands, and private property not belonging to the defendant. The EPA and its law enforcement partners are committed to protecting public health and our nation’s natural resources.”
The case was prosecuted by Assistant U.S. Attorney Bryan Whittaker and Special Assistant U.S. Attorney Eric Nelson from the United States Environmental Protection Agency. This case was investigated by multiple state and federal agencies including the United States Forest Service, the Environmental Protection Agency Criminal Investigation Division, the Army Corps of Engineers, and the Jefferson County Sheriff’s Office. Other agencies that assisted the investigation included Montana Fish, Wildlife and Parks and the Jefferson Valley Conservation District.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Ostby in Billings on June 29, 2016 and entering pleas of Not Guilty were:
- DOUGLAS DONALD PAIGE, a 36-year-old resident of Billings, appeared on charges of felon in possession of a firearm. If convicted of the charge contained in the indictment, PAIGE faces 10 years in prison, $250,000 in fines, and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 16-64
- VICTOR MIGUEL RIVERA-MUNOZ, a 30-year-old resident of Billings, appeared on charges of felon in possession of a firearm, and illegal alien in possession of a firearm. If convicted of the most serious charge contained in the indictment, RIVERA-MUNOZ faces 10 years in prison, $250,000 in fines, and 3 years supervised release. The case was investigated by the FBI Task Force. PACER Case Reference. 16-66
Appearing before U.S. Magistrate Johnston in Great Falls on June 28, 2016 and entering pleas of Not Guilty were:
- PAMELA STAR ANDERSEN, a 30-year-old resident of Peerless, appeared on charges of fraudulent issue of postal money orders, and misappropriation of postal funds. If convicted of the most serious charge contained in the indictment, ANDERSEN faces 10 years in prison, $250,000 in fines, and 3 years supervised release. The case was investigated by the U.S. Postal Service Office of Inspector General. PACER Case Reference. 16-42
- DEBORAH JOY DURAND, a 53-year-old resident of Vaughn, appeared on charges of false statement and fraud to obtain federal employee’s compensation, wire fraud, False Claims Act/fraudulent claims relating to workers’ compensation benefits, theft of government property. If convicted of the most serious charges contained in the indictment, DURAND faces 20 years in prison, $250,000 in fines, and lifetime supervised release. The case was investigated by the U.S. Postal Service Office of Inspector General. PACER Case Reference. 16-43
- KEVIN DAVID McGOVERN, a 46-year-old resident of Havre, appeared on charges of conspiracy to defraud the United States and the Chippewa Cree Tribe, scheme to defraud the United States and the Chippewa Cree Tribe, and bribery of an Indian tribal government official. If convicted of the most serious charges contained in the indictment, McGOVERN faces 20 years in prison, $250,000 in fines, and 3 years supervised release. The case was investigated by the U.S. Department of Interior Office of Inspector General, Internal Revenue Service, U.S. Department of Health and Human Services Office of Inspector General, and the Federal Bureau of Investigation. PACER Case Reference. 16-44
Appearing before U.S. Magistrate Lynch in Missoula on June 27, 2016 and entering pleas of Not Guilty were:
- KIRK EDWARD BARSNESS, a 47-year-old resident of Bozeman, appeared on charges of conspiracy to distribute methamphetamine, and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, BARSNESS faces life in prison, $10,000,000 in fines, and 5 years supervised release. The case was investigated by the Drug Enforcement Administration, Montana Division of Criminal Investigations, Missouri River Drug Task Force, and the Montana Highway Patrol. PACER Case Reference. 16-15
- ANTONIO GARCIA-CARDENAS, a 26-year-old resident of Pasco, Washington, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, GARCIA-CARDENAS faces 20 years in prison, $1,000,000 in fines, and 3 years supervised release. The case was investigated by the Drug Enforcement Administration. PACER Case Reference. 16-22
Appearing before U.S. Magistrate Lynch in Missoula on June 24, 2016 and entering pleas of Not Guilty were:
- CHRISTOPHER GLEN BAIRD, a 48-year-old resident of Las Vegas, Nevada, appeared on charges of conspiracy to distribute and possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, possession of a firearm in furtherance of a drug trafficking crime, and felon in possession of a firearm. If convicted of the most serious charges contained in the indictment, BAIRD faces life in prison, $10,000,000 in fines, and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 16-26
- CARISSA LYNN KOPP, a 34-year-old resident of Missoula, appeared on charges of conspiracy to commit robbery affecting commerce, robbery affecting commerce, carjacking, kidnapping, possess and brandish a firearm in furtherance of a crime of violence, and possess and discharge a firearm in furtherance of a crime of violence. If convicted of the most serious charges contained in the indictment, KOPP faces life in prison, $250,000 in fines, and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation, Missoula County Sheriff’s Office, Montana Regional Violent Crime Task Force, and Missoula Police Department. PACER Case Reference. 16-28
- BRIAN WAYNE ROGERS, a 38-year-old resident of Billings, appeared on charges of conspiracy to distribute and possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, possession of a firearm in furtherance of a drug trafficking crime, and felon in possession of a firearm. If convicted of the most serious charges contained in the indictment, ROGERS faces life in prison, $10,000,000 in fines, and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 16-26
- NICK WEST, a 38-year-old resident of Billings, appeared on charges of conspiracy to commit robbery affecting commerce, robbery affecting commerce, carjacking, kidnapping, possess and brandish a firearm in furtherance of a crime of violence, and felon in possession of a firearm. If convicted of the most serious charges contained in the indictment, ROGERS faces life in prison, $10,000,000 in fines, and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 16-26
Appearing before U.S. Magistrate Ostby in Billings on June 24, 2016 and entering pleas of Not Guilty were:
- DAN CARLSON, a 49-year-old resident of Lame Deer, appeared on charges of unlawful possession of a firearm. If convicted of the charge contained in the indictment, CARLSON faces 10 years in prison, $250,000 in fines, and 3 years supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference. 16-59
- THEODORE ALLEN WARE, a 46-year-old resident of Crow Agency, appeared on charges of aggravated sexual abuse, assault resulting in serious bodily injury, and strangulation. If convicted of the most serious charges contained in the indictment, WARE faces life in prison, $250,000 in fines, and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 16-70
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Ostby in Billings on June 23, 2016 and entering pleas of Not Guilty were:
- KRISTA LYNN MARTINEZ, a 36-year-old resident of Billings, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, conspiracy to possess with intent to distribute heroin, possession with intent to distribute heroin, felon in possession of a firearm, and possession of a firearm in furtherance of a drug trafficking crime. If convicted of the most serious charges contained in the indictment, MARTINEZ faces life in prison, $5,000,000 in fines, and 5 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 16-58
Appearing before U.S. Magistrate Johnston in Great Falls on June 23, 2016 and entering pleas of Not Guilty were:
- RICHARD LEE BROOME, a 58-year-old resident of El Granada, California, appeared on charges of conspiracy to defraud the Chippewa Cree Tribe, scheme to defraud the Chippewa Cree Tribe by wire, bribery/offering, and conspiracy to commit money laundering. If convicted of the most serious charges contained in the indictment, BROOME faces 20 years in prison, $2,400,000 in fines, and 3 years supervised release. The case was investigated by the U.S. Department of Health and Human Services Office of Inspector General. PACER Case Reference. 16-19
- JOHN WILLIAM LIEBA II, a 21-year-old resident of Wolf Point, appeared on charges of kidnapping of an individual under 18, aggravated sexual abuse, and assault resulting in serious bodily injury on an individual under 18. If convicted of the most serious charges contained in the indictment, LIEBA faces life in prison, $250,000 in fines, and lifetime supervised release. The case was investigated by the Federal Bureau of Investigation, Fort Peck Tribes Department of Law and Justice, Roosevelt County Sheriff’s Office, Montana Highway Patrol and Customs and Border Protection. PACER Case Reference. 16-51
Appearing before U.S. Magistrate Lynch in Missoula on June 22, 2016 and entering pleas of Not Guilty were:
- WILLIAM DONALD FLEINER, a 65-year-old resident of Helena, appeared on charges of theft from a local government receiving federal funding. If convicted of the charge contained in the indictment, FLEINER faces 10 years in prison, $250,000 in fines, and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation, Montana Division of Criminal Investigations and Homeland Security Investigations. PACER Case Reference. 16-08
Appearing before U.S. Magistrate Ostby in Billings on June 22, 2016 and entering pleas of Not Guilty were:
- SHEILA AYALA, a 31-year-old resident of Long Beach, California, appeared on charges of conspiracy to possess with intent to distribute oxycodone. If convicted of the charge contained in the indictment, AYALA faces 20 years in prison, $1,000,000 in fines, and 3 years supervised release. The case was investigated by the Drug Enforcement Administration. PACER Case Reference. 16-71
- KEVIN WELCH, a 33-year-old resident of Hallandale Beach, Florida, appeared on charges of conspiracy to possess with intent to distribute oxycodone, and possession with intent to distribute oxycodone. If convicted of the most serious charge contained in the indictment, WELCH faces 20 years in prison, $1,000,000 in fines, and 3 years supervised release. The case was investigated by the Drug Enforcement Administration. PACER Case Reference. 16-71
Appearing before U.S. Magistrate Lynch in Missoula on June 21, 2016 and entering pleas of Not Guilty were:
- LINDA PAULINE ALLEN, a 45-year-old resident of Missoula, appeared on charges of wire fraud. If convicted of the charge contained in the indictment, ALLEN faces 20 years in prison, $250,000 in fines, and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 16-20
- LINDA SCHILKE MAVITY, a 68-year-old resident of Victor, appeared on charges of social security fraud. If convicted of the charge contained in the indictment, MAVITY faces 5 years in prison, $250,000 in fines, and 3 years supervised release. The case was investigated by the Social Security Administration Office of Inspector General. PACER Case Reference. 16-23
Appearing before U.S. Magistrate Johnston in Great Falls on June 21, 2016 and entering pleas of Not Guilty were:
- GARY JOSEPH CONTI, a 70-year-old resident of Three Forks, appeared on charges of escape. If convicted of the charge contained in the indictment, CONTI faces 5 years in prison, $250,000 in fines, and 3 years supervised release. The case was investigated by the U.S. Marshals Service and the Internal Revenue Service. PACER Case Reference. 16-18
Appearing before U.S. Magistrate Johnston in Great Falls on June 15, 2016 and entering pleas of Not Guilty were:
- MARTIN GASPER MAZZARA, a 50-year-old resident of Henderson, Nevada, appeared on charges of conspiracy to defraud the Chippewa Cree Tribe, scheme to defraud the Chippewa Cree Tribe by wire, bribery/offering, and conspiracy to commit money laundering. If convicted of the most serious charges contained in the indictment, MAZZARA faces 20 years in prison, $2,400,000 in fines, and 3 years supervised release. The case was investigated by the U.S. Department of Health and Human Services Office of Inspector General. PACER Case Reference. 16-19
- DELVIN CONRAD CHAD RED EAGLE, a 23-year-old resident of Poplar, appeared on charges of second degree murder, and use and discharge of firearm during a crime of violence. If convicted of the most serious charge contained in the indictment, RED EAGLE faces life in prison, $250,000 in fines, and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation and Fort Peck Tribes Department of Law and Justice. PACER Case Reference. 16-45
- ZACHARY BROOKE ROBERTS, a 45-year-old resident of Billings, appeared on charges of conspiracy to defraud the Chippewa Cree Tribe, scheme to defraud the Chippewa Cree Tribe by wire, bribery/offering, and conspiracy to commit money laundering. If convicted of the most serious charges contained in the indictment, ROBERTS faces 20 years in prison, $2,400,000 in fines, and 3 years supervised release. The case was investigated by the U.S. Department of Health and Human Services Office of Inspector General. PACER Case Reference. 16-19
Appearing before U.S. Magistrate Ostby in Billings on June 15, 2016 and entering pleas of Not Guilty were:
- DOUGLAS DANIEL MEDINA, JR., a 39-year-old resident of Billings, appeared on charges of felon in possession of a firearm. If convicted of the charge contained in the indictment, MEDINA faces 10 years in prison, $250,000 in fines, and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 16-67
- PAUL J. LOYNING, a 40-year-old resident of Colstrip, appeared on charges of possession with intent to distribute methamphetamine. If convicted of the charge contained in the indictment, LOYNING faces 40 years in prison, $5,000,000 in fines, and 4 years supervised release. The case was investigated by the FBI Task Force. PACER Case Reference. 16-54
Appearing before U.S. Magistrate Johnston in Great Falls on June 14, 2016 and entering pleas of Not Guilty were:
- JASON LEE SPARKS, a 40-year-old resident of Great Falls, appeared on charges of felon in possession of a firearm. If convicted of the charge contained in the indictment, SPARKS faces 10 years in prison, $250,000 in fines, and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 16-30
- TRENT STANDING ROCK, a 43-year-old resident of Box Elder, appeared on charges of theft by employee of an Indian gaming establishment. If convicted of the charge contained in the indictment, STANDING ROCK faces 20 years in prison, $1,000,000 in fines, and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs. PACER Case Reference. 16-47
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Johnston in Great Falls on June 7, 2016 and entering pleas of Not Guilty were:
- RONALD RAY HORNER, a 56-year-old resident of Walsenburg, Colorado, appeared on charges of transportation of child pornography. If convicted of the charge contained in the indictment, HORNER faces 20 years in prison, $250,000 in fines, and lifetime supervised release. The case was investigated by the Homeland Security Investigations, Canada Border Services Agency, Royal Canadian Mounted Police, Southern Alberta Internet Child Exploitation Team. PACER Case Reference. 16-40
Appearing before U.S. Magistrate Johnston in Great Falls on June 6, 2016 and entering pleas of Not Guilty were:
- ZANE COLTIN CHANDLER, a 24-year-old resident of Babb, appeared on charges of possession of a stolen firearm, and accessory after the fact. If convicted of the most serious charge contained in the indictment, CHANDLER faces 10 years in prison, $250,000 in fines, and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 16-49
- QUADE SMITH, a 24-year-old resident of Browning, appeared on charges of assault with a dangerous weapon, assault resulting in serious bodily injury, using and discharging a firearm during and in relation to a crime of violence, possession of a stolen firearm, and accessory after the fact. If convicted of the most serious charges contained in the indictment, SMITH faces life in prison, $250,000 in fines, and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 16-49
Appearing before U.S. Magistrate Ostby in Billings on June 3, 2016 and entering pleas of Not Guilty were:
- TERRANCE DELVETTEO WILLIAMS, a 36-year-old resident of Billings, appeared on charges of illegal receipt of a firearm by a person under indictment. If convicted of the charge contained in the indictment, WILLIAMS faces 5 years in prison, $250,000 in fines, and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 16-26
Appearing before U.S. Magistrate Ostby in Billings on June 2, 2016 and entering pleas of Not Guilty were:
- CHANCE BILLY JOE DEHART, a 29-year-old resident of Billings, appeared on charges of conspiracy to possess with the intent to distribute and to distribute methamphetamine, possession with intent to distribute methamphetamine, and distribution of methamphetamine. If convicted of the most serious charges contained in the indictment, DEHART faces life in prison, $10,000,000 in fines, and 5 years supervised release. The case was investigated by Homeland Security Investigations. PACER Case Reference. 15-150
- ALDEN LEE WILSON, a 41-year-old resident of Billings, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, WILSON faces life in prison, $10,000,000 in fines, and 5 years supervised release. The case was investigated by the HIDTA Task Force. PACER Case Reference. 15-63
Appearing before U.S. Magistrate Johnston in Great Falls on May 25, 2016 and entering pleas of Not Guilty were:
- PHYLLIS LYNN TATSEY, a 53-year-old resident of Spokane, Washington, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, and distribution of methamphetamine. If convicted of the most serious charges contained in the indictment, TATSEY faces life in prison, $10,000,000 in fines, and 5 years supervised release. The case was investigated by the Drug Enforcement Administration and the Bureau of Indian Affairs. PACER Case Reference. 16-16
Appearing before U.S. Magistrate Ostby in Billings on May 25, 2016 and entering pleas of Not Guilty were:
- JOSHUA JAMES COOLEY, a 32-year-old resident of Sheridan, Wyoming, appeared on charges of possession with intent to distribute methamphetamine, and possession of a firearm in furtherance of a drug trafficking crime. If convicted of the most serious charge contained in the indictment, COOLEY faces life in prison, $5,000,000 in fines, and 5 years supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference. 16-42
- RANDY FALLS DOWN, a 51-year-old resident of Pryor, appeared on charges of willful failure to file return. If convicted of the charge contained in the information, FALLS DOWN faces 1 year in prison, $100,000 in fines, and 3 years supervised release. The case was investigated by the Internal Revenue Service. PACER Case Reference. 16-37
- PETER JOHN JEFFERSON, a 48-year-old resident of Lodge Grass, appeared on charges of abusive sexual contact with a minor. If convicted of the charge contained in the indictment, JEFFERSON faces 2 years in prison, $250,000 in fines, and lifetime supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 16-44
- DAVID ANDREW WALKSALONG, JR., an 18-year-old resident of Lame Deer, appeared on charges of assault resulting in seriously bodily injury, and assault with a dangerous weapon. If convicted of the most serious charge contained in the indictment, WALKSALONG faces 10 years in prison, $250,000 in fines, and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs. PACER Case Reference. 16-56
Appearing before U.S. Magistrate Ostby in Billings on May 24, 2016 and entering pleas of Not Guilty were:
- THOMAS GREGORY BAILEY, a 37-year-old transient, appeared on charges of conspiracy to distribute methamphetamine and to possess methamphetamine with intent to distribute, and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, BAILEY faces life in prison, $10,000,000 in fines, and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation Task Force. PACER Case Reference. 15-65
- ALFONSO BANDERAS-MARTINEZ, a 24-year-old resident of New York City, New York, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, BANDERAS-MARTINEZ faces life in prison, $10,000,000 in fines, and 5 years supervised release. The case was investigated by the Drug Enforcement Administration. PACER Case Reference. 16-53
- JOATHAM LEIGHT ECHAGILE, a 28-year-old resident of Tangipahoa Parish, Louisiana, appeared on charges of felon in possession of a firearm, and possession of a firearm in a school zone. If convicted of the most serious charge contained in the indictment, ECHAGILE faces 10 years in prison, $250,000 in fines, and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 16-15
- ANGEL GUZMAN-BANDEROS, a 19-year-old resident of San Jose, California, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, GUZMAN-BANDEROS faces life in prison, $10,000,000 in fines, and 5 years supervised release. The case was investigated by the Drug Enforcement Administration. PACER Case Reference. 16-53
- LUIS FELIPE LOPEZ-ROJAS, a 22-year-old resident of San Jose, California, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, LOPEZ-ROJAS faces life in prison, $10,000,000 in fines, and 5 years supervised release. The case was investigated by the Drug Enforcement Administration. PACER Case Reference. 16-53
- CHARLES JESSE SANCHEZ, JR., a 50-year-old resident of Billings, appeared on charges of felon in possession of a firearm and ammunition. If convicted of the charge contained in the indictment, SANCHEZ faces 10 years in prison, $250,000 in fines, and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 16-40
Appearing before U.S. Magistrate Johnston in Great Falls on May 23, 2016 and entering pleas of Not Guilty were:
- THELMA FAY PEPION, a 49-year-old resident of Browning, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, and distribution of methamphetamine. If convicted of the most serious charges contained in the indictment, PEPION faces 20 years in prison, $1,000,000 in fines, and 3 years supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference. 16-27
Appearing before U.S. Magistrate Lynch in Missoula on May 19, 2016 and entering pleas of Not Guilty were:
- NICHOLAUS WADE MANGELS, a 29-year-old resident of Polson, appeared on charges of receipt of child pornography. If convicted of the charge contained in the indictment, MANGELS faces 5 years in prison, $250,000 in fines, and lifetime supervised release. The case was investigated by Homeland Security Investigations, Internet Crimes Against Children Task Force, and Flathead County Sheriff’s Office. PACER Case Reference. 16-06
Appearing before U.S. Magistrate Johnston in Great Falls on May 17, 2016 and entering pleas of Not Guilty were:
- BRIAN KELLY EAGLEMAN, a 53-year-old resident of Box Elder, appeared on charges of theft from an Indian Tribal organization. If convicted of the charge contained in the indictment, EAGLEMAN faces 5 years in prison, $250,000 in fines, and 3 years supervised release. The case was investigated by the Department of Interior Office of Inspector General, Health and Human Services Office of Inspector General, Internal Revenue Service, and the Federal Bureau of Investigation. PACER Case Reference. 16-35
- BRIAN KELLY EAGLEMAN, a 53-year-old resident of Box Elder, appeared on charges of income tax evasion and failure to file a currency transaction report. If convicted of the most serious charge contained in the indictment, EAGLEMAN faces 5 years in prison, $250,000 in fines, and 3 years supervised release. The case was investigated by the Internal Revenue Service. PACER Case Reference. 16-41
- VIOLET LYNN EAGLEMAN, a 47-year-old resident of Havre, appeared on charges of income tax evasion and failure to file a currency transaction report. If convicted of the most serious charge contained in the indictment, EAGLEMAN faces 5 years in prison, $250,000 in fines, and 3 years supervised release. The case was investigated by the Internal Revenue Service. PACER Case Reference. 16-41
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Great Falls Man Sentenced for Possession of Child PornRead the Press Release
GREAT FALLS – Cassidy Winters, 29, of Great Falls was sentenced today to 28 months in prison and 10 years’ supervised release for possession of child pornography. Winters will also be required to pay $12,500 in restitution for six victims. Federal District Court Judge Brian M. Morris issued the sentence.
Winters was charged by superseding information on February 17, 2016. In documents filed with the court, Assistant U.S. Attorney Cyndee Peterson stated that, if required to prove its case at trial, the government was prepared to introduce evidence that Winters possessed multiple files containing child pornography between December 2012 and May 2015.
In March 2015, agents for the U.S. Secret Service and the Montana Internet Crimes Against Children Task Force downloaded files from an IP address as part of an online investigation to identify individuals sharing child porn over the Internet using a peer to peer file sharing network. They identified the registered subscriber of the IP address as Winters and obtained a search warrant for his home.
On May 27, 2015, agents served the warrant and seized several computers and digital devices from Winters’ bedroom. The items were forensically analyzed and contained image and video files depicting children engaged in sexually explicit conduct. The agents also recovered search terms connected to the software that indicated Winters had sought out known images and series of child pornography. At the sentencing, a witness testified that Winters had engaged in this criminal conduct for five or six years.
The case was prosecuted by Assistant U.S. Attorney Cyndee Peterson and investigated by the United States Secret Service, the Flathead County Sheriff’s Office, and the Montana Internet Crimes Against Children Task Force.
Two Additional Defendants Arraigned in Connection with Drug Smuggling at Montana State PrisonRead the Press Release
MISSOULA – Rachel Leanna Ross, 25, of Collierville Tennessee, and Lauren J. Hoskins, 26, of Somerville, Tennessee, were arraigned in federal court yesterday on a six-count superseding indictment charging them with various drug distribution crimes.
Ross and Hoskins were the fourth and fifth defendants to be arraigned under the indictment. Three other defendants were arraigned on Tuesday and an additional defendant was arraigned last month under a separate indictment. Both Ross and Hoskins were arraigned on charges of conspiracy to possess with intent to distribute a controlled substance and possession with intent to distribute a controlled substance.
The superseding indictment is the result of an investigation into drug smuggling at the Montana State Prison. The investigation was a cooperative effort between the Federal Bureau of Investigation, the United States Postal Inspector, the Montana Department of Corrections Investigations Division, Montana State Prison Warden Leroy Kirkegard and his staff, and the Montana Division of Criminal Investigations.
An indictment is simply a charging document that initiates formal court proceedings. Ross and Hoskins are presumed innocent of the charges in the superseding indictment unless and until they are found guilty beyond a reasonable doubt at trial.
Lame Deer Man Sentenced to More Than 17 Years in Prison for RapeRead the Press Release
BILLINGS – Olaf James Haugen, 29, of Lame Deer was sentenced today to 210 months in prison and 10 years’ supervised release for rape. Federal District Court Judge Susan P. Watters issued the sentence.
Haugan was convicted of aggravated sexual abuse following a two-day jury trial in Billings in December of 2015. Haugen was indicted by a grand jury in January on the single count of aggravated sexual abuse in January 2015. At trial, the government introduced evidence that Haugen physically and sexually assaulted the victim in August of 2013. A dispute started when the victim confronted Haugen about his drug abuse. Haugen became angry. He threatened to kill the victim with a pocket knife, raped her, hit her several times and bit her on the back. The assault started on the evening of August 31 and continued into the next morning.
The assault was heard by an individual in the adjoining room, but was not reported by that individual. Later, another individual came to the house and overheard the assault continuing. She reported the assault to the BIA and an officer responded to the scene. When the officer arrived, the victim opened a window and asked the officer to help her because Haugen was beating her up. Haugen initially refused to allow the officer into the room and threatened to stab himself, but eventually calmed down and was arrested.
The victim was examined by Indian Health Services after the assault. Her injuries included abrasions and contusions consistent with being struck, a large bite mark on her back and an abrasion on her throat consistent with having a knife held against it. The victim did not initially disclose the rape but was convinced by a family member to do so and reported the rape two days later. Haugen claimed the intercourse was consensual but gave conflicting accounts of the incident at trial and to investigating officers following his arrest.
The case was prosecuted by Assistant U.S. Attorney John Sullivan. The case was investigated by the FBI and the Bureau of Indian Affairs.
Four Men Sentenced for Multi-State Meth Distribution ConspiracyRead the Press Release
HELENA – Ryan Scot Frankforter, 38, of Helena was sentenced to 30 months in prison and 3 years’ supervised release, Deejay Poynter, 37, of East Helena was sentenced to 70 months in prison and 3 years’ supervised release, Calvin Sturdivant Craver, 29, of Dallas, OR was sentenced to 120 months in prison and 5 years supervised release, and Joseph Dean Jayne Jr., 33, of Tucson, AZ was sentenced to 150 months in prison and 5 years’ supervised release. Federal District Court Judge Charles C. Lovell issued the sentences.
All four men were sentenced following an August 2015, eleven-count indictment. Frankforter and Poynter were sentenced for distribution of methamphetamine and Craver and Jayne were sentenced for conspiracy to possess with intent to distribute methamphetamine. In documents filed with the court, Assistant U.S. Attorney Paulette Stewart stated that the government was prepared to show that the four had been involved, in various capacities, in a months-long conspiracy to transport and distribute methamphetamine across state lines.
From approximately December 2014 until May 2015, between 3 and 12 pounds of methamphetamine was transported from Arizona to Montana by Jayne and another co-conspirator and was redistributed by Poynter and Frankforter. In December of 2014, law enforcement purchased various amounts of methamphetamine from Poynter and Frankforter. Both Poynter and Frankforter ultimately admitted to their roles in the sales.
In February of 2015, Craver was arrested in Townsend following a traffic complaint. Following his arrest, a search warrant was executed on his vehicle. Law enforcement seized approximately three ounces of methamphetamine. Craver’s co-defendants told law enforcement that Craver and another co-conspirator had been given approximately 8 ounces of methamphetamine to transport from Arizona to Montana, of which the remaining three ounces were found by law enforcement in Craver’s vehicle.
Also in February of 2015, Jayne supplied a co-conspirator with methamphetamine to transport to Montana. Jayne also personally transported approximately one pound of methamphetamine from Arizona to Montana. Law enforcement saw Jayne in Montana City but he fled before he could be apprehended. Law enforcement obtained a search warrant for Jayne’s vehicle and recovered approximately a pound of methamphetamine. Jayne was subsequently involved in a vehicle pursuit with law enforcement on February 20, 2015. He again fled the scene while a co-conspirator was arrested. A gun was found in their vehicle. After being arrested in Oregon in May 2015, Jayne admitted to his role in the conspiracy and that the gun found in the vehicle was his. Jayne stated that he made three or four trips to Montana transporting one to three pounds of meth on each trip. Jayne stated that approximately one pound of meth originated in Oregon while the rest was transported from Arizona.
This case was investigated by the Missouri River Drug Task Force, the Federal Bureau of Investigation, Homeland Security Investigations, the Drug Enforcement Administration, the Montana Division of Criminal Investigation, the Helena Police Department, and the Lewis and Clark County Sherriff’s Office. The case was prosecuted by Assistant U.S. Attorney Paulette Stewart.
Three Arraigned in Connection with Drug Smuggling at Montana State PrisonRead the Press Release
MISSOULA – Ian Scott Barclay, 28, of Deer Lodge, Cordero Robert Metzker, 28, of Billings, and Erin Marie Bernhardt, 47, of Deer Lodge were arraigned in federal court today on a six-count superseding indictment charging them with various drug distribution crimes.
The charges were as follows: Count I, conspiracy to possess with intent to distribute, and distribution of, controlled substances (methamphetamine and Suboxone); Count II, possession with intent to distribute methamphetamine and Suboxone; and Counts III and IV, possession with intent to distribute methamphetamine. Bernhardt was also charged in Count V with accepting bribes and Barclay was charged in Count VI with giving bribes to Bernhardt. Barclay, Metzker, and Bernhardt pleaded not guilty to all charges against them. Barclay was detained, while Metzker and Bernhardt were released pending trial.
The superseding indictment is the result of an investigation into drug smuggling at the Montana State Prison. The investigation was a cooperative effort between the Federal Bureau of Investigation, the United States Postal Inspector, the Montana Department of Corrections Investigations Division, Montana State Prison Warden Leroy Kirkegard and his staff, and the Montana Division of Criminal Investigations.
An indictment is simply a charging document that initiates formal court proceedings. Barclay, Metzker, and Bernhardt are presumed innocent of the charges in the superseding indictment unless and until they are found guilty beyond a reasonable doubt at trial.
U.S. Fish and Wildlife Service Scuba Diver Sentenced for Abusive Sexual Contact of a SubordinateRead the Press Release
MISSOULA – Lawrence L. Lockard, 67, of Bigfork, was sentenced Friday to 6 months in prison for abusive sexual contact. Chief U.S. District Court Judge Dana Christensen issued the sentence and ordered Lockard to pay $21,872.49 in restitution to the victim. Lockard will also be subject to five years’ supervised release.
Special Assistant U.S. Attorney Adam Duerk stated in court documents that if called upon to prove its case at trial, the United States would have been prepared to show that Lockard had sexually assaulted a co-worker while on a work related field trip. On September 8, 2015, Lockard and two colleagues began a work related SCUBA diving trip at Quartz Lake, in the northwest portion of Glacier National Park. Lockard and a female co-worker slept in a cabin, while the third co-worker slept outside in a tent to avoid disturbing the others with his sleep apnea.
On the second night of the trip, the female co-worker woke to find Lockard in the bed with her, touching her inappropriately and attempting to remove her clothing. The victim immediately got out of bed, and Lockard returned to his bed. The victim informed him the following day that he never had permission to touch her. Lockard admitted he was aware that the victim was wearing earplugs and had taken sleeping medication. He stated on being interviewed by an NPS special agent that he knew what he did was wrong and knew the victim was asleep during his attempted assault.
Lockard was both the victim’s supervisor and 17 years her senior. The sentence was enhanced because Lockard knew at the time that the victim had been drinking, had taken prescription sleep medication, and was asleep wearing earplugs when he initiated contact. The victim testified that she still suffers from fear, anxiety, and sleeplessness as a result of Lockard’s conduct. Judge Christensen ruled that despite the Defendant’s lack of any criminal history, admirable employment record, and good standing in the community, any type of unsolicited sexual contact is absolutely intolerable.
This case was investigated by National Park Service Special Agent Justin Ivary and prosecuted by Special Assistant U.S. Attorney Adam Duerk.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Ostby in Billings on May 9, 2016 and entering pleas of Not Guilty were:
- JAMES EVERETT KAMMINGA, JR., a 33-year-old resident of Billings, appeared on charges of possession with intent to distribute methamphetamine, and distribution of methamphetamine. If convicted of the most serious charges contained in the indictment, KAMMINGA faces life in prison, $10,000,000 in fines, and 5 years supervised release. The case was investigated by the HIDTA Task Force. PACER Case Reference. 16-50
- ZACHARY JAMES LOZIER, a 32-year-old resident of Billings, appeared on charges of illegal receipt of a firearm by a person under indictment, and possession of stolen firearms. If convicted of the most serious charge contained in the indictment, LOZIER faces 10 years in prison, $250,000 in fines, and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 15-67
Appearing before U.S. Magistrate Johnston in Great Falls on May 5, 2016 and entering pleas of Not Guilty were:
- LOIS ANN POTTER, a 57-year-old resident of Box Elder, appeared on charges of harboring a fugitive, and false statements to federal law enforcement. If convicted of the most serious charge contained in the indictment, POTTER faces 5 years in prison, $250,000 in fines, and 3 years supervised release. The case was investigated by the United States Marshals Service. PACER Case Reference. 16-29
Appearing before U.S. Magistrate Johnston in Great Falls on May 3, 2016 and entering pleas of Not Guilty were:
- SHELLY DAWN PYEATT a 46-year-old resident of Melrose, appeared on charges of misappropriation of postal funds, and issuance of money orders without payments. If convicted of the most serious charge contained in the indictment, PYEATT faces 10 years in prison, $250,000 in fines, and 3 years supervised release. The case was investigated by the United States Postal Service Office of Inspector General. PACER Case Reference. 16-13
Appearing before U.S. Magistrate Ostby in Billings on April 29, 2016 and entering pleas of Not Guilty were:
- RANDY SCOTT LAEDEKE, a 59-year-old resident of Billings, appeared on charges of wire fraud. If convicted of the charge contained in the indictment, LAEDEKE faces 20 years in prison, $250,000 in fines, and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 16-33
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Browning Man Convicted of AssaultRead the Press Release
GREAT FALLS – Yesterday, Seivert Daydrill Running Crane, 30, of Browning, was convicted of assault resulting in serious bodily injury. Running Crane was convicted by a Great Falls jury following a two-day trial. U.S. District Court Judge Brian Morris presided over the trial. Sentencing has been set for August 18, 2016.
Eye witnesses testified that on May 29, 2015, the victim in the case was in a fight with Running Crane’s co-defendant. Running Crane joined the altercation by punching the victim in the back of the head causing the victim to lose consciousness and fall to the ground in a sitting position. According to one witness, Running Crane then kicked the victim in the face “like a football.” Multiple witnesses testified that after the victim fell to the ground, both Running Crane and his co-defendant continued to punch and kick the victim in the head.
The victim was transported to the emergency room in Browning, Montana and then was life-flighted to Kalispell for additional treatment. The victim suffered bleeding inside his brain, facial contusions and lacerations, and a hemorrhage in his left eye. The victim remained in the ICU for two days. The victim testified at trial that he continues to suffer from dizzy spells and flashes on the sides of his eyes.
This case was investigated by the Blackfeet Law Enforcement and the FBI. The case was prosecuted by Assistant United States Attorneys Danna Jackson and Jeffrey Starnes.
Great Falls Man Sentenced for Theft from MalmstromRead the Press Release
GREAT FALLS – John Edmonston, 54, of Great Falls, was sentenced yesterday for conspiracy to defraud the United States. Edmonston, a civilian, and at least three other individuals (all enlisted in the United States Air Force) were part of a scheme to take equipment and tools from Malmstrom Air Force Base in Great Falls, Montana. They would either purchase items directly for themselves or they would take items previously purchased. Edmonston was sentenced to five years probation and ordered to pay restitution of $5,523.65 to Malmstrom Air Force Base. U.S. District Court Judge Brian Morris presided over the sentencing.
In documents filed with the Court, the United States Attorney’s Office outlined the proof against Edmonston. Edmonston was the Vehicle Management Flight Chief for the 341st Logistics Readiness Squadron (341 LRS). He is a twenty-year Air Force veteran and served as the chief in this squadron as a civilian. Air Force Office of Special Investigations (OSI) had been contacted by a witness who reported seeing improper purchases using Government Purchase Cards (GPC Cards) or taking items previously purchased with United States Air Force funds. Edmonston was an “approving official” for the GPC cards, therefore, items within the 341 LRS were purchased with his approval and knowledge, even if items purchased with GPC Cards were issued to other individuals within the squadron.
The OSI obtained copies of government emails between Edmonston and other individuals sent between August 2014 and January 2015. The emails revealed the extent of Edmonston’s direction and involvement. For example, Edmonston directed subordinates to purchase improper items with GPCs. In one email, Edmonston instructed a subordinate, in reference to an incoming purchase, this is “[s]tuff to stash in back once it rolls in” and the “[l]east amount of people seeing the better.” In a later email, Edmonston acknowledged mistakenly having the improperly purchased items delivered to the 341 LRS.
Law enforcement conducted a search of Edmonston’s residence in June 2015. Law enforcement seized items previously purchased with United States Air Force funds. A subsequent search of a co-conspirator’s residence also led to the discovery of improperly purchased items.
This case was investigated by Homeland Security Investigations and Air Force Office of Special Investigations and prosecuted by the United States Attorney’s Office.
Man Convicted of Sexually Abusing a Child in 1990sRead the Press Release
BILLINGS – George Chad Deputee, 42, of Crow Agency, was convicted of aggravated sexual abuse and abusive sexual contact of a child yesterday following a three-day jury trial. U.S. District Court Judge Susan Watters presided over the trial. A date for sentencing has not been set.
Deputee was initially indicted in March 2015 for aggravated sexual abuse and abusive sexual contact of a child. A superseding indictment was returned by a grand jury in November 2015. It alleged that the sexual abuse occurred between April 1992—when Deputee turned 18 years old—and December 1997.
At trial, the government introduced evidence that Deputee sexually abused two girls starting in 1989. In August of 2012, the victim’s sister reported to BIA law enforcement that Deputee molested her in the late-1980s when she was approximately five years old. She told authorities the abuse had occurred frequently, both day and night, while Deputee was living with her family in Lodge Grass. Deputee was approximately 18 years old at the time. The victim’s mother remembered waking up to hear someone running out of her children’s room.
The victim’s sister also informed the BIA that Deputee had sexually abused her younger sister (the victim) sometime later. Both women testified at trial. They explained how Deputee had sexually abused and molested them when they were young girls. All of the instances of abuse occurred in Lodge Grass, Montana on the Crow Indian Reservation, where Deputee and both victims were living during the relevant time period.
The FBI interviewed Deputee in October 2012. Deputee denied that he had ever abused anyone. During his interview, Deputee initially omitted any account of having lived with the victim’s family during the time the abuse took place. When challenged, Deputee ultimately admitted that he had lived with the victim’s family but stated that the victim had not yet been born at the time. Later in the interview, however, he drew a diagram of the residence, marking one of the bedrooms with the victim’s name on it.
Deputee also testified at trial. On the witness stand, he claimed that he was living in North Dakota when the abuse occurred. He stated under oath that he only returned to Montana on two occasions between 1989 and 1993 – the relevant time frame. To rebut this alibi, the prosecution introduced a number of documents that placed Deputee in Lodge Grass for medical appointments on far more than two occasions during that time period.
At trial, the United States also moved to introduce evidence of other sexual assaults committed by Deputee, namely on the victim’s older sister. Both girls (now grown) recounted nearly identical, and protracted, periods of abuse by Deputee. Deputee consistently and repeatedly molested both girls from the time they were about five years old until they were nine or ten. The type and frequency of abuse reported by both girls was substantially the same. Deputee began abusing the victim referenced in the Indictment shortly after he stopped abusing her older sister. The government successfully argued that introduction of this evidence was necessary to corroborate the victim’s account, given the long period of time since the abuse had taken place.
The case was investigated by the FBI and BIA and prosecuted by Assistant U.S. Attorney John Sullivan and Special Assistant U.S. Attorney Adam Duerk.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Ostby in Billings on April 28, 2016 and entering pleas of Not Guilty were:
- TAWNYA BEARCOMESOUT, a 39-year-old resident of Lame Deer, appeared on charges of voluntary manslaughter, and involuntary manslaughter. If convicted of the most serious charge contained in the indictment, BEARCOMESOUT faces 15 years in prison, $250,000 in fines, and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 16-13
Appearing before U.S. Magistrate Ostby in Billings on April 26, 2016 and entering pleas of Not Guilty were:
- DUANE TIMOTHY SMITH, a 34-year-old resident of Billings, appeared on charges of conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, possession of a firearm in furtherance of a drug trafficking crime, and possession of a firearm not registered in National Firearms Registration and Transfer Record. If convicted of the most serious charges contained in the indictment, SMITH faces life in prison, $10,000,000 in fines, and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 16-46
- THOMAS DEAN SMITH, a 42-year-old resident of Billings, appeared on charges of conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, felon in possession of a firearm, and possession of a firearm in furtherance of a drug trafficking crime. If convicted of the most serious charges contained in the indictment, SMITH faces life in in prison, $10,000,000 in fines, and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 16-46
Appearing before U.S. Magistrate Johnston in Great Falls on April 25, 2016 and entering pleas of Not Guilty were:
- RAFAEL RAMOS-ROMERO, a 29-year-old resident of Mexico, appeared on charges of illegal reentry. If convicted of the charge contained in the indictment, RAMOS-ROMERO faces 10 years in prison, $250,000 in fines, and 3 years supervised release. The case was investigated by the Department of Homeland Security. PACER Case Reference. 16-14
- RYAN JASON TATSEY, a 31-year-old resident of Spokane, Washington, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, and distribution of methamphetamine. If convicted of the most serious charges contained in the indictment, TATSEY faces life in prison, $10,000,000 in fines, and 5 years supervised release. The case was investigated by the Bureau of Indian Affairs, Drug Enforcement Administration and Glacier County Sheriff’s Office. PACER Case Reference. 16-16
Appearing before U.S. Magistrate Ostby in Billings on April 25, 2016 and entering pleas of Not Guilty were:
- PEDRO CARRASCO, JR., a 33-year-old resident of Billings, appeared on charges of conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine, felon in possession of a firearm, possession of a firearm in furtherance of a drug trafficking crime, and conspiracy to commit money laundering. If convicted of the most serious charges contained in the indictment, CARRASCO faces life in prison, $10,000,000 in fines, and 5 years supervised release. The case was investigated by the Drug Enforcement Administration. PACER Case Reference. 16-41
- MATTHEW DENNIS COZZENS, a 32-year-old resident of Billings, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, COZZENS faces life in prison, $10,000,000 in fines, and 5 years supervised release. The case was investigated by the Drug Enforcement Administration. PACER Case Reference. 16-43
- JOSHUA DON RAY, a 37-year-old resident of Ashland, appeared on charges of distribution of methamphetamine, and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, RAY faces 20 years in prison, $1,000,000 in fines, and 3 years supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference. 16-47
- GEORGIA ANN WILSON, a 40-year-old resident of Ashland, appeared on charges of distribution of methamphetamine, and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, WILSON faces 20 years in prison, $1,000,000 in fines, and 3 years supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference. 16-47
- TROY DEE WILSON, a 21-year-old resident of Ashland, appeared on charges of distribution of methamphetamine. If convicted of the most serious charge contained in the indictment, WILSON faces 20 years in prison, $1,000,000 in fines, and 3 years supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference. 16-47
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Montana U.S. Attorney's Office Announces Reentry Week Events as Part of DOJ "Roadmap to Reentry"Read the Press Release
HELENA – The U.S. Attorney’s Office for the District of Montana will participate in a reentry training event at the Montana State Prison in Deer Lodge today, as part of the Department of Justice’s national reentry week events. The event will be one of more than 500 reentry week events across the nation, promoting the importance of reentry issues.
President Obama kicked off reentry week events on Saturday with remarks that stressed the economic and societal costs of high rates of incarceration and the importance of investing in alternatives to prison such as drug courts and mental health treatment. On Monday, Attorney General Loretta Lynch announced the “Roadmap to Reentry,” the Department’s comprehensive vision to reduce recidivism through reentry reforms at the Federal Bureau of Prisons (BOP). The initiative is intended to respond to the needs of more than 600,000 citizens who return to neighborhoods and communities after serving time in federal and state prisons.
The principles Attorney General Lynch outlined in the “Roadmap to Reentry” are aligned with the work of the Federal Interagency Reentry Council, which has been working for the past five years to reduce recidivism and improve employment, education, housing, health and child welfare outcomes. These principles include the formulation of individualized reentry plans; educational, employment, life skills, and substance abuse programs during incarceration; resources to maintain and build family relationships for inmates while incarcerated; establishment of halfway house and supervised release programs that cater to the needs of individuals; and the provision of comprehensive reentry-related information and resources necessary for former offenders to succeed as citizens.
Thursday’s event is a combined effort that will include a presentation by the Montana U.S. Attorney’s Office Reentry Coordinator, Michael Lahr; the American Indian Liaison for the Montana Department of Corrections, Harlan Trombley; and the Vice-President of the Northern Cheyenne Tribe, Winfield Russell, as well as Reentry Specialist Jim Pagels of the Montana Department of Corrections. The presentation to the inmates will focus on federal firearms laws and address general reentry issues. The Northern Cheyenne Vice-President, the DOC American Indian Liaison and the USAO Reentry Coordinator will also meet with prison officials regarding reentry efforts with a particular focus on Native American inmates.
This event follows a Tribal Reentry Training held on March 29 and 30, 2016, and co-hosted by the Montana U.S. Attorney’s Office and the Tribal Defenders Holistic Defense Program of the Confederated Salish and Kootenai Tribes (CSKT) on the Flathead Indian Reservation. The training included presentations by members of the Muscogee (Creek) Nation Reintegration Program, which is considered a model for effective reentry programs, presentations by the CSKT Tribal Defenders on the Flathead reentry program, which is currently under development, and presentations from the Montana Department of Corrections Staff about the Montana Reentry Task Force. The program concluded with a presentation by the United States Probation Office on reentry issues from the federal perspective.
Following that training, U.S. Attorney Michael Cotter met with United States District Court Judge Brian Morris on April 6, 2016 to discuss expanding reentry efforts by the courts. Judge Morris invited U.S. Attorney Cotter to provide him with information about reentry initiatives in Montana and across the country with the goal of integrating reentry concepts into judicial practices. Some of the topics discussed included special courts, including drug and veterans courts, along with mentoring and training programs. The high recidivism rate of Native Americans was also a major topic as Judge Morris handles cases involving four of Montana’s seven Indian reservations.
“Successful reentry is a critical issue both on and off of Montana’s reservations,” said U.S. Attorney Mike Cotter. “The Department of Justice has made clear through its ‘Roadmap to Reentry’ initiative that our approach must be holistic, rather than focused merely on prosecution of offenders. It is in the best interests of federal, tribal, state, and local governments to ensure that offenders who have paid their debt to society are given a meaningful opportunity to rebuild their lives and participate in their communities. This Office’s reentry efforts, with the help of our tribal and state partners, are a critical part of that initiative.”
The “Roadmap to Reentry” initiative can also be seen as an extension of former Attorney General Eric Holder’s Smart on Crime Initiative. While Smart on Crime looks to change policies to reduce incarceration rates and reserve BOP resources for the most hardened criminals, Attorney General Lynch is looking to advance target programs while individuals are in prison so that they are more productive when they return to their communities and are less likely to reoffend. More information on DOJ’s reentry week programs and the “Roadmap to Reentry” can be found at: https://www.justice.gov/reentry.
Lame Deer Man Convicted of Assault and StrangulationRead the Press Release
BILLINGS – Leon Seminole, 58, of Lame Deer, was convicted of assault and strangulation for punching and attempting to strangle a female victim. Seminole was convicted yesterday by a Billings jury following a two-day trial. U.S. District Court Judge Susan Watters presided over the trial. Sentencing has been set for August 31, 2016.
In documents filed with the Court, The United States Attorney’s Office outlined the proof presented at trial. On August 17, 2014, Seminole punched, kicked, and attempted to strangle the victim. The victim was able to escape from Seminole. After the assault, one of the victim’s family members attempted to confront Seminole, but Seminole had a gun in his hand and the family member retreated.
Witnesses testified that the victim’s face was red and swollen and she looked like she had been beaten up. Medical evidence presented at trial documented that the victim had suffered multiple contusions to her head and face. Both eyes were swollen and one was swollen shut. The victim had a broken tooth, which she said had been broken as she struggled with Seminole. Photos taken by the BIA officer present when the victim was seen at Indian Health Services showed substantial swelling and various other injuries.
This case was investigated by the Bureau of Indian Affairs and prosecuted by the United States Attorney’s Office.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Lynch in Missoula on April 21, 2016 and entering pleas of Not Guilty were:
- CHRISTOPHER CONVERSE HARLING, of Missoula, appeared on charges of receipt of child pornography. If convicted of the charge contained in the indictment, HARLING faces 20 years in prison, $250,000 in fines, and lifetime supervised release. The case was investigated by the Internet Crimes Against Children Task Force, Montana Division of Criminal Investigation and Missoula Police Department. PACER Case Reference. 16-18
Appearing before U.S. Magistrate Johnston in Great Falls on April 19, 2016 and entering pleas of Not Guilty were:
- FX DRILLING COMPANY, of Shelby, appeared on charges of negligent discharge of oil into waters of the United States in a quantity that may be harmful. If convicted of the charge contained in the indictment, FX DRILLING COMPANY faces 5 years in prison, $500,000 in fines, and 1 year supervised release. The case was investigated by the Environmental Protection Agency. PACER Case Reference. 16-20
- ERIC J. MARTELL, a 44-year-old resident of Wolf Point, appeared on charges of obstruction of the mail. If convicted of the charge contained in the indictment, MARTELL faces 6 months in prison and $5,000 in fines. The case was investigated by the United States Postal Service Office of Inspector General. PACER Case Reference. 16-02
Appearing before U.S. Magistrate Johnston in Great Falls on April 13, 2016 and entering pleas of Not Guilty were:
- JACQUELINE MARIE KIRKALDIE, a 29-year-old resident of Harlem, appeared on charges of possession with intent to distribute methamphetamine, and possession of a firearm in furtherance of a drug trafficking crime. If convicted of the most serious charge contained in the indictment, KIRKALDIE faces life in prison, $10,000,000 in fines, and 5 years supervised release. The case was investigated by the Drug Enforcement Administration. PACER Case Reference. 16-32
Appearing before U.S. Magistrate Ostby in Billings on April 13, 2016 and entering pleas of Not Guilty were:
- DAVID LAWRENCE SCHEIN, a 59-year-old resident of Billings, appeared on charges of conspiracy to manufacture methamphetamine, possession with intent to distribute methamphetamine, and manufacturing methamphetamine. If convicted of the most serious charges contained in the indictment, SCHEIN faces 20 years in prison, $1,000,000 in fines, and 4 years supervised release. The case was investigated by the Bureau of Land Management. PACER Case Reference. 16-39
Appearing before U.S. Magistrate Ostby in Billings on April 12, 2016 and entering pleas of Not Guilty were:
- MATTHEW STONEY OLSON, a 37-year-old resident of Circle, appeared on charges of receipt of child pornography, and possession of child pornography. If convicted of the most serious charge contained in the indictment, OLSON faces 20 years in prison, $250,000 in fines, and lifetime supervised release. The case was investigated by the Homeland Security Investigations and Montana Division of Criminal Investigation. PACER Case Reference. 16-30
Appearing before U.S. Magistrate Johnston in Great Falls on April 11, 2016 and entering pleas of Not Guilty were:
- CLIFFORD AIMSBACK, a 21-year-old resident of Browning, appeared on charges of assault resulting in serious bodily injury and assault with a dangerous weapon. If convicted of the most serious charge contained in the indictment, AIMSBACK faces 10 years in prison, $250,000 in fines, and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 16-33
- CHRISTIE MARIE FARMER, a 37-year-old resident of Browning, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, and distribution of methamphetamine. If convicted of the most serious charges contained in the indictment, FARMER faces 20 years in prison, $1,000,000 in fines, and 3 years supervised release. The case was investigated by the Bureau of Indian Affairs, Drug Enforcement Administration and Federal Bureau of Investigation. PACER Case Reference. 16-28
- THOMAS BLACKFACE GRANT, a 67-year-old resident of Heart Butte, appeared on charges of aggravated sexual abuse. If convicted of the most serious charge contained in the indictment, GRANT faces life in prison, $250,000 in fines, and lifetime supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference. 16-34
- JOHN ALVIN HODSON, a 44-year-old resident of Browning, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, and distribution of methamphetamine. If convicted of the most serious charges contained in the indictment, HODSON faces life in prison, $10,000,000 in fines, and 5 years supervised release. The case was investigated by the Bureau of Indian Affairs, Drug Enforcement Administration and Federal Bureau of Investigation. PACER Case Reference. 16-25
- JOSIE MARIE MAFFITT, a 38-year-old resident of Great Falls, appeared on charges of possession with intent to distribute methamphetamine, and distribution of methamphetamine. If convicted of the most serious charges contained in the indictment, MAFFITT faces 40 years in prison, $5,000,000 in fines, and 4 years supervised release. The case was investigated by the Drug Enforcement Administration. PACER Case Reference. 16-31
- LAVONNIE JEAN MCMANUS, a 39-year-old resident of Hungary Horse, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, and distribution of methamphetamine. If convicted of the most serious charges contained in the indictment, MCMANUS faces 20 years in prison, $10,000,000 in fines, and 5 years supervised release. The case was investigated by the Bureau of Indian Affairs, Drug Enforcement Administration, and Federal Bureau of Investigation. PACER Case Reference. 16-26
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Scobey Man Sentenced to Nine Years for Raping Woman in Wolf PointRead the Press Release
GREAT FALLS - Joseph Dean Lee, 27, of Scobey, was sentenced for assault with the intent to commit aggravated sexual abuse and assault with the intent to commit abusive sexual contact on April 19, 2016. Lee was convicted following a jury trial in January. U.S. District Court Judge Brian M. Morris sentenced Lee to 110 months of imprisonment, three years of supervised release, and a $200 special assessment.
In documents filed with the Court, Assistant U.S. Attorney Ryan Weldon outlined the proof presented at trial. On January 28, 2015, at approximately 3:00 a.m., the victim called 911 while she was being raped. The 911 operator heard the victim begging Lee to stop, telling Lee to quit “choking” her, and stating that Lee “ripped” her pants down. The 911 operator immediately dispatched law enforcement to a rape in progress. Lee released the victim, and law enforcement found Lee in the victim’s bed after arriving on scene. When interviewed at the police station, Lee claimed that he never touched the victim. Law enforcement swabbed Lee’s penis, and it showed that, to a reasonable degree of scientific certainty, the foreign DNA on Lee’s penis was the victim’s DNA.
Because there is no parole in the federal system, the truth in sentencing guidelines mandate that Lee will likely serve all of the time imposed by the court. In the federal system, Lee 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.
This case was investigated by the Federal Bureau of Investigation and the Fort Peck Tribe.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Ostby in Billings on April 6, 2016 and entering pleas of Not Guilty were:
- FRANK E. BARNES, a 35-year-old resident of Billings, appeared on charges of felon in possession of a firearm. If convicted of the charge contained in the indictment, BARNES faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 16-25
- DARRELL DUANE BAUMGARTNER, a 43-year-old resident of Billings, appeared on charges of possession with intent to distribute methamphetamine, and distribution of methamphetamine. If convicted of the most serious charge contained in the indictment, BAUMGARTNER faces 40 years in prison, $5,000,000 in fines and 4 years supervised release. The case was investigated by the FBI Task Force. PACER Case Reference. 16-31
- ROPER RAY BLANKENSHIP, a 22-year-old resident of Miles City, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, and possession of a firearm in furtherance of a drug trafficking crime. If convicted of the most serious charges contained in the indictment, BLANKENSHIP faces life in prison, $5,000,000 in fines and 5 years supervised release. The case was investigated by the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 16-07
- DERRICK LEE DEAN MOORE, a 31-year-old resident of Cartwright, North Dakota, appeared on charges of unlawful possession of a firearm and possession of a firearm by a person under a domestic order. If convicted of the most serious charge contained in the indictment, MOORE faces 10 years in prison, $250,000 in fines and 3years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 16-17
Appearing before U.S. Magistrate Ostby in Billings on April 5, 2016 and entering pleas of Not Guilty were:
- ANTJUAN MARIO BROWN, a 44-year-old transient, appeared on charges of failure to register as a sex offender. If convicted of the charge contained in the indictment, BROWN faces 10 years in prison, $250,000 in fines and lifetime supervised release. The case was investigated by the United States Marshals Service. PACER Case Reference. 16-08
- JONATHAN GRIMALDO CASTRO, a 23-year-old resident of Billings, appeared on charges of felon in possession of a firearm. If convicted of the charge contained in the indictment, CASTRO faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 15-120
Appearing before U.S. Magistrate Lynch in Missoula on April 5, 2016 and entering pleas of Not Guilty were:
- CHRISTOPHER ISSAC COX, a 25-year-old resident of Butte, appeared on charges of felon in possession of a firearm and possession of stolen firearms. If convicted of the most serious charge contained in the indictment, COX faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 16-07
Appearing before U.S. Magistrate Johnston in Great Falls on April 5, 2016 and entering pleas of Not Guilty were:
- JASON CHAULK, a 40-year-old resident of Columbia Falls, appeared on charges of theft of government property. If convicted of the charge contained in the information, CHAULK faces 1 year in prison, $100,000 in fines and 1 year supervised release. The case was investigated by the National Park Service. PACER Case Reference. 16-13
Appearing before U.S. Magistrate Ostby in Billings on March 31, 2016 and entering pleas of Not Guilty were:
- SHAWNA RAE WILSON, a 36-year-old resident of Garryowen, appeared on charges of assault with a dangerous weapon and use and discharge of a firearm during and in relation to a crime of violence. If convicted of the most serious charge contained in the indictment, WILSON faces life in prison, $250,000 in fines and 5 years supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference. 16-36
Appearing before U.S. Magistrate Johnston in Great Falls on March 31, 2016 and entering pleas of Not Guilty were:
- SUNDOWN WILLIAM NELSON, a 38-year-old resident of Great Falls, appeared on charges of conspiracy to possess with intent to distribute and to distribute methamphetamine, and possession with intent to distribute methamphetamine. If convicted of the charge contained in the indictment, NELSON faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Homeland Security Investigations and Russell Country Drug Task Force. PACER Case Reference. 16-23
Appearing before U.S. Magistrate Johnston in Great Falls on March 29, 2016 and entering pleas of Not Guilty were:
- BRIAN KELLY EAGLEMAN, a 53-year-old resident of Box Elder, appeared on charges of conspiracy to defraud the Chippewa Cree Tribe, scheme to defraud the Chippewa Cree Tribe/wire, and theft from and Indian tribal organization. If convicted of the most serious charges contained in the indictment, EAGLEMAN faces 20 years in prison, $250,000 in fines and years supervised release. The case was investigated by the U.S. Department of Interior Office of Inspector General, U.S. Department of Health and Human Service Office of Inspector General, Internal Revenue Service, and the Federal Bureau of Investigation. PACER Case Reference. 16-22
- KEVIN DAVID McGOVERN, a 46-year-old resident of Billings, appeared on charges of conspiracy to defraud the Chippewa Cree Tribe, scheme to defraud the Chippewa Cree Tribe/wire, and bribery/offering. If convicted of the most serious charges contained in the indictment, McGOVERN faces 20 years in prison, $250,000 in fines and years supervised release. The case was investigated by the U.S. Department of Interior Office of Inspector General, U.S. Department of Health and Human Service Office of Inspector General, Internal Revenue Service, and the Federal Bureau of Investigation. PACER Case Reference. 16-22
Appearing before U.S. Magistrate Lynch in Missoula on March 29, 2016 and entering pleas of Not Guilty were:
- NICHOLAS RICHARD AXELBERG, a 36-year-old resident of Lakeside, appeared on charges of conspiracy to distribute methamphetamine, possession with intent to distribute methamphetamine, and distribution of methamphetamine. If convicted of the most serious charges contained in the indictment, AXELBERG faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Missoula HIDTA and the Drug Enforcement Administration. PACER Case Reference. 16-11
Appearing before U.S. Magistrate Ostby in Billings on March 28, 2016 and entering pleas of Not Guilty were:
- WENDY REINHOLZ, a 59-year-old resident of Molt, appeared on charges of misappropriation of postal funds. If convicted of the charge contained in the indictment, REINHOLZ faces 10 year in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the U.S. Postal Service Office of Inspector General. PACER Case Reference. 16-20
Appearing before U.S. Magistrate Johnston in Great Falls on March 24, 2016 and entering pleas of Not Guilty were:
- AARON DOUGLAS WILCOX, a 44-year-old resident of Great Falls, appeared on charges of conspiracy to possess with intent to distribute and to distribute methamphetamine, and possession with intent to distribute methamphetamine. If convicted of the charge contained in the indictment, WILCOX faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Homeland Security Investigations and Russell Country Drug Task Force. PACER Case Reference. 16-23
Appearing before U.S. Magistrate Ostby in Billings on March 24, 2016 and entering pleas of Not Guilty were:
- JESSE MARIO GONZALEZ, a 38-year-old resident of Billings, appeared on charges of prohibited person in possession of a firearm. If convicted of the charge contained in the indictment, GONZALEZ faces 10 year in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 16-32
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Basin Man Convicted of Clean Water Act Violations and Destruction of US PropertyRead the Press Release
MISSOULA – Following a four day federal trial, a Montana jury found Joseph David Robertson, 77, guilty on two counts of unauthorized discharge of pollutants into waters of the United States and one count of injury or depredation of United States property.
Robertson was indicted by a grand jury in May of 2015 as a result of illegal ponds he built on two parcels of land near Basin, Montana, one on Beaverhead-Deerlodge National Forest land and the other on adjacent private property. The ponds resulted in the discharge of dredged and fill material into a tributary stream and adjacent wetlands and caused widespread damage to both properties.
At trial, the government introduced evidence that in October of 2013, a United States Forest Service (USFS) Special Agent visited the National Forest property to determine whether Robertson had complied with previously issued conditions of probation for misdemeanor violations of USFS regulations. The Agent testified at trial that during the site visit, she observed multiple ponds dug into an existing stream on both USFS and adjacent private property.
During a subsequent site visit in November of 2013, Robertson admitted to Environmental Protection Agency (EPA) and USFS Criminal Special Agents that he had performed the work on the National Forest property using an excavator. State and federal officials visited the site again in May of 2014, and observed that Robertson had done additional work. The site was now approximately 1.2 acres in size, and extended beyond the National Forest property to a private property that he did not own. The work consisted of nine ponds of varying sizes, including some as large as approximately 4900 square feet that were placed directly in the stream and wetlands area. Unconsolidated dredged material from the ponds had been used to create the berms and had been placed in and around the stream and wetlands. Robertson admitted that he had completed the additional work. Additional investigation revealed that Robertson continued to construct ponds on the USFS property after May of 2014, despite being told repeatedly that he had no legal right to do so.
One of the central legal issues at trial was whether the waters polluted by Robertson were “waters of the United States” for purposes of the Clean Water Act. The United States introduced evidence and expert testimony from the Army Corps of Engineers and the EPA that the stream and wetlands had a significant nexus to traditional navigable waters, and therefore were “waters of the United States.” Fishery biologists from the Montana Fish, Wildlife and Parks (FWP) and the USFS testified that this headwater and wetland complex provided critical support to trout in downstream rivers and fisheries, including the Boulder and Jefferson Rivers.
“This verdict sends a message that the United States will not stand by and allow streams and wetlands of the United States to be polluted, or National Forest lands to be injured,” said United States Attorney for the District of Montana Mike Cotter. “Clean and healthy waterways are a critical resource for all forms of life and are a Montana value. It is imperative that we protect this increasingly scarce resource. The collaborative efforts of multiple state and federal agencies in cases like this help ensure that individuals who seek to degrade it will be held accountable.”
“Rivers, streams and wetlands provide essential habitat for fish and wildlife which must be protected, and EPA and its law enforcement partners are committed to protecting these invaluable natural assets as well as the communities around them,” said Jeffrey Martinez, Special Agent in Charge of EPA’s criminal enforcement program in Montana. “The defendant’s illegal activity took place not only on public land but also on private property he didn’t own. Today’s guilty verdict demonstrates that polluters will be held accountable for their actions."
The case was prosecuted by Assistant U.S. Attorney Bryan Whittaker and Special Assistant U.S. Attorney Eric Nelson from the United States Environmental Protection Agency. This case was investigated by multiple state and federal agencies including the United States Forest Service, the Environmental Protection Agency Criminal Investigation Division, the Army Corps of Engineers, and the Jefferson County Sheriff’s Office. Other agencies that assisted the investigation included Montana Fish, Wildlife and Parks and the Jefferson Valley Conservation District.
Stevensville Man Convicted of Manufacturing and Dealing Firearms Without a LicenseRead the Press Release
MISSOULA – Following a three day federal trial, a Montana jury found Kyle Robert Wick, 31, of Stevensville, guilty of manufacturing and dealing in firearms without a license. The charges stemmed from Wick’s advertisement and sale of “Uzi parts kits” on a gun sale website. Sentencing has been set for July 22, 2016.
Wick was originally indicted by a grand jury in October of 2015, for transfer of firearms not registered in the National Firearms Registration and Transfer Record. A superseding indictment containing additional counts, including manufacturing and dealing firearms without paying tax, registering as a dealer, or having a license, was filed in March 2016. The Jury acquitted on counts related to transfer of unregistered firearms and failing to pay tax or register as a dealer, but found Wick guilty of dealing firearms without a license.
At trial, the government introduced evidence that in April of 2013, agents with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), found an advertisement for an “Uzi parts kit” for sale on the website gunbroker.com. In May of 2013, a confidential informant made contact with the seller, who was located in Stevensville, Montana. The seller identified himself as Kyle Wick. The informant purchased an Uzi parts kit from Wick for $1,200. Wick explained to the informant how to machine the parts to assemble them as a semi-automatic weapon.
The parts kit was turned over to ATF. An ATF officer was able to reassemble the parts into a functioning machinegun configuration. The ATF conducted a search for Kyle Robert Wick in the National Firearms Registration and Transfer Record (NFRTR), and failed to locate his name. The Uzi parts kit likewise was not registered with the NFRTR. ATF agents conducted a search of Wick’s Stevensville residence in March of 2014 and seized firearms parts and computers.
The agents interviewed Wick during the search of his residence. Wick said that he had conducted sales on gunbroker.com for approximately four years. He acknowledged that he did not have a license to manufacture firearms or machineguns. He stated that he had sold “at least several dozen” Uzi parts kits in addition to the one purchased by the informant. He said that he did all of the welding work in his garage. The ATF recovered numerous additional kits that Wick had sold online, which contained parts capable of assembling semi-automatic or fully automatic machineguns. Wick did not possess a license to manufacture or deal in firearms as required by the Gun Control Act of 1968.
“The US Department of Justice is dedicated to enforcing our existing gun laws and to ensuring that gun sales are conducted only by reputable dealers in compliance with the law,” said U.S. Attorney Michael Cotter. “The Jury’s verdict in this case reinforces the truth that nobody is above these laws, and that individuals like Mr. Wick, who attempt to circumvent them, will be held accountable.”
“Wick intentionally bypassed federal regulations by manufacturing and dealing firearms without a license,” said ATF Special Agent in Charge Ken Croke. “These federal firearms regulations were enacted to protect American citizens by restricting criminals’ access to guns and assisting law enforcement investigations related to violent gun crime.”
The case was prosecuted by Assistant U.S. Attorney Paulette Stewart and Special Assistant U.S. Attorney Adam Duerk. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives.
Montana U.S. Attorney's Office and Confederated Salish and Kootenai Tribal Defenders Program to Host Offender Reentry TrainingRead the Press Release
PABLO – The U.S. Attorney’s Office for the District of Montana and the Tribal Defenders Holistic Defense Program of the Confederated Salish and Kootenai Tribes (CSKT) will present a training on offender reentry issues on March 29 and 30, 2016, on the campus of the Salish Kootenai College in Pablo, Montana. The program is titled “Reentry in Tribal Communities” and will focus on the difficulties faced by Native American offenders returning to their communities following incarceration in state and federal prison facilities.
The training is in keeping with efforts in recent years by both the State of Montana and the US Department of Justice to reduce the rate of recidivism and promote successful reintegration into society for individuals who have been incarcerated. The goal of such efforts is to break the cycle of incarceration that is too prevalent in both tribal and non-tribal communities. A critical step towards accomplishing that goal is to address the many obstacles to successful reentry that offenders face following their release. The speakers bring a broad range of knowledge and expertise on how to navigate those obstacles.
The focal point of Day One of the training will be presentations by members of the Muscogee (Creek) Nation Reintegration Program, which has received national recognition and is considered a model for effective reentry programs. The second day will begin with a presentation on historical trauma by University of Montana professor Dr. Gyda Swaney, followed by a presentation by the CSKT Tribal Defenders on the Flathead reentry program, which is currently under development. Their program includes work programs for returning offenders, reentry intake and assessment tools, mental health issues for reentering adults, and the collateral consequences of convictions and special legal issues faced by those returning to the community after incarceration. Day two will also include presentations from Montana Department of Corrections staff. They will discuss the accomplishments of the Montana Reentry Task Force, and the resources available through the Task Force.
“This training reflects a concerted federal, tribal, and state effort to reduce recidivism and promote successful offender reintegration into our tribal communities,” said U.S. Attorney for the District of Montana Mike Cotter. “The diverse range of expertise possessed by the presenters represents a unique opportunity to share and exchange experience and knowledge about successful reentry techniques both on and off the reservation. By continuing to work cooperatively and to share our accumulated knowledge, we can facilitate successful reentry in all Montana communities.”
“This training will give a perspective regarding the circumstances of reentry in a tribal community, said Ann Sherwood, Managing Attorney for the CSKT Tribal Defenders. “We also hope to begin a discussion regarding better ways for the criminal justice system to address mental health and addiction issues in order to reduce recidivism.”
The Training will take place at the Johnny Arlee and Victor Charlo Theatre on the Salish Kootenai Campus.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Lynch in Missoula on March 23, 2016 and entering pleas of Not Guilty were:
- GEORGE GERALDO a 42-year-old resident of Las Vegas, Nevada, appeared on charges of conspiracy to distribute methamphetamine, and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, GERALDO faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 16-15
- JAMIE RYAN MISCAMPBELL a 31-year-old resident of Kila, appeared on charges of conspiracy to distribute methamphetamine, possession with intent to distribute methamphetamine, possession of a firearm in furtherance of a drug trafficking crime, and distribution of methamphetamine. If convicted of the most serious charges contained in the indictment, CAMPBELL faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Northwest Drug Task Force and Homeland Security Investigations. PACER Case Reference. 16-17
- ANDREW JOSEPH SHIELDS a 32-year-old resident of Missoula, appeared on charges of conspiracy to distribute methamphetamine, possession with intent to distribute methamphetamine, possession of a firearm in furtherance of a drug trafficking crime, and distribution of methamphetamine. If convicted of the most serious charges contained in the indictment, SHIELDS faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Northwest Drug Task Force and Homeland Security Investigations. PACER Case Reference. 16-17
Appearing before U.S. Magistrate Johnston in Great Falls on March 22, 2016 and entering pleas of Not Guilty were:
- TYRELL HENDERSON, a 26-year-old resident of Box Elder, appeared on charges of involuntary manslaughter. If convicted of the charge contained in the indictment, HENDERSON faces 8 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 16-10
- ARIANNE LATRAY, a 23-year-old resident of Harlem, appeared on charges of second degree murder. If convicted of the charge contained in the indictment, LATRAY faces life in prison, $250,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 16-21
Appearing before U.S. Magistrate Lynch in Missoula on March 22, 2016 and entering pleas of Not Guilty were:
- STEVE ALAN BRITTNER a 50-year-old resident of Missoula, appeared on charges of conspiracy to distribute methamphetamine, possession of a firearm in furtherance of a drug trafficking crime, and distribution of methamphetamine. If convicted of the most serious charges contained in the indictment, BRITTNER faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 16-15
Appearing before U.S. Magistrate Lynch in Missoula on March 21, 2016 and entering pleas of Not Guilty were:
- KAULIKA THARA ARENSBERG, a 35-year-old resident of Missoula, appeared on charges of conspiracy to distribute methamphetamine. If convicted of the charge contained in the indictment, ARENSBERG faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Missoula HIDTA and the Drug Enforcement Administration. PACER Case Reference. 16-11
- JAMES MICHAEL RANDALL, a 31-year-old resident of Missoula, appeared on charges of conspiracy to distribute methamphetamine. If convicted of the charge contained in the indictment, RANDALL faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Missoula HIDTA and the Drug Enforcement Administration. PACER Case Reference. 16-11
Appearing before U.S. Magistrate Lynch in Missoula on March 18, 2016 and entering pleas of Not Guilty were:
- JENNIFER BROOKE BUSHNELL, a 30-year-old resident of Bozeman, appeared on charges of conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine. If convicted of the most serious charges contained in the indictment, BUSHNELL faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Missouri River Drug Task Force. PACER Case Reference. 15-13
- GABRIEL CALVIN SMITH, a 39-year-old resident of Bozeman, appeared on charges of conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine. If convicted of the most serious charges contained in the indictment, SMITH faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Missouri River Drug Task Force. PACER Case Reference. 15-13
Appearing before U.S. Magistrate Johnston in Great Falls on March 17, 2016 and entering pleas of Not Guilty were:
- JONATHAN JAY EAGLEMAN, a 50-year-old resident of Box Elder, appeared on charges of false statements to a federal agency. If convicted of the most serious charges contained in the indictment, EAGLEMAN faces 5 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Environmental Protection Agency. PACER Case Reference. 16-06
Appearing before U.S. Magistrate Johnston in Great Falls on March 15, 2016 and entering pleas of Not Guilty were:
- LOREN JAMES RIDER, a 38-year-old resident of Browning, appeared on charges of assault resulting in serious bodily injury/aiding and abetting. If convicted of the charge contained in the indictment, RIDER faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 16-17
Appearing before U.S. Magistrate Lynch in Missoula March 15, 2016 and entering pleas of Not Guilty were:
- KELLY GORDON DUPUIS, a 26-year-old resident of Polson, appeared on charges of conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, DUPUIS faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Missoula HIDTA and the Drug Enforcement Administration. PACER Case Reference. 16-11
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Montana U.S. Attorney's Office and Missoula Police Department Host Regional Law Enforcement Training on Sex TraffickingRead the Press Release
MISSOULA – The U.S. Attorney’s Office for the District of Montana and the Missoula Police Department will host a two-day training titled “Sex Trafficking: Investigation and Prosecution.” The Mansfield Center at the University of Montana, the Montana DOJ Children’s Justice Center, FBI’s Montana Regional Violent Crime Task Force and the Montana Human Trafficking Task Force have also collaborated on the event. The training will take place at the University of Montana March 23-24, 2016, and is open to registered law enforcement personnel. Attendees come from Idaho, Montana, Utah, and Washington.
The training is designed to help law enforcement personnel gain a comprehensive understanding of the crime of sex trafficking, recognize common indicators to identify victims, and learn effective techniques for victim interviews and investigative strategies. A primary goal of the training is to promote law enforcement awareness and provide tools and techniques for the successful prosecution of sex trafficking that law enforcement personnel can take back to their communities.
This training is one of several held this year in Montana that reflect the Office’s focus on the issue of sex trafficking. Similar trainings hosted by the U.S. Attorney’s Office and the FBI were held earlier this year on three Montana Indian Reservations for the benefit of law enforcement officers working in Indian Country. Following this training, the U.S. Attorney’s Office will have collaborated in the training of more than 300 law enforcement personnel from multiple jurisdictions.
“This training reflects our shared commitment to eradicating the scourge of sex-trafficking that plagues communities regionally, nationally, and internationally,” said U.S. Attorney for the District of Montana Mike Cotter. “Human trafficking is a crime that occurs in the shadows, in the margins of our country and around the world. It is not just a federal matter; it is a matter that needs to be tackled with all available resources: by federal, state, tribal and local law enforcement along with our community and faith based organizations.”
“This training is a product of the long-standing collaborative relationship between the Missoula Police Department, the U.S. Attorney’s Office, and the FBI,” said Missoula Police Chief Mike Brady. “Our Department has been working with the Federal Government on this issue for some time. This training gives us the opportunity to share the results of that collaboration with the regional law enforcement community.”
The training is closed the public and the press.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Johnston in Great Falls on March 8, 2016 and entering pleas of Not Guilty were:
-
CHERYL LYNN LITTLE DOG, a 43-year-old resident of East Glacier, appeared on charges of harboring a fugitive, and false statements to federal law enforcement.If convicted of the most serious charge contained in the indictment, LITTLE DOG faces 5 years in prison, $250,000 in fines and 3 years supervised release.The case was investigated by the Federal Bureau of Investigation and the United States Marshals Service.PACER Case Reference. 16-09
-
HEATHER RAE SCHWARZROCK, a 25-year-old resident of Poplar, appeared on charges of theft from a local government receiving federal funding and theft.If convicted of the most serious charge contained in the indictment, SCHWARZROCK faces 10 years in prison, $250,000 in fines and 3 years supervised release.The case was investigated by the Federal Bureau of Investigation.PACER Case Reference. 16-07
Appearing before U.S. Magistrate Ostby in Billings on March 8, 2016 and entering pleas of Not Guilty were:
-
ASHLEY SHANTELL REYNA, a 28-year-old resident of Billings, appeared on charges of false statement during purchase of a firearm.If convicted of the charge contained in the indictment, REYNA faces 10 years in prison, $250,000 in fines and 3 years supervised release.The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.PACER Case Reference. 16-29
-
TERRY MALENE SEMINOLE, a 54-year-old resident of Lame Deer, appeared on charges of assault resulting in serious bodily injury.If convicted of the charge contained in the indictment, SEMINOLE faces 10 years in prison, $250,000 in fines and 3 years supervised release.The case was investigated by the Bureau of Indian Affairs.PACER Case Reference. 16-11
Appearing before U.S. Magistrate Johnston in Great Falls on March 7, 2016 and entering pleas of Not Guilty were:
-
SEIVERT DAYDRILL RUNNINGCRANE, a 34-year-old resident of Browning, appeared on charges of assault resulting in serious bodily injury.If convicted of the charge contained in the indictment, RUNNINGCRANE faces 10 years in prison, $250,000 in fines and 3 years supervised release.The case was investigated by the Federal Bureau of Investigation and Blackfeet Law Enforcement Services.PACER Case Reference. 16-17
Appearing before U.S. Magistrate Ostby in Billings on March 7, 2016 and entering pleas of Not Guilty were:
-
JOSE ANTONIO GOMEZ-GRANDA, a 37-year-old citizen of Peru, appeared on charges of conspiracy to distribute methamphetamine and distribution of methamphetamine.If convicted of the most serious charge contained in the indictment, GOMEZ-GRANDA faces life in prison, $10,000,000 in fines and 5 years supervised release.The case was investigated by the HIDTA.PACER Case Reference. 16-28
-
ROBERTA LOUISE HART, a 28-year-old resident of Lame Deer, appeared on charges of assault resulting in serious bodily injury.If convicted of the charge contained in the indictment, HART faces 10 years in prison, $250,000 in fines and 3 years supervised release.The case was investigated by the Bureau of Indian Affairs.PACER Case Reference. 15-130
Appearing before U.S. Magistrate Ostby in Billings on March 4, 2016 and entering pleas of Not Guilty were:
-
RENE FLORES, a 38-year-old resident of Tacoma, Washington, appeared on charges of conspiracy to distribute methamphetamine and distribution of methamphetamine.If convicted of the most serious charge contained in the indictment, FLORES faces life in prison, $10,000,000 in fines and 5 years supervised release.The case was investigated by the HIDTA.PACER Case Reference. 16-28
Appearing before U.S. Magistrate Ostby in Billings on March 3, 2016 and entering pleas of Not Guilty were:
-
JOHN LAWRENCE FELLER, JR., a 34-year-old resident of Lame Deer, appeared on charges of felony child abuse.If convicted of the charge contained in the indictment, FELLER faces 10 years in prison, $50,000 in fines and 3 years supervised release.The case was investigated by the Bureau of Indian Affairs.PACER Case Reference. 16-10
Appearing before U.S. Magistrate Ostby in Billings on March 2, 2016 and entering pleas of Not Guilty were:
-
NATHAN MARTIN SHIKE, a 42-year-old resident of Billings, appeared on charges of felon in possession of a firearm.If convicted of the charge contained in the indictment, SHIKE faces 10 years in prison, $250,000 in fines and 3 years supervised release.The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.PACER Case Reference. 15-152
Appearing before U.S. Magistrate Ostby in Billings on February 29, 2016 and entering pleas of Not Guilty were:
-
CODY ALAN CHURCHILL, a 22-year-old resident of Roundup, appeared on charges of possession of an unregistered firearm.If convicted of the charge contained in the indictment, CHURCHILL faces 10 years in prison, $10,000 in fines and 3 years supervised release.The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.PACER Case Reference. 15-119
-
JEFFERSON SCOTT PERRIGO, a 42-year-old resident of Laurel, appeared on charges of possession of a stolen firearm.If convicted of the charge contained in the indictment, PERRIGO faces 10 years in prison, $250,000 in fines and 3 years supervised release.The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.PACER Case Reference. 15-120
-
RUSSELL KAY VANDYKE, a 38-year-old resident of Billings, appeared on charges of felon in possession of a firearm and ammunition.If convicted of the charge contained in the indictment, VANDYKE faces 10 years in prison, $250,000 in fines and 3 years supervised release.The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.PACER Case Reference. 16-23
Appearing before U.S. Magistrate Johnston in Great Falls on February 29, 2016 and entering pleas of Not Guilty were:
-
THOMAS JOSEPH WEHNER, a 40-year-old resident of Moyie Springs, Idaho, appeared on charges of distribution of methamphetamine resulting in death, possession with intent to distribute methamphetamine, possession of a firearm in furtherance of a drug trafficking crime, felon in possession of firearms, possession of stolen firearms, and transportation of stolen firearms.If convicted of the most serious charges contained in the indictment, WEHNER faces life in prison, $10,000,000 in fines and 6 years supervised release.The case was investigated by the Russell Country Drug Task Force and the Great Falls Police Department.PACER Case Reference. 16-14
-
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
-
Plain Green Officials Sent to PrisonRead the Press Release
GREAT FALLS – Former Chief Executive Officers for Plain Green, the Chippewa Cree Tribe’s internet lending business, were both sentenced today to several years in prison by U.S. District Judge Brian Morris in Great Falls. Neal Paul Rosette, 54, of Box Elder, who served as the lending corporation’s CEO from its origination until January of 2012, was sentenced to 38 months in prison and restitution of $1,488,472. His colleague, Billi Anne Morsette, was sentenced to 41 months in prison, and $1,421,045 in restitution.
In December of last year, Rosette and Morsette pleaded guilty to accepting bribes from Encores Services, a Las Vegas business, in exchange for facilitating the award and payment on fraudulent tribal contracts. In another indictment the two pleaded guilty to helping Chippewa Cree Tribal Vice-Chairman John Chance Houle siphon off over $55,000 in tribal monies, laundering them through First American Capital Resources, the predecessor company to Plain Green, and then diverting the money to the Chippewa Cree Rodeo Association accounts which Houle had used as a slush fund. Included in their pleas was a plea by Rosette to income tax evasion and by Morsette to willful failure to file tax returns.
In court records filed at the time of the plea, the Unites States Attorney’s office advised the Court that in May of 2010, the Chippewa Cree Tribe created First American Capital Resources, LLC (FACR) to be a partner with outside interests to provide a pay-day, on-line lending platform which, using tribal sovereignty, could be exempt from state laws and regulations regarding usury and predatory lending practices. The FACR CEO was Neal Rosette, the FACR COO was Billi Anne Morsette, and the Chairman of the oversight board created by the tribal council to administer the internet lending program was tribal Vice-Chairman, John Chance Houle.
THE RODEO ASSOCIATION EMBEZZLEMENT: On September 15, 2010, Houle authorized and signed a $27,949.33 check to FACR from the Chippewa Cree Tribe Tribal Grants and Contracts account. Once the Grants and Contracts money was in the FACR account, a check for $6,000 was made payable to Rosette (signed by Morsette) and another check for $6,000 was made payable to Morsette (signed by Rosette). Also on that same date, a check for $15,000 was written to the Chippewa Cree Tribe Rodeo Association and signed by Rosette and Morsette. Chance Houle was the President of the Chippewa Cree Rodeo Association with exclusive control over its bank account.
The second payment from the Grants and Contracts account to FACR was made on October 5, 2010, for $27,842.94. On that same date, a FACR check for $4,000 was made payable to Rosette (signed by Morsette) and another check for $4,000 was made payable to Morsette (signed by Rosette). Also on that same date, a check for $15,000 was written to the Indian National Finals Rodeo (INFR), and signed by Rosette and Morsette.
THE IDEAL CONSULTING KICK-BACK SCHEME: On October 22, 2010, FACR, the Tribe, and Encore Services Corporation, of Henderson, Nevada, entered into a Management Agreement making Encore the tribe’s partner in the on-line lending business. FACR and Encore did not make any online loans prior to April 2011. The salaries of Rosette and Morsette were subsidized by Encore and its affiliates, along with James Eastlick, Jr., Clinical Psychologist at the Tribe, through bridge loans. One specific loan from Eastlick to cover the salaries of Rosette and Morsette was in December 2010 for $60,000, and the note on the loan was between Eastlick and Encore.
In March of 2011, after Rosette had entered into negotiations with Think Finance of Fort Worth, Texas, the Tribe created another online lending company, Plain Green. Plain Green was created for online installment loan lending and, as with FACR, Plain Green would utilize the Tribe’s sovereignty to shield the business from state usury and predatory lending laws. Rosette, Morsette, and Houle all remained in the same positions for Plain Green as they had for FACR. After Rosette’s departure in January 2012, Morsette took over both the CEO and the COO roles for FACR and Plain Green.
After a deal was struck between the Tribe, Plain Green, and Think Finance, Encore was no longer a relevant participant. On May 4, 2011, and at the request of Encore, a revised management agreement between FACR and Encore was signed. Under this agreement, Section 2.9 now stated the “Enterprise” shall include FACR “and any other entity formed by the Tribe to undertake business of the type conducted by FACR.” This is after Plain Green and Think Finance have already started making loans in April. The amended agreement was designed to provide “exclusive” rights to Encore with regard to all of the Tribe’s online lending ventures, including Plain Green. Rosette forged Houle’s signature on the revised management agreement.
On July 11, 2015, without any written agreement as to fees, Rosette and/or Morsette wired $38,242 of the Tribe’s share of the Plain Green distribution, to Encore. In late July 2011, a Fee Agreement was executed providing Encore Services, LLC, a newly formed company owned by the same individuals of Encore Service Corporation, 15% of all profits from the Plain Green – Think Finance venture. This agreement was backdated to June 1, 2011, one day before Plain Green received its first payment of $199,141.
On August 3, 2011, an entity called Ideal Consulting, LLC, invoiced Encore for “5% consulting fees” for the months of May, June and July 2011. The total billed was $50,652.40. That same day, Plain Green wired $93,800.42 to Encore Services. Ideal Consulting had registered with the Montana Secretary of State’s Office on August 2, 2011. Eastlick opened a bank account using the articles of incorporation for Ideal Consulting at Wells Fargo Bank in Havre, and on August 5, 2011, an Encore affiliate wired $50,652.40 to the new account.
At its essence, the scheme that began with the second agreement was designed to put Encore back into the tribal stream of revenue from the on-line lending operation once Think had come in to supplant Encore. In exchange for giving Encore 10% of the tribe’s revenues, Encore agreed to take 15% and kick 5% back to Rosette, Morsette, and Eastlick as a reward for keeping money flowing to Encore, even though it had not been able to establish a viable lending operation.
The relationship with Encore, and the resulting payments to Ideal, continued for the next two years, until July 31, 2013. In that time, Plain Green paid Encore $3,523,471, and Encore paid Ideal $1,208,395. The profits from the scheme were split evenly between Rosette, Morsette and Eastlick—each taking over $400,000.
During this period Morsette received over $800,000 in income from her salary and the payments from Ideal. She never filed a tax return. As part of her plea agreement she agreed to pay $165,253 in tax liability to the IRS. Rosette filed for 2009 but did not file any returns after that. Based upon his unreported income, Rosette agreed to pay $232,680 in tax liability to the IRS.
Rosette was allowed to surrender himself to the institution once the Bureau of Prisons designates where he will serve his sentence. Morsette was immediately remanded into the custody of the U.S. Marshal.
The case was brought by the federal agents of the Guardians Project and was investigated by the agents of the Offices of Inspector General of the Departments of Interior and Health and Human Services, as well as by the Internal Revenue Service Criminal Investigation Division.
Bozeman Man Sentenced for Illegal Possession of an Unregistered Machine GunRead the Press Release
BILLINGS – William Kristofer Wolf, 53, of Bozeman, Montana, was sentenced today in Billings federal court for the illegal possession of an unregistered machine gun. U.S. District Court Judge Susan Watters sentenced Wolf to 72 months incarceration and 3 years supervised release.
Wolf was indicted by a grand jury in April of last year on two counts: Illegal Possession of a Machine Gun and Possession of a Firearm not Registered in the National Firearms Registration and Transfer Record. At trial, the government introduced evidence that Wolf publicly and repeatedly expressed intent to acquire and possess dangerous weapons, including flamethrowers, incendiary ammunition, and napalm, and ultimately did acquire the sawed-off automatic shotgun that lead to his arrest. Minutes after taking possession of the illegal firearm Wolf stated that he did not “believe in anything but extreme.” He was convicted in November of last year following a three day jury trial.
In his weekly online radio show, named “The Montana Republic,” Wolf discussed his anti-government views and his plans to overthrow local, state, and federal governments by force. He advocated the affirmative targeting of law enforcement officers, politicians, and judges and stated on numerous occasions that he considered agents of local, state, and federal government to be his “targets .” After holding a “committee of safety meeting” on January 29, 2015, Wolf stated, “my preferred method would be to drop 500 pounds of napalm through the roof of the courthouse and burn it to the ground and roast some marshmallows on it.” Wolf tried to recruit those at the meeting to his cause telling them, “that’s why I say you don’t want me doing this because I don’t believe in doing anything that’s not extreme and right now wiping that place out, would be my extreme movement.”
In its sentencing arguments, the government emphasized the extreme nature of Wolf’s views, and his repeatedly articulated intent to target law enforcement officials and in effect to wage a war on all branches of government. Wolf made repeated statements about his intent to target government and law enforcement personnel: “I just need to kill the public officials,” and “all agents of the government, all judiciary, and all police officers are targets.” Wolf believed that law enforcement officials at every level of government had committed “constitutional violations” and that he was therefore justified in using any means necessary to “restore our constitutional republic.” Wolf did not retreat from these views in his trial testimony or attempt to deny his ultimate intent to harm government and law enforcement officials.
Emphasizing the extreme nature of Wolf’s views, coupled with the concrete steps he took to put his violent plans into action, the government argued that the criminal sentencing guidelines did not adequately reflect the gravity of his crime and the danger he poses to society. Taking these factors into account, the government urged the court to impose a sentence greater than that indicated by the guidelines. The government argued that Wolf’s actions in obtaining the machine gun were merely a step towards committing other offenses, including assault on law enforcement officers and arson. .
The government also argued that Wolf’s lack of prior criminal history was not indicative of his risk to society, given the extreme nature of his views and his articulated intent to commit mass acts of violence. As evidence of this intent, the government cited at least 24 instances in which Wolf stated his intent to kill someone or engage in acts that would bring about deaths or serious injuries.
“The sentence in this case sends a strong message to those, like Mr. Wolf, who seek to wage a violent war not only against the government but against society as a whole,” said Montana U.S. Attorney Mike Cotter. “It should serve as a deterrent to others who would follow his lead and choose to espouse anarchy and violence. The FBI is to be commended for its thorough work of investigating Mr. Wolf and ultimately helping to bring him to justice.”
The case was prosecuted by Assistant U.S. Attorney Bryan Whittaker and Danya Atiyeh, Trial Attorney, from the Counterterrorism Section, National Security Division, of the United States Department of Justice. The case was investigated by the FBI.
Shad Huston Sentenced for Corruption on the Rocky Boy's Indian ReservationRead the Press Release
GREAT FALLS - The United States Attorney’s Office announced that Shad James Huston, 40, of Havre, Montana, was sentenced on February 29, 2016, before U.S. District Judge Brian M. Morris. Huston was sentenced to 41 months of prison for Bribery, False Claims Act Conspiracy, and failure to file Currency Transaction Reports as required by law. In addition, the district court ordered Huston to pay $500,000 in restitution.
The Chippewa Cree Tribe of the Rocky Boy’s Indian Reservation is located in north-central Montana and has a population of 2,500 members. Between October 2007 and September 2012, the Chippewa Cree Tribe received $420,439,495 in federal funding. In addition, the Tribe received a $25,000,000 insurance payment after the flooding of 2010, and $8,400,000 under the Cobell v. Salazar settlement in July of 2012. The total money received by the Tribe, during this five-year time period, was over $450,000,000.
Huston became associated with a local trucking operation, known as K Bar K Trucking. While operating the company, Huston engaged in a “pay-to-play” scheme, where he was awarded no-bid, sole-source hauling contracts with the Tribe. In exchange for the contracts, Huston paid Tim Rosette, Director of the Roads Branch, cash kick-backs of $100 to $200 on a per truck, per trip basis. The financial records confirm this pattern, showing that Huston companies withdrew approximately $238,000 in cash, in close proximity to contract payments. When questioned by business partners, Huston explained he would falsely inflate invoices in order to pay bribes to Rosette, and others, in exchange for contracts with the Tribe. Rosette was previously sentenced to prison in December of 2015.
In addition to submitting false claims and bribing Tim Rosette, Huston also operated various businesses, including Leon’s Buy and Sell in Havre, Montana. These businesses were registered as Money Service Businesses with the Financial Crimes Enforcement Network (FinCEN), of the U.S. Department of Treasury. FinCEN’s mission is to safeguard the financial system from illicit use and combat money laundering and promote national security through the collection, analysis, and dissemination of financial intelligence and strategic use of financial authorities.
In order for FinCEN to track money laundering and other fraud, Huston, as a money service business, was required to file Currency Transaction Reports (“CTRs”) when cashing checks for others in excess of $10,000. Huston cashed checks in excess of $10,000 for Hailey Belcourt, who was previously indicted and convicted for fraud, and other individuals implicated in fraud on the Rocky Boy’s Indian Reservation. All total, Huston cashed 19 checks that should have been reported, but were not. This failure to report the transactions was done with the deliberate intent to avoid exposing the transactions to FinCEN.
Huston’s convictions for corruption and failing to file CTRs is the latest in a series of prosecutions and convictions relating to public corruption, fraud, and theft in federal grants, contracts, and programs brought by the investigators and prosecutors of the U.S. Attorney’s Guardians Project, an anti-corruption strike force created in 2011. The Huston case was investigated by the Department of Interior Office of Inspector General and the Internal Revenue Service, Criminal Division.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Lynch in Missoula on February 25, 2016 and entering pleas of Not Guilty were:
- STEPHEN JOSEPH MARTIN, a 75-year-old resident of Phoenix, Arizona, appeared on charges of failure to register as a sex offender. If convicted of the charge contained in the indictment, MARTIN faces 10 years in prison, $250,000 in fines and 5 years supervised release. The case was investigated by the United States Marshals Service. PACER Case Reference. 16-04
Appearing before U.S. Magistrate Ostby in Billings on February 24, 2016 and entering pleas of Not Guilty were:
- JUAN CARLOS DORADO, a 40-year-old resident of Tucson, Arizona, appeared on charges of conspiracy to possess with intent to distribute methamphetamine and conspiracy to commit money laundering. If convicted of the most serious charge contained in the indictment, DORADO faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Montana Division of Criminal Investigation, Drug Enforcement Administration, Federal Bureau of Investigation, Homeland Security Investigations and HIDTA. PACER Case Reference. 16-05
- JUAN RAMON DELGADILLO-MEZA, a 40-year-old resident of Ephrata, Washington, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, conspiracy to commit money laundering, and possession of a firearm in furtherance of a drug trafficking crime. If convicted of the most serious charges contained in the indictment, DELGADILLO-MEZA faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the FBI Task Force. PACER Case Reference. 16-12
- OTIS TAYLOR YELLOW MULE, a 29-year-old resident of Wyola, appeared on charges of escape. If convicted of the charge contained in the indictment, YELLOW MULE faces 5 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the United States Marshals Service. PACER Case Reference. 16-24
Appearing before U.S. Magistrate Johnston in Great Falls on February 24, 2016 and entering pleas of Not Guilty were:
- DAVID LEE ARMITAGE, a 27-year-old resident of Great Falls, appeared on charges of possession of a firearm not registered in National Firearms Registration and Transfer Record. If convicted of the charge contained in the indictment, ARMITAGE faces 10 years in prison, $10,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 15-85
- LINDA D. TAYLOR, a 61-year-old resident of Great Falls, appeared on charges of desertion of mails and delay or destruction of mail. If convicted of the charge contained in the indictment, TAYLOR faces 1 year in prison and $100,000 in fines. The case was investigated by the United States Postal Service Office of Inspector General. PACER Case Reference. 16-05
Appearing before U.S. Magistrate Ostby in Billings on February 23, 2016 and entering pleas of Not Guilty were:
- OMAR COTA, a 21-year-old resident of Mexico, appeared on charges of conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, COTA faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Drug Enforcement Administration, Federal Bureau of Investigation, Homeland Security Investigations and HIDTA. PACER Case Reference. 16-04
- TOMAS COTA, a 21-year-old resident of Mexico, appeared on charges of conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, COTA faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Drug Enforcement Administration, Federal Bureau of Investigation, Homeland Security Investigations and HIDTA. PACER Case Reference. 16-04
- BETHANY ANN FAIRCHILD, a 29-year-old resident of Pasco, Washington, appeared on charges of conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, FAIRCHILD faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the FBI Task Force. PACER Case Reference. 16-12
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Billings Hospital One of 51 Hospitals Nationwide to Pay More Than $23 Million to Resolve False Claims Act Allegations Related to Implantation of Cardiac DevicesRead the Press Release
WASHINGTON – The Department of Justice announced today that it has reached settlements with 51 hospitals in 15 states for more than $23 million related to cardiac devices that were implanted in Medicare patients in violation of Medicare coverage requirements. Saint Vincent Healthcare in Billings is one of the hospitals included in the settlements. St. Vincent is part of the Sisters of Charity of Leavenworth Health System, based in Broomfield, CO, and is one of five Sisters of Charity hospitals that together paid 1.95 million under the settlements.
An implantable cardioverter defibrillator, or ICD, is an electronic device that is implanted near and connected to the heart. It detects and life-threatening heart rhythms, called fibrillations, by delivering a shock to the heart, restoring the heart’s normal rhythm. Only patients with certain clinical characteristics and risk factors qualify for an ICD covered by Medicare.
Medicare coverage for the device, which costs approximately $25,000, is governed by a National Coverage Determination (NCD). The Centers for Medicare and Medicaid Services implemented the NCD based on clinical trials and the guidance and testimony of cardiologists and other health care providers, professional cardiology societies, cardiac device manufacturers and patient advocates. The NCD provides that ICDs generally should not be implanted in patients who have recently suffered a heart attack or recently had heart bypass surgery or angioplasty. The medical purpose of a waiting period - 40 days for a heart attack and 90 days for bypass/angioplasty - is to give the heart an opportunity to improve function on its own to the point that an ICD may not be necessary. The NCD expressly prohibits implantation of ICDs during these waiting periods, with certain exceptions. The Department of Justice alleged that from 2003 to 2010, each of the settling hospitals implanted ICDs during the periods prohibited by the NCD.
The settlements announced today follow similar agreements announced in October of 2015 in which the Department settled with 457 hospitals for more than $250 million. The settlements announced today represent the final stage of a nationwide investigation into the practices of hundreds of hospitals improperly billing Medicare for these devices. The case underlying the settlements was brought as a qui tam, or whistleblower, lawsuit under the False Claims Act. The investigation was part of the government’s Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which is a collaborative effort between DOJ and the Department of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. Since January 2009, the Justice Department has recovered a total of more than $27.4 billion through False Claims Act cases, with more than $17.4 billion of that amount recovered in cases involving fraud against federal health care programs. With these additional agreements, the Justice Department’s investigation has now yielded settlements with more than 500 hospitals totaling more than $280 million.
The settlements were the result of a coordinated effort among the DOJ’s Civil Division Commercial Litigation Branch, the U.S. Attorney’s Office of the Southern District of Florida and HHS-OIG’s Office of Investigations and Office of Counsel to the Inspector General. More information on the settlements announced today can be found at the DOJ’s Office of Public Affairs Website.
The claims resolved by these settlements are allegations only and there has been no determination of liability.
This lawsuit is captioned U.S. ex rel. Ford et al. v. Abbott Northwestern et al. No. 08-cv-20071 (S.D. Fla.)
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Lynch in Missoula on February 12, 2016 and entering pleas of Not Guilty were:
- SALVADOR ANDAYA CURIEL, a 28-year-old resident of California, appeared on charges of conspiracy to distribute methamphetamine, possession with intent to distribute methamphetamine, and distribution of methamphetamine. If convicted of the most serious charge contained in the indictment, CURIEL faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation and Homeland Security Investigations. PACER Case Reference. 15-01
Appearing before U.S. Magistrate Lynch in Missoula on February 11, 2016 and entering pleas of Not Guilty were:
- RICHARD CHARLES SAARI, a 32-year-old resident of East Helena, appeared on charges of sexual exploitation of children, and receipt of child pornography. If convicted of the most serious charge contained in the indictment, SAARI faces 30 years in prison, $250,000 in fines and lifetime supervised release. The case was investigated by the Federal Bureau of Investigation, Internet Crimes Against Children Task Force, Helena Police Department, Lewis and Clark County Sheriff’s Office, East Helena Police Department, Homeland Security Investigations and Montana Division of Criminal Investigation. PACER Case Reference. 16-01
Appearing before U.S. Magistrate Johnston in Great Falls on February 10, 2016 and entering pleas of Not Guilty were:
- JEROME DALE FOLLET, SR., a 26-year-old resident of Poplar, appeared on charges of felony child abuse. If convicted of the charge contained in the indictment, FOLLET faces 10 years in prison, $50,000 in fines and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation and the Fort Peck Tribes Department of Law and Justice. PACER Case Reference. 16-12
- RAMON TROY WHITE BEAR, a 22-year-old resident of Poplar, appeared on charges of assault resulting in serious bodily injury. If convicted of the charge contained in the indictment, WHITE BEAR faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation and the Fort Peck Tribes Department of Law and Justice. PACER Case Reference. 16-08
Appearing before U.S. Magistrate Johnston in Great Falls on February 9, 2016 and entering pleas of Not Guilty were:
- PAUL OLDCHIEF, a 36-year-old resident of Browning, appeared on charges of assault resulting in serious bodily injury and assault with a dangerous weapon. If convicted of the most serious charge contained in the indictment, OLDCHIEF faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 16-11
- DEREK JAMES RIGHT HAND, an 18-year-old resident of Browning, appeared on charges of aggravated sexual abuse. If convicted of the charge contained in the indictment, RIGHT HAND faces life in prison, $250,000 in fines and lifetime supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 16-13
Appearing before U.S. Magistrate Ostby in Billings on February 9, 2016 and entering pleas of Not Guilty were:
- GENE ANDREW TUFTON, a 44-year-old resident of Dagmar, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine and conspiracy to commit money laundering. If convicted of the most serious charges contained in the indictment, TUFTON faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Drug Enforcement Administration, the Federal Bureau of Investigation and the HIDTA . PACER Case Reference. 16-05
Appearing before U.S. Magistrate Ostby in Billings on February 5, 2016 and entering pleas of Not Guilty were:
- EDWARD LEE DONNES, a 53-year-old resident of Belgrade, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, and possession with intent to distribute methamphetamine. If convicted of the most serious charges contained in the indictment, DONNES faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the FBI Task Force. PACER Case Reference. 16-12
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Ostby in Billings on February 1, 2016 and entering pleas of Not Guilty were:
-
JOSEPH CURTIS MORRISON, JR., a 53-year-old resident of Ashland, appeared on charges of involuntary manslaughter.If convicted of the charge contained in the indictment, MORRISON faces 8 years in prison, $250,000 in fines and 3 years supervised release.The case was investigated by the Federal Bureau of Investigation.PACER Case Reference. 16-06
Appearing before U.S. Magistrate Ostby in Billings on January 28, 2016 and entering pleas of Not Guilty were:
-
GARRETT JAY COSTA, SR., a 44-year-old resident of Crow Agency, appeared on charges of aggravated sexual abuse.If convicted of the charge contained in the indictment, COSTA faces life in prison, $250,000 in fines and lifetime supervised release.The case was investigated by the Bureau of Indian Affairs.PACER Case Reference. 16-03
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
-
Deputy County Attorney Quick Honored for Role in Veterans CourtRead the Press Release
GREAT FALLS – Deputy Cascade County Attorney Jennifer Quick was honored today for her work on the Cascade County Veterans Court. Quick was presented with a certificate of appreciation from the United States Attorney’s Office for the District of Montana at the February 2nd Veterans Court graduation by Assistant U.S. Attorneys Jeff Starnes and Joe Cik, acting on behalf of Montana U.S. Attorney Mike Cotter.
The Cascade County Veterans Court was established in 2013. In March of 2015, because of a collaborative agreement between Montana’s Eighth Judicial District Court, the Montana Federal District Court, and the U.S. Attorney’s Office, the Veterans Court began accepting qualifying veterans charged with federal crimes. The Veterans Court serves as an alternative to prison for qualifying veterans. Participants are required to engage in intensive multi-stage professional counseling and treatment for substance abuse, mental health, disability, and other issues including but not limited to those related to their military service. They are also required to abide by strict conditions, follow rigorous treatment plans, and attend scheduled hearings before a judge.
Quick served as the founding prosecutor of the Cascade County Veterans Court from 2013 to 2015. “Jennifer is personally and professionally passionate about veterans’ issues,” said Judge Greg Pinski of the Eighth Judicial District, who oversees the Veterans Court. “She went above and beyond by engaging in outreach efforts to expand enrollment and educate other Montana prosecutors on the benefits of the Veterans Court. Without her support and hard work, the Cascade County Veterans Court would not exist.”
“Jennifer Quick and Judge Pinski are to be commended for their instrumental roles as catalysts for the Cascade County Veteran’s Court, and we look forward to a continuing state and federal collaboration,” said Montana U.S. Attorney Mike Cotter. “The U.S. Attorney’s Office is grateful for the opportunity to participate in the forum they have created to give veterans charged with federal crimes an opportunity to obtain structured treatment that will allow them to return to their lives, families, and communities in Montana.”
Quick’s recognition followed a graduation ceremony honoring three new Veterans Court graduates. Since its inception in 2013, twenty-four veterans have participated in the Cascade County Veterans Court. Today’s graduates bring the number of program graduates to eleven. Twelve participants, including one federal probationer, are currently enrolled in the program.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Lynch in Missoula, on January 15, 2016 and entering pleas of Not Guilty were:
- JAMES ANTHONY LOVENGUTH, a 38-year-old resident of Havre, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, illegal receipt of a firearm by a person under Information, and possession of a firearm by a prohibited person. If convicted of the most serious charges contained in the indictment, LOVENGUTH faces 40 years in prison, $5,000,000 in fines and 4 years supervised release. The case was investigated by the Drug Enforcement Administration. PACER Case Reference. 16-01
- TANDA AURORA TROUT, a 36-year-old resident of Havre, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, and possession with intent to distribute methamphetamine. If convicted of the most serious charges contained in the indictment, LOVENGUTH faces 20 years in prison, $1,000,000 in fines and 3 years supervised release. The case was investigated by the Drug Enforcement Administration. PACER Case Reference. 16-01
Appearing before U.S. Magistrate Johnston in Great Falls, on January 13, 2016 and entering pleas of Not Guilty were:
- HARLAN JEROME DEAN MAD PLUME, a 19-year-old resident of Browning, appeared on charges of assault resulting in serious bodily injury. If convicted of the charge contained in the indictment, MAD PLUME faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference. 16-03
Appearing before U.S. Magistrate Lynch in Missoula, on January 13, 2016 and entering pleas of Not Guilty were:
- OCTAVIO GUADALOPE GARCIA-MORALES, a 29-year-old resident of Mexico, appeared on charges of conspiracy to distribute controlled substances, possession with intent to distribute methamphetamine, and distribution of heroin. If convicted of the most serious charges contained in the indictment, GARCIA-MORALES faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Northwest Montana Drug Task Force. PACER Case Reference. 16-05
Appearing before U.S. Magistrate Lynch in Missoula on January 12, 2016 and entering pleas of Not Guilty were:
- GEORGE LESLIE MANLOVE, a 58-year-old resident of Eagle, Idaho, appeared on charges of conspiracy, wire fraud, bank fraud, false statement to federal insured bank, bankruptcy fraud, and money laundering. If convicted of the most serious charges contained in the indictment, MANLOVE faces 30 years in prison, $1,000,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation, U.S. Department of Labor and the Internal Revenue Service. PACER Case Reference. 16-40
- PAUL LYN NISBET, a 46-year-old resident of Missoula, appeared on charges of conspiracy to commit wire fraud. If convicted of the most serious charge contained in the indictment, NISBET faces 5 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation, U.S. Department of Labor and the Internal Revenue Service. PACER Case Reference. 15-43
Appearing before U.S. Magistrate Ostby in Billings, on January 12, 2016 and entering pleas of Not Guilty were:
- CHARITY LEIGH MENDONSA, a 39-year-old resident of Cathedral City, California, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, and distribution of methamphetamine. If convicted of the most serious charges contained in the indictment, MENDONSA faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Montana Division of Criminal Investigation and the Drug Enforcement Administration. PACER Case Reference. 15-147
- JOSEPH EMMANUEL SOBECK, a 43-year-old resident of Ashland, appeared on charges of possession of a firearm not registered in National Firearms Registration and Transfer Record, and felon in possession of a firearm. If convicted of the most serious charges contained in the indictment, SOBECK faces 10 years in prison, $10,000,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 15-153
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Johnston in Great Falls, on January 7, 2016 and entering pleas of Not Guilty were:
- JAMES ANTHONY WESTERMAN, a 46-year-old resident of Helena, appeared on charges of failure to register as a sexual offender. If convicted of the most serious charge contained in the indictment, WESTERMAN faces 10 years in prison, $250,000 in fines and lifetime supervised release. The case was investigated by the United States Marshals Service, Lewis and Clark County Sheriff’s Office and Montana Highway Patrol. PACER Case Reference. 15-14
Appearing before U.S. Magistrate Johnston in Great Falls, on January 5, 2016 and entering pleas of Not Guilty were:
- BRANDON JOE ELKINS, a 31-year-old resident of Tulsa, Oklahoma, appeared on charges of receipt of child pornography, possession with intent to distribute methadone, and distribution of methadone to individual under 21 years old. If convicted of the most serious charges contained in the indictment, ELKINS faces 40 years in prison, $2,000,000 in fines and lifetime supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 15-79
- SANDY MEREDITH HAYES, a 52-year-old resident of Sand Coulee, appeared on charges of felon in possession of a firearm. If convicted of the most serious charge contained in the indictment, HAYES faces 10 years in prison, $250,000 in fines and lifetime supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Great Falls Police Department and Montana Probation and Parole. PACER Case Reference. 15-34
Appearing before U.S. Magistrate Ostby in Billings, on January 5, 2016 and entering pleas of Not Guilty were:
- TESSIE KAY HAMILTON, a 36-year-old resident of Billings, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, HAMILTON faces 20 years in prison, $1,000,000 in fines and 3 years supervised release. The case was investigated by the FBI Task Force. PACER Case Reference. 15-143
- GARY LEE QUIGG, a 67-year-old resident of Billings, appeared on charges of conspiracy to possess with intent to distribute and distribute methamphetamine, possession with intent to distribute methamphetamine, and distribution of methamphetamine.. If convicted of the most serious charges contained in the indictment, QUIGG faces life in prison, $10,000,000 in fines and 4 years supervised release. The case was investigated by the Montana Division of Criminal Investigation. PACER Case Reference. 15-147
- EARL SAMUEL WALTERS, a 56-year-old resident of Beach, North Dakota, appeared on charges of felon in possession of a firearm and conspiracy to possess controlled substances with intent to distribute. If convicted of the most serious charge contained in the indictment, WALTERS faces 20 years in prison, $1,000,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 15-91
Appearing before U.S. Magistrate Lynch in Missoula, on January 4, 2016 and entering pleas of Not Guilty were:
- SAMUEL R. FRISCIA, a 25-year-old resident of Polson, appeared on charges of felon in possession of a firearm. If convicted of the charge contained in the indictment, FRISCIA faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 15-28
- RAINY LEE LAMERE, a 30-year-old resident of Great Falls, appeared on charges of felon in possession of a firearm. If convicted of the charge contained in the indictment, LAMERE faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Missoula Police Department. PACER Case Reference. 15-29
- SHACOTTA ST. ONGE, a 22-year-old resident of Missoula, appeared on charges of conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, ST. ONGE faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation and the Montana Regional Violent Crime Task Force. PACER Case Reference. 15-36
- WADE PATRICK WRIGHT, a 48-year-old resident of Columbia Falls, appeared on charges of possession with intent to distribute controlled substances, possession of a firearm in furtherance of a drug trafficking crime and possession of a firearm not registered in the National Firearms Registration and Transfer Record. If convicted of the most serious charges contained in the indictment, WRIGHT faces life in prison, $1,000,000 in fines and 5 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Flathead County Sheriff’s Office. PACER Case Reference. 15-25
Appearing before U.S. Magistrate Ostby in Billings, on December 29, 2015 and entering pleas of Not Guilty were:
- DALE VERNAL CAMPBELL, a 42-year-old resident of Lame Deer, appeared on charges of failure to register as a sexual offender. If convicted of the most serious charge contained in the indictment, CAMPBELL faces 10 years in prison, $250,000 in fines and lifetime supervised release. The case was investigated by the United States Marshals Service. PACER Case Reference. 15-85
Appearing before U.S. Magistrate Ostby in Billings, on December 28, 2015 and entering pleas of Not Guilty were:
- FRANK WAYNE REINKE, a 49-year-old resident of Billings, appeared on charges of felon in possession of a firearm and possession of stolen firearms. If convicted of the most serious charges contained in the indictment, REINKE faces 15 years in prison, $250,000 in fines and 5 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 15-31
Appearing before U.S. Magistrate Lynch in Missoula, on December 28, 2015 and entering pleas of Not Guilty were:
- KATRINA LYNN EVERHART, a 47-year-old resident of Missoula, appeared on charges of conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, EVERHART faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Montana Regional Violent Crime Task Force. PACER Case Reference. 15-42
- LOGAN RIVERS WENIGER, a 34-year-old resident of Missoula, appeared on charges of conspiracy to distribute methamphetamine, possession with intent to distribute methamphetamine, manufacturing methamphetamine, possession of a firearm in furtherance of a drug trafficking crime, possession of a machine gun in furtherance of a drug trafficking crime, and felon in possession of firearms. If convicted of the most serious charge contained in the indictment, WENIGER faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Montana Regional Violent Crime Task Force. PACER Case Reference. 15-42
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
International Operation Concludes in Montana; Convicts 21 Defendants of Child Pornography-Related CrimesRead the Press Release
MISSOULA – The United States Attorney's Office for the District of Montana announces today the conclusion of an international operation that convicted twenty-one defendants of child pornography related crimes. These defendants were involved in the sexual exploitation of children via two international online bulletin boards where members advertised, distributed, viewed and received images depicting child pornography.
Operation Kingdom Conqueror was initiated in 2011. FBI agents and officers from the Internet Crimes Against Children Task Force (ICACTF) received a tip regarding a potential child pornography suspect. In early 2012, the FBI obtained a search warrant for the residence of Paul Wencewicz in Polson, Montana. During their search, the agents discovered that Wencewicz was operating an online bulletin board where members advertised and traded sexually explicit images of young girls. The bulletin board was named Kingdom of Future Dreams (KOFD), and was created by Wencewicz in 2009. Between November 2009 and March 2012, Wencewicz and other members of the bulletin board sexually exploited hundreds of girls, both domestically and internationally, by trading images and videos of them.
Through their investigation, agents discovered that the KOFD bulletin board was housed on a server in the Isle of Jersey, one of the Channel Islands of the United Kingdom. Through cooperation with local police, state and federal agents were able to track down members of the bulletin board who resided in the United States and to obtain search warrants for their residences. Searches were conducted by federal officers in New Jersey, Maryland, Missouri, Indiana, Virginia, Washington, Massachusetts, Kentucky, Arizona, Texas, and California. The KOFD conspiracy identified thirteen defendants in the United States in addition to Wencewicz of Polson. Through their investigation of the KOFD defendants, agents learned that eight of the fourteen defendants were also members of a second child exploitation bulletin board called the Dark Moon, which involved a highly complex encryption scheme. Agents gained access to the board in April of 2013 and were able to identify additional members.
As a result of this investigation and prosecution, the following individuals have been convicted of Conspiracy to Advertise Child Pornography and sentenced as follows:
- Paul Wencewicz, age 49, Polson, Montana
Sentence – 220 months BOP, Lifetime Supervised Release, $29,859 restitution
- Scott Long, age 55, Portland, Oregon
Sentence – 200 months BOP, Lifetime Supervised Release, $29,859 restitution
- Steve Humiston, age 58, Tacoma, Washington
Sentence – 210 months BOP, Lifetime Supervised Release, $5,000 fine, $29,859 restitution
- Phillip Morris, age 43, Jeffersonville, Indiana
Sentence – 216 months BOP, Lifetime Supervised Release, $29,859 restitution
- Tony Bronson, age 55, Gary Indiana
Sentence – 224 months BOP, 10 years Supervised Release, $29,859 restitution
- Jeffrey Woolley, age 55, Nicholasville, Kentucky
Sentence – 180 months BOP, Lifetime Supervised Release, $29,859 restitution
- Charles Crosby, age 45, Trenton, New Jersey
Sentence – 210 months BOP, Lifetime Supervised Release, $29,859 restitution
- John Johnson, age 59, Locust Grove, Virginia
Sentence – 180 months BOP, Lifetime Supervised Release, $29,859 restitution
- Joseph Purificato, age 25, Mount Vernon, Missouri
Sentence – 180 months BOP, 10 years Supervised Release, $29,859 restitution
- Ian Nosek, age 44, Charlottesville, Virginia
Sentence – 216 months BOP, Lifetime Supervised Release, $29,859 restitution
- Robert Krise, age 67, Gaithersburg, Maryland
Sentence – 180 months BOP, Lifetime Supervised Release, $29,859 restitution
- John Merchberger, III, age 48, Dayton, Maine
Sentence – 220 months BOP, Lifetime Supervised Release, $5,000 fine
- Daniel Brown, age 27, Taylors, South Carolina
Sentence – 180 months BOP, Lifetime Supervised Release
- Marc Edoria age 24, Sacramento, California
Sentence – 180 months BOP, 10 years Supervised Release
- Tony Gustafson age 49, Hastings, Nebraska
Sentence – 200 months BOP, Lifetime Supervised Release
- Ryan Hatfield age 26, Mount Washington, Kentucky
Sentence – 180 months BOP, 10 years Supervised Release
- David Woods age 37, Corfu, New York
Sentence – 180 months BOP, 15 years Supervised Release
- Shawnston Beaudoin age 31, Kennesaw, Georgia
Sentence – 210 months BOP, Lifetime Supervised Release
The following defendants were convicted at trial of participating in a Child Exploitation Enterprise and Conspiracy to Advertise Child Pornography and were sentenced as follows:
- Joshua Petersen, age 45, Prescott, Arizona
Sentence – 220 months BOP, Lifetime Supervised Release, $29,859 restitution
- Steven Grovo, age 35, Shirley, Massachusetts
Sentence – 220 months BOP, Lifetime Supervised Release, $29,859 restitution
- Defendant Richard Pitts, age 28, from Cathedral City, California pled guilty to Conspiracy to Distribute Child Pornography and was sentenced to 84 months in the Bureau of Prisons and 15 years of supervised release.
The final defendant sentenced today as part of the operation in Missoula is Shawnston Beaudoin, 31, of Kennesaw, Georgia. Beaudoin pleaded guilty to the conspiracy charge on September 30, 2015. If called upon to prove its case at trial, the United States was prepared to demonstrate that Beaudoin became an active member of Dark Moon in October of 2012. He remained an advanced member of the board until April of 2013. During that time he posted to the advanced member section of the board. His posts included URL hyperlinks and preview images of child pornography. He also requested child pornography from other members, and responded to and commented on other members’ postings. Chief U.S. District Court Judge Dana Christensen presided over the sentencing.
“The predators on these illicit websites glorified the sexual assault of little girls and encouraged each other to share images of this terrible abuse," said Assistant Attorney General Caldwell. "For the victim children, this trauma lasts the rest of their lives. Thanks to the great partnership among federal, state and local law enforcement, these criminals will be punished for their vile crimes and prevented from harming other children."
“This collaboration of federal and state law enforcement agencies demonstrates the power of the ICACTF and the concerted strength we can bring to bear against these types of child predators when we combine forces,” said Michael Cotter, U.S. Attorney for the District of Montana. “These operations succeeded in bringing to justice a group of dangerous and sadistic individuals, some of whom had committed prior sex offenses against children. As a result of the operations, one threat against Montana’s children—and children everywhere—has been dismantled. We will continue this successful collaboration and our efforts to protect our children and our communities into the future.”
Other federal agency Task Force partners expressed a similar commitment. “The FBI is dedicated to protecting the most innocent amongst us,” said Eric Barnhart, Special Agent in Charge. “We will continue to work with our law enforcement partners at home and abroad to identify, locate, and arrest individuals who prey on children and then attempt to hide their illegal activities behind a veil of technology.”
“Our special agents with Homeland Security Investigations have investigated child sexual exploitation cases for many years,” added David A. Thompson, special agent in charge of HSI Denver, which oversees Montana. “However, in collaborated efforts with other law enforcement agencies like this investigation we sometimes uncover networks and are ultimately able to apprehend many predators in our communities, and rescue many traumatized child victims. We appreciate the opportunity to continue such investigations to protect the most innocent and vulnerable members of our society.”
State law enforcement agencies were similarly committed to the successful conclusion of the operations. “Bringing closure to this massive investigation sends a message to the cyber child pornography criminals,” said Bryan Lockerby of the Montana Division of Criminal Investigation. “There is no place to hide and no place where we can’t get you.”
Prosecutors for the United States are Assistant U.S. Attorney Cyndee L. Peterson along with Maureen C. Cain with the U.S. Department of Justice, Child Exploitation & Obscenity Section. The investigation is a cooperative effort between the Federal Bureau of Investigation, United States Department of Justice - Child Exploitation and Obscenity Section, Montana Department of Criminal Investigations, the Helena Police Department, Homeland Security Investigations, and the Montana Internet Crimes Against Children Task Force.
The Judgments in this case are the product of diligent work by the very dedicated and skilled professionals who were involved in Operation Kingdom Conqueror and Operation Moon Runner. Protection of the public is one of our primary missions in these cases. Children within the United States as well as around the world are safer because these boards have been taken down. As long as children continue to be sexually exploited through the use of the Internet and these bulletin boards, this office will remain committed to that mission,” concluded United States Attorney Cotter.
International Operation Concludes in Montana; Convicts 21 Defendants of Child Pornography-Related CrimesRead the Press Release
An international operation that led to the conviction of 21 defendants for child pornography-related crimes concluded today in the District of Montana. These defendants were involved in the sexual exploitation of children via two international online bulletin boards where members advertised, distributed, viewed and received images depicting child sexual exploitation.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Michael W. Cotter of the District of Montana, Special Agent in Charge Eric Barnhart of the FBI’s Salt Lake City Division, Special Agent in Charge David A. Thompson of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI) Denver Field Office and Division Administrator Bryan Lockerby of the Montana Division of Criminal Investigation made the announcement.
Operation Kingdom Conqueror began in 2011 when FBI agents and officers from the Internet Crimes Against Children Task Force (ICACTF) received a tip that ultimately led to the discovery of Kingdom of Future Dreams (KOFD), an online bulletin board operated by Paul Wencewicz, 49, of Polson, Montana, that members used to advertise and trade sexually explicit images of young girls. Between November 2009 and March 2012, Wencewicz and other members of the bulletin board sexually exploited hundreds of girls, both domestically and internationally, by trading images and videos of them.
The KOFD bulletin board was housed on a server in the Isle of Jersey. Through cooperation with local police and British authorities, the United States obtained the boards’ data, allowing U.S. federal agents to identify 13 defendants in the United States in addition to Wencewicz and conduct searches in New Jersey, Maryland, Missouri, Indiana, Virginia, Washington, Massachusetts, Kentucky, Arizona, Texas and California. This investigation revealed that eight of the 14 KOFD defendants were also members of a second child exploitation bulletin board called the Dark Moon, which involved a highly complex encryption scheme. After gaining access to the board in April 2013, agents identified additional members.
Today, the final defendant, Shawnston Beaudoin, 31, of Kennesaw, Georgia, was sentenced to 210 months in prison and lifetime supervised release. Beaudoin pleaded guilty to conspiracy to advertise child pornography on Sept. 30, 2015. In connection with his plea, Beaudoin admitted that he became an active member of Dark Moon in October 2012 and remained an advanced member of the board until April 2013. During that time, he posted hyperlinks and preview images of child exploitation to the advanced member section of the board. Beaudoin also requested child pornography from other members and responded to and commented on other members’ postings. Chief U.S. District Court Judge Dana Christensen of the District of Montana presided over the sentencing.
In addition to Beaudoin, the following individuals have been convicted of conspiracy to advertise child pornography and sentenced as follows:
- Paul Wencewicz, 49, of Polson, was sentenced to 220 months in prison and lifetime supervised release and was ordered to pay $29,859 in restitution;
- Scott Long, 55, of Portland, Oregon, was sentenced to 200 months in prison and lifetime supervised release and was ordered to pay $29,859 in restitution;
- Steve Humiston, 58, of Tacoma, Washington, was sentenced to 210 months in prison and lifetime supervised release and was ordered to pay a $5,000 fine and $29,859 in restitution;
- Phillip Morris, 43, of Jeffersonville, Indiana, was sentenced to 216 months in prison and lifetime supervised release and was ordered to pay $29,859 in restitution;
- Tony Bronson, 55, of Gary, Indiana, was sentenced to 224 months in prison and 10 years supervised release and was ordered to pay $29,859 in restitution;
- Jeffrey Woolley, 55, of Nicholasville, Kentucky, was sentenced to 180 months in prison and lifetime supervised release and was ordered to pay $29,859 in restitution;
- Charles Crosby, 45, of Trenton, New Jersey, was sentenced to 210 months in prison and lifetime supervised release and was ordered to pay $29,859 in restitution;
- John Johnson, 59, of Locust Grove, Virginia, was sentenced to 180 months in prison and lifetime supervised release and was ordered to pay $29,859 in restitution;
- Joseph Purificato, 25, of Mount Vernon, Missouri, was sentenced to 180 months in prison and 10 years supervised release and was ordered to pay $29,859 in restitution;
- Ian Nosek, 44, of Charlottesville, Virginia, was sentenced to 216 months in prison and lifetime supervised release and was ordered to pay $29,859 in restitution;
- Robert Krise, 67, of Gaithersburg, Maryland, was sentenced to 180 months in prison and lifetime supervised release and was ordered to pay $29,859 in restitution;
- John Merchberger III, 48, of Dayton, Maine, was sentenced to 220 months in prison and lifetime supervised release and was ordered to pay a $5,000 fine;
- Daniel Brown, 27, of Taylors, South Carolina, was sentenced to 180 months in prison and lifetime supervised release;
- Marc Edoria, 24, of Sacramento, California, was sentenced to 180 months in prison and 10 years supervised release;
- Tony Gustafson, 49, of Hastings, Nebraska, was sentenced to 200 months in prison and lifetime supervised release;
- Ryan Hatfield, 26, of Mount Washington, Kentucky, was sentenced to 180 months in prison and 10 years supervised release; and
- David Woods, 37, of Corfu, New York, was sentenced to 180 months in prison and 15 years supervised release.
The following defendants were convicted at trial of participating in a child exploitation enterprise and conspiracy to advertise child pornography and were sentenced as follows:
- Joshua Petersen, 45, of Prescott, Arizona, was sentenced to 220 months in prison and lifetime supervised release and was ordered to pay $29,859 restitution; and
- Steven Grovo, 35, of Shirley, Massachusetts, was sentenced to 220 months in prison and lifetime supervised release and was ordered to pay $29,859 in restitution.
Richard Pitts, 28, of Cathedral City, California, pleaded guilty to conspiracy to distribute child pornography and was sentenced to 84 months in prison and 15 years of supervised release.
“The predators on these illicit websites glorified the sexual assault of little girls and encouraged each other to share images of this terrible abuse,” said Assistant Attorney General Caldwell. “For the victim children, this trauma lasts the rest of their lives. Thanks to the great partnership among federal, state and local law enforcement, these criminals will be punished for their vile crimes and prevented from harming other children.”
“This collaboration of federal and state law enforcement agencies demonstrates the power of the ICACTF and the concerted strength we can bring to bear against these types of child predators when we combine forces,” said U.S. Attorney Cotter. “These operations succeeded in bringing to justice a group of dangerous and sadistic individuals, some of whom had committed prior sex offenses against children. As a result of the operations, one threat against Montana’s children—and children everywhere—has been dismantled. We will continue this successful collaboration and our efforts to protect our children and our communities into the future.”
The FBI, ICE-HSI, the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), the Montana Department of Criminal Investigations, the Helena, Montana, Police Department and Montana ICACTF investigated the case. CEOS Trial Attorney Maureen C. Cain and Assistant U.S. Attorney Cyndee L. Peterson of the District of Montana prosecuted the case. The Criminal Division’s Office of International Affairs also provided assistance.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Great Falls Roofer Sentenced to Seven Years in PrisonRead the Press Release
GREAT FALLS – The United States Attorney’s Office today announced that James Antonio Amato, 50, a Great Falls roofer, was sentenced to 88 months in federal prison followed by 4 years of supervised release by U.S. District Judge Brian Morris. Amato entered a guilty plea in September of 2015 to possession with intent to distribute methamphetamine. Amato faced a maximum sentence of 40 years in prison.
Assistant United States Attorney Jessica Betley told the court that in February 2015 the Russell Country Drug Task Force began to purchase methamphetamine from a local woman. Law enforcement later learned that James Amato had provided the woman with methamphetamine for redistribution in the Great Falls area. Over the next few months, the task force completed numerous undercover purchases of methamphetamine and determined that on each occasion Amato was the woman’s source for methamphetamine. On several occasions, while the woman was under surveillance, law enforcement observed her meet the defendant and obtain methamphetamine which the agents had arranged to purchase. Investigators also determined that Amato traveled to Helena, to meet his source, when he needed to replenish his supply of the drug.
On April 11, 2015, law enforcement stopped the defendant as he traveled back to Great Falls from Helena. Amato was searched and officers removed one-fourth of a pound of methamphetamine from his pants. The defendant told law enforcement that he frequently picked up methamphetamine in Helena in order to transport it back to Great Falls. Officers also found seven checks in the defendant’s truck made out from the defendant to the defendant’s supplier of methamphetamine in Helena for a total of $10,562.96.
Parole does not exist in the federal system so Amato will serve all of the 7 year sentence, except for a small reduction if he maintains good behavior while incarcerated. The investigation was conducted by the Russell Country Drug Task Force.
Idaho Man Sentenced to Five Years in Prison for Conspiracy to Distribute Meth in MissoulaRead the Press Release
MISSOULA – Stephon Elijah Coakley, 20, of Coeur d’Alene, Idaho, was sentenced today in Missoula federal court for conspiracy to possess with intent to distribute methamphetamine. Coakley was indicted on two drug related charges on March 20, 2015. On September 23, 2015, Coakley pleaded guilty to count I: conspiracy to possess with the intent to distribute controlled substances. Chief U.S. District Court Judge Dana Christensen sentenced Coakley to 60 months’ incarceration. Following his release, Coakley will be subject to four years of supervised release.
In an offer of proof filed by Assistant U.S. Attorney Cyndee Peterson, the government stated that if the case had proceeded to trial, the government would have demonstrated that between February and November of 2014, Coakley supplied meth to co-conspirator Yusuf Reeves and conspired with Reeves and two other co-conspirators to bring methamphetamine into Missoula County for distribution. During that time, the co-conspirators possessed and distributed 50 grams or more of a substance containing a detectable amount of methamphetamine.
This case was prosecuted by Assistant U.S. Attorney Cyndee Peterson and investigated by the Federal Bureau of Investigation, Montana Violent Crime Task Force, Missoula Street Crimes Unit, Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Johnston in Great Falls, on December 24, 2015 and entering pleas of Not Guilty were:
- SIOUX SUMMER NECKLACE, a 25-year-old resident of Poplar, appeared on charges of assault resulting in serious bodily injury. If convicted of the charge contained in the indictment, NECKLACE faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 15-88
- EVERETT TODD WHITE, a 47-year-old resident of Poplar, appeared on charges of conspiracy to possess with intent to distribute marijuana; possession with intent to distribute marijuana within 1,000 feet of a school, and distribution of marijuana. If convicted of the most serious charges contained in the indictment, WHITE faces 10 years in prison, $500,000 in fines and 4 years supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference. 15-89
Appearing before U.S. Magistrate Ostby in Billings, on December 23, 2015 and entering pleas of Not Guilty were:
- SARA MARIE CLARK, a 38-year-old resident of Laurel, appeared on charges of bank embezzlement. If convicted of the charge contained in the indictment, CLARK faces 30 years in prison, $1,000,000 in fines and 5 years supervised release. The case was investigated by the U.S. Secret Service. PACER Case Reference. 15-141
- MATTHEW LEE DUSTIN, a 35-year-old resident of Billings, appeared on charges of felon in possession of a firearm and possession of a stolen firearm. If convicted of the most serious charges contained in the indictment, DUSTIN faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 15-55
- ARTHUR CHARLES KESTNER, a 36-year-old resident of Billings, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, and possession with intent to distribute methamphetamine. If convicted of the most serious charges contained in the indictment, KESTNER faces 20 years in prison, $1,000,000 in fines and 3 years supervised release. The case was investigated by the FBI Drug Task Force and the Drug Enforcement Administration. PACER Case Reference. 15-144
Appearing before U.S. Magistrate Lynch in Missoula, on December 22, 2015 and entering pleas of Not Guilty were:
- COURTNEY A. COLLIER, a 33-year-old resident of Renton, Washington, appeared on charges of conspiracy to possess with intent to distribute oxycodone, possession with intent to distribute oxycodone, conspiracy to acquire or obtain possession of a controlled substance by deception and acquiring or obtaining possession of a controlled substance by deception. If convicted of the most serious charges contained in the indictment, COLLIER faces 20 years in prison, $1,000,000 in fines and 3 years supervised release. The case was investigated by the Drug Enforcement Administration. PACER Case Reference. 15-21
- RYAN DAVID HIPPENSTIEL, a 36-year-old resident of Hayden Lake, Idaho, appeared on charges of conspiracy to distribute methamphetamine, possession with intent to distribute methamphetamine, possession of a firearm in furtherance of a drug trafficking crime and felon in possession of a firearm. If convicted of the most serious charges contained in the indictment, HIPPENSTIEL faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation and the Montana Regional Violent Crime Task Force. PACER Case Reference. 15-36
Appearing before U.S. Magistrate Ostby in Billings, on December 18, 2015 and entering pleas of Not Guilty were:
- JON LEE FIGHTER, a 30-year-old resident of Pryor, appeared on charges of assault resulting in serious bodily injury and felony child abuse and neglect. If convicted of the most serious charges contained in the indictment, FIGHTER faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference. 15-75
- KODY GORDON WINFREY, a 42-year-old resident of Billings, appeared on charges of conspiracy to distribute and to possess with intent to distribute methamphetamine and possession with intent to distribute methamphetamine. If convicted of the most serious charges contained in the indictment, WINFREY faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the FBI Task Force. PACER Case Reference. 15-104
- MICHAEL SHAWN YATES, a 41-year-old resident of Billings, appeared on charges of possession with intent to distribute methamphetamine and distribution of methamphetamine. If convicted of the most serious charges contained in the indictment, YATES faces 20 years in prison, $1,000,000 in fines and 3 years supervised release. The case was investigated by the FBI Drug Task Force. PACER Case Reference. 15-65
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Ostby in Billings, on December 17, 2015 and entering pleas of Not Guilty were:
- CHERYL LAVONN HILARIO, a 65-year-old resident of Billings, appeared on charges of conspiracy to possess with intent to distribute and to distribute methamphetamine, and possession with intent to distribute methamphetamine. If convicted of the most serious charges contained in the indictment, HILARIO faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 15-138
Appearing before U.S. Magistrate Johnston in Great Falls, on December 15, 2015 and entering pleas of Not Guilty were:
- PAIGE LARANN DEMARCE, a 26-year-old resident of Fort Kipp, appeared on charges of bank employee fraud and aggravated identity theft. If convicted of the most serious charges contained in the indictment, DEMARCE faces 30 years in prison, $1,000,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation and Fort Peck Tribes Department of Law and Justice. PACER Case Reference. 15-82
- SARAH RAE LARSON, a 32-year-old resident of Trout Creek, appeared on charges of uttering counterfeit obligations. If convicted of the most serious charges contained in the indictment, LARSON faces 20 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the United States Secret Service. PACER Case Reference. 15-81
- AMANDA MIKHA CHERI ST. MARKS, a 21-year-old resident of Wolf Point, appeared on charges of bank employee fraud and aggravated identity theft. If convicted of the most serious charges contained in the indictment, ST. MARKS faces 30 years in prison, $1,000,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation and Fort Peck Tribes Department of Law and Justice. PACER Case Reference. 15-82
Appearing before U.S. Magistrate Johnston in Great Falls, on December 7, 2015 and entering pleas of Not Guilty were:
- MARIO JESUS PARRA CETINA, a 25-year-old resident of Seattle, Washington, appeared on charges of possession with intent to distribute methamphetamine, possession of a firearm in furtherance of a drug trafficking crime, and felon in possession of a firearm. If convicted of the most serious charges contained in the indictment, CETINA faces life in prison, $1,000,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 15-86
Appearing before U.S. Magistrate Johnston in Great Falls, on December 4, 2015 and entering pleas of Not Guilty were:
- SILAS JOHN DRUM, a 48-year-old resident of Brockton, appeared on charges of aggravated sexual abuse and abusive sexual contact. If convicted of the most serious charges contained in the indictment, DRUM faces life in prison, $250,000 in fines and lifetime supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 15-84
- TY ROBERT GRAY, a 22-year-old resident of Browning, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, and distribution of methamphetamine. If convicted of the most serious charges contained in the indictment, GRAY faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference. 15-83
- LATONNA MARIE SPOTTED EAGLE, a 43-year-old resident of Browning, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, and distribution of methamphetamine. If convicted of the most serious charges contained in the indictment, SPOTTED EAGLE faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference. 15-83
Appearing before U.S. Magistrate Lynch in Missoula, on December 2, 2015 and entering pleas of Not Guilty were:
- JAY WILLIAM ISLES, SR., a 52-year-old resident of Kalispell, appeared on charges of illegal export/attempted illegal export, and mailing firearms. If convicted of the most serious charges contained in the indictment, ISLES faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Postal Inspection Service, and Immigration and Customs Enforcement. PACER Case Reference. 15-32
- TANNA LEE MEAGHER, a 25-year-old resident of Kalispell, appeared on charges of illegal export/attempted illegal export, felon in possession of firearms, straw purchase/false statement in connection with a firearms transaction, and mailing firearms. If convicted of the most serious charges contained in the indictment, MEAGHER faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Postal Inspection Service, and Immigration and Customs Enforcement. PACER Case Reference. 15-32
- BRIAN SPAIN., a 29-year-old resident of Kalispell, appeared on charges of illegal export/attempted illegal export, felon in possession of firearms, transferring firearms to a prohibited person, dealing firearms without a license, unlawful transfer of firearms to an out-of-state resident, possession of firearms with obliterated serial numbers, and mailing firearms. If convicted of the most serious charges contained in the indictment, SPAIN faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Postal Inspection Service, and Immigration and Customs Enforcement. PACER Case Reference. 15-32
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Billings Man Convicted of Felon in Possession of FirearmsRead the Press Release
BILLINGS – Following a two day federal trial, a Montana jury found Ryan Anthony Cislo, most recently of Billings, guilty of being a felon in possession of firearms on Thursday. Judge Susan Watters presided over the trial. Sentencing has been set for March 23, 2016.
Cislo was indicted by a grand jury in December of 2014 on two counts, which included the felon in possession charge as well as a possession of stolen firearms charge. At trial, the government introduced evidence that in June of 2014, Cislo was being supervised for a 2009 felony conviction from Flathead County. He had been released from custody in May of 2014, and was periodically living in the home of his girlfriend’s mother between May 7 and June 9. The homeowner called Cislo’s probation officer on June 9 to report that Cislo had shown her three handguns and requested that the officer come to her home to search Cislo’s belongings and remove the firearms.
Four officers with Montana Probation and Parole responded and searched the room that Cislo had been using. Cislo was not present during the search. The officers found two handguns stuffed between the mattress and the box spring of the bed. One of the guns was loaded and had a live round in the chamber. The other contained a loaded magazine. The officers also found a Sentry gun safe and a wallet containing Cislo’s driver’s license, Social Security card, and various credit cards. Through a seam in the safe, the officers could see that it contained at least ammunition.
Because they had only found two of the three reported firearms, the officers called in an officer with the Bureau of Alcohol, Tobacco, Firearms & Explosives to assist with the search. The ATF officer pried open the gun safe and found a .22 caliber derringer inside along with multiple rounds of ammunition of varying caliber. All together, the firearms included a Taurus .45 caliber semi-automatic pistol, a Hi-Point 9mm caliber semi-automatic pistol, and a Cobra .22 caliber derringer.
In a subsequent interview with law enforcement, Cislo denied ever living at the house in question or knowing anything about the firearms found there. However, he had listed the address where the firearms were located as his residence on a monthly probation report from May 2014 and stated later in a jail call admitted at trial that he had stayed at the residence for at least ten nights.
The case was prosecuted by Assistant U.S. Attorneys John Sullivan and Lori Suek. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and Montana Probation and Parole.
Lame Deer Man Convicted of RapeRead the Press Release
BILLINGS – Following a two day federal trial, a Montana jury found Olaf James Haugen, 29, of Lame Deer, guilty of aggravated sexual abuse on Tuesday. Judge Susan Watters presided over the trial. A date for sentencing has not been set.
Haugen was indicted by a grand jury in January on the single count of aggravated sexual abuse. At trial, the government introduced evidence that Haugen physically and sexually assaulted the victim in August of 2013. A dispute started when the victim confronted Haugen about his drug abuse. Haugen became angry. He threatened to kill the victim with a pocket knife, raped her, hit her several times and bit her on the back. The assault started on the evening of August 31 and continued into the next morning.
The assault was heard by an individual in the adjoining room, but was not reported by that individual. Later, another individual came to the house and overheard the assault continuing. She reported the assault to the BIA and an officer responded to the scene. When the officer arrived, the victim opened a window and asked the officer to help her because Haugen was beating her up. Haugen initially refused to allow the officer into the room and threatened to stab himself, but eventually calmed down and was arrested.
The victim was examined by Indian Health Services after the assault. Her injuries included abrasions and contusions consistent with being struck, a large bite mark on her back and an abrasion on her throat consistent with having a knife held against it. The victim did not initially disclose the rape but was convinced by a family member to do so and reported the rape two days later. Haugen claimed the intercourse was consensual but gave conflicting accounts of the incident at trial and to investigating officers following his arrest.
The case was prosecuted by Assistant U.S. Attorney John Sullivan. The case was investigated by the FBI and the Bureau of Indian Affairs.