District of Montana
Press releases recorded for this federal judicial district.
Steven C. Munson Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on November 22, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, STEVEN C. MUNSON, a 61-year-old resident of Bozeman, pled guilty to theft from an employee benefit plan. Sentencing has been set for March 24, 2014. He is currently released on special conditions.
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:
During the time period relevant to the charges in the Indictment, MUNSON was the sole owner of DDCS Express, Inc., a postal service provider based in Bozeman. DDCS operated mail routes pursuant to contracts with the U.S. Postal Service ("USPS"). DDCS sponsored an employee benefit plan - the DDCS Express, Inc. 401(k) Plan. The Plan was defined by ERISA as an employee benefit plan. DDCS was the Plan's administrator and sponsor and MUNSON was the Plan's trustee. The Plan allowed employees to make voluntary contributions through salary deductions. In addition, the Plan was to receive fringe benefit contributions from the USPS contracts, as each contract expressly required that DDCS make fringe benefit payments to each employee for all hours worked. The Plan was previously administered by Montana Pension Administration, Inc., and American Funds was the Plan's previous record-keeper, but both entities resigned in 2008 due to DDCS's deficient performance.
On July 16, 2010, the Employee Benefits Security Administration ("EBSA") received a complaint from a DDCS employee that MUNSON had not deposited the required amounts into the Plan and had not filed the required reports disclosing the financial conditions of the Plan. The EBSA opened an investigation and determined MUNSON did not make any deposits into the Plan from January 2007 through June 2010. He also failed to pay his employees all of the fringe benefits due and owing and eventually liquidated the 401(k) plan but did not return the remaining funds to his employees. The total amount of loss attributable to MUNSON's conduct is approximately $70,770.52, which is broken down as follows: $2,652.25 in unpaid contributions to the Plan, $46,219.28 in unpaid fringe benefits, and $21,898.99 in funds removed from the liquidated Plan account and not remitted to employees.
During the same period of time that he failed to fund and manage the Plan, MUNSON paid himself considerable sums of money. He wrote himself approximately $744,000 in company checks during the relevant time period.
MUNSON faces possible penalties of 5 years in prison, a $250,000 fine, and 3 years supervised release.
The investigation was conducted by the U.S. Department of Labor - Employee Benefits Security Administration.
Michael Thomas Bad Old Man 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 November 22, 2013, before Chief U.S. District Judge Dana L. Christensen, MICHAEL THOMAS BAD OLD MAN, a 21-year-old resident of Cut Bank and an enrolled member of the Blackfeet Tribe, was sentenced to a term of:
- ison: 27 months, concurrent with another sentence
- ecial Assessment: $100
- pervised Release: 3 years
BAD OLD MAN was sentenced in connection with his guilty plea to burglary.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
On February 4, 2012, "Jane Doe" was in Great Falls because her father was in the hospital. Three individuals walked by her residence in Browning, which was located within the exterior boundaries of the Blackfeet Indian Reservation.
On February 4, 2012, a neighbor was out on his porch and observed three male individuals walking by his neighbor's residence. While he saw the three individuals walking by the residence, he did not see them pass by. He then heard three kicks and he knew that someone was breaking into "Jane Doe's" residence. He told his wife to call their son who is an officer with the Blackfeet Law Enforcement Services.
His wife called their son and then she grabbed her camera. When their son, the officer, pulled up the officer and the neighbor went into "Jane Doe's" residence. The neighbor's wife then took pictures of all three individuals running out of the house. The burglary occurred in broad daylight.
The individuals who broke into the house then climbed the fence, and one escaped. BAD OLD MAN and "X.X." were caught. BAD OLD MAN had items in his pockets. While waiting for law enforcement to arrive, BAD OLD MAN stated that he was going to kill the neighbor and the officer when he gets out of jail.
After backup arrived, the officer took pictures of "Jane Doe's" front door to the residence. The door was damaged. The officer stated that he was able to identify all three defendants by name when he saw them in the residence.
While at jail, a detention officer patted down BAD OLD MAN and found numerous earrings, a knife, a zippo lighter, a metal box, a heart-shaped ring, two NFL star earrings, a pink wrist band with pendant, and a rosary with a white pendant. These items were photographed.
Jane Doe" identified the items that were found on BAD OLD MAN as belonging to her. "Jane Doe's" daughter explained that BAD OLD MAN was in her house before and knew that it was "Jane Doe's" house. "Jane Doe's" daughter estimated that BAD OLD MAN had been in the house approximately five times.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BAD OLD MAN will likely serve all of the time imposed by the court. In the federal system, BAD OLD MAN 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 Indian Affairs.
Kera Dawn Evans Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in , on November 22, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, KERA DAWN EVANS "a/ka/ Kera Dawn Hoots", a 30-year-old resident of Big Timber, pled guilty to possession with intent to distribute methamphetamine. Sentencing has been set for March 13, 2014. She 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 (DEA) and Sidney Police Department began to investigate a drug trafficking network operating in Sidney and Fairview, as well as other locations in Montana. The investigation revealed EVANS was involved in that drug trafficking network.
On March 1, 2013, EVANS sold one ounce of purported methamphetamine to an undercover MDCI agent in a transaction which occurred in Bozeman. A DEA chemist later analyzed the substance and concluded it contained 28.1 grams of actual methamphetamine.
On March 6, 2013, EVANS sold one ounce of purported methamphetamine to an undercover MDCI agent in a transaction that occurred in Livingston. A DEA chemist later analyzed the substance and concluded it contained 27.9 grams of actual methamphetamine.
On March 11, 2013, EVANS sold approximately 55 grams of purported methamphetamine to an undercover MDCI agent in a transaction that occurred in Billings. A DEA chemist later analyzed the substance and concluded it contained 54.6 grams of actual methamphetamine.
On March 14, 2013, EVANS agreed to sell more methamphetamine to the undercover MDCI agent. Thereafter, law enforcement officers stopped a vehicle in which EVANS was driving in Columbus. The officers seized approximately 223 grams of suspected methamphetamine from the vehicle. A DEA chemist later analyzed the substance and concluded it contained approximately 219 grams of actual methamphetamine.
EVANS faces possible penalties of ? years in prison, a $250,000 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, the Sweet Grass County Sheriff's Office, and the Idaho State Police.
James Leroy Daniel Baltierra and Kirk Von Felhaber 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 November 21, 2013, before U.S. District Judge Donald W. Molloy, JAMES LEROY DANIEL BALTERRA, age 31, and KIRK VON FELHABER, age 55, residents of McKinleyville, California, were sentenced.
BALTERRA received the following sentence:
- obation: 5 years - (1 year house arrest)
- ecial Assessment: $100
FELHABER received the following sentence:
- Ison: 6 months (house arrest)
- ecial Assessment: $100
- pervised Release: 3 years
They were sentenced in connection with their guilty pleas 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 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. Patrick McMullen, 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, McMullen, and Combs pled guilty to federal charges.
The investigation was conducted by the Federal Bureau of Investigation's Big Sky Safe Streets Task Force.
Blair Chiefstick 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 November 21, 2013, before Chief U.S. District Judge Dana L. Christensen, BLAIR CHIEFSTICK, a 22-year-old resident of Box Elder, was sentenced to a term of:
- ison: 87 months
- ecial Assessment: $100
- pervised Release: 10 years
CHIEFSTICK was sentenced in connection with his guilty plea to aggravated sexual abuse.
In an Offer of Proof filed by Assistant U.S. Attorney Danna R. Jackson, the government stated it would have proved at trial the following:
On September 2, 2012, after a night of huffing gasoline and drinking beer, CHIEFSTICK went to L.C.'s house. L.C.,J.C., and two children were at the home. CHIEFSTICK knocked on J.C.(s door and asked for some beer. CHIEFSTICK then grabbed J.C. by the ankles and drug her to another bedroom. He locked the door, pushed J.C. onto the floor, poured gasoline on J.C., and yelled that they were going to burn and die. CHIEFSTICK then sexually abused J.C.
CHIEFSTICK was arrested the next day. When interviewed, CHIEFSTICK told law enforcement that he knocked on J.C.(s door and asked for beer. He admitted that he pulled J.C. to the master bedroom. CHIEFSTICK recalled an altercation with L.C. and recalled jumping out a window and running away because he did not want to be caught by the police.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that CHIEFSTICK will likely serve all of the time imposed by the court. In the federal system, CHIEFSTICK 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.
Phillip Dennis Keith Found Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney(s Office announced that on November 20, 2013, in Billings, after a federal district court trial before District of Wyoming U.S. District Judge Scott W. Skavdahl, PHILLIP DENNIS KEITH, a 66-year-old resident of Billings, was found guilty of false statements to a federally insured banking institution. A sentencing date will be set at a later time. He is currently released on special conditions.
At trial, the following evidence and testimony was presented to the jury:
Representatives of Wells Fargo Bank, Rocky Mountain Bank, and First Citizen's Bank (now Western Security Bank) explained that KEITH pledged one of his liquor licenses as collateral for loans at all three banks, falsely telling each bank that the liquor license was free and clear of liens. KEITH needed the loans to complete his development of the 12th Planet Nightclub at the Rimrock Mall.
Assistant U.S. Attorneys Kris A. McLean and Brendan P. McCarthy prosecuted the case for the United States.
KEITH faces possible penalties of 30 years in prison, a $1,000,000 fine and 5 years supervised release.
The investigation was conducted by the Federal Bureau of Investigation.
John Ryan Hugs 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 November 20, 2013, before U.S. District Judge Donald W. Molloy, JOHN RYAN HUGS, a 33-year-old resident of St. Xavier, was sentenced to a term of:
Probation: 4 years
Special Assessment: $10
HUGS was sentenced after a federal district court trial in which he was found guilty of assault by beating, striking, or wounding. Assistant U.S. Attorney Lori Harper Suek prosecuted the case for the United States.
The investigation was conducted by the Federal Bureau of Investigation.
Blayne Kyle Brady 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 November 20, 2013, before U.S. District Judge Donald W. Molloy, BLAYNE KYLE BRADY, a 22-year-old resident of Lame Deer and an enrolled member of the Northern Cheyenne Tribe, was sentenced to a term of:
- ison: 30 months
- ecial Assessment: $100
- stitution: $534
- pervised Release: 3 years
BRADY 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 Lori Harper Suek, the government stated it would have proved at trial the following:
On October 18, 2012, the victim was found by a motorist on the side of Highway 212 near mile marker 8 on the Crow Indian Reservation. He was seriously injured. Police and medical personnel arrived and transported him to the Crow/Northern Cheyenne Indian Health Service Emergency Room, and then transferred him to the Billings Clinic due to the severity of the injuries to his eyes.
Law enforcement conducted interviews and learned that the assault occurred after BRADY and the victim started arguing as they were sitting in the backseat of a car. BRADY and the victim then got out of the car and started fighting on the side of the road.
When interviewed, BRADY admitted that, although his memory of the assault is sketchy because he was intoxicated, he does remember that he hurt the victim badly. BRADY indicated that there was some tension between his family and the victim's family. Because of his level of intoxication, though, the victim has no memory of how he was injured.
The victim suffered serious injuries to both of his eyes. He lost some vision in one eye and is blind in the other. The injuries are consistent with BRADY gouging the eyes of the victim with his thumbs.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BRADY will likely serve all of the time imposed by the court. In the federal system, BRADY 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 Indian Affairs.
Thomas Andrew Quinton Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on November 12, 2013, before U.S. Magistrate Judge Keith Strong, THOMAS ANDREW QUINTON, a 32-year-old resident of Lethbridge, Alberta, Canada, pled guilty to travel with the intent to engage in illicit sexual conduct. Sentencing has been set for February 7, 2014. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Michael S. Lahr, the government stated it would have proved at trial the following:
In June 2013, members of the Montana 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, an 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 e-mails from QUINTON contained descriptions of sexual acts QUINTON wanted to engage in with Katie. QUINTON also sent a photograph of himself and two more of his penis.
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 sexual abuse of children.
The agent and a Great Falls Police detective 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. The agent 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.
QUINTON faces possible penalties of 30 years in prison, a $250,000 fine, and lifetime supervision.
The investigation was a cooperative effort between the U.S. Department of Homeland Security - Homeland Security Investigations, the Montana Internet Crimes Against Children (ICAC) Task Force, and the Great Falls Police Department.
Joshua Tyler Apland Sentenced in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Helena, on November 18, 2013, before Senior U.S. District Judge Charles C. Lovell, JOSHUA TYLER APLAND, a 21-year-old resident of Minot, North Dakota, was sentenced to a term of:
- ison: 100 months
- ecial Assessment: $200
- pervised Release: 5 years
APLAND was sentenced in connection with his guilty plea to conspiracy to possess with intent to distribute methamphetamine and being a felon-in-possession of a firearm.
In an Offer of Proof filed by Assistant U.S. Attorneys Michael S. Lahr and Zeno B. Baucus, the government stated it would have proved at trial the following:
On February 1, 2011, APLAND was convicted of an offense punishable by more than one year imprisonment in the state of North Dakota, therefore prohibiting him from possessing firearms.
In September 2012, members of the Missouri River Drug Task Force (MRDTF) investigated APLAND, X.X., Z.Z. and others for conspiring to possess methamphetamine with the intent to distribute in Helena as well as in other locations in Montana. As part of that investigation, on September 13, 2012, a Montana Division of Criminal Investigation (MDCI) agent learned that APLAND was in Helena. The agent also learned that APLAND was the subject of an arrest warrant for failing to comply with the terms of his probationary sentence in North Dakota.
On September 19, 2012, members of the MRDTF learned APLAND, X.X., and Z.Z. were staying at a residence in Helena. Agents then contacted the owner of the residence who confirmed APLAND, X.X., and Z.Z. were staying at the residence and were armed with handguns and a shotgun.
Later, on September 19, 2012, agents went to the residence and placed it under surveillance. Still later on the same day, APLAND left the residence in a vehicle. X.X. and Z.Z. left the residence in another vehicle;
A uniformed officer driving a patrol car attempted to stop the vehicle driven by APLAND. APLAND fled from the officer. Along the way, he threw a Weatherby, model PA-459, 12 gauge shotgun out of the vehicle. Law enforcement officials recovered that firearm. APLAND also disposed of a Smith and Wesson, model SW40VE, .40 caliber, semiautomatic pistol during the course of the pursuit. On September 20, 2012, law enforcement recovered that firearm near a stretch of the same road.
APLAND was ultimately arrested at a bar in Lincoln on September 19, 2012;
Members of the MRDTF interviewed APLAND following his arrest. APLAND admitted that he possessed the shotgun and pistol and that he threw the shotgun while being pursued by the patrol car.
APLAND admitted that, during the time period of the conspiracy, he, X.X., Z.Z., and Y.Y. traveled to Salt Lake City, Utah on multiple occasions. APLAND stated that during those trips they obtained a total of approximately 25 ounces of methamphetamine for distribution. APLAND stated that Y.Y. financed most the purchases of methamphetamine and received much of the methamphetamine obtained in Salt Lake City.
APLAND stated that he or other members of the conspiracy, including X.X., Z.Z., and Y.Y., then distributed the methamphetamine in Montana, North Dakota, and South Dakota. APLAND stated that he distributed some of the methamphetamine to Y.Y. in a meeting that occurred in Helena during the course of the conspiracy.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that APLAND will likely serve all of the time imposed by the court. In the federal system, APLAND 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 Montana Division of Criminal Investigation.
Federal False Claims Complaint Filed Against Former Blackfeet Tribal ChairmanRead the Press Release
The United States Attorney's Office announced that it has filed a False Claims Act complaint against former Blackfeet Tribal Chairman Patrick Charles Thomas in federal court. The civil complaint seeks over $944,000 in damages.
Thomas, a lifelong resident of the Blackfeet Reservation, served on the Blackfeet Tribal Business Council, the governing body of the Blackfeet Tribe, from 2004 to 2008; first in the position of Vice Chairman and then as Chairman.
The complaint relates to a December 2011 claim by Thomas against the Keepseagle v. Vilsak settlement fund. In Keepseagle v. Vilsak, Civil Action No. 1:99 CV 03119 (DDC) (EGS), a class action lawsuit was pursued by Native American farmers and ranchers who alleged that they had been discriminated against by the U.S. Department of Agriculture (USDA) and that they had been denied equal access to credit in the USDA Farm Loan Program. As a result of that lawsuit, on April 28, 2011, a $760 million settlement with the USDA was approved, a settlement fund was established, and claims were entertained from individual Native American producers who asserted that they had been discriminatorily aggrieved by the USDA in the lending process.
The Native American farmers and ranchers entitled to file a claim and receive relief under the settlement were producers who:
Farmed or ranched or attempted to farm or ranch between January 1, 1981 and November 24, 1999;
Sought, or attempted to seek, a farm loan from the USDA during that period;
Had their application denied, provided late, approved for a lessor amount than asked, was encumbered by restrictive conditions, or failed to have appropriate loan servicing;
Complained about discrimination to the USDA during the same time period; and
Suffered economic harm attributable to USDA actions.
Successful claimants were eligible to receive a payment of up to $50,000 and forgiveness of some or all outstanding USDA loans.
In its civil complaint, the United States seeks damages from Thomas based upon his claim that he was discriminated against by the Farm Service Agency (FSA) and that he had met the criterion relating to complaining to USDA about discrimination during the time period. The United States alleges that the claims were untrue and that Thomas would not have been able to share in the settlement if he had been honest.
As a result of his successful claim, the complaint alleges, the FSA forgave $201,917.53 in agricultural loan indebtedness, paid him a $50,000 award, and then paid Thomas's income tax liability on the loan forgiveness and the cash award in the amount of $62,979.38, for a total loss to the United States of $314,896.91. The False Claims Act allows the United States to recover three times the actual loss amount so the total demand is $944,690.73.
United States Attorney Mike Cotter stated:
The Keepseagle settlement fund was established by the Department of Agriculture to remedy a bona fide complaint that Native American producers had been treated unfairly in agricultural lending practices. Like all fraud, waste, and abuse in government programs, a fraudulent claim to a share of that fund diminishes the opportunity for the truly aggrieved to be properly compensated. And it undermines the integrity of the judicial system. This office is committed to holding false actors accountable and maintaining the confidence of the public in our ability to stem the tide of litigation fraud."
Dustin Jay After Buffalo 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 14, 2013, before Chief U.S. District Judge Dana L. Christensen, DUSTIN JAY AFTER BUFFALO, an enrolled member of the Blackfeet Tribe, was sentenced to a term of:
- ison: 12 months and 1 day
- ecial Assessment: $100
- pervised Release: 3 years
AFTER BUFFALO was sentenced in connection with his guilty plea to burglary.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
On February 4, 2012, "Jane Doe" was in Great Falls because her father was in the hospital. Three individuals walked by her residence in Browning, which was located within the exterior boundaries of the Blackfeet Indian Reservation.
On February 4, 2012, a neighbor was out on his porch and observed three male individuals walking by his neighbor(s residence. While he saw the three individuals walking by the residence, he did not see them pass by. He then heard three kicks and he knew that someone was breaking into "Jane Doe's" residence. He told his wife to call their son who is an officer with the Blackfeet Law Enforcement Services.
His wife called their son and then she grabbed her camera. When their son, the officer, pulled up, the officer and the neighbor went into "Jane Doe's"s residence. The neighbor's wife then took pictures of all three individuals running out of the house. The burglary occurred in broad daylight.
The individuals who broke into the house then climbed the fence, and one escaped. AFTER BUFFALO and Michael Bad Old Man were caught. Bad Old Man had items in his pockets. While waiting for law enforcement to arrive, Bad Old Man stated that he was going to kill the neighbor and the officer when he gets out of jail.
After backup arrived, the officer took pictures of "Jane Doe's" front door to the residence. The door was damaged. The officer stated that he was able to identify all three defendants by name when he saw them in the residence. In particular, the one who had escaped because he is aware of and knows the individual.
When questioned, AFTER BUFFALO stated that he did not remember the incident because he was high on methamphetamine. AFTER BUFFALO however acknowledged that he "come to" while he was in the house. He stated that after entering the house, the other two individuals started throwing things in their pockets and ordering AFTER BUFFALO to do the same. AFTER BUFFALO stated that Bad Old Man kicked the door in and he claimed that the other two were going to beat him up if he did not go in there with them. AFTER BUFFALO stated that when the cops showed up he ran outside the back door, jumped a fence, and that the officer "beat him up with a bat." AFTER BUFFALO then identified all 3 individuals in the photos the neighbor's wife had taken. AFTER BUFFALO claimed that he never took anything from the house but stated that he did eat a sandwich in the house.
Bad Old Man pled guilty to federal charges.
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, he 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.
Shannon James Augare Pleads Guilty and Sentenced in U.S. Federal CourtRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Great Falls on November 7, 2013, before U.S. Magistrate Judge Keith Strong, SHANNON JAMES AUGARE, a 34-year-old resident of Browning, pleaded guilty and was sentenced on charges of obstructing a peace officer, driving under the influence of alcohol, and reckless driving.
AUGARE was fined $1,250 and charged a $30 special assessment fee.
Assistant U.S. Attorney Ryan G. Weldon stated that the government would have proved at trial the following:
On May 26, 2013, AUGARE drank at the Pioneer Bar with his family. After spending hours in the bar, AUGARE drove home toward Browning. The Glacier County Sheriff's Office received reports of an intoxicated driver, and AUGARE was ultimately pulled over. When stopped, a Glacier County Deputy asked AUGARE, "Do you know why I stopped you?" AUGARE responded, "I am Shannon Augare. Why did you stop me?" AUGARE then stated, "Well, you have no jurisdiction. So, I am going to go." The Glacier County Deputy directed AUGARE to turn off his vehicle, but AUGARE sped off into the night.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Glacier County Sheriff's Office.
Leonard LaVerne Ewalt, Jr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Butte, on November 8, 2013, before U.S. District Judge Sam E. Haddon, LEONARD LAVERNE EWALT, JR., a 42-year-old resident of Butte, was sentenced to a term of:
Prison: 160 months
Special Assessment: $100
Supervised Release: 5 years
EWALT was sentenced in connection with his guilty plea to conspiracy to possess with the intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:
From approximately February 2008 until approximately July 2012, EWALT and numerous others possessed with the intent to distribute methamphetamine in Butte and other places in Montana. The methamphetamine came from Las Vegas and other places from outside the state of Montana for distribution by EWALT and others.
EWALT admitted to this conduct when interviewed by law enforcement. EWALT admitted that the full scope of his criminal conduct included possessing with the intent to distribute approximately 24 pounds of methamphetamine with other people.
This information was confirmed through the interview of other witnesses. Money Gram records also confirmed EWALT's admissions.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that EWALT will likely serve all of the time imposed by the court. In the federal system, EWALT 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 U.S. Department of Homeland Security - Homeland Security Investigations, the Butte-Silver Bow Law Enforcement Services, and the Drug Enforcement Administration Lab.
Joseph Michele Derius Peasley 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 8, 2013, before Chief U.S. District Judge Dana L. Christensen, JOSEPH MICHELE DERIUS PEASLEY, a 21-year-old resident of Missoula, was sentenced to a term of:
Prison: 40 months
Special Assessment: $100
Forfeiture: gun and ammunition
Supervised Release: 3 years
PEASLEY 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 Paulette L. Stewart, the government stated it would have proved at trial the following:
On October 31, 2012, in Missoula County, PEASLEY was convicted of assault with a weapon and thereby prohibited from possessing firearms.
On November 11, 2012, the Missoula Police Department received a call that PEASLEY was headed from the north side of Missoula with a firearm. PEASLEY was described as a white male, 6'11" tall, wearing a beanie or hat with a black backpack riding a red mongoose bike. A MPD officer located PEASLEY who would not stop. As PEASLEY continued to ride away from the officer, PEASLEY grabbed at his right-side waistband a couple of times. PEASLEY eventually got off of his bike and ran from the officer. PEASLEY ran into the canal before he finally stopped running. The officer had to keep his firearm trained on PEASLEY until backup units arrived.
When interviewed, PEASLEY admitted to throwing a firearm into the canal before he stopped running. PEASLEY stated that a friend paid him $85 to throw the firearm into the river. The firearm was black and silver with the serial number scratched off.
The next day, MPD officers located the black and silver, Kahr .40 caliber pistol in the river. It was loaded with six rounds of ammunition.
The caller from November 11, 2012, previously observed PEASLEY with the .40 caliber, black and silver, pistol on November 9, 2012. PEASLEY pulled the pistol out of his backpack and told the caller to, "check it out."
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that PEASLEY will likely serve all of the time imposed by the court. In the federal system, PEASLEY 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 Missoula Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Jerri Rowher Mccubbins Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Butte, on November 8, 2013, before U.S. District Judge Sam E. Haddon, JERRI ROWHER McCUBBINS, a 63-year-old resident of Butte, was sentenced to a term of:
Prison: 48 months
Special Assessment: $100
Supervised Release: 5 years
McCUBBINS was sentenced in connection with her guilty plea to conspiracy to possess with the intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:
From approximately March 2012 until approximately July 2012, McCUBBINS and others possessed with the intent to distribute methamphetamine in Butte and other places in Montana. The methamphetamine came from Las Vegas for distribution in the Butte area.
During the time frame alleged in the indictment, McCUBBINS received 8 to 10 ounces of methamphetamine from her co-conspirators for further distribution in the Butte area.
McCUBBINS admitted to this conduct when interviewed by law enforcement.
This information was confirmed through the interview of other witnesses. Money Gram records also confirmed McCUBBINS' admissions.
A laboratory analysis confirmed the presence of methamphetamine that was confiscated by law enforcement during their investigation.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that McCUBBINS will likely serve all of the time imposed by the court. In the federal system, McCUBBINS 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 U.S. Department of Homeland Security - Homeland Security Investigations, the Butte-Silverbow Police Department, and the Drug Enforcement Administration Lab.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on November 8, 2013, before U.S. Magistrate Judge Keith Strong, the following individual was arraigned:
NATHANIEL COLE BURDEAU, a 21-year-old resident of Browning, appeared on a charge of assault resulting in serious bodily injury. He is currently released on special conditions. If convicted of this charge, BURDEAU faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release. 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 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.
Vegas Clay Calder 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 6, 2013, before Senior U.S. District Judge Charles C. Lovell, VEGAS CLAY CALDER, a 38-year-old resident of Helena, was sentenced to a term of:
- ison: 100 months
- ecial Assessment: $100
- ne: $5,000
- pervised Release: 3 years
CALDER 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 Paulette L. Stewart, the government stated it would have proved at trial the following:
On September 1, 2005, CALDER was convicted of criminal possession of dangerous drugs and conspiracy to possess with the intent to distribute methamphetamine and was therefore prohibited from possessing firearms.
On November 2, 2011, Montana Probation and Parole conducted a probation search of CALDER(s Helena residence because CALDER failed to report as required on October 26, 2011. They had received information that he was living in Helena and that he was in possession of several firearms.
During the probation search, officers located a safe in CALDER's bedroom closet. The safe contained three loaded firearms with obliterated serial numbers, $7,700 cash, and drug paraphernalia. The firearms were a Rock Island Armory .45 caliber pistol, a Charter Arms .38 caliber revolver, and a Ruger 9mm pistol.
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, he 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 Probation and Parole, the Missouri River Drug Task Force, the Helena Police Department, the Lewis and Clark Sheriff's Office, and the Montana Division of Criminal Investigation.
Mark Lawrence Wilson Arraigned and Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on November 7, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, MARK LAWRENCE WILSON, a 45-year-old resident of Big Fork, was arraigned and pled guilty to unlawful drug user in possession of firearms and ammunition. Sentencing is set for February 20, 2014.
In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:
On November 8, 2012, WILSON, an unlawful drug user of marijuana and cocaine, possessed 12 firearms and more than 5,200 rounds of ammunition in Flathead County.
On November 8, 2012, law enforcement executed search warrants on WILSON's car and Flathead County residence as the result of a four-month investigation regarding WILSON's use and distribution of cocaine.
Law enforcement located two handguns and a shotgun during the search warrant execution on WILSON's 2003 Chevy Tahoe that WILSON was driving at the time of his arrest. One of those handguns was a FN 5.7 x 28. The FN handgun appeared to be the same gun that WILSON brandished during a cocaine sale of two grams for $200 on November 2, 2012. Law enforcement also located three FN 5.7 x 28 magazines. The magazines contained 44 rounds of FN 5.7 x 28 ammunition.
Law enforcement located nine firearms; 5,235 rounds of ammunition, two bags of marijuana, suspected cocaine and LSD, one digital scale, and $1,550 cash from WILSON's Flathead County residence.
Law enforcement recovered more than 5,200 rounds of coordinating ammunition at WILSON's Flathead County residence. The types of ammunition recovered include shotgun shells, .45 caliber ammunition, 9mm ammunition, 7.62 x 39 ammunition, .223 caliber ammunition, .300 win mag ammunition, .22 caliber ammunition, and .357 caliber ammunition. There were more than 3,300 rounds of the 7.62 x 39 and the .223 caliber ammunition. Law enforcement also recovered three, 30-round .223 magazines and three, AK 7.62 x 39, 30-round magazines.
During this time and before, WILSON regularly used marijuana and cocaine. Witnesses reported to law enforcement that WILSON regularly sold and used these substances.
WILSON faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was a cooperative effort between the Northwest Drug Task Force and the U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).
George Theodore Sutherland Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on November 7, 2013, before U.S. Magistrate Judge Keith Strong. GEORGE THEODORE SUTHERLAND, a 21-year-old resident of Box Elder and an enrolled member of the Chippewa Cree Indian Tribe, pled guilty to assault resulting in serious bodily injury. Sentencing has been set for February 7, 2014. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Danna R. Jackson, the government stated it would have proved at trial the following:
On April 3, 2012, within the exterior boundaries of the Rocky Boy(s Indian Reservation, SUTHERLAND chased the victim down a road, intentionally kicking her and 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.
SUTHERLAND faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by the Federal Bureau of Investigation.
Cameron T. Jones Pleads Guilty and Sentenced in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on October 31, 2013, before U.S. Magistrate Judge Keith Strong, CAMERON T. JONES, a 22-year-old resident of Bethel, Connecticut, pled guilty and was sentenced to a term of:
- ison: 30 days with 30 days suspended
- ecial Assessment: $15
- ne: $2,500
JONES was sentenced in connection with his guilty plea to.theft of government property.
In an Offer of Proof filed by Special Assistant U.S. Attorney David Dayton and Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
In September 2012, JONES was enlisted in the United States Air Force where he worked as a member of the Security Forces on Malmstrom Air Force Base (MAFB). In an interview with law enforcement, JONES admitted to taking an Advanced Combat Optic Gunsight (ACOG) valued at under $1,000 from MAFB. JONES stated he knew where the ACOG was located because he had moved furniture into the room where it was located the previous month. JONES admitted he drove to Walmart where he purchased bolt cutters. He then drove to the building housing the ACOG and cut the lock from the storage locker with the bolt cutters and took the ACOG.
The stolen government property in this case came to law enforcement's attention in November 2012, after it was discovered the ACOG was missing and a witness overheard someone mention their friend had taken the ACOG. During the course of the investigation, law enforcement located a witness/co-conspirator who admitted to driving JONES to Walmart and disclosed that JONES told him about his plan to take the government property.
After admitting to taking the government property, JONES returned an ACOG by mail, and it was positively identified as the ACOG he stole.
The investigation was conducted by the U.S. Air Force Office of Special Investigation.
Athaliah Venus Allison 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 November 1, 2013, before U.S. District Sam E. Haddon, ATHALIAH VENUS ALLISON, a 36-year-old resident of Belgrade, was sentenced to a term of:
- ison: 56 months
- ecial Assessment: $300
- stitution: $388,755.33
- pervised Release: 3 years
ALLISON was sentenced in connection with her guilty plea to (2) counts of wire fraud and (1) count of aggravated identity theft.
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:
ALLISON was the bookkeeper for Big Sky Asphalt in Bozeman from the summer of 2008 through the summer of 2012. Her work was predominantly seasonal and there were periods of time when she was employed essentially 40 hours per week and other periods where she was employed fewer than 40 hours per week, if at all.
In approximately July 2008, ALLISON began embezzling from the company by writing and signing unauthorized company checks to herself and to other entities and making unauthorized credit card purchases using the US Bank company credit card. The loss to Big Sky Asphalt is approximately $318,166.04 ($68,503.81 in check fraud and $249,662.23 in credit card fraud).
The owners of Big Sky Asphalt found out about the embezzlement when ALLISON confessed around Labor Day 2012 that she had used the company credit card to pay for her husband's substance abuse treatment in Billings. ALLISON was very upset and agreed to pay back the $6,700 charge. Later that same week, ALLISON called the wife of one of the owners of Big Sky Asphalt and told her that the credit card was due and the balance was $3,426. The owner's wife called US Bank directly to pay over the phone and was informed that the balance was $10,777, so she went to ALLISON's house to get the statement and noticed that it said $3,426. Based on the discrepancy, the owner's wife ordered transaction histories for the US Bank account dating back to December 2008.
The owner's wife audited the credit card statements and discovered $249,662.23 in unauthorized purchases, including $39,544.11 to Blanchford Landscaping. Additional investigation revealed that ALLISON approached the owner of Blanchford Landscaping, for whom she also worked as bookkeeper, in approximately July 2011 and offered to pay the company's bills with a low-interest, high-limit credit account, which turned out to be Big Sky Asphalt's US Bank credit card.
ALLISON also wrote checks to herself on Big Sky Asphalt's bank account totaling $193,303.81. Even a generous estimate of her actual wages reveals an overpayment of $68,503.81, yielding an approximate total loss amount of $318,166.04 for both the credit card and check fraud. The checks that ALLISON wrote to herself were often for "reimbursable expenses." The checks also required the signatures of both of the owners of Big Sky Asphalt (J.S. and D.S.), which ALLISON forged. The forgery on October 22, 2008, in connection with ALLISON's negotiation of check number 27462, forms the basis of the identity theft charge in Count III of the Information.
ALLISON changed the address for the US Bank statements without permission, rerouting them to her personal residence. She also had the various accounts combined into one monthly summary. Once she controlled the statements she altered them by digitally removing the unauthorized charges and adding those amounts onto authorized expenditures for purchases made by Big Sky Asphalt's owners. She then removed her personal address from the bill, replaced it with the company address, and made the statements available to the owners for their review.
ALLISON used Big Sky Asphalt's credit card to pay Blanchford Landscaping's bills and then reimbursed herself from Blanchford's checking account. It appears that she charged $39,544.11 in Blanchford bills to the Big Sky Asphalt card.
ALLISON also opened a Staples Citibank account in 2008 in Big Sky Asphalt's name and charged $1,311.90 in expenses to places such as Macy's, Nordstrom, Aeropostale, American Eagle, Babies 'R Us, and Kohls.
From May 2009 through April 2012, during the same time period that she was embezzling from Big Sky Asphalt, ALLISON was also receiving unemployment benefits from the State of Montana. In June 2009, ALLISON reported to the State that she worked four hours and made $66. That same month, Big Sky Asphalt paid ALLISON $1,072 in wages for 80 hours of work. In August 2009, she reported 12 hours and $180 to the State, but made $2,278 working 181 hours (including overtime) for Big Sky Asphalt.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ALLISON will likely serve all of the time imposed by the court. In the federal system, ALLISON 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 Bozeman Police Department.
Benjamin Quinn McChesney and Lloyd John Romero 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 October 30, 2013, before Senior U.S. District Judge Wm. Fremming Nielsen, BENJAMIN QUINN McCHESNEY, age 36, and LLOYD JOHN ROMERO, age 29, were sentenced.
McCHESNEY was sentenced after having been found guilty of theft of firearms for a licensed dealer, theft of firearms in interstate commerce, and possession of stolen firearms, to a term of:
- ison: 120 months on each count, to run concurrently
- ecial Assessment: $300
- stitution: $40,076.38
- pervised Release: 3 years
ROMERO was sentenced after having been found guilty of possession of stolen firearms and being a felon-in-possession of firearms, to a term of:
- ison: 120 months on each count, to run concurrently
- ecial Assessment: $200
- pervised Release: 3 years
Special Assistant U.S. Attorney Ed Zink prosecuted the case for the United States.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that they 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.
MacKenzie Richard Keene Joiner and Austin Leo Timothy Hagman 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 October 30, 2013, before Chief U.S. District Judge Dana L. Christensen, MACKENZIE RICHARD KEENE JOINER, age 29, and AUSTIN LEO TIMOTHY HAGMAN, age 23, residents of Missoula, were each sentenced.
JOINER was sentenced to the following term:
- ison: 46 months
- ecial Assessment: $100
- pervised Release: 4 years
HAGMAN was sentenced to the following term:
- ison: 36 months
- ecial Assessment: $100
- pervised Release: 4 years
They were sentenced in connection with their guilty pleas to conspiracy to distribute cocaine.
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, the defendants 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 further have 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, he 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.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on October 30, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individual was arraigned:
SAMUEL DAVIS EVERSON, III, a 47-year-old resident of Minot, North Dakota, appeared on charges of conspiracy to possess with the intent to distribute methamphetamine, possession with the intent to distribute methamphetamine, and (2) counts of distribution of methamphetamine. He is currently detained. If convicted of these charges, EVERSON faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $10,000,000 fine, and 5 years supervised release on each of the first two charges; and possible penalties of 20 years in prison, a $1,000,000 fine, and 3 years supervised release on each count of the last charge. Assistant U.S. Attorneys Joseph E. Thaggard and Brendan P. McCarthy are the prosecutors for the United States.
The defendant pled not guilty to the charges.
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. Marshal's 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, and the Idaho State Police.
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 October 29, 2013, before U.S. Magistrate Judge Keith Strong, the following individual was arraigned:
GEORGE THEODORE SUTHERLAND, a 20-year-old resident of Box Elder, appeared on a charge of assault resulting in serious bodily injury. He is currently detained. If convicted of this charge, SUTHERLAND faces possible penalties of 10 years in prison, a $250,000 fine, and 3 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.
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.
Donald Leroy Rickards 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 October 30, 2013, before Chief U.S. District Judge Dana L. Christensen, DONALD LEROY RICKARDS, a 49-year-old resident of Kelson, Washington, was sentenced to a term of:
- ison: 48 months
- ecial Assessment: $100
- pervised Release: 5 years
RICKARDS was sentenced in connection with his 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 Sylvia Canales-Pierson. 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 Canales-Pierson pled guilty to federal charges.
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, he 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 Drug Enforcement Administration.
William Lawrence Barrow 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 October 28, 2013, before U.S. District Judge Sam E. Haddon, WILLIAM LAWRENCE BARROW, a 40-year-old resident of Clearfield, Utah, was sentenced to a term of:
- ison: 172 months
- ecial Assessment: $100
- pervised Release: 5 years
BARROW was sentenced in connection with his guilty plea to conspiracy to possess with intent to distribute heroin and methamphetamine.
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:
On January 10, 2013, a Montana Highway Patrol (MHP) Trooper observed a vehicle on Interstate 94 near Glendive that failed to have visible registration tags. The Trooper approached the passenger side window of the vehicle and detected the odor of raw marijuana coming from within the suspect vehicle. The driver of the vehicle was identified as R.B. The passenger of the vehicle was identified as M.C.
The Trooper was given permission to search the vehicle by the registered owner, M.C. During the search, the Trooper discovered a backpack inside the vehicle. M.C. advised the backpack did not belong to him. Likewise, R.B. also denied owning the backpack. In the backpack law enforcement found numerous items of drug paraphernalia such as tin foil, a torch, numerous small plastic baggies, and a locked box. Inside the locked box there were two bags containing powdery substances. One bag field tested positive for heroin and weighed approximately 2 ounces. The second bag field tested positive for methamphetamine and weighted approximately 1.5 ounces.
The investigation revealed that R.B. and M.C. drove from Dickinson, North Dakota, to Billings on January 9, 2013. They stayed at a local motel in Billings and while at the motel, R.B. went to another room and stayed for about 2 hours. R.B. was meeting with his source of supply for methamphetamine and heroin. It was believed the male source of supply was still staying at the motel in Billings. R.B. and M.C. had previously traveled to Billings just before New Years Day, 2013, to pick up more drugs from the same source of supply.
Law enforcement returned to the motel in Billings and discovered the source of supply, BARROW, was still staying at the motel.
Agents obtained a search warrant for the motel room. Just prior to executing the search warrant agents noticed BARROW and the female with him were packing up their car and preparing to leave the motel. Agents detained BARROW and the female passenger until a K9 Officer was able to arrive and conduct an exterior sniff test of the vehicle BARROW was driving. The K9 alerted on the vehicle.
The car and the motel room were searched by law enforcement. Agents found syringes, plastic baggies, two computers, four cellular phones - which contained several text messages between BARROW and R.B. - a leather notebook with drug ledger, a flash drive, and a false bottom Arizona Iced tea can.
BARROW was detained at the Billings DEA Office. Agents seized $2,503.22 from BARROW's person along with approximately three (3) ounces of heroin wrapped in a plastic bag.
Further investigation revealed that BARROW was R.B.'s main drug connection out of Utah. BARROW had historical distributed at least 100 grams of methamphetamine and 100 grams of heroin to R.B. during the course of the conspiracy.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BARROW will likely serve all of the time imposed by the court. In the federal system, BARROW does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
Today's sentencing 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. Marshal's 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, and the Idaho State Police.
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 October 29, 2013, before U.S. Magistrate Judge Keith Strong, the following individuals were arraigned:
GEORGE THEODORE SUTHERLAND, a 20-year-old resident of Box Elder, appeared on a charge of assault resulting in serious bodily injury. He is currently detained. If convicted of this charge, he faces possible penalties of 10 years in prison, a $250,000 fine, and 3 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.
HAILEY LEE BELCOURT, age 35, and TONY JAMES BELCOURT, age 41, residents of Box Elder, and SHAD JAMES HUSTON, a 37-year-old resident of Havre, appeared on charges of conspiracy to embezzle/convert federal money, theft involving a federally funded program, and accepting bribes. They are currently released on special conditions. If convicted of these charges, they each face possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release on multiple counts of the above charges. Assistant U.S. Attorney Carl E. Rostad is the prosecutor for the United States. The investigation was conducted by a team of agents and auditors working with the U.S. Attorney's Guardians Project, including the Office of Inspector General for the Department of Interior, the Federal Bureau of Investigation, and the Criminal Investigation Division of the Internal Revenue Service.
K & N CONSULTING, LLC and TMP SERVICES, LLC, of Havre, appeared on charges of conspiracy to embezzle/convert federal money, theft involving a federally funded program, and giving bribes. If convicted of these charges, they each face possible penalties of a $500,000 fine on each charge. Assistant U.S. Attorney Carl E. Rostad is the prosecutor for the United States. The investigation was conducted by a team of agents and auditors working with the U.S. Attorney's Guardians Project, including the Office of Inspector General for the Department of Interior, the Federal Bureau of Investigation, and the Criminal Investigation Division of the Internal Revenue Service.
TONY JAMES BELCOURT, age 41, and HUNTER BURNS, age 48, residents of Box Elder, and JAMES HOWARD EASTLICK, JR., a resident of Havre, appeared on charges of false claims conspiracy, false claim against a federally funded project, and theft from an Indian tribal organization receiving federal funds. They are currently released on special conditions. If convicted of these charges, they each face possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release on multiple counts of the above charges. Assistant U.S. Attorney Carl E. Rostad is the prosecutor for the United States. The investigation was conducted by a team of agents and auditors working with the U.S. Attorney's Guardians Project, including the Office of Inspector General for the Department of Interior, the Federal Bureau of Investigation, and the Criminal Investigation Division of the Internal Revenue Service.
HUNTER BURNS CONSTRUCTION, LLC, of Havre, appeared on charges of false claims conspiracy, false claim against a federally funded project, and theft from an Indian tribal organization receiving federal funds. If convicted of these charges, the company faces possible penalties of a $500,000 fine on each charge. Assistant U.S. Attorney Carl E. Rostad is the prosecutor for the United States. The investigation was conducted by a team of agents and auditors working with the U.S. Attorney's Guardians Project, including the Office of Inspector General for the Department of Interior, the Federal Bureau of Investigation, and the Criminal Investigation Division of the Internal Revenue Service.
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.
Chauncey Leo Elk Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on October 29, 2013, before U.S. Magistrate Judge Keith Strong, CHAUNCEY LEO ELK, a 24-year-old resident of Poplar, pled guilty to false statement during a firearms transaction. Sentencing has been set for January 14, 2013. He is currently released on special conditions.
In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:
On April 3, 2013, ELK made a false statement on an ATF Form 4473 during his attempt to purchase a Marlin .22 caliber rifle in Wolf Point at the Swap Shop. At that time, ELK was under prosecution and previously appeared on a federal indictment charging him with firearms offenses - one felony and one misdemeanor - straw purchase and transfer of a handgun to a juvenile.
ELK personally appeared before Magistrate Strong on March 12, 2013, in Great Falls. Magistrate Strong warned ELK that
The Swap Shop maintains a federal firearms license to deal in firearms. The Swap Shop's federal firearms license was
April 3, 2013. As a federal firearms licensee, the Swap Shop is required to maintain the ATF Form
When ELK filled out the ATF Form 4473 on April 3, 2013, at the Swap Shop, ELK checked that he was not under
Swap Shop to believe that the Marlin .22 caliber rifle could be lawfully
ELK.
ELK faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by the Federal Bureau of Investigation.
Irene Paster and Yolanda Paster Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Butte, on October 25, 2013, before U.S. District Judge Sam E. Haddon, IRENE PASTER, age 65, and YOLANDA PASTER, age 40, residents of Big Sky, were each sentenced to a term of:
Prison: 10 months
Special Assessment: $25
Supervised Release: 1 year
In addition, YOLANDA PASTER was fined $3,000.
They were sentenced in connection with their guilty pleas to willful failure to file a tax return.
In an Offer of Proof filed by Assistant U.S. Attorney Chad C. Spraker, the government stated it would have proved at trial the following:
A married person filing a joint return must file a tax return if his or her income exceeds $18,700 in gross income for the 2009 calendar year. During the 2009 calendar year, IRENE PASTER and her spouse had gross income totaling $91,322.
IRENE filed an extension of time to file an IRS Form 1040 for the 2009 tax year, which created an extension date of October 15, 2010. IRENE however, willfully failed to file a 2009 return on or before October 15, 2010.
An unmarried person, who is not a surviving spouse or head of household, must file a tax return if his or her income exceeds $9,350 in gross income for the 2009 calendar year. During the 2009 calendar year, YOLANDA PASTER, Irene(s daughter, had a gross income totaling $60,413.
YOLANDA filed an extension of time to file an IRS Form 1040 for the 2009 tax year, which created an extension date of October 15, 2010. YOLANDA, however, willfully failed to file a 2009 return on or before October 15, 2010.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that they 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 a cooperative effort between the Federal Bureau of Investigation, the Criminal Investigation Division of the Internal Revenue Service, and the U.S. Secret Service.
Shawn Anthony Fernandez 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 October 25, 2013, before U.S. District Judge Sam E. Haddon, SHAWN ANTHONY FERNANDEZ, a 49-year-old resident of Butte, was sentenced to a term of:
- ison: 48 months
- ecial Assessment: $100
- pervised Release: 5 years
FERNANDEZ was sentenced in connection with his guilty plea to conspiracy to possess with the intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:
From approximately December 2011 until approximately July 2012, FERNANDEZ and others possessed with the intent to distribute methamphetamine in Butte and other places in Montana. The methamphetamine came from Las Vegas for distribution in the Butte area.
FERNANDEZ was arrested by law enforcement on July 29, 2012, with approximately 110 grams of pure methamphetamine in the trunk of his vehicle and hidden in the bottom of a cereal box.
FERNANDEZ admitted to this conduct when interviewed by law enforcement. This information was confirmed through the interview of other witnesses. Money Gram records also confirmed FERNANDEZ's admissions.
A laboratory analysis confirmed the presence of methamphetamine that was confiscated by law enforcement during their investigation.
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, he 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 U.S. Department of Homeland Security - Homeland Security Investigations, the Butte-Silver Bow Law Enforcement, and the Drug Enforcement Administration Lab.
Joshua Hampton Murphy Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Butte, on October 25, 2013, before U.S. District Judge Sam E. Haddon, JOSHUA HAMPTON MURPHY, a 29-year-old resident of Flint, Michigan, was sentenced to a term of:
- ison: 120 months
- ecial Assessment: $100
- pervised Release: 8 years
MURPHY was sentenced in connection with his guilty plea to conspiracy to distribute 100 or more grams of heroin.
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 2012, law enforcement officers received information that Blair Clymer was selling prescription pills in the Bozeman area.
In October 2012, they received information that she was selling heroin.
On December 2, 2012, an anonymous male advised the Bozeman Police Department that Clymer was selling heroin in Bozeman. The man misspelled Clymer's name, but provided a physical description and said that Clymer was originally from Michigan. The man said he was providing information because Clymer got his friend addicted to heroin.
During the week of December 10, 2012, a DEA agent in Flint, Michigan told a detective with the Missouri River Drug Task Force (MRDTF) he had learned that Clymer had been receiving shipments of heroin in Montana from a man in Michigan named Joshua Hampton Murphy.
On January 4, 2013, the DEA agent located two USPS shipping labels from the post office in Flint, Michigan, which indicated packages were sent to Clymer on December 27, 2012.
On January 9, 2013, MRDTF made a controlled purchase of five "points" of heroin from Clymer for $350. The heroin received from Clymer was packaged in individual "jeweler's" style bags with batman symbols on them. The bags, including the heroin, weighed approximately one gram.
On January 17, 2013, the DEA in Flint, Michigan intercepted a package intended for Clymer. During a subsequent search, law enforcement officers discovered the package contained a bubble-wrapped jar of peanut butter and the seal on the peanut butter had been broken. Inside the jar they located three separate plastic bags. Two of the bags contained what the DEA listed as "pharmaceutical controlled substances" and one package contained 90 gross grams of heroin.
After reviewing surveillance video from the post office in Flint, Michigan, the DEA was able to see that the package had been shipped by a person believed to be MURPHY. The tracking number for the package was EH807537175US. Law enforcement eventually discovered a series of text messages between MURPHY and Clymer on January 19, 2013, during which MURPHY provided Clymer with that tracking number.
On January 25, 2013, Clymer contacted a U.S. Postal Inspector to inquire as to the whereabouts of the package that was intercepted by the DEA in Michigan on January 17.
On January 29, 2013, MRDTF agents made a controlled purchase of five points of heroin from Clymer for $350. The heroin received from Clymer was packaged in individual baggies. The baggies and the heroin had a combined weight of 0.8 grams.
On February 1, 2013, MRDTF agents made another controlled purchase of heroin from Clymer. During that transaction, a confidential informant paid Clymer $400 and received seven points of heroin in baggies that had a Nike "Swoosh" and Batman symbols on them. The total weight of the seven bags and the heroin was 1.1 grams. During this controlled purchase MURPHY was identified as being with Clymer.
On February 7, 2013, the DEA in Michigan informed the MRDTF that the U.S. Postal Inspector in Michigan had identified another package being sent to a salon in Bozeman, from a person believed to be MURPHY. The DEA and a postal inspector searched the package pursuant to a search warrant and found that it contained a peanut butter jar with approximately 45 grams of heroin, among other items. This package was sent to the Postal Inspector in Montana who assisted the MRDTF with a controlled delivery of the package on February 9, 2013. A search of Clymer's cell phone on February 27, 2013, included a text conversation between Clymer and MURPHY where Clymer provided MURPHY the "To" and "From" addresses to be used for the package. MURPHY later provided the tracking number for the package of EG937161986US, which was the same number on the package received by the Postal Inspector for the controlled delivery.
On February 9, 2013, the MRDTF performed a controlled delivery of the package sent by MURPHY to the salon. During the controlled delivery, both the addressee and Clymer were present in the business. Clymer was found to be in possession of 12 individual jewelry-style baggies containing heroin that weighed a total of 2.9 grams.
Additional investigation revealed that Clymer used Money Gram to send money to MURPHY. Records were subpoenaed and analyzed. From August 29, 2012 to January 30, 2013, Clymer sent approximately $9,700 from Montana to MURPHY in Michigan.
On May 23, 2013, law enforcement officers in Michigan arrested MURPHY for his involvement in the conspiracy in this case. After he was arrested, MURPHY admitted that he had been sending heroin to Clymer in Montana.
Clymer pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MURPHY will likely serve all of the time imposed by the court. In the federal system, MURPHY 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 Missouri River Drug Task Force, the Drug Enforcement Administration in Michigan, and the U.S. Postal Inspection Service.
Jonathan W. Walker 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 October 24, 2013, before U.S. District Judge Sam E. Haddon, JONATHAN W. WALKER, a 29-year-old resident of Billings, was sentenced to a term of:
- ison: 24 months
- ecial Assessment: $200
- pervised Release: 3 years
WALKER was sentenced in connection with his guilty plea to (2) counts of possession of stolen firearms.
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:
In May of 2012, a resident of Billings (L.L.) reported to the police that several items, including numerous firearms, were stolen from his home while his was out of the country for work. At a local pawn shop, L.L. recognized some of his stolen property. The store's records showed that WALKER had sold the items to the store. The store's records further revealed that WALKER had pawned about ninety items in a one to two week period. One of the items WALKER pawned was an Interarms, model Virginia Dragoon, .44 magnum revolver, which was one of the firearms L.L. reported missing.
On November 8, 2012, there was a report of numerous burglaries at a storage facility in Billings. One individual, J.O. reported that two of his firearms were stolen, including a Mossberg pump action, wood stock shotgun.
On November 18, 2012, Billings resident J.K. reported that sometime between November 17th and 18th someone broke into his vehicle and stole numerous items including a Savage Model 16 caliber .300 rifle.
On January 3, 2013, a detective with the Billings Police Department went to a store as part of his investigation into numerous burglaries in Billings. An employee informed the detective that a couple months prior he had bought two firearms from WALKER. He stated that he personally purchased the firearms and it was not related to the store where he was employed. The employee first purchased a Savage Model 16 caliber .300 rifle. Two weeks later, he purchased a Mossberg .12 gauge shotgun.
The employee stated that WALKER sold the firearms out of a U-Haul truck. When the employee purchased the firearms, he also saw many other items such as books, dolls, and couches in the U-Haul.
Detectives continued to investigate a string a burglaries at the storage facility. They learned that during the time period that the burglaries allegedly occurred, the passcode of one renter, B.C., was used numerous times to enter the facility. Detectives then spoke with B.C. and she stated that a man who lived in her apartment complex, T.B., had offered to clear out the items from her storage unit.
Detectives then spoke with T.B. T.B. admitted to using B.C.(s password to gain entry into the facility. He and two other people, WALKER and A.L., would steal items from other peoples' storage units. T.B. said that WALKER would cut the locks and then they would steal the items. WALKER and A.L. would use a U-Haul truck to load the stolen items. WALKER also rented his own unit at the facility, and they would keep the stolen items there before transporting them to a different location.
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, he 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 and the Billings Police Department.
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 October 24, 2013, before U.S. Magistrate Judge Keith Strong, the following individuals were arraigned:
SHANE HIAWATHA DENNY, a 37-year-old resident of Box Elder, appeared on charges of assault with intent to commit murder, assault with a dangerous weapon, and assault resulting in serious bodily injury. He is currently detained. If convicted of these charges, DENNY faces possible penalties of 20 years in prison, a $250,000 fine, and 3 years supervised release on the first charge; and 10 years in prison, a $250,000 fine, and 3 years supervised release on each of the last two charges. Assistant U.S. Attorney Danna R. Jackson is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
TYLER LEE BALIBARDIN, a 21-year-old resident of Tacoma, Washington, appeared on (3) charges of sexual abuse of a minor. He is currently released on special conditions. If convicted of these charges, BALIBARDIN faces possible penalties of 15 years in prison, a $250,000 fine, and lifetime supervision 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.
GUILLERMO QUINTERO REGINO, a 43-year-old resident of San Diego, California, appeared on charges of conspiracy to distribute cocaine and conspiracy to distribute heroin. He is currently detained. If convicted of these charges, REGINO faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $10,000,000 fine, and 5 years supervised release on each charge. Assistant U.S. Attorney Tara J. Elliott is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
MICHAEL NOLEMANA LOPES, age 27, and LAURA LYNN SEVERANCE, age 26, residents of Helena, each appeared on charges of conspiracy to possess with the intent to distribute methamphetamine, possession with the intent to distribute methamphetamine, and possession of a firearm in furtherance of a drug-trafficking crime. They are currently detained. If convicted of these charges, they each face possible penalties of a mandatory minimum of 5 years in prison and could be sentenced to 40 years, a $5,000,000 fine, and 4 years supervised release on each of the first (2) charges. In addition, they each face an additional mandatory minimum of 5 years in prison, consecutive to any other sentence, for the possession of a firearm in furtherance of a drug-trafficking crime. Assistant U.S. Attorney Michael S. Lahr is the prosecutor for the United States. The investigation was conducted by the Drug Task Force.
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 Initial AppearancesRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on October 25, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individuals were arraigned:
CHARLES JOSEPH WALKS, a 29-year-old resident of Crow Agency, appeared on a charge of assault on a federal officer. He is currently detained. If convicted of this charge, WALKS faces possible penalties of 20 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Lori Harper Suek is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
GEORGE MORRIS PARISIAN, age 50, and TAMMIE MARIE PARISIAN, age 49, residents of Shepherd, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, and money laundering. They are currently detained. If convicted of these charges, they each face possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $4,000,000 fine, and 5 years supervised release on each of the first (2) charges; and 20 years in prison, a $500,000 fine, and 3 years supervised release on the last charge. Assistant U.S. Attorney Lori Harper Suek is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation Drug Task Force.
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 Initial AppearancesRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on October 24, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, the following individuals were arraigned:
BARBARA SWEENEY, a 62-year-old resident of Noxon, appeared on a charge of theft of government funds. She is currently released on special conditions. If convicted of this charge, SWEENEY faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Chad C. Spraker is the prosecutor for the United States. The investigation was conducted by the Social Security Administration - Office of Inspector General.
AMBER TYLER, a 31-year-old resident of Missoula, appeared on a charge of theft of government funds. She is currently released on special conditions. If convicted of this charge, TYLER faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Chad C. Spraker is the prosecutor for the United States. The investigation was conducted by the U.S. Department of Health and Human Services - Office of Inspector General.
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 October 18, 2013, before Chief U.S. District Judge Dana L. Christensen, the following individual was arraigned:
JAMES ZANDER, a 62-year-old resident of Great Falls, appeared on charges of attempt to evade or defeat income tax and corrupt endeavor to obstruct or impede the due administration of the Internal Revenue laws. He is currently released on special conditions. If convicted of these charges, ZANDER faces possible penalties of 5 years in prison, a $250,000 fine, and 3 years supervised release on the first charge; and 3 years in prison, a $250,000 fine, and 3 years supervised release on the second charge. Assistant U.S. Attorney Chad C. Spraker is the prosecutor for the United States. The investigation was conducted by the Criminal Investigation Division of the Internal Revenue Service.
The defendant 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 October 22, 2013, before Chief U.S. District Judge Dana L. Christensen, the following individual was arraigned:
GARCIA DURAN, a 35-year-old resident of Box Elder, appeared on charges of theft from an Indian Tribal organization. He is currently released on special conditions. If convicted of these charges, DURAN faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Chad C. Spraker is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
The defendant 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 October 21, 2013, before U.S. Magistrate Judge Keith Strong, the following individual was arraigned:
ROBERT JAMES SCHEAFFER, JR., a 49-year-old resident of Harlem, appeared on a charge of sexual abuse of a minor. He is currently detained. If convicted of this charge, SCHEAFFER faces possible penalties of 15 years in prison, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Jessica A. Betley is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation/
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.
Heather Lynn Stiltner 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 October 23, 2013, before U.S. District Judge Sam E. Haddon, HEATHER LYNN STILTNER, a 35-year-old resident of Billings, was sentenced to a term of:
- ison: 136 months
- ecial Assessment: $100
- rfeiture: firearms
- pervised Release: 5 years
STILTNER was sentenced in connection with her guilty plea to possession with intent to distribute methamphetamine.
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 October 5, 2012, employees from the UPS store in Billings flagged a suspicious package that was to be sent from Billings to Phoenix, Arizona. The package was intercepted at the UPS freight office on South 20th Street in Billings by a UPS investigator. The UPS investigator received consent from the store owner to open the package, and the package contained $11,000 in cash. The shipper of the package listed her address as a Billings address.
The investigator also discovered that since June of 2012 there were fifteen packages sent from the Billings address to the Phoenix address and fifteen packages sent from Phoenix to addresses in Billings. The investigator notified the Billings Police Department about the package. A Billings Police officer responded to the scene and a canine sniff test was performed. The canine positively identified the presence of narcotics.
On October 31, 2012, detectives spoke with the owner of the UPS store. The owner stated that one week earlier a woman came into the store inquiring about the package. The owner took a photo on his cell phone of the license plate on the car the woman was driving. The detectives then found that the vehicle was registered to STILTNER. The detectives obtained a photo of STILTNER and showed it to the UPS store employee. The employee identified STILTNER as the person who sent the suspicious package.
On November 2, 2013, detectives executed the search warrant for STILTNER's residence in Billings. Detectives found the following items during the search: a torch, 9mm ammunition, a digital scale, a safe, ammunition inside the safe, two cell phones with numerous text messages that appear to be related to drug distribution, $3,700 in U.S. currency, a crystalline substance in a plastic bag, a Bersa handgun B7449 under the mattress, a Pink Lady Revolver under the mattress, a pink piece of paper with the Phoenix address on it, a rifle and magazine inside a black gun case, and additional plastic bags with crystal substance.
The total amount of methamphetamine seized from STILTNER's residence was 306.49 grams. The methamphetamine was subsequently sent to the DEA laboratory for testing, and the results revealed that the total amount of actual (pure) methamphetamine was 253 grams.
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.
Edna Cuts the Rope 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 October 24, 2013, before U.S. District Judge Sam E. Haddon, EDNA CUTS THE ROPE, a 34-year-old resident of Billings, was sentenced to a term of:
- ison: 76 months
- ecial Assessment: $100
- pervised Release: 5 years
CUTS THE ROPE was sentenced in connection with her guilty plea to possession with the intent to distribute methamphetamine.
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:
In October of 2010, the FBI Safe Streets Task Force (BSSSTF) received information about a large scale methamphetamine distribution organization operating in Yellowstone County.
In the spring of 2011, law enforcement began performing electronic surveillance on Carlos Menjivar, an individual living in Billings. Investigators discovered that Menjivar, Dawn Marie Menjivar, and Armando Hernandez-Vaca began supplying the larger methamphetamine organization in late 2010 with methamphetamine after the prior source of supply had a run in with law enforcement. During the investigation law enforcement learned that Armando Hernandez-Vaca delivered methamphetamine to Carlos Menjivar, his co-conspirator, Dawn Marie Menjivar, and several other individuals from approximately April 2011 to October 2011. Hernandez-Vaca regularly transported two to three pounds of methamphetamine per trip during his involvement in the conspiracy.
In approximately July of 2011, Carlos Menjivar was incarcerated on non-drug related charges. Dawn Marie Menjivar took over the distribution of methamphetamine and collection of money for the organization.
As the investigation developed, agents began purchasing methamphetamine from an individual in Billings. The individual introduced the undercover agents to his source of supply, CUTS THE ROPE. CUTS THE ROPE was known to investigators as a methamphetamine distributor who at one time received methamphetamine from Micah Waltenbaugh. Agents had also heard from individuals on the street, as well as informants, that Waltenbaugh was distributing methamphetamine, with his source of supply Carlos Menjivar. This same information was confirmed through jail house phone calls between the Menjivars. CUTS THE ROPE then began distributing methamphetamine directly to the individual in quantities ranging from "eight balls" to half-ounces at a time.
The individual in Billings was later signed up as an FBI Confidential Human Source (CHS), and continued to make methamphetamine purchases directly from CUTS THE ROPE. In all, the CHS purchased a total of 53.3 grams of methamphetamine from CUTS THE ROPE. CUTS THE ROPE also enlisted the CHS for rides to purchase plastic baggies, cutting agents, as well as to pay debts to her source of supply and to get more methamphetamine from her source.
In July of 2011, CUTS THE ROPE's source of supply for methamphetamine was identified as Armando Hernandez-Vaca. Agents watched CUTS THE ROPE meet with Hernandez-Vaca to obtain methamphetamine, which the agents then purchased from CUTS THE ROPE.
From July 2011, and continuing thereafter until late January 2012, CUTS THE ROPE possessed with the intent to distribute at least 500 grams of a substance containing a detectable amount of methamphetamine, including the 53.3 grams she sold directly to the CHS.
Carlos and Dawn Menjivar, Hernandez-Vaca, and Waltenbaugh pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that CUTS THE ROPE will likely serve all of the time imposed by the court. In the federal system, CUTS THE ROPE 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 Billings Big Sky Safe Streets Task Force.
Tony Ray Many Guns 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 October 21, 2013, before Chief U.S. District Judge Dana L. Christensen, TONY RAY MANY GUNS, a 36-year-old resident of Browning and an enrolled member of the Blackfeet Tribe, was sentenced to a term of:
- ison: 30 months
- ecial Assessment: $100
- pervised Release: 3 years
MANY GUNS 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 Ryan G. Weldon, the government stated it would have proved at trial the following:
On February 28, 2013, MANY GUNS' wife was sleeping at a friend's home in Browning, which is within the exterior boundaries of the Blackfeet Indian Reservation. At approximately 2:00 a.m., MANY GUNS showed up at the residence after drinking "downtown." He knocked on the bedroom window so that his wife would let him inside, but she did not open the window. MANY GUNS instead entered the house through the front door and was angry that his wife failed to aid in his entrance. While they were both in bed, MANY GUNS began to hit his wife by striking her in the mouth and in the cheek with a closed fist. The victim started to return blows but soon rolled onto her stomach and buried her face in the mattress in an effort to protect herself.
MANY GUNS continued to hit the victim and eventually stuck her index finger in his mouth and bit down "as hard as he could." In an effort to get MANY GUNS to release her finger, the victim used her left hand to dig into MANY GUNS' eye. MANY GUNS let go and then used both of his hands to strangle the victim. The victim recalled making gasping and choking noises and began to pray out loud. MANY GUNS said, "You better pray."
The physical altercation stopped for a short time, and MANY GUNS told the victim that he wanted something to eat. He mad the victim go with him. Once in the kitchen, the victim said something that angered him. MANY GUNS responded by slamming her into the wall near the refrigerator. He then grabbed the victim around the neck and strangled her until she lost consciousness. The victim did not know how long she was unconscious, but when she regained consciousness, MANY GUNS was holding her up by her arms in the same spot. She reached out and pushed at MANY GUNS and slapped him in the face. MANY GUNS returned fire, using a closed fist to strike her in the mouth, which caused bleeding. MANY GUNS gave the victim a towel and said, "Don't bleed on my floor."
The next day, the victim soaked her finger in an attempt to prevent infection. The victim eventually told him, "It felt like you were [going] [to] bite my finger off." MANY GUNS responded, "I was trying to." He then told her that she should not try to fight back.
The victim went to the hospital because her finger became infected and she was unable to move it. The injury to the victim's finger was extremely painful. She received Lortab, which is a narcotic drug, for the pain and was required to go through IV therapy.
On March 4, 2013, MANY GUNS was interviewed about the victim's finger. MANY GUNS initially said that he did not remember anything happening to the victim's finger. After further questioning, MANY GUNS eventually recalled that the victim was upset and yelled that she hated him. While trying to get the victim to calm down, MANY GUNS stated that the victim reached forward and pressed a finger into his eyes. MANY GUNS claimed that was when he bit her finger. MANY GUNS acknowledged that he bit the victim's finger for one minute and remembered that she was screaming, crying, and bleeding profusely.
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, he 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 Bureau of Indian Affairs.
Thomas Mark Marceau 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 October 22, 2013, before Chief U.S. District Judge Dana L. Christensen, THOMAS MARK MARCEAU, a 28-year-old resident of Browning and an enrolled member of the Blackfeet Tribe, was sentenced to a term of:
- ison: 48 months
- ecial Assessment: $200
- pervised Release: 15 years
MARCEAU was sentenced in connection with his guilty plea to (2) counts of abusive sexual contact.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
X.X. disclosed to an FBI agent that MARCEAU had molested him. The assault occurred sometime between the years of 2007 through 2009, and X.X. was less than 12-years-old during the commission of the offense, which occurred within the exterior boundaries of the Blackfeet Indian Reservation. MARCEAU was in his early twenties.
When interviewed about the sexual assault of X.X., MARCEAU stated that he was close with X.X. When asked about the inappropriate contact that he had with X.X., MARCEAU acknowledged that such sexual contact occurred.
Y.Y. was also less than 12-years-old when he disclosed to law enforcement that MARCEAU had molested him. The molestations perpetrated against Y.Y. occurred between 2007 and 2012. As with X.X., MARCEAU was in his twenties when the molestations against Y.Y. occurred. Y.Y. explained that MARCEAU had been molesting him since Y.Y. was 6-years-old.
Agents also interviewed MARCEAU about sexual contact with Y.Y. MARCEAU admitted that the sexual contact occurred.
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, he 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 Bureau of Indian Affairs.
Nelson Travis Alexander 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 October 22, 2013, before Chief U.S. District Judge Dana L. Christensen, NELSON TRAVIS ALEXANDER, a 47-year-old resident of Box Elder and an enrolled member of the Chippewa Cree Indian Tribe, was sentenced to a term of:
- ison: 27 months
- ecial Assessment: $100
- pervised Release: 3 years
ALEXANDER 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 R. Jackson, the government stated it would have proved at trial the following:
On December 2, 2012, ALEXANDER intentionally assaulted K.A., striking her in the face with his closed fists and causing her serious bodily injury.
ALEXANDER's assault on K.A. came without warning, breaking her nose, fracturing her jaw, and causing extreme swelling to her face. She was flown to the hospital in Great Falls and hospitalized for several days.
The assault occurred within the exterior boundaries of the Rocky Boy(s Indian Reservation.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ALEXANDER will likely serve all of the time imposed by the court. In the federal system, ALEXANDER 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.
Martha Mae Mitchell 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 October 22, 2013, before Chief U.S. District Judge Dana L. Christensen, MARTHA MAE MITCHELL, a 57-year-old resident of Box Elder and an enrolled member of the Chippewa Cree Tribe, was sentenced to a term of:
- ison: 63 months
- ecial Assessment: $100
- pervised Release: 3 years
MITCHELL was sentenced in connection with her guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Danna R. Jackson, the government stated it would have proved at trial the following:
On January 23, 2013, MITCHELL became frustrated when a 9-month-old child would not stop crying. MITCHELL told law enforcement that she twisted the baby's legs and both arms causing injuries to them. MITCHELL further told law enforcement that she was "shocked and disgusted" at herself. The crime occurred within the exterior boundaries of the Rocky Boy's Indian Reservation.
Medical evidence would have shown that the victim suffered fractures to all four of the baby's limbs. The victim was hospitalized for a week. The medical evidence would also show that the victim sustained additional injuries that may not be attributed to MITCHELL's conduct.
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.
Krystel A. Buckland 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 October 23, 2013, before U.S. District Judge Donald W. Molloy, KRYSTEL A. BUCKLAND, a 32-year-old resident of Billings, was sentenced to a term of:
- obation: 4 years
- ecial Assessment: $100
- stitution: $15,333
BUCKLAND was sentenced in connection with her guilty plea to acquiring a controlled substance by subterfuge.
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 August 19, 2012, a task force officer with the Drug Enforcement Administration (Drug Enforcement Administration) received a phone call from the pharmacy district manager for the K-Mart in Billings. The manager indicated that there were numerous prescription pills missing from the pharmacy department. The prescription pills first started to appear missing in February of 2012.
K-Mart then installed video cameras in the pharmacy department. On August 29, 2012, BUCKLAND, a pharmacist at the store, was seen on the video camera entering into the pharmacy after pharmacy hours and stealing numerous prescription pills. The video showed BUCKLAND taking the pills and then stuffing them into her clothing. BUCKLAND had been hired in February of 2012.
On August 31, 2012, BUCKLAND was interviewed by a DEA task force officer. She admitted that she did steal all of the prescription pills, and that she started stealing pills when she first began working at K-Mart. According to BUCKLAND, she used all of the pills herself. She indicated that she would use approximately 100 pills per day. After the interview, BUCKLAND gave consent to search her car and recovered numerous pill bottles and a small amount of pills in the vehicle.
The records from K-Mart indicate that approximately 18,000 hydrocodone and oxycodone pills were taken from the pharmacy from February of 2012 through August of 2012.
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, he 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 Drug Enforcement Administration.
Karrie Marie Stoltenberg 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 October 23, 2013, before U.S. District Judge Sam E. Haddon, KARRIE MARIE STOLTENBERG, a 40-year-old resident of Billings, pled guilty to conspiracy to possess with the intent to distribute methamphetamine. Sentencing has been set for March 3, 2013. She is currently detained.
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:
During the course of an investigation into the sales of methamphetamine by X.X. and Z.Z. in the Billings area, agents learned that X.X. had kept a safe containing methamphetamine at STOLTENBERG's residence in the Billings Heights. Agents confirmed through multiple sources that STOLTENBERG allowed X.X. to keep the safe at her house from October to November of 2012. Agents also confirmed from one source that STOLTENBERG knew that the safe contained methamphetamine. Additionally, one of the sources of information admitted that she stole the safe from STOLTENBERG's residence in November of 2012, and the safe contained less than a pound of methamphetamine.
STOLTENBERG faces possible penalties of 20 years in prison, a $1,000,000 fine and 3 years supervised release.
The investigation was conducted by the Eastern Montana High Intensity Drug Task Force (HIDTA).
Joseph Daniel Bahr, Jr. 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 October 23, 2013, before U.S. District Judge JOSEPH DANIEL BAHR, JR., a 42-year-old resident of Lame Deer and an enrolled member of the Northern Cheyenne Tribe, was sentenced to a term of:
- ison: 70 months
- ecial Assessment: $100
- pervised Release: 7 years
BAHR was sentenced in connection with his guilty plea to attempted sexual abuse.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
On June 23, 2011, the victim and a friend stayed overnight at BAHR's home in Lame Deer, which is within the boundaries of the Northern Cheyenne Indian Reservation. The victim, the friend, and BAHR were drinking that evening at BAHR's house. Between 10:00 p.m. and 11:00 p.m., the victim went to sleep in BAHR's daughter(s bedroom. Around 5:00 a.m. the next morning, the victim woke up with BAHR on top of her. The victim told BAHR numerous times to stop and to get off of her. Eventually, the victim was able to push BAHR off of her, get dressed, and leave BAHR's residence. Before leaving, the victim confronted BAHR about the sexual assault in the presence of the friend who was also staying at BAHR's home. BAHR admitted to having sexual intercourse with the victim during this confrontation and this admission was overheard by the friend.
The victim then left the residence and went home. She told her husband about the sexual assault, immediately reported the assault to the police, and then went to the hospital for a sexual assault examination.
BAHR was interviewed by law enforcement and despite the admission made by BAHR to the victim and overheard by the friend at BAHR's house, when confronted by the victim, BAHR denied that he had sex with the victim.
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, he 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 Bureau of Indian Affairs.
Jess James Rutherford, Jr. 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 October 22, 2013, before Chief U.S. District Judge Dana L. Christensen, JESS JAMES RUTHERFORD, JR., a 28-year-old resident of Heart Butte and an enrolled member of the Blackfeet Tribe, was sentenced to a term of:
- ison: 24 months
- ecial Assessment: $100
- pervised Release: 3 years
RUTHERFORD 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 Ryan G. Weldon, the government stated it would have proved at trial the following:
On April 23, 2013, the victim was interviewed about the assault by RUTHERFORD. The victim and RUTHERFORD had dated for eight months. On the night in question, the victim stated that RUTHERFORD was drinking with his friends, and the friends left. The victim explained that she was also drinking and she lived in the house with RUTHERFORD at that time. Despite living together, RUTHERFORD locked the victim outside. The victim wanted back inside to get her bag. RUTHERFORD told her that he burned her bag but eventually let her inside.
The beating then ensued. RUTHERFORD threw the victim to the ground, stomped on her, and punched her repeatedly. Specifically, RUTHERFORD stomped on the victim's neck, back, and legs. He was hitting her with a "backhand" at first, but then, when she was on her belly, he started stomping on her, and eventually stomped on her chest. Pictures showed deep bruising on her chest.
The victim explained that RUTHERFORD was calling her names while he was hitting her. Her underwear were also torn. She stated that RUTHERFORD was trying to pull her pants down, and he ripped her underwear off. He was also dragging her around by the hair.
The victim stated that she was not knocked unconscious, and RUTHERFORD, when kicking her, was wearing regular tennis shoes. The victim did not know why RUTHERFORD stopped.
The beating lasted for approximately a half hour, beginning at 2:30 a.m. After the beating, the victim waited for RUTHERFORD to fall asleep so that she could leave. She then ran to a neighbor.
After arriving at the neighbor's house, the victim went to the hospital. The attending physician stated that the victim had two broken ribs on her left side. The victim also had a bilateral and impacted nasal fracture. The victim described her pain as a ten out of ten, with ten being the worst. The victim described in an interview two days after the assault that her fingers and mouth were still numb.
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, he 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 Indian Affairs.