District of Montana
Press releases recorded for this federal judicial district.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office and the Occupational Safety and Health Administration (OSHA) today announced that the person and corporations listed below were arraigned before the U.S. Magistrate on the Information filed in U.S. District Court.
Appearing before U.S. Magistrate Judge Lynch in Missoula on April 1, 2014 and entering pleas of Not Guilty were:
- rtin Romano, President and Registered Agent of MR Asphalt, Inc. located in Victor, MT, appeared on charges of violation of safety standard causing death of an employee. If convicted of the charge contained in the Information, ROMANO faces up to 6 months imprisonment, and a $10,000 fine. PACER Case Reference: 14-05
- Asphalt, Inc. appeared through its registered agent on charges of violation of safety standard causing death of an employee. If convicted of the charge contained in the Information, MR Asphalt, Inc. faces a maximum penalty of a $500,000 fine. PACER Case Reference: 14-05
The Information is merely a formal charging document. It is not proof of guilt and all persons indicted are presumed to be innocent of any crime until proof of guilt is established by trial or guilty plea.
The U.S. Attorney's Office is currently transitioning its media program to new media contacts. Resources and this transition may affect the amount of information the office can process and
Therefore, 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 today 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 March 25, 2014 and entering pleas of Not Guilty were:
- LSUM MANLEY CAIBAIOSAI, a 35-year-old resident of Hobbema, Alberta, appeared on charges of theft of government property and false statements. If convicted of the most serious charge contained in the indictment, Caibaiosai faces 10 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the U.S. Department of Agriculture Office of Inspector General. PACER Case Reference: 13-44
- AN DALE FREESE, a 47-year-old resident of Billings, appeared on charges of sexual abuse of a minor. If convicted of the charge contained in the indictment, FREESE faces life imprisonment, $250,000 in fines and lifetime supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 14-19
- LE HANDRAN, a 33 year-old resident of Scobey, appeared on charges of acquiring a controlled substances by fraud, forgery, deception. If convicted of the charge contained in the indictment, HANDRAN faces 4 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the Drug Enforcement Administration. PACER Case Reference: 14-36
- N WILLARD HUNN, a 47 year-old resident of Great Falls, appeared on charges of distribution of Vicodin resulting in death, distribution of Vicodin, Soma, Ambiem, and Xanax, and distribution of dextro-amphetamine. If convicted of the most serious charges contained in the indictment, HUNN faces 20 years imprisonment, $1,000.000 in fines and 3 years supervised release. PACER Case Reference: 14-28
- NSING ZACHARY ROCK ABOVE, a 29-year-old resident of Crow Agency, 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, ROCK ABOVE faces 10 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference: 14-35
- VA ESTELLE THREE IRONS, a 23-year-old resident of Crow Agency, appeared on charges of assault resulting in serious bodily injury. If convicted of the charge contained in the indictment, THREE IRONS faces 10 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference: 14-34
Appearing before U.S. Magistrate Lynch in Missoula on March 26, 2014 and entering pleas of Not Guilty were:
- RRY WARREN ERVIN, JR., a 38-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, ERVIN, faces 40 years imprisonment, $5,000,000 in fines and 4 years supervised release. The case investigated by the Missouri River Drug Task Force. PACER Case Reference: 14-04-BU-DLC
Appearing before U.S. Magistrate Holter in Great Falls on March 27, 2014 and entering pleas of Not Guilty were:
- GAN ROSE FLYING, a 26-year-old resident of Harlem, 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, FLYING faces 20 years imprisonment, $1,000,000 in fines and 3 years supervised release. The case was investigated by the Drug Enforcement Administration. PACER Case Reference: 14-16
- AN ANTONIO MALDONADO-AXUME, a 23-year-old resident of Honduras, 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, MALDONADO-AXUME faces 20 years imprisonment, $1,000,000 in fines and 3 years supervised release. The case was investigated by the Drug Enforcement Administration. PACER Case Reference: 14-16
Appearing before U.S. Magistrate Ostby in Billings on March 27, 2014 and entering pleas of Not Guilty were:
- IAN KEITH HARVEY, a 41 year-old resident of Billings, appeared on charges of being a felon in possession of a firearm. If convicted of the charge contained in the indictment, HARVEY faces 10 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco and Firearms. PACER Case Reference: 14-29
Appearing before U.S. Magistrate Lynch in Missoula on March 27, 2014 and entering pleas of Not Guilty were:
- AD JEFFREY HENDRIX, a 28-year-old-resident of Missoula, appeared on charges of possession of stolen firearms. If convicted of the charge contained in the indictment, HENDRIX faces 10 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated was conducted by the Bureau of Alcohol, Tobacco and Firearms and Missoula Police Department. PACER Case Reference: 14-06
- LISSA A. WALLACE: a 28 year-old-resident of Billings, appeared on charges of wire fraud, theft of government property, and fraud. If convicted of the most serious charges contained in the indictment, WALLACE faces 20 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the U.S. Department of Agriculture Office of Inspector General. PACER Case Reference: 14-13
The indictment is merely a formal charging document. It is not proof of guilt and all persons indicted are presumed to be innocent of any crime until proof of guilt is established by trial or guilty plea.
The U.S. Attorney's Office is currently transitioning its media program to new media contacts. Resources and this transition may affect the amount of information the office can process and disclose in a timely manner. Therefore, 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.
United States Attorney Announces “Working Hard, Making A Difference” Award WinnerRead the Press Release
The United States Attorney for the District of Montana Michael W. Cotter announced today that Bureau of Indian Affairs (BIA) Victim Specialist Wendy Bremner, of Browning Montana, is the District of Montana's "Working Hard, Making A Difference" award winner. The award was created to recognize individuals in Indian Country who have made significant contributions to public safety.
Wendy Bremner is one of nine Native Americans, nationwide, that work as BIA Victim Specialists. As a Victim Specialist, Bremner helps crime victims navigate within the criminal justice system assuring that crime victims' rights are honored.
Bremner is an exceptional Victim Specialist" said United States Attorney Michael Cotter, "She addresses the needs of crime victims in a caring and professional way, enabling her
The volume of work in Blackfeet is breathtaking. Despite the great needs, Bremner is tireless. She is a reliable and valuable partner to the law enforcement team at Blackfeet. She has touched hundreds of lives. We are grateful for her service."
BIA Victim Specialist Supervisor Linda Bearcrane said, "Wendy's role as a Victim Specialist is devoted to helping Native Americans during very traumatic circumstances. The Office of Justice Services is fortunate to have Wendy as a victim services provider who treats victims with dignity and respect. I am delighted that Wendy Bremner is being recognized for the outstanding service she provides the people of Blackfeet Reservation."
For more information regarding the BIA's Victim Services Office:
- tp://www.bia.gov/WhoWeAre/BIA/OJS/VictimServices/index.htm
For a Digital Story Telling Workshop video featuring Wendy Bremner:
- tps://www.youtube.com/watch?v=G7AVc9CdOD0
Information: Federal Court Initial AppearancesRead the Press Release
The United States Attorney's Office today announced that the following individuals have been arrested, charged, and made initial appearances on criminal complaints in "Operation Pale Mule." If convicted of the most serious charges in the complaints, each defendant faces possible penalties of life imprisonment, five years supervised release and $10,000,000 in fines. The investigation is a cooperative effort between the Federal Bureau of Investigation, Montana Division of Criminal Investigation, and the Eastern Montana High Intensity Drug Task Force. The prosecution is part of Project Safe Bakken, a cooperative effort between federal and state prosecutors and federal, state, local, and tribal law enforcement agencies in Montana and North Dakota.
- Casey Patrick Fleming
- Age: 41
- Hometown: Taft, California
- Charge: Conspiracy to Possess Methamphetamine with Intent to Distribute (21 U.S.C. � 846 & 841)
- Desiree Margarita Jimenez
Age: 30
o Hometown: Taft, California
o Charge: Conspiracy to Possess Methamphetamine with Intent to Distribute (21 U.S.C. � 846 & 841)
- Mario Albert Villegas
o Age: 31
o Hometown: Los Angeles, California
o Charge: Conspiracy to Possess Methamphetamine with Intent to Distribute (21 U.S.C. � 846 & 841)
- David Delcarmen
o Age: 32
o Hometown: Los Angeles, California
o Charge: Conspiracy to Possess Methamphetamine with Intent to Distribute (21 U.S.C. � 846 & 841)
- Gerardo Lopez Martinez
o Age: 35
o Hometown: Los Angeles, California
o Charge: Conspiracy to Possess Methamphetamine with Intent to Distribute (21 U.S.C. � 846 & 841)
- Kathrine Sue Neel a/k/a Catherine Sue Neel
o Age: 49
o Hometown: Taft, California
o Charge: Conspiracy to Possess Methamphetamine with Intent to Distribute (21 U.S.C. � 846 & 841)
- Cody William Simpson
o Age: 25
o Hometown: Taft, California
o Charge: Conspiracy to Possess Methamphetamine with Intent to Distribute (21 U.S.C. � 846 & 841)
- David Lee Barnard, Jr.
o Age: 43
o Hometown: Billings, Montana
o Charge: Conspiracy to Possess Methamphetamine with Intent to Distribute (21 U.S.C. � 846 & 841)
- David Lee Goffena
o Age: 45
o Hometown: Roundup, Montana
o Charge: Conspiracy to Possess Methamphetamine with Intent to Distribute (21 U.S.C. � 846 & 841)
- Kirsta Elaine Goffena
o Age: 38
o Hometown: Roundup, Montana
o Charge: Conspiracy to Possess Methamphetamine with Intent to Distribute (21 U.S.C. � 846 & 841)
- Brandon Scott Robey
o Age: 38
o Hometown: Billings, Montana
o Charge: Conspiracy to Possess Methamphetamine with Intent to Distribute (21 U.S.C. � 846 & 841)
A criminal complaint is merely a written statement of the essential facts constituting the offense(s) charged. It is not proof of guilt and all persons charged are presumed to be innocent of any crime until proof of guilt is established by trial or guilty plea.
The U.S. Attorney's Office is currently transitioning its media program to new media contacts. Resources and this transition may affect the amount of information the office can process and disclose in a timely manner.
Therefore, 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.
Jordan Linn Graham Sentenced to 30 Years in PrisonRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula on March 27, 2014, JORDAN LINN GRAHAM, 22, of Kalispell, was sentenced to 360 months in prison, followed by 5 years supervised release by Senior U.S. District Judge Donald Molloy. The sentence follows Graham's mid-trial guilty plea to second degree murder. Jordan Linn Graham filed a motion to withdraw her guilty plea on March 26, 2014. The motion was denied today by the trial judge.
Cody Johnson married Jordan Graham in Kalispell on June 29, 2013. The day after the wedding, Graham began to tell a friend that she "totally had a meltdown" and was having second thoughts concerning her marriage to Cody and wondered "what the heck I just did this all for."
At trial, several witnesses testified that on July 7, 2013 Cody said Graham had a surprise planned for him later that day. Graham lured Cody to Glacier National Park with the promise of a big surprise and pushed him from a cliff to his death. After providing several false statements to law enforcement officers and impeding the investigation by providing false information, Graham ultimately admitted pushing Cody from behind with both hands.
On July 8, 2013, multiple people reported Cody missing to the Kalispell Police Department, but the defendant was not one of them. During the next few days the defendant continued to communicate with numerous people in the Kalispell community, often via text message, about what had happened to Cody. As demonstrated at trial through witness testimony and admitted exhibits, the defendant continued to impress upon friends and family that Cody had left with friends. She continued to tell this story via text messages, including with Cody's mother.
Convincing evidence at trial established that on the morning of July 10, 2013, the defendant created an email account entitled "carmontony607" using Google from her parent's residence in Kalispell. A few minutes after that account was established, the defendant emailed herself the following message:
Hello Jordan, My name is Tony. There is no bother in looking for Cody anymore. He is gone. I saw your post on twitter and thought I would email you. He had come with some buddies and met up with me on Sunday night in Columbia Falls. He was saying he needed to be with buddies for a bit and take them for a joy ride before they had to go. So he said bye to me and they took off in a black car for a ride. 3 of the other guys came back saying they had gone for a ride in the woods somewhere and Cody got out of the car and went for a little hike and they are positive he fell and he is dead Jordan. I don't know who the guys were but they took off. So call off the missing person report. Cody is for sure gone. -Tony."
Because the defendant did not identify the location of Cody's body until the evening of July 11, 2013, law enforcement were not able to recover Cody's body until the next day, on July 12, 2013. The recovery of Cody's body was a substantial undertaking, requiring National Park staff overtime and the retention of specialized equipment. As testified by a number of law enforcement at trial, Cody's body was located at the bottom of an approximately 300-foot cliff and located, face-down, in a shallow creek. Cody's body was ultimately lifted from the bottom of the ravine by a special-lift helicopter that had to be retained for this specific purpose.
The investigation was a cooperative effort between the Federal Bureau of Investigation, National Park Service, Kalispell Police Department, Flathead County Sheriff's Office and Parks Canada. "These agencies worked as one and are to be commended for their tireless efforts to bring justice to this case, to Cody Johnson and to his family and friends.
The conviction of Graham happened because of the incredible investigative team and a hard-working and talented trial team which worked tirelessly to propel this case to a right and just conclusion.
The US Department of Justice and the Montana United States Attorney's Office extend our profound appreciation and thank you to the agents and officers involved in this investigation." --United States Attorney Michael Cotter.
U.S. Attorney’s Office to Host Press Conference After Jordan Graham Sentencing in Missoula on March 27, 2014Read the Press Release
The United States Attorney for the District of Montana, Michael W. Cotter, announced today his office will host a press conference on Thursday, March 27, 2014, at 11:00 am or immediately following the sentencing of Jordan Graham in the Missoula U.S. Attorney's Office, located at 105 E. Pine, 2nd Floor, Missoula, Montana.
Press conference attendees are expected to include the United States Attorney for the District of Montana, Michael Cotter, representatives from the Federal Bureau of Investigation, National Park Service and the Kalispell Police Department.
Contact Keri Leggett at [email protected] with any questions.
Wolf Point Man Sentenced to 10.5 Years for Molesting and Photographing ChildRead the Press Release
The United States Attorney's Office announced today after molesting and taking sexually explicit pictures of a child for two years, WAYLON NOVELLE BLOUNT, 36, of Wolf Point, was sentenced in federal court on March 18, 2014, to ten and a half years in prison and fifteen years supervised release by U.S. District Court Judge Brian M. Morris.
Blount pleaded guilty to abusive sexual contact and possession of child pornography, after it was discovered he had molested a child and forced her to wear women's panty hose over the course of ages 10 to 12-year-old. After forcing her to put on pantyhose, he would direct her to pose in sexual positions as he took photographs. Judge Morris addressed the defendant at sentencing, describing Blount's actions as "morally reprehensible."
In 2012, when the victim was 12-years-old, Blount was trying to molest her when she fled and called 911 as she hid behind a house in Wolf Point, Montana. Police found her crying and shaking. She was interviewed and identified Blount as the person who has assaulted her and gave graphic details of times and places in which she had been molested. as well as molestation the night before she fled and called 911.
Because there is no parole in the federal system, the (truth in sentencing( guidelines mandate that Blount will likely serve all of the time imposed by the court. In the federal system, Blount does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a joint effort by the Federal Bureau of Investigation and the Fort Peck Tribes Department of Law and Justice.
Social Security Fraud Scheme Leads to Federal Conviction and Almost $42,000 in RestitutionRead the Press Release
The United States Attorney's Office announced that on March 20, 2014, FLORENCE IRENE JARA, 52, of Billings, was ordered to serve a term of five years of probation, pay $41,984.60 in restitution to the Social Security Administration, and perform 275 hours of community service, by U.S. District Judge Susan Watters.
In the prosecution's sentencing memorandum, Assistant U.S. Attorney Chad C. Spraker told the Court that Patricia Lennon was the beneficiary of Title II Social Security Administration (SSA) benefits, also known as the Old Age, Survivors and Disability Insurance (OASDI) program. Under the OASDI program, Patricia Lennon's son was also entitled to OASDI benefits. Lennon was appointed by SSA to be her son's representative payee, a position created by SSA when a beneficiary is unable to handle his or her own affairs due to age or disability. Patricia Lennon's son was entitled to benefits until he was eighteen, but as a minor, his benefits generally had to be paid through a representative payee accountable to SSA's rules. Prior to her death on May 19, 2010, Lennon added Jara as a joint account holder on a Valley Federal Credit Union account into which SSA was depositing the OASDI benefits. SSA, unaware of Patricia Lennon's death, continued making monthly deposits of approximately $1100 for Patricia Lennon and $1000 to Patricia Lennon as her son's representative payee.
In or about September 2011, SSA sent a representative payee accounting form to Lennon. Receiving no response, SSA suspended the $1000 monthly payment for Patricia Lennon's son. On March 2, 2012, a Valley Federal Credit Union employee called SSA to inquire about the benefits being deposited into the account. After discovering that Patricia Lennon had died, SSA requested a return of the OASDI benefits deposited into the account. Valley Federal Credit Union froze the account and called Jara concerning SSA's request to reclaim the benefits. Jara falsely claimed that she had already notified SSA of Patricia Lennon's death. On July 19, 2012, Jara was interviewed by federal investigators at her home in Billings. Jara stated that she knew Patricia Lennon was receiving SSA benefits and for her son when Jara was added to the VFCU account. After September 2010 Jara began spending the SSA money for her own personal needs. According to the Presentence Report, Jara later admitted that over the course of 18 months, she personally spent $18,000 in SSA funds.
In her interview with law enforcement agents, Jara further stated that she knew it was wrong to take the SSA benefits after Patricia Lennon's death, and she should have gone to SSA. Nevertheless, she also claimed that a probate attorney told her not to tell SSA about Patricia Lennon's death until after Jara obtained guardianship of Patricia Lennon's son. On August 21, 2013, a federal agent interviewed the attorney who advised that he had attempted to carry out Patricia Lennon's instruction to establish Jara as the guardian of Patricia Lennon's son, but the guardianship was never implemented. The attorney advised the agent that he never spoke with Jara, but if he had, he would have never instructed her not to report Patricia Lennon's death to SSA, as that is generally one of the first things he advised his clients to do.
The investigation was conducted by the Social Security Administration, Office of Inspector General.
Salway Sentenced for Killing Man with Her VehicleRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, Montana, on March 18, 2014, before U.S. District Judge Brian M. Morris, BRANDY LEE SALWAY, 23, of Browning, was sentenced to a term of 36 months imprisonment, three years supervised release, and a special assessment of $100.
Salway was sentenced because she killed a man, after she ran him over with her vehicle. In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government would have proven that Salway was traveling over 55 miles per hour in a neighborhood with a 15 mile-per-hour zone. She had a BAC of .193, and there was THC and methamphetamine detected in her blood. The victim was pronounced dead at the scene of the crash.
Salway pleaded guilty to Involuntary Manslaughter. In a sentencing memorandum, Weldon told the Court, "Drunk driving in Montana and other states has garnered considerable attention. The highways and neighborhood roadways are shared by families, children, and pedestrians alike. Every time a drunk driver sits behind the wheel, tragedy looms. It, however, is a guarantee when a drunk, drugged, and angry driver travels over 55 miles per hour in a 15 mile-per-hour speed zone."
The Court sentenced Salway to 36 months of imprisonment, with three years of supervised release to follow. Because there is no parole in the federal system, the truth in sentencing guidelines mandate that Salway will likely serve all of the time imposed by the court. In the federal system, Salway 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 investigation was conducted by the Federal Bureau of Investigation.
Middle School Teacher Sentenced for Sexually Assaulting StudentRead the Press Release
The United States Attorney's Office announced that TYRELL LEE BALIBARDIN, 22, of Browning, Montana, was sentenced to a term of 30 months imprisonment, five years supervised release, and a special assessment of $100 during a federal court hearing in Great Falls, Montana, on March 18, 2014, before U.S. District Judge Brian M. Morris.
BALIBARDIN was sentenced in connection with his December 17, 2013, guilty plea to sexual abuse of a minor. In an Offer of Proof, Assistant U.S. Attorney Ryan Weldon stated it would have proved that BALIBARDIN was a substitute teacher for the Technology Class at Browning Middle School. BALIBARDIN began a sexual relationship with his student that included vaginal and oral sex.
At sentencing, the government stated, "Teachers exist to nurture and help their students to explore the world. No part of that job description includes having sexual intercourse. Mr. Balibardin violated that rule, breaching the trust of the school, parents, and the community."
The District Court sentenced BALIBARDIN to 30 months of imprisonment, with five years of supervised release to follow. BALIBARDIN will also be required to register as a sexual offender.
Because there is no parole in the federal system, the truth in sentencing guidelines mandate that BALIBARDIN will likely serve all of the time imposed by the court. In the federal system, BALIBARDIN 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.
U.S. Attorney Mike Cotter said the sentence, which was within the federal advisory sentencing guideline range, reflected the seriousness of the crime and the need to protect children from those who abuse and take advantage of a position of trust. "Children are the most treasured, yet most vulnerable, members of the tribal community. They are made even more vulnerable when they are told to trust, respect, and obey those in positions of authority, like teachers. The sexual abuse of children is most destructive when committed by people entrusted with their care."
This case was investigated by the Federal Bureau of Investigation.
Member of Bakken Drug Ring Sent to Federal PrisonRead the Press Release
The United States Attorney's Office announced that SEAN MICHAEL VAIRA, 30, of Billings, was sentenced to 37 months in prison followed by 3 years supervised release by U.S. District Judge Susan Watters on March 13, 2014. The defendant previously pled guilty to possession with intent to distribute methamphetamine.
Assistant U.S. Attorney Joe Thaggard told the Court in an Offer of Proof that in early 2013, the Montana Division of Criminal Investigation (MDCI), the Drug Enforcement Administration (DEA) and Sidney, Montana Police Department began to investigate a drug trafficking network operating in Sidney and Fairview, Montana. That investigation revealed that Sean Vaira was involved in the drug trafficking network.
On August 7, 2013, the Vaira was interviewed by MDCI Agents and told agents that in approximately December of 2012, he met a methamphetamine dealer based in Sidney. Vaira admitted that between late December 2012 or early January 2013, and mid-March of 2013, he drove that drug dealer to meetings in Butte and Missoula at which the drug dealer obtained a total of approximately one and one-half pounds of methamphetamine and which the drug dealer then distributed in Big Timber and Sidney.
The Defendant stated that, in approximately mid-April 2013, he obtained approximately seven grams of methamphetamine from a drug dealer in Fairview which he in turn distributed to others. Vaira said that several days later, at the behest of that drug dealer, he drove to Butte and obtained one-half pound of methamphetamine which he then drove to Sidney and distributed some of the drugs to the Fairview-based drug dealer and some of the drugs to others he knew in the Sidney area.
Several days later, Vaira made another drug run to Butte and obtained another half-pound of methamphetamine which he brought back to the Fairview-based drug dealer and other drug dealers in the Sidney area.
Livingston Man Sentenced to Prison for Possession of MethamphetamineRead the Press Release
The United States Attorney's Office announced that on March 20, 2014, GRADEN ROY NORLIN, 59, of Livingston, was ordered to serve a term of 57 months in prison followed by 3 years supervised by U.S. District Judge Sam Haddon. The sentence is a result of Norlin's December 2013 guilty plea to possession with intent to distribute methamphetamine.
In the prosecution's sentencing memorandum, Assistant U.S. Attorney Paulette Stewart stated that beginning in approximately November of 2011, law enforcement began to gather information which indicated that Norlin was dealing methamphetamine in Billings and Livingston, Montana. The investigation uncovered that Norlin(s source of supply was located in Billings, Montana. Norlin traveled from Livingston to Billings to obtain methamphetamine for distribution. During one such trip on January 31, 2012, law enforcement stopped Norlin on his way back to Livingston from Billings and searched his truck. In Norlin(s truck law enforcement found 31.8 grams of suspected methamphetamine. The suspected methamphetamine was sent to the DEA Laboratory. The lab results confirmed that the substance found in Norlin's truck was 26.4 grams of actual (pure) methamphetamine. The confiscated methamphetamine was intended to be distributed to Norlin's customers.
Lester Sentenced to PrisonRead the Press Release
The United States Attorney's Office announced that on March 20, 2014, KEITH EDWARD LESTER, 44, of Sidney, was ordered to serve a term of 30 months in prison followed by 3 years supervised by U.S. District Judge Susan Watters. The sentence is a result of Lester's December 2013 guilty plea to possession with intent to distribute methamphetamine.
In the prosecution's sentencing memorandum, Assistant U.S. Attorney Joe Thaggard stated in early 2013, member of the Montana Division of Criminal Investigation (MDCI), the Sidney, Montana Police Department, and the Drug Enforcement Administration (DEA) began to investigate a drug trafficking ring operating in Sidney, Montana. The investigation disclosed that the Defendant and his son, Kyle Lester, were associated with the drug trafficking ring and were distributing methamphetamine in and around Sidney;
In June 2012, members of the MDCI and the Sidney Police Department interviewed the Defendant. The Defendant stated that, in July 2012, Kyle Lester met Robert Armstrong. The Defendant stated that Robert Armstrong began to provide methamphetamine to Kyle Armstrong shortly thereafter. The Defendant further stated that, in approximately September 2012, he met Armstrong.
The Defendant stated that, after meeting Armstrong, he then began to receive methamphetamine from Armstrong. The Defendant stated that he, in turn, distributed that methamphetamine in and around Sidney.
In July 2013, members of the MDCI and the Sidney Police Department interviewed Kyle Lester. He confirmed that Robert Armstrong was an associate who provided methamphetamine to him. Kyle Lester stated that he provided some of that methamphetamine to the Defendant for redistribution.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office today 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 18, 2014 and entering pleas of Not Guilty were:
- DEBRA McKINNEY, a 47-year-old resident of Corvallis, appeared on charges of wire fraud and aggravated identity theft. If convicted of the most serious charges contained in the indictment, McKINNEY faces 20 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the U.S. Secret Service. PACER Case Reference: 14-11
- JAMES LESLIE VAUGHN, a 48-year-old resident of Charlo appeared on Clean Water Act violations and obstruction of justice. If convicted of the most serious charges contained in the indictment, VAUGHN faces 20 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the U.S. Environmental Protection Agency and Montana Department of Environmental Quality. PACER Case Reference: 14-09
Appearing before U.S. Magistrate Judge Strong in Great Falls on March 18, 2014 and entering pleas of Not Guilty were:
- CHARLES W. PREE, a 48-year-old resident of Browning, appeared on charges of wire fraud, theft of government property and false statements. If convicted of the most serious charges contained in the indictment, PREE faces 20 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the U.S. Department of Agriculture Office of Inspector General. PACER Case Reference: 14-08
- JOANNE STILL SMOKING, a 21-year-old resident of Browning, appeared on charges of wire fraud, theft of government property and false statements. If convicted of the most serious charges contained in the indictment, STILL SMOKING faces 20 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the U.S. Department of Agriculture Office of Inspector General. PACER Case Reference: 14-08
Appearing before U.S. Magistrate Judge Ostby in Billings on March 20, 2014 and entering pleas of Not Guilty were:
- JAMES EDWARD DEMPSTER, a 33-year-old resident of Big Timber, appeared on charges of conspiracy 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, DEMPSTER faces 20 years imprisonment, $1,000,000 in fines and 3 years supervised release. The investigation was a cooperative effort of the Drug Enforcement Administration, Montana Division of Criminal Investigations, Sweet Grass County Sheriff's Office, Montana Highway Patrol, Sidney Police Department and Richland County Sheriff's Office. PACER Case Reference: 14-26
- BRIAN KETIH SALMON, a 44-year-old resident of Williston, ND, appeared on charges of possession with intent to distribute methamphetamine and conspiracy to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, SALMON, faces 40 years imprisonment, $5,000,000 in fines and 5 years supervised release. The investigation was a cooperative effort of Montana Division of Criminal Investigations, the Drug Enforcement Administration and the Federal Bureau of Investigation. PACER Case Reference: 14-23
Appearing before U.S. Magistrate Judge Lynch in Missoula on March 20, 2014 and entering pleas of Not Guilty were:
- PAUL WENCEWICZ, a 47-year-old resident of Polson, appeared on charges of conspiracy to advertise child pornography. If convicted of the charge contained in the indictment, WENCEWICZ faces 30 years imprisonment, $250,000 in fines and lifetime supervised release. The investigation was a cooperative effort of the Federal Bureau of Investigation, Homeland Security Investigations, Montana Division of Criminal Investigations, and Montana Internet Crimes Against Children Task Force. PACER Case Reference: 14-14
The indictment is merely a formal charging document. It is not proof of guilt and all persons indicted are presumed to be innocent of any crime until proof of guilt is established by trial or guilty plea.
The U.S. Attorney's Office is currently transitioning its media program to new media contacts. Resources and this transition may affect the amount of information the office can process and disclose in a timely manner. Therefore, 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 Draws Prison Sentence for Methamphetamine PossessionRead the Press Release
The United States Attorney's Office announced that on March 20, 2014, KURT LEE WHITLING, 52, of Billings, was ordered to serve a term of 60 months in prison followed by 4 years supervised by U.S. District Judge Susan Watters. The sentence is a result of Whitling's October 2013 guilty plea to possession with intent to distribute methamphetamine.
In the prosecution's sentencing memorandum, Assistant U.S. Attorney Joe Thaggard states Tomas Alvarado and Eliseo Lopez Martinez were two drug dealers involved in the distribution of methamphetamine. In October 2012, they began to distribute methamphetamine in Billings, Montana.
Alvarado and Martinez acted as wholesale distributors through a series of subordinate drug dealers. Those lower-level dealers included Walter White and the Defendant.
Alvarado estimates he provided to the Defendant for distribution two to three pounds of a substance containing a detectable amount of methamphetamine. White has informed the authorities that he also provided more than 50 grams of a substance containing a detectable amount of methamphetamine to the Defendant for distribution.
An associate of White, Alvarado, and the Defendant has informed the authorities that the Defendant distributed methamphetamine for White to people in Billings and the surrounding areas.
John Doe (an unindicted coconspirator) has informed the authorities the Defendant distributed methamphetamine to users in the Billings area.
Travis Patrick Zabroski Sentenced in U.S. District CourtRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Billings, on March 6, 2014, before U.S. District Judge Susan P. Watters, TRAVIS PATRICK ZABROSKI, a 31 year-old resident of Billings, Montana, was sentenced to a term of:
Prison: 85 months
Special Assessment: $ 200
Restitution: N/A
Supervised Release: 5 years
In an Offer of Proof filed by Assistant U.S. Attorney Brendan McCarthy, the government stated it would have proved at trial the following:
On January 15, 2013, officers with the Billings Police Department were investigating a robbery that occurred at 2150 Grand Avenue in Billings. After investigating the robbery, an officer went to the Holiday Station located at King Avenue and S. 20th Street W. to conduct a business check. Inside the store, the officer observed a white male, later identified as Travis Patrick Zabroski, who matched the description of the robbery suspect. The officer asked the defendant questions, and, at one point, the defendant told the officer that he was on probation for armed robbery.
Additional officers arrived at the scene. The officers contacted the defendant's probation officer and was given consent to search the defendant's vehicle.
During the search, an officer located a book safe underneath the driver's seat. Inside the book safe, the officer recovered various items including a baggie with a white crystalline substance and a loaded .357 Ruger pistol with the serial number filed off. The white crystalline substance was tested at the scene with a methamphetamine kit and the result was positive. The methamphetamine was then sent to the DEA lab for analysis, and the results indicated that the actual amount of methamphetamine was 41.8 grams.
Agents also obtained information from other sources that the defendant had possessed methamphetamine with the intent to distribute it in the Billings area from October 1st of 2012 through January 15th of 2013.
The .357 Ruger pistol was examined by an ATF Special Agent, and it was determined that the firearm was not manufactured in the State of Montana. Therefore, it traveled in and affected interstate commerce.
In 2000, Zabroski was convicted of Armed Robbery in New Mexico, which is a felony crime punishable by a term of imprisonment exceeding one year.
The case was investigated by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Billings Police Department.
Sean Kelly Sentenced to Five Years in Prison for MethRead the Press Release
The United States Attorney's Office announced that SEAN MICHAEL KELLY, 37, of Columbia Falls, was sentenced to 63 months in prison followed by 5 years supervised release by Senior U.S. District Judge Donald Molloy on March 14, 2014. In December 2013, the defendant pled guilty to conspiracy to distribute methamphetamine.
Assistant U.S. Attorney Tara Elliot told the Court in an Offer of Proof that Northwest Drug Task Force Agents received information from a confidential source that Kelly was actively involved with the distribution of dangerous drugs and made daily rounds throughout the valley to resupply people that are selling drugs for him.
Agents obtained a search warrant to attach a GPS tracking device to the vehicle used by defendant Kelly and followed the vehicle between Idaho and Montana by use of the GPS between December 6, 2012 and January 3, 2013. On January 3, 2013 Deputies observed the
Chevrolet pickup traveling on Hwy 83. The vehicle had a headlight out and a traffic stop was conducted on the vehicle. The driver and sole occupant of the vehicle was defendant Kelly. Kelly had an active warrant for his arrest and was detained on this warrant. The vehicle was then towed to a Flathead County secure storage facility in anticipation of a search warrant.
On January 7, 2013, Agents applied for and received a Montana State District Court search warrant for the 2002 Chevrolet Pickup truck. During the search NWDTF Agents located a black zippered case inside of a coat on the front passenger seat of the truck. Inside the case (often referred to as a kit) Agents found six syringes, a spoon, and a jewel bag containing 1 gram of methamphetamine. As agents searched further they found a package located within the tail-gate. The package was wrapped in several layers of plastic, coffee grounds, carbon paper and duct tape. The package contained approximately 423 grams of pure methamphetamine.
The term "pure methamphetamine" refers to the purity contained in the transacted amount which is usually "cut" with inert ingredients that make the actual product less pure but more profitable as drugs are generally sold based on quantity not quality.
Patricia Ann Halcomb-Segna Sentenced in U.S. District CourtRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Billings, on March 5, 2014, before Senior U.S. District Judge Donald W. Molloy, PATRICIA ANN HALCOMB-SEGNA, 44, of Billings, Montana, was sentenced to a term of:
Prison: 110 months
Special Assessment: $ 100
Restitution: N/A
Supervised Release: 5 years
According to an Offer of Proof filed by Assistant U.S. Attorney Brendan McCarthy, in July of 2012, members of the Eastern Montana HIDTA were investigating Halcomb-Segna for the sale of methamphetamine in the Billings area. After a search warrant was conducted at her residence, Halcomb-Segna told law enforcement that she first began obtaining methamphetamine from R.F. in April of 2011. She would receive over one ounce a week from R.F. In May of 2011, she also transported methamphetamine to Cut Bank, Montana for D.T. She made four or five trips to Cut Bank. In January of 2012, she began obtaining approximately an eighth on ounce of methamphetamine on ten different occasions from K.H. In May or June of 2011, the defendant began obtaining larger quantities-an eighth to a quarter ounce of methamphetamine-from J.W. and T.E.
The defendant estimated that she distributed at least a quarter ounce of methamphetamine each week for the two months prior to July of 2012. She also stated that prior to that time and starting in 2011, she distributed smaller quantities of methamphetamine.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office today 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 Judge Lynch in Missoula on March 13, 2014 and entering pleas of Not Guilty were:
- RING FELEZITAS SMITH, a 25-year-old resident of Missoula, appeared on charges of possession of stolen firearms. If convicted of the charge contained in the indictment, SMITH faces 10 years imprisonment, $250,000 in fines and 3 years supervised release. PACER Case Reference: 14-05
The indictment is merely a formal charging document. It is not proof of guilt and all persons indicted are presumed to be innocent of any crime until proof of guilt is established by trial or guilty plea.
The U.S. Attorney's Office is currently transitioning its media program to new media contacts. Resources and this transition may affect the amount of information the office can process and disclose in a timely manner. Therefore, 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.
Heroin and Meth Bound for Bakken Draw 70 Month SentenceRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Billings, on March 6, 2014, before U.S. District Judge Susan P. Watters, ROGER ALLEN YBARRA BERGER, a 29 year-old resident of Dickinson, North Dakota, was sentenced to a term of:
Prison: 70 months
Special Assessment: $ 100
Restitution: N/A
Supervised Release: 5 years
In an Offer of Proof filed by Assistant U.S. Attorney Brendan McCarthy, the government stated it would have proved at trial the following:
On January 10, 2013, a Montana Highway Patrol (MHP) Trooper observed a vehicle on Interstate 94 near Glendive, Montana, that failed to have visible registration tags. The Trooper approached the passenger side window of the vehicle and detected the odor of raw marijuana coming from within the suspect vehicle. The driver of the vehicle was identified as the defendant, Roger Allen Ybarra Berger. The passenger of the vehicle was identified as M.C.
The Trooper was given permission to search the vehicle by the registered owner, M.C. During the search, the Trooper discovered a backpack inside the vehicle. M.C. advised the backpack did not belong to him. Likewise, Berger also denied owning the backpack. In the backpack law enforcement found numerous items of drug paraphernalia such as tin foil, a torch, numerous small plastic baggies, and a locked box. Inside the locked box there were two bags containing powdery substances. One bag field tested positive for heroin and weighed approximately 2 ounces. The second bag field tested positive for methamphetamine and weighted approximately 1.5 ounces. Berger later admitted the backpack and the contents belonged to him.
The investigation revealed that Berger and M.C. drove from Dickinson, North Dakota, to Billings, Montana, on January 9, 2013. They stayed at a local motel in Billings, Yellowstone County, Montana. While at the motel, Berger met with his source of supply for methamphetamine and heroin - William Lawrence Barrow. Berger and M.C. had previously traveled to Billings, Montana, just before New Year's Day, 2013, to pick up more drugs from Barrow. During the previous trip in December of 2012, Berger picked up four ounces of methamphetamine and three ounces of heroin from Barrow for redistribution.
Further investigation revealed that Barrow was Berger's main drug connection out of Utah. Berger had historically distributed at least 50 grams of methamphetamine and at least 100 grams of heroin during the course of the conspiracy.
The investigation was conducted by the Montana Highway Patrol, Montana Department of Criminal Investigation, and the Drug Enforcement Administration.
Billings and Hardin Meth Case Draws Prison TermRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on March 5, 2014, before U.S. District Judge Susan P. Watters, TIMOTHY M. FAHRENBRUCK, 53, of Billings, was sentenced to a term of:
Prison: 30 months
Special Assessment: $ 100
Restitution: N/A
Supervised Release: 5 years
Assistant U.S. Attorney Brendan McCarthy advised the Court that in September of 2011, DEA agents began an investigation into the sale of methamphetamine in the Hardin, Montana area by an individual with the initials L.S. Agents utilized a wiretap to intercept L.S.'s phone calls. During the course of the investigation, agents learned that L.S. was being supplied by the defendant, Timothy Fahrenbruck. DEA agents then utilized a court-authorized wiretap to intercept Fahrenbruck's phone calls.
In November of 2011, agents executed a search warrant at Fahrenbruck's residence in Billings and recovered one ounce of methamphetamine. Fahrenbruck then provided a statement to law enforcement agents.
Fahrenbruck distributed methamphetamine in the Billings and Hardin areas from 2002 until November of 2011. In 2002, Fahrenbruck first began receiving ounce quantities of methamphetamine every two to three weeks from his main source of supply. However, beginning in 2004 and ending in late 2011, Fahrenbruck received approximately one pound of methamphetamine every month from his main source of supply as well as methamphetamine from other sources of supply. Fahrenbruck then re-distributed the methamphetamine to other individuals.
The case was investigated by the Drug Enforcement Administration with the assistance of other federal, state and local authorities.
Bakken Meth Dealer Sentenced to 10 YearsRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Billings, on March 5, 2014, before Senior U.S. District Judge Donald W. Molloy, ANTHONY JOSEPH RUNGO, a 48 year-old resident of Roseburg, Oregon, was sentenced to a term of:
Prison: 121 months
Special Assessment: $ 100
Restitution: N/A
Supervised Release: 5 years
In an Offer of Proof filed by Assistant U.S. Attorney Brendan McCarthy, the government stated it would have proved at trial the following:
In May of 2013, agents with the Montana Division of Criminal Investigations (MDCI) began an investigation into the sale of methamphetamine by the defendant in the Richland County, Montana area.
On May 30, 2013, agents used a confidential informant to purchase methamphetamine from Rungo in Sidney, Montana. The methamphetamine was subsequently sent to the DEA Laboratory for analysis, and the lab report indicated that the amount of actual (pure) methamphetamine was 5.1 grams.
On June 6, 2013, the confidential informant again made arrangements to meet with Rungo in Sidney, Montana for the purpose of purchasing methamphetamine. During this transaction, the confidential informant also introduced an undercover MDCI agent to the defendant. The informant and the undercover agent each purchased methamphetamine from Rungo. The methamphetamine was subsequently sent to the DEA Laboratory, and the lab report indicated that the combined actual (pure) amount of methamphetamine was 9.3 grams.
The undercover agent then made arrangements to purchase more methamphetamine. On June 17, 2013, the undercover agent purchased methamphetamine from Rungo in Fairview, Montana. The methamphetamine was also sent to the DEA Laboratory, and the lab report indicated that the actual (pure) amount of methamphetamine was 5 grams.
The undercover agent then contacted the defendant and discussed purchasing two ounces of methamphetamine. They agreed to meet on July 10, 2013 in Fairview, Montana to make the transaction. When the meeting took place Rungo was a passenger in a vehicle registered to him that was pulled over by Montana Highway Patrol. On July 12, 2013, MDCI agents obtained a search warrant for the Rungo's vehicle. Inside the cigarette box in the center counsel, agents seized approximately two ounces of methamphetamine. The methamphetamine was sent to the DEA Laboratory, and the lab report indicated that the actual (pure) amount of methamphetamine was 52.8 grams.
Stand-Off with Law Enforcement Ends in 84 Months of ImprisonmentRead the Press Release
The United States Attorney's Office announced that JOEL ROBERT PRESCOTT, 43, of Laurel, Montana, was sentenced to a term of 84 months imprisonment, three years supervised release, and a special assessment of $100 during a federal court hearing in Great Falls, Montana, on March 5, 2014, before U.S. District Judge Donald W. Molloy.
PRESCOTT was sentenced in connection with his December 12, 2013, guilty plea to felon in possession of a firearm. In an Offer of Proof, the United States Attorney's Office stated it would have proved that PRESCOTT was on state supervision for a drug offense. He absconded from supervision and was discovered in Laurel, Montana. A standoff with law enforcement ensued while PRESCOTT was in possession of a firearm. A woman and several children were inside the residence with PRESCOTT during the standoff, but they were
After six hours, PRESCOTT surrendered, and the stand-off ended without any casualties.
At sentencing, Assistant U.S. Attorney Ryan Weldon stated that the government's main concern was the protection of the public. According to Weldon, PRESCOTT had been convicted of numerous drug offenses, and now he was actively engaging in stand-offs with law enforcement officers, all while in possession of a firearm and while on state supervision.
The District Court sentenced PRESCOTT to 84 months of imprisonment, with three years of supervised release to follow. Because there is no parole in the federal system, the truth in sentencing guidelines mandate that PRESCOTT will likely serve all of the time imposed by the court. In the federal system, PRESCOTT 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.
The PRESCOTT investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and local police and sheriff's departments.
Robert Quam Sentenced to PrisonRead the Press Release
The United States Attorney's Office announced that on February 28, 2014, in Missoula, before U.S. District Judge Sam Christensen, ROBERT STUART QUAM, 31, of Bozeman, was sentenced to 60 months in prison followed by 4 years supervised release. The sentence was in connection with his March 2013 guilty plea to a charge of Conspiracy to Distribute Methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Tim Racicot, the government stated that in approximately March 2012, the Missouri River Drug Task Force ("MRDTF") initiated an investigation into the drug distribution activities of Quam. As part of that investigation, the MRDTF utilized a confidential informant ("CI") to purchase meth from Quam. On March 30, 2012, the CI purchased 1.7 grams of actual methamphetamine from Quam. The transaction took place outside Quam's residence. On April 3, 2012, the CI conducted a second controlled purchase of methamphetamine from Quam, again outside his residence. That purchase involved 1.3 grams of pure methamphetamine. A third controlled purchase occurred on April 13, 2012, and the CI obtained .95 grams of pure methamphetamine. And on April 25, 2012, the CI made
Quam, for 1.9 grams of pure meth. The total amount of actual methamphetamine sold by Quam to the CI is 5.85 grams.
On August 31, 2012, Quam was interviewed by law enforcement in Bozeman. He admitted to obtaining various amounts of meth from multiple individuals and distributing the meth in the Bozeman area.
Obtaining Drugs by Deception Draws Jail TimeRead the Press Release
The United States Attorney's Office announced that CYD MARIE BABB, was sentenced to 6 months in prison followed by 1 year supervised release in connection with her guilty plea to obtaining pain killers through fraud. BABB was sentenced by U.S. District Judge Sam Haddon during a federal court session in Butte, on February 21, 2014.
In an Offer of Proof filed by Assistant U.S. Attorney Bryan Whittaker, the government stated that on or about May 19, 2013, in Bozeman, the defendant knowingly acquired and obtained possession of Schedule III controlled substance, Hydrocodone, by means of misrepresentation, fraud, deception, and subterfuge, namely by falsely presenting herself as a person authorized to prescribe and receive controlled substances.
Babb used her cellular telephone number to call in fraudulent Schedule III hydrocodone prescriptions to pharmacies throughout Montana by posing as a nurse, calling from a medical office, and requesting a prescription for a nonexistent patient. According to DEA records, Babb used the DEA registration numbers and names of approximately 26 different medical professionals to forge prescriptions in approximately 50 different fraudulent patient names to obtain hydrocodone.
Many of the pharmacies where Babb called in the fraudulent prescriptions have video surveillance and/or photographs of Babb entering the store, picking up, and paying for the fraudulent prescription from the pharmacy.
An analysis revealed that Babb's cellular telephone number was used to make approximately 1000 calls to 58 different pharmacies located in 17 different cities in 14 counties within the State of Montana; two pharmacies located in Coeur d'Alene and Hayden Lake, Idaho; and one pharmacy in Gillette, Wyoming, from August 20, 2011 through June 25, 2013.
More specifically, on May 19, 2013, Babb used her cell phone to call in a fraudulent prescription for180 pills of Lortab (hydrocodone) a Schedule III controlled substance at Price Rite Pharmacy in Bozeman, Montana. Babb told the pharmacy that she was calling from a doctor's and fraudulently used the doctor's DEA number to call in a prescription for a fictitious patient.
Babb then later went to Price Rite Pharmacy and claimed to be there to pick up the Lortab prescription for and on behalf of the fictitious patient. After Babb tendered payment, the pharmacy gave the Lortab prescription to Babb. Babb did not work for the doctor's office and was not authorized to use the doctor's DEA number to call in a prescription.
Drug Enforcement Administration agents later interviewed the pharmacist at Price Rite Pharmacy. The pharmacist told agents that Price Rite had received numerous prescriptions for large amounts of Hydrocodone that were picked up by a stocky, middle-age female. Agents showed the pharmacist and a pharmacy technician a photo line-up containing Babb. Both individuals identified Babb as the female that picked up the prescription for the fictitious patient.
Milo Robert Cook III Sentenced to 96 Months in Prison for Drug OffensesRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on March 5, 2014, MILO ROBERT COOK III, 34, of Billings, was sentenced to 96 months in prison, followed by 5 years supervised release by Senior U.S. District Judge Donald Molloy. The sentence followed Cook's December 2013 guilty plea to Possession of Methamphetamine with the Intent to Distribute.
In an Offer of Proof filed by Assistant U.S. Attorney Joe Thaggard, the Government stated that In approximately November 2012, law enforcement officers in Billings, Montana, began to investigate allegations that the Defendant was involved in the distribution of methamphetamine.
On November 15, 2012, law enforcement officers in Billings seized approximately 11 grams of suspected methamphetamine from the Defendant's vehicle. A chemical analysis of the substance disclosed it consisted of 11.6 grams of a substance containing a detectable amount of methamphetamine; 11 grams of the substance was actual (pure) methamphetamine.
On or about March 11, 2013, Tomas Alvarado was arrested in Idaho in possession of a large amount of cocaine and methamphetamine which he was transporting to Billings for distribution. The following day, law enforcement officers in Billings interviewed Alvarado. Alvarado stated he met the Defendant in approximately October 2012, in Nevada. Alvarado stated that, over the ensuing months, he provided more than 500 grams of a methamphetamine to the Defendant to distribute in the Billings area.
On March 14, 2013, law enforcement officers executed a search warrant on the residence of Walter White, which is located in Lockwood. They recovered methamphetamine packaged for distribution.
The officers interviewed White. White admitted that he had received methamphetamine from Alvarado between October 2012 and March 2013. White stated that he provided over 500 grams of methamphetamine to the Defendant to distribute during that time period.
The term pure methamphetamine refers to the purity contained in the transacted amount which is usually "cut" with inert ingredients that make the actual product less pure but more profitable as drugs are generally sold based on quantity not quality.
The case was investigated by the Drug Enforcement Administration and Billings area law enforcement.
Man Gets 2 Years in Prison After Being Caught Burglarizing A Wolf Point HomeRead the Press Release
The United States Attorney's Office announced that after being caught fleeing with stolen electronics from a stranger's home, BRANDON MICHAEL JACKSON, aka BRANDON BUCKLES, was sentenced on March 11, 2014, to two years in prison, three years supervised release, and ordered by a judge to pay over $7,000 in restitution to the family whose house he burglarized with two others.
U.S. District Court Judge Brian M. Morris sentenced JACKSON, 28, of Wolf Point, Montana, following JACKSON's entry of a guilty plea to a single-count federal indictment for burglary. In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
On or about July 6, 2012, JACKSON burglarized a house in Wolf Point, Montana, after allegedly following two other men to a "house party" there. He and two others entered the unoccupied house and began taking things from the home, including electronics and jewelry.
The owners were on vacation. None of the three men had permission to be in the home. The home owner's son and two friends returned to the house and the burglars were still in the home. After hearing people shuffling upstairs, they armed themselves with various makeshift weapons, including a two-by-four. Jackson was caught carrying a television as he ran down the stairs. Jackson threw the television at them and fled, throwing jewelry out of his pockets as he left the residence. The other two burglars also fled the house, dropping items in the yard and neighborhood.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that Jackson will likely serve all of the time imposed by the court. In the federal system, Jackson does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Fort Peck Tribes Department of Law and Justice
Garcia Duran, Former Rocky Boy Health Board Supply Technician, Sentenced for TheftRead the Press Release
The United States Attorney's Office announced that GARCIA DURAN, 35, of Box Elder, was sentenced to three years' probation and ordered to pay $7,674.43 in restitution to the Rocky Boy Health Board by U.S. District Judge Brian Morris during a federal court session in Great Falls on March 12, 2014.
In a Sentencing Memorandum filed by Assistant U.S. Attorney Chad C. Spraker, the government described Duran's conduct as the following:
From 1999 to January 2010, Duran was employed at the Rocky Boy Health Board as a supply technician, a job that required him to procure supplies for the clinic. From September 2009 to November 2009, Duran purchased a number of goods and services from Havre Tire Factory and Big R Stores. Before these purchases, Duran submitted requisition forms and purchase orders to the Rocky Boy Health Board. The vendors issued invoices indicating the vendee as Rocky Boy Health Center.
Duran submitted $7,674.43 in invoices to the Health Board under the pretense that the items were for legitimate clinic expenses when, in fact, the invoices were for Duran's personal expenses. As a result of Duran's fraud, the Rocky Boy Health Board paid the vendors for Duran's expenses. On March 5, 2013, Duran was interviewed by an FBI Special Agent at the Rocky Boy Police Department. In the interview, Duran admitted he purchased items for personal use and caused Health Board to pay for the items. Duran confessed that $7,674.43 in expenses from Havre Tire Factory and Big R Stores were in fact personal. Duran admitted he knew it was wrong to use Health Board funds to purchase personal items.
Because there is no parole in the federal system, the (truth in sentencing( guidelines mandate that Duran will likely serve all of the time imposed by the court. In the federal system, Duran does have the opportunity to earn a sentence reduction for (good behavior.( However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigations.
Distribution of Fentanyl Leads to Lengthy Prison TermRead the Press Release
The United States Attorney's Office announced that DACOTA ROGERS, 21, of Butte, was sentenced on February 21, 2014, in the federal courtroom in Butte, by Senior U.S. District Judge Sam Haddon, to 224 months in prison followed by 3 years supervised release in connection with a guilty plea to Distribution of Fentanyl.
In an Offer of Proof filed by Assistant U.S. Attorney Bryan Whittaker, the government advised the Court that on December 8, 2013, Butte-Silverbow law enforcement officers were called to 828 West Park Street in relation to a male who was not breathing and unresponsive. Upon arrival at the scene they found Kara Spaabeck attempting to do CPR on Mark Phillip Allen. Allen was then transported to St. James Hospital, but emergency personnel were unable to revive Allen. During the drive from Allen's house to the Hospital, Spaabeck stated that she believed that Allen had been smoking fentanyl. She said she had been told this by Miles Muretta who had been with Allen earlier in the night.
Spaabeck turned over a cellular telephone she stated belonged to Allen. Officers reviewed the phone to determine ownership and next of kin, etc., when they discovered text messages that appeared to be drug related. One of the texts was from Muretta who in his text stated that whatever Allen had taken had caused him to start to drool immediately.
A short while later, the phone given began to ring. The officers answered the phone and the caller identified himself as Muretta. During the conversation, Muretta stated that he had been at Allen's house at 0148 hours and had placed Allen's head on a pillow because he had been snoring.
Officers later searched Allen's house and found fentanyl patches and drug paraphernalia. Fentanyl is a potent, synthetic opioid analgesic with a rapid onset and short duration, creating an intense "high". It is a highly addictive drug considered 100 times more potent than morphine. Fentanyl skin patches are used to control moderate to severe chronic (around-the-clock, long-lasting) pain that cannot be controlled by the use of other pain medications in people who have become tolerant (used to the effects of the medication) to other narcotic pain medications.
Officers interviewed Muretta wherein he stated that he had been with Allen the night he died. He said that Allen had been attempting to buy drugs and was able to make contact with a dealer identified as Dacota Rogers. Rogers had come to Allen's house while Murretta was present and sold Allen a Fentanyl patch for $35.00. Allen paid Rogers $10.00 dollars in cash, and then gave Rogers his debit card to go to an ATM to withdraw the other $25.00 dollars he owed for the patch.
Following the interview, officers contacted Allen's father who gave them bank account information relating to Allen's bank account. With that information, officer's found an ATM video showing Rogers withdrawing money from Allen's account the night of his death.
Investigators then conducted an interview with Rogers. After being advised of his Miranda rights, Rogers told investigators that he had in fact sold Allen the Fentanyl patch and had shown him how to ingest it. Rogers further stated that he had received money from Allen for the patch and had used Allen's ATM card to get the money from Allen's account.
The government would introduce evidence and testimony that Fentanyl is Schedule II controlled substance.
Dr. Gary E. Dale, a State Medical Examiner, performed a postmortem examination of Allen. Dr. Dale's examination revealed that there were toxic levels of fentanyl in Allen's body at the time of death. Dr. Dale concluded that Allen died as a result of fentanyl toxicity.
The investigation was conducted by the Drug Enforcement Administration and Butte-Silver Bow Law Enforcement.
Defendant Sentenced to Prison for Drug ViolationsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on March 5, 2014, before U.S. District Judge Donald Molloy, MARCO ANTONIO MORALES-ROA, was sentenced to 78 months in prison followed by 4 years supervised release in connection with his December 2013 guilty plea.
In an Offer of Proof filed by Assistant U.S. Attorney Bryan Whittaker, the Government states that in August 2013, law enforcement interviewed a confidential informant ("CI #1") in which he/she stated that about in about March 2013 he/she called a source of supply (SS #1) asking for assistance in obtaining some methamphetamine. The source of supply provided CI #1 with a phone number and told him to contact a Hispanic male by the name of "Antonio" (later identified as the defendant). CI #1 contacted Morales and made arrangement to meet Morales at his residence in Fairview, Montana. The next day CI #1 drove to Fairview, met with Morales and received 7 grams of meth from Morales on a front. Three days later CI #1 met with Morales at his residence and provided him with $700.00 for the meth he had received.
Several days later CI #1 again met with Morales and received $6,000.00 from him which CI #1 took to Butte, Montana to meet with a second source of supply from Washington (SS #2). This individual provided CI #1 with 1/2 pound of methamphetamine in exchange for the $6,000.00. CI #1 drove back to Sidney, Montana and provided Morales with 1/4 pound of the meth and provided the rest to others and himself for distribution.
Several days later CI #1 again met with Morales and received $4,500.00 which CI #1 combined with $500.00 which he/she already had. CI #1 then drove to Butte to again meet with the source of supply from Washington (SS #2). SS #2 provided CI #1 with 1/2 pound of meth in exchange for the cash. CI #1 drove back to Sidney and provided Morales with 1/4 pound of the meth and provided 28 grams to two other individuals. CI #1 then kept the remaining amount of meth for him/herself.
Furthermore, near the end of August 2013, law enforcement also conducted an interview with CI #2. CI #2 was a good friend of Morales and said he introduced Morales to SS #1 for the purpose of obtaining meth. When SS #1 was arrested in March 2013, Morales became the main distributor for meth in the Sidney area as a replacement for SS #1. CI #2 further stated that Morales owed an approximately $10,000.00 drug debt. CI #2 stated that he/she had observed Morales with approximately 1 ounce of meth at a time.
On September 20, 2013, Morales was interviewed by law enforcement wherein he stated that he had possessed methamphetamine and had distributed it to others.
The total amount of methamphetamine possessed by Morales was approximately 233 grams.
Bozeman Man Sentenced for Child PornographyRead the Press Release
The United States Attorney's Office announced that KEVIN SCOTT NESSLAND, 41, of Bozeman, Montana, was sentenced to 84 months in prison followed by 15 years supervised release during a federal court hearing in Missoula, on March 6, 2014, before U.S. District Judge Dana Christensen. Nessland was sentenced in connection with his November 2013 bench trial conviction on three counts of Receipt of Child Pornography.
In a Trial Brief filed by Assistant U.S. Attorney Cyndee Peterson, the Government stated that defendant Kevin Scott Nessland was surreptitiously observing (through holes he made in the attic) and recording the adult females in the apartment next to his apartment in Bozeman, Montana. Nessland's residence was searched pursuant to a search warrant. Law enforcement seized several items including electronic devices.
When the crimes (state charges) were first detected, Nessland immediately left the Bozeman area. This occurred prior to the search of his residence. When he left Bozeman, Nessland took some of his computers and equipment. Nessland called the Bozeman Police Department from the road, and multiple telephonic conversations with Bozeman Police were recorded. During the telephonic conversations, Nessland stated that he has sex addiction issues and was seeking treatment.
Nessland was subsequently located in Idaho after law enforcement officers responded to his vehicle during Nessland's suicide attempt. At that time, he was arrested on a warrant for the state charges and returned to Montana. Electronic items found in his vehicle were seized and transferred to the Bozeman Police Department in Montana.
When detectives were searching one of Nessland's external hard drives for evidence of the burglary and surreptitious observation crimes, the detective found images of child pornography. Detectives obtained a second search warrant and submitted the computers and electronic devices to the Montana DCI Computer Crime Lab for forensic examination. This included the devices seized from Nessland's residence and vehicle.
Numerous items were forensically examined. A DCI Forensic Examiner found evidence which tied the computers to certain of the drives. The examiner located more than 1,700 files which depicted child pornography.
The case was investigated by the Bozeman Police Department, the Montana Department of Criminal Investigations, and the Federal Bureau of Investigation.
Billings Man Subject to Restraining Order Sentenced to Prison for FirearmsRead the Press Release
The United States Attorney's Office announced that ANTHONY MARCOS CHADWELL, 20, of Billings, was sentenced to 48 months in prison followed by 3 years supervised release by Senior U.S. District Judge Donald Molloy on February 19, 2014. In November 2013, a jury found Chadwell guilty of being a subject of a court order in possession of firearms and ammunition after a 2 day trial.
On August 26, 2012, a Billings Police Officer performed a traffic stop on a vehicle that was believed to contain the subject of an active felony arrest warrant, namely Charlie Lawson. The vehicle did not stop right away and the officer observed movements as he followed it.
After the vehicle did pull over, the officer approached and spoke with the two males inside. The officer identified the driver of the vehicle as Anthony Marcos Chadwell.
The defendant told the officer he did not have an ID, but he gave his correct name and told the officer he was a habitual traffic offender ("HTO"). The officer immediately knew he was going to arrest the defendant for the HTO offense if confirmed by dispatch.
Dispatch later confirmed that Mr. Chadwell was in fact HTO and was on probation. Dispatch also advised the officer that the defendant had an "officer caution" on him stemming from a previous incident where he had a .357 firearm near the center console/arm rest area.
After cover officers arrived, the officer asked the defendant to step out of the car and the defendant did so without issue. The officer was aware the defendant had been stabbed recently and he placed two sets of handcuffs on the defendant for his comfort. The defendant kicked the driver's side door closed. The officer walked the defendant back to his patrol vehicle and placed him in the back seat.
The officer told Chadwell that he was going to contact his probation officer to obtain authority to search the vehicle. Immediately, Chadwell became agitated and he yelled at the other passenger to get out and lock the doors. Chadwell yelled again for the passenger to lock the doors. The officer asked dispatch to inform Chadwell's probation officer that he was going to arrest Chadwell for the HTO violation. The defendant also yelled at the passenger to call his mother and to tell her they were being harassed. The passenger told the defendant she was on her way and told the defendant to calm down.
The officer asked the defendant if he had insurance and the defendant said he did. The officer asked if it was in the glove box and the defendant replied to just give him a no-insurance ticket because he was not getting in the glove box. The defendant was adamant and told the officer that he had the keys and the officer wasn't getting them.
The defendant was moved to another officer's patrol car and transported to jail. A probation officer authorized a search and requested that the police search the Chadwell's car. Because the officer was aware of the "officer caution" alert on Chadwell, that indicated there may be a firearm near the center armrest, he started his search there. The officer discovered a Colt model 1908 .25 caliber semi-automatic, loaded and with a round in the chamber. Officer Ward also found a Bryco Jennings J-22 semi-automatic pistol in the glove box.
Follow-up investigation showed that Chadwell was the subject of an "Order of Protection" issued on November 8, 2011. The order is one that prohibits the defendant from the lawful possession of firearms, with all four firearms prohibition criteria checked by the issuing court. Further, Chadwell had an opportunity to participate, had actual notice of the hearing and he was served with the order.
The investigation was conducted by the Billings Police Department and presented for federal prosecution by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Angel Cristobal-Sarmientos Sentenced for Illegal Reentry into the United StatesRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls on March 5, 2014, before U.S. District Judge Donald W. Malloy, ANGEL CRISTOBAL-SARMIENTOS was sentenced to a term of:
- ison: 13 months and 1 day
Cristobal-Sarmientos was sentenced in connection with his guilty plea to Illegal Re-Entry into the United States.
In an Offer of Proof filed by Assistant U.S. Attorney Zeno B. Baucus, the government stated it would have proved at trial the following:
Cristobal-Sarmientos, who had previously been deported from the United States on multiple occasions, was involved in an alleged domestic dispute in Glendive, Montana on September 15, 2013, in which Dawson County Sheriff Deputies responded to the scene. The
United States Border Patrol was subsequently contacted and Cristobal-Sarmientos was
Cristobal-Sarimentos advised that he was a citizen of Mexico and in the United States illegally. There is no record that Cristobal-Sarimentos ever applied for or obtained the permission of the United States Attorney General or his successor the Secretary of the Department of Homeland Security to reenter the United States. Moreover, records indicate that Cristobal-Sarimentos had previously been deported subsequent to a felony conviction.
Because there is no parole in the federal system, the (truth in sentencing( guidelines mandate that Sanchez-Gonzalez will likely serve all of the time imposed by the court. In the federal system, Sanchez-Gonzalez does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted primarily by the United States Border Patrol.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office today 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 Judge Lynch in Missoula on March 4, 2014 and entering pleas of Not Guilty were:
- ISA CHERYL BAILEY, a 28-year-old resident of North Carolina, appeared on charges of counterfeiting obligations of the United States and uttering counterfeit obligations. If convicted of the most serious charge contained in the indictment, BAILEY faces 20 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the U.S. Secret Service and the Missoula Police Department. PACER Case Reference: 14-10
- EVEN M. GROVO, a 55-year-old resident of Massachusetts, appeared on charges of child exploitation enterprise and conspiracy to advertise child pornography. If convicted of the most serious charge contained in the indictment, GROVO faces life imprisonment, $250,000 in files and lifetime supervised release. The investigation was a cooperative effort of the Federal Bureau of Investigation, Homeland Security Investigations, Polson Police Department, Helena Police Department, Internet Crimes Against Children Task Force, and Montana Division of Criminal Investigation. PACER Case Reference: 13-30
- DNEY LIDE ROGERS a 29-year-old resident of North Carolina, appeared on charges of counterfeiting obligations of the United States and uttering counterfeit obligations. If convicted of the most serious charge contained in the indictment, ROGERS faces 20 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the U.S. Secret Service and the Missoula Police Department. PACER Case Reference: 14-10
- VID DONALD SHEARER, a 67-year-old resident of Townsend, appeared on charges of felon in possession of firearms and ammunition. If convicted of the charge contained in the indictment, SHEARER faces 10 years imprisonment, $250,000 in fines and 3 years supervised release. PACER Case Reference: 13-19
Appearing before U.S. Magistrate Judge Ostby in Billings on March 6, 2014 and entering pleas of Not Guilty were:
- YES GUTIERREZ, a 44-year-old resident of Phoenix, 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, GUTIERREZ faces life imprisonment, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Drug Enforcement Administration and Homeland Security Investigations. PACER Case Reference: 14-08
- MONA LOPEZ, a 44-year-old resident of Modesto, California appeared on charges of conspiracy to possess with intent to distribute controlled substances, possession with intent to distribute meth, and possession with intent to distribute heroin. If convicted of the most serious offenses contained in the indictment, LOPEZ faces life imprisonment, $10,000,000 in fines and 5 years supervised release. PACER Case Reference: 13-92
Appearing before U.S. Magistrate Judge Strong in Great Falls on March 11, 2014 and entering please of Not Guilty were:
- LLIAM T. AHENAKEW, a 23-year-old resident of Box Elder appeared on charges of sexual abuse. In convicted of the charge contained in the indictment, AHENAKEW faces life imprisonment, $250,000 in fines and lifetime supervised release. PACER Case Reference: 14-14
The indictment is merely a formal charging document. It is not proof of guilt and all persons indicted are presumed to be innocent of any crime until proof of guilt is established by trial or guilty plea.
The U.S. Attorney's Office is currently transitioning its media program to new media contacts. Resources and this transition may affect the amount of information the office can process and disclose in a timely manner. Therefore, 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.
- The U.S. Attorney’s Office Announced Today A Jury Found Gary Conti Guilty of Bankruptcy Fraud. Judge Brian Morris Declared A Mistrial on the Remaining Counts of the Indictment Because the Jury Could Not Reach A Verdict.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office today 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 Judge Lynch in Missoula on February 25, 2014 and entering pleas of Not Guilty were:
- CALVIN CLELAND, a 28-year-old resident of Butte, appeared on charges of conspiracy to possess with intent to distribute methamphetamine. If convicted of the charge contained in the indictment, CLELAND faces 40 years imprisonment, $5,000,000 in fines and 4 years supervised release. PACER Case Reference: 13-24
Appearing before U.S. Magistrate Judge Ostby in Billings on February 25, 2014 and entering pleas of Not Guilty were:
- RODNEY TOMMIE STEWART, a resident of Crow Agency, appeared on charges of habitual offender of domestic assault. If convicted of the charge contained in the indictment, STEWART faces 5 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference: 14-20
Appearing before U.S. Magistrate Judge Strong in Great Falls on February 27, 2014 and entering pleas of Not Guilty were:
- DANIEL WALTER SZWEDKOWICZ, appeared on charges of possession of stolen firearms. If convicted of the charge contained in the indictment, SZWEDKOWICZ faces 10 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco and Firearms. PACER Case Reference: 14-06
Appearing before U.S. Magistrate Judge Ostby in Billings on February 27, 2014 and entering pleas of Not Guilty were:
- TRAVIS JOHN BELL, a 22-year-old resident of Billings, appeared on charges of possession with intent to distribute controlled substances and burglary involving controlled substances. If convicted of the most serious offense contained in the indictment, BELL faces 20 years imprisonment, $1,000,000 in fines and 3 years supervised release. The case was investigated by the Drug Enforcement Administration and the Billings Police Department. PACER Case Reference - 14-16
- HOWARD EMBRY, a 39-year-old resident of Billings, appeared on charges of felon in possession, unlawful user of controlled substance in possession. If convicted of the most serious offenses contained in the indictment, EMBRY faces 10 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco and Firearms. PACER Case Reference - 14-21
- DYLAN FROST, a 32-year-old resident of Billings, appeared on charges of possession of an unregistered firearm. If convicted of the charge contained in the indictment, FROST faces 10 years imprisonment, $250,000 in fines and 3 years supervised release. PACER Case Reference - 14-18
Appearing before U.S. Magistrate Strong in Great Falls on February 28, 2014 and entering pleas of Not Guilty were:
- CLAYTON WILLARD CARTER, a 23-year-old resident of Missoula, appeared on charges of possession of stolen firearms. If convicted of the charge contained in the indictment, CARTER faces 10 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco and Firearm, and the Missoula Police Department. PACER Case Reference - 14-06
Appearing before U.S. Magistrate Ostby in Billings on March 3, 2014 and entering pleas of Not Guilty were:
- KIM TROTTIER HIRT, a 55-year-old resident of Billings, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, conspiracy to commit money laundering and possession with intent to distribute. If convicted of the most serious offenses contained in the indictment, HIRT faces life imprisonment, $10,000,000 in fines and 5 years supervised release. The case was investigated by the HIDTA Task Force. PACER Case Reference - 14-10
The indictment is merely a formal charging document. It is not proof of guilt and all persons indicted are presumed to be innocent of any crime until proof of guilt is established by trial or guilty plea.
The U.S. Attorney's Office is currently transitioning its media program to new media contacts. Resources and this transition may affect the amount of information the office can process and disclose in a timely manner. Therefore, 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 Wire Fraud Defendant Jonathan Lee Oliver Pleads Guilty in Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on February 25, 2014, before U.S. District Judge Donald W. Molloy, JONATHAN LEE OLIVER, 41, of Missoula, Montana, pleaded guilty to Wire Fraud, Money Laundering, and Structuring. Oliver's pleas could result in a term of imprisonment of up to 20 years. There is no parole in the federal system.
In an Offer of Proof filed with the Court, Assistant U.S. Attorney Timothy Racicot informed the Court that during the fall of 2010, Oliver, often using the name Jon Walker, began soliciting payments from several victims for the construction of steel buildings, primarily in eastern Montana and North and South Dakota. He rented office and warehouse space in Missoula in October 2010. He entered into contracts with the victims, received millions of dollars in advance payments, and completed only one building. Rather than build the structures, Oliver used a substantial amount of the victims' money to buy personal assets, including a house, a truck, an RV, snowmobiles, a jet-ski, an ATV, and a diamond ring for his fiancé. On more than occasion, Oliver directed his employees to tell victims that a certain phase of the construction of their building was completed in order to induce the victim to send Oliver another installment payment, when in fact the phase had not been completed and Oliver's business lacked the materials necessary to complete the project because so many of the funds had been spent by Oliver on personal items, including those referenced above.
Oliver's wire fraud conviction involves the wire transfer of $69,498 from one victim to Oliver on August 26, 2011. That victim later wrote Oliver a check for $40,000 and wired an additional $23,350, but never received a completed building. The money laundering conviction relates to Oliver's purchase of a brand-new car on April 12, 2011, for $33,950 - a 2011 Subaru Tribeca Limited - using money obtained from victims as a result of the wire fraud scheme. And the structuring conviction is represented by Oliver's withdrawal of $9,950 in cash from his Wells Fargo Bank account on May 20, 2011, which was designed to avoid the Bank's currency transaction reporting requirements.
This case was investigated by agents from the Federal Bureau of Investigation and the Internal Revenue Service.
Jury Convicts Poplar Man of Rape, Assault and BurglaryRead the Press Release
The United States Attorney's Office Announced that after having been acquitted in 2012 of sexual assault, and then again in 2013-in trials involving other victims-Poplar resident Kevin Devereaux was found guilty of rape, assault and burglary by a federal jury in Great Falls on Thursday, February 27, 2014, after a two day trial.
Devereaux, 51, was charged with raping a woman in Poplar in 2009, then assaulting and burglarizing her house in 2013.
Witnesses testified that in May 2009, the victim was sleeping on her sofa when Devereaux suddenly appeared, standing over her. He grabbed her arm, dragged her down the hallway, and raped her in a bedroom. He laughed then fled the house. Fearing retaliation from Devereaux, she recanted her story a few weeks later and the case was closed.
Over the course of the next few years, Devereaux returned on numerous occasions and made repeated attempts to break into the victim's house. The victim called the police several times to report his attempts to break in through a window, door or garage.
In October 2013, Devereaux successfully broke into the victim's house and attacked her while she was sleeping in a bedroom with her 7-year-old granddaughter. With the child in the room, Devereaux strangled the victim, repeatedly punched her in the face, and threated to kill her.
The U.S. Attorney's Office consolidated the 2009 and 2013 offenses in a single indictment for trial. Devereaux faces maximum thirty years in prison for the rape, twenty years for the burglary and ten years for the assault.
The investigation was a joint effort between the Federal Bureau of Investigation and the Fort Peck Tribes Department of Law and Justice. Assistant United States Attorney Laura B. Weiss prosecuted the case.
Former Blackfeet PoKa Project Officials Plead Guilty to Massive Grant Fraud Francis Kay OnstadRead the Press Release
Delyle Shanny Augare
Dorothy May Still Smoking
The United States Attorney's Office announced that former officials of the Blackfeet Tribe's Po'Ka Project, a multi-million dollar federally funded effort to address the needs of troubled youth on the reservation, have entered guilty pleas in federal court in Great Falls. FRANCIS KAY ONSTAD, 61, of Valier, the former Director of the Po'Ka Program, DELYLE SHANNY AUGARE, 58, of Browning, the former Assistant Director of the Po'Ka Program, and DOROTHY MAY STILL SMOKING, 64, of Browning, entered pleas of guilty to conspiracy, embezzlement and fraud before U.S. District Judge Brian Morris on February 28, 2014. Onstad and Augare also entered pleas to charges of income tax evasion. Onstad and Augare face a possible 5 years in prison and a $250,000, for conspiracy to defraud the United States, and income tax evasion. They also face 10 years in prison and $250,000 fine for conspiracy to violate the False Claims Act and theft from an Indian tribal government receiving federal funding. Sentences on the four convictions could be ordered to run consecutively. Still Smoking pled guilty to a single count of conspiracy to violate the False Claims Act. Assistant U.S. Attorney Carl Rostad told the Court that, as part of his agreement with the defendants, his office would be seeking $1,000,000 in restitution from each defendant.
Codefendant Charlotte New Breast entered a guilty plea and was sentenced in 2013. Codefendant Katheryn Elizabeth Sherman has reached a plea agreement with the United States and is scheduled to enter her plea before Judge Morris on Monday, March 3.
In an Offer of Proof, the prosecutor told the Court that the Blackfeet Po'Ka Project was developed to help troubled Native American youth. Po'Ka was funded by a federal grant from 2005 through 2011 by the Substance Abuse and Mental Health Services Administration (SAMHSA) of the Department of Health and Human Services. Beginning in 2005 with a $1,000,000 federal disbursement, the grant ultimately became a $9.3 million program over a six year period (2005-2011).
THE IN-KIND CONTRIBUTION REQUIREMENTAND THE FALSE CLAIMS CONSPIRACY
It was the stated intent and proposal from the Tribe that the Po'Ka Project would ultimately become self-sufficient; a completely tribal program - entirely supported by the Tribe - by the end of the grant period. The grant required that the Tribe provide a certain amount of funding. "A requirement contained in certain legislation, regulations, or administrative policies that a recipient must maintain a specified level of financial effort in the health area for which Federal funds will be provided in order to receive Federal grant funds." Comprehensive Community Mental Health Services for Children with Serious Emotional Disturbances (SED), CMHS Child Mental Health Service Initiative Number: 93.104. To achieve the goal of final self-sufficiency, the Tribe was required to provide in-kind matching contributions to continue to secure federal payments with the idea that as federal participation declined, tribal participation would rise to fill the funding void left by the absence of federal funds. It was the intent of the parties and SAMHSA that the Po'Ka Project would survive on its own once federal funding was no longer forthcoming.
An in-kind contribution is a non-cash contribution provided by non-federal third parties in support of the project funded by the grant, and its objectives. Third party in-kind contributions may be in the form of real property, equipment, supplies and other expendable property, and the value of goods and services directly benefitting and specifically identifiable to the project or program.
As noted, a key component of the grant award was the funding arc; the ratio of federal money to in-kind contributions. Only if Po'Ka met the in-kind contribution targets could they receive the maximum amount of federal money from the grant. Consistent with the sustainability objective of the grant, the Tribe's in-kind contribution requirement was the highest in the later years of the grant. The Blackfeet Tribe was required to provide $7.0 million of in-kind contributions from FYs 2009 through 2011. That created an environment where the appearance of substantial in-kind contributions became paramount if the maximum flow of federal money from the grant was going to continue.
However, the in-kind commitment could never be honestly met, so the conspirators began making up facts and documents to try and satisfy SAMHSA and the auditors that the in-kind contributions represented on their reports to SAMHSA were legitimate. They did so by inflating the figures related to in-kind contributions, assigning values to non-existent and illegitimate "contributions," and manufacturing fraudulent invoices and records to support fictional or inflated contributions. The misrepresentations as to in-kind amounts were made in monthly reports to SAMHSA and the documents were generated to placate auditors conducting a required annual audit of the Tribe's operations. These annual audits are required of tribe's accepting federal grant funds to insure that the grant funds are being used for their intended purpose and that the requirements of the contract agreement are being met. If auditors make negative findings, those findings can result in action by the federal agency to rescind the contract, demand repayment, or make an offset, where the government deducts money from future payments.
Several witnesses, whose names were used as in-kind contributors, denied preparing or signing the invoice and denied contributing time or goods to the Po'Ka Project, at least in the amount claimed.
Based on email evidence and the statements of cooperating witnesses, Onstad, Augare, and Still Smoking, along with others, conspired to make the false representations as to the in-kind contributions made to the Po'Ka Project, and then actively managed the creation of false documentation to cover the representations so that the auditors would not question the contributions and the federal money would continue flowing unabated. The false representations were in effect false claims that resulted in the expenditure of federal grant money that would not have been expended had the principals honestly represented the woefully inadequate level of non-federal support.
Auditors with the Office of Inspector General (OIG), U.S. Department of Health and Human Services, have determined that $4.6 million in claims for grant payments paid to the Tribe on the basis of Po'Ka' s in-kind contribution are unsupported, inflated, or completely falsified.
THE EMBEZZLEMENT SCHEME WITH THE NATIONAL EVALUATOR
Onstad and Augare embezzled from the program in a myriad of relatively minor ways - travel fraud, misuse of Po'Ka credit cards, exorbitant claims of overtime, etc. - but the most significant embezzlement came in the agreement they appeared to reach with the grant's national evaluator. Certain federal grants require the participation of a national evaluator; an outside observer whose job is to monitor the progress of the project. Onstad and Augare reached an agreement with the national evaluator whereby they would approve significant payments to the evaluator who would in turn kick back a sizable portion of what was provided to him. Between August 2008 and August 2011, Onstad and Augare approved over $475,000 in Po'Ka grant monies for the national evaluator, then doing business under an alias business name. In turn, between August 2008, and September 2011, the national evaluator transferred $231,550 to the Child Family Advocacy Center (commonly referred to as the Child Family Advocacy Fund or CFAF) bank accounts at the Wells Fargo Bank in Cut Bank, Montana.
Between September 2008 and September 2011, Onstad and Augare withdrew $225,482 from the CFAF accounts. Much of that money went into their personal accounts at Stockman Bank and from those accounts much was spent on gambling and travel.
TAX EVASION WITH REGARD TO 2008 TAX LIABILITY
In 2009, Onstad and Augare both filed federal income tax returns for the calendar year 2008 in which they claimed a certain amount of taxable income based on their salaries from the Po'Ka Program. However, they had also taken significant sums from the CFAF accounts, all of which constituted unreported income. By concealing that income from the Internal Revenue Service, Onstad and Augare paid approximately half of what was owed to the IRS.
The case was pursued by the Federal Bureau of Investigation and the Department of Health and Human Services' Office of Inspector General. The FBI and the IG also received substantial assistance from the Internal Revenue Service's Criminal Investigation Division.
U.S. Attorney Mike Cotter lauded the work of the FBI and the Inspector General's Office in the Po'Ka case as well as the myriad other cases investigated and prosecuted since the Guardians Project was made public in 2013.
Rarely does government produce such an effective anti-corruption team as has been created by the agents of the Guardians Project. Abandoning the traditional model of "You work your case and I'll work mine", these agencies have committed themselves to mutual cooperation. Working closely together-providing each other with time, resources, and expertise-has made these investigators the champions of Indian Country communities eager to rid themselves of corruption and the abuses of trust and power."
Former Blackfeet TANF Director Pleads Guilty to Massive Welfare Fraud After Guardians Uncover Almost $300,000 in Losses Sandra Marie SandervilleRead the Press Release
The United States Attorney's Office announced that the former Director of the Blackfeet Tribe's Temporary Assistance to Needy Families (TANF) Program, SANDARA MARIE SANDERVILLE, 58, of Browning, entered a plea of guilty to embezzlement and fraud before U.S. Magistrate Judge Keith Strong in Great Falls on February 27, 2014. She faces a possible 10 years in prison and a $250,000. Assistant U.S. Attorney Carl Rostad told the Court that his office would be seeking over $297,000 in restitution.
In an Offer of Proof, the prosecutor told the Court that in 2006, Sanderville became the Director of the Blackfeet Tribe's TANF (Temporary Assistance to Needy Families) program. TANF is a federally funded welfare program designed to help needy families achieve self-sufficiency. States receive block grants to design and operate programs that accomplish one of the purposes of the TANF program. Federally recognized Indian tribes can apply for funding to administer and operate their own TANF programs.
Between 2006 and 2010 (the time period of the indictment), the Blackfeet Tribe received over $3,000,000 annually in TANF monies, for a total of over $12,000,000.
Between April 2006 and her dismissal in November of 2010 (although she was suspended with pay and was not terminated until the following year), Sanderville engaged in a variety of schemes designed to overpay TANF clients who would then cash the illicit TANF checks and provide Sanderville with a cash kick back of a portion of the overpayment. The scheme involved both providing TANF funds to ineligible recipients and overpaying eligible recipients. The overpayments were accomplished by adding children and grandchildren to the payment calculation, some real and others completely fabricated, failing to remove household residents who she knew were no longer in the household, and paying ineligible non-tribal members. Sanderville was able to conceal the scheme in part because she could, as Director, "restrict" access to accounts thereby preventing any other TANF office staff from seeing the computer file. Sanderville's scheme covered a four year period and involved approximately 16 to 20 TANF beneficiaries. Federal auditors have established the loss to the TANF program was over $297,612.
When Sanderville became the subject of an investigation by the Blackfeet Tribe's Internal Affairs Office, Sanderville went into the computer system and attempted to delete or destroy all files relating to the fraudulent scheme. A back-up computer file existed at an out-of-state location which allowed investigators to identify and recreate the transactions which were part of Sanderville's "split-check" schemes.
Sanderville was interviewed and admitted that she had designed and profited from the scheme. Initially, Sanderville alleged that she had only kept a small portion ($100) of each fraudulent overpayment, but when confronted with the statements of the known beneficiaries, Sanderville admitted that she had received the majority of the ill-gotten proceeds. Sanderville explained that she had developed a gambling problem and was gambling hundreds of dollars a week. Sanderville claimed sole responsibility for the scheme, and insisted that no one else in the TANF office knew of or participated in the overpayment scheme. She also claimed that she had misled the beneficiaries by telling them that the additional money was "extra" money from a grant or other fund. She also, according to her statement, advised beneficiaries that the money they were returning to her was going back into the TANF program.
The case was pursued by the Department of Health and Human Services' Office of Inspector General. That agency was partnered with the other agencies from the U.S. Attorney's Guardians Project, including the Federal Bureau of Investigation and the Department of Agriculture's Office of Inspector General. The HHS OIG also received substantial assistance from the Blackfeet Tribe's Internal Affairs office.
U.S. Attorney Mike Cotter lauded the work of the Guardians in the Sanderville case as well as the myriad other cases investigated and prosecuted since the project was disclosed in 2013.
Rarely does government produce such an effective anti-corruption team as has been created by the agents of the Guardians Project. Abandoning the traditional model of "You work your case and I'll work mine", these agencies have committed themselves to mutual cooperation. Working closely together-providing each other with time, resources, and expertise-has made these investigators champions of Indian Country communities eager to rid themselves of corruption and the abuses of trust and power."
Intrieri Sentenced to 30 Months for Wire FraudRead the Press Release
The United States Attorney(s Office announced that STEPHEN SALVATORE INTRIERI, 30, of Mount Laurel, New Jersey, was sentenced on February 20, 2014, to a term of 30 months in federal prison for with three years of supervised release to follow, for running an interstate scrap metal scam. Intrieri was sentenced by U.S. District Judge Dana L. Christensen in Missoula. Christensen also ordered Intrieri to pay $326,474.36 in restitution.
In an Offer of Proof filed with the Court, Assistant U.S. Attorney Tim Racicot
Whitefish Police Department initially received a complaint from an officer with a New Jersey scrap metal procurement company that buys scrap metal in the United States and sells it overseas. On February 29, 2012, the company received a call from "Tony Giordano," a salesman for Montana Metal Recyclers ("MMR"), which was allegedly doing business from Whitefish, about purchasing scrap metal. An agreement was reached and on June 8, 2012, the New Jersey company wired $19,000 to MMR's bank account at Bank of America.
The officer of the New Jersey company told police that he was cautious in his dealings with Giordano, but Giordano's knowledge of the scrap metal industry made him comfortable proceeding with the deal after receiving pictures of the material he was purchasing and Giordano's answers to some technical questions about the industry and the shipment. After he sent the money, Giordano could never be reached and the company never received the scrap metal it had purchased. When the company official was later asked if he had prior interactions with Intrieri, he described being defrauded out of $30,000 by Intrieri and Northeast Metal Traders in approximately 2009, and provided the documents from that transaction.
It is not uncommon for persons engaged in telemarketing fraud to return to prior victims-a technique referred to as "reloading"--with assurances that they want to redeem themselves by making it up to the victim with a second deal often more lucrative than the first. This scam prays on the desire to make up for lost investment and the chance to recoup lost funds is often too seductive to resist.
Another victim contacted the Whitefish police-as well as the Secret Service in New York-to report that he paid MMR $95,000 on the basis of representations made by a man who called himself "Tony Giordano," to buy scrap metal that he never received. The second victim, A.B., made two attempts to verify the legitimacy of MMR, including one with a person, A.W., whose name was referenced in a sales agreement to which MMR was a party. A.B. received a response to his email to A.W. indicating MMR was a reputable company, but when he actually spoke with A.W., he learned that A.W. did not send the email and had never heard of MMR.
The Secret Service in New York initiated an investigation into MMR, during which they discovered MMR did not have a facility or office at the address in Whitefish listed on the incorporation documents. They traced some of the money that paid to MMR to the purchase of a $37,510 engagement ring by Intrieri on February 10, 2012, from Jay Roberts Jewelers in Marlton, New Jersey. Intrieri paid for the ring with a cashier's check from RBS Citizens Bank. The owner of the jewelry store was interviewed and confirmed that a man who provided the name Steve Intrieri bought a 3-carat diamond engagement ring. Intrieri told the jeweler that he lived in Bayonne, NJ, and his parents lived in Mount Laurel, NJ.
The second victim was Facebook friends with Intrieri and told one of the investigating agents that Intrieri proposed to his girlfriend on February 11, 2012, and posted pictures of her wearing a large diamond ring. The second victim provided screen shots of the posts to the Secret Service and the owner of the jewelry store identified the ring that he sold Intrieri in the photo from the post on his fiancé's Facebook page. The owner also identified Intrieri from the RBS Citizen's Bank surveillance, which was captured at the same time he obtained the cashier's check to pay for the ring. The agents in New York eventually turned over their investigation to an agent in Montana, given that MMR was incorporated in Montana and allegedly had a business address in Whitefish.
RBS Citizens Bank froze MMR's account sometime around February 15, 2012. MMR's first statement for the Bank of America account covers the time period from February 15-29, 2012, which indicates it was opened the same time the RBS account was frozen. Intrieri wired more than $125,000 from the MMR Bank of America account into his personal Chase bank account, and nearly $10,000 was wired into his fiancé's account. Altogether, it appears that Intrieri received approximately $370,000 from the various victims of the MMR scheme. Approximately $49,000 was returned to the second victim with the RBS Citizens account was frozen.
Investigating agents found that Intrieri was affiliated with seven different businesses, at least four of which appeared to deal with scrap metal sales. Their searches revealed that Intrieri had been the subject of prior Secret Service investigations and had a criminal history. The agents also interviewed other victims of Intrieri's scheme, who provided information consistent with what was relayed by the victims who had contacted the Whitefish Police Department.
U.S. Attorney Mike Cotter reminded all Montanans to be wary of "cold calls" promising lucrative returns, particularly if you have been a prior victim of telemarketing fraud.
Unsolicited calls from people you do not know, making promises you want to believe, are most often completely fraudulent. These swindlers feed on people's dreams of an easier-more financially secure-future. With one phone call, they can steal those dreams by taking away all you've saved and everything you were saving for. And if you've been fooled before they will be back to take whatever they did not get the first time around." -- Mike Cotter, U.S. Attorney for Montana.
Mark Lawrence Wilson SentencedRead the Press Release
The United States Attorney(s Office announced that MARK LAWRENCE WILSON was sentenced on February 20, 2014, to a term of 6 months in federal prison with three years of supervised release to follow, before U.S. District Judge Dana L. Christensen.
Wilson was sentenced in connection with his guilty plea to being an unlawful drug user in possession of firearms.
In an Offer of Proof filed with the Court, Assistant U.S. Attorney Paulette Stewart advised the court that on November 8, 2012, Mark Lawrence Wilson, an unlawful drug user of marijuana and cocaine, possessed 12 firearms and more than 5,200 rounds of ammunition in Flathead County. Stewart told the court that Wilson was a user of both cocaine and marijuana.The investigation was a cooperative effort of Homeland Security Investigations, Montana Division of Criminal Investigation, Drug Enforcement Administration Laboratory, Bureau of Alcohol, Tobacco and Firearms, and the Northwest Montana Drug Task Force.
Man Found Guilty of Stabbing Three Women in PoplarRead the Press Release
The United States Attorney's Office today announced that after less than an hour of deliberation, a federal jury has found 31-year-old Robert Lewis Burshia guilty of stabbing three women at a residence in Poplar, Montana on March 6, 2013. Following a day and half long trial before U.S. District Court judge Brian M. Morris, the jury convicted Burshia of all four counts in the indictment: three counts of assault with a a dangerous weapon, and one count assault resulting in serious bodily injury.
At trial, Assistant U.S. Attorney Laura Weiss presented evidence that on the evening of March 6, 2013, Burshia appeared at a residence in Poplar where he asked to use the bathroom. Burshia then joined three women at the residence who were sharing a bottle of Black Velvet. He left, then returned fifteen minutes later, having told one of the women he was using meth and wanted to drink. As two of the women were eating spagetti, Burshia took a shot from the bottle in the kitchen and began making claiming that the bottle of Black Velvet belonged to him. Burshia then pulled up his hood, put his hand in the pocket of his hoodie and pulled out a knife. Burshia then stabbed one of the women. A second woman tried to protect the first assault victim and Burshia stabbed her as well. The two women then ran from the house and hid in the garage. Burshia, who had been in the house before, went straight back to the bedroom where the third woman was sleeping with two young children, ages six and seven. Burshia kicked the door in and stabbed the third woman as she draped her body over the children to try to protect them. He then fled the house and was located by law enforcement a few doors down.
The three women were transported by ambulance to the emergency room. The first woman who was stabbed had to be transported to Billings, due to the severity of her injuries. It is estimated that she lost 10 percent of her blood. In surgery, the doctor located a stab wound that went directly into her stomach. Part of her stomach had to be removed in order to staple shut the stab wound.
Burshia faces a possible penalty on each of the four counts of 10 years in prison, a $250,000 fine, and three years supervised release. The terms of imprisonment on each count could run consecutively.
The investigation was conducted by the Federal Bureau of Investigation and the Fort Peck Tribes Department of Law and Justice.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office today 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 Judge Strong in Great Falls on February 24, 2014 and entering please of Not Guilty were:
- VICTOR MICHAEL VIELLE, a 31-year-old resident of Browning, appeared on charges of second degree murder. If convicted of the charge contained in the indictment, VIELLE faces life imprisonment, $250,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs. PACER Case Reference: 13-110
Appearing before U.S. Magistrate Judge Strong in Great Falls on February 25, 2014 and entering pleas of Not Guilty were:
- KENNETH WAYNE DAVIS, a 58-year-old resident of Cascade, appeared on charges of conspiracy with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, felon in possession of a firearm, and drug user in possession of a firearm. If convicted of the most serious offenses charges in the indictment, DAVIS faces 40 years imprisonment, $5,000,000 in fines and 4 years supervised release. The case was investigated by the Drug Enforcement Administration and the HIDTA Task Force. PACER Case Reference: 14-11
- RUEBEN FRIESEN, a 33-year-old resident of Alberta, Canada, appeared on charges of travel with intent to engage in illicit sexual conduct. If convicted of the most serious offense charged in the indictment, FRIESEN faces 30 years imprisonment, $250,000 in fines and lifetime supervised release. The case was investigated by Homeland Security Investigations and the Great Falls Police Department. PACER Case Reference: 14-10
- WILLIAM TAYLER KIRKALDIE, a 31-year-old resident of Fort Belknap, appeared on charges of domestic abuse by a habitual offender. If convicted of the offense charged in the indictment, KIRKALDIE faces 5 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 14-12
The indictment is merely a formal charging document. It is not proof of guilt and all persons indicted are presumed to be innocent of any crime until proof of guilt is established by trial or guilty plea.
The U.S. Attorney's Office is currently transitioning its media program to new media contacts. Resources and this transition may affect the amount of information the office can process and disclose in a timely manner. Therefore, 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 Sentenced to Prison for Possession of Pipe BombRead the Press Release
The United States Attorney(s Office announced that MITCHELL TODD ROSS was sentenced on February 19, 2014, to a term of 16 months in federal prison with three years of supervised release to follow, before U.S. District Judge Donald W. Molloy.
Ross was sentenced in connection with his guilty plea to possession of a destructive device - a pipe bomb.
In an Offer of Proof filed with the Court, Assistant U.S. Attorney Lori Suek advised the court on November 13th, 2011, at approximately 1:06 am, the Billings Police Department (BPD) stopped on a red 1997 Pontiac Grand Am for not having a license plate lamp. Upon conducting the traffic stop, the driver, later identified as the defendant, Mitchell Todd Ross, failed to comply with police instructions and fled. After a brief foot pursuit, Ross was secured in handcuffs and placed him in the back of a patrol car.
While Ross was escorted to the patrol car, an officer looked inside Ross's car and took pictures of the contents. The items visible within the car included a hard plastic or glass pipe board and a white shirt wrapped in black electrical tape with a green fuse sticking out on the front passenger floor.
Ross's car was searched after he signed a consent form. A BPD bomb team member responded to the scene to determine if the item (suspected pipe bomb) wrapped in a white shirt with black electrical tape and a fuse sticking out of it was safe. Ross told police that a friend, whom he would not identify, approached him the previous day and asked Ross if he could do anything with a pipe bomb. Ross informed the friend he could and claimed the friend informed him the pipe bomb was a dummy. The friend asked Ross if he was interested in the pipe bomb and Ross indicated that he was.
The seized suspected pipe bomb was placed into the BPD explosives bunker. On November 18, 2011, an ATF Special Agent Explosives Enforcement Officer made the suspected pipe bomb safe. The suspected pipe bomb was made by capping the end of a shower head extension tube with a penny and cap, placing powder into the tube, and capping the end. The end without the penny had a round cap and a small hole in it where the green fuse was protruding out of the capped tube. Samples of the powder contained in the tube and the green fuse were collected and, along with the shower-head tube, were sent to the ATF Laboratory for analysis. An ATF Forensic Chemist examined the suspected pipe bomb and concluded that it contained a functional length of green pyrotechnic fuse measuring approximately 1/8 inch in diameter; two nitrate explosive mixtures, pyrotechnic stars and grain hulls; and the remains of a1/2 inch nominal diameter standard 6 inch chrome-plated brass shower arm assembly with a brass nut
US penny to one end of the shower arm effecting closure and the swivel head portion of the shower adapter securing the other end with a 1/8 inch diameter hole - of sufficient size to have accommodated a method of initiation. The ATF Explosives Enforcement Officer, after reviewing the report from the Forensic Chemist, concluded that the materials evaluated were consistent with an improvised explosive weapon; that lighting the fuse would, after a short delay, ignite the explosive filler causing the devise to explode; and that this explosion would produce blast and thermal effects and project fragments at high velocity. The pipe bomb was capable of causing property damage and injury or death to persons near the explosion.
Bernard James Horstman Sentenced on Drug ChargesRead the Press Release
The United States Attorney's Office announced that BERNARD JAMES HORSTMAN was sentenced on February 20, 2014, to a term of 120 months in federal prison with five years of supervised release to follow, before U.S. District Judge Dana L. Christensen.
Horstman was sentenced in connection with his guilty plea to conspiracy to distribute methamphetamine.
In an Offer of Proof filed with the Court, Assistant U.S. Attorney Tara Elliott advised the court that in August of 2012, the Northwest Drug Task Force (NWDTF) received information from several sources that an individual identified only as "BJ" was receiving methamphetamine through the mail and then distributing the methamphetamine throughout Northwest Montana.
Agents received information from a confidential informant who admitted to purchasing 2 grams of methamphetamine from Horstman on or about September 17, 2012. The informant had observed Horstman in possession of approximately 1/4 pound of methamphetamine.
On October 10, 2012, a DCI Agent applied for and received a state search warrant for an intercepted USPS Package addressed to the defendant. When the package was opened, agents discovered approximately 12.6 grams (contained in a small baggie further wrapped in aluminum foil) of methamphetamine located inside a DVD case.
On January 3, 2013 agents searched Horstman's Honda Civic and recovered 65 grams of pure meth. Horstman admitted that the meth was his, that he had purchased it in Fresno, California, and had transported it back to Montana.
The term pure methamphetamine refers to the purity contained in the transacted amount which is usually "cut" with inert ingredients that make the actual product less pure but more profitable as drugs are generally sold based on quantity not quality.
Armed Career Criminal Sentenced in U.S. District CourtRead the Press Release
The United States Attorney(s Office announced that RICARDO ANDRE ROSS, 47, of Billings, was sentenced on February 20, 2014, to a term of 180 months-or 15 years in federal prison-with five years of supervised release to follow, before U.S. District Judge Donald W. Molloy.
Ross was sentenced in connection with his guilty plea to being a felon in possession of a firearm. In accordance with 18 U.S.C. § 924(e)(1), the Armed Career Criminal Act (ACCA), Ross was also subject to a mandatory minimum of fifteen years imprisonment because he had at least three prior serious drug or violent felony convictions.
In an Offer of Proof filed with the Court, Assistant U.S. Attorney Brendan McCarthy advised the Court that at approximately 1:30 a.m. on September 12, 2012, an officer with the Billings Police Department was traveling westbound in his patrol vehicle on Broadwater Avenue when he observed that the 2003 Buick in front of him did not have a license plate light. The officer conducted a traffic stop and the driver of the Buick pulled the vehicle over into a nearby parking lot.
When the officer approached the driver side of the vehicle, he smelled marijuana. The officer questioned the driver, later identified as Ricardo Andre Ross. The officer ran a background check on Ross and the passenger, and discovered out that Ross was currently on state probation. The dispatcher spoke with Ross's probation officer and the probation officer consented to a search of the vehicle. Two other officers arrived to assist.
During the search, the officers recovered a Kel-Tec 9mm pistol with serial number 92378 from the driver's side door. In the center console of the vehicle, the officers recovered a Marlboro Red cigarette pack that had various items inside of it including a small bag containing a white crystalline substance which tested positive as methamphetamine. A black backpack was retrieved from the trunk of the vehicle from which officers recovered a Hi-Point, model JH, .45 caliber, semi-automatic pistol.
Ross had previously been convicted, on May 31, 1990, of a felony in the State of Virginia. That conviction prohibited him from possessing firearms, and his criminal record enhanced sentencing for that crime under the ACCA.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office today 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 Judge Lynch in Missoula on February 12, 2014 and entering pleas of Not Guilty were:
- BENJAMIN SCOTT HINEMAN, a 29-year-old resident of Whitefish, appeared on charges of conspiracy to distribute cocaine, possession with intent to distribute cocaine, and possession of a firearm in furtherance of a drug trafficking crime. If convicted of the most serious offenses charged in the indictment, HINEMAN faces life imprisonment, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Northwest Montana Drug Task Force. PACER Case Reference: 14-03
- SCOTT JOSEPH HINEMAN, a 60-year-old resident of Kalispell, appeared on charges of conspiracy to distribute cocaine, possession with intent to distribute cocaine, distribution of cocaine, and possession of a firearm in furtherance of a drug trafficking crime. If convicted of the most serious offenses charged in the indictment, HINEMAN faces life imprisonment, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Northwest Montana Drug Task Force. PACER Case Reference: 14-04
Appearing before U.S. Magistrate Judge Strong in Great Falls on February 18, 2014 and entering pleas of Not Guilty were:
- RONALD JAY KEMP, a 31-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 offense charged in the indictment, KEMP faces 40 years imprisonment, $5,000,000 in fines and 4 years supervised release. The case was investigated by the Tri-Agency Drug Task Force.. PACER Case Reference: 13-102
The indictment is merely a formal charging document. It is not proof of guilt and all persons indicted are presumed to be innocent of any crime until proof of guilt is established by trial or guilty plea.
The U.S. Attorney's Office is currently transitioning its media program to new media contacts. Resources and this transition may affect the amount of information the office can process and disclose in a timely manner. Therefore, 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.
Bakken Drug Case Defendant Sentenced in Federal CourtRead the Press Release
The United States Attorney's Office announced on February 18, 2014, in a court proceeding in United States District Court in Billings, Judge Donald W. Molloy sentenced Samuel Davis Everson III, 47, of Fairview, North Dakota to 168 months imprisonment and five years supervised release for the offense of possession of methamphetamine with intent to distribute. The charge against Everson alleged that he committed the offense between April 2012 and September 20, 2013, in Sidney and Fairview, Montana, when he possessed pure methamphetamine with the intent to distribute as part of a scheme whereby he and others distributed large amounts of pure methamphetamine in northeastern Montana.
The term pure methamphetamine refers to the purity contained in the transacted amount which is usually "cut" with inert ingredients that make the actual product less pure but more profitable as drugs are generally sold based on quantity not quality.
The prosecution was part of Project Safe Bakken, a cooperative effort between federal and state prosecutors and federal, state, local, and tribal law enforcement agencies in Montana and North Dakota. The investigation in the case was performed by the Montana Division of Criminal Investigations, the Sidney Police Department, and the Drug Enforcement Administration.
United States Attorney Michael Cotter, whose office prosecuted the case in federal court, stated "This case demonstrates the serious sort of drug trafficking at play in the Bakken oil fields. But it also shows how cooperative work between federal, state, local, and tribal law enforcement agencies as part of Project Safe Bakken can successfully combat crime in the region. This effort will continue for as long as it takes to ensure the Bakken is safe place to live and work."
Otis Gene Crosby Browning Man, 74, Draws 10 Years in PrisonRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, Montana, on February 13, 2014, before U.S. District Judge Brian M. Morris, OTIS GENE CROSBY, 74, of Browning, was sentenced to a term of 120 months imprisonment with ten years of supervised release to follow his release after pleading guilty to Aggravated Sexual Abuse.
The Court sentenced Crosby to the top of the range recommended under the federal sentencing guidelines. Because there is no parole in the federal system, the truth in sentencing guidelines mandate that Crosby will likely serve all of the time imposed by the court in prison. In the federal system, Crosby 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.
No other details are being released. The Government's Offer of Proof and Sentencing Memorandum are public record and may be electronically accessed using the PACER system at PACER Case Reference: 13-96
This investigation was conducted by the Bureau of Indian Affairs.