District of Montana
Press releases recorded for this federal judicial district.
Seth Patrick Durnam 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 July 31, 2013, before U.S. District Judge Donald W. Molloy, SETH PATRICK DURNAM, a resident of Bozeman, was sentenced to a term of:
Prison: 52 months
Special Assessment: $100
Supervised Release: 10 years
DURNAM was sentenced in connection with his guilty plea to possession of child pornography.
In an Offer of Proof filed by Assistant U.S. Attorney Tara J. Elliott, the government stated it would have proved at trial the following:
On November 8, 2010, DURNAM was at a residence in Bozeman for a job interview.
On Saturday, November 13, 2010, the homeowner found a 2GB SD card in his driveway. The homeowner called his father who had visited earlier in the day to inquire if the card was his. His father replied that it was not and suggested that he view the images on the card to identify the owner. He did so and found hundreds of images of child pornography, that he described as "naked, under-age boys." When scrolling through the images, the homeowner found a picture of DURNAM, whom he recognized from the earlier job interview. The homeowner contacted law enforcement and turned over the card.
When interviewed by a detective the next day, DURNAM admitted that he "did like images of younger boys" but claimed it was earlier in his life. When the SD card was examined, approximately 300 sexually explicit images and 5 movies of nude prepubescent and early teen boys were found on the card. The images had been copied to the SD card on April 21, 2010, by means of another device. There were also several pictures of DURNAM on the card.
DURNAM possessed images and movies of children clearly prepubescent and children engaged in sadistic or masochistic abuse or other depictions of violence.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that DURNAM will likely serve all of the time imposed by the court. In the federal system, DURNAM 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 Gallatin County Sheriff's Office.
Joseph John Hurd 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 7, 2013, before Chief U.S. District Judge Dana L. Christensen, JOSEPH JOHN HURD, a 22-year-old resident of Missoula, was sentenced to a term of:
Prison: 60 months
Special Assessment: $100
Supervised Release: 5 years
HURD was sentenced in connection with his guilty plea to conspiracy to distribute cocaine.
In an Offer of Proof filed by Assistant U.S. Attorney Tara J. Elliott, the government stated it would have proved at trial the following:
In April, 2012, a Confidential Informant (CI) agreed to cooperate with the FBI regarding his drug trafficking network by providing specific information about his cocaine suppliers in Spokane, Washington and other persons involved in the distribution of cocaine in Missoula. The CI was introduced to HURD and they brokered a deal for the CI to purchase cocaine from HURD.
Beginning in August 1, 2012, the CI met with HURD to conduct a consensually monitored controlled purchase of cocaine and completed the purchase of 7.2 ounces of cocaine for $7,500. The cocaine field tested positive.
On August 23, 2012, the CI again met with HURD to conduct another consensually monitored controlled purchase of cocaine. Prior to the meeting, the CI and HURD agreed to a transaction of 4.5 ounces of cocaine for $5,000. However, the supplier never arrived and the transaction was not completed.
On August 24, 2012, law enforcement conducted an interview with HURD who admitted he was supposed to have received the ten ounces of cocaine from his supplier the previous date. HURD stated his supplier began supplying him with cocaine in January 2012. HURD had traveled to Othello for the first three transactions in January and February paying $1,000 per ounce when he purchased four ounces the first time, six ounces the second time, and six ounces the third time. HURD stated his supplier began traveling to Missoula to deliver the cocaine in February and continued on a nearly weekly basis until he was arrested. HURD estimated his supplier made about thirty trips to Missoula. HURD admitted he sold the cocaine to numerous local persons in Missoula. The total of the cocaine transactions was more than 500 grams.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that HURD will likely serve all of the time imposed by the court. In the federal system, HURD 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 7, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individuals were arraigned:
DONALD RICHARD NISSEN, a 51-year-old resident of Billings, appeared on a charge of conspiracy to possess with the intent to distribute methamphetamine. He is currently detained. If convicted of this charge, NISSEN 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 Brendan P. McCarthy is the prosecutor for the United States. The investigation was conducted by the Eastern Montana High Intensity Drug Trafficking Area (HIDTA) Task Force.
KAYLENE SHANE RED WOLF, a 44-year-old resident of Hardin, appeared on charges of theft from federal government receiving federal funds and theft of federal funds. She is currently released on special conditions. If convicted of these charges, RED WOLF faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release on each charge. Assistant U.S. Attorney Carl E. Rostad is the prosecutor for the United States. The investigation was conducted by a team of agents and auditors working with the U.S. Attorney's Guardians Project, including the Office of Inspector General for the Department of Interior.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on August 6, 2013, before U.S. Magistrate Judge Keith Strong, the following individual was arraigned:
THOMAS ANDREW QUINTON, a 32-year-old resident of Lethbridge, Alberta, appeared on a charge of travel with intent to engage in illicit sexual conduct. He is currently detained. If convicted of this charge, QUINTON faces possible penalties of a 30 years in prison, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Michael S. Lahr is the prosecutor for the United States. The investigation was conducted by the U.S. Department of Homeland Security - Homeland Security Investigations.
The defendant pled not guilty to the charge.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Delbert Dean Spear 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 7, 2013, before Senior U.S. District Judge Jack D. Shanstrom, DELBERT DEAN SPEAR, a 25-year-old resident of Crow Agency and an enrolled member of the Northern Cheyenne Tribe, was sentenced to a term of:
Prison: 33 months
Special Assessment: $100
Supervised Release: 3 years
SPEAR was sentenced in connection with his guilty plea to assault with a dangerous weapon.
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 6, 2012, law enforcement responded to the scene of a stabbing outside of Crow Agency, within the exterior boundaries of the Crow Indian Reservation. An adult male victim had been stabbed approximately seven times in the torso with a knife. The victim was life-flighted to Billings for medical care.
The victim reported that he and a group of people, including SPEAR, were drinking and driving together until the car ran out of gas. Everyone continued drinking until, at some point, the victim and SPEAR started arguing. Both got out of the car, and then SPEAR came at the victim with a knife as he stood beside the car. SPEAR stabbed him multiple times in the chest area until he stumbled and fell. SPEAR then stabbed him in the back area. After the stabbing, the victim walked to a house where he received help.
When questioned, SPEAR admitted that he stabbed the victim and, in a handwritten statement, wrote that he stabbed the victim seven times.
The victim suffered two stab wounds to the right lower chest that deflated his lung and hit his liver, four stab wounds to his right shoulder area, and one stab wound to his right triceps area.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SPEAR will likely serve all of the time imposed by the court. In the federal system, SPEAR 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 Bureau of Indian Affairs and the Federal Bureau of Investigation.
David Russell Hargrove 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 7, 2013, before Senior U.S. District Judge Jack D. Shanstrom, DAVID RUSSELL HARGROVE, a 33-year-old resident of Livingston, was sentenced to a term of:
Prison: 72 months
Special Assessment: $100
Forfeiture: computer
Supervised Release: 30 years
HARGROVE was sentenced in connection with his guilty plea to possession of child pornography.
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:
Between approximately 2010 and December 2011, in Livingston, HARGROVE possessed computer files containing images of child pornography.
After executing a search warrant at HARGROVE's residence, law enforcement analyzed his computer and located and identified child pornography images and videos. HARGROVE admitted to using the peer-to-peer file sharing program Limewire and searching for terms such as "father/daughter." He admitted to knowing some images were child pornography. The images involved prepubescent minors engaged in sadistic or masochistic conduct. During the analysis of HARGROVE's computer, law enforcement also located child pornography in a separate folder on the desktop.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that HARGROVE will likely serve all of the time imposed by the court. In the federal system, HARGROVE 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 Internet Crimes Against Children (ICAC) Task Force.
Press Conference to Follow Arraignments August 8, 2013, at 11:00 A.m. (MDT) in Great Falls, Montana Regarding A Case Investigated as Part of the Guardians Project of the United States Attorney's OfficeRead the Press Release
United States Attorney for the District of Montana Michael W. Cotter, Federal Bureau of Investigation Assistant Special Agent in Charge Scott Vito, Health and Human Services, Office of Inspector General Special Agent in Charge Gerald T. Roy, and Internal Revenue Service, Criminal Investigations Division Assistant Special Agent in Charge Lilia Ruiz and Supervisory Special Agent Brian Payne, will hold a press conference on August 8, 2013, at 11:00 a.m. (MDT) following arraignments. The press conference will be held at the U.S. Attorney's Office, 119 1st Ave. N., #300, in Great Falls, Montana.
The purpose of the press conference will be to comment on the ongoing efforts of the Guardians Project and the extraordinary efforts that have resulted from focused, inter-agency cooperation in the investigation of fraud in Indian Country in Montana.
Coleen Furthmyre 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 July 30, 2013, before Chief U.S. District Judge Dana L. Christensen, COLEEN FURTHMYRE, a 46-year-old resident of Helena (formerly Anaconda), was sentenced to a term of:
Probation: 3 years
Special Assessment: $100
Restitution: $31,243.50
FURTHMYRE was sentenced in connection with her guilty plea to theft of government money.
In an Offer of Proof filed by Assistant U.S. Attorney Timothy J. Racicot, the government stated it would have proved at trial the following:
In November 2011, based on information received from Glacier Bank, the Secret Service and the Department of Housing and Urban Development ("HUD") initiated an investigation into FURTHMYRE for wire fraud and theft of government property. The investigation revealed that FURTHMYRE, then an employee of the Anaconda Housing Authority ("AHA"), had been stealing money from the AHA for approximately two years, primarily in the form of cash deposits received as rent payments for subsidized housing.
FURTHMYRE was interviewed on November 29, 2011, at the Butte-Silverbow Law Enforcement Center. At the outset of the interview, she asked, "This is about the money, isn't it?" She then admitted that over the past year she had taken cash from AHA's rental payments, deposited the money into her checking account, and used it to pay her personal bills. She said she would try to pay back the money she had stolen at the end of each month to balance the books. She initially tried to track the stolen proceeds by writing amounts on a sticky note, but had recently been unable to keep track of how much she had embezzled.
One interviewing agent told FURTHMYRE that he thought she had been stealing money for longer than one year and she replied that it might have started "a couple years ago." She said she deposited most of the stolen funds into her Glacier Bank account, but also put some of the money into her account at First National Bank. FURTHMYRE noted that she rarely deposited cash into her accounts other than the money she had stolen from the AHA. She said no one else was involved with the theft of funds from the AHA and that she had a meeting that night with her boss to explain what she had done. FURTHMYRE thought she owed the AHA about $28,000, and said she tried to obtain a loan to pay back the stolen funds.
After they interviewed FURTHMYRE, the investigating agents interviewed her boss at the AHA. He confirmed that he had a meeting scheduled with FURTHMYRE later that evening, but was not aware of any bookkeeping problems. After that meeting, he called one of the agents and said FURTHMYRE confessed to stealing money and told him she thought she owed the AHA about $33,000. During a second interview with law enforcement, he explained how FURTHMYRE was able to accomplish her theft and still present the appearance of maintaining balanced books. He said that she carried over shortages from previous months into the next month for several years. The AHA has provided a final loss amount of $31,243.50.
The investigation was a cooperative effort between the U.S. Secret Service and the U.S. Department of Housing and Urban Development - Inspector General's Office.
Michael James Franks 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 July 25, 2013, before Chief U.S. District Judge Dana L. Christensen, a 37-year-old resident of Browning, was sentenced to a term of:
Prison: 15 months
Special Assessment: $ 100
Supervised Release: 5 years
FRANKS 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 Ryan G. Weldon, the government stated it would have proved at trial the following:
On December 7, 2000, FRANKS pleaded guilty to sexual intercourse without consent and was ordered to register as a sex offender.
On April 25, 2012, law enforcement found FRANKS at a residence in Blackfoot where he had been living, but was not registered at that address.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that FRANKS will likely serve all of the time imposed by the court. In the federal system, FRANKS 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.
Kole Michael Parsons 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 July 26, 2013, before Chief U.S. District Judge Dana L. Christensen, KOLE MICHAEL PARSONS, a 22-year-old resident of Browning and an enrolled member of the Blackfeet Tribe, was sentenced to a term of:
Prison: 45 days
Special Assessment: $100
Supervised Release: 3 years with first 6 months in residential reenter center
PARSONS was sentenced in connection with his guilty plea to burglary.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
On October 30, 2012, Blackfeet Tribal Security notified the FBI that the Blackfeet Tribal Offices were burglarized over the weekend of October 26, 2012, through October 28, 2012. Multiple items were reported missing, including a 9 mm pistol, a Mac Book Pro laptop, a GPS unit, and a camera.
A Tribal Security officer surveyed the offices and observed signs of forced entry at several locations. The officer then went to review video surveillance for the previous weekend. During the review, the officer observed PARSONS enter the Tribal Offices, pass through the halls, and enter and exit various offices. The officer identified the intruder as PARSONS without hesitation, stating that he "knew it was him right off the bat."
The officer knew PARSONS as he had seen him visit a relative of PARSONS at the office every other day for the last month and had seen PARSONS "around" for approximately four years.
Specifically, the video shows PARSONS holding a laptop, "several duffel bags," and he is seen entering and exiting various offices, either using keys or prying open the doors. PARSONS obtained the keys by stealing them from his relative's purse.
When PARSONS spoke with his relative, he told her that he indeed broke into the Blackfeet Tribal Offices and stole a pistol from the Tribal Security Office. PARSONS then stated that he sold the pistol to a drug dealer while at the grocery store. The gun has not been recovered.
When interviewed by law enforcement, PARSONS admitted that he went to the Tribal Security Office and took a 9 mm pistol, 2 clips, and 2 boxes of bullets. He maintains that he only took a weapon and ammunition-nothing else.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that PARSONS will likely serve all of the time imposed by the court. In the federal system, PARSONS 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.
Thomas Roderick Yallup, 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 July 25, 2013, before U.S. District Judge Dana L. Christensen, THOMAS RODERICK YALLUP, JR., a 30-year-old resident of Box Elder and an enrolled member of the Rocky Boy's Indian Reservation, was sentenced to a term of:
Prison: 33 months
Special Assessment: $100
Supervised Release: 3 years
YALLUP 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. Attorneys Chad C. Spraker and Danna R. Jackson, the government stated it would have proved at trial the following:
On October 15,2011, within the exterior boundaries of the Rocky Boy's Indian Reservation, YALLUP assaulted "X.X." As a result of the assault, "X.X." was injured. The victim suffered bite marks, bruising throughout her body, and had pelvic pain so intense she had difficulty walking. "X.X." experienced extreme physical pain. She was in the emergency room for over five hours and was provided medication for her pain.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that YALLUP will likely serve all of the time imposed by the court. In the federal system, YALLUP 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.
Rodney Lane Cooper 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 July 26, 2013, before Chief U.S. District Judge Dana L. Christensen, RODNEY LANE COOPER, a 50-year-old resident of Havre, was sentenced to a term of:
Prison: 48 months
Special Assessment: $100
Supervised Release: 4 years
COOPER was sentenced in connection with his guilty plea to possession with intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
COOPER has been known throughout the Rocky Boy's and Havre communities to be a source of methamphetamine for the past several years. Law enforcement began their investigation into COOPER in 2011.
On February 25, 2011, the Havre Police Department arranged for a confidential informant (CI) to purchase methamphetamine from COOPER. The CI gave COOPER $140 for methamphetamine. COOPER provided the CI with a substance containing a detectable amount of methamphetamine.
On April 12, 2011, law enforcement again arranged for the same CI to purchase methamphetamine from COOPER. The CI gave COOPER $130 and received a substance from COOPER which contained a detectable amount of methamphetamine.
On March 25, 2012, law enforcement spoke with a witness who stated she had been purchasing methamphetamine from COOPER for the past six years. This witness estimated she purchased approximately 3.5 grams of methamphetamine once per month during that time.
On May 8, 2012, agents spoke with another witness who stated she began purchasing methamphetamine from COOPER in 2003. She purchased approximately a total of 100 grams of methamphetamine from COOPER, with the most recent purchase conducted in March 2012.
Lastly, on July 12, 2012, agents interviewed an additional witness who stated she had purchased approximately 25 grams of methamphetamine from COOPER during a three to four month time period. Law enforcement learned through their investigation that COOPER possessed, with the intent to distribute, over 50 grams of a substance containing a detectable amount of methamphetamine from 2003 through at least the summer of 2012.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that COOPER will likely serve all of the time imposed by the court. In the federal system, COOPER 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 Havre Police Department.
Paul Anthony Rible 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 July 25, 2013, before U.S. District Judge Dana L. Christensen, PAUL ANTHONY RIBLE, a 39-year-old resident of Plentywood, appeared for sentencing. RIBLE was sentenced to a term of:
Prison: 30 months
Special Assessment: $100
Forfeiture: computer
Supervised Release: 10 years
RIBLE was sentenced in connection with his guilty plea to accessing child pornography with the intent to view.
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:
An investigation into RIBLE began when agents determined that an IP address assigned to RIBLE's residence offered known child pornography video files available for download via the Internet from October 12, 2011, through December 13, 2011. An agent viewed some of the files which were available for download and determined they depicted children engaged in sexually explicit conduct.
A search warrant for RIBLE's residence was obtained and served on May 22, 2012. RIBLE was summoned to the Havre Border Patrol station to be interviewed on the day of the search. While agents conducted the search at RIBLE's Plentywood residence, RIBLE was interviewed in Havre.
RIBLE admitted to viewing child pornography on his computers at his residence in Plentywood. He described the images, and his description met the federal definition for child pornography. RIBLE said he used the Internet, his computer, and specific file sharing programs to obtain the images. RIBLE confirmed that he viewed the files listed in the IP activity log which showed the video files available for download between October 12, 2011, and December 13, 2011.
RIBLE also admitted he viewed child pornography on a laptop computer the night before the interview. He produced the laptop computer and a forensic analysis of the laptop produced evidence that RIBLE had visited websites consistent with online viewing of child pornography on May 21, 2012.
No additional evidence was located on the computer or electronic media seized from RIBLE's residence. Agents determined that the computer RIBLE had used to access and view the child pornography had malfunctioned and had been disposed of prior to the search of the residence.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that RIBLE will likely serve all of the time imposed by the court. In the federal system, RIBLE does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the U.S. Department of Homeland Security - Office of Inspector General and the U.S. Department of Homeland Security - Homeland Security Investigations.
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, PSC marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about PSC, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/resources.html and click on the tab "resources."
Hiram Evans 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 July 26, 2013, before U.S. District Judge Dana L. Christensen, HIRAM EVANS, a 30-year-old resident of Browning and an enrolled member of the Blackfeet Tribe, was sentenced to a term of:
Prison: 87 months, concurrent to a prior sentence
Special Assessment: $100
Supervised Release: 5 years
EVANS was sentenced in connection with his guilty plea to sexual abuse.
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 July 27, 2009, the female victim had been drinking with some individuals at a residence in Heart Butte, which is within the exterior boundaries of the Blackfeet Indian Reservation.
The victim eventually went to bed. She woke up to someone hitting her. She recognized the individual as EVANS, who proceeded to sexually assault her. The victim began yelling for her sister and tried to fight him off but he was holding her down. After assaulting her, EVANS left the residence and went to his house.
Law enforcement went to his residence where he was arrested. When questioned, EVANS first denied assaulting the victim but finally admitted that he had although he denied using any force.
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 a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.
Freddy Wayne Jimenez Found Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that on July 25, 2013, in Great Falls, after a federal district court trial before Chief U.S. District Judge Dana L. Christensen, FREDDY WAYNE JIMENEZ, a 40-year-old resident of Browning, was found guilty of (6) counts of assault resulting in serious bodily injury, and (4) counts of assault with a dangerous weapon. Sentencing is set for October 22, 2013. He is currently detained.
At trial, the following evidence and testimony was presented to the jury.
In 2012, JIMENEZ beat and strangled his wife on two occasions. JIMENEZ's wife was left with broken ribs that were floating in her body, a fractured finger, and while strangling her, JIMENEZ said, "I'm gonna hurt you so bad you won't be able to do nothing."
Over a period of years, JIMENEZ also tortured his children. He cut them with machetes, hit them with metal bars, broke beer bottles over them, slammed them into vehicles, and, when they were down, crying in pain, JIMENEZ would say, "You better stand up, you pussy." JIMENEZ even told outsiders that he wanted one of his sons dead and that he was going to kill his entire family. Although JIMENEZ claimed to have never touched his children, other than spanking one of them one time, JIMENEZ wrote a letter wherein he admitted, "I beat up my wife and kids."
Assistant U.S. Attorney Ryan G. Weldon prosecuted the case for the United States.
JIMENEZ faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release on each count.
The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs.
C’erra Dawn Clark 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 July 26, 2013, before Chief U.S. District Judge Dana L. Christensen, C'ERRA DAWN CLARK, a 23-year-old resident of Poplar, was sentenced to a term of:
Prison: 33 months
Special Assessment: $100
Supervised Release: 3 years
CLARK was sentenced in connection with her guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
On March 18, 2012, CLARK became frustrated and shook her infant child. She then threw the infant on the bed. CLARK admitted to law enforcement that she had shaken the baby. Another individual witnessed this, and recalled seeing CLARK shake the baby enough to "really upset him." Shortly after CLARK shook her, the baby began having seizures.
The child was taken to the local hospital then transported out of state to a Colorado children's hospital, where she was diagnosed with retinal hemorrhages and underwent an operative procedure involving the placement of a bilateral subdural-peritoneal shunt. The child's diagnosis for fully-restored sight is "guarded," as described by medical personnel.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that CLARK will likely serve all of the time imposed by the court. In the federal system, CLARK 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 cooperative effort between the Federal Bureau of Investigation and the Fort Peck Tribes Criminal Investigation Division.
Mary Agnes Leider 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 July 24, 2013, before U.S. District Judge Donald W. Molloy, MARY AGNES LEIDER, a 25-year-old resident of Crow Agency and an enrolled member of the Crow Tribe of Indians, pled guilty to second degree murder. Sentencing has been set for October 22, 2013. She is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorneys Jessica T. Fehr and Lori Harper Suek, the government stated it would have proved at trial the following:
On December 3, 2012, at approximately 4:06 a.m., 911 operators from the Big Horn County Sheriff's Office began receiving phone calls that they identified as coming from the area of mile marker 11 on Highway 313, south of Hardin. Operators dispatched law enforcement and an ambulance in response.
When they arrived at the scene, law enforcement found LEIDER and her brother, A.L., sitting off to the side of the road, crying uncontrollably. LEIDER told law enforcement that her baby was "gone", and had been hit by a vehicle. As additional law enforcement officers arrived, there was another 911 call that dispatched additional law enforcement to mile marker 19, Highway 313, to respond to another 911 emergency call regarding a deceased 3-year-old child. Upon arrival at the scene, law enforcement were met by G.D. and her son, W.L. G.D. is the mother of LEIDER, A.L., and W.L. G.D. took an officer to her car, where the officer found a 3-year-old female. The child was examined and appeared to already be deceased. The child was identified as LEIDER's daughter.
Later on that day, law enforcement interviewed G.D. She advised that her daughter, LEIDER, and her two sons had been out partying during the evening of December 2, 2012, and had taken the victim with them. G.D. reported that she had repeatedly called and text-messaged her children in order to have LEIDER come home with the victim, but LEIDER refused. Early in the morning hours of December 3, 2012, G.D. reported that she left to find LEIDER and the victim, and was traveling towards Hardin. As she was traveling north on Highway 313, she saw LEIDER's pickup traveling towards her. Both vehicles stopped, and G.D. saw that LEIDER's pickup was being driven by W.L. W.L. told Ms. Denny that something was wrong with the victim - LEIDER's three-year-old daughter. G.D. saw the victim in the back seat, and realized she was not breathing and not responsive. W.L. told G.D. that LEIDER had thrown the victim from the pickup. When G.D. picked the victim up, she saw blood coming from the back of her head. She called an ambulance and put the victim in her car.
W.L. was interviewed by law enforcement and reported that he was driving LEIDER's pickup early in the morning on December 3, 2012. W.L. reported that LEIDER was seated in the front passenger's seat, with the victim on her lap. At the time, the victim was quiet, but awake. While they were driving south towards St. Xavier, LEIDER opened the front passenger door with her right hand, and threw the victim out of the moving pickup. W.L. and the reconstructionist from the Montana Highway Patrol estimated the truck was traveling between 45 and 51 miles per hour at the time the victim was thrown from the truck. W.L. stopped as fast as he could, and threw LEIDER out of the truck with A.L. W.L. went back down the road behind the truck to where the victim was lying in the roadway. W.L. reported that he knew she was dead, but carried her back to the truck and placed her in the back seat. He began driving towards home, leaving LEIDER and his brother A.L. by mile marker 11 where they were ultimately found by law enforcement a short time later.
Following the arrival of law enforcement at the scene, LEIDER was taken to Hardin Memorial Hospital to have her blood drawn, and for treatment for abrasions to her face. Her blood alcohol level was found to be over a .24 when analyzed by the FBI Laboratory. While there, she alternated between saying, "I killed my baby" and claiming that the group had a car accident and that was how the victim had died. When questioned by law enforcement, LEIDER admitted that she had been driving around and drinking with her brothers, but claimed that she hit her face on the dashboard and could not recall how the victim was killed. LEIDER's pickup was impounded and towed to a law enforcement facility for analysis. The right front passenger door was analyzed by a professional mechanic and it was found that the door functioned properly.
An autopsy was conducted of the victim. Following the autopsy, the victim's probable cause of death was determined to be severe head injuries caused when thrown from a moving motor vehicle.
The crime occurred within the exterior boundaries of the Crow Indian Reservation.
LEIDER faces possible penalties of life in prison, a $250,000 fine and 5 years supervised release.
The investigation was a cooperative effort between the Bureau of Indian Affairs and the Federal Bureau of Investigation.
Martin Lee Roman Nose Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on February 24, 2013, before U.S. District Judge Donald W. Molloy, MARTIN LEE ROMAN NOSE, a 23-year-old resident of Ashland and an enrolled member of the Northern Cheyenne Tribe, was sentenced to a term of:
Prison: 24 months
Special Assessment: $100
Restitution: $231
Supervised Release: 7 years
ROMAN NOSE was sentenced in connection with his guilty plea to sexual abuse of a minor.
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 27, 2011, ROMAN NOSE and his girlfriend came across the 15-year-old victim and took her to their apartment. All three were drinking during the walk to the apartment and at the apartment. At some point, ROMAN NOSE and his girlfriend started to fight. ROMAN NOSE eventually locked her out of the apartment.
ROMAN NOSE and the victim were left alone in the apartment. ROMAN NOSE followed the victim into a bedroom, drank with her, and then sexually abused her.
ROMAN NOSE was interviewed twice. He initially denied sexually abusing the victim. However later he admitted that he did, but recanted again saying that he only made the admission because he believed it was what the agents wanted him to say.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ROMAN NOSE will likely serve all of the time imposed by the court. In the federal system, ROMAN NOSE 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.
Jasper Wade Half 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 July 24, 2013, before Senior U.S. District Judge Jack D. Shanstrom, JASPER WADE HALF, a 37-year-old resident of Crow Agency and an enrolled member of the Crow Tribe of Indians, was sentenced to a term of:
Prison: 15 months
Special Assessment: $100
Supervised Release: 3 years
HALF was sentenced in connection with his guilty plea to assault with a dangerous weapon.
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 May 20, 2011, HALF and the victim were drinking alcohol in Hardin. They left together and were on the off-ramp outside Hardin, when they began to argue. They pulled over and began to fist-fight. The victim beat up HALF. HALF got into his car and drove away across the interstate. He then turned around and returned to the exit. When HALF was on the on ramp, he stopped, pulled out a .22 caliber rifle from the trunk, and shot at the victim. HALF individually loaded the second round and fired again.
Shortly after HALF shot the gun, he was arrested by Big Horn County Sheriff's deputies. HALF initially stated that he had aimed the gun "in the air." Later, HALF reconsidered his previous statement and explained that he had pointed the gun at the victim and then up in the air.
A witness saw the incident and explained that, to her, it looked like HALF was pointing the gun at and shooting at the victim.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that HALF will likely serve all of the time imposed by the court. In the federal system, HALF 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.
Douglas Vance Crooked Arm and Kenneth G. Shane 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, before U.S. District Judge Donald W. Molloy, on July 23, 2013, DOUGLAS VANCE CROOKED ARM, age 36, and on July 24, 2013, KENNETH G. SHANE, age 45, residents of Crow Agency, pled guilty to conspiracy to traffic in eagles and migratory birds and unlawfully trafficking in migratory birds. Sentencing has been set for October 22, 2013. They are currently released on special conditions.
In an Offer of Proof filed by Assistant U.S. Attorney Mark S. Smith, the government stated it would have proved at trial the following:
Operation Hanging Rock" was a U.S. Fish & Wildlife Service investigation into the unlawful sale of migratory bird feathers. As part of that operation, on August 17, 2008, FWS Special Agents (SAs) went to the Crow Fair in Crow Agency. While there undercover, the agents encountered SHANE and his brother-in-law, CROOKED ARM. SHANE gave the agents his contact information and invited them to visit his house.
On November 13, 2008, the agents met with SHANE and CROOKED ARM at SHANE's father's house, south of Garryowen. An agent noticed two golden eagles flying around the area, and said to the other agent, "There's your tail, Liz." SHANE asked "Are you looking for tails?" The agent told SHANE she needed a fan for her dress. SHANE said "My brother-in-law (CROOKED ARM) has got some made, beaded and everything. He likes to hunt and everything." SHANE said "My brother-in-law got some white-tail buck and a muley buck and he is going to leave the carcasses out there." SHANE said CROOKED ARM was "bringing his carcasses out because that's what we're hunting right now," indicating they would put out the carcasses as bait to attract eagles. SHANE also said, "We put the carcass out here and we drive up and ... the black and whites haven't been so good lately, we are waiting for some more snow."
SHANE called CROOKED ARM's cell phone, asked him whether he had any fans for sale. SHANE told CROOKED ARM that the agents might be interested in purchasing them. SHANE then generally pointed out areas where he and CROOKED ARM placed deer and elk carcasses for hunting hawks and eagles. CROOKED ARM arrived at the residence and showed the agents parts of deer carcasses lying in the back of his truck. The agents asked CROOKED ARM if he needed help putting carcasses out, but CROOKED ARM said he could do it himself. One of the agents asked CROOKED ARM how he could get nice deer like those. CROOKED ARM responded, "Poach." The group noticed a golden eagle flying nearby, and SHANE told CROOKED ARM to drop a carcass in that area.
CROOKED ARM then removed one immature golden eagle fan and one magpie fan from his truck cab and showed them to the agents. CROOKED ARM then left to put out the deer carcass. SHANE told the agents he and CROOKED ARM wanted $1,500 for the golden eagle fan and $800 for the magpie fan. SHANE told one of the agents that he and CROOKED ARM had obtained the golden eagle used to make the fan the previous Christmas. The agent paid SHANE $1,500 cash and received the golden eagle fan from him. The agents also placed an order for a magpie fan. One of the agents later saw SHANE give CROOKED ARM a portion of the $1,500 they had paid for the golden eagle fan. SHANE told the agents that CROOKED ARM needed this money to make a payment on his pickup truck. SHANE said he and CROOKED ARM had a good thing going, working hard all winter to kill and trap eagles. SHANE told the agents that CROOKED ARM made regalia to sell while he stayed home taking care of his kids, and this helped the family get by during the winter.
On January 29, 2009, an agent called SHANE, and SHANE said he and CROOKED ARM were still putting out deer and elk carcasses to trap and kill eagles and hawks. The agent asked SHANE for a nice tail, and SHANE said CROOKED ARM had several so they would save one for him.
On February 11, 2009, an agent met with SHANE and they drove to CROOKED ARM's residence, in Hardin. The agent told CROOKED ARM that the other agent wanted to buy another eagle fan and a winter hawk fan. CROOKED ARM said he had plenty of tails and had sold four golden eagle fans and several hawk fans the previous week to some people from New Mexico. CROOKED ARM produced two eagle feathers from an adjoining room, and told the agent that several of his tails were similar to these feathers. CROOKED ARM agreed to a $500 deposit, and told the agent to e-mail him the specifics for the fans. CROOKED ARM gave the agent his phone numbers. The agent paid CROOKED ARM the $500 deposit.
On March 8, 2009, CROOKED ARM sent one of the agents an e-mail containing photos of a bald eagle fan and a winter hawk (rough-legged) tail he intended to use for her hawk fan. CROOKED ARM wrote that he only had two weeks to finish the agents's hawk fan before a powwow in Denver. He asked the agent if the hawk in the photo was acceptable. Later that day, in a second e-mail to the agent, CROOKED ARM wrote that the bald eagle fan from the photo took extra time because he had to send it to a friend to clean off the blood, and there was a lot of blood.
The next day, March 9, 2009, CROOKED ARM called the agent and asked what colors she wanted on her fan. On March 10, 2009, CROOKED ARM called the other agent to tell him that his $500 deposit would be payment for the "winter hawk" fan, but the bald eagle tail fan from the photo would cost $1,000 because he had to pull a few strings to get it in time for the Denver powwow.
On the morning of March 11, 2009, a FWS Special Agent served a search warrant on CROOKED ARM's residence in Hardin. They seized, among other things, a hand-written note containing the undercover agent's order for a winter hawk feather fan, and one bald eagle feather fan. After agents read him his rights, CROOKED ARM signed an Advice of Rights Form, and agreed to cooperate. CROOKED ARM retrieved the undercover agent's order from the top of his refrigerator and admitted he knew the two undercover agents in connection with the note.
That same morning, another FWS Special Agent, accompanied by six other special agents, served a search warrant on SHANE's father's home south of Garryowen. SHANE arrived a few minutes after the agents. The agents advised SHANE of the search warrant and SHANE agreed to speak with them briefly. A Special Agent told SHANE he would not be arrested and explained the undercover agent's true identity. SHANE admitted that he knew it was illegal to sell hawk and eagle parts.
SHANE admitted that CROOKED ARM sold a golden eagle peyote fan to the undercover agents, but claimed he never counted the money they paid him, having given the entire amount to CROOKED ARM. SHANE also told the agents he saw one of the undercover agents show CROOKED ARM a sketch and discuss purchasing a hawk fan with beadwork to match her skirt. SHANE said he had a permitted eagle from the U.S. Fish and Wildlife Service, which he had used to make a bustle for his dance costume, stored in the basement. The agents photographed this bustle, but did not seize it. SHANE said that CROOKED ARM had called him the day before to ask for one of the undercover agent's phone number to complete the sale of a bronze hawk fan and bald eagle tail fan.
They each face possible penalties of 5 years in prison, a $250,000 fine and 3 years supervised release on Count I, and possible penalties of 2 years in prison, a $250,000 fine and 1 year supervised release on Count II.
The investigation was conducted by the U.S. Fish and Wildlife Service.
Krystel A. Buckland 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 July 23, 2013, before U.S. District Judge Donald W. Molloy, KRYSTEL A. BUCKLAND, a 32-year-old resident of Billings, pled guilty to acquiring a controlled substance by subterfuge. Sentencing has been set for October 23, 2013. She is currently released on special conditions.
In an Offer of Proof filed by Assistant U.S. Attorney Brendan P. McCarthy, the government stated it would have proved at trial the following:
On August 19, 2012, a task force officer with the Drug Enforcement Administration (DEA) received a phone call from the pharmacy district manager for the K-Mart in Billings. The manager indicated that there were numerous prescription pills missing from the pharmacy department. The prescription pills first started to appear missing in February of 2012.
K-Mart then installed video cameras in the pharmacy department. On August 29, 2012, BUCKLAND, a pharmacist at the store, was seen on the video camera entering into the pharmacy after pharmacy hours and stealing numerous prescription pills. The video showed BUCKLAND taking the pills and then stuffing them into her clothing. BUCKLAND had been hired in February of 2012.
On August 31, 2012, BUCKLAND was interviewed by a DEA task force officer. She admitted that she did steal all of the prescription pills, and that she started stealing pills when she first began working at K-Mart. According to BUCKLAND, she used all of the pills herself. She indicated that she would use approximately 100 pills per day. After the interview, BUCKLAND gave consent to search her car and recovered numerous pill bottles and a small amount of pills in the vehicle.
The records from K-Mart indicate that approximately 18,000 hydrocodone and oxycodone pills were taken from the pharmacy from February of 2012 through August of 2012.
BUCKLAND faces possible penalties of 4 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by the Drug Enforcement Administration.
Joseph Daniel Bahr, Jr. 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 July 22, 2013, before U.S. District Judge Donald W. Molloy, JOSEPH DANIEL BAHR, JR., a 42-year-old resident of Lame Deer and an enrolled member of the Northern Cheyenne Tribe, pled guilty to attempted sexual abuse. Sentencing has been set for October 23, 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 June 23, 2011, the victim and a friend stayed overnight at BAHR's home in Lame Deer, which is within the boundaries of the Northern Cheyenne Indian Reservation. The victim, the friend, and BAHR were drinking that evening at BAHR's house. Between 10:00 p.m. and 11:00 p.m., the victim went to sleep in BAHR's daughter's bedroom. Around 5:00 a.m. the next morning, the victim woke up with BAHR on top of her. The victim told BAHR numerous times to stop and to get off of her. Eventually, the victim was able to push BAHR off of her, get dressed, and leave BAHR's residence. Before leaving, the victim confronted BAHR about the sexual assault in the presence of the friend who was also staying at BAHR's home. BAHR admitted to having sexual intercourse with the victim during this confrontation and this admission was overheard by the friend.
The victim then left the residence and went home. She told her husband about the sexual assault, immediately reported the assault to the police, and then went to the hospital for a sexual assault examination.
BAHR was interviewed by law enforcement and despite the admission made by BAHR to the victim and overheard by the friend at BAHR's house, when confronted by the victim, BAHR denied that he had sex with the victim.
BAHR faces possible penalties of life in prison, a $250,000 fine and lifetime supervision.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.
William Fredrick Schroeder Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Helena, on July 8, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, WILLIAM FREDRICK SCHROEDER, a 31-year-old resident of Livingston, pled guilty to receipt of child pornography. Sentencing has been set for October 16, 2013. He is currently detained.
In an Offer of Proof filed by Special Assistant U.S. Attorney Ole Olson, the government stated it would have proved at trial the following:
On February 13, 2013, "S", a 13-year-old child in Helena, disclosed to her mother that she had engaged in sexual intercourse with SCHROEDER earlier that day.
Later on February 13, 2013, members of the Helena Police Department placed SCHROEDER under arrest and seized two cellular telephones from him.
Still later on February 13, 2013, when interviewed SCHROEDER admitted that he had engaged in sexual intercourse earlier that day with "S." SCHROEDER stated he believed "S" was 17-years-old.
SCHROEDER's girlfriend was also interviewed who stated she had previously advised SCHROEDER that "S" was only 13-years-old.
SCHROEDER faces possible penalties of a mandatory minimum of 5 years in prison and could be sentenced to 20 years, a $250,000 fine, and lifetime supervision.
The investigation was conducted by the Helena Police Department.
Thomas Mark Marceau 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 July 17, 2013, before U.S. Magistrate Judge Keith Strong, THOMAS MARK MARCEAU, a 28-year-old resident of Browning and an enrolled member of the Blackfeet Tribe, pled guilty to (2) charges of abusive sexual contact. Sentencing has been set for October 22, 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:
X.X. disclosed to an FBI agent that MARCEAU had molested him. The assault occurred sometime between the years of 2007 through 2009, and X.X. was less than
Blackfeet Indian Reservation. MARCEAU was in his early twenties.
When interviewed about the sexual assault of X.X., MARCEAU stated that he was close with X.X. When asked about the inappropriate contact that he had with X.X., MARCEAU acknowledged that such sexual contact occurred. Y.Y. was 11-years-old when he disclosed to law enforcement that MARCEAU had molested him. The molestations perpetrated against Y.Y. occurred between 2007 and 2012, and Y.Y. was under 12 years of age during that time. As with X.X., MARCEAU was in his twenties when the molestations against Y.Y. occurred. Y.Y. explained that MARCEAU had been molesting him since Y.Y. was 6-years-old.
Agents also interviewed MARCEAU about sexual contact with Y.Y. MARCEAU admitted that the sexual contact occurred.
MARCEAU faces possible penalties of life in prison, a $250,000 fine and lifetime supervision.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.
Nelson Travis Alexander 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 July 18, 2013, before U.S. Magistrate Judge Keith Strong, NELSON TRAVIS ALEXANDER, a 47-year-old resident of Box Elder and an enrolled member of the Chippewa Cree Indian Tribe, pled guilty to assault resulting in serious bodily injury. Sentencing has been set for October 22, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Danna R. Jackson, the government stated it would have proved at trial the following:
On December 2, 2012, ALEXANDER intentionally assaulted K.A., striking her in the face with his closed fists and causing her serious bodily injury.
ALEXANDER's assault on K.A. came without warning, breaking her nose, fracturing her jaw, and causing extreme swelling to her face. She was flown to the hospital in Great Falls and hospitalized for several days.
The assault occurred within the exterior boundaries of the Rocky Boy's Indian Reservation.
ALEXANDER 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.
Michael Thomas Bad Old Man 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 July 17, 2013, before U.S. Magistrate Judge Keith Strong, MICHAEL THOMAS BAD OLD MAN, a 21-year-old resident of Cut Bank and an enrolled member of the Blackfeet Tribe, pled guilty to burglary. Sentencing has been set for October 22, 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 February 4, 2012, "Jane Doe" was in Great Falls because her father was in the hospital. Three individuals walked by her residence in Browning, which was located within the exterior boundaries of the Blackfeet Indian Reservation.
On February 4, 2012, a neighbor was out on his porch and observed three male individuals walking by his neighbor's residence. While he saw the three individuals walking by the residence, he did not see them pass by. He then heard three kicks and he knew that someone was breaking into "Jane Doe's" residence. He told his wife to call their son who is an officer with the Blackfeet Law Enforcement Services.
His wife called their son and then she grabbed her camera. When their son, the officer, pulled up, the officer and the neighbor went into "Jane Doe"'s residence. The neighbor's wife then took pictures of all three individuals running out of the house. The burglary occurred in broad daylight.
The individuals who broke into the house then climbed the fence, and one escaped. BAD OLD MAN and "X.X." were caught. BAD OLD MAN had items in his pockets. While waiting for law enforcement to arrive, BAD OLD MAN stated that he was going to kill the neighbor and the officer when he gets out of jail.
After backup arrived, the officer took pictures of "Jane Doe's" front door to the residence. The door was damaged. The officer stated that he was able to identify all three defendants by name when he saw them in the residence.
While at jail, a detention officer patted down BAD OLD MAN and found numerous earrings, a knife, a zippo lighter, a metal box, a heart-shaped ring, two NFL star earrings, a pink wrist band with pendant, and a rosary with a white pendant. These items were photographed.
Jane Doe" identified the items that were found on BAD OLD MAN as belonging to her. "Jane Doe's" daughter explained that BAD OLD MAN was in her house before and knew that it was "Jane Doe's" house. "Jane Doe's" daughter estimated that BAD OLD MAN had been in the house approximately five times.
BAD OLD MAN faces possible penalties of 20 years in prison, a $50,000 fine and 3 years supervised release.
The investigation was conducted by the Bureau of Indian Affairs.
Jess James Rutherford, Jr. 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 July 18, 2013, before U.S. Magistrate Judge Keith Strong, JESS JAMES RUTHERFORD, JR., a 28-year-old resident of Heart Butte and an enrolled member of the Blackfeet Tribe, pled guilty to assault resulting in serious bodily injury. Sentencing has been set for October 22, 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 April 23, 2013, "S.S." was interviewed about the assault by RUTHERFORD. "S.S." and RUTHERFORD had dated for eight months. On the night in question, "S.S." stated that RUTHERFORD was drinking with his friends, and the friends left. "S.S." explained that she was also drinking and she lived in the house with RUTHERFORD. Despite living together, RUTHERFORD locked "S.S." outside. "S.S." wanted back inside to get her bag. RUTHERFORD told her that he burned her bag but eventually let her inside.
The beating then ensued. RUTHERFORD threw "S.S." to the ground, stomped on her, and punched her repeatedly. Specifically, RUTHERFORD stomped on "S.S.'s" neck, back, and legs. He was hitting her with a "backhand" at first, but then, when she was on her belly, he started stomping on her, and eventually stomped on her chest and breasts. The pictures of "S.S.'s" breasts show deep bruising on her breasts and chest.
S.S." explained that RUTHERFORD was calling her a "*****" while he was hitting her. Her underwear were also torn. She stated that RUTHERFORD was trying to pull her pants down, and he ripped her underwear off. He was also dragging her around by the hair. "S.S." stated that she was not knocked unconscious, and RUTHERFORD, when kicking her, was wearing regular tennis shoes. "S.S." did not know why RUTHERFORD stopped.
The beating lasted for approximately a half hour, beginning at 2:30 a.m. After the beating, "S.S." waited for RUTHERFORD to fall asleep so that she could leave. She then ran to a neighbor.
After arriving at the neighbor's house, "S.S." went to the hospital. The attending physician stated that "S.S." had two broken ribs on her left side. The victim also had a bilateral and impacted nasal fracture. "S.S." described her pain as a ten out of ten, with ten being the worst. "S.S." described in an interview two days after the assault that her fingers and mouth were still numb.
RUTHERFORD 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.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on July 19, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individual was arraigned:
KURT LEE WHITLING, a 50-year-old resident of Billings, appeared on charges of conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine. He is currently detained. If convicted of these charges, WHITLING faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $10,000,000 fine, and 5 years supervised release on each of the two counts. Assistant U.S. Attorney Joseph E. Thaggard is the prosecutor for the United States. The investigation was conducted by the Drug Task Force.
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.
Patrick Charles Thomas 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 July 15, 2013, before U.S. Magistrate Judge Keith Strong, PATRICK CHARLES THOMAS, a 55-year-old resident of Cut Bank, pled guilty to (2) counts of conversion of secured property. Sentencing has been set for October 21, 2013. He 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:
THOMAS was a rancher/farmer near Cut Bank who obtained, over the years, numerous loans from the U.S. Department of Agriculture, Farm Services Agency (FSA). As part of that lending and borrowing relationship, THOMAS pledged as collateral all livestock, crops, and personal property.
Beginning in or before June of 2006, THOMAS began to sell off hay, grass (grazing), cattle, equipment, and other pledged assets without notifying the FSA of the transactions or the income generated from the sale of those assets.
On December 18, 2008, THOMAS submitted a balance sheet to support his application for financing through FSA showing he had 225 bred cows which would be used as collateral. The FSA had concerns regarding the actual number of cows. They had not been able to get an actual count of the cattle for some time and when chattel inspections had been completed it did not appear that there were as many cattle as they thought should be there. FSA conducted a count December 29, 2008, and located 169 head. When questioned about the discrepancy and the missing 59 head of cows, THOMAS stated they had gone down into Flat Coulee on his neighbor's place and he couldn't get them up.
On March 2, 2009, THOMAS was approved for a $65,000 annual operating loan from FSA which also rescheduled THOMAS's existing FSA loans according to DALR$ (FSA's loan servicing program). The projections used were based, in material part, on the cow numbers shown on the Security Agreement dated December 19, 2008, which showed 225 head of cows and 11 bulls.
On March 31, 2009, FSA performed a chattel inspection and recorded approximately 180 head of cows. Later that year, in October 2009, without notifying or receiving the approval of the FSA, THOMAS sold 105 calves to a Nebraska-based cattle buyer without disclosing to the buyer that the calves were pledged as security to the FSA. THOMAS concealed the sale from the FSA and converted the proceeds - $49,776 - to his own use and benefit.
On February 22, 2010, FSA went to THOMAS's ranch to do a chattel inspection and cattle count for both the Farm Loan Program and for THOMAS's daughter's 2009 LIP claim. FSA counted 99 cows and 3 yearlings, of which 62 were THOMAS's and 6 of which belonged to his daughter. FSA representatives could not read the brand on the remaining 33 head.
On April 22, 2010, FSA and representatives of the Montana Department of Livestock went to THOMAS's ranch to count the cattle. The final tally that day was 81 head of cows, of which 70 had THOMAS's brand, and 11 had other family member's brands. There were also 53 head of unbranded calves. The numbers were significantly less than what FSA had collateralized - or believed to have collateralized on the basis of THOMAS's representations.
Investigation established that between June 11, 2006, and July 13, 2011, THOMAS disposed of and sold at least $162,865.36 in cattle, hay, equipment and other property he had pledged as a collateral to obtain FSA loans, and in which the FSA had a security interest, without the knowledge or approval of the FSA.
THOMAS faces possible penalties of 5 years in prison, a $250,000 fine and 3 years supervised release on each count.
The investigation was conducted by the / a cooperative effort between the U.S. Department of Agriculture - Office of Inspector General.
Martha Mae Mitchell 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 July 16, 2013, before U.S. Magistrate Judge Keith Strong, MARTHA MAE MITCHELL, a 57-year-old resident of Box Elder and an enrolled member of the Chippewa Cree Tribe, pled guilty to assault resulting in serious bodily injury. Sentencing has been set for October 22, 2013. She is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Danna R. Jackson, the government stated it would have proved at trial the following:
On January 23, 2013, MITCHELL became frustrated when a 9-month-old child would not stop crying. MITCHELL told law enforcement that she twisted the baby's legs and both arms causing injuries to them. MITCHELL further told law enforcement that she was "shocked and disgusted" at herself. The crime occurred within the exterior boundaries of the Rocky Boy's Indian Reservation.
Medical evidence would have shown that the victim suffered fractures to all four of the baby's limbs. The victim was hospitalized for a week. The medical evidence would also show that the victim sustained additional injuries that may not be attributed to MITCHELL's conduct.
MITCHELL 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.
Informational: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on July 16, 2013, before U.S. Magistrate Judge Keith Strong, the following individuals were arraigned:
SHANNON JAMES AUGARE, a 33-year-old resident of Browning, appeared on charges of obstructing a peace officer, driving under the influence of alcohol, and reckless driving. He is currently released on special conditions. If convicted of these charges, AUGARE faces possible penalties of 6 months in prison, a $250,000 fine, and 5 years supervised release. Assistant U.S. Attorney Ryan G. Weldon is the prosecutor for the United States.
PONDERA HUTTERITE COLONY, INC., SAM KLEINSASSER, DARYL KLEINSASSER, JONATHAN WALDNER, IKE WALDNER, and TOM WALDNER appeared on charges of (2) counts of illegal possession of a threatened species. They are currently released on special conditions. If convicted of these charges, they each face possible penalties of 6 months in prison and a $25,000 fine on each count. Assistant U.S. Attorney Ryan G. Weldon is the prosecutor for the United States. The investigation was a cooperative effort between the U.S. Fish and Wildlife Service and the Montana Fish, Wildlife and Parks Department.
ROY OLIVER CAMPBELL, a 33-year-old resident of Browning, appeared on a charge of burglary. He is currently detained. If convicted of this charge, CAMPBELL faces possible penalties of 20 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Ryan G. Weldon is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation,
The 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.
Eliseo Lopez Martinez 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 July 18, 2013, before U.S. District Judge Sam E. Haddon, ELISEO LOPEZ MARTINEZ, a 49-year-old resident of Turlock, California, pled guilty to conspiracy to possess with intent to distribute controlled substances. Sentencing has been set for October 21, 2013. He is currently detained.
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:
In late 2012, the FBI, DEA, the Montana Division of Criminal Investigation (MDCI), the ATF, various drug task forces based in Billings, the Billings Police Department, the Yellowstone County Sheriff's Department, and the Montana Highway Patrol began to investigate the widespread distribution of methamphetamine, cocaine, and heroin in an area stretching from Billings to the Bakken oil fields of northeastern Montana and western North Dakota. In March 2013, the Idaho State Police also joined the investigation;
As part of the investigation, on March 1, 2013, the Montana Highway Patrol stopped a vehicle driven by an unindicted coconspirator on Interstate 90 near Park City. The vehicle was subsequently searched and found to contain one-quarter pound of methamphetamine and a quantity of heroin the unindicted coconspirator said consisted of 80 grams.
The unindicted coconspirator admitted to distributing large amounts of heroin and methamphetamine. The unindicted coconspirator stated that the sources of supply for the drugs were "Mateo" and "Tomas." The descriptions provided by the unindicted conspirator of "Mateo" and "Tomas" matched those people known to law enforcement officers in Billings as MARTINEZ and Tomas Alvarado.
On March 11, 2013, Idaho State Police stopped a vehicle driven by Alvarado in Power County, Idaho. An adult female was a passenger in the vehicle. Alvarado said he and the passenger had driven from Billings to Nevada the previous day and were returning to Billings;
A search of the vehicle ensued. The authorities found a .40 caliber handgun, three gross pounds of a substance that yielded a presumptive Narcotics Identification Kit (NIK) test result for the presence of methamphetamine, and two gross pounds of a substance that yielded a positive NIK test result for the presence of cocaine.
On March 12, 2013, the authorities, acting under the authority of a search warrant, searched a residence in Billings occupied by MARTINEZ. The officers recovered three handguns, over $56,000 in United States currency, two pounds of suspected cocaine, six pounds of suspected methamphetamine, and over 100 grams of suspected heroin.
The officers also searched a motor vehicle at or near MARTINEZ's residence in Billings. That vehicle was associated with MARTINEZ. The officers found 16 total firearms, including handguns, shotguns, and rifles (including two semi-automatic, SKS assault-style rifles) in the vehicle.
MARTINEZ was taken into custody when the search warrant was executed on March 12, 2013. When interviewed, MARTINEZ stated he had moved to Montana two or three months earlier as part of plan whereby he and Alvarado distributed methamphetamine, cocaine, heroin, and marijuana in the Billings area. MARTINEZ estimated that he and Alvarado had sold approximately 25 pounds of methamphetamine over the preceding two months.
On March 12, 2013, the authorities also interviewed Alvarado. Alvarado stated that he and MARTINEZ had distributed methamphetamine in Billings since approximately October 2012 and moved to Billings in November 2012 as part of the distribution scheme. Alvarado detailed that, between October 2012 and March 12, 2013, he and MARTINEZ distributed at least 80 pounds of methamphetamine to subordinate drug dealers in Montana.
MARTINEZ faces possible penalties of life in prison, a $10,000,000 fine and 5 years supervised release.
Alvarado pled guilty to federal charges and is awaiting sentencing.
The investigation was a cooperative effort between the Drug Enforcement Administration, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Montana Division of Criminal Investigation.
Daniel Young 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 July 18, 2013, before U.S. District Judge Sam E. Haddon, DANIEL YOUNG, a 35-year-old resident of Billings, appeared for sentencing. YOUNG was sentenced to a term of:
Prison: 18 months
Special Assessment: $100
Restitution: $490,153.43
Supervised Release: 5 years
YOUNG was sentenced in connection with his guilty plea to bank 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:
YOUNG owned and operated Auto Plaza, Inc. in Billings. Auto Plaza sold used vehicles along with new and used boats, ATV's, motorcycles, snowmobiles and recreational vehicles. Two other individuals were co-owners and/or partners with YOUNG from 2007 to 2010; however, YOUNG was the primary operator of the business. YOUNG operated the dealership and handled the day to day financial transactions.
Auto Plaza, Inc., maintained day-to-day operations with the assistance of several financing companies (also referred to as a "floor plan"), including Dealer Services Corporation and First Interstate Bank ("FIB"). The dealership typically acquired their inventory through the Auto Auction in Billings. After a vehicle was sold by Auto Plaza, Inc., the company with that provided the financing to originally purchase the car was to be paid off with the proceeds of the sale. The paying off of any liens on vehicles by the financing company allowed for a clear title to be passed on to the new buyer of the vehicle.
In approximately October of 2010, FIB canceled the $500,000 floor plan at the Auto Plaza. In approximately November of 2010, Dealer Services Corporation also canceled their financing at the Auto Plaza.
During the course of the investigation, it was learned that the dealership was out of trust possibly since the day they obtained their floor plan loan with FIB as well as Dealer Services Corporation; the dealership sold vehicles with unpaid liens and failed to provide new owners titles; the dealership sold vehicles they didn't pay for; the dealership sold extended warranties for vehicles that were not actually purchased from the warranty companies; and the dealership sold vehicles/boats they held on consignment and didn't pay the owner.
Specifically, on August 1, 2008, in Billings, YOUNG sold a 2005 Mastercraft boat with a lien held by Key Bank, N.A., of Brooklyn, Ohio. When YOUNG sold the boat at the Auto Plaza, he caused the submission of false loan documents to First Interstate Bank; in that the new purchaser was told there was no lien on the boat. First Interstate Bank believed they were obtaining a first position on the title of the boat and authorized the loan. The loan was funded by First Interstate Bank and the Auto Plaza received the money for the boat purchase. In furtherance of the scheme, YOUNG lied to a personal banker at First Interstate Bank about the payoff of the lien to Key Bank, N.A., and caused the submission of a false lien release to the Montana Division of Motor Vehicles on behalf of Key Bank for the boat.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that YOUNG will likely serve all of the time imposed by the court. In the federal system, YOUNG 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.
Angela Corson Smith 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 July 17, 2013, before U.S. District Judge Sam E. Haddon, ANGELA CORSON SMITH, a 32-year-old resident of Billings, pled guilty to bank fraud. Sentencing has been set for October 28, 2013. She is currently released on special conditions.
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 October 23, 2009, SMITH submitted an application for a home equity loan to Altana Federal Credit Union. Altana Federal Credit Union is federally insured and was at the time of the conduct. In support of the home equity loan SMITH presented a power of attorney purporting to give her authority to sign for her husband, B.S. The power of attorney contained a forged signature of B.S. as well as his father who was listed as a witness to the document. The document was notarized by Angela Corson, SMITH's maiden name. The bank would not have authorized the home equity loan with B.S.'s consent so the forged power of attorney was material to the decision of the bank. In addition to forging the power of attorney, SMITH also forged all of the loan documents for the bank, some of which were not signed until May of 2010.
SMITH faces possible penalties of 30 years in prison, a $1,000,000 fine, and 5 years supervised release.
The investigation was conducted by the U.S. Secret Service.
Irene Paster and Yolanda Paster Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Butte, on July 11, 2013, before U.S. District Judge Sam E. Haddon, IRENE PASTER, age 65, and YOLANDA PASTER, age 40, residents of Big Sky, pled guilty to willful failure to file a tax return. Sentencing has been set for October 25, 2013. They are currently released on special conditions.
In an Offer of Proof filed by Assistant U.S. Attorney Chad C. Spraker, the government stated it would have proved at trial the following:
A married person filing a joint return must file a tax return if his or her income exceeds $18,700 in gross income for the 2009 calendar year. During the 2009 calendar year, IRENE PASTER and her spouse had gross income totaling $91,322.
IRENE filed an extension of time to file an IRS Form 1040 for the 2009 tax year, which created an extension date of October 15, 2010. IRENE however, willfully failed to file a 2009 return on or before October 15, 2010.
An unmarried person, who is not a surviving spouse or head of household, must file a tax return if his or her income exceeds $9,350 in gross income for the 2009 calendar year. During the 2009 calendar year, YOLANDA PASTER, Irene's daughter, had a gross income totaling $60,413.
YOLANDA filed an extension of time to file an IRS Form 1040 for the 2009 tax year, which created an extension date of October 15, 2010. YOLANDA, however, willfully failed to file a 2009 return on or before October 15, 2010.
They each possible penalties of 1 year in prison, a $100,000 fine and 1 year supervised release.
The investigation was a cooperative effort between the Federal Bureau of Investigation, the Criminal Investigation Division of the Internal Revenue Service, and the U.S. Secret Service.
Jesse Shaderic Wall, Jr. 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 July 12, 2013, before Chief U.S. District Judge Dana L. Christensen, JESSE SHADERIC WALL, Jr., a 66-year-old resident of Kalispell, was sentenced to a term of:
Probation: 5 years
Special Assessment: $100
Restitution: $201,305.85
WALL was sentenced in connection with his guilty plea to wire fraud.
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:
At the time of the crimes referenced in the Indictment, WALL was a CPA in the Kalispell area. Beginning in 2008, WALL made material misrepresentations to RBM Lumber Company to induce the company to invest $350,000 with him. One RBM executive explained to law enforcement that WALL was the company's accountant and that he offered to invest some of RBM's money in mediums that would produce a higher rate of return than RBM could get from a bank. RBM agreed and began providing WALL with various sums of money at various times. According to the RBM representative, WALL created a Nevada corporation called Milestone Innovations, Inc., and the money that RBM provided WALL was invested on behalf of that Nevada entity.
WALL used the money he obtained from RBM on his struggling business, as opposed to depositing it into any interest-bearing investments. RBM's expectation was that the money would be readily available should the company need it and WALL was not given authority to tie the funds up for any extended period of time. But in February 2011, when RBM asked WALL to return the money, he was unable to do so. He told RBM that the money was invested in real estate, which was not true. In reality, WALL had spent the RBM money but was hoping to sell his house in the coming months and planned to use the proceeds from that sale to pay RBM. WALL did repay $190,000 to RBM in June 2011.
WALL was interviewed by a Secret Service agent on December 29, 2011. During the interview, WALL expressed a desire to pay RBM back, but also said he "perhaps did say something misleading to them," to induce them to part with their money.
Count I of the Indictment involved a check that WALL wrote on July 1, 2009, from a Wells Fargo Bank account in the name of Milestone Innovations, Inc., for $12,500. The check was written to "Jesse S. WALL, CPA PC," and deposited into WALL's business account at West One Bank. That deposit caused a wire communication in interstate commerce between Wells Fargo Bank in Montana and a federal reserve bank outside Montana.
The investigation was conducted by the U.S. Secret Service.
Paul Daniel Bottomley 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 July 12, 2013, before Chief U.S. District Judge Dana L. Christensen, PAUL DANIEL BOTTOMLEY, a 48-year-old resident of Belgrade, Montana, was sentenced to a term of:
Probation: 5 years with 6 months home confinement
Special Assessment: $100
Forfeiture (civil): $4,454,278.17
Community Service: 200 hours
Bottomley was sentenced in connection with his guilty plea to Misprision of a Felony.
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:
Paul Daniel Bottomley owned a company called Montana Health Care Solutions (MHCS) in Belgrade, Montana. MHCS was opened in 2008 and was sold to Rockley Ventures, Ltd., a division of Canada Drugs, Ltd., in October of 2010. While owned by Bottomley, MHCS imported and distributed misbranded and unapproved drugs from foreign countries to American physicians. Bottomley's conduct while the owner of MHCS was in direct violation of the Food, Drug, and Cosmetics Act (FDCA) of the United States.
Specifically, Bottomley as the owner of MHCS distributed what were classified as "new drugs" under 21 U.S.C. § 321(p) that required approval by the U.S. Food and Drug Administration (FDA) under 21 U.S.C. § 355 before they could be imported into the United States. The foreign prescription drugs distributed by Bottomley were not typically the versions that the FDA had approved for use in the United States, because, among other things, the drugs' labeling information did not conform to the FDA approved labeling for the United States versions. For example, the labeling for the foreign versions failed to contain the National Drug Code (NDC) numbers, which are part of the FDA approved labeling for versions approved for use in the United States. In addition, some of the drugs distributed by Bottomley contained non-English language labeling, including use and dosage instructions.
In October of 2010, Bottomley sold MHCS to Rockley Ventures, Ltd., a subsidiary of Canada Drugs, Ltd. Canada Drugs is an internet based pharmacy corporation located in Winnipeg, Manitoba, Canada. Rockley Ventures paid Bottomley $5 million for MHCS. Canada Drugs, Rockley Ventures, and the related companies retained Bottomley's company's name, website and domain name, any stock on hand, and his physician distribution list. The companies continued to solicit and distribute to Bottomley's previous customers using his company's name and letter head.
Bottomley was also to remain as an advisor to Rockley Ventures, Canada Drugs and related companies following the sale of MHCS. Bottomley was paid $10,000 per month for his advisory services by the companies. In his advisor capacity, Bottomley occasionally made sales calls to physicians and dealt with shipment and payment issues. On one occasion, Bottomley traveled to Tennessee, on behalf of Canada Drugs and its related companies, to work with Volunteer Distribution on their mail-order shipping of pharmaceuticals on behalf of the companies. In January of 2012, American officials were notified by the United Kingdom Medicines and Healthcare Products Regulatory Agency (MHRA), United Kingdom, that potential counterfeit oncology drugs known as Avastin(r) (marketed in Turkey as Altuzan) had been identified and shipped to the United States. The United Kingdom wholesaler shipped 41 of the identified packs of Avastin(r) to Volunteer Distribution, a company located in Gainesboro, Tennessee. Volunteer Distribution had a pharmaceutical distribution contract with QSP, a subsidiary company of Canada Drugs. Volunteer Distribution received oncology drugs with the understanding that they would ship those drugs to clients once they were provided with a client and packing list. The packing list also included "Montana Healthcare Solutions" in the upper left-hand corner with a symbol associated with MHCS.
Lab analysis of the Avastin(r) determined the drug to be counterfeit - the substance seized and tested did not contain any of the active drug ingredient bevacizumab that is found in legitimate versions of Altuzan and Avastin(r). It was determined that Volunteer Distribution had already shipped 36 of the 41 packs of Avastin(r) to American physicians for use with patients. The 5 remaining packs of the counterfeit Avastin(r) were shipped back to the United Kingdom wholesaler.
In a separate civil proceeding handled by AUSA Victoria Francis, Bottomley agreed to forfeit to the United States $1,088,378.17 in United States currency, a 2011 Aston Martin/Vantage V-12 (which recently sold for $110,000 during a U.S. Marshal's auction) and 10 parcels of real property in Gallatin County, Montana. The property was forfeited because the government established the property was the proceeds of the illegal activity outlined in the criminal case. The total forfeiture in the matter is valued at approximately $6 million.
The defendant's conduct in this case was motivated by greed. Bottomley utilized the grey market and sold potentially dangerous unapproved and misbranded pharmaceuticals at discounted prices to American physicians all for a healthy profit. The felony prosecution and sizeable forfeiture taken in the related civil case demonstrates that when an individual allows greed to induce them into dangerous criminal activity, they will be prosecuted," U.S. Attorney for the District of Montana Michael W. Cotter.
The defendant in this case violated the law by selling grey-market, unapproved pharmaceuticals, a dangerous practice that puts at risk the health and safety of the American consumer. FDA's Office of Criminal Investigations will continue to pursue those that threaten the safety and security of the public by engaging in the distribution of counterfeit and unapproved medicines. We commend the United States Attorney's office for their commitment to supporting this prosecution," John Roth, FDA-OCI Director.
The investigation was conducted by the Food and Drug Administration, Office of Criminal Investigations.
Joshua Alan Blythe 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 July 12, 2013, before U.S. District Judge Dana L. Christensen, JOSHUA ALAN BLYTHE, a 27-year-old resident of Butte, was sentenced to a term of:
Prison: 50 months
Special Assessment: $100
Supervised Release: 3 years
BLYTHE was sentenced in connection with his guilty plea to conspiracy to distribute controlled substances.
In an Offer of Proof filed by Assistant U.S. Attorney Timothy J. Racicot, the government stated it would have proved at trial the following:
In early August 2011, law enforcement officers in Butte received information about a large quantity of prescription medication located at a local residence. The landlords of the residence evicted the tenants, including BLYTHE, and later found a white, five-gallon bucket and a small lunch cooler that were filled with various pills, and a metal box containing smaller boxes with a white, powdery substance.
The bucket of pills had "Stericycle," a bar code, and an SKU number on it. Stericycle is a medical waste disposal company in Butte. An investigating officer interviewed the manager of Stericycle, who said he was not aware of that particular bucket. The manager also confirmed that BLYTHE had been employed by Stericycle in the past, but had been terminated.
On August 16, 2011, agents interviewed BLYTHE about the bucket of pills found at his former residence. BLYTHE reported receiving the bucket from Wayne Partin and buying drugs from Partin for approximately three years, including oxycontin, hydrocodone, morphine, and methamphetamine. BLYTHE said that Partin had stolen the drugs from Stericycle and he described helping Partin move several containers of prescription pills from one residence to another in approximately July 2011. BLYTHE did not admit to helping Partin sell any of the pills in and around Butte.
Later on August 16, 2011, officers from Probation and Parole in Silver Bow County, along with the case agents, conducted a probation search of Partin's residence in Butte. During the search, officers seized a significant quantity of pills (controlled and non-controlled substances), Stericycle storage containers, sharps containers, needles, forceps, other medical waste, handwritten notes that appear to describe and identify pills, books used to identify pills, and a Hewlett-Packard Pavilion a6000 computer. A forensic examiner analyzed the computer and determined that between January 2010 and August 2011, Partin used the computer to conduct searches aimed at identifying various pills and prescription medication.
Law enforcement officers conducted several additional interviews after searching Partin's residence and at least two people told investigators that BLYTHE was helping Partin sell some of the pills that Partin had stolen from Stericycle.
Partin 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 BLYTHE will likely serve all of the time imposed by the court. In the federal system, BLYTHE does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the U.S. Department of Homeland Security - Homeland Security Investigations and the Butte-Silver Bow Law Enforcement Agency.
John Todd Scott 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 July 10, 2013, before Senior U.S. District Judge Wm. Fremming Nielsen, JOHN TODD SCOTT, a 29-year-old resident of Billings, was sentenced to a term of:
Prison: 60 months
Special Assessment: $100
Forfeiture: computer equipment
Supervised Release: 10 years
SCOTT was sentenced in connection with his guilty plea to receipt of child pornography.
In an Offer of Proof filed by Assistant U.S. Attorney Lori H. Suek, the government stated it would have proved at trial the following:
Law enforcement officers were investigating allegations of child pornography access by users utilizing the peer-to-peer file sharing network. One investigation involved a person in Billings who had child pornography available to share via a file sharing program. An undercover agent downloaded a number of child pornography files from that person on various occasions in 2011 and into 2012. A search warrant was obtained for the residence and served on September 6, 2012.
SCOTT was one of the occupants of the residence. When questioned, SCOTT admitted that he used the peer-to-peer file sharing programs to receive and possess thousands of child pornography videos and images. He detailed the search terms he used to find child pornography, how he saved it to various computers and other equipment, and how he had been doing so for a lengthy period of time.
Agents seized various computer equipment at SCOTT's residence. Subsequent forensic examination revealed thousands of images and movies of child pornography that SCOTT had received via the Internet for several years and continuing until the equipment was seized. SCOTT possessed images and movies of children clearly prepubescent and children engaged in sadistic or masochistic abuse or other depictions of violence.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SCOTT will likely serve all of the time imposed by the court. In the federal system, SCOTT 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.
James Arthur Reynolds 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 July 10, 2013, before Senior District Court Judge Wm. Fremming Nielsen, JAMES ARTHUR REYNOLDS, a 55-year-old resident of Roundup, was sentenced to a term of:
Prison: 37 months
Special Assessment: $200
Supervised Release: 3 years
REYNOLDS 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 Lori Harper Suek, the government stated it would have proved at trial the following:
REYNOLDS had a felony conviction in 1985 in Virginia and multiple convictions from 1987 forward in Montana, therefore prohibiting him from possessing firearms.
On July 14, 2012, at 4:18 a.m., law enforcement received a report of a man sleeping in the ditch next to a motorcycle on a highway near Billings. Responding officers found REYNOLDS asleep and woke him. REYNOLDS reported that he had been driving home and became sleepy. In running his record, they found that REYNOLDS had a felony warrant for revocation on original charges of burglary and felony theft out of Beaverhead County and arrested him. Found on his person was a handgun magazine loaded with .45 caliber ammunition and a baggie of marijuana. REYNOLDS claimed he found the magazine lying on the ground in Billings, and that he did not have a firearm.
When questioned on July 18, 2012, REYNOLDS claimed that he found the .45 caliber handgun magazine on a table top while at a bar in Billings. He admitted that he was not to be in possession of firearms or ammunition given his felony record, but had friends who own .45 caliber guns and was planning to give it to one of them.
REYNOLDS then admitted that in fact he did own a .45 caliber handgun. REYNOLDS told how he was a "prospect" for the ".45s Motorcycle Club" in Roundup and in order to be a "prospect" and later a "fully-patched member," one had to own a .45 caliber gun. Because REYNOLDS could neither buy nor possess the .45, he had his friend, a "fully patched" member of the .45s Club, purchase the gun for him and he keeps it behind the bar at the "Clubhouse" in Roundup. REYNOLDS reported that his friend had purchased the gun for him approximately a month to six weeks before. REYNOLDS also admitted that he had both handled and shot the firearm, a Hi Point/Haskell Manufacturing, Model JHP, .45 caliber, semi-automatic pistol.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that REYNOLDS will likely serve all of the time imposed by the court. In the federal system, REYNOLDS 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.
Hilda Sue Lewis Towe 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 July 11, 2013, before U.S. District Judge Dana L. Christensen, HILDA SUE LEWIS TOWE, a 35-year-old resident of Hamilton, was sentenced to a term of:
Probation: 5 years
Special Assessment: $200
Restitution: $32,181.01
TOWE was sentenced in connection with her guilty plea to theft of federal government money and making false statements.
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:
Between March 2009 until approximately January 2012, TOWE received $21,868.01 in Supplemental Security Income (SSI) to which she was not entitled.
TOWE made false statements in a written document by misrepresenting the composition of her household, employment status, and the amount of income received to support the household. She did so deliberately with the knowledge the statements were untrue.
In a June 2012 interview, she admitted she knew her legal reporting requirements for SSI and for serving as a representative payee. She admitted to purposely concealing material facts such as living arrangements and income. She stated that she knew if she accurately reported the status of those items it would effect her SSI eligibility. Finally, she stated that she purposely concealed facts from the Social Security Administration in order to continue receiving payments.
The investigation was conducted by the Social Security Administration - Office of Inspector General.
Dustin Roy Gilpin 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 July 11, 2013, before Chief U.S. District Judge Dana L. Christensen, DUSTIN ROY GILPIN, a 33-year-old resident of Kalispell, was sentenced to a term of:
Probation: 5 years
Special Assessment: $100
GILPIN was sentenced in connection with his guilty plea to receipt of obscenity.
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:
As part of an Internet Crimes Against Children Task Force investigation, a Madison County Deputy Sheriff determined an IP address in Kalispell was offering known child pornography files available for download via the Internet. The subscriber information for that IP address was GILPIN'S residence. The Flathead County Sheriff's Office obtained a search warrant for that residence.
On July 3, 2012, the warrant was served, and two generic desktop computers were seized and subsequently forensically examined.
On the first computer the examiner located image files which depict obscene matters of indecent character, specifically children engaged in sexual conduct. The examiner determined that some of the files were associated with the peer-to-peer file sharing program LimeWire. The examiner also determined the files were created between May 2012 and July 2012.
On the second computer the examiner located image files which depict obscene matters of indecent character, specifically children engaged in sexual conduct. The examiner determined these files were also associated with the peer-to-peer file sharing program LimeWire. The files were created between September 29, 2011, and March 13, 2012.
The investigation was a cooperative effort between the Internet Crimes Against Children (ICAC) Task Force, the Madison County Sheriff's Office, the Flathead County Sheriff's Office, and the Montana Division of Criminal Investigation.
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, PSC marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about PSC, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/resources.html and click on the tab "resources."
Cedrick Marc Leiby 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 July 9, 2013, before Senior Wm. Fremming Nielsen, CEDRICK MARC LEIBY, a 35-year-old resident of Billings, was sentenced to a term of:
Prison: 150 months
Special Assessment: $300
Restitution: to be determined
Supervised Release: 4 years
LEIBY was sentenced in connection with his guilty plea to conspiracy to possess methamphetamine with intent to distribute, obstruction of justice/witness tampering, and possession of a stolen firearm.
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:
LEIBY came to the attention of law enforcement officers as part of a larger drug case. LEIBY was identified as a person who bought large amounts of methamphetamine brought from Las Vegas to Billings on behalf of supplier Howard Bonifant. LEIBY was identified by Bonifant's runners as being among their biggest customers, and he is prominent in phone tolls, drug ledgers, and in the dealers' phones. Various customers of his also identified LEIBY as their supplier, and one of the bigger dealers in Billings by the fall of 2010. LEIBY conspired with others to distribute over 500 grams or more of a mixture of substance containing a detectable amount of methamphetamine.
After LEIBY was indicted on the charge of conspiracy to possess methamphetamine with intent to distribute, and while he was in the Yellowstone County Detention Facility pending state charges, he knew there was a detainer on him for federal charges. He approached another defendant in the larger drug case while they were both incarcerated at the facility. This individual had already given law enforcement information on the drug case, including information on LEIBY. LEIBY came to the person's cell and handed him a hand-written note on a piece of paper. The note said something to the effect of "I, blank space, have never given or sold Cedric Leiby any methamphetamine." LEIBY told him to sign the paper or something would happen to him if he did not. This individual believed that LEIBY knew a lot of people at YCDF and that if he did not sign the paper, LEIBY would have someone hurt him. He wrote his name on the blank spot and gave the paper back to LEIBY. LEIBY had the person's cell mate sign as a witness to the signature. LEIBY has continued to tell people that the person ratted LEIBY out, and he has concerns for his safety. LEIBY has also called the person a "rat" in a loud enough voice for others in the cellblock at YCDF to hear, and thus the person was moved to another unit for his own safety.
On August 11, 2011, LEIBY had come to the attention of law enforcement authorities when a car was stopped for a traffic violation and was found to have sale tags from Sports Authority inside. The deputy was familiar with the recent theft of six firearms from that location. The vehicle was impounded and a search warrant obtained. Officers also searched the driver's residence as permitted by his supervising probation officer. In a hidey-hole in the garage five of the six firearms stolen from Sports Authority were found.
Further investigation revealed that LEIBY stole the guns from Sports Authority by cutting the security chains with a bolt cutter and leaving through a back door of the store. LEIBY took the guns to the residence and put them in the hidey-hole in the garage.
Bonifant 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 LEIBY will likely serve all of the time imposed by the court. In the federal system, LEIBY 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 Billings Big Sky Safe Streets Task Force.
Bruce Wayne Eagleman, Jr. Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Helena, on July 9, 2013, before U.S. District Judge Sam E. Haddon, BRUCE WAYNE EAGLEMAN, JR., a 25-year-old resident of Hardin and an enrolled member of the Crow Tribe of Indians, pled guilty to second degree murder. Sentencing has been set for October 21, 2013. He is currently detained.
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 November 23, 2011, the Hardin City Court ordered EAGLEMAN to participate in the 24/7 sobriety program in Bighorn County. EAGLEMAN had just been arrested for disorderly conduct, criminal trespass to property, an open container violation, and possession of drug paraphernalia. He pleaded guilty to disorderly conduct after he admitted to drinking a gallon of gin on the day of his arrest.
The 24/7 sobriety program became law in Montana on October 1, 2011. The program is designed to address the most serious alcohol offenders in the state, and also, to verify that these people are not drinking and driving. Pursuant to this program, the Hardin Court ordered EAGLEMAN to take a breath test twice a day - the first between 7 a.m. and 9 a.m. and the second between 7 p.m. and 9 p.m.
The Hardin City Court was also familiar with EAGLEMAN due to his previous driving under the influence conviction. On July 11, 2008, EAGLEMAN pleaded guilty to driving under the influence of alcohol after he stated he drank twelve, 24-ounce, cans of beer. EAGLEMAN, who is 25-years-old, also has never had a valid driver's license.
During the morning of December 29, 2011, EAGLEMAN's mother drove him from Crow Agency to Hardin to take his morning breath test. EAGLEMAN and his mother then returned to Crow Agency. Sometime in the early afternoon, EAGLEMAN took his mother's 2006 Dodge Durango and said he was leaving to go check the mail. Instead, EAGLEMAN left the house and met up with V.F.
EAGLEMAN and V.F. drove to a friend's house in Crow Agency. Everyone discussed driving to Hardin. Shortly thereafter, EAGLEMAN, V.F., and a friend drove to Hardin. EAGLEMAN drove his mother's Durango. EAGLEMAN and V.F. had already drank four malt liquors earlier in the afternoon. As EAGLEMAN drove to Hardin, the friend said EAGLEMAN began to drive more erratically.
EAGLEMAN first drove to a pawn shop, where he pawned a few items and received $10. EAGLEMAN used the $10 to buy a liter of Nikolai gin. EAGLEMAN next drove to another pawn shop. At the pawnshop, an employee observed that EAGLEMAN was extremely intoxicated. She saw EAGLEMAN leave and get in the driver's seat of the Durango.
After leaving the pawn shops, EAGLEMAN made a few more stops for gas and at another friend's house. Finally, he drove to the grocery store where he purchased two cans of Mike's Hard Lemonade and left the store. EAGLEMAN dropped the friend off in Hardin, which left just V.F. in the car with EAGLEMAN. EAGLEMAN then drove back to Crow Agency.
EAGLEMAN drove back to Crow Agency by way of the two-lane East Frontage Road. Initially he drove in the correct lane of travel - the southbound lane. At approximately 5:40 p.m., however, EAGLEMAN crossed into the northbound lane of the road and directly in front of S.S.'s oncoming car. S.S. attempted to drive to the left to avoid the oncoming crash, but was unsuccessful. The passenger side of EAGLEMAN's Durango collided with the passenger side of S.S.'s car in the northbound lane of traffic - the correct lane of traffic for S.S. A witness drove up almost immediately thereafter and saw EAGLEMAN in the driver's seat of the Durango.
Responding medical and law enforcement saw that V.F. was still alive, but he could not breathe well. He died shortly thereafter. S.S. had two other passengers in her car, both of whom died on scene. An ambulance transported S.S. to the hospital where she died. EAGLEMAN suffered minor injuries and was released from the hospital. Soon after the crash, at 6:52 p.m. that evening, his blood alcohol content was .257. He also tested positive for opiates and THC.
EAGLEMAN faces possible penalties of life in prison, a $250,000 fine and 5 years supervised release.
The investigation was a cooperative effort between the Federal Bureau of Investigation, the Montana Highway Patrol, and the Bureau of Indian Affairs.
Press Conference to Follow Sentencing in UNITED STATES V. PAUL DANIEL BOTTOMLEYRead the Press Release
July 12, 2013, at 1:00 p.m. (MDT) in Missoula, Montana
United States Attorney for the District of Montana, Michael W. Cotter, and John Roth, Director of the Food and Drug Administration, Office of Criminal Investigation, will hold a press conference on July 12, 2013, at 1:00 p.m. (MDT) following the sentencing in United States v. Paul Daniel Bottomley, CR13-04-BU-DLC. The press conference will be held at the U.S. Attorney's Office located at 105 E. Pine Street, 2nd floor in Missoula, Montana.
The purpose of the press conference will be to comment on the case, the significant forfeiture involved in the case, and the continued efforts of the Food and Drug Administration, Office of Criminal Investigation to safe guard Americans from misbranded, adulterated and counterfeit pharmaceuticals from foreign countries.
Edgard Enrique Le 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 May 23, 2013, before U.S. District Judge Dana L. Christensen, EDGARD ENRIQUE LE, a 29-year-old resident of Escondido, California, was sentenced to a term of:
Prison: 10 years
Special Assessment: $100
Forfeiture: cell phone
Supervised Release: 5 years
LE was sentenced in connection with his guilty plea to transportation with intent to engage in criminal sexual activity.
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:
The victim was born in 1999. In February 2012, the victim resided in Flathead County. At that time, LE resided in California. LE engaged in an online romantic relationship with the 12-year-old victim. Electronic records show conversations about the victim and LE being in love, that they were "engaged" and that they were going to get married. LE used his cell phone to communicate with the victim.
In early February 2012, LE drove from California to the victim's residence in Flathead County. On February 13 and 14, 2012, LE transported the victim in an automobile out of the State of Montana. The intended destination was LE's residence in California. Prior to reaching his residence, the vehicle they were riding in was stopped by law enforcement southwest of the Nevada/California border in California. During an interview with law enforcement, LE stated that his intent was to take the victim to California with him to live. Once in California, LE intended to have a physical and romantic relationship with the victim that included sex acts.
When an individual commits a crime involving a child in Montana, law enforcement will use all available resources to apprehend and prosecute that person to the fullest extent of the law. As a result of the sentence imposed today and the incarceration of Mr. Lee, he will be prohibited from committing further crimes against children for many years. This sentence will also deter others from similar conduct. Due to the diligent investigation and rapid response of the law enforcement agents and officers of the Federal Bureau of Investigation, the Montana Internet Crimes Against Children (ICAC) Task Force, the Las Vegas Metro Fugitive Unit, and the Flathead County Sheriff's Office, this young girl was extricated from a very dangerous situation." U.S. Attorney Michael W. Cotter.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that LE will likely serve all of the time imposed by the court. In the federal system, LE 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 Internet Crimes Against Children (ICAC) Task Force, the Las Vegas Metro Fugitive Unit, and the Flathead County Sheriff's Office.
Wendy Silva 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 July 3, 2013, before U.S. District Judge Dana L. Christensen, WENDY SILVA, a 41-year-old resident of Missoula, was sentenced to a term of:
Probation: 3 years
Special Assessment: $100
Restitution: $6,347.14 to SSA and an amount to be determined later for
SNAP benefits.
SILVA was sentenced in connection with her guilty plea to theft of government money.
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:
SILVA fraudulently received Supplemental Security Income (SSI) to which she was not entitled from January 2002 until January 2012 by failing to report income from her personal business. The money she stole belonged to the United States Social Security Administration, an agency of the United States. The value of the money SILVA stole via SSI was approximately $6,347.14.
The investigation was a cooperative effort between the Social Security Administration - Office of Inspector General and the U.S. Department of Agriculture - Office of Inspector General.
Nancy Louise Delgado 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 July 3, 2013, before U.S. District Judge Sam E. Haddon, NANCY LOUISE DELGADO, a 46-year-old resident of Lodge Grass, was sentenced to a term of:
Probation: 5 years
Special Assessment: $200
Restitution: $12,939
DELGADO 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:
From 2006 through 2009 DELGADO received over $13,000 in Section 8 Tenant-based Choice Voucher Program (Section 8) funds to which she was not entitled. Section 8 provides federal monetary assistance to low-income individuals who rent homes or apartment.
DELGADO applied for Section 8 benefits on June 29, 2004, and began receiving rental assistance on March 17, 2006, for her residence in Billings. WF moved into DELGADO's home just after July 4, 2006. He was self-employed until about April 2008, when he began working for Bresnan Communications, which paid him approximately $2,500 a month. WF lived with DELGADO until 2009.
From July 2006 to March 2009, DELGADO underwent three annual reexaminations and six interim reexaminations with the Billings Housing Authority. On each occasion the housing authority inquired who was living in her household, and on each occasion DELGADO failed to inform the housing authority that WF was living with her. WF's income from 2008 to 2009 would have reduced the Section 8 benefits to which DELGADO was eligible by over $13,000.
DELGADO's Section 8 benefits continued uninterrupted until February 2010, when a detective interviewed DELGADO and WF in connection with another matter. In her interview, DELGADO told the detective that WF had lived with her for about four years.
After discovering that WF had been living with DELGADO, the Billings Housing Authority notified DELGADO that her Section 8 assistance would be terminated. DELGADO requested a hearing on the decision, and during that hearing DELGADO admitted that WF had lived with her for approximately four and a half years. When asked why she had not reported that he was living with her, DELGADO replied that they did not want his income calculated for rent purposes.
The investigation was conducted by the U.S. Department of Housing and Urban Development - Inspector General's Office.
William Lawrence Barrow 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 July 2, 2013, before U.S. District Judge Sam E. Haddon, WILLIAM LAWRENCE BARROW, a 40-year-old resident of Clearfield, Utah, pled guilty to conspiracy to possess with intent to distribute heroin and methamphetamine. Sentencing has been set for October 7, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
On January 10, 2013, a Montana Highway Patrol (MHP) Trooper observed a vehicle on Interstate 94 near Glendive that failed to have visible registration tags. The Trooper approached the passenger side window of the vehicle and detected the odor of raw marijuana coming from within the suspect vehicle. The driver of the vehicle was identified as R.B. The passenger of the vehicle was identified as M.C.
The Trooper was given permission to search the vehicle by the registered owner, M.C. During the search, the Trooper discovered a backpack inside the vehicle. M.C. advised the backpack did not belong to him. Likewise, R.B. also denied owning the backpack. In the backpack law enforcement found numerous items of drug paraphernalia such as tin foil, a torch, numerous small plastic baggies, and a locked box. Inside the locked box there were two bags containing powdery substances. One bag field tested positive for heroin and weighed approximately 2 ounces. The second bag field tested positive for methamphetamine and weighted approximately 1.5 ounces.
The investigation revealed that R.B. and M.C. drove from Dickinson, North Dakota, to Billings on January 9, 2013. They stayed at a local motel in Billings and while at the motel, R.B. went to another room and stayed for about 2 hours. R.B. was meeting with his source of supply for methamphetamine and heroin. It was believed the male source of supply was still staying at the motel in Billings. R.B. and M.C. had previously traveled to Billings just before New Year's Day, 2013, to pick up more drugs from the same source of supply.
Law enforcement returned to the motel in Billings and discovered the source of supply, BARROW, was still staying at the motel.
Agents obtained a search warrant for the motel room. Just prior to executing the search warrant agents noticed BARROW and the female with him were packing up their car and preparing to leave the motel. Agents detained BARROW and the female passenger until a K9 Officer was able to arrive and conduct an exterior sniff test of the vehicle BARROW was driving. The K9 alerted on the vehicle.
The car and the motel room were searched by law enforcement. Agents found syringes, plastic baggies, two computers, four cellular phones - which contained several text messages between BARROW and R.B. - a leather notebook with drug ledger, a flash drive, and a false bottom Arizona Iced tea can.
BARROW was detained at the Billings DEA Office. Agents seized $2,503.22 from BARROW's person along with approximately three (3) ounces of heroin wrapped in a plastic bag.
Further investigation revealed that BARROW was R.B.'s main drug connection out of Utah. BARROW had historical distributed at least 100 grams of methamphetamine and 100 grams of heroin to R.B. during the course of the conspiracy.
BARROW faces possible penalties of a mandatory minimum of 5 years in prison and could be sentenced to 40 years, a $2,000,000 fine, and 4 years supervised release.
The illegal activities described in this case were in part attributable to the demand currently being noted in the areas referred to as the "Bakken Boom." The change of plea in this case is a direct result of the cooperative efforts of the Drug Enforcement Agency and the Montana Division of Criminal Investigations in those communities directly affected by the population influx due to the Bakken.
Tony Ray Many Guns 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 July 2, 2013, before U.S. Magistrate Judge Keith Strong, TONY RAY MANY GUNS, a 36-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 October 21, 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 February 28, 2013, MANY GUNS' wife was sleeping at a friend's home in Browning, which is within the exterior boundaries of the Blackfeet Indian Reservation. At approximately 2:00 a.m., MANY GUNS showed up at the residence after drinking "downtown." He knocked on the bedroom window so that his wife would let him inside, but she did not open the window. MANY GUNS instead entered the house through the front door and was angry that his wife failed to aid in his entrance. While they were both in bed, MANY GUNS began to hit his wife by striking her in the mouth and in the cheek with a closed fist. MANY GUNS' wife started to return blows but soon rolled onto her stomach and buried her face in the mattress in an effort to protect herself.
MANY GUNS continued to hit his wife and eventually stuck her index finger in his mouth and bit down "as hard as he could." In an effort to get MANY GUNS to release her finger, his wife used her left hand to dig into MANY GUNS' eye. MANY GUNS let go and then used both of his hands to strangle his wife. MANY GUNS' wife recalled making gasping and choking noises and began to pray out loud. MANY GUNS said, "You better pray."
The physical altercation stopped for a short time, and MANY GUNS told his wife that he wanted something to eat. He made his wife go with him. Once in the kitchen, MANY GUN's wife said something that angered him. MANY GUNS responded by slamming her into the wall near the refrigerator. He then grabbed his wife around the neck and strangled her until she lost consciousness. MANY GUNS' wife did not know how long she was unconscious, but when she regained consciousness, MANY GUNS was holding her up by her arms in the same spot. She reached out and pushed at MANY GUNS and slapped him in the face. MANY GUNS returned fire, using a closed fist to strike her in the mouth, which caused bleeding. MANY GUNS gave his wife a towel and said, "Don't bleed on my floor."
The next day, MANY GUNS' wife soaked her finger in an attempt to prevent infection. MANY GUNS' wife eventually told him, "It felt like you were [going] [to] bite my finger off." MANY GUNS responded, "I was trying to." He then told her that she should not try to fight back.
MANY GUNS' wife went to the hospital because her finger became infected and she was unable to move it. The injury to the finger of MANY GUNS' wife was extremely painful. She received Lortab, which is a narcotic drug, for the pain and was required to go through IV therapy.
On March 4, 2013, MANY GUNS was interviewed about his wife's finger. MANY GUNS initially said that he did not remember anything happening to his wife's finger. After further questioning, MANY GUNS eventually recalled that his wife was upset and yelled that she hated him. While trying to get his wife to calm down, MANY GUNS stated that his wife reached forward and pressed a finger into his eyes. MANY GUNS claimed that was when he bit her finger. MANY GUNS acknowledged that he bit his wife's finger for one minute and remembered that she was screaming, crying, and bleeding profusely.
MANY GUNS faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.