District of Montana
Press releases recorded for this federal judicial district.
Joseph Thomas Obresley Sentenced for Drug ViolationsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on February 12, 2014, before U.S. District Judge Donald W. Molloy, Joseph Thomas Obresley, was sentenced to 33 months imprisonment followed by 5 years of supervised release. Obresley was sentenced in connection with his October 8, 2013, guilty plea to conspiracy to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Tara Elliott, the government stated that on June 28, 2013, as part of a controlled drug enforcement operation, task force officers arranged to meet with an individual who was obtaining methamphetamine intending to sell the drugs to agents acting in an undercover capacity.
After the individual had indicated that he had the methamphetamine, members of the task force responded and the individual and others were arrested. Approximately 225 grams of methamphetamine were recovered from the individual's vehicle.
The investigation revealed that Obresley had brokered the June 28, 2013 drug deal.
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 11, 2014 and entering pleas of Not Guilty were:
- DAVID J. LEWIS, a 50-year-old resident of Brockton, appeared on charges of first degree murder and second degree murder. If convicted of the most serious offense charged in the indictment, LEWIS faces life imprisonment, $250,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation and Fort Peck Tribes Department of Law and Justice. PACER Case Reference: 14-06
- JAY HARWOOD OLD CHIEF, a 25-year-old resident of Browning, appeared on charges of aggravated sexual abuse and sexual abuse. If convicted of the most serious offense charged in the indictment, OLD CHIEF faces life imprisonment, $250,000 in fines and lifetime supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 14-02
Appearing before U.S. Magistrate Judge Strong in Great Falls on February 12, 2014 and entering pleas of Not Guilty were:
- FRANK ANTHONY TAKALA, a 51-year-old resident of Fairfield, appeared on charges of illegal possession of a machine gun, possession of an unregistered gun, and possession of a gun without a serial number. If convicted of the most serious offenses charged in the indictment, TAKALA 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: 14-07
Appearing before U.S. District Judge Watters in Billings on February 13, 2014 and entering pleas of Not Guilty were:
- BRANDON LEE TOUCHETTE, a 36-year-old resident of Billings, appeared on charges of possession with intent to distribute methamphetamine. If convicted of the offense charged in the indictment, TOUCHETTE faces life imprisonment, $5,000,000 in fines and 4 years supervised release. The case was investigated by the Federal Bureau of Investigation and Billings Drug Task Force. PACER Case Reference: 13-83
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.
Christopher K. Sherrod Sentenced for Drug ViolationsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on February 13, 2014, before U.S. District Judge Susan P. Watters, Christopher Kyle Sherrod was sentenced to 200 months imprisonment, 5 years supervised release, and a special assessment of $100. Sherrod was sentenced in connection with his guilty plea to possession with intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Bryan Whittaker, the government stated that on or about May 1, 2013, in Wibaux County, in the State and District of Montana, the defendant, CHRISTOPHER KYLE SHERROD, knowingly and unlawfully possessed, with the intent to distribute, 50 grams or more of actual (pure) methamphetamine, a Schedule II controlled substance, in violation of 21 U.S.C. § 841(a)(1).
On May 1, 2013, Montana Highway Patrol ("MHP") was patrolling Interstate 94 in Wibaux County, Montana. The MHP Trooper witnessed two passenger cars coming toward him
One car was passing the other car, and the passing car appeared to be speeding above the posted speed limit of 75 mph. The trooper initiated his radar unit when the passing car was past the overtaken vehicle and confirmed a speed of 82 mph in a 75 mph zone. The trooper turned on the speeding vehicle and followed it eastbound. As the trooper approached the car, he noted its rear bumper and rear quarter panel to have damage.
The trooper stopped the car and noted there was one only male occupant and that it was a rental car. He identified the driver by his Oregon driver's license as Christopher Kyle Sherrod. Sherrod told the trooper that he was a felon out of Oregon. The trooper observed that the vehicle had no luggage and was very clean. He asked Sherrod about the damage to the vehicle as it appeared to be very recent damage. Sherrod told the trooper that he was run into by a semi-truck around Bozeman, Montana, but that he did not want to report the crash until he got to his final destination.
Sherrod told the trooper that he was on the rental agreement with a friend of his who rented the car. But, when the trooper looked at the rental agreement Sherrod's name was not listed. The trooper also observed that the vehicle was rented from Portland, Oregon, on April 15, 2013, and was supposed to be returned on April 19, 2013. Furthermore, the rental agreement leased the vehicle to a John Kill, and restricted the vehicle's operation to only Washington and Oregon.
The trooper observed that Sherrod was very nervous during the traffic stop. In fact, while outside the trooper's vehicle, Sherrod became so nervous that he fainted and passed out beside the car; aid was rendered to Sherrod. Sometime thereafter, the trooper asked Sherrod for consent to search the car, but Sherrod refused.
The trooper learned that Sherrod was on parole/probation in Oregon. As such, he contacted Sherrod's Parole Officer about his trip, his presence in Montana, and his contact with law enforcement. The Parole Officer out of Oregon, requested Sherrod be taken into custody and requested a nationwide warrant for Sherrod's arrest for violating the terms of his parole by being in Montana.
Officers impounded the rental vehicle and obtained consent to search the car from the rental company so as to remove any belongings and return the car to the rental company. Upon doing so, officers found a black gym bag in the car. They also found some other suspicious items including a zip lock bag containing smaller zip lock bags in the glove box.
Officers then obtained a state search warrant for Sherrod's gym bag. A search of the bag revealed a plastic container holding approximately 1 lb. of suspected methamphetamine. Officers also found a Hi Point .40 caliber pistol in Sherrod's bag.
The DEA laboratory tested the suspected methamphetamine and determined that there was 334.1 grams of actual/pure methamphetamine which had been recovered from Sherrod's bag.
Wiliam Davis, Jr. Sentenced to 36 Months in Prison for Sexually Abusing A Minor in 2007Read the Press Release
The United States Attorney's Office announced that on February 7, 2014, Chief U.S. District Judge Dana L. Christensen, sentenced WILLIAM DECATURE DAVIS, JR., 47, of Havre, Montana, to a term of 36 months' in prison, followed by five years of supervised release, for the 2007 sexual abuse of a minor.
Davis was convicted of sexually abusing a six-year old girl after a four day jury trial that began on November 12, 2013. At trial, Assistant U.S. Attorney Jessica Betley presented evidence that the victim, now 12, came forward in August of 2012 and was interviewed by the FBI. She alleged that the defendant, William Davis, Jr., who also goes by "Rooster," raped her in the summer of 2007 when she was six. The defendant, a member of the Eastern Band of Cherokee Indians, was at the time a neighbor of the girl and her mother in a trailer park on the Fort Belknap Indian Reservation.
The victim testified that she woke up one night and could not find her mother. She walked next door to her neighbor's trailer to look for her mother. The victim walked into the trailer and saw the defendant sitting on the couch and drinking beer. The defendant called the victim over and he grabbed her by the front of the shirt and sexually assaulted the girl. When the assault was over, the victim put her clothes on and ran out of the door.
The FBI interviewed Davis two days after the disclosure and he admitted he had sexually abused the victim approximately five and a half years ago in the summer of 2007. In his statement, while denying the more serious assault described by the victim, conceded that he had sexually molested the child and expressed regret for his conduct.
Thomas Andrew Quinton SentencedRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on February 6, 2014, before U.S. District Judge Brian M. Morris, THOMAS ANDREW QUINTON. was sentenced to a term of 48 months imprisonment, 5 years supervised release, a special assessment of $100.
QUINTON was sentenced in connection with his November 12, 2013 guilty plea to travel to engage in illicit sexual conduct. In an Offer of Proof filed by Assistant U.S. Attorney Michael Lahr, the government stated that in June 2013, members of the Internet Crimes Against Children (ICAC) Task Force in Great Falls conducted a "catch the predator" operation. An advertisement was posted on Craigslist in an attempt to target individuals in Great Falls and the surrounding area who were interested in engaging in sexual conduct with a minor child.
On June 24, 2013, a Homeland Security Investigation (HSI) Special Agent posted one such ad and received numerous responses. The agent then used an undercover persona to pose as a fictitious person named "Teresa Smith", a 38-year old female in Great Falls living with her 12-year old niece, "Katie Smith." The agent exchanged several e-mails with an individual responding to the ad who ultimately identified himself as Thomas Andrew Quinton, a Canadian citizen. The emails from Quinton contained descriptions of sexual acts Quinton wanted to engage in with "Katie". Quinton also sent a photograph of himself and two more photos of a graphic nature.
Beginning July 2, 2013, Quinton began texting the agent stating that he would be taking time off work. The agent exchanged 375 text messages with Quinton between July 2, 2013, and July 3, 2013. Many of the text messages contained descriptions of sexual acts or were of a sexual nature. Quinton was advised on multiple occasions via text and e-mail that "Katie" was a 12-year old girl.
The telephone number Quinton used was identified as a Canadian-based number out of Lethbridge, Alberta.
Quinton was given the address of the house being utilized by ICAC Task Force agents for the operation, and Quinton agreed to travel to the residence to engage in sexual conduct with "Katie". At around 4:15 p.m. on July 3, 2013, Quinton parked his truck at the residence and walked to the house where he was arrested and taken into state custody charged with violations of § 45-5-625, M.C.A., sexual abuse of children.
Law enforcement officers interviewed Quinton who stated that he had traveled from Lethbridge to Great Falls on July 3, 2013, to have sex with "Katie". He confirmed his cellular phone number was the number used for the text messaging and that he had corresponded via text messaging and e-mails with "Teresa" and "Katie" for the purpose of meeting "Katie" and engaging in sexual acts. Officers also confirmed that Quinton and his vehicle had entered the United States at the Sweetgrass Port of Entry on July 3, 2013, at 2:28 p.m.
Randy Rider Sentenced to 10 Years in Prison for Distribution of MethamphetamineRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on February 6, 2014, RANDY LEE RIDER, 47, of Klamath Falls, Oregon, was sentenced to a term of 120 months' imprisonment and five years of supervised release, by U.S. District Judge Brian M. Morris,
Rider was sentenced in connection with his November 21, 2013, guilty plea to distribution of methamphetamine. In an Offer of Proof filed by Assistant U.S. Attorney Jessica Betley, the government stated it would have proved that beginning in January 2013, undercover agents began to buy methamphetamine from Devan Kelly. The defendant supplied Kelly with methamphetamine. These sales progressed, and in April, agents inquired into whether Kelly would sell them a pound of methamphetamine. Kelly agreed to sell a pound of methamphetamine for $23,000.00, but he first had to contact his supplier, the defendant. Kelly and the agents then agreed the sale would take place in Lewistown, Montana, on April 29, 2013.
Just prior to the deal on April 29, 2013, Kelly met with the defendant to get the methamphetamine. The sale then took place, and Kelly gave undercover agents the pound of methamphetamine. This methamphetamine was tested and the laboratory concluded it was 99.5% pure and contained 439.0 grams of actual methamphetamine.
After Kelly's arrest, agents followed the defendant to a house in Lewistown, where he was confronted and admitted he had been Kelly's methamphetamine supplier, and had given Kelly the pound of methamphetamine to sell to the agents.
This investigation was conducted by the FBI Violent Crimes Task Force.
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 7, 2014 and entering pleas of Not Guilty were:
- VON RACKHAM, a 41-year-old resident of Carmichael, California appeared on charges of conspiracy with intent to distribute methamphetamine. If convicted of the offense charged in the indictment, RACKHAM faces 40 years imprisonment, $5,000,000 in fines and 4 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 13-22
- MARGARET SILVIA, a 50-year-old resident of Fair Oaks, California appeared on charges of conspiracy with intent to distribute methamphetamine. If convicted of the offense charged in the indictment, SILVIA faces 40 years imprisonment, $5,000,000 in fines and 4 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 13-22
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.
George Theodore Sutherland Sentenced for AssaultRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on February 6, 2014, before U.S. District Judge Brian M. Morris, GEORGE THEODORE SUTHERLAND., 21, of the Box Elder, was sentenced to a term of 21 months imprisonment, 3 years supervised release, a special assessment of $100.
SUTHERLAND, was sentenced in connection with his guilty plea to assault resulting in serious bodily injury. In an Offer of Proof filed by Assistant U.S. Attorney Danna Jackson, the government stated that on or around April 3, 2012, the defendant, who is an enrolled member of the Chippewa Cree Indian Tribe, chased the victim down a road, intentionally kicking her, causing the victim to fall and strike her head on the ground.
As a result of the fall, the victim suffered a gash on her temple. The victim sought treatment at the Northern Montana Hospital Emergency Room. The victim bled a significant amount. In addition to receiving several sutures, the victim was treated for her extreme physical pain.
Stone Child Theft Brings 18 Month SentenceRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on February 5, 2014, before U.S. District Judge Brian M. Morris, JOHN OWEN HOBBS, JR., 31, of the Box Elder, was sentenced to a term of 18 months probation, $8,657 restitution, and a special assessment of $100.
HOBBS, was sentenced in connection with his November 14, 2013 guilty plea to theft from an Indian tribal organization. In an Offer of Proof filed by Assistant U.S. Attorney Danna Jackson, the government stated that on or around January 10, 2013, JOHN OWEN HOBBS, JR., along with two other individuals, broke into the bookstore at Stone Child College and knowingly stole $8,544.69 worth of merchandise and cash. The Defendant, and others, took seven iPod Touches, an iPod Nano, headphones, and several jackets.
Homar Renova-Castillo 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 February 5, 2014, before U.S. District Judge Susan P. Watters, HOMAR RENOVA-CASTILLO, a 37 year-old resident of Tucson, Arizona, was sentenced to a term of:
Prison: 135 months
Special Assessment: $ 200
Restitution: N/A
Supervised Release: 5 years
Renova-Castillo was sentenced in connection with his guilty plea to conspiracy to possess with intent to distribute methamphetamine and illegal re-entry of deported alien.
In an Offer of Proof filed by Assistant U.S. Attorney Brendan McCarthy, the government stated it would have proved at trial the following:
Homar Renova-Castillo, an alien and citizen of Mexico, was previously convicted in 2000 in Yellowstone County, Montana, for felony criminal endangerment. Renova-Castillo was then deported from the United States on January 31, 2002, and left through El Paso, Texas. Renova-Castillo was subsequently found in the United States. Specifically, on November 19, 2012, Renova-Castillo was pulled over in a motor vehicle near Park City, Montana by a Yellowstone County Deputy Sheriff. Renova-Castillo was never granted permission by the Attorney General or the Secretary of the Department of Homeland Security to enter the United States.
In August of 2012, agents with the EMHIDTA began investigating the sale of methamphetamine in Billings by J.S. and Homar Renova-Castillo. On August 22, 2012, agents spoke with co-conspirator who stated that he had made two trips to Idaho with Homar Renova to pick up methamphetamine. The co-conspirator estimated that they picked up two pounds of methamphetamine each time. The co-conspirator stated that the methamphetamine was provided to Renova's distributor in Billings, J.S.
A confidential informant then made purchases of methamphetamine from J.S. on eight separate occasions from September of 2012 through April of 2013. Each purchase was for approximately 1/4 grams of methamphetamine. J.S. indicated to the confidential informant that Renova was her source of supply.
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 Missoula on January 27, 2014 and entering pleas of Not Guilty were:
- STEVE HUMISTON, a 56-year-old resident of Tacoma, Washington appeared on charges of child exploitation enterprise and conspiracy to advertise child pornography. If convicted of the most serious offense charged in the indictment, HUMISTON faces life in prison, $250,000 in fines and lifetime supervised release. The investigation was a cooperative effort between the Federal Bureau of Investigation, Homeland Security Investigation, Montana Division of Criminal Investigations, Internet Crimes Against Children Task Force, Polson Police Department and Helena Police Department. PACER Case Reference: 13-30
- ROBERT LEE KRISE, a 65-year-old resident of Gaithersburg, Maryland appeared on charges of child exploitation enterprise and conspiracy to advertise child pornography. If convicted of the most serious offense charged in the indictment, KRISE faces life in prison, $250,000 in fines and lifetime supervised release. The investigation was a cooperative effort between the Federal Bureau of Investigation, Homeland Security Investigation, Montana Division of Criminal Investigations, Internet Crimes Against Children Task Force, Polson Police Department and Helena Police Department. PACER Case Reference: 13-30
- IAN JOSEPH NOSEK, a 42-year-old resident of Charlottesville, Washington appeared on charges of child exploitation enterprise and conspiracy to advertise child pornography. If convicted of the most serious offense charged in the indictment, NOSEK faces life in prison, $250,000 in fines and lifetime supervised release. The investigation was a cooperative effort between the Federal Bureau of Investigation, Homeland Security Investigation, Montana Division of Criminal Investigations, Internet Crimes Against Children Task Force, Polson Police Department and Helena Police Department. PACER Case Reference: 13-30
- JEFFREY WOOLLEY, a 53-year-old resident of Nicholasville, Kentucky appeared on charges of child exploitation enterprise and conspiracy to advertise child pornography. If convicted of the most serious offense charged in the indictment, WOOLLEY faces life in prison, $250,000 in fines and lifetime supervised release. The investigation was a cooperative effort between the Federal Bureau of Investigation, Homeland Security Investigation, Montana Division of Criminal Investigations, Internet Crimes Against Children Task Force, Polson Police Department and Helena Police Department. PACER Case Reference: 13-30
Appearing before U.S. Magistrate Judge Strong in Great Falls on January 30, 2014 and entering pleas of Not Guilty were:
- CHARLES CROSBY, a 43-year-old resident of Trenton, New Jersey appeared on charges of child exploitation enterprise and conspiracy to advertise child pornography. If convicted of the most serious offense charged in the indictment, CROSBY faces life in prison, $250,000 in fines and lifetime supervised release. The investigation was a cooperative effort between the Federal Bureau of Investigation, Homeland Security Investigation, Montana Division of Criminal Investigations, Internet Crimes Against Children Task Force, Polson Police Department and Helena Police Department. PACER Case Reference: 13-30
Appearing before U.S. Magistrate Judge Lynch in Missoula on February 4, 2014 and entering pleas of Not Guilty were:
- LLOYD NICKLE, 47-year-old resident of Minot, North Dakota 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, NICKLE faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 13-23
Appearing before U.S. Magistrate Judge Strong in Great Falls on February 4, 2014 and entering pleas of Not Guilty were:
- JEFFREY JOE ROY IRONPIPE, a 21-year-old resident of Cut Bank, appeared on charges of sexual abuse of a minor. If convicted of the charge in the indictment, IRONPIPE faces 15 years in prison, $250,000 in fines and lifetime supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 14-01
Appearing before U.S. Magistrate Judge Lynch in Missoula on February 5, 2014 and entering pleas of Not Guilty were:
- RONALD THOMAS WILLIAMS, a 36-year-old resident of Belgrade, appeared on charges of possession with intent to distribute dextroamphetamine/amphetamine and carrying a firearm during and in relation to a drug trafficking crime.. If convicted of the most serious charge in the indictment, WILLIAMS faces 20 years in prison, $1,000,000 in fines and 3 years supervised release. The case was investigated by the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco and Firearms. PACER Case Reference: 14-02
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 Oil Lease Telemarketer Mike Campa Sentenced to 30 Years Without ParoleRead the Press Release
The United States Attorney's Office announced that during a federal court session in Helena, on January 30, 2014, before Senior U.S. District Judge Sam E. Haddon, the mastermind of a nationwide oil and case swindle involving fraudulent investments in leases on the Fort Peck Indian Reservation, MIKE ALFONS CAMPA, 55, of Yorba Linda, California, was sentenced to 360 months-30 years-in prison and $5,175,406 in restitution.
Campa was sentenced for his involvement in a telemarketing fraud scheme that operated from 2006 until it was shut down by federal agents in the summer of 2012. Campa and his associates promised investors that they had oil and gas leases with the prospect of production and refining on the Fort Peck Indian Reservation. The group sold interests in the promotion to investors from all over the United States. In truth, Campa's leases were never valid (for failure to follow procedural requirements) and to the extent they were available they were cancelled in 2007.
Campa pled guilty to all charges just prior to the trial of his wife, Suzette Gal, her sons and codefendants, Andras Gal and Krisztian Gal, and his business partner and codefendant, Steven Carpenter. Campa then appeared as a defense witness for the Gal defendants, placing much of the blame on Carpenter but telling the jury that his wife and her children were blameless.
Suzette Gal was convicted on all counts and sentenced to ten years in prison in August 2013. Andras Gal was convicted on all counts and sentenced to six years in prison. In December 2013, Krisztian Gal, who was convicted of conspiracy to commit fraud, was sentenced to five years in prison. Steve Carpenter, who had a criminal history for committing telemarketing fraud dating back to the early 1990s, was convicted on all counts and sentenced to 188 months in August of 2013. All have appealed their convictions.
At trial, Assistant U.S. Attorney's Carl Rostad and Ryan Weldon provided evidence that in the summer of 2006, a California man originally from the Fort Peck Indian Reservation who had inherited mineral interests on the reservation, was approached by Mike Campa and Suzette Gal. Campa and Gal convinced the owner to lease his land for an oil and natural gas project to Domestic Energy Solutions, a company based in Yorba Linda, California. In June and July, Suzette Gal, as President of Domestic Energy Solutions, signed three Offers to Lease on Fort Pack lands. On October 20, 2006, the BIA informed Domestic Energy Solutions that the three oil and gas leases had been approved and billed the company $8,583.40 for the three leases. When the payment required to complete the leasing process was not forthcoming from Domestic Energy Solutions the leases were cancelled. The correspondence advising the company of their default was signed for by Mike Campa and Suzette Gal. Domestic Energy Solutions never responded to the BIA letters warning of default and cancelling the leases, and never again communicated with the BIA to perfect their interest.
A US Bank account was opened in October of 2009 by Andras Gal, using the Domestic Energy Solutions address of 5818 Via Romero in Yorba Linda. The account was opened as a business account for company Domestic Energy Solutions. Gal indicated on the account opening documents that Domestic Energy Solutions was a sole proprietorship owned by him and was the only person listed on the account's signature card. The account was opened with a $2,500.00 deposit of a check dated October 1, 2009, made payable to Domestic Energy Solutions from investors from Port Orange, Florida.
On December 15, 2009, Mike Heretel, an alias name known to be used by Mike Alfons Campa, opened the e mail account [email protected] which was used to communicate with, and solicit investments from, potential investors in Domestic Energy Solutions. The solicitations for investment in a Fort Peck/Bakken Fields oil and gas project made by Mike Campa, using the alias Mike Heretel, began generating significant investment from investors persuaded to participate in the oil and gas venture. Campa used the BIA Lease documents generated in the summer of 2006 as validation for his claims that Domestic Energy Solutions had an ongoing enterprise in northwest Montana.
Between May 2010 and December 2011, the conspirators solicited, or aided and abetted in the solicitation of, monies from investors based upon conversations by phone and e-mail with Mike Campa and Steve Carpenter.
In June 2011, Mike Campa began notifying investors with Domestic Energy Solutions that the company was going to become a Limited Liability Corporation (LLC) and merge with US Energy. For example, prosecutors introduced at trial a June 30, 2011, email message sent from [email protected] to dijoe@*****.net and copied to [email protected] with a subject line of "letter of intent." The body of the e mail read, "***, Domestic Energy Solutions and US Energy will be one LLC and you will get ownership as a non-liable partner. This letter was emailed to Bureau of Indian Affairs and was given the green light by Lori Nordwick, the acting superintendent. The original and all the other info is on the way to the Ft. Peck tribe. Your patience will be well rewarded. Thanks, Mike P.S. I'll try to avoid you having to wire the $5000 tomorrow and let you overnight a check." The prosecutors introduced dozens of emails at trial making the same or similar promises and fraudulent representations.
On July 22, 2011, an e mail message sent from [email protected] to an investor or potential investor, which had a five page Letter of Intent for Business Transactions dated June 28, 2011. The letter was from U.S. Energy, 18340 Yorba Linda Blvd. #153, Yorba Linda, CA 92887 and addressed to the Superintendent, Ft. Peck Reservation. The letter was a proposed agreement between U.S. Energy and the Ft. Peck Reservation to allow U.S. Energy to "build a 20,000 barrel per day oil refinery on the Ft. Peck Indian Reservation." No such letter was ever received by the BIA, but the letter was used by the conspirators to validate their claims that investors would profit not only from oil and gas production but from the refined products as well.
In September 2011, investors were notified by Steve Carpenter that U.S. Oil and Gas, LLC had acquired Domestic Energy Solutions. The solicitations are the same-" that U. S. Energy has an oil and gas operation on the Fort Peck Indian Reservation" and that the investors could "buy in" and realize significant returns on their investment.
Another example of the communications from the conspirators is a September 6, 2011, email to an investor from Steve Carpenter, using an e-mail account of [email protected], which read, in part, that "[t]his letter is to acknowledge that US Oil and Gas has assumed all Domestic Energy Solutions clients, liabilities and projects." Attached to the e-mail were blank pages of a Bureau of Indian Affairs Collective Bond form. This notification was also sent to other investors. At trial, victims testified that Carpenter's appeal for more money suggested that without additional capital, all previous investments would be lost, placing the victims in the position to either add to their share or lose everything they had already committed.
A new US Bank account was opened on September 12, 2011, in the name of U.S. Oil and Gas by Andras Gal, using the Domestic Energy Solutions address of 5818 Via Romero, Yorba Linda, CA 92887. Gal indicated on the account opening documents that U.S. Oil and Gas was a sole proprietorship involved in the oil drilling business and he was the only person listed on the account's signature card. The account was opened with an $18,000.00 check from an investor in Redmond, Washington. On the memo line of the check a notation indicated "1% ownership."
An e mail [email protected] created on July 16, 2011, by Mike Campa (as Heretel). This e mail account was used to communicate with and solicit investments from potential investors in Domestic Energy Solutions. On September 28, 2011 at 5:21 p.m., an e-mail message to an investor from the [email protected] account, with a subject line of "montana info" read "Ed check out this confidential report [link omitted]. Then go to momtanancdude.com for other links. Attached is our letter of intent submitted to the Indians. If you have any questions please call me at 714 489 1919. Thanks, Steve Carpenter". The website address in the e mail linked to a 98 page report entitled Status of Mineral Resource Information for the Fort Peck Indian Reservation, Northeastern Montana B Administrative Report BIA 28 (1977) Also attached to the e-mail was a five page Letter of Intent for Business Transactions, dated June 28, 2011, from AU.S. Oil and Gas, LLC aka Domestic Energy Solutions, 18340 Yorba Linda Blvd. #153, Yorba Linda, CA 92887.@ The letter was to the Superintendent, Ft. Peck Reservation and purportedly represented or referenced a proposed agreement between U.S. Energy and the Ft. Peck Reservation to allow U.S. Energy to build a "20,000 barrel per day oil refinery" on the Ft. Peck Indian Reservation. The letter was unsigned. The BIA has no record of ever receiving any such letter and at trial, Fort peck Tribes official Stoney Anketell testified that he had never heard of these companies and that there had never been any negotiations with Campa or Carpenter about the construction of an oil refinery on reservation lands.
As an example of the solicitation as it evolved after June 2011, in an October 27, 2011, [email protected] email sent to a potential investor-with a subject line of "montana oil"-Carpenter wrote that "[e]ach $30,000.00 investment will entitle you to a 1% ownership in US Oil and Gas and all income generated on the Ft. Peck Indian Reservation. Each percentage will also include income generated by all oil and natural gas, our drilling rigs, a 20,000 bpd refinery, pipelines and other land leases. You will recoup your initial investment within 120 days of completion and monthly checks thereafter of at least 5 percent. Upon receipt of your funds, payable to U.S. Oil and Gas, we will file your name with the Bureau of Land Management in Montana, and they will in turn forward you the necessary paperwork and contacts. Attached is our official letter of intent and other documents. Check out this confidential report ... Thankyou (sic) for your Trust and Confidence. We look forward to sharing our success with you. Steve Carpenter." The e-mail was nearly identical-even with the same typo and case structure-to emails sent by Mike Campa in 2009.
On February 17, 2012, a person who suspected he may have been a victim of the Campa/Carpenter oil and gas scheme made a referral to the U.S. Department of Interior's Office of Inspector General. On March 1, 2012, a phone call was made to Steve Carpenter that was monitored by federal agents. During the phone call Steve Carpenter assured the investor that there was "zero chance" that the investor would lose the money that had been committed to the investment with U.S. Oil and Gas, LLC. Carpenter told the investor that "everything was going perfect" with U.S. Oil and Gas and the Fort Peck investment. Carpenter advised that he was going to have a conference call on March 5, 2012, with the Fort Peck Tribe in order to finalize everything so that the drilling could begin.
The FBI and Department of Interior's Office of Inspector General initiated a joint undercover investigation of Steve Carpenter, Mike Campa, Suzette Gal, and Andras Gal in April 2012. During a recorded phone call between Steve Carpenter and an undercover agent (UA) from the Department of Interior's Office of Inspector General posing as a potential investor, Carpenter told the UA that he would receive paperwork from the Bureau of Land Management and the Bureau of Indian Affairs that would show that the UA had an ownership interest in the Indian mineral rights. Carpenter told the UA that he, Carpenter, was required to have, and had posted an irrevocable $75,000 certificate of deposit bond with the Bureau of Indian Affairs in connection with the project. During one of their conversations, Carpenter told the UA that he was so close to the Fort Peck Indians that they were going to have a ceremony in his honor and make him a blood-brother of the Tribe.
The UA, posing as a watercraft broker from South Carolina willing to invest in the oil and gas project at Fort Peck, arranged to meet Carpenter in person to deliver a $43,000 check. The two met in a hotel room in Yorba Linda, California, on August 23, 2012. Their meeting was video and audio recorded by agents of the FBI. During that meeting, Carpenter told the UA that the project was on the cusp of fruition and that he had received $158 million dollars in loan commitments from banks in Central and South America. Carpenter assured the UA that he had three rigs on site and that he was working closely with the BLM, BIA, and the Tribes.
Immediately after the meeting, FBI agents arrested Carpenter. Campa, Suzette Gal, Andras Gal and Krisztian Gal were arrested later that day.
Between October of 2009 and May 25, 2012, the Fort Peck oil and gas schemes (Domestic Energy Solutions and U.S. Oil and Gas) brought the defendants approximately $673,406.62 in monies from investors.
Judge Haddon also heard evidence of Campa's involvement in a 2011-2012 Arizona gold mining scheme. Prosecutors linked the two schemes by following money from the Liberty Bell scheme-being run by former Edmonton Oilers owner Peter Pocklington-into an account controlled by Krisztian Gal and proceeds from that account to Steve Carpenter. The Arizona gold mine scheme was shut down by state authorities in May of 2013. Trial testimony revealed that Campa had received a $900,000 commission for his role in bringing in a $4.5 million investment into the Liberty Bell scheme.
At sentencing, prosecutors emphasized Campa's long history of telemarketing and investment fraud. On July 8, 1993, Campa pled guilty in California to mail fraud. Campa owned and operated a company named International Marketing Concepts, which was engaged in extensive telemarketing fraud. Campa and his employees would inform elderly victims that they had won fictitious, expensive prizes and persuade the victims to send money in order to claim their winnings.
While free on bail after the first guilty plea, Campa resumed his illegal telemarketing activities. He was re-arrested on February 4, 1994. On March 17, 1994, he pled guilty to two more counts of wire fraud. The court then sentenced Campa to sixty months' incarceration with three years' supervised release and ordered Campa to pay $319,123 in restitution and a $150 fine.
On October 11, 2012, the United States filed a pleading with the Court outlining Campa's involvement in other fraudulent investment promotions. Campa, both individually or through his association with other telemarketing schemes as a salesman, was the subject of cease and desist orders from Pennsylvania, Missouri, and Washington State. On April 2, 2007, the State of Colorado obtained a default judgment against Mike Campa in the amount of $476,875 for his role in an oil and gas investment fraud scheme called Universal Energy Solutions.
United States Attorney Mike Cotter:
This sentence puts an end to Mike's Campa's chances to prey on others. Telemarketing fraud is a uniquely deplorable crime-from the sophistication and thought it requires to construct and execute to the vulnerability of the people it targets. Campa's victims included the elderly looking for a chance to pass along a nest-egg to their children and the desperate caring for a sick loved one or facing foreclosure. People like Mike Campa and Steve Carpenter feed on hope and live on other peoples' dreams-enjoying the high-life while condemning their victims to poverty. In a single phone call they can take away everything a person has saved and everything they are saving for. Only a sentence like this can protect the public from a man like Mike Campa."
Because there is no parole in the federal system, the (truth in sentencing( guidelines mandate that Campa will likely serve all of the time imposed by the court. In the federal system, Campa does have the opportunity to earn a limited reduction in time served for (good behavior(; a reduction for good conduct while incarcerated will not exceed 15% of the overall sentence.
Poplar Man Sentenced in Double StabbingRead the Press Release
The United States Attorney(s Office announced that on Thursday, January 23, 2014, JAMES MICHAEL YOUPEE, 35, of Poplar, was sentenced to 42 months in prison, to be followed by three years of supervised release, by U.S. District Judge Brian Morris for stabbing two people in a Poplar hotel room.
According to an offer of proof filed by Assistant United States Attorney Laura Weiss, in April of 2013, Youpee was staying in a Poplar, Montana, hotel room when he got into an argument with a woman. When she went to another hotel room to use the phone, Youpee followed and forced his way into the room where he stabbed and cut the woman and the man who was living in the room. The male victim suffered life-endangering injuries and was flown to Billings for medical treatment. He has since suffered migraine headaches and pain from his injuries, one of which was a stab wound at the base of his neck.
Youpee was charged with assault with a dangerous weapon and assault resulting in serious bodily injury. Because there is no parole in the federal system, the (truth in sentencing( guidelines mandate that Youpee will likely serve all of the time imposed by the court. In the federal system, Youpee 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 investigation was conducted by the Federal Bureau of Investigation and the Fort Peck Tribes Department of Law and Justice.
Michael David Bailey 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 January 22, 2014, before Senior U.S. District Judge Donald W. Molloy, MICHAEL DAVID BAILEY, a 34-year-old resident of Missoula, Montana, was sentenced to a term of:
Prison: 180 months
Special Assessment: $ 100
Restitution: N/A
Supervised Release: 5 years
Bailey was sentenced in connection with his guilty plea to Felon in Possession of a Firearm.
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 July 14, 2013, the Montana Violent Crime Task Force apprehended the defendant in Billings. When he was apprehended, the defendant was in possession of a Hi-Point Firearms Model C9 9mm Luger handgun, Serial Number P1621713. The defendant had been convicted in October of 2011 for a felony punishable by a term of imprisonment exceeding one year, and he was prohibited from possessing a handgun at the time of this incident.
Information: Federal Court Initial AppearancesRead the Press Release
The United States Attorney's Office today announced that during a federal court session in Billings, Montana, on January 23, 2014, before U.S. Magistrate Judge Ostby, the following individual appeared:
- TRAVIS JOHN BELL, a 22-year-old resident of Billings made an initial appearance on a complaint alleging possession with intent to distribute and burglary involving controlled substances. He is currently detained. If formally charged with this offense by indictment, BELL, faces 20 years in prison, $1,000,000 in fines and 3 years supervised release.. Assistant U.S. Attorney Paulette L. Stewart is the prosecutor for the United States. The investigation is being conducted by the Drug Enforcement Administration. PACER Case Reference: 14-08
A complaint is merely a written statement of the essential facts constituting the offense(s) charged. 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.
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 January 21, 2014 and entering pleas of Not Guilty were:
- TONY BRONSON, a 53-year-old resident of Gary, Indiana appeared on charges of child exploitation enterprise and conspiracy to advertise child pornography. If convicted of the most serious offense charged in the indictment, BRONSON faces life in prison, $250,000 in fines and lifetime supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 13-30
Appearing before U.S. Magistrate Judge Ostby in Billings on January 21, 2014 and entering pleas of Not Guilty were:
- FELIS LUSIANO ROMO, a 32-year-old resident of Sidney appeared on charges of conspiracy to possess methamphetamine with intent to distribute, possession with intent to distribute methamphetamine, and felon in possession of a firearm. If convicted of the most serious offenses charged in the indictment, ROMO faces 40 years in prison, $5,000,000 in fines and 4 years supervised release. The investigation was a cooperative effort between the Bureau of Alcohol, Tobacco and Firearms, Drug Enforcement Administration and the Montana Division of Criminal Investigation. PACER Case Reference: 13-113
Appearing before U.S. Magistrate Judge Strong in Great Falls on January 23, 2014 and entering pleas of Not Guilty were:
- DAVID V. CHASER, 39-year-old resident of Wolf Point appeared on charges of assault with a dangerous weapon and assault resulting in serious bodily injury. If convicted of the most serious offense charged in the indictment, CHASER faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 14-05
- AMANDA MAY RICHTER, 28, appeared on charges of acquiring controlled substance by fraud and deception or subterfuge. If convicted of the most serious offense charged in the indictment, RICHTER faces 4 years in prison, $250,000 in fines and 1 year supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 13-18
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.
Child Molestation Draws Ten Year SentenceRead the Press Release
The United States Attorney's Office announced that on Wednesday, January 22, 2014, during a federal court session in Billings, Senior District Judge Donald Molloy sentenced AARON ROSS TURNSPLENTY, JR, of Crow Agency, to 10 years in prison and three years supervised release for molesting a young girl in 1996.
According to an offer of proof filed by Assistant United States Attorney Laura Weiss, Turnsplenty sexually abused the victim, who was under 12-years-old, in the basement of a friend's home in Pryor, Montana, on the Crow Indian Reservation. The victim was playing by herself with toys when Turnsplenty "came out of nowhere." He molested her then threatened to hurt her family if she told anyone.
Although the crime occurred in 1996, the United States Attorney's Office was able to prosecute this case after the victim's disclosure in 2012 because federal sex abuse statutes were revised to allow prosecution of certain crimes against children before the standard statute of limitations based upon when the violation was disclosed. For most federal crimes, an indictment must be brought within five years of the commission of the offense regardless of when the crime is made known to law enforcement authorities.
Because there is no parole in the federal system, the (truth in sentencing( guidelines mandate that Turnsplenty will likely serve all of the time imposed by the court. In the federal system, Turnsplenty does have the opportunity to earn a limited reduction in time served for (good behavior(; a reduction for good conduct while incarcerated will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Bakken Drug Case Defendant Robert Farrell Armstrong, Aka Dr. Bob Pleads Guilty in Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on January 22, 2014, before U.S. District Judge Susan Watters, ROBERT FARRELL ARMSTRONG, who used the nickname "DR. BOB", 49, of Moses Lake, Washington, pleaded guilty to Possession With the Intent to Distribute Methamphetamine. Armstrong's plea could result in a term of life in prison, and his sentence can be no less than 10 years. There is no parole in the federal system.
In an Offer of Proof filed with the Court, Assistant U.S. Attorney Joe Thaggard informed that in early 2013, the Montana Division of Criminal Investigation (MDCI), Sidney, Montana Police Department, and the Drug Enforcement Administration (DEA) began to investigate a drug trafficking organization that was distributing methamphetamine in the Sidney, Montana area. Ultimately, the investigation revealed that Armstrong and his associates, including co-conspirator Kera Evans, were transporting methamphetamine from the State of Washington to Montana, where it was then distributed in an area that stretched from southern Montana to the Bakken oil region in northeastern Montana.
On February 7, 2013, Armstrong distributed approximately 1.8 grams of actual methamphetamine to a confidential informant during the course of an undercover operation monitored by law enforcement agents and that took place in Richland County, Montana, and then three weeks later, on February 20, 2013, distributed an additional five grams or more of actual methamphetamine during a separate undercover transaction. This buy also took place in Richland County.
The term "actual" 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.
On March 15, 2013, Evans disclosed to the MDCI that a person named "Jennifer" and Armstrong were in a vehicle located in the vicinity of Three Forks, Montana and in possession of approximately six ounces of methamphetamine. Evans identified "Jennifer" as Armstrong's driver. The MDCI requested that the Montana Highway Patrol stop the vehicle, at which time Armstrong and a woman identified as Jennie Britt were taken into custody. Approximately six ounces of methamphetamine and a pistol were recovered from the vehicle's console.
Wesley Allen Crossguns Final Co-defendant in Burglary Sentenced to PrisonRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, Montana, on January 16, 2014, before U.S. District Judge Brian M. Morris, WESLEY ALLEN CROSSGUSN, 25, of Browning, was sentenced to a term of 27 months imprisonment, three years supervised release, and a special assessment of $100.
Crossguns was sentenced in connection with his September 24, 2013, guilty plea to Burglary of a residence on the Blackfeet Indian Reservation. Crossguns' co-defendants have already pleaded guilty for their commission of the crime and received sentences of imprisonment.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved that Wesley Allen Crossguns, Dustin Jay After Buffalo, and Michael Thomas Bad Old Man broke into a residence on the Blackfeet Indian Reservation during broad daylight. When inside, the defendants stole jewelry and ran from the residence when law enforcement arrived. Crossguns was the only defendant who escaped the scene. One of Crossguns' co-defendants threatened to kill law enforcement when apprehended.
In a sentencing memorandum recommending a guideline sentence of incarceration, Weldon told the Court, "Burglaries are a dangerous act. They are especially dangerous when a personal residence is involved." The Court sentenced Crossguns to the top of the range recommended under the Guidelines, with three years of supervised release to follow.
The case was investigated by the Bureau of Indian Affairs Office of Justice Services.
Robert Scheaffer, Jr. Sentenced for Sexually Assaulting S Foster DaughterRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on January 17, 2014, before U.S. District Judge Brian M. Morris, ROBERT JAMES SCHEAFFER, JR., 49, of the Fort Belknap Indian Reservation, was sentenced to a term of 34 months imprisonment, five years supervised release, and a special assessment of $100.
Scheaffer was sentenced in connection with his October 21, 2013, guilty plea to Sexual Abuse of a Minor. In an Offer of Proof filed by Assistant U.S. Attorney Jessica Betley, the government stated it would have proved that on July 4, 2008, the victim was 14-years-old and the defendant was 44-years-old. At that time, the victim lived with the defendant as a foster child on the Fort Belknap Indian Reservation. The defendant is an Indian person and an enrolled member of the Fort Belknap Tribes, which is a federally recognized tribe.
According to the victim, on that date, the defendant yelled at her to come out to the kitchen. When the victim's back was turned to the defendant, he came up behind her and began to put his hands all over her body. The defendant undid the victim's jeans, pulled them down, and felt her vaginal area with his hands. He then inserted his fingers into her vagina. The victim was scared, cried, and continually told the defendant to stop. Eventually, the victim was able to return to her bedroom. The defendant spoke with the FBI and admitted that he put his hand inside the victim's underwear and fondled her vagina for approximately two minutes.
Juan Sanchez-Gonzalez 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 January 16, 2014, before U.S. District Judge Brian M. Morris, JUAN SANCHEZ-GONZALEZ was sentenced to a term of:
Prison: 12 months and 1 day
Sanchez-Gonzalez 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:
Sanchez-Gonzalez, who had previously been deported from the United States, was stopped by Montana Highway Patrol in Culbertson, Montana on August 30, 2013. He was subsequently questioned by the United States Border Patrol and responded in the affirmative
Mexico and in the country illegally. There is no record that Sanchez-Gonzalez 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.
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.
Joseph Birdtail Sentenced to over 20 Years in Prison for Sexual AssaultRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on January 17, 2014, before U.S. District Judge Brian M. Morris, JOSEPH CHRISTOPHER BIRDTAIL, 37, of Dodson, Montana, was sentenced to a term of 264 months imprisonment, a life term of supervised release, and a special assessment of $100. Birdtail was sentenced in connection with his May 16, 2013, guilty plea to abusive sexual contact.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica Betley, the government stated it would have proved that the victim is the daughter of the defendant and the defendant(s wife. In June 2012, the victim was approximately one-and-a-half years old. On the morning of Friday, June 22, 2012, the victim(s mother changed her diaper and did not notice any irregularities with the victim. The victim(s mother left the house, located on the Fort Belknap Indian Reservation, around 11:30 a.m. to go serve lunch and sell items at a tribal function. The victim(s mother left the victim at home alone with the defendant for approximately an hour-and-a-half before she returned around 1 p.m.
When the victim(s mother returned home, she noticed the defendant was outside while the victim was inside. The victim(s mother went inside and noticed the victim(s diaper was not wet, which indicated the defendant may have changed the victim(s diaper while the mother was gone. But, the victim's mother observed that the victim(s anus was dilated and possibly bruised. The victim(s mother confronted the defendant about whether he did something to the victim. The defendant denied any wrongdoing and told his wife to take the victim to the emergency room to be examined.
At the emergency room, the doctor noted that the victim(s rectal opening was prominent and the rectal mucosa was red with perhaps small tears. The doctor called in the sexual assault nurse examiner (SANE). The SANE nurse practitioner confirmed bruising of the rectum and perianal that was clearly visualized by alternative light sources and agreed that the victim had been sexually abused. The nurse noted bruising at the 4 and 5 o(clock positions through the use of an alternate light source.
The FBI interviewed the defendant in March 2012. The defendant told the agents that on June 22, 2012, he had been alone with the victim at his home. When he changed the victim(s diaper, he (got the ugly urge( to touch the victim(s anus with his right hand. He said he stuck the tip of his finger into the victim's anus for approximately ten seconds. This investigation was conducted by the Fort Belknap Tribes and the FBI.
U.S. Attorney Mike Cotter said, "This is a 22 year sentence, without parole, that reflects the seriousness of crimes against children, the most innocent and vulnerable of victims. Protection of children has been, and will remain, a top priority of the U.S. Attorney's Office."
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 Ostby in Billings on January 17, 2014 and entering pleas of Not Guilty were:
- MICHAEL ALLAN ERHART, a 32-year-old resident of Billings appeared on charges of conspiracy with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, distribution of methamphetamine and aiding and abetting. If convicted of the most serious offenses charged in the indictment, ERHART faces life in prison, $10,000,000 in fines and 5 years supervised release. The investigation was a cooperative effort between the Drug Enforcement Administration and the Federal Bureau of Investigation Task Force. PACER Case Reference: 14-07
- MICHAEL CORY SEVERSON, a 45 year-old-resident of Billings appeared on charges of conspiracy with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, distribution of methamphetamine, aiding and abetting, and possession of a firearm. If convicted of the most serious offenses charged in the indictment, SEVERSON faces life in prison, $250,000 in fines and lifetime supervised release. The investigation was a cooperative effort between the Drug Enforcement Administration and the Federal Bureau of Investigation Task Force. PACER Case Reference: 14-07
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.
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 January 13, 2014 and entering pleas of Not Guilty were:
- LANO THOMAS KIPP, a 22-year-old resident of Browning appeared on charges of conspiracy with intent to distribute methamphetamine, possession with intent to distribute methamphetamine and distribution of methamphetamine. If convicted of the most serious offenses charged in the indictment, KIPP faces 20 years in prison, $1,000,000 in fines and 3 years supervised release. The investigation was brought by the Federal Bureau of Investigation. PACER Case Reference: 14-04
- VIN RICHARD WROBLEWSKI, a 43 year-old-resident of Browning appeared on charges of aggravated sexual abuse. If convicted of the charge in the indictment, WROBLEWSKI faces life in prison, $250,000 in fines and lifetime supervised release. The investigation was brought by the Federal Bureau of Investigation. PACER Case Reference: 14-03
Appearing before U.S. Magistrate Judge Lynch in Missoula on January 14, 2014 and entering pleas of Not Guilty were:
- LVIN C. CLELAND, a resident of Butte 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, CLELAND faces life in prison, $10,000,000 in fines and five years supervised release. The investigation was a cooperative effort between Homeland Security Investigations and Butte Silver Bow Law Enforcement Agency. PACER Case Reference: 13-24
Appearing before U.S. Magistrate Judge Lynch in Missoula on January 15, 2014 and entering pleas of Not Guilty were:
- COB RAYMOND MICAS, a 33-year-old resident of Butte 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, MICAS faces 40 years in prison, $5,000,000 in fines and 4 years supervised release. The investigation was brought by Homeland Security Investigations. PACER Case Reference: 14-01
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.
David Trine Sentenced for Operating Methamphetamine Lab in Great FallsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on January 17, 2014, before U.S. District Judge Brian M. Morris, David Edmond Trine, 37, of Great Falls, was sentenced to a term of 124 years imprisonment, four years supervised release, and a special assessment of $100. Trine was sentenced in connection with his October 16, 2013, guilty plea to Conspiracy to Manufacture Methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica Betley, the government stated it would have proved that on October 7, 2012, law enforcement became alerted that Trine and Robert Spargur were manufacturing methamphetamine in Great Falls, Montana. Police arrived at Spargur's house. They immediately saw a plastic bottle in the garbage can that had a crystalized substance in it, which appeared to be consistent with methamphetamine.
At that point, a female came out of the front of the house. She told police there was an active methamphetamine lab in the house and that the defendant was in the back room. Another female told police the defendant would not come out, because he was not ready to go to jail. She kept yelling back at the house, "honey, please come out." At that point, officers called in the High Risk Unit, narcotics detectives, and the Great Falls Fire and Rescue Hazardous materials response team, as law enforcement had information that there was an active methamphetamine lab inside the house and Trine was refusing to come outside.
Other witnesses said they saw torn tubing and torn apart batteries in the closet and office area, as well as empty pseudoephedrine boxes inside the house and more methamphetamine lab related items around the house. According to one witness, both Trine and Spargur took turns making the methamphetamine. The witness knew the defendant and Spargur were planning on making methamphetamine that night because they would not allow her in the house earlier in the evening. She went in the house later that night and saw all of the materials had been moved to the garage. There were also big zip lock bags with pseudoephedrine boxes inside of them.
Trine ultimately came out of the house at 5:55 a.m. When law enforcement entered the house using protective gear, they found numerous items associated with making methamphetamine. Officers located a clear bottle filled with blue liquid labeled "white rice" in the southeast bedroom. There were coffee filters on a chair in the southwest bedroom. Upstairs, officers found numerous bottles containing an unknown substance consistent with "one pot" methamphetamine manufacturing. There was also an air filter mask in the closet.
Trine ultimately told police there was a ton of methamphetamine being made at Spargur's house. He said he did not cook the methamphetamine, but assisted Spargur by buying the pills and chemicals necessary to manufacture methamphetamine. Trine bought fertilizer, lye, Coleman fuel, pills, and batteries for the methamphetamine production. He said the granular substance found in the bottles around the house was fertilizer.
Trine further explained that in the past two to three months he had been living with Spargur, and they had produced a batch of methamphetamine per day. Two to four boxes of pseudoephedrine produced approximately one-fourth of an ounce of methamphetamine. He received half of the methamphetamine produced from each batch. Trine also mentioned that both himself and Spargur received pseudoephedrine from numerous people.
Law enforcement collected the bottles and coffee filters from Spargur's home and sent the evidence to the Montana State Crime Lab. The crime lab concluded that the items contained methamphetamine. Ultimately, the defendant conspired to manufacture at least 50 or more grams of a substance containing a detectable amount of methamphetamine. This investigation was a joint effort of the Great Falls Police Department and Russell Country Drug Task Force.
Charlotte B. New Breast First of the Poka Defendants Given ProbationRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on January 16, 2014, before U.S. District Judge Brian M. Morris, CHARLOTTE B. NEW BREAST, 53, of Browning, was sentenced to a term of three years probation, $50,000 in restitution, and a special assessment of $100.
New Breast was sentenced in connection with her October 21, 2013, guilty plea to Theft from an Indian Tribal Government Receiving Federal Grant Funds. New Breast was one of six defendants charged in the multi-million dollar scheme to embezzle federal grant funds from a program for troubled youth on the Blackfeet Reservation known as the Po'Ka Project.
In an Offer of Proof filed by Assistant U.S. Attorney Carl Rostad, the government stated it would have proved that The Blackfeet Po'ka Project was developed to help troubled Native American youth. Po'ka received its funding from 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 funding arc started with the $1,000,000 award, rose to $2,000,000 per year for two years (2007, 2008) and then tapered off to $1,000,000 in 2010 and $300,000 in 2011.
According to the SAMHSA grant synopsis, the Po'Ka Project-also known as Blackfeet Children System of Care-was a reservation-wide children's mental health system. The project goals were to (1) to implement the systems of care philosophy at the local Tribal level; (2) to identify, plan for, or enhance coordination and facilitate a wraparound process enabling children with SED (Severe Emotional Disorders) and their families to access services to meet their needs.
Francis Onstad was the Director of Po'Ka and Delyle Shanny Augare was the Assistant Director. Charlotte New Breast was the Administrative Assistant.
THE IN-KIND CONTRIBUTION REQUIREMENT
It was the stated intent and proposition 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. 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 nonfederal 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. However, the in-kind commitment could never be honestly met, so the conspirators (Onstad, Augare, and others) began making up facts and documents to try and satisfy auditors that the in-kind contributions represented on their reports to SAMSHA 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 SAMSHA and the documents were generated to placate auditors conducting a required annual audit of the Tribe's operations.
Several people 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. Invoices were presented to auditors which purported to represent the provision and creation of Blackfeet Story Telling CDs, and other in kind contributions of service by Floyd Heavy Runner in July 2010 and August 2010, even though Heavy Runner had suffered a massive and debilitating stroke in May 2010 and was incapable of providing services of any kind to the Po'Ka Project in July and August of that year. In another important email exchange, on March 21, 2011, In-Kind Coordinator and co-defendant Elizabeth Sherman requested that a social worker from Shelby sign 8 invoices reflecting thousands of dollars in in-kind contributions. That witness replied "I cannot do it because I did not do the work. I value my name and professional integrety (sic) and will not sign a document stipulating work I did not do, donated or otherwise." One person was credited for an in-kind contribution of over $350,000. She denied doing that amount of work, producing all of the binders identified on the invoice, denied preparing the invoice and denied signing the invoice. She said the figure appeared to come from a conversation that she had with Francis Onstad a year earlier when Onstad asked what it would cost the tribe to train every tribal employee in health care regulations.
The Blackfeet Tribe claimed $440,000 in in kind contributions related to professional services provided by a Certified Public Accountant (CPA) who gave audit assistance to the Po'Ka Project. When interviewed, the CPA determined that he (1) charged the Blackfeet Tribe for the time he spent providing audit assistance and (2) was unaware that the Tribe claimed his costs as in kind contributions.
Po'Ka also claimed $92,000 in in kind contributions for planning services which, according to the Tribe, were provided by the staff of one of Montana's United States Senators. The Chief of Staff indicated that no one in the Senator's offices in D.C. or Montana had even heard of the Po'Ka project.
During the period of the grant, Onstad and Augare did a significant amount of traveling paid for with Po'Ka funds, ostensibly to conferences and related events. Onstad and Augare had New Breast download hotel receipts and portions of hotel receipts so that receipts in higher amounts could be created and used to obtain greater reimbursement for travel than that amount actually expended. This happened regularly and cut-and-paste receipts were found attached to a New Breast email. The name on the receipt was Francis Onstad.
In a sentencing memorandum, Rostad told the Court that New Breast was the least culpable defendant and received nothing from the scheme other than a few miscellaneous benefits and continued employment. Rostad advised the Court that New Breast had cooperated with the investigation and agreed to provide significant information that would assist in the prosecution of others involved with Po'Ka which entitled her to a motion from the government that made a probationary sentence under the advisory sentencing guidelines a possibility. The prosecutor said that but for her assistance and her minimal role the United States would have sought jail time. But for those factors, New Breast should "should have taken her rightful place in line for the consequences of accountability; a line that would have included incarceration under the guidelines.
This case was brought by the Federal Bureau of Investigation with the assistance of Department of Health and Human Services Office of Inspector General and the Internal Revenue Service Criminal Investigation Division as part of the Guardians Project.
Information: Federal Court Initial AppearancesRead the Press Release
The United States Attorney's Office today announced that during a federal court session in Great Falls, Montana, on January 14, 2014, before U.S. Magistrate Judge Strong, the following individual appeared:
- DAVID J. LEWIS, a 50 year-old resident of Brockton made an initial appearance on a complaint alleging second degree murder. He is currently detained. If formally charged with this offense by indictment, LEWIS, faces life in prison, $250,000 in fines and 5 years supervised release.. Assistant U.S. Attorney Laura B. Weiss is the prosecutor for the United States. The investigation is a cooperative effort between the Federal Bureau of Investigation and the Fort Peck Tribes Department of Law and Justice. PACER Case Reference: 14-02
A complaint is merely a written statement of the essential facts constituting the offense(s) charged. 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.
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 Ostby in Billings on January 9, 2014, and entering pleas of Not Guilty were:
- JOLENE MARIE CALVIN, a 33-year-old resident of Billings appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, and distribution of methamphetamine. If convicted of the most serious offenses charged in the indictment, CALVIN faces life in prison, $250,000 in fines and five years supervised release. The investigation was conducted by the FBI Task Force. PACER Case Reference: 13-104
Appearing before U.S. Magistrate Judge Ostby in Billings on January 13, 2014, and entering pleas of Not Guilty were:
- JAIME ALBERTO GARZA, a 42-year-old resident of Othello, Washington appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, false representation of a Social Security Number, and identity theft. If convicted of the most serious offenses charged in the indictment, GARZA faces life in prison, $250,000 in fines, and five years supervised release. The investigation was a cooperative effort between the Drug Information Administration, Federal Bureau of Investigation, Border Patrol, Montana Division of Criminal Investigations, Sidney Police Department, Richland County Sheriff's Office, Sweetgrass County Sheriff's Office and the Montana Highway Patrol. PACER Case Reference: 13-78
Appearing before U.S. Magistrate Judge Strong in Great Falls on January 14, 2014, and entering pleas of Not Guilty were:
- JENNIFER ANN DONEY, a 47-year-old resident of Hays appeared on charges of theft from an Indian Tribal government receiving federal funds, and theft from an Indian Tribal organization. If convicted of the most serious offense charged in the indictment, DONEY faces 10 years in prison, $250,000 in fines, and three years supervised release. This case was brought by the Department of Health and Human Services Office of Inspector General, with the assistance of the Federal Bureau of Investigation and the Department of Agriculture Office of Inspector General, as part of the Guardians Project. PACER Case Reference: 13-119
- DAWN CECELIA JONES, a 33-year-old resident of Hays appeared on charges of theft from an Indian Tribal government receiving federal funds, and theft from an Indian Tribal organization. If convicted of the most serious offense charged in the indictment, JONES faces 10 years in prison, $250,000 in fines, and three years supervised release. This case was brought by the Department of Health and Human Services Office of Inspector General, with the assistance of the Federal Bureau of Investigation and the Department of Agriculture Office of Inspector General, as part of the Guardians Project. PACER Case Reference: 13-119
- SANDRA MARIE SANDERVILLE, a 58-year-old resident of Browning appeared on charges of theft from an Indian Tribal government receiving federal funds, and theft from an Indian Tribal organization. If convicted of the most serious offense charged in the indictment, SANDERVILLE faces 10 years in prison, $250,000 in fines, and three years supervised release. This case was brought by the Department of Health and Human Services Office of Inspector General, with the assistance of the Federal Bureau of Investigation and the Department of Agriculture Office of Inspector General, as part of the Guardians Project. PACER Case Reference: 13-118
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.
Keri
Information: Federal Court Initial AppearancesRead 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 January 8, 2014, and entering pleas of Not Guilty were:
- JEFFREY NOENNIG, a 48 year-old resident of San Diego, California appeared on charges of child exploitation enterprise and conspiracy to advertise child pornography. If convicted, NOENNIG faces possible penalties of life in prison. The investigation was a cooperative effort between the Federal Bureau of Investigation, Homeland Security Investigations, Internet Crimes Against Children Task Force, Montana Division of Criminal Investigations, Polson Police Department and Helena Police Department.
- JOSHUA PETERSON, a 45 year-old resident of Prescott, Arizona appeared on charges of child exploitation enterprise and conspiracy to advertise child pornography. If convicted, PETERSON faces possible penalties of life in prison. The investigation was a cooperative effort between the Federal Bureau of Investigation, Homeland Security Investigations, Internet Crimes Against Children Task Force, Montana Division of Criminal Investigations, Polson Police Department and Helena Police Department.
Appearing before U.S. Magistrate Judge Ostby in Billings on January 9, 2014, and entering pleas of Not Guilty were:
- JAMES M. CRITTENDEN, a 49-year-old resident of Billings appeared on charges of bank fraud, wire fraud, bankruptcy fraud and mail fraud. If convicted, CRITTENDEN faces possible penalties of 30 years in prison. The investigation was a cooperative effort between the Federal Bureau of Investigation and the Billings Police Department.
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.
28.3 Million!Read the Press Release
MONTANA UNITED STATES ATTORNEY'S OFFICE COLLECTS $28.3 MILLION IN CIVIL & CRIMINAL ACTIONS FOR U.S. TAXPAYERS IN FISCAL YEAR 2013
U.S. Attorney Michael W. Cotter announced today that the Montana United States Attorney's Office collected $28.3 million in Fiscal Year (FY) 2013 related to criminal and civil actions in cases handled by the Montana United States Attorney's Office. In some cases, the U.S. Attorney's Office worked in conjunction with litigating components of the U.S. Department of Justice. (During this time of budgetary uncertainty, these collections are more important than ever,( said U.S. Attorney Michael W. Cotter. (The U.S. Attorney(s Office is dedicated to protecting the public and recovering funds for the federal treasury and for victims of federal crime. We will continue to hold accountable civil and criminal wrongdoers who seek to profit from their illegal activities.(
The U.S. Attorneys( Offices, along with the department(s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and to federal crime victims. Generally, these debts are judgments, either civil judgments or criminal judgments entered by the federal court. Criminal judgments consist of fines and restitution. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid directly to the victim, criminal fines and felony assessments are paid to the department(s Crime Victims( Fund, which distributes the funds to state victim compensation and victim assistance programs.
Occasionally, assets from criminals are forfeited by court action. Forfeiture proceeds are often distributed back to local law enforcement to assist them in the protection of Montana communities or to the victims of crime. Forfeited assets include currency or bank accounts, real property and cars purchased with illegal proceeds or used to facilitate crimes, guns held by convicted felons, and computers used for child pornography. Seized property is sold and the money deposited into the government accounts used to restore money lost by crime victims.
Those who regularly follow the news are aware of the function of the United States Attorney's Office (USAO) regarding federal criminal prosecution. Equally important, but perhaps not as well known, is the mission, function and success of the Montana USAO in recovering money for the benefit of victims of crime and the U.S. Treasury. This critical mission is accomplished in large part by the Financial Litigation Unit (FLU). The unit is led by a career federal litigator, Assistant U.S. Attorney Victoria Francis of Billings, who is supported by two paralegal specialists who handle over 1400 active cases. The FLU collects criminal restitution, fines, and penalties ordered to be paid to federal agencies when federal programs are defrauded.
In addition the FLU Unit helps federal prosecutors identify and forfeit assets that represent the proceeds of or that were used to facilitate federal crimes.
Across the country, the United States Attorneys' offices collected $8.1 billion from criminal and civil actions during 2013, which is far more than the appropriated budget of the combined 93 USAOs offices for that year. Collections in Montana totaled more than $28.3 million for 2013, more than five times the annual operating budget for Montana's U.S. Attorney's Offices. The U.S. Attorney's Office in Montana is credited with collecting $2 million in relation to criminal actions brought by the office, $20.5 million in relation to civil actions, and $5.8 million in criminal and civil forfeiture cases.
U.S. Attorney Cotter noted that "budget sequestration bites deeply into the operations of the Montana USAO. The Montana USAO currently has an employee vacancy of rate of roughly 25%. Cutting the budgets of United States Attorneys' offices through sequester effectively reduces government revenue. There are simply fewer lawyers and support personnel to accomplish the overall mission of the Department of Justice, including the ability to collect fines, money owed to the government and restitution for crime victims. Therefore, shortages of personnel and restrictions on litigation-related expenditures are expected to affect the USAO ability to collect funds due the United States."
The efforts of this office to serve the people of Montana will continue. Reduced resources will make it more difficult to maintain the same level of service for law enforcement protection, for public safety or the protection of the public purse. But this office is committed to maintaining the highest ideals of public trust and public service despite those challenges." --- U.S. Attorney Mike Cotter.
Browning Man Sentenced to Prison for StrangulationRead the Press Release
(GREAT FALLS) A Browning man has been sentenced to prison following a guilty verdict in a September 2014 trial. Jordan James Lamott was sentenced to 32 months in prison followed by 3 years supervised release for strangling his girlfriend. This is the first case in the District of Montana that a defendant has been convicted at trial for strangulation in federal court since the inception of the statute. It is also one of the first such cases in the entire country.
On March 7, 2013, President Obama signed into law the reauthorization of the Violence Against Women Act (VAWA). This law contains provisions that significantly improve the safety of Native women and that importantly allow federal and tribal law enforcement agencies to hold more perpetrators of domestic violence accountable for their crimes. Many of these critical provisions were drawn from the U.S. Department of Justice’s July 2011 proposal for new Federal legislation to combat violence against native women.
The tribal provisions in VAWA address three significant legal gaps by: (1) recognizing certain tribes’ power to exercise concurrent criminal jurisdiction over domestic violence cases, regardless of whether the defendant is Indian or non-Indian; (2) clarifying that tribal courts have full civil jurisdiction to enforce protection orders involving any person, Indian or non-Indian; and (3) creating new federal statutes to address crimes of violence, such as strangulation, committed against a spouse or intimate partner and providing more robust federal sentences for certain acts of domestic violence in Indian country.
These steps have been taken, at least in part, because a recent Center for Disease Control and Prevention survey found that 46% of Native American women have experienced rape, physical violence, or stalking by an intimate partner in their lifetime.
Lamott was indicted on July of 2014 by a federal grand jury. At trial, Assistant U.S. Attorney Ryan G. Weldon presented evidence that Lamott’s girlfriend wore a skirt to impress him. Lamott became angry, and he strangled his girlfriend three times. The final time, Lamott’s girlfriend lost consciousness. In the morning, Lamott requested that his girlfriend have sex with him, and when she refused, he kicked her out of the house. When arriving at the hospital a few hours later, Lamott’s girlfriend explained that she had been strangled. Medical professionals testified that the bruising around the neck of Lamott’s girlfriend was consistent with strangulation.
Lamott was interviewed by federal agents. He claimed that he remembered everything on the night of the assault. When confronted with evidence that his girlfriend had strangulation marks on her neck, Lamott ultimately admitted that it was “possible” that he strangled his girlfriend.
U.S. Attorney Mike Cotter said the trial in this case represents the office’s dedication to working with reservations to ensure that Native American women and families are protected from domestic violence. “The strangulation statute and VAWA offers the U.S. Attorney’s Office a critical weapon to ensuring that domestic violence is dealt with swiftly and with harsh consequences. Victims of one episode of strangulation are six times more likely to be a victim of attempted homicide by the same partner. These same victims are seven times more likely to actually die at the hands of their loved ones. It is this type of violence that tears apart families, damages children, and can have lethal consequences. The ability to proceed to trial on strangulation cases has proven effective, and we are proud to be one of the first districts to ensure this statute is vigorously enforced.”
The investigation was conducted by the Bureau of Indian Affairs.Information: Federal Court Initial AppearancesRead 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 January 6, 2014, and entering pleas of Not Guilty were:
- DANIEL FLANSBURG, a 20-year-old resident of Hays appeared on charges of assault resulting in serious bodily injury and assault with a dangerous weapon. If convicted, FLANSBURG faces possible penalties of 10 years in prison.
- CHERYL L. GUARDIPEE, a 39-year-old resident of Cut Bank appeared on charges of theft of government funds and false statements. If convicted, GUARDIPEE faces possible penalties of 10 years in prison.
- PEDRO MARTINE ROBLEDO, a 19-year-old resident of Cut Bank appeared on charges of involuntary manslaughter and assault resulting in serious bodily injury. If convicted, ROBLEDO faces possible penalties of 10 years in prison.
- RHONDA LEE WRIGHT, a 48-year-old resident of Richland, Washington appeared on charges of possession with intent to distribute methamphetamine and distribution of methamphetamine. If convicted, WRIGHT faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life in prison.
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.
Information: Federal Court Initial AppearancesRead 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 Holter in Great Falls, on December 31, 2013, and entering pleas of Not Guilty were:
- DERRICK LEE DRIVDAHL, a 50-year-old resident of Helena appeared on charges of child pornography. If convicted, DRIVAHL faces possible penalties of a mandatory minimum of 5 years in prison and could be sentenced to 20 years in prison.
Appearing before U.S. Magistrate Judge Lynch in Missoula, on January 2, 2014, and entering pleas of Not Guilty were:
- TIMOTHY GARDINER, a resident of Yakima, Washington appeared on charges of distribution of methamphetamine. If convicted, GARDINER faces possible penalties of life imprisonment.
- JEFFREY LACKMAN, a 24-year-old resident of Butte, appeared on charges of distribution of methamphetamine. If convicted, LACKMAN faces possible penalties of life imprisonment.
Appearing before U.S. Magistrate Judge Ostby in Billings on January 3, 2014, and entering pleas of Not Guilty were:
- GAYLON LANCE LAMEWOMAN, a 33-year-old resident of Lame Deer, appeared on charges of assault with a dangerous weapon and assault resulting in serious bodily injury. If convicted, LAMEWOMAN faces possible penalties of 10 years in prison.
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.
Edward Henry Pratt Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on December 11, 2013, before Chief U.S. District Judge Dana L. Christensen, EDWARD HENRY PRATT, a 35-year-old resident of Browning, was sentenced to a term of:
- Prison: 96 months
- Special Assessment: $100
- Supervised Release: 3 years
PRATT was sentenced in connection with his guilty plea to being a felon-in-possession of a firearm.
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:
In 2006, PRATT was convicted of felony controlled substances which therefore prohibited from possessing firearms.
On March 23, 2011, in Browning, PRATT possessed a Savage/Springfield, model 67 series E, 12 gauge, pump-action shotgun.
PRATT had been drinking at a residence in Browning, holding the firearm and showing it to various people in an effort to sell it. Multiple individuals observed PRATT with the firearm.
Because there is no parole in the federal system, the truth in sentencing guidelines mandate that PRATT will likely serve all of the time imposed by the court. In the federal system, PRATT 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 Investigation.
Frederick Walter Schroeder Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Helena, on December 10, 2013, before U.S. District Judge Sam E. Haddon, FREDERICK WALTER SCHROEDER, a 52-year-old resident of Livingston, was sentenced to a term of:
- Prison: 50 months
- Special Assessment: $100
- Forfeiture: firearms
- Supervised Release: 3 years
SCHROEDER was sentenced in connection with his guilty plea to being a felon-in-possession of a firearm.
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 June 25, 2012, SCHROEDER was convicted of felony assault with a weapon, thereby prohibiting him from possessing firearms.
In the fall of 2012, probation executed a search on SCHROEDER's residence and located several firearms in his home.
A friend of SCHROEDER's indicated that he was in possession of SCHROEDER's firearms during the pendency of the case. However, he indicated that in the fall of 2012, SCHROEDER came to the friend's house and said he could take his firearms back and put them in a storage unit. SCHROEDER then took his firearms from the friend's house.
SCHROEDER's account of the events was that his friend brought several of the firearms to his (SCHROEDER's) house and hid them.
Because there is no parole in the federal system, the truth in sentencing guidelines mandate that SCHROEDER will likely serve all of the time imposed by the court. In the federal system, SCHROEDER 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 Bureau of Alcohol, Tobacco, Firearms and Explosives.
Duane Antonio Martell Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on December 11, 2013, before Chief U.S. District Judge Dana L. Christensen, DUANE ANTONIO MARTELL, a 23-year-old resident of Poplar and an enrolled member of a federally-recognized tribe, was sentenced to a term of:
- Prison: 60 months
- Special Assessment: $200
- Supervised Release: 3 years
MARTELL was sentenced in connection with his guilty plea to assault with a dangerous weapon and assault resulting in serious bodily injury.
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:
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 October 10, 2012, MARTELL was spending time at a house in Poplar and fell asleep in a bedroom that was not his. The rightful occupant of the bedroom, the victim, entered the room and asked MARTELL to leave. He got up, punched her, threw her to the
He eventually stopped when another person intervened. The victim had a shattered nasal bone, two black eyes, fractures in her jaw, and was bleeding from her nose and ears.
The offense occurred within the exterior boundaries of the Fort Peck Indian
Reservation.
Because there is no parole in the federal system, the truth in sentencing guidelines mandate that MARTELL will likely serve all of the time imposed by the court. In the federal system, MARTELL 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 cooperative effort between the Federal Bureau of Investigation and the Fort Peck Tribes Criminal Investigation Division.
Jeremy T. Lauzon Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Helena, on December 9, 2013, before U.S. District Judge Sam E. Haddon, JEREMY T. LAUZON, a 34-year-old resident of Billings, was sentenced to a term of:
- Prison: 21 months
- Special Assessment: $100
- Supervised Release: 3 years
LAUZON was sentenced in connection with his guilty plea to being a felon-in-possession of a firearm.
In an Offer of Proof filed by Assistant U.S. Attorney Brendan P. McCarthy, the government stated it would have proved at trial the following:
On December 27, 2000, LAUZON was convicted of felony possession of a controlled substance in the State of Oregon which prohibited him from possession of firearms.
At approximately 8:41 p.m. on August 30, 2011, a sergeant with the Yellowstone County Sheriff's Office was dispatched to a residence in Billings regarding a complaint about a neighbor who fired a gun. When the sergeant arrived, he spoke with M.C. who stated that her neighbor, LAUZON, fired a gun into the ground near her boyfriend, J.K., and their two daughters. M.C., however, did not witness the incident.
The sergeant spoke with the two daughters and J.K. The daughters stated that there was an argument earlier that day with LAUZON about LAUZON's dogs entering their backyard. Later that day, the children were in their backyard with their dad when the dogs again ran onto their property. The children returned the dogs to LAUZON who was standing in his backyard. J.K., however, stated that he could overhear LAUZON yelling at the girls and telling them that the dogs could go wherever they wanted. J.K. then became upset and started to walk quickly toward LAUZON. According to J.K., he was about twenty to thirty feet away from LAUZON when LAUZON started to walk toward him. They were both arguing with each other. LAUZON then pulled out a gun from his side and fired it into the ground. The children and J.K. then turned around and retreated back into their house.
Additional units arrived on scene and helped search for LAUZON. LAUZON was subsequently detained. LAUZON admitted that he fired the gun into the ground. LAUZON also consented to a search of his residence. In an office in the residence, the officers recovered a Hi-Point model CF380 .380 caliber semi-automatic handgun.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that LAUZON will likely serve all of the time imposed by the court. In the federal system, LAUZON 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 Bureau of Alcohol, Tobacco, Firearms and Explosives.
Jamie Lynn Strosky Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Helena, on December 9, 2013, before U.S. District Judge Sam E. Haddon, JAMIE LYNN STROSKY, a 33-year-old resident of Shepherd, was sentenced.
STROSKY was sentenced in connection with her guilty pleas to conspiracy to possess with intent to distribute methamphetamine and distribution of methamphetamine to:
- ison: 105 months
- ecial Assessment: $100
- pervised Release: 5 years
In Offers of Proof filed by Assistant U.S. Attorney Brendan P. McCarthy, the government stated it would have proved at trial the following:
Homar Renova-Castillo, an alien and citizen of Mexico, was previously convicted in 2000 in Yellowstone County for felony criminal endangerment. Renova-Castillo was then deported from the United States on January 31, 2002, and left through El Paso, Texas. Renova-Castillo was subsequently found in the United States. Specifically, on November 19, 2012, Renova-Castillo was pulled over in a motor vehicle near Park City by law enforcement.
In August of 2012, agents with the Eastern Montana High Intensity Drug Trafficking Area Task Force (EMHIDTA) began investigating the sale of methamphetamine in Billings by STROSKY and Renova-Castillo.
On August 22, 2012, agents spoke with an individual identified here as "D.N." D.N. stated that he had made two trips to Idaho with Renova-Castillo to pick up methamphetamine. D.N. estimated that they picked up two pounds of methamphetamine each time. D.N. said that a woman named Jamie was Renova-Castillo(s "right-hand girl."
On September 6, 2012, agents met with a confidential informant (CI) who provided information about STROSKY. The CI stated that STROSKY had been selling methamphetamine since 2000. The CI indicated that STROSKY went to Idaho to obtain methamphetamine. The CI stated that STROSKY got her methamphetamine from a Mexican male named Homar. The CI indicated that approximately two months prior, STROSKY met with Renova-Castillo and she was "fronted" one ounce of methamphetamine.
On November 6, 2012, the CI met STROSKY at a residence in Billings. STROSKY sold the CI a quarter (1/4) ounce of methamphetamine for $550. STROSKY told the CI that she was paying $21,000 for one pound of methamphetamine. The methamphetamine was later tested at the DEA lab and the actual weight was 7.0 grams.
On November 8, 2012, the CI and STROSKY met in a parking lot in Billings Heights, and the CI purchased methamphetamine from STROSKY for $550. The methamphetamine was later tested at the DEA lab and the actual weight was 6.7 grams.
On November 14, 2012, the CI met STROSKY at STROSKY's residence in Shepherd. The CI purchased meth from STROSKY for $550. The methamphetamine was later tested at the DEA lab and the actual weight was 6.6 grams. Additionally, STROSKY told the CI that she recently had one pound of methamphetamine stolen from a stash house.
On December 7, 2012, the CI made another purchase of methamphetamine from STROSKY at a location in Billings. The methamphetamine was later tested at the DEA lab and the actual weight was 6.8 grams.
On December 11, 2012, STROSKY told the CI that she planned to re-up with "her guy" in the next few days.
On December 21, 2012, agents spoke with "K.V." K.V. admitted that she stole the pound of methamphetamine that STROSKY kept at her "stash house." K.V. said that she was told by another individual that K.S. was "babysitting" the methamphetamine at K.S.'s residence in the Billings Heights for STROSKY. K.V. stated that around November 12, 2012, she and her boyfriend broke into K.S.'s residence and stole a safe from the closet in the bedroom. Inside the safe, K.V. found two bags of methamphetamine, $100 in cash and two watches.
The CI made additional purchases of approximately ( ounce of methamphetamine from STROSKY on January 8th, 22nd, and 29th of 2013 and April 3, 2013.
On February 3, 2013, Renova-Castillo and his wife were stopped in a motor vehicle near Wickenburg, Arizona and Renova-Castillo was subsequently arrested. In a statement provided to law enforcement, Renova-Castillo indicated that he has purchased drugs from his source in Las Vegas, Nevada. He admitted that on two occasions he transported cocaine and methamphetamine from Las Vegas to Billings.
Renova-Castillo pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that she will likely serve all of the time imposed by the court. In the federal system, she 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 Investigation Task Force.
Michael Dwaine Freeman Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on December 9, 2013, before Chief U.S. District Judge Dana L. Christensen, MICHAEL DWAINE FREEMAN, a 64-year-old resident of Anaconda, was sentenced to a term of:
- ison: 210 months
- ecial Assessment: $100
- rfeiture: cell phone
- pervised Release: 10 years
FREEMAN was sentenced in connection with his guilty plea to sexual exploitation of children (production of child pornography).
In an Offer of Proof filed by Assistant U.S. Attorney Cyndee L. Peterson, the government stated it would have proved at trial the following:
In August 2012, Anaconda-Deer Lodge County Law Enforcement investigated complaints against FREEMAN for having inappropriate contact with children.
As part of the investigation, detectives searched FREEMAN's residence in Anaconda. A cell phone was seized during the search. When a detective checked the phone for power, the detective saw a close-up image of a young child's genital area (set as the cell phone's wallpaper or home page).
FREEMAN was arrested and interviewed at the jail. He admitted he took the photograph of the child's genital area that was on his cell phone. The child was born in 2009. FREEMAN explained he took the photo a few days earlier while changing her diaper and said there would be other images of the child on the phone as well.
The cell phone was forensically examined and the examiner found the home screen as described by FREEMAN. The examiner located additional images of the child which also depicted sexually explicit conduct. The images were produced between January 31, 2012, and July 29, 2012.
This case underscores the importance of local, state, and federal law enforcement working together towards a common goal of protecting the community. The efforts of the Anaconda law enforcement identifying a dangerous pedophile and then requesting the assistance of the Montana Internet Crimes Against Children Task Force has protected other children in the community from victimization." said U.S. Attorney Michael C. Cotter.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that FREEMAN will likely serve all of the time imposed by the court. In the federal system, FREEMAN 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 cooperative effort between the Montana Internet Crimes Against Children Task Force (ICAC), the Montana Department of Criminal Investigation, and the Anaconda-Deer Lodge County Law Enforcement Department.
Scott Arthur Parent 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 December 6, 2013, before U.S. District Judge Donald W. Molloy, SCOTT ARTHUR PARENT, a 54-year-old resident of Lincoln, was sentenced to a term of:
- ison: 30 months
- ecial Assessment: $100
- pervised Release: 5 years
PARENT was sentenced in connection with his guilty plea to failure to register as a sexual offender.
In an Offer of Proof filed by Assistant U.S. Attorney Timothy J. Racicot, the government stated it would have proved at trial the following:
In August 2011, the United States Marshals Service received information that PARENT was believed to have left the State of Oregon and had been residing in the Lincoln area.
In 1996, PARENT was convicted of attempted rape in the State of Oregon. PARENT was advised that he was required to register as a sexual offender.
Upon release from prison, PARENT registered as a sex offender in Oregon. As part of the sex offender registration process, PARENT acknowledged his requirement as a sex offender to notify the appropriate authorities of any change of address, including relocation out of state. PARENT last registered in Oregon in 2004, and had failed to register anywhere since that time. PARENT ultimately traveled to Montana in approximately 2010, where he resided in Lincoln. PARENT failed to notify the appropriate authorities in Montana upon arrival.
The Montana Sexual and Violent Offender Registry confirmed that PARENT did not register as required by law. PARENT was required to register under the Sexual Offender Registration and Notification Act due to his conviction in Oregon. The Montana Sexual and Violent Offender Registry confirmed that PARENT was currently out of compliance with Montana's Sexual Offender Registry requirements and had been so since entering Montana in approximately 2010.
Because there is no parole in the federal system, the truth in sentencing guidelines mandate that PARENT will likely serve all of the time imposed by the court. In the federal system, PARENT 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 United States Marshals Service.
Patrick Fay McMullen Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on December 4, 2013, before U.S. District Judge Donald W. Molloy, PATRICK FAY McMULLEN, a 31-year-old resident of McKinleyville, California, was sentenced to a term of:
- obation: 5 years, with 12 months house arrest
- ecial Assessment: $100
He was sentenced in connection with his guilty plea to conspiracy to possess with the intent to distribute marijuana.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
From the summer of 2008, until the summer of 2010, Joseph Chartraw organized and profited from a marijuana distribution network across Montana. Chartraw had numerous distributors and drug couriers in Montana. Chartraw's source of supply was identified by law enforcement as being in California. Chartraw used his cellular telephone to communicate with everyone in his distribution organization -- including his sources of supply in California.
Chartraw's first connection to a group of marijuana growers and distributors in California was Kirk Felhaber. Felhaber would bring together multiple growers at his home whenever Chartraw or one of his couriers would be arriving in California. Felhaber would have several individuals bring their marijuana to his home for redistribution to Chartraw or one of his couriers. McMULLEN, James Baltierra, Gregory Harris, and Henry Combs had several grow operations in Californian and were one of the sources of supply for Chartraw through Felhaber. Felhaber was the primary contact for the group and Chartraw until Felhaber refused to provide Chartraw with a title for a vehicle he had sold him. Felhaber then took a lesser role in the distribution-- he continued to participate -- just in a lesser degree.
At that point McMULLEN, Felhaber's grandson, took over the organization of deliveries to Chartraw's organization. McMULLEN was business partners with Baltierra. McMULLEN and Baltierra continued to distribute to Chartraw until the Summer of 2010 when Chartraw was arrested in Billings.
Evidence would have proven that more than 100 kilograms of marijuana was possessed by the conspiracy with the intent to distribute.
Chartraw, Harris, Combs, Felhaber, and Baltierra pled guilty to federal charges.
The investigation was conducted by the Federal Bureau of Investigation's Big Sky Safe Streets Task Force.
Kevin Scott Nessland Found Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that on December 2, 2013, in Missoula, after a federal district court bench trial before Chief U.S. District Judge Dana L. Christensen held on November 27, 2013, KEVIN SCOTT NESSLAND, a 41-year-old resident of Bozeman, was found guilty of (3) counts of receipt of child pornography. Sentencing is set for March 6, 2014. He is currently detained.
At trial, the following evidence and testimony were presented.
On October 17, 2011, the Bozeman Police Department began a criminal investigation which involved the surreptitious visual observation of two victims in Bozeman. The suspect was NESSLAND.
When the investigation commenced, NESSLAND left the Bozeman area. When NESSLAND left Bozeman, he took some of his computers and equipment from his residence.
On October 18, 2011, NESSLAND spoke to a Bozeman Police detective by phone and the conversations were recorded. During one of the phone conversations, NESSLAND told the detective that he has sex addiction issues and was on his way to a treatment facility out of state. NESSLAND also indicated that he had a computer with him in his vehicle.
On October 18, 2011, the Bozeman Police Department obtained a search warrant for NESSLAND's residence and served the warrant the same day. Photographs of the residence were taken. Law enforcement seized several computers, electronic storage devices and other items. Law enforcement also determined that computers had been removed from the residence prior to the search. A warrant for NESSLAND's arrest was issued.
On November 7, 2011, NESSLAND was located by law enforcement in Idaho. Blackfoot Police officers responded to NESSLAND's vehicle. NESSLAND was located in his vehicle during a suicide attempt. Officers had to break the window of NESSLAND's vehicle, and he was transported from the scene via ambulance.
The contents of the vehicle were inventoried, which included computers, external storage devices and other items. After they learned of the Montana arrest warrant, Blackfoot Police advised the Bozeman Police Department of the items in their custody. The computer and other electronic devices were transferred to the Bozeman Police Department.
On November 7, 2011, a detective began an initial review of the computers, a camera, and storage devices. While the detective was looking for evidence of the crime of surreptitious visual observation/recordation and burglary, he found images of child pornography. All the computers and electronic devices were then sent to the Montana DCI Computer Crime Lab for forensic examination. This included the devices seized from NESSLAND's residence and vehicle.
A Certified Forensic Computer Examiner located more than 1,700 files which were visual depictions of minors engaged in sexually explicit conduct. The image files were located on multiple external storage devices, and were created between February 2007 and September 2010.
Assistant U.S. Attorney Cyndee L. Peterson prosecuted the case for the United States.
NESSLAND faces possible penalties of a mandatory minimum of 5 years in prison and could be sentenced to 20 years, a $250,000 fine, and lifetime supervision for each of the (3) counts.
The investigation was a cooperative effort between the Montana Internet Crimes Against Children Task Force (ICAC), the Bozeman Police Department, the Montana Department of Criminal Investigation, and the Idaho Blackfoot City Police Department.
Donald William Forrest Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on December 6, 2013, before Chief U.S. District Judge Dana L. Christensen, DONALD WILLIAM FORREST, a 51-year-old resident of Butte, was sentenced to a term of:
- ison: 16 months
- ecial Assessment: $100
- pervised Release: 5 years
FORREST was sentenced in connection with his guilty plea to possession with the intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Bryan R. Whittaker, the government stated it would have proved at trial the following:
On August 23, 2011, a confidential informant (CI) met with FORREST at a gas station in Rocker to purchase methamphetamine. The CI had prearranged to meet FORREST at this location. The CI approached FORREST's 1992 two-tone grey and white Ford extended cab pickup truck and got inside. FORREST and the CI circled the parking lot for approximately two minutes. The CI paid FORREST $280 in exchange for two grams of methamphetamine. FORREST had the methamphetamine sitting on the center console of his truck as he had done in previous deals. FORREST gave the CI a Premium Blend red cigarette pack which contained approximately two grams of individually wrapped methamphetamine. The CI turned the cigarette pack and the methamphetamine over to law enforcement agents who were observing the transaction.
On August 29, 2011, the CI again met with FORREST in Rocker to purchase methamphetamine. The CI had prearranged to meet FORREST at this location. The CI approached FORREST's truck and got inside. The CI paid FORREST $280 in prerecorded U.S. currency in exchange for two grams of methamphetamine. FORREST counted the money and had the methamphetamine sitting on the center console of his truck. FORREST gave the CI a Camel cigarette pack which contained the two grams of individually wrapped methamphetamine. The CI turned the cigarette pack and the methamphetamine over to law enforcement agents. Multiple law enforcement agents witnessed the transaction. The CI also wore an electronic recording device which recorded the transaction between the CI and FORREST.
On September 7, 2011, the CI made arrangements with FORREST to meet with an undercover agent (UA) and sell him 6.5 grams of methamphetamine for $900. FORREST agreed to the sale and instructed the CI to have the UA meet him behind a store in Butte. The UA met with FORREST in the store's parking lot. FORREST told the agent that he was only able to get 2 grams of methamphetamine instead of the expected 6.5 grams. The agent purchased the 2 grams of methamphetamine from FORREST for $300. FORREST gave the agent an Old Gold cigarette pack that was sitting on the center console between them which contained two individually wrapped baggies inside. The transaction was electronically recorded and observed by multiple law enforcement agents.
On September 22, 2011, the agent again met with FORREST behind the store in Butte. The agent purchased what he thought to be 4.5 grams of methamphetamine from FORREST for $600. After the agent left the transaction, the methamphetamine was weighed at only 3.3 grams. The transaction was electronically recorded and observed by multiple law enforcement agents. The agent later called FORREST to complain about the missing amount of methamphetamine wherein FORREST apologized and promised to make it right.
On December 27, 2011, FORREST indicated to the agent that he could conduct a drug transaction for approximately 1 oz. of methamphetamine for $2,400. The agent instead offered to buy 1/2 oz. of methamphetamine for $1,300. The following day the agent met with FORREST at a saloon in Montana City. FORREST got into the agent's vehicle to conduct the transaction. FORREST pulled a plastic baggie from his left front shirt pocket and provided 1/2 oz. of methamphetamine to the agent for the agreed upon price. The transaction was electronically recorded and observed by multiple law enforcement agents.
On January 21, 2013, FORREST again met the agent at the saloon where he sold the agent approximately 2 oz. of methamphetamine for $4,800. The transaction was electronically recorded and observed by multiple law enforcement agents.
Law enforcement agents sent all the methamphetamine to the DEA laboratory for testing. A DEA chemist would have testified that the total amount of actual (pure) methamphetamine sold by FORREST to the CI and the agent was more than 68 grams
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that FORREST will likely serve all of the time imposed by the court. In the federal system, FORREST 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 cooperative effort between the Federal Bureau of Investigation, the Montana Division of Criminal Investigation, and the Southwest Montana Drug Task Force.
Informational: Federal Court Initial AppearancesRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on December 6, 2013, before U.S. Magistrate Judge Keith Strong, the following individuals were arraigned:
BRUCE JOHN DENNY, a 55-year-old resident of Box Elder, appeared on a charge of sexual abuse. He is currently detained. If convicted of this charge, DENNY faces possible penalties of life in prison, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Danna R. Jackson is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
GARRETT KIRBY LAFROMBOISE, age 21, and CECILIA ROSE GARDIPEE, age 22, residents of Box Elder, appeared on charges of second degree murder and assault resulting in serious bodily injury. They are currently detained. If convicted of these charges, they each face possible penalties of life in prison, a $250,000 fine, and 5 years supervised release. Assistant U.S. Attorney Danna R. Jackson is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
ZACKARIA JULY CRAWFORD, a 22-year-old resident of Browning, appeared on charges of strangulation and assault resulting in serious bodily injury. He is currently detained. If convicted of these charges, CRAWFORD faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release on each charge. Assistant U.S. Attorney Ryan G. Weldon is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on December 6, 2013, before U.S. Magistrate Judge Keith Strong, the following individual was arraigned:
KEVIN LEWIS JOUBERT, a 43-year-old resident of Bozeman, appeared on a charge of receipt of child pornography. He is currently detained. If convicted of this charge, JOUBERT faces possible penalties of a mandatory minimum of 15 years in prison and could be sentenced to 40 years, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Cyndee L. Peterson is the prosecutor for the United States. The investigation was a cooperative effort between the Montana Internet Crimes Against Children Task Force (ICAC), the Bozeman Police Department, and the U.S. Department of Homeland Security - Homeland Security Investigations.
The defendant pled not guilty to the charge.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Brad Charles Fisher, an Insurance Salesman Convicted of Tax Evasion, Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Helena, on December 3, 2013, before Senior U.S. District Judge Charles C. Lovell, BRAD CHARLES FISHER, 51, a former resident of Helena and a current resident of Kenmore, Washington, was sentenced to a term of:
- ison: 45 months
- ecial Assessment: $100.00
- stitution: $729,794.16
- pervised Release: 3 years
FISHER was sentenced after a federal district court trial in which he was found guilty of attempt to evade or defeat income tax.
Assistant U.S. Attorney Chad C. Spraker and Department of Justice Tax Trial Attorney Joseph Rillotta prosecuted the case for the United States.
At trial, the following evidence and testimony was presented to the jury.
From April 2006 until January 2008, FISHER attempted to evade and defeat the payment of an income tax due and owing by him to the United States for the calendar years 2001 to 2006 by concealing and attempting to conceal from the Internal Revenue Service the nature and extent of his assets and by making false statements to Internal Revenue Service agents.
From 2001 through 2006, FISHER earned substantial amounts of income by selling insurance products. However, FISHER did not file any tax returns for these years until mid-2006. After IRS commenced a civil audit of FISHER for the 2001-03 tax years, and later sent him a notice of tax deficiency for this period, FISHER eventually filed his 2001-06 returns. In these tax returns, FISHER reported that he earned income and owed tax. However, contrary to his accountant(s instruction, he only paid a small portion of his tax due. By FISHER's own estimation, he owed a total of about $444,761 in tax for 2001-06 (not including interest and penalties). He paid a total of about $44,444. Accordingly, IRS referred this case to its Collections Division. An IRS agent was assigned to collect FISHER's back taxes, and he contacted FISHER in April 2006 to initiate the collections process. The agent asked that FISHER fill out a Collection Information Statement, which calls for the taxpayer to disclose his assets.
When the agent first met with FISHER on May 9, 2006, FISHER provided a partially filled out Collection Information Statement. Because the form did not list any motor vehicles, the agent asked FISHER what motor vehicles he owned. FISHER listed several cars, but failed to mention four to which he held title at the time: a 1967 Chevrolet Corvette, a 1974 Chevrolet Nova, a 1996 GMC K-1500, and a 1999 Chevrolet Tahoe. FISHER also failed to mention a 2004 Chaparral boat that he owned, until the agent inquired about a reference to a boat in FISHER's bank records during a later meeting. Even then, FISHER said he had "no equity" in the boat, when in fact he sold it shortly thereafter and received $17,227 net of encumbrances.
In late 2006, as it became apparent that FISHER was not selling assets voluntarily, the IRS began to take steps to levy certain of his assets. On April 9, 2007, FISHER sent a second Collection Information Statement to the agent. Again, however, it failed to disclose a vehicle that FISHER owned, this time a 2007 Chevrolet Silverado that he had recently purchased. As IRS Collections proceeded toward seizure of FISHER's assets, FISHER filed for bankruptcy on November 14, 2007. It was only during a subsequent bankruptcy hearing that the agent learned about the vintage classic cars that FISHER had previously concealed.
In addition to the agent's testimony and presentation of Department of Motor Vehicles (DMV) records concerning the concealed vehicles, the government offered testimony from the persons that sold certain cars (and the boat) to FISHER, as well as from the buyers who later purchased the vehicles from him. FISHER's travel agent also testified that, during the time his tax debt was outstanding, FISHER purchased expensive vacation packages instead, belying any suggestion that FISHER attempted to pay his debt in good faith.
The vast majority of American citizens pay their taxes when due. Mr. Fisher did not. A jury convicted him of willfully evading hundreds of thousands of dollars in tax liability. Today, Mr. Fisher was sentenced to 45 months in federal prison for his crime, which will serve as a deterrent to others who evade their tax liability." U.S. Attorney Michael W. Cotter.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that FISHER will likely serve all of the time imposed by the court. In the federal system, FISHER 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 Criminal Investigation Division of the Internal Revenue Service.
Sylvia Canales-Pierson Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on November 26, 2013, before Chief U.S. District Judge Dana L. Christensen, SYLVIA CANALES-PIERSON, a 50-year-old resident of Seattle, Washington, was sentenced to a term of:
- ison: 24 months
- ecial Assessment: $100
- pervised Release: 5 years
CANALES-PIERSON was sentenced in connection with her guilty plea to conspiracy to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Tara J. Elliott, the government stated it would have proved at trial the following:
On October 28, 2011, during the execution of a Montana state search warrant, a Montana Highway Patrol Trooper and a Special Agent with the DEA seized $175,060 and approximately one half pound of methamphetamine from a concealed aftermarket compartment of a Toyota truck driven by CANALES-PIERSON. Donald Leroy Rickards was a passenger in the vehicle. The drugs were later tested by the DEA laboratory which indicated that they contained well over 50 grams of pure methamphetamine.
The agent detained CANALES-PIERSON and her sister, Maria Dolores Ramsdell, after they attempted to retrieve the truck from the Montana Highway Patrol. When interviewed, CANALES-PIERSON indicated that, under the direction of her niece she had been transporting bulk currency and/or methamphetamine about every two weeks since approximately October of 2010 between Kelso, Washington; Minneapolis, Minnesota; and San Jose, California. CANALES-PIERSON stated that her niece had made arrangements on this most recent trip for her to take the Toyota truck. CANALES-PIERSON stated that her niece paid $7,000 on average to her for making each trip, that her boyfriend Rickards had traveled with her during a majority of the trips to keep her company and to share the driving, and that CANALES-PIERSON paid Rickards about $2,000 for taking the trips with her. CANALES-PIERSON stated that she had taken her first trip in October of 2010 with her sister, Ramsdell, who had made prior trips at CANALES-PIERSON's niece's direction from Kelso, Washington, to Minneapolis, Minnesota, then to San Jose, California, back to Minneapolis, and then back to Kelso.
When interviewed, Ramsdell provided statements that were consistent with CANALES-PIERSON's statement, confirming her own involvement in and knowledge of the transportation of methamphetamine and/or bulk currency at the direction of CANALES-PIERSON's niece.
Rickards also made a statement which was consistent with CANALES-PIERSON's statement and confirmed his involvement in and knowledge of the transportation of methamphetamine and/or bulk currency at the direction of the niece.
Ramsdell and Rickards pled guilty to federal charges.
Because there is no parole in the federal system, the truth in sentencing guidelines mandate that CANALES-PIERSON will likely serve all of the time imposed by the court. In the federal system, CANALES-PIERSON 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 cooperative effort between the High Intensity Drug Task Force and the Drug Enforcement Administration.
Dustin Berg Panian Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on November 26, 2013, before Chief U.S. District Judge Dana L. Christensen, DUSTIN BERG PANIAN, a 25-year-old resident of Missoula, was sentenced to a term of:
- ison: 12 months and 1 day
- ecial Assessment: $100
- pervised Release: 5 years
PANIAN was sentenced in connection with his guilty plea to conspiracy to distribute cocaine and heroin.
In an Offer of Proof filed by Assistant U.S. Attorney Tara J. Elliott, the government stated it would have proved at trial the following:
Beginning in approximately the spring of 2011 and continuing through February of 2013, PANIAN, Mackenzie Richard Keene Joiner, and Austin Leo Timothy Hagman distributed cocaine throughout the Missoula area. A CI (CI 1) would have testified that each defendant received more than 500 grams of cocaine from him/her during this period for redistribution in Missoula. A second CI (CI 2) would have testified and confirmed this information.
Finally, a third CI (CI 3) would have testified to receiving narcotics from Joiner and would have further testified that s/he knew that Joiner and Hagman worked together and that they and PANIAN received their drugs from CI 1.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, they do 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 Investigation.
Sean Michael Vaira Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on November 26, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, SEAN MICHAEL VAIRA, a 30-year-old resident of Billings, pled guilty to possession with intent to distribute methamphetamine. Sentencing has been set for March 13, 2014. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Joseph E. Thaggard, the government stated it would have proved at trial the following:
In early 2013, the Montana Division of Criminal Investigation (MDCI), the Drug Enforcement Administration (Drug Enforcement Administration), and Sidney Police Department began to investigate a drug trafficking network operating in Sidney and Fairview. That investigation revealed VAIRA was involved in the drug trafficking network;
On August 7, 2013, when interviewed by MDCI agents, VAIRA stated that, in approximately December 2012, he met a methamphetamine dealer based in Sidney.a VAIRA stated that between approximately late December 2012 or early January 2013 and mid-March 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.
VAIRA stated that in approximately mid-April 2013, he obtained approximately seven grams of methamphetamine from a drug dealer in Fairview and distributed the methamphetamine.
VAIRA stated that, several days later, at the behest of that drug dealer, he drove to Butte and obtained one-half pound of methamphetamine. VAIRA stated he drove that methamphetamine 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.
VAIRA stated that several days later, he drove to Butte and obtained another half-pound of methamphetamine, which he later distributed to the Fairview-based drug dealer and other drug dealers in the Sidney area.
VAIRA faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $1,000,000 fine, and 3 years supervised release. .
Today's change of plea is a product of diligent work by the very dedicated agents who have been joined together under the banner of Project Safe Bakken. As the work of this team - which includes law enforcement professionals from all branches of local, state, and federal law enforcement - goes forward, the people of Montana and North Dakota can expect more cases from affected communities. That is the mission and commitment of Project Safe Bakken." said U.S. Attorney Michael W. Cotter.
This investigation was a part of Project Safe Bakken, which is a cooperative effort between the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Bureau of Indian Affairs (BIA), the U.S. Border Patrol, the U.S. Marshals Service, the Environmental Protection Agency Criminal Investigation Division (EPA-CID), the Department of Homeland Security (DHS), the Montana Division of Criminal Investigation (MDCI), the Montana Highway Patrol, the North Dakota Bureau of Criminal Investigation (BCI), the Billings Police Department, the Yellowstone County Sheriff's Office, the Sidney Police Department, and the Idaho State Police.
Wilkerson P. Phillips, Sr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Helena, on November 21, 2013, before Senior U.S. District Judge Charles C. Lovell, WILKERSON P. PHILLIPS, SR., a 50-year-old resident of Louisiana, was sentenced to a term of:
- obation: 5 years
- ecial Assessment: $100
PHILLIPS was sentenced in connection with his guilty plea to the acquisition of controlled substances by misrepresentation, fraud, and deception.
In an Offer of Proof filed by Assistant U.S. Attorney Timothy J. Racicot, the government stated it would have proved at trial the following:
PHILLIPS was a Certified Registered Nurse Anesthetist ("CRNA") working on a contract basis at the Fort Harrison Veterans Affairs Medical Center ("VAMC") acute care medical-surgical facility. At that facility, much of the anesthesia care is provided by CRNAs under the supervision of staff anesthesiologists and surgeons.
CRNAs are able to access prescription medications for use in patients' pre-, post-, and inter-operative care through the use of the "Omnicell" automated drug-dispensing machine. The Omnicell provides a secure method of storage, and requires staff to authenticate and record the removal, return, waste, and inventory of the stocked medications, which include multiple Schedule II and III controlled substances such as hydromorphone, fentanyl citrate, and ketamine.
PHILLIPS used his access to the Omnicell to withdraw certain prescription drugs associated with his CRNA responsibilities for patient anesthesia care. In May and June 2011, PHILLIPS was diverting prescription medications from the Fort Harrison VAMC for his own unauthorized use. Investigators discovered and seized physical evidence from the VAMC and from PHILLIPS' person, car, and hotel room, including used syringes, vials that contained controlled substances, and other drug paraphernalia. The drugs corresponded to items that were unaccounted for in PHILLIPS' Omnicell transaction records. On June 15, 2011, PHILLIPS admitted to diverting drugs for his own use and described in some detail how he obtained the drugs from the Omnicell system.
The investigation was conducted by the U.S. Department of Veterans Affairs - Office of Inspector General.