District of Montana
Press releases recorded for this federal judicial district.
William Szudera 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 June 3, 2013, before Chief U.S. District Judge Dana L. Christensen, WILLIAM SZUDERA, a 76-year-old resident of Havre, pled guilty to mail fraud. Sentencing has been set for September 26, 2013. He is 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:
From 2001 to 2012, SZUDERA collected workers compensation benefit payments based on his annual representations to the Department of Labor that he was not working and earned no income.
In fact, beginning in1977, SZUDERA was operating a shooting supply business, which made him ineligible for approximately $277,484 in benefits he received from 2001 through 2012.
From 1970 to 1978 SZUDERA was employed by the Bureau of Reclamation and the Western Area Power Administration, which was absorbed into the Bureau of Reclamation in 1977. SZUDERA was injured on the job in 1970. He returned to work in 1971 and received compensation for a partial disability.
In 1984, SZUDERA was added to the Department of Labor's permanent rolls and started receiving workers compensation checks for his wage loss due to his injury. In 1992, the Department of Labor adjusted SZUDERA's compensation after determining that he was able to earn a limited wage. Under that status, SZUDERA collected workers compensation payments based on the limited wage earning capacity of a cashier. In fact, SZUDERA owned and operated a shooting supply business, B&G Shooting Supply since at least 2000.
In a May 2000 application for a Wells Fargo credit card, SZUDERA stated under the job information section that he is self-employed as an owner of a business with a gross monthly salary of $12,500. SZUDERA's tax returns from 2002 to 2010 show that B&G Shooting had gross receipts ranging from approximately $500,000 to $750,000. The returns indicate a profit for every year with the exception of 2006.
Nevertheless, from 2002 to 2011, SZUDERA filled out annual certifications stating that he was unemployed and did not receive any outside income. The annual certifications asked SZUDERA to report all self-employment or involvement in business enterprises, including a family business, even if the activity was part-time or intermittent. Moreover, the certifications asked SZUDERA to report any work or ownership interest in a business enterprise even if the business lost money.
Agents of the Department of Energy interviewed SZUDERA in October 2011. SZUDERA stated that he knew he had to report any additional income he received each year on the annual certification. When asked whether he knowingly received income yet did not report it on the annual certification, SZUDERA answered "yes." SZUDERA's inflated workers compensation benefit checks were mailed from the U.S. Treasury to SZUDERA's home in Havre.
SZUDERA faces possible penalties of 20 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was a cooperative effort between the U.S. Department of Energy - Office of Inspector General and the U.S. Department of Labor - Office of Inspector General.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on May 31, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, the following individual was arraigned:
MACKENZIE RICHARD KEENE JOINER, a 29-year-old resident of Missoula, appeared on a charge of conspiracy to distribute cocaine and heroin. He is currently detained. If convicted of this charge, JOINER faces possible penalties of a mandatory minimum of 5 years and could be sentenced to 40 years, a $5,000,000 fine, and 4 years supervised release. Assistant U.S. Attorney Tara J. Elliott is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
The defendant pled not guilty to the charge.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on June 3, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individual was arraigned:
WENDELL LESTER WOLF BLACK, SR., a 46-year-old resident of Crow Agency, appeared on charges of assault with a dangerous weapon and assault resulting in serious bodily injury. He is currently detained. If convicted of these charges, WOLF BLACK faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release on each charge. Assistant U.S. Attorney Lori Harper Suek is the prosecutor for the United States. The investigation was conducted by Bureau of Indian Affairs.
The defendant pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on May 29, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individual was arraigned:
KRYSTEL A. BUCKLAND, a 31-year-old resident of Billings, appeared on a charge of acquiring a controlled substance by fraud. She is currently released on special conditions. If convicted of this charge, BUCKLAND faces possible penalties of 4 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Brendan P. McCarthy is the prosecutor for the United States. The investigation was conducted by the Drug Enforcement Administration.
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.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on May 29, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, the following individual was arraigned:
AUSTIN LEO HAGMAN, a 23-year-old resident of Missoula, appeared on a charge of conspiracy to distribute cocaine. He is currently released on special conditions. If convicted of this charge, HAGMAN faces possible penalties of a mandatory minimum of 5 years and could be sentenced to 40 years, a $5,000,000 fine, and 4 years supervised release. Assistant U.S. Attorney Tara J. Elliott is the prosecutor for the United States. The investigation was conducted by Federal Bureau of Investigation.
The defendant pled not guilty to the charge.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Athaliah Venus Allison Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on May 30, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, ATHALIAH VENUS ALLISON, a 36-year-old resident of Belgrade, pled guilty to (2) counts of wire fraud and (1) count of aggravated identity theft. Sentencing has been set for September 13, 2013. She is currently released on special conditions.
In an Offer of Proof filed by Assistant U.S. Attorney Timothy J. Racicot, the government stated it would have proved at trial the following:
ALLISON was the bookkeeper for Big Sky Asphalt in Bozeman from the summer of 2008 through the summer of 2012. Her work was predominantly seasonal and there were periods of time when she was employed essentially 40 hours per week and other periods where she was employed fewer than 40 hours per week, if at all.
In approximately July 2008, ALLISON began embezzling from the company by writing and signing unauthorized company checks to herself and to other entities and making unauthorized credit card purchases using the US Bank company credit card. The loss to Big Sky Asphalt is approximately $318,166.04 ($68,503.81 in check fraud and $249,662.23 in credit card fraud).
The owners of Big Sky Asphalt found out about the embezzlement when ALLISON confessed around Labor Day 2012 that she had used the company credit card to pay for her husband's substance abuse treatment in Billings. ALLISON was very upset and agreed to pay back the $6,700 charge. Later that same week, ALLISON called the wife of one of the owners of Big Sky Asphalt and told her that the credit card was due and the balance was $3,426. The owner's wife called US Bank directly to pay over the phone and was informed that the balance was $10,777, so she went to ALLISON's house to get the statement and noticed that it said $3,426. Based on the discrepancy, the owner's wife ordered transaction histories for the US Bank account dating back to December 2008.
The owner's wife audited the credit card statements and discovered $249,662.23 in unauthorized purchases, including $39,544.11 to Blanchford Landscaping. Additional investigation revealed that ALLISON approached the owner of Blanchford Landscaping, for whom she also worked as bookkeeper, in approximately July 2011 and offered to pay the company's bills with a low-interest, high-limit credit account, which turned out to be Big Sky Asphalt's US Bank credit card.
ALLISON also wrote checks to herself on Big Sky Asphalt's bank account totaling $193,303.81. Even a generous estimate of her actual wages reveals an overpayment of $68,503.81, yielding an approximate total loss amount of $318,166.04 for both the credit card and check fraud. The checks that ALLISON wrote to herself were often for "reimbursable expenses." The checks also required the signatures of both of the owners of Big Sky Asphalt (J.S. and D.S.), which ALLISON forged. The forgery on October 22, 2008, in connection with ALLISON's negotiation of check number 27462, forms the basis of the identity theft charge in Count III of the Information.
ALLISON changed the address for the US Bank statements without permission, rerouting them to her personal residence. She also had the various accounts combined into one monthly summary. Once she controlled the statements she altered them by digitally removing the unauthorized charges and adding those amounts onto authorized expenditures for purchases made by Big Sky Asphalt's owners. She then removed her personal address from the bill, replaced it with the company address, and made the statements available to the owners for their review.
ALLISON used Big Sky Asphalt's credit card to pay Blanchford Landscaping's bills and then reimbursed herself from Blanchford's checking account. It appears that she charged $39,544.11 in Blanchford bills to the Big Sky Asphalt card.
ALLISON also opened a Staples Citibank account in 2008 in Big Sky Asphalt's name and charged $1,311.90 in expenses to places such as Macy's, Nordstrom, Aeropostale, American Eagle, Babies 'R Us, and Kohl's.
From May 2009 through April 2012, during the same time period that she was embezzling from Big Sky Asphalt, ALLISON was also receiving unemployment benefits from the State of Montana. In June 2009, ALLISON reported to the State that she worked four hours and made $66. That same month, Big Sky Asphalt paid ALLISON $1,072 in wages for 80 hours of work. In August 2009, she reported 12 hours and $180 to the State, but made $2,278 working 181 hours (including overtime) for Big Sky Asphalt.
ALLISON faces possible penalties of 20 years in prison, a $250,000 fine and 3 years supervised release for each count of wire fraud and 3 years in prison, a $250,000 fine and 3 years supervised release for aggravated identity theft.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bozeman Police Department.
Kyle Lee Fulmer 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 May 28, 2013, before U.S. District Judge Sam E. Haddon, KYLE LEE FULMER, a 29-year-old resident of Colstrip, pled guilty to involuntary manslaughter. Sentencing has been set for September 11, 2013. He is currently released on special conditions.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
On September 19, 2012, at approximately 2:30 a.m., law enforcement received a call about a one-vehicle rollover crash on South Tongue River road, near Ashland, on the Northern Cheyenne Indian Reservation. The first officer on scene, a deputy from Rosebud County, identified FULMER as the driver of the Chevy pickup involved in the crash. FULMER, who was ejected from the truck, admitted that he was the driver and that he had been drinking. The deceased passenger was found in the passenger seat inside of the pickup wearing a seat belt. The passenger died of multiple acute blunt traumatic injuries to the upper body.
FULMER was interviewed and admitted that he was driving his pickup on South Tongue River road. He lost control of the pickup, drove through a barbed wire fence, rolled down an embankment, and ended up upright in a field. There were beer cans and bottles near the truck. He had been drinking alcohol prior to the crash. His BAC was .137. This analysis was performed on a sample of FULMER's blood taken some hours after the crash.
FULMER is a non-Indian, but the victim was an enrolled member of the Northern Cheyenne Tribe.
FULMER faces possible penalties of 8 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by the Bureau of Indian Affairs.
Kinsey N. Miner 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 May 29, 2013, before Senior U.S. District Judge Jack D. Shanstrom, KINSEY N. MINER, a resident of Billings, was sentenced to a term of:
Prison: 37 months, consecutive to another sentence
Special Assessment: $100
Supervised Release: 5 years
MINER was sentenced in connection with her guilty plea to conspiracy to possess with the intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
Beginning in February 2012, and continuing until August 2012, MINER distributed methamphetamine she obtained from her source of supply to her customers in the Billings area. MINER also transported quantities of methamphetamine for the sources of supply for a larger organization. MINER regularly communicated with her source of supply, other distributors and customers via cellular telephone and text message.
During the course of her involvement in the larger conspiracy, from February 2012 to August 2012, MINER personally possessed with the intent to distribute and distributed over 50 grams of methamphetamine in the Billings area.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MINER will likely serve all of the time imposed by the court. In the federal system, MINER does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
Kinsey N. Miner Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on March 29, 2013, before Senior U.S. District Judge Jack D. Shanstrom, KINSEY N. MINER, a resident of Billings, appeared for sentencing. MINER was sentenced to a term of:
Prison: 18 months, consecutive to another sentence
Special Assessment: $200
Supervised Release: 3 years
MINER was sentenced in connection with her guilty plea to possession of a stolen firearm and transferring a firearm to felon.
In an Offer of Proof filed by Special Assistant U.S. Attorney Ed Zink, the government stated it would have proved at trial the following:
During the evening hours of January 14, 2012, a Yellowstone County Sheriff's deputy was dispatched to a residence to investigate a report that a man, identified here as Z.Z., was drinking alcohol, in violation of the terms of his felony probation. The deputy arrived at the residence and went inside to speak with Z.Z. Shortly after he made contact with Z.Z., Z.Z. pulled a firearm and began firing at the deputy at a distance of only a few feet. The deputy returned fire, striking Z.Z. multiple times. Z.Z. was transported to St. Vincent's Hospital in Billings where he died from his injuries.
Following the shooting, detectives transported all the witnesses to a separate residence to conduct interviews. When interviewed, MINER gave a detailed statement of the events leading up to the shooting at her home. MINER stated that she had provided Z.Z. with the firearm he used in the shooting. MINER said that in July or August of 2011, she stole the firearm from her grandmother's boyfriend. While visiting her grandmother in Clark, Wyoming, MINER learned that her grandmother's boyfriend had a large collection of firearms. Knowing that Z.Z. wanted a firearm, MINER called Z.Z. and asked him what kind of gun he wanted. Z.Z. had MINER describe the available firearms to him and he selected the Glock handgun. MINER took the firearm and provided it to Z.Z. at a later date.
MINER knew Z.Z. was a convicted felon, on probation, at the time she stole the gun and later when she provided it to Z.Z.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MINER will likely serve all of the time imposed by the court. In the federal system, MINER 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 Yellowstone County Sheriff's Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Justin Hanley Bright Wings 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 May 29, 2013, before U.S. District Judge Richard F. Cebull, JUSTIN HANLEY BRIGHT WINGS, a 27-year-old resident of Lodge Grass and an enrolled member of the Crow Tribe of Indians, was sentenced to a term of:
Prison: 41 months
Special Assessment: $100
Supervised Release: 3 years
BRIGHT WINGS was sentenced in connection with his guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
On June 9, 2012, at approximately noon, BRIGHT WINGS was driving a vehicle with five passengers, one of whom was his 11-month-old son. BRIGHT WINGS was drunk while driving and lost control of the vehicle on a highway. The crime occurred within the exterior boundaries of the Crow Indian Reservation.
The vehicle rolled several times and ended up in an irrigation ditch. BRIGHT WINGS's 11-month-old son suffered an epidural hematoma in his head (blood leaking into a layer of the tissue covering the brain) as a result of the wreck. The child was taken to St. Vincent's Hospital in Billings where he was treated.
BRIGHT WINGS's blood was drawn shortly after the crash and analyzed. The lab report indicated that his BAC approximately 1 hour after the crash was 0.318. Using back-extrapolation calculations to estimate the BAC at the time of the crash, the FBI lab report estimated that BRIGHT WINGS's BAC at the time of the crash would have been approximately 0.34 (with a possible range of 0.33 to 0.35).
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BRIGHT WINGS will likely serve all of the time imposed by the court. In the federal system, BRIGHT WINGS 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 a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.
Gerald Adelore Paquin 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 May 29, 2013, before U.S. District Judge Sam E. Haddon, GERALD ADELORE PAQUIN, a 55-year-old resident of Billings, was sentenced to a term of:
Prison: 12 months
Special Assessment: $100
Restitution: $141,231.15
Supervised Release: 3 years
PAQUIN was sentenced in connection with his guilty plea to tax fraud and making false statements.
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:
PAQUIN was a feed salesman operating in the Billings area. From 2005 to 2007, PAQUIN was employed as a salesman for Cenex Harvest States (CHS). As a salesman for CHS, PAQUIN sold feed and supplements to local ranchers and distributors. Farmers Union Association of Hardin (FUA) had an agreement with CHS where in PAQUIN was "leased" to FUA by CHS as a salesman for one day a week. During the one day a week PAQUIN would sell product to local ranchers on behalf of FUA. In exchange for PAQUIN's time, FUA paid a fee directly to CHS.
One of the products PAQUIN sold for CHS was wheat midds, a base component of feed to which supplements are added. Eventually, CHS stopped selling wheat midds because of the volatility of the market. PAQUIN found another midd supplier, Laughlin Cartrell (LC). PAQUIN began selling the wheat midds he obtained from LC to FUA customers during his one day a week of sales. The change in the supplier of the wheat midds gave PAQUIN the opportunity he needed to essentially begin to operate a personal business selling wheat midds to FUA customers, using FUA's credit to obtain the wheat midds, keeping the money he made from the sales and not paying down FUA's credit line which he used to buy the wheat midds from LC.
During sales calls PAQUIN would sell the LC wheat midds to his customers and instruct the customers to pay him directly rather than make their payments to FUA. PAQUIN's sales of wheat midds to customers were recorded on the FUA books which were maintained by a manager of FUA. Following each sale the manager would credit a receivable account in PAQUIN's name instead of the account of the rancher actually making the purchase. PAQUIN usually did not use the customer's funds, which were paid to him, to pay the liability he incurred on behalf of FUA from LC. Many of the checks from customers were deposited into PAQUIN's personal bank account. PAQUIN continued to let his FUA balance increase until the outstanding balance was so high the Board of Directors of FUA began to ask questions. The Board of Director's questions led to a meeting with PAQUIN. During the meeting PAQUIN is reported as saying, "I could pay you back, go to jail, or kill myself." When questions began to arise about PAQUIN's dealings he paid back some of the stolen money to FUA.
PAQUIN did not report any of the income earned through his sales scheme on his taxes for 2005, 2006, and 2007. PAQUIN's tax returns for 2005, 2006, and 2007 were prepared by an accountant. The accountant confirmed that he relied upon the income information supplied by PAQUIN when completing his tax returns. In 2005 and 2006 PAQUIN claimed he had no other sources of income. In 2007, PAQUIN only claimed the amount noted paid by LC, not the ill gotten funds.
PAQUIN owes the Internal Revenue Service $66,304.00 in restitution plus accrued interest and penalties.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that PAQUIN will likely serve all of the time imposed by the court. In the federal system, PAQUIN does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Criminal Investigation Division of the Internal Revenue Service.
Corina Moldrem 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 May 29, 2013, before U.S. District Judge Sam E. Haddon, CORINA MOLDREM, a 26-year-old resident of Billings, was sentenced to a term of:
Prison: 92 months
Special Assessment: $100
Supervised Release: 5 years
MOLDREM was sentenced in connection with her guilty plea to conspiracy to possess and distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
Beginning in late 2009, a drug distribution group out of Las Vegas, Nevada, were distributing methamphetamine in Billings and the surrounding area. The F.B.I. Big Sky Safe Streets Task Force (BSSSTF) began an investigation and arranged for the purchase of methamphetamine from Jose Aguilar, Jr. and Anjel Aguilar. The BSSSTF learned that the Aguilar brothers were utilizing a distribution network in Billings to distribute Flores' methamphetamine. Two of the distributors for the group were Jeri Milheim and Corina MOLDREM.
The investigation by law enforcement uncovered that MOLDREM, along with others, not only distributed methamphetamine for the organization, but participated in the transportation, unpacking and repackaging of half pound to pound quantities of methamphetamine.
As part of the investigation, a probation search was conducted at MOLDREM's residence on July 16, 2010. The search uncovered 56.0 grams of meth, along with meth pipes, a drug scale, and a loaded .45 caliber handgun.
MOLDREM was interviewed and admitted to distributing methamphetamine personally as well as to assisting others in the transportation, unpacking and repackaging of methamphetamine for distribution in the Billings area.
MOLDREM admitted that she participated in a conspiracy that possessed and distributed over 500 grams of methamphetamine from the Summer of 2009, and continuing thereafter until in or about the late Summer of 2010.
Jose Aguilar, Anjel Aguilar, and Milheim pled guilty to federal charges and have been sentenced.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MOLDREM will likely serve all of the time imposed by the court. In the federal system, MOLDREM does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Billings Big Sky Safe Streets Task Force.
Joyce Tatsey Spoonhunter Found Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that on May 22, 2013, in Great Falls, after a federal district court trial before Chief U.S. District Judge Dana L. Christensen, JOYCE TATSEY SPOONHUNTER, a 56-year-old resident of Browning, was found guilty of three counts of wire fraud. Sentencing is set for August 28, 2013. She is currently released on special conditions.
At trial, the following evidence and testimony was presented to the jury.
The North American Indian Days is a time for celebration on the Blackfeet Indian Reservation. Friends gather, eat, enjoy the warm summer days, and vendors attend to display their skills and products in order to generate income off the attendees. A tremendous amount of money is generated during the celebration.
SPOONHUNTER used her position in the Blackfeet Tribe to steal money from individuals who tried to reserve spots for vendor sites at the North American Indian Days. When the vendors arrived, their spots had not been reserved, and their payments to SPOONHUNTER had not been turned over to the Tribe. As a result, vendors were required to double-pay or move their reserved spots to an undesirable location at the North American Indian Days. Payments made to individuals other than SPOONHUNTER had no problem.
The amount SPOONHUNTER is accountable for was approximately $8,000.
Assistant U.S. Attorney Ryan G. Weldon prosecuted the case for the United States.
SPOONHUNTER faces, for each count, possible penalties of 20 years in prison, a $250,000 fine, and 3 years supervised release.
The investigation was conducted by the Federal Bureau of Investigation and the Blackfeet Internal Affairs.
Waylon Ronald Burns 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 May 23, 2013, before U.S. District Judge Donald W. Molloy, WAYLON RONALD BURNS, a 35-year-old resident of Lame Deer and an enrolled member of the Northern Cheyenne Tribe, was sentenced to a term of:
Prison: 188 months
Special Assessment: $100
Supervised Release: 20 years
BURNS was sentenced in connection with his guilty plea to attempted aggravated sexual abuse.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
On August 4, 2012, the victim and some friends were drinking and driving around Lame Deer. At some point, BURNS joined them. BURNS started acting weird and aggressive and everyone but the victim got out of the car. The victim and BURNS eventually drove to the rodeo grounds. BURNS physically assaulted the victim and then raped her.
When interviewed, BURNS admitted that he had sex with the victim, but claimed it was consensual.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BURNS will likely serve all of the time imposed by the court. In the federal system, BURNS does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Bureau of Indian Affairs.
Wamblee Tonka Rowland 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 May 23, 2013, before U.S. District Judge Donald W. Molloy, WAMBLEE TONKA ROWLAND, a 34-year-old resident of Lame Deer and an enrolled member of the Northern Cheyenne Tribe, was sentenced to a term of:
Prison: 24 months
Special Assessment: $100
Supervised Release: 3 years
ROWLAND 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 July 16, 2012, the victim was at her home in Lame Deer, which is within the boundaries of the Northern Cheyenne Indian Reservation. ROWLAND and the victim got into a verbal argument that escalated to the point where ROWLAND threw rocks at her. ROWLAND threatened to kill the victim and told her that he was going to get his gun. ROWLAND then walked to his house, in the same neighborhood, and retrieved a shot gun. He loaded the gun with shells, walked toward the victim, and confronted her with the gun. He cocked the gun and pointed it at her. The victim retreated into her residence but, once inside, remembered that her children were outside and went back out to retrieve her kids. The victim was afraid that ROWLAND would shoot her in front of her kids.
ROWLAND's common law wife was outside of ROWLAND's house and witnessed the altercation with the victim. She tried to calm ROWLAND down, but ROWLAND's response was to point the gun at her. When interviewed, though, ROWLAND's common-law wife said that she was not afraid because the gun was not operational and she believed that she could calm ROWLAND down.
The police were called by neighbors who also witnessed the altercation. ROWLAND retreated into his house, hid the shotgun, and then hid under a table. He was arrested while trying to hide. He had shells in his pocket. The shot gun was seized.
Law enforcement test fired the shotgun and confirmed that it is operational.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ROWLAND will likely serve all of the time imposed by the court. In the federal system, ROWLAND 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.
Michael Andrew Kannegiesser 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 May 23, 2013, before U.S. District Judge Donald W. Molloy, MICHAEL ANDREW KANNEGIESSER, a 22-year-old resident of Billings, appeared for sentencing. KANNEGIESSER was sentenced to a term of:
Prison: 15 months
Special Assessment: $100
Community Service: 150 hours
Supervised Release: 3 years
KANNEGIESSER was sentenced in connection with his guilty plea to 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:
On July 8, 2012, KANNEGIESSER was stopped for speeding by law enforcement in Red Lodge. The deputy conducting the stop could smell the odor of an alcoholic beverage and marijuana coming from inside KANNEGIESSER's vehicle, and found an open can of beer in the cup-holder. KANNEGIESSER had a suspended driver's license and his passenger had two warrants. Both were taken into custody. Marijuana and other items of drug paraphernalia were located in the vehicle. While in the vehicle, KANNEGIESSER told the officer that he had a gun right next to him, and the officer found a Springfield, model XDM, 9 mm, semi-automatic pistol right next to where KANNEGIESSER had been sitting, covered by a sleeping bag. KANNEGIESSER gave several conflicting stories about whether the gun was his and then where he had obtained the gun. He also reported that he had a Ruger 10-22 and a Marlin .22 at home. When the deputy checked the gun's serial number, he found that it had been stolen from a person in Billings in May, along with a Ruger 10-22 and a Marlin .22. Both KANNEGIESSER and his passenger were taken into custody; Kannegieser reported that he was on probation and could not be in possession of a firearm.
An ATF Task Force Officer contacted KANNEGIESSER several days later and received additional conflicting stories about his acquisition of the gun, and where the others he had reported he owned were. The officer was unable to retrieve the other stolen guns.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that KANNEGIESSER will likely serve all of the time imposed by the court. In the federal system, KANNEGIESSER 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 Alcohol, Tobacco, Firearms and Explosives and the Red Lodge Police Department.
Frank Xavier Manyen and Julie Ann Rozell 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 May 22, 2013, before U.S. District Judge Donald W. Molloy, FRANK XAVIER MANYEN, a 32-year-old resident of Laurel, and JULIE ANN ROZELL, a 38-year-old resident of Billings, appeared for sentencing.
MANYEN was sentenced to a term of:
Prison: 60 months
Special Assessment: $100
Community Service: 400 hours
Supervised Release: 4 years
ROZELL was sentenced to a term of:
Prison: 57 months
Special Assessment: $100
Community Service: 400 hours
Supervised Release: 5 years
They were sentenced in connection with their guilty pleas to conspiracy to possess with intent to distribute and distribution of methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
In October of 2010, the FBI Safe Streets Task Force (BSSSTF) received information about a large scale methamphetamine distribution organization operating in Yellowstone County.
In the spring of 2011, law enforcement began performing electronic surveillance on C.M., an individual living in Billings. Investigators discovered that C.M., D.M. and A.H. began supplying the larger methamphetamine organization in late 2010 with methamphetamine after the prior source of supply had a run in with law enforcement. C.M., D.M. and A.H., had several distributors that sold the methamphetamine for the organization. One of the distributors was ROZELL. ROZELL admitted to distributing approximately four pounds of methamphetamine for the organization. One of her distributors was MANYEN.
During the investigation law enforcement learned that MANYEN was a distributor of methamphetamine for ROZELL from approximately March 2011, and continuing thereafter until late January 2012. MANYEN worked with Heather Manyen to distribute the methamphetamine obtained from ROZELL - MANYEN and Heather Manyen together distributed the methamphetamine they obtained from ROZELL in the greater Billings area. MANYEN and Heather Manyen obtained approximately 700 grams of methamphetamine from ROZELL, which they in turn distributed to their own customers.
Heather Manyen pled guilty to federal charges and is awaiting sentencing.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that they will likely serve all of the time imposed by the court. In the federal system, they do have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Billings Big Sky Safe Streets Task Force and High Intensity Drug Trafficking Area (HIDTA) Task Force.
Ervin Salgado Osorio Found Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that on May 22, 2013, in Helena, after a federal district court trial before U.S. District Judge Sam E. Haddon, ERVIN SALGADO OSORIO, a 32-year-old resident of Toppenish, Washington, was found guilty of conspiracy to distribute methamphetamine and distribution of methamphetamine. Sentencing is set for September 11, 2013. He is currently detained.
Assistant U.S. Attorney Paulette L. Stewart prosecuted the case for the United States.
OSORIO faces possible penalties of a mandatory minimum of 5 years and could be sentenced to 40 years, a $2,000,000 fine, and 4 years supervised release on each charge.
The investigation was a cooperative effort between the Missouri River Drug Task Force, the Federal Bureau of Investigation, the Montana Division of Criminal Investigation, the Helena Police Department, the Lewis & Clark Sheriff's Office, and the Drug Enforcement Administration.
Robert Kirk Belton 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 May 20, 2013, before U.S. District Judge Sam E. Haddon, ROBERT KIRK BELTON, a 49-year-old resident of Poplar, appeared for sentencing. BELTON was sentenced to a term of:
Prison: 88 months
Special Assessment: $100
Supervised Release: 5 years
BELTON 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 Laura B. Weiss, the government stated it would have proved at trial the following:
On September 5, 2012, BELTON fled the scene of a traffic stop near Wolf Point. While driving away, BELTON threw a Crown Royal bag out the window. The bag contained approximately $12,000 and over 50 grams of a substance containing a detectable amount of methamphetamine.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BELTON will likely serve all of the time imposed by the court. In the federal system, BELTON 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 Fort Peck Law Enforcement, and the Roosevelt County Sheriff's Office.
Michael Bearhill, 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 May 21, 2013, before Chief U.S. District Judge Dana L. Christensen, MICHAEL BEARHILL, JR., a 21-year-old resident of Wolf Point and an enrolled member of a federally-recognized tribe, pled guilty to robbery. Sentencing has been set for August 27, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
In the early hours of February 2, 2013, BEARHILL entered a convenience store in Wolf Point, which is within the exterior boundaries of the Fort Peck Indian Reservation, and pointed what appeared to be a gun at two employees behind the counter. He forced them to open the till while he continued to point the gun at an employee. An employee described the robber as having a blank stare, and she realized he was serious. He removed over $300 from the till and fled. He was later identified on video by other employees as BEARHILL.
When questioned, BEARHILL admitted to going into the convenience store, pulling a gun out of his coat, and telling the employees he wanted money.
BEARHILL faces possible penalties of 15 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by the Fort Peck Tribes Criminal Investigation Division.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on May 22, 2013, before U.S. Magistrate Judge Keith Strong, the following individual was arraigned:
PATRICK CHARLES THOMAS, a 55-year-old resident of Cut Bank, appeared on charges of violation of the False Claims Act, conversion of secured property, and federal agricultural loan fraud/false writing. He is currently released on special conditions. If convicted of these charges, THOMAS faces possible penalties of 5 years in prison, a $250,000 fine, and 3 years supervised release on each count. Assistant U.S. Attorney Carl E. Rostad is the prosecutor for the United States. The investigation was a cooperative effort between the U.S. Department of Agriculture - Office of Inspector General and the Federal Bureau of Investigation.
The defendant pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Vince Lee Whiteman Found Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that on May 21, 2013, in Billings, after a federal district court trial before U.S. District Judge Donald W. Molloy, VINCE LEE WHITEMAN, a 23-year-old resident of Lame Deer and an enrolled member of the Northern Cheyenne Tribe, was found guilty of assault with a dangerous weapon and aiding and abetting assault with a dangerous weapon. A sentencing date will be scheduled at a later time. He is currently detained.
At trial, the following evidence and testimony was presented to the jury.
On the evening of July 29, 2011, the victim was with his nephew and they were drinking together. At some point they met up with WHITEMAN and then, later, met up with Zachary Knows His Gun. All four drove to Soldier Gulch Road where they parked the car and continued to drink. The victim and Knows His Gun were in the back seat of the car. WHITEMAN had a knife with him.
An argument about who was tougher led Knows His Gun to ask WHITEMAN for his knife. WHITEMAN gave him his knife. Knows His Gun then stabbed the victim in the neck. The victim fought back, which resulted in WHITEMAN joining the fight and, according to the victim and Knows His Gun, also stabbing the victim in the neck. The victim got out of the car and was able to run away. The victim identified both Knows His Gun and WHITEMAN as the assailants.
After hiding in the hills for a period of time, the victim went to a house for help.
WHITEMAN was interviewed and admitted that he gave Knows His Gun his knife, but claimed that he did not know why Knows His Gun wanted the knife. He denied stabbing or assaulting the victim and, in fact, claimed that he pulled Knows His Gun away from the victim and tried to help the victim.
Knows His Gun, the nephew, and another witness were interviewed and described the knife that WHITEMAN was carrying the day of the assault. Knows His Gun and the other witness provided law enforcement with drawings of the knife during the investigation.
WHITEMAN was arrested on tribal charges and his pants, which appeared to have blood on them, were seized. DNA analysis confirmed that the major contributor of the DNA extracted from the blood stain on WHITEMAN's pants was the victim's.
Knows His Gun pleaded guilty to assault with a dangerous weapon and is serving a 37-month federal sentence.
Assistant U.S. Attorney Brendan P. McCarthy and Legal Intern Amanda Tiernan prosecuted the case for the United States.
WHITEMAN faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release on each count.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.
Martin Lloyd Old Horn Arraigned and Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on May 21, 2013, before U.S. District Judge Sam E. Haddon, MARTIN LLOYD OLD HORN, a 22-year-old resident of Hardin, was arraigned and pled guilty to mail fraud - scheme to defraud or to obtain money or property by false promises. Sentencing has been set for September 10, 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:
The Crow Tribal Historic Preservation Office (CTHPO) Is a designated office of the Crow Indian Tribe that provides for direct Tribal involvement and leadership in the protection and enhancement of Crow lands and cultural resources. It serves to identify, inventory, and protect culturally, archeologically, and historically important resources both on and off the reservation.
Each year, the CTHPO receives grant funds from the National Park Service, U.S. Department of the Interior. A requirement for any enterprise seeking to do work on the reservation that may disturb tribal lands - utilities, construction, energy exploration, development - is that the business employ the services of a CTHPO employee (archeological technician) to monitor the project to insure that lands of cultural or historic importance are not destroyed. The company is then charged for this monitoring service and payments are made to the Crow Tribe.
During the summers of 2010 and 2011, either before leaving for or while home from school at the University of Montana (UM), OLD HORN, at the urging and instigation of his mother and other family members, represented himself to be a monitor for the Crow Tribe Historical Preservation Office. He had no training for the position, had not been hired by the Crow Tribe to be a tribal monitor, and had no authority other than the direction of his family to engage in the business of being a tribal monitor.
During 2010, the evidence would have reflected that the invoices to companies for direct payment to OLD HORN, for his purported services, were submitted by his mother. During 2011, the time period alleged in the indictment, the evidence indicates that OLD HORN submitted invoices for his purported services directly. OLD HORN billed on an hourly basis and always billed for an entire day. The evidence would show that OLD HORN was usually in the company of his mother or cousin when on-site, that he made no logs or reports documenting his work or observations as required by legitimate monitoring standards, and that on numerous occasions he was not on site for the hours billed to the company. During the time period of the indictment - the two month period in the summer of 2011 - OLD HORN received $19,184.15 in compensation from companies doing business on the Crow Indian Reservation.
In addition, OLD HORN received an additional $24,477 when his mother submitted invoices on his behalf, for a total of $43,661 received on the basis of his billing for services as if a legitimate tribal monitor. The United States maintains that the fraudulent nature of the invoices remains the same whether submitted by OLD HORN or his mother. The United States and OLD HORN have stipulated to one-half of the total amount - $21,830 - as restitution and use in the fraud loss calculation based on the time and service that may have been legitimately rendered.
The companies made their payments to Martin OLD HORN through the U.S. Mail.
OLD HORN faces possible penalties of 20 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by the U.S. Department of Interior - Office of Inspector General. # # # #
Donald Carl Salois 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 May 20, 2013, before U.S. District Judge Sam E. Haddon, DONALD CARL SALOIS, a 49-year-old resident of Browning, was sentenced to a term of:
Prison: life
SALOIS was sentenced after a federal district court trial in which he was found guilty of aggravated sexual abuse. Assistant U.S. Attorneys Ryan G. Weldon and Laura B. Weiss prosecuted the case for the United States.
At trial, the following evidence and testimony was presented to the jury.
On February 25, 2010, SALOIS picked up the victim, a 51-year-old grandmother, in his vehicle along Highway 2, south of Browning, which is within the exterior boundaries of the Blackfeet Indian Reservation. SALOIS said that he would take the victim home, but that never occurred. Instead, SALOIS passed the victim's residence, stopped at a sufficiently secluded place, exited his vehicle, and brutally raped the victim.
When questioned by law enforcement, SALOIS admitted that he had sex with the victim, but claimed the encounter was consensual and occurred in his residence, not on the side of the road. SALOIS also claimed that he never left his residence the night of the rape. The FBI investigated and discovered that neighbors, on the night of the rape, did not see the vehicle owned by SALOIS at the residence.
After the government presented testimony of 12 witnesses over the course of a day and a half, which included medical professionals, law enforcement, lay witnesses, and a DNA expert, the jury convicted SALOIS.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SALOIS will likely serve all of the time imposed by the court.
The investigation was conducted by the Federal Bureau of Investigation.
Ronald Jay Miller Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on May 14, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, RONALD JAY MILLER, a 56-year-old resident of Helena, pled guilty to access with the intent to view child pornography. Sentencing has been set for August 9, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:
From approximately 2011 until October 18, 2012, MILLER accessed visual depictions of children engaged in sexually explicit conduct on his computer.
Montana Probation and Parole conducted a probation search of MILLER's residence on October 18, 2012, in reference to his possession of firearms at his residence. At that time, MILLER's computer and a number of floppy discs were seized.
While looking for information on MILLER's computer and floppy discs for firearm information, law enforcement located an image of a child engaged in sexually explicit conduct. Forensic examination revealed that MILLER accessed images and videos containing children engaged in sexually explicit conduct using his computer and the Internet. The Internet access dates were between approximately June 2011 and October 2012.
MILLER faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to 20 years, a $250,000 fine, and lifetime supervision.
The investigation was conducted by the Montana Probation and Parole.
Joseph Christopher Birdtail 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 May 16, 2013, before U.S. Magistrate Judge Keith Strong, JOSEPH CHRISTOPHER BIRDTAIL, a 36-year-old resident of Harlem and an enrolled member of a federally recognized Indian tribe, pled guilty to abusive sexual contact. Sentencing has been set for August 27, 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 Friday, June 22, 2012, BIRDTAIL sexually abused an approximately one-and-a-half years old child. The child was taken to an emergency room where a doctor confirmed that the victim had been sexually abused.
BIRDTAIL was interviewed and admitted that he had abused the victim.
The crime occurred on the Fort Belknap Indian Reservation.
BIRDTAIL 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 Fort Belknap Tribes Law Enforcement.
Joscayne Denny 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 May 16, 2013, before U.S. Magistrate Judge Keith Strong, JOSCAYNE DENNY, a 33-year-old resident of Box Elder, pled guilty to distribution of a controlled substance. Sentencing has been set for August 16, 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 March 30, 2012, DENNY knowingly gave two girls methamphetamine. Both girls smoked the methamphetamine out of a broken lightbulb. One girl was taken to the Northern Montana Hospital shortly after she ingested the methamphetamine. A toxicology report showed amphetamine was in her system.
DENNY faces possible penalties of 20 years in prison, a $1,000,000 fine and 3 years supervised release.
The investigation was conducted by the Federal Bureau of Investigation.
Shahid Sindhu Khan 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 14, 2013, before U.S. District Judge Dana L. Christensen, SHAHID SINDHU KHAN, a 39-year-old resident of Othello, Washington, was sentenced to a term of:
Prison: 18 months
Special Assessment: $100
Supervised Release: 4 years
KHAN 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 L. Elliott, the government stated it would have proved at trial the following:
On August 23, 2012, a Confidential Informant (CI) was scheduled to purchase cocaine from KHAN and Ijaz Khan Sindhu in Missoula. Prior to arriving in Montana, KHAN and Sindhu were stopped by Idaho police officers and it was later discovered that they had 10 ounces of cocaine in their car.
The CI would have testified that he purchased cocaine from Sindhu on numerous occasions between January and August of 2012, and usually purchased approximately 9 ounces of cocaine at a time. He would have further testified that KHAN was with Sindhu on at least 4 or 5 of those occasions and at least once KHAN took the money from the CI for the cocaine.
Sindhu pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that KHAN will likely serve all of the time imposed by the court. In the federal system, KHAN does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Oney Joseph Baker 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 May 16, 2013, before U.S. Magistrate Judge, ONEY JOSEPH BAKER, a 39-year-old resident of Great Falls, pled guilty to being a felon-in-possession of firearms and an armed career criminal. Sentencing has been set for August 16, 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 August 17, 1999, BAKER was sentenced in U.S. District Court to 51 months imprisonment after a jury found him guilty of conspiracy to distribute a controlled substance, possession with intent to distribute a controlled substance, and distribution of a controlled substance. The sentence of imprisonment was to be followed by three years of supervised release, wherein the court ordered BAKER to not own or possess a firearm.
On October 30, 2002, the Montana Eight Judicial District Court in Cascade County sentenced BAKER for the crime of felony criminal possession of dangerous drugs. Specifically, the court sentenced BAKER to three years to the Department of Corrections, and ordered Baker to not own, possess, or be in control of any firearms or deadly weapons.
On April 27, 2007, the Montana Eighth Judicial District Court in Cascade County sentenced BAKER for three felony convictions: assault with a weapon, theft, and robbery. The three convictions were from different cases, however, they were resolved in one global plea agreement and sentencing. The court sentenced BAKER to ten years imprisonment at the Montana State Prison. It also specifically ordered that he "shall not own, possess, or be in control of any firearms or deadly weapons."
On July 8, 2012, around 3:09 pm, Great Falls police officers were dispatched to Bobo's Casino for a report of an armed robbery. Officers arrived at Bobo's and spoke with an employee of the casino. The employee said she had been throwing trash away when a man entered the casino through the east side door. She turned toward the man and he pointed a small black handgun at her head. The man, described as a Native American male, approximately 5'9" and 160 pounds, yelled, "give me the money, bitch!" The employee emptied the money in her apron, which contained approximately $300 to $400 dollars in cash. The man became upset and said, "that's, not all there is, bitch!" The employee opened the cash register. The register contained only loose change and the man tossed the register in anger once he saw it did not contain any cash. He ran out of the same east side door, got into a green minivan, and drove off at a high rate of speed.
The manager of Bobo's Casino arrived shortly thereafter and pulled up the surveillance video of the time of the robbery. Officers observed that the robbery took place exactly as the employee had described. Detectives then began to investigate the robbery, and numerous tips were called in to the police department.
The next day a concerned citizen called the police and stated there was a suspicious green minivan parked on the street that he had not seen the previous evening. Officers responded to the report of the suspicious car. They believed the parked minivan matched the description of the minivan used in the robbery. After again viewing the surveillance video, the officers found the minivan in the video was clearly the minivan parked on the street.
Numerous other tips continued to be reported. The tips and further investigation indicated that BAKER had robbed the casino.
On July 18, 2012, law enforcement observed BAKER leave a house carrying a dark colored piece of rolling luggage and a blue duffel bag. BAKER was with two other individuals. Law enforcement began to follow the car once BAKER drove away. At one point, BAKER tried to conceal the car by driving into an alley. A Deputy U.S. Marshal turned on his top lights and siren to initiate a traffic stop and the car immediately fled at a high rate of speed through neighborhood streets.
The car stopped at an apartment complex and all three people fled on foot. Police caught the other individuals, but BAKER had fled through the neighborhoods. Law enforcement yelled at BAKER to stop running and he refused to stop. BAKER dropped the duffel bag near a garage as he ran. A neighbor recovered the duffel bag and provided it to police. Three detectives finally apprehended BAKER who had to be held down by all three men.
Detectives searched the duffel bag they recovered from BAKER, as well as the vehicle. The detectives recovered a Lorcin, model L380, .380 caliber semi-automatic pistol from the front passenger seat floorboard. This pistol had been in BAKER's possession, and it contained seven rounds of .380 caliber ammunition, including one round that was in the chamber. A search of the duffel bag revealed a fully loaded Mossberg, model 500A, 12 gauge pump action shotgun. Law enforcement seized five rounds of 12 gauge ammunition from the shotgun. Detectives also found 25 rounds of 20 gauge ammunition and 18 rounds of .380 caliber ammunition in the duffel bag.
BAKER faces possible penalties of a mandatory minimum of 15 years to life in prison, a $250,000 fine, and 5 years supervised release.
The investigation was a cooperative effort between the Great Falls Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Jerard David Jo Threefingers 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 May 15, 2013, before U.S. District Judge Sam E. Haddon, JERARD DAVID JO THREEFINGERS, a 23-year-old resident of Lame Deer and an enrolled member of the Northern Cheyenne Tribe, pled guilty to involuntary manslaughter. Sentencing has been set for September 9, 2013.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
On October 2, 2012, at approximately 12:30 p.m., law enforcement was advised of a one vehicle rollover crash on Crazy Head Springs Road near Lame Deer on the Northern Cheyenne Indian Reservation. The caller reported that one passenger was unconscious and another passenger was injured and needed medical help. Law enforcement arrived on the scene and found both a male and female lying on the ground. The female was deceased; the male was alive but injured. Law enforcement took photographs and collected evidence, including an empty Budweiser 30-pack container and 2 unopened cans of Budweiser.
After additional investigation, law enforcement learned that the vehicle, a Ford Explorer, was owned by the deceased female but they were unsure whether she had been driving the vehicle at the time of the crash. There were clear shoe impressions on the brake pedal and the driver's side door panel, but the deceased female was barefoot. Also, the driver's side seat was adjusted for someone much taller than the deceased female.
After some additional investigation, law enforcement learned that THREE FINGERS and another female had been in the car at the time of the crash but had walked away from the scene. Approximately two hours after the crash, THREE FINGERS was located by law enforcement and arrested on tribal charges of intoxication, DUI, and criminal homicide. THREE FINGERS was not interviewed until the next day because of his level of intoxication.
At first, THREE FINGERS identified the deceased female as the driver but, after further questioning, THREE FINGERS admitted that he was the driver. He admitted that he had been drinking prior to the crash and he explained that he hit a bump, lost control of the car, and caused the death of female and the injuries to the other passenger.
A toxicology screen of a blood sample taken from THREE FINGERS about three hours after the crash contained a blood alcohol content of .09.
The passenger that walked away from the scene with THREE FINGERS was interviewed and also admitted that THREE FINGERS was driving the vehicle at the time of the crash.
THREEFINGERS faces possible penalties of 8 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.
Ijaz Khan Sindhu 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 14, 2013, before U.S. District Judge Dana L. Christensen, IJAZ KHAN SINDHU, a 33-year-old resident of Othello Washington, was sentenced to a term of:
Prison: 60 months
Special Assessment: $100
Supervised Release: 4 years
SINDHU 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 L. Elliott, the government stated it would have proved at trial the following:
On August 23, 2012, a Confidential Informant (CI) was scheduled to purchase cocaine from Shahid Khan and SINDHU in Missoula. Prior to arriving in Montana, Khan and SINDHU were stopped by Idaho police officers and it was later discovered that they had 10 ounces of cocaine in their car.
The CI would have testified that he purchased cocaine from SINDHU on numerous occasions between January and August of 2012, and usually purchased approximately 9 ounces of cocaine at a time. He would have further testified that Khan was with SINDHU on at least 4 or 5 of those occasions and at least once Khan took the money from the CI for the cocaine.
Khan pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SINDHU will likely serve all of the time imposed by the court. In the federal system, SINDHU 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.
Matthew Thomas Morledge 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 15, 2013, before Chief U.S. District Judge Dana L. Christensen, MATTHEW THOMAS MORLEDGE, a 31-year-old resident of Billings, was sentenced to a term of:
Prison: 24 months, consecutive to revocation sentence
Special Assessment: $100
Supervised Release: 3 years
MORLEDGE was sentenced in connection with his guilty plea to possession with the intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorneys Brendan M. McCarthy and Jessica T. Fehr, the government stated it would have proved at trial the following:
On August 27, 2012, a Montana Highway Patrol trooper stopped MORLEDGE for speeding in a construction zone in Gallatin County. The trooper asked MORLEDGE to exit the vehicle and as he did so, MORLEDGE reached with his right hand under his folded down center arm rest and either retrieved or concealed something. As he stood up, he worked his hand around his waist band. The trooper asked if MORLEDGE had weapons, and he denied it. The trooper asked for MORLEDGE to lift his shirt so he could observe his waistband. There was part of a plastic baggie protruding above the waistline of MORLEDGE's underwear below his navel. The trooper asked about the bag and MORLEDGE denied there was a bag. As the trooper patted MORLEDGE down for weapons, he felt large amounts of cash in his pockets. MORLEDGE said it was about $5,000, then said the amount was closer to $6,000. MORLEDGE admitted he was on federal probation for possession of explosives.
MORLEDGE was convicted in 2005 and re-sentenced in 2007 for distribution of methamphetamine and possession of a pipe bomb in two separate cases in Federal District Court in Billings. MORLEDGE was re-sentenced to 97 months in prison and was released to supervision on March 12, 2012.
A search of MORLEDGE's person and vehicle was authorized by his probation officer. During that search a baggie containing a white crystal substance that MORLEDGE admitted was "dope" was found in MORLEDGE's pants. Also found was the baggie full of suspected cutting agent and $7,530 in cash in MORLEDGE's shorts.
Testing of the narcotics found in MORLEDGE's shorts found that the 9.3 grams of suspected methamphetamine were in fact 88.4% pure methamphetamine, for a total of 8.2 grams of pure methamphetamine.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MORLEDGE will likely serve all of the time imposed by the court. In the federal system, MORLEDGE does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Justice Department Reaches Settlement to Reform the Missoula, Mont. Police Department's Response to Sexual AssaultRead the Press Release
WASHINGTON - The Department of Justice today reached a comprehensive agreement with the Missoula, Mont., Police Department to ensure that the police department fairly and effectively responds to reports of sexual assault. In May 2012, the Justice Department launched an investigation into allegations that the Missoula Police Department was failing to adequately respond to and investigate reports of sexual assault, due to unlawful gender discrimination in violation of the Violent Crime Control and Law Enforcement Act of 1994, and the anti-discrimination provisions of the Omnibus Crime Control and Safe Streets Act of 1968. The Agreement announced today resolves the Justice Department's investigation of the Missoula Police Department. The department also released a letter of findings outlining the results of the investigation.
The agreement with the Missoula Police Department requires that the police department:
- nitor, community-based organizations and other stakeholders, to develop and implement the reforms described in the agreement, and to evaluate OPS' success in effecting meaningful reform;
The city of Missoula anticipates that it will achieve compliance with this agreement within two years.
A police department cannot truly protect women in its community without being prepared to respond to reports of sexual assault effectively and without bias," said Roy L. Austin Jr., Deputy Assistant Attorney General for the Civil Rights Division. "Equal access to the protection of police and the courts is a matter of basic justice. We commend the City of Missoula and the Missoula Police Department for its cooperation and for taking the steps necessary to maintain women's safety and promote the community's confidence in its police response to sexual assault. The leadership of Mayor Engen and Chief Muir has been indispensable to this process."
As the first responder to most reports of sexual assault in Missoula, the Missoula Police Department plays an absolutely critical role in protecting women victims of sexual assault and ensuring that perpetrators of sexual assault are brought to justice," said Michael Cotter, U.S. Attorney for the District of Montana. "This agreement will ensure that the department's officers and detectives are fully prepared to play that role."
The Justice Department's review of the Missoula Police Department was one of three simultaneous civil pattern or practice investigations into allegations that law enforcement was systematically failing to protect women victims of sexual assault in Missoula. Alongside its investigation of the Missoula Police Department, the Justice Department conducted parallel investigations of the Missoula County Attorney's Office and the University of Montana's Office of Public Safety. Last week, the Justice Department and the Department of Education's Office of Civil Rights entered into twin agreements with the University of Montana to address the university's response to reports of sexual assault and sexual harassment on campus; those agreements resolved the Justice Department investigation of the university's Office of Public Safety. The Justice Department's investigation of the Missoula County Attorney's Office is ongoing.
The investigation was conducted jointly by the Special Litigation Section of the Department of Justice's Civil Rights Division and the U.S. Attorney's Office for the District of Montana. The prevention of sex-based discrimination is a top priority of the Justice Department's Civil Rights Division and U.S. Attorney Offices. The Civil Rights Division has worked to ensure that women are not subject to discriminatory practices related to police services in New Orleans, Puerto Rico and elsewhere. Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt. Additional information about the U.S. Attorney's Office for the District of Montana is available on its website at www.justice.gov/usao/mt.
DO NOT REPLY TO THIS MESSAGE. IF YOU HAVE QUESTIONS, PLEASE USE THE CONTACTS IN THE MESSAGE OR CALL THE OFFICE OF PUBLIC AFFAIRS AT 202-514-2007.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on May 14, 2013, before U.S. Magistrate Judge Keith Strong, the following individual was arraigned:
JAMES HOWARD EASTLICK, a 69-year-old resident of Laurel, appeared on appeared on charges of:
Count I: Conspiracy to Defraud the United States
Penalty: Five years imprisonment, $250,000 fine, and three years of supervised release)
Counts II-VI: Scheme to Defraud the United States and the Chippewa Cree Tribe/ Wire Fraud
Penalty: 20 years imprisonment, $250,000 fine, and three years of supervised release)
Count VII: Theft of Federal Monies
Penalty: Ten years imprisonment, $250,000 fine, and three years of supervised release)
Count VIII: Theft from an Indian Tribal Government Receiving Federal Funding
Penalty: Ten years imprisonment, $250,000 fine, and three years of supervised release)
Count IX: Receipt of Stolen Money in Interstate Commerce
Penalty: Ten years imprisonment, $250,000 fine, and three years of supervised release)
Counts X-XVII: Money Laundering
Penalty: Ten years imprisonment, $250,000 fine, and three years of supervised release)
EASTLICK pled not guilty to the charges and is currently released on special conditions.
Assistant U.S. Attorney Carl E. Rostad is the prosecutor for the United States.
The investigation was a cooperative effort between the U.S. Department of Interior - Office of Inspector General, the Criminal Investigation Division of the Internal Revenue Service, and the Federal Bureau of Investigation.
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.
Keith Daniel Skunkcap 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 May 10, 2013, before Chief U.S. District Judge Dana L. Christensen, KEITH DANIEL SKUNKCAP, a 21-year-old resident of Browning and an enrolled member of the Blackfeet Tribe, was sentenced to a term of:
Prison: 21 months
Special Assessment: $100
Supervised Release: 3 years
SKUNKCAP 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 August 17, 2011, at approximately 2:00 a.m., SKUNKCAP entered the residence of T.L.G. The residence is located Browning, which is within the exterior boundaries of the Blackfeet Indian Reservation.
T.L.G., the owner of the residence, told SKUNKCAP to leave, but he refused. T.L.G. pointed to the back door of the residence, again requesting SKUNKCAP to leave. SKUNKCAP eventually pushed T.L.G. After being pushed, T.L.G. fell to the ground. As a result of the assault, T.L.G.'s upper lip was split open. T.L.G. was transported to Kalispell due to the seriousness of the facial laceration. T.L.G. underwent reconstructive surgery on her lip and nose.
In an interview with the FBI, SKUNKCAP admitted that he pushed T.L.G. Although SKUNKCAP claimed that T.L.G. hit him about seven times in the face, he did not have any injuries.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SKUNKCAP will likely serve all of the time imposed by the court. In the federal system, SKUNKCAP 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.
Delwayne Denny Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on May 10, 2013, before Chief U.S. District Judge Dana L. Christensen, DELWAYNE DENNY, a 30-year-old resident of Box Elder and an enrolled member of the Chippewa Tribe, was sentenced to a term of:
Prison: 85 months
Special Assessment: $100
Supervised Release: 10 years
DENNY was sentenced in connection with his guilty plea to sexual abuse.
In an Offer of Proof filed by Assistant U.S. Attorney Danna R. Jackson, the government stated it would have proved at trial the following:
On March 11, 2012, DENNY, along with three other adults, returned to a house located on the Rocky Boy's Indian Reservation. The victim, who was very intoxicated, was taken into one of the bedrooms, by two concerned teenage boys, to "sleep it off." At some point in the evening DENNY went into the bedroom and engaged in sexual intercourse with the victim, even though she was passed out.
The victim regained consciousness and demanded that DENNY stop having sex with her. The victim grabbed clothes and left the house to look for help. Law enforcement had been called by a neighbor. Law enforcement found the victim in the fetal position in the middle of the roadway, crying hysterically. The victim was transported to the emergency room in Havre and consented to a sexual assault exam.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that DENNY will likely serve all of the time imposed by the court. In the federal system, DENNY does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Rocky Boy's Police Department.
Theodore Edward Whitford 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 May 9, 2013, before U.S. Magistrate Judge Keith Strong, THEODORE EDWARD WHITFORD, a 27-year-old resident of Box Elder and an enrolled member of the federally recognized Chippewa Cree Indian Tribe, pled guilty to assault resulting in serious bodily injury. Sentencing has been set for August 15, 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 April 8, 2011, WHITFORD turned the vehicle he was driving west into the Northern Winz Casino parking lot and was struck by another vehicle traveling north on Highway 87. This vehicle had the right-of-way.
A toxicology report indicated that WHITFORD had a BAC of .265 and screened positive for both opiates and THC. The crash occurred within the exterior boundaries of the Rocky Boy's Indian Reservation.
As a result of the crash, a passenger in the other vehicle was seriously injured. The passenger was diagnosed with a hip fracture and required hospitalization.
WHITFORD 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, Hill County Sheriff's Office, and the Rocky Boy's Police Department.
Jason Charles Shouse 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 May 10, 2013, before U.S. District Judge Sam E. Haddon, JASON CHARLES SHOUSE, a 36-year-old resident of Cascade County, appeared for sentencing. SHOUSE was sentenced to a term of:
Prison: 600 months
Special Assessment: $200
Supervised Release: life
SHOUSE was sentenced in connection with his guilty plea to sexual exploitation of children and production of child pornography.
In an Offer of Proof filed by Assistant U.S. Attorney Cyndee L. Peterson, the government stated it would have proved at trial the following:
In 1997, in the Eighth Judicial District Court of Montana, SHOUSE pled to sexual intercourse without consent. In June of 1998, he was sentenced to 20 years imprisonment with 18 years suspended. Due to that offense, SHOUSE was required to register as a sex offender.
In July 2012, the Cascade County Sheriff's Office received a report that photos which depicted child pornography were located on one of SHOUSE's old cell phones. The SD card from the old cell phone was seized and searched. Investigators located videos on the SD card which depicted SHOUSE performing sexual acts on an approximately 2-year-old child. SHOUSE was identified on the videos and appeared to have filmed the videos himself in 2008.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SHOUSE will likely serve all of the time imposed by the court. In the federal system, SHOUSE 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 Internet Crimes Against Children (ICAC) Task Force, the Cascade County Sheriff's Office, and the Montana Division of Criminal Investigation.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in
Great Falls, on May 9, 2013, before U.S. Magistrate Judge Keith Strong, the following individual was arraigned:
KEITH CLIFFORD CUNNINGHAM, a 69-year-old resident of Arizona and Montana, appeared on a charge of sexual exploitation of children. He is currently detained. If convicted of this charge, CUNNINGHAM faces possible penalties of a mandatory minimum of 15 years and could be sentenced to 30 years, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Cyndee L. Peterson is the prosecutor for the United States. The investigation was a cooperative effort between the U.S. Department of Homeland Security - Homeland Security Investigations and the Montana Division of Criminal Investigation.
The defendant pled not guilty to the charge.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Brad Charles Fisher, an Insurance Salesman, Convicted of Tax Evasion in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that on May 9, 2013, in Helena, after a federal district court trial before Senior U.S. District Judge Charles C. Lovell, BRAD CHARLES FISHER, 51, a former resident of Helena and a current resident of Kenmore, Washington, was found guilty of attempt to evade or defeat income tax. Sentencing is set for September 13, 2013. He is currently released on special conditions.
At trial, the following evidence and testimony was presented to the jury.
From April 2006 until January 2008, FISHER attempted to evade and defeat the payment of an income tax due and owing by him to the United States for the calendar years 2001 to 2006 by concealing and attempting to conceal from the Internal Revenue Service the nature and extent of his assets and by making false statements to Internal Revenue Service agents.
From 2001 through 2006, FISHER earned substantial amounts of income by selling insurance products. However, FISHER did not file any tax returns for these years until mid-2006. After IRS commenced a civil audit of FISHER for the 2001-03 tax years, and later sent him a notice of tax deficiency for this period, FISHER eventually filed his 2001-06 returns. In these tax returns, FISHER reported that he earned income and owed tax. However, contrary to his accountant's instruction, he only paid a small portion of his tax due. By FISHER's own estimation, he owed a total of about $444,761 in tax for 2001-06 (not including interest and penalties). He paid a total of about $44,444. Accordingly, IRS referred this case to its Collections division. An IRS agent was assigned to collect FISHER's back taxes, and he contacted FISHER in or about April 2006 to initiate the collections process. The agent asked that FISHER fill out a Collection Information Statement, which calls for the taxpayer to disclose his assets.
When the agent first met with FISHER on May 9, 2006, FISHER provided a partially filled out Collection Information Statement. Because the form did not list any motor vehicles, the agent asked FISHER what motor vehicles he owned. FISHER listed several cars, but failed to mention four to which he held title at the time: a 1967 Chevrolet Corvette, a 1974 Chevrolet Nova, a 1996 GMC K-1500, and a 1999 Chevrolet Tahoe. FISHER also failed to mention a 2004 Chaparral boat that he owned, until the agent inquired about a reference to a boat in FISHER's bank records during a later meeting. Even then, FISHER said he had "no equity" in the boat, when in fact he sold it shortly thereafter and received $17,227 net of encumbrances.
In late 2006, as it became apparent that FISHER was not selling assets voluntarily, the IRS began to take steps to levy certain of his assets. On April 9, 2007, FISHER sent a second Collection Information Statement to the agent. Again, however, it failed to disclose a vehicle that FISHER owned, this time a 2007 Chevrolet Silverado that he had recently purchased. As IRS Collections proceeded toward seizure of FISHER's assets, FISHER filed for bankruptcy on November 14, 2007. It was only during a subsequent bankruptcy hearing that the agent learned about the vintage classic cars that FISHER had previously concealed.
In addition to the agent's testimony and presentation of Department of Motor Vehicles (DMV) records concerning the concealed vehicles, the government offered testimony from the persons that sold certain cars (and the boat) to FISHER, as well as from the buyers who later purchased the vehicles from him. FISHER's travel agent also testified that, during the time his tax debt was outstanding, FISHER purchased expensive vacation packages instead, belying any suggestion that FISHER attempted to pay his debt in good faith.
Assistant U.S. Attorney Chad C. Spraker and Department of Justice Tax Trial Attorney Joseph Rillotta prosecuted the case for the United States.
FISHER faces possible penalties of 5 years in prison, a $100,000 fine and 3 years supervised release.
The investigation was conducted by the Criminal Investigation Division of the Internal Revenue Service.
Christopher Joseph Ladue 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 May 9, 2013, before U.S. Magistrate Judge Keith Strong, CHRISTOPHER JOSEPH LADUE, a 26-year-old resident of Browning and an enrolled member of the Blackfeet Tribe, pled guilty to sexual abuse of a minor. Sentencing has been set for August 14, 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 3, 2012, Blackfeet Child Protective Services notified the FBI that a twelve-year-old girl ("X.X.") tested positive for pregnancy at the Blackfeet Community Hospital. The school therapist treating X.X. reported to investigators that X.X. spoke about spending time with LADUE.
When questioned, LADUE admitted that he was likely the father of X.X.'s baby.
LADUE faces possible penalties of 15 years in prison, a $250,000 fine and lifetime supervision.
The investigation was conducted by the Federal Bureau of Investigation.
Scott Lee Hubeny 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 8, 2013, before U.S. District Judge Donald W. Molloy, SCOTT LEE HUBENY, a 48-year-old resident of Missoula, was sentenced to a term of:
Probation: 5 years
Special Assessment: $100
Restitution: $25,200
HUBENY was sentenced in connection with his 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:
HUBENY filed for disability benefits from the Social Security Administration ("SSA") on June 2, 1999. He was awarded monthly disability benefits beginning on January 20, 2000. As a beneficiary of SSA disability, HUBENY agreed to report employment or income changes that could affect his eligibility to receive SSA disability payments. At the time of the investigation in this case, HUBENY was receiving $1,400 per month in disability payments.
On April 4, 2011, the SSA received confidential information that HUBENY owned and operated a medical marijuana grow in Missoula and was growing marijuana both at his house and a rented warehouse. HUBENY became a medical marijuana provider under Montana law in August 2009.
On June 30, 2011, federal and state law enforcement officers searched HUBENY's house and his warehouse. They seized a total of approximately 243 marijuana plants, four pounds and 12 ounces of bulk marijuana, 5.06 ounces of Hashish, and various items of marijuana processing equipment (grow lights, digital scales, etc.).
HUBENY was interviewed the same day as the searches. HUBENY stated that he understood his SSA disability reporting requirements regarding changes in employment or income but denied earning any income in excess of $500 per year from his medical marijuana business. He said that he knew he was required to report his employment to SSA and provided no explanation for not doing so, saying only that he did not think about it because he was losing money.
HUBENY's bank records were reviewed which revealed that HUBENY deposited approximately $37,890 into his bank accounts from January 2010 through April 2011. That figure does not include HUBENY's monthly disability payments. Approximately $9,130 of that money came from 19 checks from Sharrott Creek Farms to HUBENY from January 14, 2010 through July 13, 2010. Sharrott Creek Farms is a business involved in growing and selling medical marijuana. When asked about Sharrott Creek Farms during his interview on June 30, 2011, HUBENY said he received two or three checks from that business for no more than $700 total.
HUBENY knowingly failed to disclose employment and income information to the SSA and, as a result, fraudulently received $25,200 in disability benefit payments between April 2010 and September 2011.
The investigation was conducted by the Social Security Administration - Office of Inspector General.
Informational: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on May 7, 2013, before U.S. Magistrate Judge Keith Strong, the following individuals were arraigned:
MICHAEL BEARHILL, JR., a 21-year-old resident of Wolf Point, appeared on a charge of robbery. He is currently detained. If convicted of this charge, BEARHILL faces possible penalties of 15 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Laura B. Weiss is the prosecutor for the United States. The investigation was conducted by the Fort Peck Tribes Criminal Investigation Division.
SHYANN MARIE DUPREE, a 36-year-old resident of Poplar, appeared on a charge of burglary. She is currently detained. If convicted of this charge, DUPREE faces possible penalties of 20 years in prison, a $50,000 fine, and 3 years supervised release. Assistant U.S. Attorney Laura B. Weiss is the prosecutor for the United States. The investigation was conducted by the Fort Peck Tribes Criminal Investigation Division.
JESUS HERIBERTO RAMIREZ-SOTO, age 44, DON EDWARD LYLE, age 53, and STUART MORGAN PATTIE, age 52, residents of Troy, appeared on charges of conspiracy to possess with the intent to distribute methamphetamine. They are currently detained. If convicted of these charges, they each face possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $10,000,000 fine, and 5 years supervised release. Assistant U.S. Attorney Jessica A. Betley is the prosecutor for the United States. The investigation was a cooperative effort between the U.S. Department of Homeland Security - Homeland Security Investigations and the Montana Division of Criminal 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.
Tammy Lynn Lapie 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 May 7, 2013, before U.S. District Judge Sam E. Haddon, TAMMY LYNN LAPIE, a 47-year-old resident of Great Falls, was sentenced to a term of:
Prison: 60 months
Special Assessment: $100
Supervised Release: 4 years
LAPIE was sentenced in connection with her guilty plea to possession with the intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
During January 2012, law enforcement originally became alerted to a methamphetamine distribution ring from Washington state to Great Falls.
In June 2012, law enforcement learned of an individual, X.X., who made repeated trips from Great Falls to Washington to obtain methamphetamine to re-sell in Great Falls.
On June 29, 2012, a CI (confidential informant) informed the drug task force that X.X. was returning to Great Falls from Washington with methamphetamine. The task force arranged for a controlled drug buy from X.X. near the University of Great Falls. The CI purchased methamphetamine. The CI then continued to make numerous controlled drug buys from X.X. over the next few days.
Law enforcement located X.X.'s car in early July 2012, and the task force tracked this car from Great Falls to Spokane, Washington. The car stayed in Spokane for less than two hours before returning to Great Falls. Law enforcement initiated a traffic stop of the car just outside of Great Falls and they obtained two ounces of methamphetamine. X.X., the driver of the car, told law enforcement he had traveled to Spokane to buy methamphetamine from "Bert." He had been supplied by Bert, who was identified as Robert Boucher, since February or March 2012. In total, X.X. believed he had obtained and distributed approximately ten ounces of methamphetamine that he received from Boucher.
X.X. told law enforcement that Boucher provided him with a GPS system in order for X.X. to find Boucher's house in Spokane. Once X.X. obtained the methamphetamine from Boucher, X.X. would sell the methamphetamine by the gram for $100 around Great Falls. Boucher sold the methamphetamine to X.X. for $1,400 an ounce.
X.X. and Boucher also dealt methamphetamine with LAPIE and another individual, Z.Z., in Great Falls. The methamphetamine dealing continued into the fall of 2012. During the end of October 2012, detectives interviewed additional witnesses. One witness stated that LAPIE was heavily involved in using and dealing methamphetamine. LAPIE obtained her methamphetamine from Boucher, and Boucher delivered methamphetamine to LAPIE approximately once a week.
The witness further provided that Boucher stored the methamphetamine in the hood and trunk of his car. He then divided the methamphetamine between the sellers who obtained the methamphetamine on credit. Boucher stayed in town at LAPIE's house until the money was collected. LAPIE would then repackage the methamphetamine into eight-ball baggies and distribute it to other sellers.
On November 13, 2012, a witness contacted the drug task force and stated Z.Z. was selling methamphetamine. Law enforcement then arranged controlled drug purchases from Z.Z. in Great Falls. The following evening, detectives saw Z.Z. drive to LAPIE's house, where he stayed for a half hour before again returning to his motel room. A little while later, Z.Z. and a woman drove to a gas station. Z.Z. conducted a drug deal in the parking lot. Officers conducted a traffic stop on Z.Z.'s car shortly thereafter.
After ordering Z.Z. out of the car, officers found a glass container of methamphetamine in Z.Z.'s pocket. He spoke with law enforcement and said he had been dealing methamphetamine with LAPIE. Z.Z. regularly purchased two eight balls of methamphetamine per week from LAPIE. Z.Z. also identified Boucher as one of LAPIE's suppliers and said he delivered methamphetamine to LAPIE once per week.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that LAPIE will likely serve all of the time imposed by the court. In the federal system, LAPIE 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 Russell County Drug Task Force.
Ronald Leon Leeson 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 May 7, 2013, before U.S. District Judge Sam E. Haddon, RONALD LEON LEESON, a 53-year-old resident of Great Falls, was sentenced to a term of:
Prison: 46 months
Special Assessment: $100
Supervised Release: 4 years
LEESON was sentenced in connection with his guilty plea to possession with the intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
During January 2012, law enforcement originally became alerted to a methamphetamine distribution ring from Washington state to Great Falls.
In June 2012, law enforcement learned of an individual, X.X., who made repeated trips from Great Falls to Washington to obtain methamphetamine to re-sell in Great Falls.
On June 29, 2012, a CI (confidential informant) informed the drug task force that X.X. was returning to Great Falls from Washington with methamphetamine. The task force arranged for a controlled drug buy from X.X. near the University of Great Falls. The CI purchased methamphetamine. The CI then continued to make numerous controlled drug buys from X.X. over the next few days.
Law enforcement located X.X.'s car in early July 2012, and the task force tracked this car from Great Falls to Spokane, Washington. The car stayed in Spokane for less than two hours before returning to Great Falls. Law enforcement initiated a traffic stop of the car just outside of Great Falls and they obtained two ounces of methamphetamine. X.X., the driver of the car, told law enforcement he had traveled to Spokane to buy methamphetamine from "Bert." He had been supplied by Bert, who was identified as Robert Boucher, since February or March 2012. In total, X.X. believed he had obtained and distributed approximately ten ounces of methamphetamine that he received from Boucher.
X.X. told law enforcement that Boucher provided him with a GPS system in order for X.X. to find Boucher's house in Spokane. Once X.X. obtained the methamphetamine from Boucher, X.X. would sell the methamphetamine by the gram for $100 around Great Falls. Boucher sold the methamphetamine to X.X. for $1,400 an ounce.
X.X. and Boucher also dealt methamphetamine with LEESON and Tammy Lapie in Great Falls. The methamphetamine dealing continued into the fall of 2012. During the end of October 2012, detectives interviewed additional witnesses. One witness stated that Lapie was heavily involved in using and dealing methamphetamine. Lapie obtained her methamphetamine from Boucher, and Boucher delivered methamphetamine to Lapie approximately once a week.
The witness further provided that Boucher stored the methamphetamine in the hood and trunk of his car. He then divided the methamphetamine between the sellers who obtained the methamphetamine on credit. Boucher stayed in town at Lapie's house until the money was collected. Lapie would then repackage the methamphetamine into eight-ball baggies and distribute it to other sellers.
On November 13, 2012, a witness contacted the drug task force and stated LEESON was selling methamphetamine. Law enforcement then arranged controlled drug purchases from LEESON in Great Falls. The following evening, detectives saw LEESON drive to Lapie's house, where he stayed for a half hour before again returning to his motel room. A little while later, LEESON and a woman drove to a gas station. LEESON conducted a drug deal in the parking lot. Officers conducted a traffic stop on LEESON's car shortly thereafter.
After ordering LEESON out of the car, officers found a glass container of methamphetamine in LEESON's pocket. He spoke with law enforcement and said he had been dealing methamphetamine with Lapie. LEESON regularly purchased two eight balls of methamphetamine per week from Lapie. LEESON also identified Boucher as one of Lapie's suppliers and said he delivered methamphetamine to Lapie once per week.
From December 2011 until November 2012, LEESON possessed over five grams of actual (pure) methamphetamine with the intent to distribute the methamphetamine to another person.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that LEESON will likely serve all of the time imposed by the court. In the federal system, LEESON 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 Russell County Drug Task Force.
Rodney Royce Miller Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on May 7, 2013, before U.S. District Judge Donald W. Molloy, RODNEY ROYCE MILLER, a 60-year-old resident of Kalispell, pled guilty to accessing with the intent to view child pornography. Sentencing has been set for September 12, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Cyndee L. Peterson, the government stated it would have proved at trial the following:
On September 21, 2012, a federal probation officer made contact with MILLER in MILLER's van in Flathead County. The probation officer observed MILLER looking at images of child pornography on his notebook computer.
Detectives from the Flathead County Sheriff's Office subsequently obtained a search warrant for the notebook computer. When interviewed, MILLER admitted he used the computer to view child pornography on the Internet.
When the notebook was forensically examined Image files, which included cache and non-cache files depicting child pornography, were located. The examiner also located cache records which were indicative of a user seeking child pornography.
MILLER faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to 20 years, a $250,000 fine, and lifetime supervision.
The investigation was a cooperative effort between the Flathead County Sheriff's Office, the Montana Internet Crimes Against Children (ICAC) Task Force, the U.S. Probation, and the Montana Division of Criminal Investigation.
Patrick Neil Inkster 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 May 6, 2013, before U.S. District Judge Sam E. Haddon, PATRICK NEIL INKSTER, a 31-year-old resident of Calgary, Alberta, appeared for sentencing. INKSTER was sentenced to a term of:
Prison: time served (176 days)
Special Assessment: $100
Supervised Release: 3 years
INKSTER was sentenced in connection with his guilty plea to possession of a fraudulent resident alien card.
In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:
On September 13, 2010, INKSTER presented fraudulent documents as identification to obtain a Montana Identification Card (MIC).
On the application to obtain an MIC, INKSTER listed that he was born in Montreal, Quebec, Canada and was not a United States Citizen. INKSTER also indicated that he was a Montana resident and provided an address in Great Falls. INKSTER then presented the examiner with a fraudulent United States Resident Alien Card in the name of Richar Savage, as well as a fraudulent Social Security Card also in the name of Savage. The DMV examiner recognized the documents as fraudulent, took copies, and told INKSTER to return when a supervisor was available.
When questioned, INKSTER admitted that he purchased the fraudulent social security card and fake resident alien card. He planned to use them to get a Montana ID card and then use the Montana ID card to purchase firearms.
The investigation was conducted by the U.S. Department of Homeland Security - Homeland Security Investigations.
Informational: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on May 7, 2013, before U.S. Magistrate Judge Keith Strong, the following individuals were arraigned:
TONY JAMES BELCOURT, age 41, HAILEY LEE BELCOURT, age 35, JOHN CHANCE HOULE, age 47, residents of Box Elder, and MARK T. LEISCHNER, age 46, and TAMMY KAY LEISCHNER, age 42, residents of Laurel, each appeared on charges of:
Count I: Conspiracy to Defraud the United States
Penalty: Five years imprisonment, $250,000 fine, and three years of supervised release)
Counts II-VI: Scheme to Defraud the United States and the Chippewa Cree Tribe/ Wire Fraud
Penalty: 20 years imprisonment, $250,000 fine, and three years of supervised release)
Count VII: Theft of Federal Monies
Penalty: Ten years imprisonment, $250,000 fine, and three years of supervised release)
Count VIII: Theft from an Indian Tribal Government Receiving Federal Funding
Penalty: Ten years imprisonment, $250,000 fine, and three years of supervised release)
Count IX: RECEIPT OF STOLEN MONEY IN INTERSTATE COMMERCE
Penalty: Ten years imprisonment, $250,000 fine, and three years of supervised release)
Counts X-XVII: Money Laundering
Penalty: Ten years imprisonment, $250,000 fine, and three years of supervised release)
The defendants pled not guilty to the charges and are currently released on special conditions.
Assistant U.S. Attorney Carl E. Rostad is the prosecutor for the United States.
The investigation was a cooperative effort between the U.S. Department of Interior - Office of Inspector General, the Criminal Investigation Division of the Internal Revenue Service, and the Federal Bureau of Investigation.
It would be inappropriate to comment on the facts of this case at this stage of the proceedings. The judicial system will sort out the truth of the allegations and all defendants enjoy a presumption of innocence. However, today's indictment is the product of diligent work by the very dedicated agents of the Guardians Project. As the work of this team of skilled and highly trained professionals from the Offices of Inspector General and the Federal Bureau of Investigation goes forward, the people of Montana can expect more cases - from every part of the state - outlined in lengthy, multi-defendant indictments alleging public corruption and embezzlement of federal funds. Their investigations address chronic and systemic financial assaults on federal grants and contracts. This office is committed to their mission." United States Attorney for the District of Montana, Michael W. Cotter.
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 May 6, 2013, before U.S. Magistrate Judge Keith Strong, the following individual was arraigned:
TONY RAY MANYGUNS, a 36 year-old resident of Browning, appeared on charges of assault resulting in serious bodily injury and domestic assault by a habitual offender. He is currently detained. If convicted of these charges, MANYGUNS faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Ryan G. Weldon is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
The defendant pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on May 6, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individual was arraigned:
ZACHARY LEE BLASEG, a 36-year-old resident of Livingston, appeared on a charge of receipt of child pornography. He is currently detained. If convicted of this charge, BLASEG faces possible penalties of 20 years in prison, a $250,000 fine, and lifetime supervision. Special Assistant U.S. Attorney Ole Olson is the prosecutor for the United States. The investigation was conducted by the Montana Division of Criminal Investigation.
The defendant pled not guilty to the charge.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.