District of Montana
Press releases recorded for this federal judicial district.
Informational: Federal Court Initial AppearancesRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Missoula, on September 17, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, the following individuals were arraigned:
DARWIN KADE CLINGER, a 38-year-old resident of Gilbert, Arizona, appeared on charges of wire fraud and money laundering. He is currently released on special conditions. If convicted of these charges, CLINGER faces possible penalties of 20 years in prison, a $250,000 fine, and 3 years supervised release on each charge. Assistant U.S. Attorney Timothy J. Racicot is the prosecutor for the United States. The investigation was conducted by the United States Secret Service.
KELLY R. ETZEL, a 52-year-old resident of Missoula, appeared on a charge of distribution of controlled substances. ETZEL is currently released on special conditions. If convicted of this charge, ETZEL faces possible penalties of 20 years in prison, a $1,000,000 fine, and 3 years supervised release. Assistant U.S. Attorney Cyndee L. Peterson is the prosecutor for the United States. The investigation was a cooperative effort between the Drug Enforcement Administration and the Missoula High Intensity 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 ArraignmentRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Billings, on September 17, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individual was arraigned:
CYD MARIE BABB, a 42-year-old resident of Billings, appeared on (21) counts of obtaining possession of controlled substance by deception. She is currently detained. If convicted of these charges, BABB faces possible penalties of 4 years in prison, a $250,000 fine, and 3 years supervised release on each count. Assistant U.S. Attorney Bryan R. Whittaker is the prosecutor for the United States. The investigation was conducted by the Drug Enforcement Administration Tactical Diversion Squad (includes the Billings Police Department, the Yellowstone County Sheriff's Office, the Montana Division of Criminal Investigation and the Laurel Police Department).
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.
Henry Anthony Combs 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 September 18, 2013, before U.S. District Judge Donald W. Molloy, HENRY ANTHONY COMBS, a 56-year-old resident of Humboldt County, California, was sentenced to a term of:
- Probation: 5 years, with 6 months home arrest and electronic monitoring
- Special Assessment: $100
COMBS was sentenced in connection with his guilty plea to conspiracy to possess with the intent to distribute marijuana.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
From the summer of 2008, until the summer of 2010, Joseph Chartraw organized and profited from a marijuana distribution network across Montana. Chartraw had numerous distributors and drug couriers in Montana. Chartraw's sources of supply were identified by law enforcement as being in California. Chartraw used his cellular telephone to communicate with everyone in his distribution organization - including some of his sources of supply in California.
Chartraw's original connection to a group of marijuana growers and distributors in California was Kirk Felhaber. Felhaber would bring together multiple growers at his home whenever Chartraw or one of his couriers would be arriving in California. Felhaber would have several individuals bring their marijuana to his home for redistribution to Chartraw or one of his couriers. COMBS was one of the sources of supply for Chartraw through Felhaber from the summer of 2008 until approximately the spring of 2009. COMBS knew he was supplying marijuana for resale to Felhaber and received money for each of the transactions. Felhaber was the primary contact for the group and Chartraw until Felhaber and Chartraw had a falling out over a vehicle title.
The evidence would show that COMBS provided at least more than 2.5 kilograms of marijuana but less than 5 kilograms of marijuana to Felhaber for redistribution to Chartraw during the course of his involvement in the conspiracy.
Chartraw and Felhaber pled guilty to federal charges.
The investigation was conducted by the Billings Big Sky Safe Streets Task Force.
Sonny Lionel Crazymule 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 September 16, 2013, before U.S. District Judge Sam E. Haddon, SONNY LIONEL CRAZYMULE, a 34-year-old resident of Lame Deer, was sentenced to a term of:
- Prison: 71 months
- Special Assessment: $100
- Supervised Release: 3 years
CRAZYMULE was sentenced after a federal district court trial in which he was found guilty of aiding and abetting assault resulting in serious bodily injury.
Assistant U.S. Attorney Lori Harper Suek prosecuted the case for the United States.
At trial, the following evidence and testimony was presented to the jury.
On the evening of November 16, 2011, the victim was in a tent with a woman in the yard of his mother's home in Lame Deer, which is within the exterior boundaries. The victim heard someone approach the tent and tell him that another woman "S.S." wanted to talk to him. The victim had made plans to be with "S.S." that night, but the victim had not showed up. The victim tried to get out of the tent, and he did get the tent door unzipped, but he was immediately struck in the head with something. The victim did not see who struck him. He lost consciousness, almost immediately, and he did not wake up until later.
The victim's brother was sleeping in the mother's home. He woke up when he heard a commotion outside of the house, and he saw two figures walking away.
After the assault, CRAZYMULE went to the house of "X.X.". CRAZYMULE was covered in blood and told "X.X." that he thought he killed someone. CRAZYMULE then took a shower and changed his clothes.
A few days later on December 1, 2011, CRAZYMULE approached two friends of "Z.Z.'s" at the Cheyenne depot, the local convenience store. CRAZYMULE told them to tell "Z.Z." that "Z.Z." better take the blame for the assault because he is a juvenile.
CRAZYMULE was interviewed. He initially denied any involvement in the assault and refused to admit that he was even at the location of the assault. He then changed his story and admitted that he was present, but he portrayed "Z.Z." as the aggressor. CRAZYMULE claimed that he had to jump on the victim to protect him from "Z.Z.'s" blows. CRAZYMULE also said that "Z.Z." struck the victim with a folding chair three or four times and that during this time he was on the victim protecting him from the blows.
Z.Z." was interviewed. He admitted that he walked to the victim's tent with CRAZYMULE and "S.S.". He asserted that both he and CRAZYMULE assaulted the victim, but it was CRAZYMULE who "went in and beat [the victim]." "Z.Z." admits that he hit the victim with a chair.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that CRAZYMULE will likely serve all of the time imposed by the court. In the federal system, CRAZYMULE 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.
Jennifer Michael Swanson 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 September 16, 2013, before U.S. District Judge Sam E. Haddon, JENNIFER MICHAEL SWANSON, a 41-year-old resident of Billings, was sentenced to a term of:
- Prison: 48 months
- Special Assessment: $100
- Supervised Release: 4 years
SWANSON was sentenced in connection with his guilty plea to possession with the intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorneys Joseph E. Thaggard and Brendan P. McCarthy, the government stated it would have proved at trial the following:
On March 11, 2013, an Idaho State Police officer stopped a vehicle driven by an adult male in Power County, Idaho. SWANSON was a passenger in the vehicle. The male driver said he and SWANSON had driven from Billings to Nevada the previous day and were returning to Billings.
SWANSON and the male driver each admitted that cocaine and methamphetamine were in the car. A search of the vehicle ensued. The authorities found three bulk pounds of methamphetamine and a pound of cocaine in the vehicle. The officers also searched a purse located on the front passenger seat. The purse contained a syringe with liquid methamphetamine, a small amount of methamphetamine in several small plastic baggies, drug paraphernalia, and a .40 caliber handgun. The packaging of methamphetamine in several baggies is consistent with the intent to distribute the drug.
The male driver was interviewed by the Drug Enforcement Administration following his entry of a guilty plea in this matter. The male driver stated that, on March 10, 2013, he and SWANSON left Billings and went to Nevada. The male driver stated that he went on the trip to deliver money from another drug dealer in Billings to an associate drug dealer in Nevada. The male driver said that he did not expect that they would pick up any drugs in Nevada, but were provided the bulk quantities of methamphetamine and cocaine in Nevada and instructed to deliver the drugs to Billings. Those bulk quantities were among the drugs seized in Nevada.
The male driver said that the drug dealer in Billings requested that SWANSON go on the trip to Nevada with the male driver. The male driver said the drug dealer in Billings gave SWANSON two ounces of methamphetamine to go on the trip with the male driver. SWANSON possessed those ounces of methamphetamine at the time she and the male driver left Billings on March 10, 2013.
A DEA chemist analyzed the methamphetamine and cocaine seized by the authorities in Idaho. The bulk quantity of cocaine contained a detectable amount of cocaine and the bulk quantity of methamphetamine contained a detectable amount of methamphetamine.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SWANSON will likely serve all of the time imposed by the court. In the federal system, SWANSON 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 Drug Enforcement Administration, Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Montana Division of Criminal Investigation.
Kaylene Shane Red Wolf 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 September 12, 2013, before U.S. District Judge Sam E. Haddon, KAYLENE SHANE RED WOLF, a 44-year-old resident of Hardin, pled guilty to theft from local government receiving federal funding. Sentencing has been set for January 1, 2014. She is currently released on special conditions.
In an Offer of Proof filed by Assistant U.S. Attorney Carl E. Rostad, the government stated it would have proved at trial the following:
The Lodge Grass Public Schools - on the Crow Indian Reservation - operates with approximately $4.5 million in annual federal funding.
RED WOLF was a Payroll Clerk for the Lodge Grass Public Schools (LGPS) from October 2011 to her resignation on September 11, 2012.
In June 2012, RED WOLF executed a double salary scheme whereby she would issue herself a partial pay check even though she also arranged payment to herself through direct deposit for the same hours worked. She doubled her pay for those hours on five separate occasions between June 20, 2012, and August 15, 2012.
Between November 4, 2011, and June 12, 2012, RED WOLF also employed a scheme whereby she wrote other checks for her own benefit. These fraudulent payments involved pay for hours not documented as having been worked and overpayments for holiday pay.
When interviewed about the allegedly illegal payments, RED WOLF admitted that she was not entitled to receive the full 80 hours on her normal payday when she had already advanced herself a portion of those hours between paydays. RED WOLF admitted she was the person that input the payroll hours into the LGPS computer system so the paychecks could be issued to employees, including herself. RED WOLF said she intended to repay the unauthorized funds she received while employed as the Payroll Clerk for the LGPS, but that she had not made any repayments due to other financial difficulties she was experiencing.
When the questioning turned to the other allegedly improper payments, RED WOLF terminated the interview.
The loss to the Lodge Grass Public Schools was $10,002.60, although RED WOLF terminated the interview before some of the questioned payments were discussed. The United States and RED WOLF will endeavor to reach an understanding about the total amount of loss well before sentencing.
RED WOLF faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by the U.S. Department of Interior - Office of Inspector General.
Rodney Royce Miller 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 September 12, 2013, before U.S. District Judge Donald W. Molloy, RODNEY ROYCE MILLER, a 60-year-old resident of Kalispell, was sentenced to a term of:
- Prison: 120 months, consecutive to sentence in CR-08-103-GF-SEH
- Special Assessment: $100
- Supervised Release: life
MILLER was sentenced in connection with his guilty plea to accessing with the intent to view child pornography.
In an Offer of Proof filed by Assistant U.S. Attorney Cyndee L. Peterson, the government stated it would have proved at trial the following:
On September 21, 2012, a federal probation officer made contact with MILLER in MILLER's van in Flathead County. The probation officer observed MILLER looking at images of child pornography on his notebook computer.
Detectives from the Flathead County Sheriff's Office subsequently obtained a search warrant for the notebook computer. When interviewed, MILLER admitted he used the computer to view child pornography on the Internet.
When the notebook was forensically examined Image files, which included cache and non-cache files depicting child pornography, were located. The examiner also located cache records which were indicative of a user seeking child pornography.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MILLER will likely serve all of the time imposed by the court. In the federal system, MILLER 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 Flathead County Sheriff's Office, the Montana Internet Crimes Against Children (ICAC) Task Force, the U.S. Probation, and the Montana Division of Criminal Investigation.
Kyle Lee Fulmer 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 September 11, 2013, before U.S. District Judge Sam E. Haddon, KYLE LEE FULMER, a 29-year-old resident of Colstrip, was sentenced to a term of:
- Prison: 30 months
- Special Assessment: $100
- Supervised Release: 3 years
FULMER was sentenced in connection with his guilty plea to involuntary manslaughter.
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 September 19, 2012, at approximately 2:30 a.m., law enforcement received a call about a one-vehicle rollover crash on South Tongue River road, near Ashland, on the Northern Cheyenne Indian Reservation. The first officer on scene, a deputy from Rosebud County, identified FULMER as the driver of the Chevy pickup involved in the crash. FULMER, who was ejected from the truck, admitted that he was the driver and that he had been drinking. The deceased passenger was found in the passenger seat inside of the pickup wearing a seat belt. The passenger died of multiple acute blunt traumatic injuries to the upper body.
FULMER was interviewed and admitted that he was driving his pickup on South Tongue River road. He lost control of the pickup, drove through a barbed wire fence, rolled down an embankment, and ended up upright in a field. There were beer cans and bottles near the truck. He had been drinking alcohol prior to the crash. His BAC was .137. This analysis was performed on a sample of FULMER's blood taken some hours after the crash.
FULMER is a non-Indian, but the victim was an enrolled member of the Northern Cheyenne Tribe.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that FULMER will likely serve all of the time imposed by the court. In the federal system, FULMER 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.
Kenneth Mark Enge 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 September 9, 2013, before U.S. District Judge Sam E. Haddon, KENNETH MARK ENGE, a 36-year-old resident of Billings, was sentenced to a term of:
- Prison: 37 months
- Special Assessment: $100
- Supervised Release: 3 years
ENGE was sentenced in connection with his guilty plea to being a felon-in-possession of a firearm.
In an Offer of Proof filed by Assistant U.S. Attorney Brendan P. McCarthy, the government stated it would have proved at trial the following:
In 2004, ENGE was convicted of felony assault with a weapon in the Montana Thirteenth Judicial District Court and was therefore prohibited from possessing firearms or ammunition.
On August 27, 2012, Billing Police Department officers responded to a report of a disturbance involving a firearm in the area of the 600 block of South 35th Street in Billings. Upon their arrival, they found ENGE and another individual in the yard of home on South 35th Street. ENGE failed to show his hands to the officers and fled on foot towards the alley. Officers saw ENGE throw a dark object, believed to be a firearm, into some bushes on the east side of the front yard. After he threw the gun, ENGE then came back to the officers and was arrested. A Hi-Point, 9mm semi-automatic pistol containing seven rounds of ammunition in the magazine and one round in the chamber was found in the bushes.
ENGE first denied that he had a gun, then claimed that he had a pellet gun. The other individual that was in the yard admitted that ENGE did have the gun, and that he threatened to shoot her father while the two were arguing at that location. ENGE and the other individual talked on recorded jail calls about setting up a story about the gun being a pellet gun and possibly contacting the other individual's dad to get him to say that he did not see a gun. In the jail call, they also spoke about how ENGE did possess the firearm and how the officers did observe ENGE throw the firearm in the bushes. During a different phone conversation between ENGE and a different individual, ENGE described how someone else acquired the firearm and gave it to ENGE.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ENGE will likely serve all of the time imposed by the court. In the federal system, ENGE 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.
Joshua James Mccormick 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 September 11, 2013, before U.S. District Judge Dana L. Christensen, JOSHUA JAMES McCORMICK, a 19-year-old resident of Flathead County, was sentenced to a term of:
- Probation: 5 years, with 6 months home arrest
- Special Assessment: $100
- Restitution: $7,319
- Community Service: 200 hours
McCORMICK was sentenced in connection with his guilty plea to possession of stolen firearms.
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 May 20, 2012, the Wooden Nickel Pawn Shop in Flathead County was burglarized and eight firearms were stolen.
On June 22, 2012, the Anything Pawn Shop in Flathead County was burglarized and 16 firearms were stolen.
McCORMICK and his co-defendants took 16 firearms and various firearm accessories. McCORMICK ended up with four of stolen firearms - three from Anything Pawn Shop and one from Wooden Nickel Pawn.
On July 26 and 27, 2012, law enforcement purchased a firearm from McCORMICK. During their interaction with McCORMICK, they seized two firearms stolen from Anything Pawn Shop. McCORMICK also admitted his role in the Anything Pawn Shop burglary.
The investigation was a cooperative effort between the Flathead County Sheriff's Office, the Kalispell Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Joseph Allen Lesmeister, Jr., Virgil Duane Matt, and Larry Charles McCormick, 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 September 11, 2013, before U.S. District Judge Donald W. Molloy, JOSEPH ALLEN LESMEISTER, JR., a 23-year-old resident of Kalispell, VIRGIL DUANE MATT, age 21, and LARRY CHARLES McCORMICK, age 21, residents of Columbia Falls, were each sentenced to a term of:
- Probation: 5 years, with 6 months home arrest
- Special Assessment: $100
- Restitution: $7,319
- Community Service: 400 hours
They were sentenced in connection with their guilty pleas to possession of stolen firearms.
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 May 20, 2012, the Wooden Nickel Pawn Shop in Flathead County was burglarized and eight firearms were stolen.
On June 22, 2012, the Anything Pawn Shop in Flathead County was burglarized and 16 firearms were stolen.
MATT, LESMEISTER, LARRY MCCORMICK, and JOSHUA MCCORMICK took 16 firearms and various firearm accessories. MATT and LESMEISTER ended up with 10 stolen firearms from Anything Pawn. Joshua McCormick ended up with four of stolen firearms - three from Anything Pawn Shop and one from Wooden Nickel Pawn. The disposition of two of the firearms stolen from Anything Pawn remains unknown.
On July 16 and 17, 2012, law enforcement seized 11 firearms stolen from Anything Pawn Shop from MATT and LESMEISTER. MATT admitted that he, LESMEISTER, Joshua McCormick, and LARRY McCORMICK burglarized Anything Pawn Shop in May 2012. Two stolen firearms from the Wooden Nickel were also recovered from MATT and LESMEISTER.
On July 26 and 27, 2012, law enforcement purchased a firearm from Joshua McCormick. During their interaction with Joshua McCormick and LARRY McCORMICK, law enforcement seized two firearms stolen from the Anything Pawn Shop. Both McCORMICK brothers admitted their roles in the Anything Pawn Shop burglary.
Joshua McCormick pled guilty to federal charges.
- e investigation was a cooperative effort between the Flathead County Sheriff's Office, the Kalispell Police Department, the Montana Division of Criminal Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Jerard David Jo Threefingers 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 September 11, 2013, before U.S. District Judge Sam E. Haddon, JERARD DAVID JO THREEFINGERS, a 23-year-old resident of Lame Deer and an enrolled member of the Northern Cheyenne Tribe, was sentenced to a term of:
- Prison: 37 months
- Special Assessment: $100
- Restitution: $1,300
- Supervised Release: 3 years
THREEFINGERS was sentenced in connection with his guilty plea to involuntary manslaughter.
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 2, 2012, at approximately 12:30 p.m., law enforcement was advised of a one vehicle rollover crash on Crazy Head Springs Road near Lame Deer on the Northern Cheyenne Indian Reservation. The caller reported that one passenger was unconscious and another passenger was injured and needed medical help. Law enforcement arrived on the scene and found both a male and female lying on the ground. The female was deceased; the male was alive but injured. Law enforcement took photographs and collected evidence, including an empty Budweiser 30-pack container and 2 unopened cans of Budweiser.
After additional investigation, law enforcement learned that the vehicle, a Ford Explorer, was owned by the deceased female but they were unsure whether she had been driving the vehicle at the time of the crash. There were clear shoe impressions on the brake pedal and the driver's side door panel, but the deceased female was barefoot. Also, the driver's side seat was adjusted for someone much taller than the deceased female.
After some additional investigation, law enforcement learned that THREE FINGERS and another female had been in the car at the time of the crash but had walked away from the scene. Approximately two hours after the crash, THREE FINGERS was located by law enforcement and arrested on tribal charges of intoxication, DUI, and criminal homicide. THREE FINGERS was not interviewed until the next day because of his level of intoxication.
At first, THREE FINGERS identified the deceased female as the driver but, after further questioning, THREE FINGERS admitted that he was the driver. He admitted that he had been drinking prior to the crash and he explained that he hit a bump, lost control of the car, and caused the death of female and the injuries to the other passenger.
A toxicology screen of a blood sample taken from THREE FINGERS about three hours after the crash contained a blood alcohol content of .09.
The passenger that walked away from the scene with THREE FINGERS was interviewed and also admitted that THREE FINGERS was driving the vehicle at the time of the crash.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that THREEFINGERS will likely serve all of the time imposed by the court. In the federal system, THREEFINGERS does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on September 12, 2013, before U.S. Magistrate Judge Keith Strong, the following individual was arraigned:
CHARLES CROSBY, a 42-year-old resident of Trenton, New Jersey, appeared on charges of child exploitation enterprise and conspiracy to advertise child pornography. He is currently detained. If convicted of these charges, CROSBY faces possible penalties of a mandatory minimum of 20 years to life imprisonment, a $250,000 fine, and 5 years to life supervised release for the child exploitation count; and possible penalties of a mandatory minimum of 15 to 30 years imprisonment, a $250,000 fine, and 5 years to life supervised release for the conspiracy to advertise child pornography count. Assistant U.S. Attorney Cyndee L. Peterson 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.
Ervin Salgado Osorio 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 September 11, 2013, before U.S. District Judge Sam E. Haddon, ERVIN SALGADO OSORIO, a 32-year-old resident of Toppenish, Washington, was sentenced to a term of:
- Prison: 180 months
- Special Assessment: $200
- Supervised Release: 4 years
OSORIO was sentenced after a federal district court trial in which he was found guilty of conspiracy to distribute methamphetamine and distribution of methamphetamine. Assistant U.S. Attorney Paulette L. Stewart prosecuted the case for the United States.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that OSORIO will likely serve all of the time imposed by the court. In the federal system, OSORIO 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 Missouri River Drug Task Force, the Federal Bureau of Investigation, the Montana Division of Criminal Investigation, the Helena Police Department, the Lewis & Clark Sheriff's Office, and the Drug Enforcement Administration.
Thomas Michael Shumate 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 September 10, 2013, before U.S. District Judge Sam E. Haddon, THOMAS MICHAEL SHUMATE, a 35-year-old resident of Red Lodge, was sentenced to a term of:
Prison: 27 months
Special Assessment: $100
Supervised Release: 3 years
SHUMATE 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:
In Nashville, Tennessee, SHUMATE was convicted of felony burglary to a vehicle in 2005, and in 2008 of felony burglary to a vehicle and felony theft, therefore prohibiting him from possessing firearms.
On September 20, 2012, the owner of the Red Lodge Antique Mall called law enforcement concerned about two firearms that they purchased from SHUMATE the previous day. The firearms were a Savage/Stevens, model 94 - Series P, .410 caliber, break-automatic shotgun, and a Savage, model III, .300 Win Mag caliber, bolt-automatic rifle.
Law enforcement later learned that the firearms were taken from a Red Lodge residence that SHUMATE was house-sitting.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SHUMATE will likely serve all of the time imposed by the court. In the federal system, SHUMATE 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 Red Lodge Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Thomas Joseph Spotted Eagle 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 September 10, 2013, before U.S. District Judge Sam E. Haddon, THOMAS JOSEPH SPOTTED EAGLE, a 30-year-old resident of Pablo, was sentenced to a term of:
Prison: 12 months
Special Assessment: $100
Supervised Release: 3 years
SPOTTED EAGLE was sentenced in connection with his guilty plea to use of a communications device to aid in a conspiracy to possess with 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:
On July 20, 2010, a Yellowstone County Sheriff's Office Deputy initiated a traffic stop on a black 2010 Mercedes Benz SUV after running the license plate and determining that the owner had a valid arrest warrant. The owner of the vehicle, Joseph Chartraw, provided a false name to the deputy but ultimately admitted his name. A narcotics-detecting K-9 was called to the scene and positively alerted on the vehicle for the presence of narcotic odors. The vehicle was impounded pending a search warrant application. A subsequent search yielded airline tickets, a cell phone, documents, $14,154 in cash, and user amounts of marijuana.
Pursuant to the Search Warrant, detectives had the cellular telephone that was seized from the vehicle analyzed. The contents revealed that Chartraw had been involved with selling hundreds of pounds of marijuana, as well as transporting tens of thousands of dollars in cash. Some of the text messages on the phone blatantly discussed prices for pounds of marijuana, smuggling bulk cash via the airlines, having bulk cash from drug proceeds deposited into bank accounts, and dealing marijuana to the Indian reservations in Montana. According to the text messages on the phone, marijuana was distributed to Browning, Polson, Crow Agency, as well as Havre, St. Ignatius, Great Falls, Missoula, Cut Bank, Lolo, and other places throughout Montana.
One of the subjects having drug-related communications with Chartraw was SPOTTED EAGLE. On June 15, 2010, SPOTTED EAGLE and Chatraw exchanged a series of text messages arranging for SPOTTED EAGLE to pick up marijuana from one of Chartraw's distributors for future distribution to SPOTTED EAGLE's marijuana customers.
Chartraw was interviewed and admitted SPOTTED EAGLE was his second largest distributor of marijuana and that the two used their cellular telephones to arrange drug deals.
Chartraw pled guilty to federal charges and has been sentenced.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SPOTTED EAGLE will likely serve all of the time imposed by the court. In the federal system, SPOTTED EAGLE 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.
Michael Anthony Ervin 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 September 10, 2013, before U.S. District Judge Sam E. Haddon, MICHAEL ANTHONY ERVIN, a 48-year-old resident of Billings, was sentenced to a term of:
Prison: 148 months
Special Assessment: $100
Supervised Release: 3 years
ERVIN was sentenced in connection with his guilty plea to distribution of hydrocodone.
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:
An agent assigned to the Drug Enforcement Administration's Tactical Diversion Squad purchased prescription pills from ERVIN in Roundup and Billings from December 28, 2011, and continuing through February 3, 2012.
Specifically, the agent purchased 60 hydrocodone 5mg pills on December 28, 2011, in Roundup, from ERVIN. The agent purchased 20 hydrocodone 5mg pills and 12 morphine 30mg pills on January 18, 2012, in Billings, from ERVIN. The agent purchased 100 hydrocodone 5mg pills on February 3, 2012, in Billings, from ERVIN.
A chemist from the DEA laboratory in San Francisco verified the presence of controlled substances - hydrocodone and morphine - in the pills purchased from ERVIN.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ERVIN will likely serve all of the time imposed by the court. In the federal system, ERVIN 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 Tactical Diversion Squad which includes the Montana Division of Criminal Investigation and the Billings Police Department.
Martin Lloyd Old Horn 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 September 10, 2013, before U.S. District Judge Sam E. Haddon, MARTIN LLOYD OLD HORN, a 22-year-old resident of Hardin, was sentenced in Cause No. CR 13-28-BLG-SEH to a term of:
Prison: 6 months, concurrent with CR 13-27-BLG-SEH
Special Assessment: $100
Supervised Release: 3 years
OLD HORN was sentenced in connection with his guilty plea to federal student aid loan fraud.
In addition, OLD HORN was sentenced in Cause No. CR 13-27-BLG-SEH to a term of:
Prison: 6 months, concurrent with CR 13-28-BLG-SEH
Special Assessment: $100
Restitution: $21,820
Supervised Release: 3 years
OLD HORN was sentenced in connection with his guilty plea to mail fraud.
In Offer of Proofs filed by Assistant U.S. Attorney Carl E. Rostad, the government stated it would have proved at trial the following:
In Cause No. CR 13-27-BLG-SEH:
The Crow Tribal Historic Preservation Office (CTHPO) Is a designated office of the Crow Indian Tribe that provides for direct Tribal involvement and leadership in the protection and enhancement of Crow lands and cultural resources. It serves to identify, inventory, and protect culturally, archeologically, and historically important resources both on and off the reservation.
Each year, the CTHPO receives grant funds from the National Park Service, U.S. Department of the Interior. A requirement for any enterprise seeking to do work on the reservation that may disturb tribal lands - utilities, construction, energy exploration, development - is that the business employ the services of a CTHPO employee (archeological technician) to monitor the project to insure that lands of cultural or historic importance are not destroyed. The company is then charged for this monitoring service and payments are made to the Crow Tribe.
During the summers of 2010 and 2011, either before leaving for or while home from school at the University of Montana (UM), OLD HORN, at the urging and instigation of his mother and other family members, represented himself to be a monitor for the Crow Tribe Historical Preservation Office. He had no training for the position, had not been hired by the Crow Tribe to be a tribal monitor, and had no authority other than the direction of his family to engage in the business of being a tribal monitor.
During 2010, the evidence would have reflected that the invoices to companies for direct payment to OLD HORN, for his purported services, were submitted by his mother. During 2011, the time period alleged in the indictment, the evidence indicates that OLD HORN submitted invoices for his purported services directly. OLD HORN billed on an hourly basis and always billed for an entire day. The evidence would show that OLD HORN was usually in the company of his mother or cousin when on-site, that he made no logs or reports documenting his work or observations as required by legitimate monitoring standards, and that on numerous occasions he was not on site for the hours billed to the company. During the time period of the indictment - the two month period in the summer of 2011 - OLD HORN received $19,184.15 in compensation from companies doing business on the Crow Indian Reservation.
In addition, OLD HORN received an additional $24,477 when his mother submitted invoices on his behalf, for a total of $43,661 received on the basis of his billing for services as if a legitimate tribal monitor. The United States maintains that the fraudulent nature of the invoices remains the same whether submitted by OLD HORN or his mother. The United States and OLD HORN have stipulated to one-half of the total amount - $21,830 - as restitution and use in the fraud loss calculation based on the time and service that may have been legitimately rendered.
The companies made their payments to Martin OLD HORN through the U.S. Mail.
In Cause No. CR 13-28-BLG-SEH:
The Crow Tribal Historic Preservation Office (CTHPO) Is a designated office of the Crow Indian Tribe that provides for direct Tribal involvement and leadership in the protection and enhancement of Crow lands and cultural resources. It serves to identify, inventory, and protect culturally, archeologically, and historically important resources both on and off the reservation.
Each year, the CTHPO receives grant funds from the National Park Service, U.S. Department of the Interior. A requirement for any enterprise seeking to do work on the reservation that may disturb tribal lands - utilities, construction, energy exploration, development - is that the business employ the services of a CTHPO employee (archeological technician) to monitor the project to insure that lands of cultural or historic importance are not destroyed. The company is then charged for this monitoring service and payments are made to the Crow Tribe.
During the summers of 2010 and 2011, either before leaving for or while home from school at the University of Montana (UM), OLD HORN, at the urging and instigation of his mother and other family members, represented himself to be a monitor for the Crow Tribe Historical Preservation Office. He had no training for the position, had not been hired by the Crow Tribe to be a tribal monitor, and had no authority other than the direction of his family to engage in the business of being a tribal monitor.
Evidence would have been presented to establish that OLD HORN was a student at UM during the fall of 2011. In late October OLD HORN completed an on-line Free Application for Federal Student Aid (FAFSA), an application used by the U.S. Department of Education to determine eligibility for Pell Grants and Stafford loans, wherein he indicated that he had no earned income during the previous year. In truth, during the previous year, companies had paid OLD HORN approximately $21,600 for monitoring services based on invoices he had submitted (or which had been submitted by his mother on his behalf). Such income, if revealed, would have materially affected the decisions of the U.S. Department of Education in determining entitlement to federal aid and the level of federal aid.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that OLD HORN will likely serve all of the time imposed by the court. In the federal system, OLD HORN does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigations were conducted by the U.S. Department of Interior - Office of Inspector General.
Renee Rachelle Voorhis 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 September 9, 2013, before U.S. District Judge Sam E. Haddon, RENEE RACHELLE VOORHIS, a 28-year-old resident of Billings, was sentenced to a term of:
Prison: 18 months
Special Assessment: $100
Restitution: $80,185
Supervised Release: 3 years
VOORHIS was sentenced in connection with her guilty plea to Social Security fraud.
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:
VOORHIS was married to Nicholas Edgerley. VOORHIS and Edgerley had a child - A.E. in 2004. Edgerley died on June 17, 2005. On August 23, 2005, VOORHIS applied for Old Age Survivor Disability Insurance (OASDI) benefits from the Social Security Administration (SSA) on behalf of her child. The application was based on the death of the child's father. VOORHIS also applied to serve as the child's representative payee for OASDI benefits. On September 2, 2005, the SSA awarded the child OASDI benefits and designated VOORHIS as the child's representative payee.
During the application process, the SSA advised VOORHIS of all of her legal obligations regarding events affecting eligibility to OASDI benefits for her child. VOORHIS was provided a written copy of her legal obligations. The SSA annually sent out correspondence again advising VOORHIS of each of her legal obligations with respect to her child's benefits. VOORHIS was required to and did complete annual accounting forms which were intended to account for how the OASDI benefits were used and to certify that her child was still in her care and custody.
On February 1, 2012, VOORHIS's father, told the SSA that he and his wife had been raising VOORHIS's child since October 2005 and were receiving no financial assistance from VOORHIS.
On February 14, 2012, VOORHIS's parents were interviewed by law enforcement. Both indicated they were aware their daughter was receiving OASDI benefits on her child's behalf. VOORHIS initially assisted them financially with the child's care - approximately four months, November 2005 to February 2006. On several occasions, they asked VOORHIS about receiving the child's OASDI benefits to aid in the child's care. VOORHIS threatened to remove the child from her parents custody when questioned about the OASDI benefits. VOORHIS's parents indicated that she was a drug addict and in and out of jail since the child began living with them.
On July 19, 2012, VOORHIS was interviewed by law enforcement. VOORHIS confessed that she knew her legal reporting obligations regarding collecting OASDI benefits on behalf of her child. VOORHIS confessed she initially gave four months of benefits to her parents and then stopped. VOORHIS stated that she used the funds to pay for her living expenses and to support her drug habit. VOORHIS confessed to concealing that she was not caring for or in custody of her child by falsifying and submitting SSA representative accounting forms in 2007 and 2008 to 2011.
The total overpayment by SSA to VOORHIS for her child was $82,730. The amount takes into account the four months of payments VOORHIS forwarded to her parents initially for the child's care.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that VOORHIS will likely serve all of the time imposed by the court. In the federal system, VOORHIS does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Criminal Investigation Division of the Internal Revenue Service.
Informational: Federal Court Initial AppearanceRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on September 9, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, the following individual appeared:
JORDAN LINN GRAHAM, a 22-year-old resident of Kalispell, made an initial appearance on a complaint alleging murder in the second degree of Cody Lee Johnson. She is currently detained.
If charged with murder in the second degree, GRAHAM faces possible penalties of life in prison.
Assistant U.S. Attorney Zeno B. Baucus is the prosecutor for the United States.
The investigation was a cooperative effort between the Kalispell City Police Department, the Flathead County Coroner, the Federal Bureau of Investigation, and the National Park Service.
A complaint is merely a written statement of the essential facts constituting the offenses charged.
Vincent Lee Garner 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 August 28, 2013, before Chief U.S. District Judge Dana L. Christensen, VINCENT LEE GARNER, age 48, was sentenced to a term of:
Prison: 38 months
Special Assessment: $100
Supervised Release: 3 years
GARNER was sentenced in connection with his guilty plea to failure to register as a sexual offender.
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
From the fall of 2011 through October 2012, GARNER had traveled to Montana from out of state and failed to register as a sex offender once he arrived in Montana. GARNER was required to register as a sex offender as a result of a 1999 sex offense conviction from Oregon.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that GARNER will likely serve all of the time imposed by the court. In the federal system, GARNER does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the United States Marshals Service.
Jonathan James Henderson 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 August 28, 2013, before Chief U.S. District Judge Dana L. Christensen, JONATHAN JAMES HENDERSON, a 28-year-old resident of Great Falls, was sentenced to a term of:
Prison: 90 months
Special Assessment: $100
Supervised Release: 4 years
HENDERSON was sentenced in connection with his guilty plea to possession with the intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Bryan R. Whittaker, the government stated it would have proved at trial the following:
Between February and April of 2011, in Cascade County, HENDERSON possessed with the intent to distribute 50 grams or more of a substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that HENDERSON will likely serve all of the time imposed by the court. In the federal system, HENDERSON 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 ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on August 30, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, the following individuals were arraigned:
STEVE HUMISTON, a 56-year-old resident of Tacoma, Washington; JOHN JOHNSON, a 57-year-old resident of Locust Grove, Virginia; SCOTT LONG, a 53-year-old resident of Portland, Oregon; and PAUL WENCEWICZ, a 47-year-old resident of Polson, appeared on charges of child exploitation enterprise and conspiracy to advertise child pornography. In addition, WENCEWICZ was also charged with obstruction of justice. They are currently detained.
If convicted of child exploitation enterprise, they each face a mandatory minimum of 20 years in prison and could be sentenced to life, a $250,000 fine, and a minimum of 5 years supervision. In addition, if convicted of conspiracy to advertise child pornography, they each face a mandatory minimum of 15 to 30 years in prison, a $250,000 fine, and a minimum of 5 years supervision. WENCEWICZ also faces 20 years in prison, a $250,000 fine, and 3 years supervised release if convicted of obstruction of justice.
Assistant U.S. Attorney Cyndee L. Peterson is the prosecutor for the United States. The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bozeman Police Department.
The defendants pled not guilty to the charges.
The charges, 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.
Michelle Renee Kindness 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 August 28, 2013, before Senior U.S. District Judge Jack D. Shanstrom, MICHELLE RENEE KINDNESS, a 48-year-old resident of Billings, was sentenced to a term of:
Prison: 98 months
Special Assessment: $100
Supervised Release: 5 years
KINDNESS was sentenced in connection with her guilty plea to conspiracy to distribute methamphetamine.
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:
After learning that KINDNESS routinely brought methamphetamine onto the Northern Cheyenne Indian Reservation for distribution, Bureau of Indian Affairs (BIA) drug unit agents began an investigation into KINDNESS. During the investigation, the BIA received reports from the FBI indicating that KINDNESS had been involved with trafficking meth since at least 2005, and that KINDNESS had purchased and sold twelve ounces of meth during the FBI investigation. FBI agents had purchased eight 1/2 gram baggies containing meth directly from KINDNESS.
On January 9, 2007, KINDNESS was arrested on the Crow Indian Reservation. During the arrest KINDNESS had several paper bindles of meth on her person.
The BIA drug unit conducted a controlled purchase of two grams of meth directly from KINDNESS on December 20, 2010.
On November 29, 2011, agents interviewed an individual in custody on tribal charges of possession of methamphetamine. The individual told the agents that she had purchased 1/2 ounce of meth directly from KINDNESS, in October 2011, and that she saw another 1/2 ounce of meth during the deal.
On April 30, 2012, KINDNESS was arrested on the Northern Cheyenne Indian Reservation for intoxication. During a search incident to arrest, three grams of meth and $6,985 were found in KINDNESS's pants pockets.
On May 27, 2012, less than 30 days after the previous arrest, KINDNESS was arrested for DUI, which involved a head-on collision with a tractor and trailer. Once again, during a search incident to arrest, law enforcement seized 31 paper bindles of meth, 3.8 grams of loose meth in a plastic baggie, and $1,020.
On May 1, 2012, during an in-custody interview with KINDNESS, KINDNESS admitted that she had purchased and sold over one pound of meth over the past year.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that KINDNESS will likely serve all of the time imposed by the court. In the federal system, KINDNESS 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.
Michael Bearhill, 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 August 27, 2013, before Chief U.S. District Judge Dana L. Christensen, MICHAEL BEARHILL, JR., a 21-year-old resident of Wolf Point and an enrolled member of a federally-recognized tribe, was sentenced to a term of:
Prison: 40 months
Special Assessment: $100
Supervised Release: 3 years
BEARHILL was sentenced in connection with his guilty plea to robbery.
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
In the early hours of February 2, 2013, BEARHILL entered a convenience store in Wolf Point, which is within the exterior boundaries of the Fort Peck Indian Reservation, and pointed what appeared to be a gun at two employees behind the counter. He forced them to open the till while he continued to point the gun at an employee. An employee described the robber as having a blank stare, and she realized he was serious. He removed over $300 from the till and fled. He was later identified on video by other employees as BEARHILL.
When questioned, BEARHILL admitted to going into the convenience store, pulling a gun out of his coat, and telling the employees he wanted money.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BEARHILL will likely serve all of the time imposed by the court. In the federal system, BEARHILL does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Fort Peck Tribes Criminal Investigation Division.
Joseph Michael Velk 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 August 27, 2013, before Chief U.S. District Judge Dana L. Christensen, JOSEPH MICHAEL VELK, a 24-year-old resident of Havre, was sentenced to a term of:
Prison: 8 months
Special Assessment: $100
Forfeiture: rifle
Supervised Release: 3 years
VELK was sentenced in connection with his guilty plea to being a felon-in-possession of a firearm and ammunition.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
On January 14, 2011, VELK was sentenced for felony burglary and felony criminal possession of dangerous drugs in the Twelfth Judicial District Court in Hill County and therefore prohibited from possessing firearms or ammunition.
On August 16, 2011, a Hill County Deputy was on patrol in an area of the county which had experienced recent break-ins. Around 3:39 a.m., the deputy observed a pickup in the same area. The deputy stopped the pickup for a traffic violation. The deputy identified the driver of the truck as VELK. The deputy also could see empty alcohol containers, a full Bud Light can, a large spotlight, and a dead rabbit in the truck. He also saw a rifle tucked between the driver's seat and driver's side door.
Later that same morning, law enforcement searched the pickup. During the search, the officers located a Henry Repeating Arms .22 Rifle, as well as an open box of Remington .22 shells. The officers found the shells by the clutch between the driver's seat and passenger seat. The rifle was still between the driver's seat and driver's side door.
When questioned, VELK admitted to possessing the Henry Repeating Arms .22 long rifle Lever Action and a box of Remington .22 shells.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that VELK will likely serve all of the time imposed by the court. In the federal system, VELK 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 Havre Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Christopher Cleveland 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 August 28, 2013, before Senior U.S. District Judge Jack D. Shanstrom, CHRISTOPHER CLEVELAND, a 34-year-old resident of Billings, appeared for sentencing. CLEVELAND was sentenced to a term of:
Prison: 72 months
Special Assessment: $100
Supervised Release: 5 years
CLEVELAND was sentenced in connection with his guilty plea to conspiracy to possess with intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:
CLEVELAND came to the attention of law enforcement officers as part of the large drug case. CLEVELAND was identified as a person who purchased large amounts of methamphetamine from Las Vegas on behalf of supplier Howard Bonifant in Billings to distribute to his distributor network here. Other witnesses identified CLEVELAND as a distribution source from Bonifant. At first, CLEVELAND received the methamphetamine from Sheila Coffman, who received it directly from the Vegas source beginning in January 2010. Later in 2010 Coffman got out of the ring and introduced CLEVELAND to the Vegas sources and he then began getting it directly from Johnathan Balbin, Antonio Taylor, and Justin Fultz. CLEVELAND received significantly more than several pounds from each of the suppliers during the time he was involved. His involvement ended in November of 2010 when Taylor was arrested in Billings.
When questioned, CLEVELAND admitted his role within the conspiracy but noted that he had discontinued his involvement and had been clean for the last several years.
Bonifant, Coffman, Balbin, Taylor and Fultz pled guilty to federal charges and have been sentenced.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that CLEVELAND will likely serve all of the time imposed by the court. In the federal system, CLEVELAND 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 Billings Big Sky Safe Streets Task Force, the Billings Police Department, and the Federal Bureau of Investigation.
Wilma Jamie Rae Hoyt 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 August 27, 2013, before Chief U.S. District Judge Dana L. Christensen, WILMA JAMIE RAE HOYT, a 29-year-old resident of Browning, was sentenced to a term of:
Prison: 60 months
Special Assessment: $100
Supervised Release: 4 years
HOYT 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 Ryan G. Weldon, the government stated it would have proved at trial the following:
On February 23, 2012, "X.X." and HOYT were arrested in Browning. X.X. was arrested because he had a state warrant out for his arrest. HOYT was arrested for a federal warrant because she violated conditions of her supervised release. At the time of the arrest, law enforcement collected $600 in U.S. currency from X.X. The money was claimed to be from X.X.'s "tax return."
When interviewed, HOYT stated that she first became romantically involved with X.X. in approximately 2009 or 2010. Both X.X. and HOYT were initially "clean," but X.X. lost his job, and they were in need of money to maintain their household and take care of their children. HOYT admitted that is when they began selling methamphetamine for income.
In approximately February or March of 2011, HOYT admitted that individuals approached her and X.X., requesting that they sell methamphetamine. X.X. and HOYT complied with such a request, and this relationship lasted until January of 2012. X.X. and HOYT would receive three grams of methamphetamine at a time. HOYT estimated that she received methamphetamine, to sell, every week, and the longest without receiving drugs was three weeks.
HOYT explained that, after selling for awhile, she met another methamphetamine dealer, who provided her and X.X. with a higher-quality methamphetamine. This new dealer initially provided them with a "weighed out gram" of methamphetamine, which they would break down and sell. However, as the relationship grew, so did the amounts that the new distributor provided. For example, the new distributor eventually provided HOYT and X.X. with a "weighed out eight ball." In total, HOYT stated that the new distributor provided them a "weighed out gram" on six occasions and a "weighed out eight ball" on three occasions.
Law enforcement interviewed X.X. the day after interviewing HOYT. X.X. also admitted that he began selling methamphetamine, and stated that such sales began from late December 2010, until approximately June 2011. X.X. provided specifics as to amounts sold and prices paid to the distributors.
The FBI interviewed various "customers" of HOYT and X.X.. These individuals confirmed that HOYT and X.X. sold methamphetamine, and the amounts of the conspiracy involved more than 50 grams of a substance containing a detectable amount of methamphetamine.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that HOYT will likely serve all of the time imposed by the court. In the federal system, HOYT 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 ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on August 27, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individuals were arraigned:
FRED THEODORE BISHOP, a 59-year-old resident of Lodge Grass, appeared on charges of assault with a dangerous weapon and assault resulting in serious bodily injury. He is currently detained. If convicted of these charges, BISHOP faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release on each charge. Assistant U.S. Attorney Lori Harper Suek is the prosecutor for the United States. The investigation was conducted by the Bureau of Indian Affairs.
DEREK DEFOREST RHINEHART, a 31-year-old resident of Billings, appeared on charges of conspiracy to possess with the intent to distribute methamphetamine and possession with the intent to distribute methamphetamine. He is currently detained. If convicted of these charges, RHINEHART 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. Assistant U.S. Attorney Joseph E. Thaggard is the prosecutor for the United States. The investigation was conducted by the City-County Special Investigations Unit.
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 ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on August 27, 2013, before U.S. Magistrate Judge Keith Strong, the following individuals were arraigned:
KERMIT "CASH" MORSETTE, a 32-year-old resident of Box Elder, appeared on a charge of aggravated sexual abuse/aiding and abetting. He is currently detained on special conditions. If convicted of this charge, MORSETTE faces possible penalties of life in prison, a $250,000 fine, and 5 years supervised release. Assistant U.S. Attorney Danna R. Jackson is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
IRAN MICHAEL KESSELMAN, a resident of Philadelphia, Pennsylvania, appeared on a charge of conspiracy to possess with the intent to distribute methamphetamine. He is currently detained. If convicted of this charge, KESSELMAN faces possible penalties of 20 years in prison, a $1,000,000 fine, and 3 years supervised release. Assistant U.S. Attorney Paulette L. Stewart is the prosecutor for the United States.
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.
Gerald Christopher Calf Boss Ribs 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 August 27, 2013, before U.S. Magistrate Judge Keith Strong, GERALD CHRISTOPHER CALF BOSS RIBS, a 30-year-old resident of Browning and an enrolled member of the Blackfeet Tribe, pled guilty to assault resulting in serious bodily injury. Sentencing has been set for December 12, 2013. He is currently detained.
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 August 23, 2011, at approximately 1:30 a.m., the victim and a witness were sitting on a ledge near the Town Pump in Browning. CALF BOSS RIBS approached the victim and hit him in the face.
CALF BOSS RIBS repeatedly hit the victim in the face, arms, and body. The victim stated that while he was defending himself, he had his hands raised and CALF BOSS RIBS bit one of his fingers and broke two others. The victim stated that he was knocked unconscious for a short period of time. After waking up, he started crawling until he could walk. Once able to walk, he walked to the hospital for treatment.
The witness explained to law enforcement that he was with the victim during the assault. The witness stated that CALF BOSS RIBS came out of nowhere and hit the victim. The witness left the scene because he did not want to be attacked by CALF BOSS RIBS.
When interviewed, CALF BOSS RIBS stated that he had met up with the victim earlier and that CALF BOSS RIBS had walked into an alley where he encountered "X.X." and several of "X.X.'s" friends. CALF BOSS RIBS stated that "X.X." "jumped" him. As CALF BOSS RIBS was being attacked, the victim stood by and watched, without helping. CALF BOSS RIBS advised that he was angry when the victim did not assist him as he was being attacked. CALF BOSS RIBS eventually left the beating and began to panhandle for more beer money. CALF BOSS RIBS then admitted that he met up with the victim later and "clocked" him in the head.
When at the hospital, the victim described his pain as a ten out of ten, with ten being the worst. After receiving a CT Scan, the victim was found to have fractures in his lateral orbital wall and his cheek bone. The plastic surgeon who treated the victim performed surgery on the victim four days after the assault. The surgeon described the injuries as "one of the most severe facial fractures" she had seen. All of the bones in the upper left side of the face were broken.
The assault occurred within the exterior boundaries of the Blackfeet Indian Reservation.
CALF BOSS RIBS 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.
Steven William Carpenter, Suzette Gulyas Gal, and Andras Zoltan Gal 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 August 26, 2013, before U.S. District Judge Sam E. Haddon, STEVEN WILLIAM CARPENTER, age 56, SUZETTE GULYAS GAL, age 55, and ANDRAS ZOLTAN GAL, age 22, residents of California, were sentenced as follows.
STEVEN WILLIAM CARPENTER was sentenced to a term of:
Prison: 188 months
Special Assessment: $300
Restitution: $675,406.62
Supervised Release: 3 years
ANDRAS ZOLTAN GAL was sentenced to a term of:
Prison: 72 months
Special Assessment: $300
Restitution: $675,406.62
Supervised Release: 2 years
SUZETTE GULYAS GAL was sentenced to a term of:
Prison: 120 months
Special Assessment: $300
Restitution: $675,406.62
Supervised Release: 3 years
STEVEN WILLIAM CARPENTER, SUZETTE GULYAS GAL, and ANDRAS ZOLTAN GAL were found guilty of the following:
Count I: Conspiracy to Commit Fraud
Count II: Investment Fraud and Wire Fraud
Count III: Investment Fraud and Wire Fraud
In addition, SUZETTE GAL was sentenced to 6 months prison, to run concurrently, after having been found guilty at a second trial of contempt of court.
At trial, the following evidence and testimony was presented to the jury.
The above-named defendants worked together to solicit funds from the elderly, the infirm, and the gullible by persuading these individuals to invest in fraudulent and fictitious oil and gas investment opportunities on the Fort Peck Indian Reservation.
While the defendants initially obtained legitimate oil and gas leases on the Fort Peck Indian Reservation, those rights were terminated on October 5, 2007, for failure to make the required lease payments. Moreover, the defendants never made any legitimate payment to establish or further an oil or gas venture on the Fort Peck Indian Reservation.
Despite all of the above, the defendants bilked investors into paying well in excess of half a million dollars in a non-existent venture. The case involved over fifty victims, most of whom struggled to make ends meet even before losing money to the fraud. All while the victims suffered, the defendants enjoyed a life of luxury, took extravagant vacations, and basked in the fruits of their fraud.
Today's sentencings of Steven Carpenter, Suzette Gal, and Andras Gal sends an important message to professional telemarketers who prey on the country's elderly, desperate, and gullible. The only way to stem the tide of these predators is to let them know that when they are caught the consequences will be significant. The United States Attorney's Office will continue every effort and enlist every resource to identify and prosecute those who enrich themselves by defrauding others. This investigation, which involved hundreds of man hours of undercover operations, surveillance, forensic document examination, and witness interviews, was a near perfect cooperative effort between the Federal Bureau of Investigation and the Department of Interior's Office of Inspector General. Rarely do we see such seamless and effective coordination of agency efforts. I want to commend the excellent work done by our trial lawyers, AUSAs Carl Rostad and Ryan Weldon who tried the case on behalf of the United States, and investigators who conducted an extraordinary investigation." U.S. Attorney Michael W. Cotter.
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 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 and the Federal Bureau of Investigation.
Sam Vernon Windy Boy, 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 August 16, 2013, before Chief U.S. District Judge Dana L. Christensen, SAM VERNON WINDY BOY, JR., a 68-year-old resident of Box Elder and an enrolled member of a federally recognized tribe, was sentenced to a term of:
- Prison: 63 months
- Special Assessment: $100.00
- Supervised Release: 10 years
WINDY BOY was sentenced in connection with his guilty plea to abusive sexual contact.
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
In August of 2012, WINDY BOY was in his home alone with the 9-year-old victim. WINDY BOY approached the victim in the living room/kitchen area and made sexual contact.
The offense 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 WINDY BOY will likely serve all of the time imposed by the court. In the federal system, WINDY BOY 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.
Oney Joseph Baker 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 August 16, 2013, before Chief U.S. District Judge Dana L. Christensen, ONEY JOSEPH BAKER, a 39-year-old resident of Great Falls, was sentenced to a term of:
- Prison: 210 months
- Special Assessment: $100.00
- Supervised Release: 5 years
BAKER was sentenced in connection with his guilty plea to being a felon-in-possession of firearms and an armed career criminal.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
On August 17, 1999, BAKER was sentenced in U.S. District Court to 51 months imprisonment after a jury found him guilty of conspiracy to distribute a controlled substance, possession with intent to distribute a controlled substance, and distribution of a controlled substance. The sentence of imprisonment was to be followed by three years of supervised release, wherein the court ordered BAKER to not own or possess a firearm.
On October 30, 2002, the Montana Eight Judicial District Court in Cascade County sentenced BAKER for the crime of felony criminal possession of dangerous drugs. Specifically, the court sentenced BAKER to three years to the Department of Corrections, and ordered Baker to not own, possess, or be in control of any firearms or deadly weapons.
On April 27, 2007, the Montana Eighth Judicial District Court in Cascade County sentenced BAKER for three felony convictions: assault with a weapon, theft, and robbery. The three convictions were from different cases, however, they were resolved in one global plea agreement and sentencing. The court sentenced BAKER to ten years imprisonment at the Montana State Prison. It also specifically ordered that he "shall not own, possess, or be in control of any firearms or deadly weapons."
On July 8, 2012, around 3:09 pm, Great Falls police officers were dispatched to Bobo's Casino for a report of an armed robbery. Officers arrived at Bobo's and spoke with an employee of the casino. The employee said she had been throwing trash away when a man entered the casino through the east side door. She turned toward the man and he pointed a small black handgun at her head. The man, described as a Native American male, approximately 5'9" and 160 pounds, yelled, "give me the money, bitch!" The employee emptied the money in her apron, which contained approximately $300 to $400 dollars in cash. The man became upset and said, "that's, not all there is, bitch!" The employee opened the cash register. The register contained only loose change and the man tossed the register in anger once he saw it did not contain any cash. He ran out of the same east side door, got into a green minivan, and drove off at a high rate of speed.
The manager of Bobo's Casino arrived shortly thereafter and pulled up the surveillance video of the time of the robbery. Officers observed that the robbery took place exactly as the employee had described. Detectives then began to investigate the robbery, and numerous tips were called in to the police department.
The next day a concerned citizen called the police and stated there was a suspicious green minivan parked on the street that he had not seen the previous evening. Officers responded to the report of the suspicious car. They believed the parked minivan matched the description of the minivan used in the robbery. After again viewing the surveillance video, the officers found the minivan in the video was clearly the minivan parked on the street.
Numerous other tips continued to be reported. The tips and further investigation indicated that BAKER had robbed the casino.
On July 18, 2012, law enforcement observed BAKER leave a house carrying a dark colored piece of rolling luggage and a blue duffel bag. BAKER was with two other individuals. Law enforcement began to follow the car once BAKER drove away. At one point, BAKER tried to conceal the car by driving into an alley. A Deputy U.S. Marshal turned on his top lights and siren to initiate a traffic stop and the car immediately fled at a high rate of speed through neighborhood streets.
The car stopped at an apartment complex and all three people fled on foot. Police caught the other individuals, but BAKER had fled through the neighborhoods. Law enforcement yelled at BAKER to stop running and he refused to stop. BAKER dropped the duffel bag near a garage as he ran. A neighbor recovered the duffel bag and provided it to police. Three detectives finally apprehended BAKER who had to be held down by all three men.
Detectives searched the duffel bag they recovered from BAKER, as well as the vehicle. The detectives recovered a Lorcin, model L380, .380 caliber semi-automatic pistol from the front passenger seat floorboard. This pistol had been in BAKER's possession, and it contained seven rounds of .380 caliber ammunition, including one round that was in the chamber. A search of the duffel bag revealed a fully loaded Mossberg, model 500A, 12 gauge pump action shotgun. Law enforcement seized five rounds of 12 gauge ammunition from the shotgun. Detectives also found 25 rounds of 20 gauge ammunition and 18 rounds of .380 caliber ammunition in the duffel bag.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BAKER will likely serve all of the time imposed by the court. In the federal system, BAKER 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 Great Falls Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Joscayne Denny 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 August 16, 2013, before Chief U.S. District Judge Dana L. Christensen, JOSCAYNE DENNY, a 33-year-old resident of Box Elder, was sentenced to a term of:
- Prison: 20 months
- Special Assessment: $200.00
- Supervised Release: 3 years
DENNY was sentenced in connection with his guilty plea to distribution of a controlled substance.
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 March 30, 2012, DENNY knowingly gave two girls methamphetamine. Both girls smoked the methamphetamine out of a broken lightbulb. One girl was taken to the Northern Montana Hospital shortly after she ingested the methamphetamine. A toxicology report showed amphetamine was in her system.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that DENNY will likely serve all of the time imposed by the court. In the federal system, DENNY 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.
David Ronald Evans, Sr. 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 August 16, 2013, before Chief U.S. District Judge Dana L. Christensen, DAVID RONALD EVANS, SR., age 54, was sentenced to a term of:
- Prison: 6 months
- Special Assessment: $100.00
- Supervised Release: 3 years
EVANS was sentenced in connection with his guilty plea to being a felon-in-possession of a firearm.
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
On May 24, 1994, EVANS received a felony conviction and was therefore prohibited from possessing firearms.
On October 1, 2011, EVANS was pulled over near Glasgow for suspected drunk driving. During his interaction with law enforcement, EVANS admitted he had a firearm and removed it from his person. The firearm was a Walther/Smith & Wesson, model PK380, .380 caliber semi-automatic pistol. The firearm had been transported from one state to another.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that EVANS will likely serve all of the time imposed by the court. In the federal system, EVANS 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.
Theodore Edward Whitford, 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 August 15, 2013, before Chief U.S. District Judge Dana L. Christensen, THEODORE EDWARD WHITFORD, JR., a 27-year-old resident of Box Elder and an enrolled member of the federally recognized Chippewa Cree Indian Tribe, was sentenced to a term of:
- Prison: 20 months
- Special Assessment: $100.00
- Supervised Release: 3 years
WHITFORD 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 April 8, 2011, WHITFORD turned the vehicle he was driving west into the Northern Winz Casino parking lot and was struck by another vehicle traveling north on Highway 87. This vehicle had the right-of-way.
A toxicology report indicated that WHITFORD had a BAC of .265 and screened positive for both opiates and THC. The crash occurred within the exterior boundaries of the Rocky Boy's Indian Reservation.
As a result of the crash, a passenger in the other vehicle was seriously injured. The passenger was diagnosed with a hip fracture and required hospitalization.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that WHITFORD will likely serve all of the time imposed by the court. In the federal system, WHITFORD 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, Hill County Sheriff's Office, and the Rocky Boy's Police Department.
Mark Edwin Abresch 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 August 16, 2013, before U.S. District Judge Dana L. Christensen, MARK EDWIN ABRESCH, a 54-year-old resident of Great Falls, was sentenced to a term of:
- Prison: 72 months
- Special Assessment: $100.00
- Supervised Release: 5 years
ABRESCH 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 Jessica A. Betley, the government stated it would have proved at trial the following:
During January 2012, law enforcement was alerted to a methamphetamine distribution ring from Washington state to Great Falls.
In June 2012, detectives learned that ABRESCH made repeated trips from Great Falls to Washington to obtain methamphetamine to re-sell in Great Falls.
On June 29, 2012, a CI (confidential informant) informed the drug task force that ABRESCH was returning to Great Falls from Washington with methamphetamine. The task force arranged for a controlled drug buy from ABRESCH in Great Falls. The CI purchased methamphetamine. The CI then continued to make numerous controlled drug buys from ABRESCH over the next few days.
Law enforcement located ABRESCH's car in early July 2012 and the task force tracked his car from Great Falls to Spokane, Washington. The car stayed in Spokane for less than two hours before returning to Great Falls. Law enforcement initiated a traffic stop of the car just outside of Great Falls and they obtained two ounces of methamphetamine from ABRESCH. He then told law enforcement he had traveled to Spokane to buy methamphetamine from "Bert." He had been supplied by Bert, who was identified as Robert Boucher, since February or March 2012. In total, ABRESCH believed he had obtained and distributed approximately ten ounces of methamphetamine that he received from Boucher.
ABRESCH told law enforcement that Boucher provided him with a GPS system in order for him to find Boucher's house in Spokane. Once ABRESCH obtained the methamphetamine from Boucher, he would sell the methamphetamine by the gram for $100 around Great Falls. Boucher sold the methamphetamine to ABRESCH for $1,400 per ounce.
ABRESCH and Boucher also dealt methamphetamine with Ron Leeson and Tammy Lapie from Lapie's house in Great Falls. The methamphetamine dealing continued into the fall of 2012.
Robert Boucher, Ron Leeson, and Tammy Lapie pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ABRESCH will likely serve all of the time imposed by the court. In the federal system, ABRESCH 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 High Intensity Drug Trafficking Area (HIDTA) Task Force - Russell County Drug Task Force.
Louis Michael Healy 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 August 15, 2013, before Chief U.S. District Judge Dana L. Christensen, LOUIS MICHAEL HEALY, a 40-year-old resident of Hays and an enrolled member of the Fort Belknap Tribes, was sentenced to a term of:
- Prison: 327 months
- Special Assessment: $300.00
- Supervised Release: 20 years
HEALY was sentenced after a federal district court trial in which he was found guilty of assault resulting in serious bodily injury, aggravated sexual abuse, and abusive sexual contact.
At trial, the following evidence and testimony was presented to the jury.
On October 13, 2012, the victim drove HEALY to the store where he bought several black cans of Smirnoff. After leaving the store, the victim drank a little from a can, and HEALY drank one can very quickly. They drove to a hill where HEALY drank two or three more cans of Smirnoff. The victim drank an additional can. HEALY then asked the victim to marry him. The victim replied that she would not marry HEALY unless he could prove he had ceased speaking with his ex-girlfriend.
HEALY and the victim returned to his home on the Fort Belknap Indian Reservation. They turned on HEALY's computer and the victim read e-mails that indicated HEALY was still speaking with his ex-girlfriend. The victim was sitting in a rolling computer chair. She became upset and HEALY grabbed her neck with his right hand and pushed her across the floor in the chair. Due to the force of the push, she crashed and hit her head. When she awoke, HEALY had his hand on her throat applying pressure. He then walked to the kitchen and grabbed a knife. HEALY stood over the victim, placed the knife to her throat, and told her to get up.
The victim began to cry, her throat hurt, and HEALY told her to get into the bedroom. He instructed her to lie down and said, "if you don't stop **** crying, you know what you're going to get and we both aren't coming out of the room, so stop **** crying." At that point, the victim believed HEALY was going to kill her. The victim continued to complain that her throat hurt so HEALY went to the kitchen where he returned with water and a popsicle. She then began to vomit due to the drinking or strangulation she had experienced. According to the victim, she spoke with HEALY for a little bit while sitting on the bed until HEALY grabbed her and sexually assaulted her while she continued to tell him to stop. HEALY then told the victim to get back on the computer and instructed her to tell his ex-girlfriend that the victim was going to leave her alone.
HEALY went to the bathroom after this instruction. The victim decided this was her chance to escape and she ran out of the house to the next door neighbor's home. HEALY realized the victim had run away and he chased after her, but she got inside the neighbor's home safely.
The neighbors testified that they had awoken at approximately 4:00 a.m. to someone pounding on the door. The victim was at the door very upset and trying to get inside. The victim was crying and saying her boyfriend was trying to kill her. He had held a knife to her throat and she said, "he's going to kill me."
When law enforcement arrived at HEALY's home, HEALY was walking and carrying two black bags. HEALY was ordered to stop and HEALY turned around and yelled, "**** you." The police ordered HEALY to the ground and pepper sprayed him in an effort to subdue him.
An ambulance arrived and transported the victim to the hospital where a nurse immediately assessed that the victim had trouble swallowing due to strangulation. The nurse noted the left side of the victim's throat had a few areas of linear petechial, which is bruising around the throat. She applied ice and the victim told the nurse she was sexually assaulted and strangled. The hospital also performed a sexual assault examination. The victim ended up returning to the hospital a few days later due to continued throat pain and inability to swallow.
Assistant U.S. Attorney Jessica A. Betley prosecuted the case for the United States.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that HEALY will likely serve all of the time imposed by the court. In the federal system, HEALY 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.
Jourden St. Marks 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 August 15, 2013, before Chief U.S. District Judge Dana L. Christensen, JOURDEN ST. MARKS, a 23-year-old resident of the Rocky Boy's Reservation and an enrolled member of the federally recognized Chippewa Cree Indian Tribe, was sentenced to a term of:
- Prison: 33 months
- Special Assessment: $100.00
- Supervised Release: 3 years
ST. MARKS 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 January 1, 2013, ST. MARKS caused the victim, a 1-month old baby at the time, to incur serious injuries. ST. MARKS admitted that after trying to soothe the baby, he became frustrated with her and threw the baby at the end of the bed. According to ST. MARKS, the baby bounced off the pillows at the end of the bed and landed on the linoleum. The incident occurred within the exterior boundaries of the Rocky Boy's Indian Reservation.
As a result, the baby was transported to Northern Montana Hospital and then transported by Mercy transport to the pediatrics unit at Benefis Hospital in Great Falls. The infant suffered severe swelling to the face, her eyes were swollen and she had petchia on the eyes, around her nose, and inner portion of her ear. She had substantial bruising to the face, from the top of her sternum down to her belly button, on the right side of her rib cage. The infant's gums, tongue, and inner cheeks of her mouth were bruised. There was dried blood inside her mouth. A CT scan showed that her brain had bled. Her fingernails were bluish in color, indicating a lack of oxygenation.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ST. MARKS will likely serve all of the time imposed by the court. In the federal system, ST. MARKS 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.
Dale Drew Old Horn, Allen Joseph Old Horn, and Shawn Talking Eagle Danforth Found Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that on August 16, 2013, in Billings, after a federal district court trial before U.S. District Judge Sam E. Haddon, DALE DREW OLD HORN, a 68-year-old resident of Crow Agency, was found guilty of conspiracy to defraud the Crow Tribe, corrupt diversion of tribal revenues, theft from an organization receiving federal funding, and theft from an Indian Tribal Organization. ALLEN JOSEPH OLD HORN, a 40-year-old resident of Crow Agency, was found guilty of conspiracy to defraud the Crow Tribe, corrupt diversion of tribal revenues, theft from an organization receiving federal funding, theft from an Indian Tribal Organization, extortion involving a federally funded program, and federal income tax fraud. SHAWN TALKING EAGLE DANFORTH, a 37-year-old resident of Billings, was found guilty of conspiracy to defraud the Crow Tribe, corrupt diversion of tribal revenues, theft from an organization receiving federal funding, and theft from an Indian Tribal Organization. Sentencing for all of the defendants is set for December 10, 2013. Each defendant is currently released on special conditions.
Assistant U.S. Attorney Carl E. Rostad prosecuted the case for the United States.
Each defendant faces possible penalties of up to 20 years in prison, up to a $250,000 fine and 3 years supervised release.
The investigation was conducted by a team of agents and auditors working with
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.
Christopher Pete Torres, 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 August 15, 2013, before Chief U.S. District Judge Dana L. Christensen, CHRISTOPHER PETE TORRES, JR., a 37-year-old resident of Havre, was sentenced to a term of:
- Prison: 54 months
- Special Assessment: $100.00
- Supervised Release: 5 years
TORRES was sentenced in connection with his guilty plea to possession with intent to distribute cocaine.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
On February 14, 2012, a Havre police officer stopped TORRES' truck for speeding. As the officer approached the truck, he noticed TORRES was digging around the passenger seat and appeared to be moving something around. TORRES was the only person in the vehicle. When the officer got to the front driver's window, TORRES was shaking and smoking a cigarette. He would not make eye contact and he spoke in a nervous tone. The officer asked TORRES to step out of the truck while they waited for a K-9 unit to arrive. TORRES told the officer he had marijuana in the truck. He then added there were other drugs, as well as a handgun in the truck. Specifically, TORRES said there were a couple eight-balls of methamphetamine and cocaine.
The DEA lab analyzed the methamphetamine and cocaine. The lab concluded the methamphetamine was approximately 99% pure and contained 9.6 grams of actual (pure) methamphetamine. There was a net weight of 13.2 grams of cocaine, with 4.2 grams of actual cocaine.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that TORRES will likely serve all of the time imposed by the court. In the federal system, TORRES 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 Havre Police Department and the Tri-County Drug Task Force.
Yvonne Owens-Morris 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 August 8, 2013, before Chief U.S. District Judge Dana L. Christensen, YVONNE OWENS-MORRIS, a 48-year-old resident of Hungry Horse, was sentenced to a term of:
Prison: 8 months
Special Assessment: $100
Restitution: $82,587.82
Supervised Release: 3 years
OWENS-MORRIS was sentenced in connection with her guilty plea to theft of government money.
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:
On May 8, 2008, OWENS-MORRIS applied for Supplemental Security Income (SSI) benefits in Kalispell. During the application, OWENS-MORRIS was asked whether she had sold, transferred title, disposed of or given away any money or other property in the past three years. OWENS-MORRIS was also asked about any income she received or expected to receive beginning April 2008.
According to her application, OWENS-MORRIS received $300 a month from her sister from April 2008 to May 2008 and $300 a month on a continuing basis from her parents. Aside from food stamps, two vehicles valued together at $4,500, and a bank account containing $100, OWENS-MORRIS indicated that she had no other financial resources. OWENS-MORRIS declared under penalty of perjury that the information she provided was true.
SSA conducted eligibility reviews with OWENS-MORRIS on September 21, 2009; October 26, 2009; and December 8, 2009. On each occasion OWENS-MORRIS reported owning assets valued at less than $9,000 and monthly income of $600 or less.
OWENS-MORRIS in fact owned assets and received income that made her ineligible to receive SSI. A year prior to applying for SSI, on May 11, 2007, OWENS-MORRIS deeded to her sister a property in Kalispell known as the Dumas Walker Cowboy Bar. Her sister later signed a power of attorney permitting OWENS-MORRIS to make real estate transactions concerning the property, and on January 14, 2008, OWENS-MORRIS, acting under the power of attorney, sold the property for $200,000. From January 2008 to June 2008, her sister sent OWENS-MORRIS approximately $87,000.
On March 22, 2008, OWENS-MORRIS fell and suffered a back injury on her mother-in-law's property. OWENS-MORRIS settled with her mother-in-law's home owner's insurance. On July 22, 2008, she received a $101,000 check.
From July 2008 to June 2009, OWENS-MORRIS held a UBS investment account. In July 2008, the account held a total of $2,666.
On October 18, 2008, OWENS-MORRIS's mother died. On April 16, 2009, OWENS-MORRIS, as her mother's court appointed representative, deeded a property in Refugio, Texas from her mother to herself and her father. County tax records value the property at $47,170.
In total OWENS-MORRIS received $24,622.04 in SSI benefits to which she was not entitled. Under an agreement between SSA and the State of Montana, whenever an applicant qualifies for SSI, that applicant is also eligible to receive Medicaid benefits. From April 2008 and continuing into 2011, Montana Medicaid paid out in excess of $40,000 in benefits to OWENS-MORRIS's medical providers to which OWENS-MORRIS was not entitled.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that OWENS-MORRIS will likely serve all of the time imposed by the court. In the federal system, OWENS-MORRIS 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 Social Security Administration - Office of Inspector General.
William Forrest Paul 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 August 8, 2013, before Chief U.S. District Judge Dana L. Christensen, WILLIAM FORREST PAUL, a 29-year-old resident of Butte, was sentenced to a term of:
Prison: 120 months
Special Assessment: $100
Supervised Release: 5 years
PAUL was sentenced in connection with his guilty plea to conspiracy to distribute 500 or more grams of methamphetamine.
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:
Since November 2010, agents from Homeland Security Investigations and the Butte Silver Bow Law Enforcement Agency have been investigating the distribution of methamphetamine in and around Butte by PAUL and others, including Gary Sheffield, Julie White, Angella Parker, Michael Young, and Paul Tizio.
On January 5, 2011, based on information obtained during that investigation, law enforcement officers searched Sheffield's car and the Sheffield/White residence in Butte. From the house they seized baggies of meth, surveillance cameras, drug paraphernalia, and a Fed-Ex receipt with Parker's name on it. The officers found more meth in Sheffield's possession during a search of his person and his car outside a nearby casino.
Also on January 5, 2011, before the search of Sheffield and White's residence, Parker was stopped for a traffic violation and admitted to having just purchased an "8-ball" of meth from Sheffield. She also admitted that during the course of the conspiracy she had received packages of methamphetamine from Tizio in Arizona that were intended for Sheffield and had shipped money to Arizona as payment for the drugs.
Following the events of January 5, 2011, law enforcement officers conducted interviews of various witnesses and learned that Tizio was obtaining methamphetamine in Arizona and shipping or otherwise arranging for the transportation of the drugs to Butte. In order to pay for the meth, money was shipped back to Tizio in Arizona, delivered to him in person, or deposited into his bank account. PAUL's role in the conspiracy was two-fold. He assisted in the transportation of methamphetamine and money between Arizona and Butte, and he also distributed quantities of methamphetamine in and around Butte that he and Sheffield had received from Tizio in Arizona. Among the records that law enforcement obtained during the investigation was a FedEx airbill documenting PAUL's shipment of a package to Tizio on November 18, 2010.
Gary Sheffield, Julie White, Angella Parker, Michael Young, and Paul Tizio pled guilty to federal charges and have been sentenced.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that PAUL will likely serve all of the time imposed by the court. In the federal system, PAUL 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 Homeland Security Investigations, the Butte-Silver Bow Law Enforcement Agency and the Silver Bow County Sheriff's Office.
Ronald Jay Miller 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 August 9, 2013, before Chief U.S. District Judge Dana L. Christensen, RONALD JAY MILLER, a 56-year-old resident of Helena, was sentenced to a term of:
Prison: 120 months, consecutive to another sentence
Special Assessment: $100
Forfeiture: computer and firearms
Supervised Release: 20 years
MILLER was sentenced in connection with his guilty plea to access with the intent to view child pornography.
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 2011 until October 18, 2012, MILLER accessed visual depictions of children engaged in sexually explicit conduct on his computer.
Montana Probation and Parole conducted a probation search of MILLER's residence on October 18, 2012, in reference to his possession of firearms at his residence. At that time, MILLER's computer and a number of floppy discs were seized.
While looking for information on MILLER's computer and floppy discs for firearm information, law enforcement located an image of a child engaged in sexually explicit conduct. Forensic examination revealed that MILLER accessed images and videos containing children engaged in sexually explicit conduct using his computer and the Internet. The Internet access dates were between approximately June 2011 and October 2012.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MILLER will likely serve all of the time imposed by the court. In the federal system, MILLER 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 Montana Probation and Parole.
Jamie Lynn Strosky and Homar Renova-Castillo Plead 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 August 8, 2012, before U.S. District Judge Sam E. Haddon, JAMIE LYNN STROSKY, a 33-year-old resident of Shepherd, and HOMAR RENOVA-CASTILLO, a 36-year-old resident of Tucson, Arizona, pled guilty.
STROSKY pled to conspiracy to possess with intent to distribute methamphetamine and distribution of methamphetamine.
RENOVA-CASTILLO pled to conspiracy to possess with intent to distribute methamphetamine and illegal reentry of a deported alien.
Sentencings have been set for December 9, 2012. They are currently detained.
In Offers of Proof filed by Assistant U.S. Attorney Brendan P. McCarthy, the government stated it would have proved at trial the following:
RENOVA-CASTILLO, an alien and citizen of Mexico, was previously convicted in 2000 in Yellowstone County for felony criminal endangerment. RENOVA-CASTILLO was then deported from the United States on January 31, 2002, and left through El Paso, Texas. RENOVA-CASTILLO was subsequently found in the United States. Specifically, on November 19, 2012, RENOVA-CASTILLO was pulled over in a motor vehicle near Park City by law enforcement.
In August of 2012, agents with the Eastern Montana High Intensity Drug Trafficking Area Task Force (EMHIDTA) began investigating the sale of methamphetamine in Billings by STROSKY and RENOVA-CASTILLO.
On August 22, 2012, agents spoke with an individual identified here as "D.N." "D.N." stated that he had made two trips to Idaho with RENOVA-CASTILLO to pick up methamphetamine. "D.N." estimated that they picked up two pounds of methamphetamine each time. "D.N." said that a woman named Jamie was RENOVA-CASTILLO's "right-hand girl."
On September 6, 2012, agents met with a confidential informant (CI) who provided information about STROSKY. The CI stated that STROSKY had been selling methamphetamine since 2000. The CI indicated that STROSKY went to Idaho to obtain methamphetamine. The CI stated that STROSKY got her methamphetamine from a Mexican male named Homar. The CI indicated that approximately two months prior, STROSKY met with RENOVA-CASTILLO and she was "fronted" one ounce of methamphetamine.
On November 6, 2012, the CI met STROSKY at a residence in Billings. STROSKY sold the CI a quarter (1/4) ounce of methamphetamine for $550. STROSKY told the CI that she was paying $21,000 for one pound of methamphetamine. The methamphetamine was later tested at the DEA lab and the actual weight was 7.0 grams.
On November 8, 2012, the CI and STROSKY met in a parking lot in Billings Heights, and the CI purchased methamphetamine from STROSKY for $550. The methamphetamine was later tested at the DEA lab and the actual weight was 6.7 grams.
On November 14, 2012, the CI met STROSKY at STROSKY's residence in Shepherd. The CI purchased meth from STROSKY for $550. The methamphetamine was later tested at the DEA lab and the actual weight was 6.6 grams. Additionally, STROSKY told the CI that she recently had one pound of methamphetamine stolen from a stash house.
On December 7, 2012, the CI made another purchase of methamphetamine from STROSKY at a location in Billings. The methamphetamine was later tested at the DEA lab and the actual weight was 6.8 grams.
On December 11, 2012, STROSKY told the CI that she planned to re-up with "her guy" in the next few days.
On December 21, 2012, agents spoke with "K.V." "K.V." admitted that she stole the pound of methamphetamine that STROSKY kept at her "stash house". "K.V." said that she was told by another individual that "K.S." was "babysitting" the methamphetamine at "K.S.'s" residence in the Billings Heights for STROSKY. "K.V." stated that around November 12, 2012, she and her boyfriend broke into "K.S.'s" residence and stole a safe from the closet in the bedroom. Inside the safe, "K.V." found two bags of methamphetamine, $100 in cash and two watches.
The CI made additional purchases of approximately 1/4 ounce of methamphetamine from STROSKY on January 8th, 22nd, and 29th of 2013 and April 3, 2013.
On February 3, 2013, RENOVA-CASTILLO and his wife were stopped in a motor vehicle near Wickenburg, Arizona and RENOVA-CASTILLO was subsequently arrested. In a statement provided to law enforcement, RENOVA-CASTILLO indicated that he has purchased drugs from his source in Las Vegas, Nevada. He admitted that on two occasions he transported cocaine and methamphetamine from Las Vegas to Billings.
STROSKY faces possible penalties of a mandatory minimum of 5 years and could be sentenced to 40 years, a $5,000,000 fine, and 4 years supervised release on each charge.
RENOVA-CASTILLO faces possible penalties of a mandatory minimum of 5 years and could be sentenced to 40 years, a $5,000,000 fine, and 4 years supervised release on the conspiracy to possess with intent to distribute methamphetamine charge; and possible penalties of 2 years, a $250,000 fine, and 1 year supervised release on the illegal reentry charge.
The investigation was conducted by the Federal Bureau of Investigation Task Force.
Gary Lee Plenty Buffalo 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 August 8, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, GARY LEE PLENTY BUFFALO, a 26-year-old resident of Hardin and an enrolled member of the Crow Tribe, pled guilty to assault resulting in serious bodily injury. Sentencing has been set for November 2, 2013. He is currently detained.
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 January 26, 2013, PLENTY BUFFALO was picking up the victim from work. PLENTY BUFFALO yelled at the victim and began to speed away as she entered PLENTY BUFFALO's vehicle. The argument arose from PLENTY BUFFALO's suspicion that the victim was "acting cute" around other men. As PLENTY BUFFALO drove over a bridge, he continued to yell at her and jerked the steering wheel from side-to-side. The vehicle rolled and the victim was ejected from the passenger seat.
PLENTY BUFFALO waved down two males to help. The two males observed the victim in a ditch unable to move and called the police to report the accident. Police and medical personnel arrived and took the victim to the hospital.
The victim suffered several pelvic fractures. The injuries she suffered met the criteria for serious bodily injury.
PLENTY BUFFALO faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by the Bureau of Indian Affairs.
Curtis Keith Tichenor 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 August 9, 2013, before Chief U.S. District Judge Dana L. Christensen, CURTIS KEITH TICHENOR, a 52-year-old resident of Helena, was sentenced to a term of:
Prison: 246 months, consecutive to another sentence
Special Assessment: $300
Restitution: $4,775
Forfeiture: firearms and ammunition
Supervised Release: 5 years
TICHENOR was sentenced after a federal district court trial in which he was found guilty of robbery affecting commerce, possessing and brandishing a firearm in furtherance of a crime of violence, and being a felon in possession of a firearm.
Assistant U.S. Attorney Timothy J. Racicot prosecuted the case for the United States.
At trial, the following evidence and testimony was presented to the jury.
On the morning of July 14, 2012, TICHENOR robbed the Silver Dollar Bar in Missoula. He entered the bar wearing a blue coat and a mask. He pointed a handgun at the bartender and demanded all of the money from the till. The bartender complied with TICHENOR's demand and gave him approximately $4,775.
TICHENOR left the bar and got into his blue Camaro, which was parked in an alley to the Southwest of the Silver Dollar. His girlfriend was a passenger in the car and TICHENOR told her he had just committed a robbery. He threw the gun, mask, and money into her lap. TICHENOR left Missoula by way of the Orange Street on-ramp and drove west toward Spokane on Interstate 90. Several miles outside of Missoula, he pulled over and hid the coat and mask under some bushes alongside the road.
After he hid the coat and mask, TICHENOR and his girlfriend traveled to Spokane, where they stayed for a few days. TICHENOR used money from the robbery to buy methamphetamine and heroin, which both he and his girlfriend used while they stayed at a hotel in Spokane. After spending a few days in Spokane, TICHENOR and his girlfriend returned to Helena, where both of them lived at that time.
When he got back to Helena, TICHENOR hid the remaining robbery proceeds at his brother's residence. After TICHENOR was arrested in Helena on July 23, 2012, he asked his brother to retrieve the money, give some to his girlfriend, and put some on his books at the Helena jail.
On July 23, 2012, TICHENOR and his girlfriend were arrested outside a hotel in Helena. TICHENOR was in possession of a firearm, which witnesses identified as the same gun used during the robbery of the Silver Dollar Bar nine days earlier.
In late October 2012, information on TICHENOR was provided to law enforcement officers about the robbery in Missoula. Based on that information, the officers were able to find the coat and mask that TICHENOR had hidden after the robbery along I-90 west of Missoula. The bartender from the Silver Dollar Bar identified the coat and mask as the items worn by the perpetrator of the robbery. The bartender also identified the gun seized from TICHENOR following his arrest in Helena on July 23, 2012, as the gun used during the robbery. The firearm was a entury Arms, model P-64, 9 mm handgun.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that TICHENOR will likely serve all of the time imposed by the court. In the federal system, TICHENOR 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, the Helena Police Department, the Lewis & Clark County Sheriff's Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Montana Regional Violent Crime Task. Force investigation.
Maria Lourdes Moe 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 August 8, 2013, before U.S. District Judge Sam E. Haddon, MARIA LOURDES MOE, a 42-year-old resident of Helena, was sentenced to a term of:
Prison: 66 months
Special Assessment: $100
Supervised Release: 4 years
MOE was sentenced after a federal district court trial in which she was found guilty of conspiracy to possess with intent to distribute methamphetamine.
Assistant U.S. Attorney Paulette L. Stewart prosecuted the case for the United States.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MOE will likely serve all of the time imposed by the court. In the federal system, MOE does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation, the Montana Division of Criminal Investigation, the Missouri River Drug Task Force, the Drug Enforcement Administration, and the Spokane Regional Drug Task Force.
Informational: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on August 8, 2013, before U.S. Magistrate Judge Keith Strong, the following individuals were arraigned:
FRANCIS KAY ONSTAD, a 60-year-old resident of Valier, appeared on Counts I, II-XXII, XXIII - XXVIII, and XXX - XXXIII.
DELYLE SHANNY AUGARE, a 57-year-old resident of Browning, appeared on Counts I, II - XXVIII, and XXXIV - XXXVII.
GARY JOSEPH CONTI, a 67-year-old resident of Three Forks, appeared on Counts I, II - XXVIII, and XXIX.
DOROTHY MAY STILL SMOKING, a 64-year-old resident of East Glacier, appeared on Counts I, and II - XXV.
KATHERYN ELIZABETH SHERMAN, a 66-year-old resident of East Glacier, appeared on Counts I, and II - XXV.
CHARLOTTE B. NEW BREAST, a 52-year-old resident of East Glacier, appeared on Counts I, II-XXII, and XXVII.
The defendants pled not guilty to the charges and were released on special conditions.
CHARGES:
Count I: Conspiracy to Defraud The United States
Penalty: 5 years imprisonment, $250,000 fine and 3 years supervised release
Counts II-XXII: Scheme to Defraud the United States and the Blackfeet Tribe/Wire
Penalty: 20 years imprisonment, $250,000 fine and 3 years supervised release
Count XXIII: Federal False Claims Act Conspiracy
Penalty: 10 years imprisonment, $250,000 fine and 3 years supervised release
Count XXIV: Federal False Claims Act
Penalty: 5 years imprisonment, $250,000 fine and 3 years supervised release
Count XXV: Theft of Federal Property by Fraud
Penalty: 10 years imprisonment, $250,000 fine and 3 years supervised release
Counts XXVI & XXVII: Theft from an Indian Tribal Government Receiving Federal Grants
Penalty: 10 years imprisonment, $250,000 fine and 3 years supervised release
Count XXVIII: Money Laundering
Penalty: 10 years imprisonment, $250,000 fine and 3 years supervised release
Count XXIX: Bankruptcy Fraud
Penalty: 5 years imprisonment, $250,000 fine and 3 years supervised release
Counts XXX-XXXII, XXXV: Willful Failure to File Tax Return
Penalty: 1 year imprisonment, $25,000 fine and 1 year supervised release
Counts XXXIII-XXXIV, XXXVI-XXXVII: Income Tax Evasion
Penalty: 5 years imprisonment, $100,000 fine and 3 years supervised release
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 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.