District of Montana
Press releases recorded for this federal judicial district.
Cody James Kinn and Joshua Charles Krank Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on February 14, 2013, before Chief U.S. District Judge Richard F. Cebull, CODY JAMES KINN, age 22, and JOSHUA CHARLES KRANK, age 22, residents of Roundup, appeared for sentencing. They were each sentenced to a term of:
Probation: 5 years with 6 months house arrest with GPS monitoring
Special Assessment: $100
Restitution: $12,315.29
They were sentenced in connection with their guilty pleas to burglary involving controlled substances.
In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:
On October 24, 2011, KINN and KRANK broke into the Pamida Pharmacy in Roundup and stole prescription drugs including Adderall (Dextroamphetamine and Amphetamine), Oxycodone, Hydrocodone, Dextroamphetamine, Hydromorphone, Morphine, and Methadone. There were approximately 7,000 pills taken.
When interviewed by law enforcement, KINN and KRANK admitted to breaking into the Pamida Pharmacy to steal pills. Both admitted to coming into the pharmacy by breaking a window and crawling inside. Both filled IGA shopping bags with bottles of prescription medications from the unlocked safe.
Replacement cost for the stolen pills is approximately $13,000, however this is not their street value.
The investigation was a cooperative effort between the Musselshell County Sheriff's Office, the Drug Enforcement Administration, and the Montana Division of Criminal Investigation.
Armando Hernandez-Vaca 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 February 13, 2013, before Senior U.S. District Judge Jack D. Shanstrom, ARMANDO HERNANDEZ-VACA, a 25-year-old resident of Billings, pled guilty to conspiracy to possess with intent to distribute and distribution of methamphetamine. Sentencing has been set for May 15, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
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. began supplying the larger methamphetamine organization in late 2010 with methamphetamine after the prior source of supply had a run in with law enforcement.
During the investigation law enforcement learned that HERNANDEZ-VACA delivered methamphetamine to C.M., his co-conspirator, D.M., and several other individuals from approximately April 2011 to October 2011. HERNANDEZ-VACA regularly transported two to three pounds of methamphetamine per trip during his involvement in the conspiracy.
In approximately July of 2011, C.M. was incarcerated on non-drug related charges. D.M. took over the distribution of methamphetamine and collection of money for the organization. HERNANDEZ-VACA also came back to Billings during the same time to bring more methamphetamine and to make sure D.M. could continue the distribution of methamphetamine in the area. Following C.M.'s arrest, HERNANDEZ-VACA became more involved in the actual distribution of methamphetamine to C.M.'s network of distributors and began to collect drug debts from C.M.'s customers.
During the course of his involvement in the conspiracy, HERNANDEZ-VACA distributed over 500 grams of a mixture containing a detectable amount of methamphetamine from places outside of the state of Montana into the Yellowstone County area.
HERNANDEZ-VACA faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $10,000,000 fine, and 5 years supervised release.
The investigation was conducted by the Billings Big Sky Safe Streets Task Force.
Wamblee Tonka Rowland 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 February 12, 2013, before Chief U.S. District Judge Richard F. Cebull, WAMBLEE TONKA ROWLAND, a 34-year-old resident of Lame Deer and an enrolled member of the Northern Cheyenne Tribe, pled guilty to assault with a dangerous weapon. Sentencing has been set for May 15, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
On 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.
ROWLAND faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.
Successful Conclusion of Operation Rolling Thunder Deals Blow to Illegal Trafficking in Federally-Protected Eagles and HawksRead the Press Release
United States Attorney Michael W. Cotter of the District of Montana, and United States Attorney Brendan V. Johnson of the District of South Dakota, announced the results of Operation Rolling Thunder, a two-year covert investigation focusing on unlawful trafficking in federally-protected migratory birds, primarily bald and golden eagles. The operation was conducted by agents of the U.S. Fish and Wildlife Service from March 2008 through February 2011 in Montana and South Dakota.
The investigation documented 43 transactions of protected migratory birds, primarily bald and golden eagles, in violation of the Bald and Golden Eagle Protection Act, the Migratory Bird Treaty Act, and the Lacey Act. The unlawful transactions include the purchase of multiple whole carcass bald and golden eagles in interstate commerce using the United States Postal Service and wire transfers of funds to further the transactions. In total, the operation was able to purchase feathers, other bird parts (wings, claws), and complete migratory birds, which involved a minimum of 80 eagles and 30 hawks.
In response to the successful prosecutions in Operation Rolling Thunder, U.S. Attorney Michael W. Cotter said, "I have to commend the investigators with the U.S. Fish Wildlife Service and Assistant U.S. Attorney Mark Smith for his excellent work in this case. Investigations and prosecutions, like Operation Rolling Thunder, of those that kill our protected species for their own gain are vital to ensuring the sustainability of the majestic raptors of our country."
U.S. Attorney Brendan V. Johnson added, "I want to recognize and thank the U.S. Fish and Wildlife Service investigators for their diligent efforts in this Operation, and Assistant U. S. Attorneys Eric Kelderman and Tim Maher for their vigorous prosecution of those that have violated the Bald and Golden Eagle Protection Act. The Department of Justice respects the appropriate use of bird parts for cultural and religious purposes, but the success of Operation Rolling Thunder demonstrates that once that line is crossed, we will strongly enforce federal wildlife laws that preserve natural resources."
This investigation documented the unlawful killing and commercialization of eagles and hawks, an unlawful practice that in certain areas of our country is a significant threat to species that are a vital part of our natural heritage," said Ed Grace, Deputy Chief for the U.S. Fish and Wildlife Service. "We hope the penalties in these cases serve as a deterrent to those engaged in this practice, and urge the public to help us put an end to it."
On October 12, 2012, the Department of Justice announced a policy addressing the ability of members of federally recognized Indian tribes to possess or use eagle feathers, an issue of great cultural significance to many tribes and their members. The Attorney General's memorandum is the first formal policy statement adopted by the Justice Department on this issue. It clarifies and expands on longstanding Department practice, consistent with the Department of the Interior's 35-year old Morton Policy, of not prosecuting tribal members for possessing or using eagle feathers and other protected bird parts. Federal wildlife laws such as the Bald and Golden Eagle Protection Act generally criminalize the killing of eagles and other migratory birds and the possession or commercialization of the feathers and other parts of such birds. These important laws are enforced by the Department of Justice and the Department of the Interior and help ensure that eagle and other bird populations remain healthy and sustainable.
Many Indian tribes and tribal members have historically used, and today continue to use federally protected birds, bird feathers or other bird parts for their tribal cultural and religious expression. Federal wildlife laws recognize the importance of accommodating tribal spiritual needs by allowing exceptions for the religious purposes of Indian tribes. Eagle feathers are made available to tribal members every year from the Fish and Wildlife Service's National Eagle Repository. www.fws.gov/le/national-eagle-repository.html
For more information on the Department's Eagle Feathers Policy, visit www.justice.gov/tribal/feathers-fs.htm.
Five defendants were indicted in South Dakota, and seven were indicted in Montana. What follows is a summary of the cases for those defendants who have been sentenced:
SOUTH DAKOTA DEFENDANTS:
Stanley LITTLEBOY On January 5, 2012, Stanley LITTLEBOY appeared before United States District Court Judge Jeffrey L. Viken and was sentenced on two counts of violating the Bald and Golden Eagle Protection Act. LITTLEBOY was sentenced to the following:
Five (5) months in the custody of the Bureau of Prisons
Five (5) months in Community ConfinementOne (1) year of Supervised Release
Special Assessment Fee
Shane REDHAWK On January 18, 2012, Shane REDHAWK appeared before United States District Court Judge Roberto A. Lange and was sentenced on two counts of violating the Bald and Golden Eagle Protection Act. REDHAWK was sentenced to the following:
One (1) month in the custody of the Bureau of Prisons
Five (5) months in Home Confinement
One (1) year of Supervised Release
Community Service
Special Assessment Fee
Noella REDHAWK On January 18, 2012, Noella REDHAWK appeared before United States District Court Judge Roberto A. Lange and was sentenced on one count of violating the Bald and Golden Eagle Protection Act. REDHAWK was sentenced to the following:
Six (6) months in Home Confinement
One (1) year of Probation
Community Service
Special Assessment Fee
Tilden REDDEST On February 24, 2012, Tilden REDDEST appeared before U.S. District Court Judge Jeffrey L. Viken and was sentenced on two counts of violating the Bald and Golden Eagle Protection Act. REDDEST was sentenced to the following:
Fifty-two (52) consecutive weekends in custody. To be served at the Pennington County Jail, Rapid City, South Dakota
Five (5) years of Probation
Community Service
Special Assessment Fee
MONTANA/SOUTH DAKOTA JOINT DEFENDANT:
Ernie L. STEWART On January 11, 2012, Ernie L. STEWART appeared before U.S. District Judge Jeffrey L. Viken and pled guilty to one (1) count of violating the Bald and Golden Eagle Protection Act. Later, Stewart's case was transferred from the District of South Dakota to the District of Montana for sentencing, because Stewart had related charges pending in that District. On May 9, 2012, Ernie L. STEWART appeared before U.S. District Court Judge Jack D. Shanstrom and was sentenced on three (3) counts of violating the Bald and Golden Eagle Protection Act. STEWART was sentenced to the following for charges in Montana and South Dakota:
Twelve (12) months and one (1) day in the custody of the Bureau of Prisons
One (1) year of Supervised Release
Revocation of hunting and fishing privileges
Special Assessment Fee
MONTANA DEFENDANTS:
Melody GOODSTRIKER On January 7, 2012, Melody GOODSTRIKER, per a plea agreement with the U.S. Attorney's Office, forfeited $500.00 in collateral to the Central Violations Bureau for a violation of the Migratory Bird Treaty Act.
Harvey HUGS On January 27, 2012, Harvey HUGS appeared before U.S. Magistrate Judge Carolyn S. Ostby and was sentenced on one count of violating the Bald and Golden Eagle Protection Act. HUGS was sentenced to the following:
Six (6) months in the custody of the Bureau of Prisons
One (1) year of Supervised Release
Special Assessment Fee
Marc LITTLE LIGHT On March 8, 2012, Marc LITTLE LIGHT appeared before U.S. Magistrate Judge Carolyn S. Ostby and was sentenced on one count of violating the Migratory Bird Treaty Act. LITTLE LIGHT was sentenced to the following:
One (1) year of Probation
Fine
Special Assessment Fee
William E. HUGS Jr. On May 2, 2012, William E. HUGS Jr. appeared before Chief U.S. District Court Judge Richard F. Cebull and was sentenced on five (5) counts of violating the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act. HUGS Jr., was sentenced to the following:
Time served in custody (Jan 9, 2012 through May 2, 2012)
Three (3) years of Supervised Release
Payment of $500.00 Special Assessment Fee
Gilbert G. WALKS Jr. On May 4, 2012, Gilbert G. WALKS Jr. appeared before Chief U.S. District Court Judge Richard F. Cebull and was sentenced on four (4) counts of violating the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act. WALKS Jr., was sentenced to the following:
Twenty-four (24) months in the custody of the Bureau of Prisons
One (1) year of Supervised Release
Community Service
Payment of $400.00 Special Assessment Fee
William E. HUGS Sr. On June 13, 2012, William E. HUGS Sr. appeared before Chief U.S. District Court Judge Richard F. Cebull and was sentenced on one (1) count of violating the Bald and Golden Eagle Protection Act. HUGS Sr., was sentenced to the following:
Eighteen (18) months in the custody of the Bureau of Prisons
Three (3) years of Supervised Release
Payment of $500.00 Special Assessment Fee
Law enforcement is essential to virtually every aspect of wildlife conservation. The U.S. Fish and Wildlife Service Office of Law Enforcement contributes to Service efforts to manage ecosystems, save endangered species, conserve migratory birds, preserve wildlife habitat, restore fisheries, combat invasive species, and promote international wildlife conservation.
U.S. Fish and Wildlife Service law enforcement today focuses on potentially devastating threats to wildlife resources -- illegal trade, unlawful commercial exploitation, habitat destruction, and environmental contaminants. The Office of Law Enforcement investigates wildlife crimes, regulates wildlife trade, helps Americans understand and obey wildlife protections laws, and works in partnership with international, state, and tribal counterparts to conserve wildlife resources.
When fully staffed, the Office of Law Enforcement includes 261 special agents and some 140 wildlife inspectors.
Rodrick D. Gant Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on February 13, 2013, before Chief U.S. District Judge Richard F. Cebull, RODRICK D. GANT, a 23-year-old resident of Billings, was sentenced to a term of:
Prison: 106 months
Special Assessment: $300
Supervised Release: 5 years
GANT was sentenced after a federal district court trial in which he was found guilty of conspiracy to commit robbery affecting interstate commerce, possession of a firearm in furtherance of a crime of violence, and possession of a firearm by a person convicted of domestic abuse.
Assistant U.S. Attorney Marcia K. Hurd prosecuted the case for the United States.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that GANT will likely serve all of the time imposed by the court. In the federal system, GANT does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Logan Quinn Sandau 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 February 12, 2013, before U.S. District Judge Sam E. Haddon, LOGAN QUINN SANDAU, a 24-year-old resident of Poplar and an enrolled member of a federally recognized tribe, appeared for sentencing. SANDAU was sentenced to a term of:
Prison: 45 months
Special Assessment: $200
Supervised Release: 3 years
SANDAU was sentenced in connection with his guilty plea to assault with a dangerous weapon and assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorneys Laura B. Weiss and Ryan G. Weldon, the government stated it would have proved at trial the following:
On June 9, 2012, SANDAU struck J.W.S. with his car outside a residence on the Fort Peck Indian Reservation. The victim suffered multiple leg fractures, a torn ACL and underwent orthopedic and skin grafting procedures.
The victim was with his brother the day of the offense. They arrived at their cousin's house. Words were exchanged between SANDAU and the victim, resulting in SANDAU threatening to kill the victim. The victim then began punching SANDAU. SANDAU fell, then jumped up and ran to the driver's side of his vehicle. He hopped in and accelerated around the house. The victim did not chase him. SANDAU began driving down the alley toward the victim, who was standing near the house. SANDAU first slowed down when he approached, then suddenly hit the gas and struck the victim, pinning him against the house. Several eye witnesses saw this event transpire and identified SANDAU as the driver.
The victim suffered multiple injuries, including several leg fractures, a torn ACL, cut tendons requiring surgery, and skin grafts.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SANDAU will likely serve all of the time imposed by the court. In the federal system, SANDAU 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 Tribes Criminal Investigation Division, and the Poplar Police Department.
Heather Louise Manyen 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 February 13, 2013, before Chief U.S. District Judge Richard F. Cebull, HEATHER LOUISE MANYEN, a 32-year-old resident of Laurel, pled guilty to conspiracy to possess methamphetamine with intent to distribute and distribute. Sentencing has been set for May 16, 2013. She is currently released on special conditions.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
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 Julie Rozell. Rozell admitted to distributing approximately four pounds of methamphetamine for the organization. One of her distributors was HEATHER MANYEN.
During the investigation law enforcement learned that HEATHER MANYEN was a distributor of methamphetamine for Rozell from approximately March 2011, and continuing thereafter until late January 2012. HEATHER MANYEN worked with Frank Manyen to distribute the methamphetamine obtained from Rozell. HEATHER MANYEN and Frank Manyen together distributed the methamphetamine they obtained from Rozell in the greater Billings area. HEATHER MANYEN and Frank Manyen obtained approximately 700 grams of methamphetamine from Rozell, which they in turn distributed to their own customers.
Frank Manyen and Julie Rozell pled guilty to federal charges and are awaiting sentencing.
MANYEN faces possible penalties of a mandatory minimum of 5 years and could be sentenced to 40 years, a $5,000,000 fine, and 5 years supervised release.
The investigation was conducted by the Billings Big Sky Safe Streets Task Force and High Intensity Drug Trafficking Area (HIDTA) Task Force.
Abel “Alex” Alvarez 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 February 12, 2013, before U.S. Magistrate Judge Keith Strong, ABEL "ALEX" ALVAREZ, a 51-year-old resident of Box Elder, pled guilty to aggravated sexual abuse. A sentencing date will be set at a later time. 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:
In late spring of 2011, ALVAREZ had unlawful sexual contact with a 9-year-old child. The incident happened on the Rocky Boy's Indian Reservation and the child is an enrolled tribal member.
ALVAREZ faces possible penalties of life in prison, a $250,000 fine and lifetime supervision.
The investigation was conducted by the Federal Bureau of Investigation.
Waylon Ronald Burns 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 February 12, 2013, before Chief U.S. District Judge Richard F. Cebull, WAYLON RONALD BURNS, a 35-year-old resident of Lame Deer and an enrolled member of the Northern Cheyenne Tribe, pled guilty to attempted aggravated sexual abuse. Sentencing has been set for May 15, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
On 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.
BURNS faces possible penalties of life in prison, a $250,000 fine and lifetime supervision.
The investigation was conducted by the Bureau of Indian Affairs.
Logan Quinn Sandau 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 February 12, 2013, before U.S. District Judge Sam E. Haddon, LOGAN QUINN SANDAU, a 24-year-old resident of Poplar and an enrolled member of a federally recognized tribe, appeared for sentencing. SANDAU was sentenced to a term of:
Prison: 46 months
Special Assessment: $200
Supervised Release: 3 years
SANDAU was sentenced in connection with his guilty plea to assault with a dangerous weapon and assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorneys Laura B. Weiss and Ryan G. Weldon, the government stated it would have proved at trial the following:
On June 9, 2012, SANDAU struck J.W.S. with his car outside a residence on the Fort Peck Indian Reservation. The victim suffered multiple leg fractures, a torn ACL and underwent orthopedic and skin grafting procedures.
The victim was with his brother the day of the offense. They arrived at their cousin's house. Words were exchanged between SANDAU and the victim, resulting in SANDAU threatening to kill the victim. The victim then began punching SANDAU. SANDAU fell, then jumped up and ran to the driver's side of his vehicle. He hopped in and accelerated around the house. The victim did not chase him. SANDAU began driving down the alley toward the victim, who was standing near the house. SANDAU first slowed down when he approached, then suddenly hit the gas and struck the victim, pinning him against the house. Several eye witnesses saw this event transpire and identified SANDAU as the driver.
The victim suffered multiple injuries, including several leg fractures, a torn ACL, cut tendons requiring surgery, and skin grafts.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SANDAU will likely serve all of the time imposed by the court. In the federal system, SANDAU 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 Tribes Criminal Investigation Division, and the Poplar Police Department.
Jordan Gerald Lee Jackson 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 February 11, 2013, before U.S. District Judge Sam E. Haddon, JORDAN GERALD LEE JACKSON, a 25-year-old resident of Heart Butte and an enrolled member of the Blackfeet Tribe, appeared for sentencing. JACKSON was sentenced to a term of:
Prison: 30 months
Special Assessment: $100
Supervised Release: 2 years
JACKSON 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 Laura B. Weiss, the government stated it would have proved at trial the following:
On June 18, 2011, victim "C.A." was picked up by his cousin, JACKSON, in Great Falls. JACKSON was driving a blue van. Two other individuals were also in the van and everyone was drinking alcohol. When asked about alcohol consumption, JACKSON said, "I'm not sure how much I drank, but it was a lot."
By the time they arrived in Heart Butte, it was dark. C.A. then departed from Heart Butte with JACKSON. JACKSON indicated he was "really drunk," swerved off the road but laughed it off and kept going. The vehicle went off the road again, flipped over and ultimately landed upside down with the victim still strapped in the passenger seat.
A passerby cut the victim out of the passenger side as the victim was bleeding and yelling that he couldn't feel his arm. The victim was transported via ambulance to the Blackfeet Emergency Room. The nurse noted the following about C.A.'s right arm: "very badly evulsion to point of almost amputation." He was transferred via helicopter to Great Falls then to Harborview Medical Center in Seattle, Washington. He underwent three surgical procedures, including a skin graft.
Approximately an hour after the rollover, JACKSON was taken to the emergency room in Browning where his BAC was found to be .20.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that JACKSON will likely serve all of the time imposed by the court. In the federal system, JACKSON does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation, the Montana Highway Patrol, and the Blackfeet Law Enforcement.
Informational: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on February 11, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individuals were arraigned:
BENJAMIN QUINN McCHESNEY, a 35-year-old resident of Billings, appeared on charges of kidnaping and kidnaping involving a minor. If convicted of these charges, McCHESNEY faces possible penalties of life in prison, a $250,000 fine, and 5 years supervised release on each count. McCHESNEY also appeared on charges of conspiracy to use firearms during and in relation to a drug trafficking crime, theft of firearms from a licensed dealer, theft of firearms in interstate commerce, and possession of stolen firearms. If convicted of these charges, McCHESNEY faces possible penalties of 20 years in prison, a $250,000 fine, and 3 years supervised release on the first count, and 10 years in prison for each of the remaining three counts. Special Assistant U.S. Attorney Ed Zink is the prosecutor for the United States. The investigation was a cooperative effort between the Billings Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the United States Marshals Service.
The defendant pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Danny Thomas Fox 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 February 12, 2013, before U.S. District Judge Sam E. Haddon, DANNY THOMAS FOX, a 25-year-old resident of Poplar, appeared for sentencing. FOX was sentenced to a term of:
Prison: 35 months
Special Assessment: $100
Forfeiture: shotgun
Supervised Release: 3 years
FOX was sentenced in connection with his guilty plea to being a felon-in-possession of a firearm.
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
On July 11, 2012, FOX, a convicted felon, was spotted by Fort Peck law enforcement standing by a vehicle with a shotgun in the middle of the night. He dropped the shotgun and began to run. Law enforcement pursued him, ultimately arresting him and securing the shotgun.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that FOX will likely serve all of the time imposed by the court. In the federal system, FOX 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 Poplar Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Linda Reynolds 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 February 11, 2013, before U.S. District Judge Sam E. Haddon, LINDA REYNOLDS, a 63-year-old resident of Great Falls, was sentenced to a term of:
Prison: 262 months
Special Assessment: $100
Supervised Release: 5 years
REYNOLDS was sentenced in connection with her guilty plea to conspiracy to possess with intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
In July 2012, detectives from the Great Falls Police Department became alerted to a potential methamphetamine distribution ring in Great Falls. Detectives believed the methamphetamine was being brought to Montana from somewhere near Spokane, Washington.
On September 6, 2012, police received information from an anonymous caller, who stated REYNOLDS was dealing methamphetamine out of her apartment in Great Falls. The caller had purchased methamphetamine a few times from REYNOLDS in half-gram quantities. Police also spoke to additional witnesses who stated they received their methamphetamine supply from REYNOLDS.
Based on this information, police executed a search warrant at REYNOLDS' apartment that same day. REYNOLDS agreed to speak with police. She said there were drugs in the back bedroom and she currently possessed two ounces of methamphetamine. REYNOLDS explained she began dealing methamphetamine in July and she received her supply of methamphetamine from Joe and Ann Wetzel. She stated she received one ounce in July, an additional ounce in late August, and had just received the two ounces she had in her possession. REYNOLDS received methamphetamine from Mark Knesss. According to REYNOLDS, Kness brought his drug dealer, Louis Kanyid, to REYNOLDS' apartment in the winter of 2012. Kanyid regularly went by "Washington" in Great Falls, because he traveled from the state of Washington. REYNOLDS observed methamphetamine deals between Kness and Kanyid, and Kness would brag about how the methamphetamine was of great quality.
Sometime in July 2012, REYNOLDS heard Kanyid was back in Great Falls. REYNOLDS told police that she then contacted Joe and Ann Wetzel directly to get methamphetamine. Joe and Ann Wetzel had told REYNOLDS they were directly supplied by Kanyid. REYNOLDS paid Joe and Ann Wetzel $1,700 per ounce of methamphetamine. She then resold the methamphetamine for $3,700 per ounce and paid the Wetzels $1,000 for facilitating the deal. Law enforcement seized over 50 grams of actual (pure) methamphetamine in their investigation.
Kanyid, Kness, Joe and Ann Wetzel pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that REYNOLDS will likely serve all of the time imposed by the court. In the federal system, REYNOLDS does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Russell County Drug Task Force.
Elizabeth Medicine Top Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on February 6, 2013, before Chief U.S. District Judge Richard F. Cebull, ELIZABETH MEDICINE TOP, a 47-year-old resident of Lame Deer, appeared for sentencing. MEDICINE TOP was sentenced to a term of:
Probation: 3 years
Special Assessment: $100
Restitution: $5,144
MEDICINE TOP was sentenced in connection with her guilty plea to theft of government money.
In an Offer of Proof filed by Assistant U.S. Attorney Chad C. Spraker, the government stated it would have proved at trial the following:
On November 15, 2007, at the Social Security Administration office in Billings, MEDICINE TOP applied for Old Age, Survivor, and Disability Insurance (OASDI) auxiliary benefits for two of her children, JTF and CMT. MEDICINE TOP also applied to be a representative payee for JTF and CMT. MEDICINE TOP represented on the applications that both JTF and CMT lived with her.
In truth MEDICINE TOP had not lived with either JTF or CMT since June 2007, when MEDICINE TOP left the two children with her oldest daughter, JL, in Utah. JTF and CMT continued to live with JL and other family members until February 2008, when MEDICINE TOP retrieved JTF and CMT and moved them to MEDICINE TOP's home in Montana.
MEDICINE TOP lived with JTF and CMT until January 17, 2009, when the children went to live with MEDICINE TOP's nephew, JFH. JTF and CMT continued to live with JFH and his wife until at least May 2009.
On January 11, 2011, MEDICINE TOP was interviewed and acknowledged that she applied for OASDI benefits for JTF and CMT. MEDICINE TOP acknowledged that she knew she should have reported that JTF and CMT were not in her custody from October 2007 to January 2008, as she was receiving their benefits while the two girls were not in her care and custody. MEDICINE TOP also admitted that in January 2009, that JTF and CMT went to live with JFH, but MEDICINE TOP nevertheless continued to collect benefits on the children's behalf.
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 February 8, 2013, before U.S. Magistrate Judge Keith Strong, the following individuals were arraigned:
SAM VERNON WINDY BOY, JR., a 68-year-old resident of Box Elder, appeared on charges of aggravated sexual abuse and abusive sexual contact. He is currently detained. If convicted of these charges, WINDY BOY faces possible penalties of life in prison, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Laura B. Weiss is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
LOUIS MICHAEL HEALY, a 40-year-old resident of Hays, appeared on charges of assault resulting in serious bodily injury, assault with a dangerous weapon, aggravated sexual abuse, and abusive sexual contact. He is currently detained. If convicted of these charges, HEALY faces possible penalties of life in prison, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Jessica A. Betley is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
The 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.
Jason Owen Gierke Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on February 7, 2013, before Chief U.S. District Judge Richard F. Cebull, JASON OWEN GIERKE, a 51-year-old resident of Miles City, appeared for sentencing. He was sentenced to a term of:
Prison: 15 days (credit for time served)
Special Assessment: $100
Supervised Release: 3 years
He was sentenced in connection with his guilty plea to conspiring to maintaining drug involved premises.
In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:
In approximately March of 2011, law enforcement received a complaint that Ross Pattison and Travis Birdinground were distributing marijuana to numerous people in Hardin and other places in Big Horn County. Through investigation and interviews, law enforcement determined that Pattison possessed a Montana medical marijuana card but was not listed as a caregiver because he is a convicted felon. Law enforcement also determined that Birdinground worked for Pattison delivering marijuana. Birdinground also possessed a medical marijuana card and was a caregiver for only one patient. Law enforcement observed Birdinground leave Pattison's residence numerous times a night and make trips to several residences within Hardin. Law enforcement also observed several individuals drive to Pattison's residence to purchase marijuana from Pattison.
On April 22, 2011, law enforcement executed search warrants for Pattison's Hardin residence and two pickup trucks. Law enforcement seized approximately five pounds of marijuana, approximately $124,000 in cash, digital scales, a paper grocery bag full of zip-lock bags, a methamphetamine pipe with residue, hashish, and photocopies of patient medical marijuana cards for marijuana caregivers GIERKE, Brandon Strecker, Birdinground and another individual.
On May 23, 2011, law enforcement executed a search warrant at Strecker's Hardin residence. Law enforcement seized a total of 420 marijuana plants - 112 marijuana plants in the attached garage, 239 marijuana plants in the bedroom, one plant in the living room, 68 in the greenhouse and shed. They also seized loose marijuana.
Several witnesses confirmed that Pattison would take and receive orders for marijuana and GIERKE, Birdinground, and another individual would deliver marijuana to the buyers. Several witnesses will testify that after Ross Pattison's house was searched, all deliveries were then made by Strecker or the others.
During an interview with law enforcement on April 22, 2011, Birdinground admitted his role in the conspiracy to distribute marijuana from Pattison's and Strecker's Hardin residences. The marijuana that he possessed on April 22, 2011, was marijuana that he was delivering for Pattison and Strecker. The marijuana was ordered through Pattison. Birdinground would pick up the marijuana from Pattison and give Pattison the money after the transaction. Pattison and Strecker paid Birdinground $800 every two weeks.
During an interview with law enforcement on May 25, 2011, GIERKE stated that he helped set up the greenhouses and watering system as part of the marijuana grow operation at Strecker's Hardin residence. GIERKE obtained his marijuana from Pattison and Strecker. GIERKE, Pattison, and Strecker were "business partners." Pattison put it all together and they grew the marijuana at Strecker's residence.
Chemists with the DEA laboratory in San Francisco tested the marijuana items submitted from the search of Strecker's residence. Some of the items were plant clippings as well as loose marijuana. The result of the analysis was that those items contained a detectable amount of marijuana, a Schedule I controlled substance.
Strecker, Pattison, and Birdinground pled guilty to federal charges and are awaiting sentencing.
The investigation was a cooperative effort between the Drug Enforcement Administration, the Montana Division of Criminal Investigation.
Informational: Federal Court Initial AppearanceRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on February 6, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individual appeared:
MARY AGNES LEIDER, a 24-year-old resident of St. Xavier, made an initial appearance on a complaint alleging second degree murder. She is currently detained. If charged with this offense, LEIDER faces possible penalties of life in prison, a $250,000 fine and 5 years supervised release. Assistant U.S. Attorney Marcia K. Hurd is the prosecutor for the United States. The investigation was a cooperative effort between the Federal Bureau of Investigation, the Bureau of Indian Affairs, and the Big Horn County Sheriff's Office.
A complaint is merely a written statement of the essential facts constituting the offense charged.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on February 5, 2013, before U.S. Magistrate Judge Keith Strong, the following individual was arraigned:
HIRAM EVANS, a resident of Browning, appeared on charges of aggravated sexual abuse and sexual abuse. He is currently detained. If convicted of these charges, EVANS faces possible penalties of life in prison, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Ryan G. Weldon is the prosecutor for the United States. The investigation was a cooperative effort between the Federal Bureau of Investigation and the 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.
Daniel Young 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 February 5, 2013, before Chief U.S. District Judge Richard F. Cebull, DANIEL YOUNG, a 35-year-old resident of Billings, was arraigned and pled guilty to bank fraud. Sentencing is set for May 8, 2013. He is currently released on special conditions.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
YOUNG owned and operated Auto Plaza, Inc. in Billings. Auto Plaza sold used vehicles along with new and used boats, ATV's, motorcycles, snowmobiles and recreational vehicles. Two other individuals were co-owners and/or partners with YOUNG from 2007 to 2010; however, YOUNG was the primary operator of the business. YOUNG operated the dealership and handled the day to day financial transactions.
Auto Plaza, Inc., maintained day-to-day operations with the assistance of several financing companies (also referred to as a "floor plan"), including Dealer Services Corporation and First Interstate Bank ("FIB"). The dealership typically acquired their inventory through the Auto Auction in Billings. After a vehicle was sold by Auto Plaza, Inc., the company with that provided the financing to originally purchase the car was to be paid off with the proceeds of the sale. The paying off of any liens on vehicles by the financing company allowed for a clear title to be passed on to the new buyer of the vehicle.
In approximately October of 2010, FIB canceled the $500,000 floor plan at the Auto Plaza. In approximately November of 2010, Dealer Services Corporation also canceled their financing at the Auto Plaza.
During the course of the investigation, it was learned that the dealership was out of trust possibly since the day they obtained their floor plan loan with FIB as well as Dealer Services Corporation; the dealership sold vehicles with unpaid liens and failed to provide new owners titles; the dealership sold vehicles they didn't pay for; the dealership sold extended warranties for vehicles that were not actually purchased from the warranty companies; and the dealership sold vehicles/boats they held on consignment and didn't pay the owner.
Specifically, on August 1, 2008, in Billings, YOUNG sold a 2005 Mastercraft boat with a lien held by Key Bank, N.A., of Brooklyn, Ohio. When YOUNG sold the boat at the Auto Plaza, he caused the submission of false loan documents to First Interstate Bank; in that the new purchaser was told there was no lien on the boat. First Interstate Bank believed they were obtaining a first position on the title of the boat and authorized the loan. The loan was funded by First Interstate Bank and the Auto Plaza received the money for the boat purchase. In furtherance of the scheme, YOUNG lied to a personal banker at First Interstate Bank about the payoff of the lien to Key Bank, N.A., and caused the submission of a false lien release to the Montana Division of Motor Vehicles on behalf of Key Bank for the boat.
YOUNG faces possible penalties of 30 years in prison, a $1,000,000 fine and 5 years supervised release.
The investigation was conducted by the Federal Bureau of Investigation.
Robert Kirk Belton 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 February 4, 2013, before U.S. District Judge Sam E. Haddon, ROBERT KIRK BELTON, a 49-year-old resident of Poplar, pled guilty to possession with intent to distribute methamphetamine. Sentencing has been set for May 20, 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:
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.
BELTON 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.
The investigation was a cooperative effort between the Federal Bureau of Investigation, the Fort Peck Law Enforcement, and the Roosevelt County Sheriff's Office.
Frank Xavier Manyen and Julie Ann Rozell Plead Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on February 5, 2013, before Chief U.S. District Judge Richard F. Cebull, FRANK XAVIER MANYEN, a 32-year-old resident of Laurel, and JULIE ANN ROZELL, a 38-year-old resident of Billings, pled guilty to conspiracy to possess with intent to distribute and distribution of methamphetamine. Sentencing has been set for May 8, 2013. They are currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
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 another individual to distribute the methamphetamine obtained from ROZELL - an individual named H.M. MANYEN and H.M. together distributed the methamphetamine they obtained from ROZELL in the greater Billings area. MANYEN and H.M. obtained approximately 700 grams of methamphetamine from ROZELL, which they in turn distributed to their own customers.
MANYEN faces possible penalties of a mandatory minimum of 5 years and could be sentenced to 40 years, a $5,000,000 fine, and 5 years supervised release.
ROZELL faces possible penalties of a mandatory minimum of 10 years and could be sentenced to life, a $10,000,000 fine, and 5 years supervised release.
The investigation was conducted by the Billings Big Sky Safe Streets Task Force and High Intensity Drug Trafficking Area (HIDTA) Task Force.
Marlys Young Running Crane Arraigned and Pleads Guilty U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls on February 4, 2013, before U.S. District Judge Sam E. Haddon, MARLYS YOUNG RUNNING CRANE, a 59-year-old resident of Browning, was arraigned and pled guilty to misprision of a felony. Sentencing is set for June 3, 2013.
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:
Beginning in November 2010, Louis Romero, Henry Lopez, and several other individuals facilitated the distribution of methamphetamine in Browning and Great Falls.
During this time, YOUNG RUNNING CRANE had full knowledge that several of the other individuals were all involved in illegal methamphetamine distribution. YOUNG RUNNING CRANE failed to notify any authorities of these illegal activities. In fact, when law enforcement questioned YOUNG RUNNING CRANE, she provided an untruthful statement that this drug activity was not occurring, which in effect, concealed the crime.
Romero and Lopez pled guilty to federal charges.
YOUNG RUNNING CRANE faces possible penalties of 3 years in prison, a $250,000 fine and 1 year supervised release.
The investigation was conducted by the Montana Violent Crimes Task Force.
Mark Ryan Coyle Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on February 1, 2013, before Chief U.S. District Judge Richard F. Cebull, MARK RYAN COYLE, a 35-year-old resident of Billings, appeared for sentencing. COYLE was sentenced to a term of:
Prison: 130 months
Special Assessment: $100
Supervised Release: 5 years
COYLE was sentenced in connection with his guilty plea to conspiracy to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
On November 4, 2011, the drug task force in Billings conducted a controlled buy of methamphetamine from an individual, identified here as Z.Z., using a confidential informant (CI). The CI bought .6 grams of meth for $30. Later on that same day, Z.Z. was stopped and consented to a search of his car and house. The searches netted cash ($1,887) and methamphetamine (8.4 grams), as well as a marijuana pipe, marijuana, a digital scale, a gun, and ammunition. After the search, Z.Z. identified his source as COYLE and agreed to cooperate.
On November 8, 2011, the task force bought two ounces of meth from COYLE using Z.Z. as a CI. In an interview of Z.Z. after the purchase, Z.Z. admitted that he had bought approximately 30 ounces from COYLE over a period of six months. He admitted that he got the gun that was seized during the search of his car by trading meth for it.
Again, on December 30, 2011, the task force used Z.Z. to buy one ounce of meth from COYLE. The transaction took place at COYLE's house. After the transaction, the task force obtained a search warrant for the house.
On January 2, 2012, COYLE was stopped on the interstate. COYLE agreed to talk with law enforcement and admitted that he was selling meth in Billings for approximately a year, and that he had been traveling to Denver to pick up meth for about 7 months. He admitted to getting 20-30 pounds of meth from his Denver source and selling it in Billings. COYLE admitted that he had traveled to Denver the previous week and bought 5 pounds of meth, which was in his bedroom.
Law enforcement seized approximately 5 pounds of meth during the search of COYLE's house, as well as some guns, scales, cash, and drug paraphernalia. COYLE's truck was searched, on January 4, 2012, and some meth, cocaine, and drug paraphernalia were found.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that COYLE will likely serve all of the time imposed by the court. In the federal system, COYLE does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the High Intensity Drug Trafficking Area (HIDTA) Task Force.
Christopher Wayne Williams 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 February 1, 2013, before U.S. District Judge Dana L. Christensen, CHRISTOPHER WAYNE WILLIAMS, a 38-year-old resident of Helena, appeared for sentencing. WILLIAMS was sentenced to a term of:
Prison: 5 years (Count VI) plus 130 days (Count III)
Special Assessment: $200
Supervised Release: 5 years
WILLIAMS was convicted on September 27, 2012, following a 4 day trial in federal district court in which he was found guilty of conspiracy to manufacture, distribute, and possess with intent to distribute marijuana, manufacture of marijuana, possession with the intent to distribute marijuana, and possession of a firearm during a drug trafficking offense.
Following WILLIAMS' conviction on all counts, the parties reached a post-conviction agreement in which the United States agreed to dismiss Counts I, II, VI, V, VII, and VIII, in exchange for WILLIAMS' waiver of appeal. WILLIAMS was only sentenced on Counts III and VI.
The facts established at trial proved the following:
In late 2010, the federal government began to investigate Montana Cannabis. The investigation was prompted, in part, because of complaints from the public about the activities at the former State Nursery facility. It was also prompted by complaints from employees of Montana Cannabis about WILLIAMS' volatile behavior. The employees were also worried about the manner in which firearms were part of the culture of the grow operation.
Accordingly, a number of federal agencies began to investigate the conspiracy. The investigation was extensive and included close scrutiny of the conspiracy's banking practices.
On March 14, 2011, search warrants were executed at the Helena grow operation and dispensary, the Flor residence, the Billings dispensary, and the Missoula dispensary. About 950 plants were found at the Helena grow operation. Firearms were also found at that location placed in a manner clearly intended to protect the operation from robbery. Several of the firearms were associated with Dan Nichols, a notorious criminal who served as "armed security" at the Helena grow operation. Significant amounts of marijuana were also found at the Billings, Helena, and Missoula dispensaries.
WILLIAMS showed up at the greenhouse in Helena during the search. He stated that the operation there had produced 56 cycles, each of which yielded 150 to 200 ounces of marijuana. Using the lower estimate of 150 ounces per cycle, and assuming each ounce sold at a conservative $200 an ounce, the Helena operation yielded $1,680,000 over the course of the conspiracy. Combined with the amount of proceeds produced at the Miles City address, the conspiracy produced a total of at least $1,728,000 in marijuana.
The search of the Flor residence in Miles City disclosed the presence of marijuana prepared for distribution. An extensive cache of firearms was also found in the residence. Many of those firearms were placed in a manner so that they could be used to protect the operation.
Justin Flor was at the Billings dispensary when it was searched. He had a pistol in the waistband of his pants. Justin Flor stated that his family was preparing to grow marijuana in Miles City as part of its annual outdoor grow. Justin Flor disclosed that Montana Cannabis used bank accounts and he deposited money from the sale of marijuana into at least one of the banks accounts.
Assistant U.S. Attorney Joseph E. Thaggard and Paulette L. Stewart prosecuted the case for the United States.
Following the sentencing, United States Attorney Michael W. Cotter said, "Williams repeated claims of "compliance" with Montana law are simply false. Williams is a convicted marijuana dealer who operated a drug trafficking organization outside both federal and state law. It is also important to remember that Williams used not one, but several weapons in furtherance of his drug trafficking crime. He will serve the remainder of his incarceration in a federal penitentiary. Marijuana, along with heroin, LSD and Ecstasy are all Schedule I controlled substances. Schedule I substances are defined as having no currently accepted medical use in the United States, a lack of accepted safety for use under medical supervision, and a high potential for abuse."
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that WILLIAMS will likely serve all of the time imposed by the court. In the federal system, WILLIAMS 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 following federal, state and local law enforcement agencies: the Drug Enforcement Administration, U.S. Immigration and Customs Enforcement's Homeland Security Investigations, Criminal Investigation Division of the Internal Revenue Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, the Environmental Protection Agency-Criminal Investigation Division, U.S. Customs and Border Protection-Border Patrol, and the Occupational Safety and Health Administration. These federal agencies were assisted by local High Intensity Drug Trafficking Area task forces, the Northwest Drug Task Force, the Kalispell Police Department, the Flathead County Sheriff's Office, the Missoula Police Department, the Missoula County Sheriff's Office, the Missoula High Intensity Drug Trafficking Area (HIDTA) Task Force, the Great Falls Police Department, the Cascade County Sheriff's Office, the Central Montana Drug Task Force, the Billings Police Department, the Yellowstone County Sheriff's Office, the Eastern Montana High Intensity Drug Trafficking Area (HIDTA) Task Force, the Dillon Police Department, the Beaverhead County Sheriff's Office, the Park County Sheriff's Office, the Bozeman Police Department, the Gallatin County Sheriff's Office, the Belgrade Police Department, the Missouri River Drug Task Force, the Helena Police Department, the Lewis & Clark Sheriff's Office, and the Eastern Montana Drug Task Force - Miles City.
Justin Lane Flor Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on January 31, 2013, before Chief U.S. District Judge Richard F. Cebull, JUSTIN LANE FLOR, a 35-year-old resident of Miles City, appeared for sentencing. FLOR was sentenced to a term of:
Prison: 120 months
Special Assessment: $100
Forfeiture: cell phone
Supervised Release: 10 years
FLOR was sentenced in connection with his guilty plea to possession of child pornography.
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:
In January 2012, law enforcement personnel in Miles City received a report that FLOR (then age 35) was believed to be involved in a sexual relationship with a 14-year-old girl. The investigation revealed that FLOR had provided the girl with drug paraphernalia and the two had smoked marijuana together and had repeatedly engaged in sexual activities at FLOR's residence in Miles City. FLOR's cellular telephone was seized as part of the investigation, and forensic examination revealed the presence of three child pornography movies that were saved in a directory on the phone. The movies had been downloaded from the Internet and saved. The movies depicted children engaged in sexually explicit conduct and their nature was readily apparent. FLOR possessed the three movies on his cell phone and they were mailed, shipped or transported in interstate commerce or produced using material that traveled in interstate commerce.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that FLOR will likely serve all of the time imposed by the court. In the federal system, FLOR 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 Miles City Police Department and the Federal Bureau of Investigation.
Jalen Jeremy Larance Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on January 31, 2013, before Chief U.S. District Judge Richard F. Cebull, JALEN JEREMY LARANCE, a 21-year-old resident of Lame Deer and an enrolled member of the Northern Cheyenne Tribe, appeared for sentencing. LARANCE was sentenced to a term of:
Prison: 84 months
Special Assessment: $100
Supervised Release: 10 years
LARANCE was sentenced in connection with his guilty plea to 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:
In late August or early September of 2011, LARANCE came to the house where the victim was staying, located in a housing area in Lame Deer, to check his Facebook account on her computer. LARANCE was drunk. While at the house, LARANCE pushed his body against the victim trying to hold her. She told LARANCE to leave and then she went into the bathroom. LARANCE followed her into the bathroom, pushed her against the sink, and forced her to engage in sexual intercourse. The victim repeatedly told LARANCE no.
The victim did not report the rape to law enforcement immediately, but she did tell her school counselor. There were also Facebook postings by LARANCE about the rape in which he apologized to the victim.
LARANCE was interviewed and provided a recorded statement admitting that he raped the victim.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that LARANCE will likely serve all of the time imposed by the court. In the federal system, LARANCE does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on January 31, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individual was arraigned:
JOSEPH MATTHEW BALLANTYNE, a 54-year-old resident of Billings, appeared on a charge of failure to register as a sexual offender. He is currently detained. If convicted of this charge, BALLANTYNE faces possible penalties of 10 years in prison, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Marcia K. Hurd is the prosecutor for the United States. The investigation was conducted by the United States Marshals Service.
The defendant pled not guilty to the charge.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Donald Carl Salois Found Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that on January 30, 2013, in Great Falls, after a federal district court trial before U.S. District Judge Sam E. Haddon, DONALD CARL SALOIS, a 49-year-old resident of Browning, was found guilty of aggravated sexual abuse. Sentencing is set for May 20, 2013. He is currently detained.
At trial, the following evidence and testimony was presented to the jury. SALOIS picked up his victim in a 2000 Ford Ranger along Highway 2, south of Browning. 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 2000 Ford Ranger 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.
Assistant U.S. Attorneys Ryan G. Weldon and Laura B. Weiss prosecuted the case for the United States.
SALOIS faces possible penalties of life imprisonment, a $250,000 fine, and lifetime supervised release.
The investigation was conducted by the Federal Bureau of Investigation.
Amasa Pinckney Niles, IV, Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on January 30, 2013, before Chief U.S. District Judge Richard F. Cebull, AMASA PINCKNEY NILES, IV, a 41-year-old resident of Billings, appeared for sentencing. NILES was sentenced to a term of:
Prison: 151 months
Special Assessment: $300
Supervised Release: 5 years
NILES was sentenced in connection with his guilty plea to conspiracy to possess with intent to distribute methamphetamine, possession with the intent to distribute methamphetamine, and distribution of methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:
NILES came to the attention of law enforcement officers as part of a larger drug case. NILES was identified as a person who purchased large amounts of methamphetamine from Las Vegas on behalf of supplier Howard Bonifant in Billings to distribute to his distributor network here. NILES became involved through Sheila Coffman, as the two were dating and distributing together. Others also identified NILES as a distribution source from Bonifant. NILES and Coffman were getting the methamphetamine from several of Bonifant's runners beginning in June 2009. NILES received significantly more than several pounds from each of the suppliers during the time he was involved. His involvement ended in June of 2010 when he went to prison for shooting a person in Billings. NILES resold the methamphetamine to others who have identified him as their supplier.
Bonifant and Coffman both 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 NILES will likely serve all of the time imposed by the court. In the federal system, NILES does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Billings Big Sky Safe Streets Task Force and the Federal Bureau of Investigation.
Mark James 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 Billings, on January 29, 2013, before Chief U.S. District Judge Richard F. Cebull, MARK JAMES DENNY, a 33-year-old resident of Hardin, pled guilty to theft from an organization receiving federal funding. Sentencing has been set for May 1, 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) on the Crow Indian Reservation was created in 2005. The 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.
The Director of the CTHPO from approximately 2005 until November 15, 2011 is identified here as X.X. During the time X.X. was Director, most of the monitors were his family members. Two other monitors were not hired as Crow Tribe employees but were assigned as project monitors and received payment directly from the companies. DENNY was also an employee of the CTHPO.
Sometime in the summer of 2009, X.X. approached the Vice-Chairman of the Tribe and tried to get the process changed so that the companies could make direct payments to the monitors. When he was told he couldn't do that, he indicated he would take the matter up with the Chairman. The Chairman was never approached and did not provide any approval for X.X.'s request.
Even though his request was denied, X.X. began advising companies that payments would now be made directly to the tribal monitors assigned to the project. At first, in the summer of 2009, few direct payments were arranged. However, in the summer of 2010, the CTHPO staff person who insured that companies were properly billed and that CTHPO payments went to the Tribe left the office, and direct billing - having companies pay monitors personally instead of remitting the fee to the Crow Tribe - became much more prevalent.
From July 2009 to November 2011, a total of over $500,000 in monitoring service payments from the companies doing business on the Crow Reservation were diverted to the personal use and benefit of the employees of the CTHPO and the two non-employees assigned to projects as monitors. X.X. did not serve as a monitor in the field.
In the Summer of 2011 - from June to August - DENNY was assigned as a monitor to the Sarpy Creek project, which was the Westmoreland Resources expansion of the Absaloka Coal Mine in the Powder River Basin. DENNY's assignment was to monitor the progress of the project to insure that no culturally, archeologically, or historically important sites were disturbed.
A Westmoreland sub-contractor, GCM Services, went forward with an extensive excavation of the site with the approval of X.X., who as Director of the CTHPO had assigned several others and DENNY as project monitors. As a result of the approved site plan, a 2,000-year-old bison kill site was unearthed in 2011 with heavy equipment, causing significant, irreparable damage to the site. The largest bison bone bed was estimated to cover almost 3,000 square meters and contained the remains of hundreds, perhaps thousands, of butchered bison remains and prehistoric spear points dating back to the Late Archaic period.
When interviewed, DENNY admitted that he knew that he took direct payments while a tribal employee and that it was wrong to be paid by the Tribe and the companies for the same work. He admitted that the time sheets he submitted to the Tribe and the invoices he submitted to the companies were false and fraudulent because they were inflated and represented demands for payment for hours not worked. According to a GCM Services company representative, "the monitors often did not show up, and, if they did, they often only worked one to three hours."
The United States will seek restitution in the amount of $73,046 - the amount of loss directly attributable DENNY.
I meet regularly with tribal officials on each of Montana's reservations, and at each meeting they ask this office to do more to put an end to corruption and theft in the administration of federal grants and programs. I take - and have taken - their pleas to heart when my office created the Guardians Project with just that mission in mind. The change of plea today represents just one of many, many steps this office will take to respond the concerns of our Indian communities for honesty and integrity in tribal government." Michael W. Cotter, United States Attorney for the District of Montana.
DENNY faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by a team of agents and auditors working with the U.S. Attorney's Guardians Project, including the Office of Inspector General for the Department of Interior, the Federal Bureau of Investigation, and the Criminal Investigation Division of the Internal Revenue Service.
Larkin Troy Chandler 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 January 29, 2013, before Chief U.S. District Judge Richard F. Cebull, LARKIN TROY CHANDLER, a 46-year-old resident of Crow Agency, pled guilty to theft from an organization receiving federal funding. Sentencing has been set for May 1, 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) on the Crow Indian Reservation was created in 2005. The 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.
The Director of the CTHPO from approximately 2005 until November 15, 2011 is identified here as X.X. During the time X.X. was Director, most of the monitors were his family members. Two other monitors were not hired as Crow Tribe employees but were assigned as project monitors and received payment directly from the companies. CHANDLER was also an employee of the CTHPO.
Sometime in the summer of 2009, X.X. approached the Vice-Chairman of the Tribe and tried to get the process changed so that the companies could make direct payments to the monitors. When he was told he couldn't do that, he indicated he would take the matter up with the Chairman. The Chairman was never approached and did not provide any approval for X.X.'s request.
Even though his request was denied, X.X. began advising companies that payments would now be made directly to the tribal monitors assigned to the project. At first, in the summer of 2009, few direct payments were arranged. However, in the summer of 2010, the CTHPO staff person who insured that companies were properly billed and that CTHPO payments went to the Tribe left the office, and direct billing - having companies pay monitors personally instead of remitting the fee to the Crow Tribe - became much more prevalent.
From July 2009 to November 2011, a total of over $500,000 in monitoring service payments from the companies doing business on the Crow Reservation were diverted to the personal use and benefit of the employees of the CTHPO, including CHANDLER, and the two non-employees assigned to projects as monitors. X.X. did not serve as a monitor in the field. According to a GCM Services company representative, "the monitors often did not show up, and, if they did, they often only worked one to three hours."
When interviewed, CHANDLER confirmed that he had been a tribal employee being paid on a per hour basis for his services as a monitor. He also confirmed that he billed the companies directly, at the direction of X.X., for performing the services for which he was already being compensated by the Tribe.
The United States will seek restitution in the amount of $44,546.50, the amount of loss to the Crow Tribe directly attributable CHANDLER.
I meet regularly with tribal officials on each of Montana's reservations, and at each meeting they ask this office to do more to put an end to corruption and theft in the administration of federal grants and programs. I take - and have taken - their pleas to heart when my office created the Guardians Project with just that mission in mind. The change of plea today represents just one of many, many steps this office will take to respond the concerns of our Indian communities for honesty and integrity in tribal government." Michael W. Cotter, United States Attorney for the District of Montana.
CHANDLER faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by a team of agents and auditors working with the U.S. Attorney's Guardians Project, including the Office of Inspector General for the Department of Interior, the Federal Bureau of Investigation, and the Criminal Investigation Division of the Internal Revenue Service.
Keith Daniel Skunkcap 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 January 29, 2013, before U.S. Magistrate Judge Keith Strong, KEITH DANIEL SKUNKCAP, a 21-year-old resident of Browning and an enrolled member of the Blackfeet Tribe, pled guilty to burglary. Sentencing has been set for May 10, 2013.
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.
SKUNKCAP faces possible penalties of 20 years in prison, a $50,000 fine and 3 years supervised release.
The investigation was conducted by the Federal Bureau of Investigation.
Jason Charles Shouse 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 January 29, 2013, before U.S. Magistrate Judge Keith Strong, JASON CHARLES SHOUSE, a 36-year-old resident of Cascade County, pled guilty to sexual exploitation of children and penalties for registered sex offenders. Sentencing has been set for May 10, 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:
In 1997, in the Eighth Judicial District Court of Montana, SHOUSE was 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 depict SHOUSE performing sexual acts which meet the federal definition of "sexually explicit conduct" on an approximately 2-year-old child. SHOUSE was identified on the videos and appeared to have filmed the videos himself in 2008.
SHOUSE faces possible penalties of a mandatory minimum of 25 years in prison and could be sentenced to 50 years, a $250,000 fine, and lifetime supervision. In addition, SHOUSE faces an additional mandatory 10 year imprisonment, consecutive to any other sentence, for penalties for registered sex offenders.
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.
Frederick Paul Deputee, Jr. Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on January 29, 2013, before Chief U.S. District Judge Richard F. Cebull, FREDERICK PAUL DEPUTEE, JR., a 25-year-old resident of Hardin and an enrolled member of the Crow Tribe, pled guilty to theft from an Indian organization. Sentencing has been set for May 1. He is 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) on the Crow Indian Reservation was created in 2005. The 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.
The Director of the CTHPO from approximately 2005 until November 15, 2011 is identified here as X.X. During the time X.X. was Director, most of the monitors were his family members. Two other monitors, one of which was DEPUTEE, were not hired as Crow Tribe employees but were assigned as project monitors and received payment directly from the companies.
Sometime in the summer of 2009, X.X. approached the Vice-Chairman of the Tribe and tried to get the process changed so that the companies could make direct payments to the monitors. When he was told he couldn't do that, he indicated he would take the matter up with the Chairman. The Chairman was never approached and did not provide any approval for X.X.'s request.
Even though his request was denied, X.X. began advising companies that payments would now be made directly to the tribal monitors assigned to the project. At first, in the summer of 2009, few direct payments were arranged. However, in the summer of 2010, the CTHPO staff person who insured that companies were properly billed and that CTHPO payments went to the Tribe left the office, and direct billing - having companies pay monitors personally instead of remitting the fee to the Crow Tribe - became much more prevalent.
From July 2009 to November 2011, a total of over $500,000 in monitoring service payments from the companies doing business on the Crow Reservation were diverted to the personal use and benefit of the employees of the CTHPO and the two non-employees - one of which was DEPUTEE - assigned to projects as a monitor.
In the Summer of 2011 - from June to August - DEPUTEE was assigned as a monitor to the Sarpy Creek project, which was the Westmoreland Resources expansion of the Absaloka Coal Mine in the Powder River Basin. DEPUTEE's assignment was to monitor the progress of the project to insure that no culturally, archeologically, or historically important sites were disturbed.
A Westmoreland sub-contractor, GCM Services, went forward with an extensive excavation of the site with the approval of X.X., who, as Director of the CTHPO, had assigned DEPUTEE and others as project monitors. As a result of the approved site plan, a 2,000-year-old bison kill site was unearthed in 2011 with heavy equipment, causing significant, irreparable damage to the site. The largest bison bone bed was estimated to cover almost 3,000 square meters and contained the remains of hundreds, perhaps thousands, of butchered bison remains and prehistoric spear points dating back to the Late Archaic period.
When interviewed, DEPUTEE maintained that he was authorized by his aunt to work as a monitor on the site and denied knowing that the money paid by the companies were tribal fees which should have been deposited with the tribal government. His aunt had no supervisory role at the CTHPO. DEPUTEE was convinced - based on the assurances given to him by his aunt - that he could act, and was participating in the CTHPO activities, as an independent contractor role and also received payment directly from GCM. He admitted, however, that he did not work the hours for which he billed the company and acknowledged the wrongfulness of billing for hours not worked. According to a GCM Services company representative, "the monitors often did not show up, and, if they did, they often only worked one to three hours."
I meet regularly with tribal officials on each of Montana's reservations, and at each meeting they ask this office to do more to put an end to corruption and theft in the administration of federal grants and programs. I take - and have taken - their pleas to heart when my office created the Guardians Project with just that mission in mind. The change of plea today represents just one of many, many steps this office will take to respond the concerns of our Indian communities for honesty and integrity in tribal government." Michael W. Cotter, United States Attorney for the District of Montana.
DEPUTEE faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by a team of agents and auditors working with the U.S. Attorney's Guardians Project, including the Office of Inspector General for the Department of Interior, the Federal Bureau of Investigation, and the Criminal Investigation Division of the Internal Revenue Service.
A copy of the Offer of Proof can be obtained by contacting Sally Frank at (406) 247-4638.
Frederick Paul Deputee, Jr. Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on January 29, 2013, before Chief U.S. District Judge Richard F. Cebull, FREDERICK PAUL DEPUTEE, JR., a 25-year-old resident of Hardin and an enrolled member of the Crow Tribe, pled guilty to theft from an Indian organization. Sentencing has been set for May 1, 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) on the Crow Indian Reservation was created in 2005. The 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.
The Director of the CTHPO from approximately 2005 until November 15, 2011 is identified here as X.X. During the time X.X. was Director, most of the monitors were his family members. Two other monitors, one of which was DEPUTEE, were not hired as Crow Tribe employees but were assigned as project monitors and received payment directly from the companies.
Sometime in the summer of 2009, X.X. approached the Vice-Chairman of the Tribe and tried to get the process changed so that the companies could make direct payments to the monitors. When he was told he couldn't do that, he indicated he would take the matter up with the Chairman. The Chairman was never approached and did not provide any approval for X.X.'s request.
Even though his request was denied, X.X. began advising companies that payments would now be made directly to the tribal monitors assigned to the project. At first, in the summer of 2009, few direct payments were arranged. However, in the summer of 2010, the CTHPO staff person who insured that companies were properly billed and that CTHPO payments went to the Tribe left the office, and direct billing - having companies pay monitors personally instead of remitting the fee to the Crow Tribe - became much more prevalent.
From July 2009 to November 2011, a total of over $500,000 in monitoring service payments from the companies doing business on the Crow Reservation were diverted to the personal use and benefit of the employees of the CTHPO and the two non-employees - one of which was DEPUTEE - assigned to projects as a monitor.
In the Summer of 2011 - from June to August - DEPUTEE was assigned as a monitor to the Sarpy Creek project, which was the Westmoreland Resources expansion of the Absaloka Coal Mine in the Powder River Basin. DEPUTEE's assignment was to monitor the progress of the project to insure that no culturally, archeologically, or historically important sites were disturbed.
A Westmoreland sub-contractor, GCM Services, went forward with an extensive excavation of the site with the approval of X.X., who, as Director of the CTHPO, had assigned DEPUTEE and others as project monitors. As a result of the approved site plan, a 2,000-year-old bison kill site was unearthed in 2011 with heavy equipment, causing significant, irreparable damage to the site. The largest bison bone bed was estimated to cover almost 3,000 square meters and contained the remains of hundreds, perhaps thousands, of butchered bison remains and prehistoric spear points dating back to the Late Archaic period.
When interviewed, DEPUTEE maintained that he was authorized by his aunt to work as a monitor on the site and denied knowing that the money paid by the companies were tribal fees which should have been deposited with the tribal government. His aunt had no supervisory role at the CTHPO. DEPUTEE was convinced - based on the assurances given to him by his aunt - that he could act, and was participating in the CTHPO activities, as an independent contractor role and also received payment directly from GCM. He admitted, however, that he did not work the hours for which he billed the company and acknowledged the wrongfulness of billing for hours not worked. According to a GCM Services company representative, "the monitors often did not show up, and, if they did, they often only worked one to three hours."
I meet regularly with tribal officials on each of Montana's reservations, and at each meeting they ask this office to do more to put an end to corruption and theft in the administration of federal grants and programs. I take - and have taken - their pleas to heart when my office created the Guardians Project with just that mission in mind. The change of plea today represents just one of many, many steps this office will take to respond the concerns of our Indian communities for honesty and integrity in tribal government." Michael W. Cotter, United States Attorney for the District of Montana.
DEPUTEE faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by a team of agents and auditors working with the U.S. Attorney's Guardians Project, including the Office of Inspector General for the Department of Interior, the Federal Bureau of Investigation, and the Criminal Investigation Division of the Internal Revenue Service.
A copy of the Offer of Proof can be obtained by contacting Sally Frank at (406) 247-4638.
Delwayne 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 January 29, 2013, before U.S. Magistrate Judge Keith Strong, DELWAYNE DENNY, a 30-year-old resident of Box Elder and an enrolled member of the Chippewa Tribe, pled guilty to sexual abuse. Sentencing has been set for May 10, 2013.
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.
DENNY 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 Rocky Boy's Police Department.
Charles Spotted Elk-Booth Jr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on January 29, 2013, before Chief U.S. District Judge Richard F. Cebull, CHARLES SPOTTED-ELK BOOTH, JR., a 26-year-old resident of Lame Deer, was sentenced to a term of:
Prison: 100 months
Special Assessment: $100
Supervised Release: 3 years
BOOTH was sentenced in connection with his guilty plea to aiding and abetting assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Lori H. Suek, the government stated it would have proved at trial the following:
On the evening of November 17, 2007, BOOTH, two adult males, and a juvenile male were driving around Lame Deer on the Northern Cheyenne Indian Reservation in southeastern Montana drinking. The group saw the victim walking down the street and decided to pick her up. She was staggering as she walked, because she was drunk. She got into the car with the men and sat in the back between BOOTH and one of the adult males. The group then bought more alcohol - vodka - and continued to drive around Lame Deer until they parked in a remote area in the hills near Lame Deer.
During the time that the group was parked in the remote area, the victim was repeatedly raped and beaten by various members of the group. At some point, she was naked and placed in the trunk of the car. The group then drove around with her in the trunk for several hours until she was rescued from the trunk by police.
When the victim was found in the trunk, she had extensive bruising on her legs, thighs, buttocks, arms and checks, and lacerations and abrasions all over her body. The victim was taken to the hospital for treatment. Photographs of the victim's body were taken at the hospital and several days later. The injuries shown in the photographs, as well as testimony of the victim and medical personnel, would establish that the victim suffered extreme physical pain from the injuries, and suffered a substantial risk of death from having been locked in the trunk for an extended period of time.
All of the participants in the crime, including BOOTH, were interviewed multiple times during the investigation. Through the testimony of co-defendants and the admissions of the defendant, the United States would prove that BOOTH aided and abetted in the assault of the victim and contributed to the injuries suffered by the victim. Additionally, BOOTH previously pleaded guilty to assaulting the victim in tribal court. Although the United States could not use the admissions made during that plea during its case in chief at a trial, the United States would have been able to use those admissions to impeach any contrary testimony BOOTH would give at trial, if he chose to testify on his own behalf.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BOOTH will likely serve all of the time imposed by the court. In the federal system, BOOTH 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.
Larry Eugene Green, Jr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on January 25, 2013, before Chief U.S. District Judge Richard F. Cebull, LARRY EUGENE GREEN, JR., a 26-year-old resident of Billings, appeared for sentencing. GREEN was sentenced to a term of:
Prison: 150 months
Special Assessment: $300
Restitution: $13,419.82
Supervised Release: 5 years
GREEN was sentenced in connection with his guilty plea to assault on a federal officer, conspiracy to possess methamphetamine with intent to distribute and distribute, and carrying a firearm in furtherance of a drug trafficking offense.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
On June 5, 2012, members of the United States Marshals Montana Violent Offenders Task Force were in the process of executing an arrest of GREEN with a valid arrest warrant, when GREEN was seen driving a silver Chevrolet Malibu. GREEN attempted to run away as members of the Task Force attempted to box in his car to execute the arrest. GREEN accelerated his car and struck a Deputy United States Marshal's government vehicle, a black Dodge Charger, in the area around the driver's side door, while a Deputy United States Marshal was operating the vehicle. GREEN struck the vehicle in an attempt to inflict harm to stop his apprehension by law enforcement.
GREEN exited the vehicle on foot and members of the Task Force engaged in a foot pursuit. GREEN was apprehended following the foot pursuit and arrested. A firearm was recovered in the floorboard area of GREEN's vehicle on the driver's side. Approximately eleven (11) grams of suspected methamphetamine was recovered on GREEN's person.
A search warrant for GREEN's vehicle was applied for and executed by law enforcement. The search yielded approximately 370 grams of suspected cocaine, approximately 156 grams of suspected methamphetamine, and approximately 5 grams of suspected marijuana, and 19 suspected ecstasy tablets. The suspected methamphetamine and suspected cocaine tested positive for the listed compounds using a presumptive field test. A second firearm was also located in the vehicle.
Following the assault on the Deputy U.S. Marshal and the search of GREEN's car, law enforcement discovered that GREEN was part of a larger methamphetamine distribution organization in Yellowstone County. The investigation uncovered that from January 2010 to June 2012, GREEN conspired with others to receive and distribute over 500 grams of a mixture containing a detectable amount of methamphetamine in Yellowstone County.
Additionally, law enforcement learned that during the course of his involvement in the methamphetamine conspiracy GREEN carried a firearm for personal protection and the protection of his drugs, specifically a Phoenix Arms, .22 cal. semi-automatic.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that GREEN will likely serve all of the time imposed by the court. In the federal system, GREEN does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the United States Marshals Montana Violent Offenders Task Force and the Billings Big Sky Safe Streets Task Force.
Informational: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on January 25, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individuals were arraigned:
WAYLON RONALD BURNS, a 35-year-old resident of Lame Deer, appeared on charges of aggravated sexual abuse and attempted aggravated sexual abuse. He is currently detained. If convicted of these charges, BURNS faces possible penalties of life in prison, a $250,000 fine, and 5 years supervised release. Assistant U.S. Attorney Lori H. Suek is the prosecutor for the United States. The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.
WALTER MITCHELL STEWART, JR., a 57-year-old transient, appeared on charges of abusive sexual contact, failure to register as a sexual offender with enhancements, and penalties for registered sexual offenders. He is currently detained. If convicted of these charges, STEWART faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to 30 years, a $250,000 fine, and 5 years supervised release. Assistant U.S. Attorney Marcia K. Hurd is the prosecutor for the United States. The investigation was a cooperative effort between the Federal Bureau of Investigation, the Bureau of Indian Affairs, and the United States Marshals Service.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Ashley Ann Lamere Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on January 28, 2013, before Chief U.S. District Judge Richard F. Cebull, ASHLEY ANN LAMERE, a 32-year-old resident of Billings, appeared for sentencing. LAMERE was sentenced to a term of:
Prison: 100 months
Special Assessment: $200
Restitution: $33,823.28
Forfeiture: $244,890.00
Supervised Release: 3 years
LAMERE was sentenced in connection with her guilty plea to wire fraud and bribery.
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:
LAMERE, aka Ashley Ann Thompson, operated numerous office supply companies and/or used various company names to defraud the United States military through various schemes, to include the following: billing government credit cards without authorization; billing more than was authorized on government credit cards; and bribing government officials to purchase additional items with cash and gift cards. LAMERE operated and/or used the following companies to accomplish her scheme: Base Suppliers, Inc., Federal Office Supply, Fresh, Government Cartridge Supply, Impac Office Supply, Red Dog Toner, Rimrock Office Supply, Servumart, and Yellowstone Office Supply. LAMERE operated the previously described companies out of two Billings addresses between 2005 and 2010. The companies focused on selling office supplies to government agencies, primarily the military, through telemarketing.
To accomplish the scheme to defraud, LAMERE and her employees gave military procurement personnel Western Union and Money Gram wires, gift cards and cash to either induce them into buying office supplies through the companies and/or as a gratuitous gift after the order was placed. LAMERE and her employees sent the military procurement personnel the wires, cards and cash via Federal Express packages, often times sent to the procurement personnel's personal address. Even after LAMERE and her employees were told by procurement personnel that they were not allowed to accept gifts over approximately $20, LAMERE and her staff continued to offer and provide amounts far in excess of $20 to military members.
Once military personnel were promised wires, cash and gift cards, LAMERE and her employees often did not send all the agreed upon supplies. At times, no supplies at all were sent by LAMERE and her employees to fulfill the individual orders. Also, after obtaining a Government Purchase Card (GPC) number from a military member, LAMERE and her employees made unauthorized charges on the GPC cards.
Military procurement personnel can authorize, without a supervising officer's approval, charges under $3,000. In an effort to circumvent the military procurement rules and regulations LAMERE set up numerous companies so more than $3,000 could be ordered from the various companies on any given day. LAMERE went so far as to provide guidance to military procurement personnel to assist them in avoiding detection from auditing authorities.
A total of 24 government procurement professionals were interviewed by law enforcement. Of the 24 interviewed, 17 individuals admitted receiving cash and/or gift cards in exchange for placing supply orders with the subject companies. In addition law enforcement used a cooperating witness and an undercover agent to record and monitor LAMERE and her business practices. Both individuals' contacts with LAMERE supported the claims that LAMERE bribed government procurement officers and billed unapproved charges to GPC cards. Specifically, the investigation uncovered that on or about March 12, 2010, at Billings, LAMERE directly offered cash to E.C., a member of the United States Navy responsible for obtaining supplies on behalf of his/her unit, if he/she continued to purchase unnecessary office supplies from LAMERE's companies. On March 15, 2010, at Billings, LAMERE caused to be transmitted by means of wire communication in interstate commerce a Money Gram wire transfer of $300 from LAMERE, in Billings, to E.C. in Jacksonville, Florida, to pay the bribe offered on March 12, 2010.
From 2008 to 2010, LAMERE obtained more than $1 million in purchases from credit cards through her various companies. LAMERE's business expenses, as deduced from her bank records, were less than $100,000 during the same time period.
The case against Ashley Lamere was an excellent example of cooperation amongst numerous agencies all over the United States," said U.S. Attorney Michael W. Cotter. "Bribery, as in this case, disrupts the good and proper functioning of the government. Today's sentence demonstrates that the District of Montana takes allegations of bribery seriously and will vigorously investigate and prosecute those perpetrating fraud on the United States."
Ethics matter for federal employees and those who do business with the federal government," said GSA Inspector General Brian D. Miller. "We have no tolerance for bribes, kickbacks, or corruption."
The Defense Criminal Investigative Service (DCIS), along with our law enforcement partners, continue to aggressively investigate public corruption and fraud involving Department of Defense and other Federal contracting matters. This sentencing demonstrates the Federal Government's continuing resolve to ensure those who violate the law are brought to justice and held accountable for their actions. This sentence will help deter others who would consider betraying the public trust", said Special Agent in Charge Janice Flores, DCIS, Southwest Field Office.
Rest assured those who find ways to fraudulently benefit from government programs will be brought to justice. IRS Criminal Investigation will work diligently with our law enforcement partners to combat such fraud," said Stephen Boyd, IRS Criminal Investigation Special Agent in Charge for the State of Montana.
Special Agent in Charge David J. Johnson of the FBI Salt Lake City Division: "The defendant's sophisticated network of bribery and fraud caused substantial losses to taxpayers. Using cash and gift cards as bait to illegally gain government purchasing card numbers, the defendant devised a far-reaching and multi-million dollar scheme against the U.S. Government. The FBI would like to thank all the investigators and prosecutors who aggressively pursued this case and brought this defendant to justice."
The highly successful nation-wide task force included Special Agents of the Western Region, Investigations Division, Office of the Inspector General, Defense Logistics Agency. Cooperation between the various law enforcement and investigative agencies was critical to the overall success of the task force." Kathy M. Roberts, Supervisory Special Agent, Chief, Western Region, DLA Office of the Inspector General Investigations Division.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that LAMERE will likely serve all of the time imposed by the court. In the federal system, LAMERE 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 Navy Criminal Investigation Service, General Services Administration - Office of Inspector General, U.S. Department of Defense - Office of Inspector General, Criminal Investigation Division of the Internal Revenue Service, Air Force Criminal Investigation Division, and the Army Criminal Investigation Division.
Informational: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on January 24, 2013, before U.S. Magistrate Judge Keith Strong, the following individuals were arraigned:
CASEY LEE MARTIN, a 31-year-old resident of Hays, appeared on a charge of assault with a dangerous weapon. He is currently detained. If convicted of this charge, MARTIN faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Jessica A. Betley is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
MARK EDWIN ABRESCH, a 54-year-old resident of Great Falls, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, and distribution of methamphetamine. He is currently detained. If convicted of these charges, ABRESCH faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $5,000,000 fine, and 5 years supervised release. Assistant U.S. Attorney Jessica A. Betley is the prosecutor for the United States. The investigation was conducted by the Drug Enforcement Administration.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on January 24, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, the following individual was arraigned:
COLEEN FURTHMYRE, a 46-year-old resident of Helena (formerly of Anaconda), appeared on charges of wire fraud and theft of government money. She is currently released on special conditions. If convicted of these charges, FURTHMYRE faces possible penalties of 20 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Timothy J. Racicot is the prosecutor for the United States. The investigation was a cooperative effort between the U.S. Secret Service and the U.S. Department of Health and Human Services - Office of Inspector General.
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.
Douglas Edward Cottrell 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 January 23, 2013, before U.S. District Judge Sam E. Haddon, DOUGLAS EDWARD COTTRELL, a 42-year-old resident of Great Falls, appeared for sentencing. COTTRELL was sentenced to a term of:
Probation: 3 years
Special Assessment: $100
Restitution: $7,707
COTTRELL was sentenced in connection with his guilty plea to supplemental social security income benefit fraud.
In an Offer of Proof filed by Assistant U.S. Attorney Bryan R. Whittaker, the government stated it would have proved at trial the following:
Beginning in August 2007, and continuing until December 2009, COTTRELL, intentionally concealed and failed to disclose his incarceration in Montana State Prison in order to continue to receive SSI and SSDI benefits payments provided to him by the Social Security Administration.
On April 13, 2007, COTTRELL applied for Social Security Supplemental Security Income ("SSI") benefits. COTTRELL was advised by the claims representative that he must legally report events that could affect his eligibility for SSI and Social Security Disability Insurance ("SSDI").
On May 25, 2007, the SSA claims representative conducted an SSI application review with COTTRELL and again advised him of his legal obligation to report events affecting his eligibility to SSI. Several of those events included his fugitive felon and parole or probation violation status, his living arrangements, his resources, and his income. He was approved for both SSI and SSDI.
On June 1, 2007, SSA sent COTRELL a "Notice of Award" letter for his SSI application. The letter also included a pamphlet, "What you need to know when you get SSI." Both the pamphlet and the letter again advised COTTRELL of his legal reporting requirements regarding events affecting his eligibility to SSI. Indeed, the pamphlet informed COTTRELL he must report his incarceration and stated, "benefits usually are not paid to someone who commits a crime and is confined to an institution by court order and at public expense." SSA sent another letter and pamphlet to COTTRELL on June 3, 2007 relating to the SSDI payments.
On June 8, 2007, COTTRELL was convicted of felony sexual assault in Cascade County and was sentenced to 10 years with 6 years suspended in Montana State Prison. He was admitted to prison on August 13, 2007.
Several years later, the SSA Great Falls Office received an anonymous call stating that the caller did not think it was right that COTTRELL could collect SSI and SSDI benefits while incarcerated in Deer Lodge. The SSA began an investigation and verified that COTTRELL was incarcerated and had a scheduled release date of July 3, 2011.
Shortly thereafter, SSA interviewed COTTRELL and he stated that he knew that he was required to report his incarceration and that if he did he would lose his SSI and SSDI benefits. He indicated that he had attempted to send one letter to SSA to notify them of his incarceration. No letter was ever received by SSA. He said he made no further attempts to contact SSA after the letter. He stated, "Yes, I knew that if I was getting the payments [SSA benefits], then the SSA probably didn't know I was in prison, but it was on the government."
During COTTRELL's incarceration, he was visited by his fiancé. COTTRELL told investigators that he told her to take the SSA benefit payments out of his personal bank account to pay rent, car payments, bills, and to deposit some of the money into his prison account.
The total amount of overpayment based upon the unauthorized payments and upon COTTRELL's failure to report the required events was $18,464.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that COTTRELL will likely serve all of the time imposed by the court. In the federal system, COTTRELL does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Social Security Administration - Office of Inspector General.
Joseph Pretty on Top Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on January 23, 2013, before Senior U.S. District Judge Jack D. Shanstrom, JOSEPH PRETTY ON TOP, a 49-year-old resident of Lodge Grass, appeared for sentencing. PRETTY ON TOP was sentenced to a term of:
Probation: 3 years
Special Assessment: $300
Restitution: $3,324
PRETTY ON TOP was sentenced in connection with his guilty plea to theft by an employee of an Indian gaming establishment and theft by employee of an Indian casino.
In an Offer of Proof filed by Assistant U.S. Attorney E. Vincent Carroll, the government stated it would have proved at trial the following:
On April 11, 2012, an investigation was opened after allegations that approximately $3,000 was stolen from the gaming machines at the Absaalooka Nights Casino at Crow Agency. The investigation revealed that PRETTY ON TOP, a security guard for the Absaalooka Nights Casino, had turned off the surveillance cameras to an area of the casino and, without authorization, took money out of the gaming machines in that area. PRETTY ON TOP took $681 on 3/18/2012; $1,132 on 3/20/2012; and $1,511 on 3/22/2012, for a total of $3,324. When interviewed by law enforcement, PRETTY ON TOP admitted to taking the money. Also, part of the thefts were caught on other surveillance videos.
The Absaalooka Nights Casino is a gaming establishment operated by and for, and licensed by, the Crow Tribe pursuant to an ordinance approved by the National Indian Gaming Commission.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that PRETTY ON TOP will likely serve all of the time imposed by the court. In the federal system, PRETTY ON TOP 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.
Informational: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on January 23, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individuals were arraigned:
JERARD DAVID JO THREEFINGERS, a 23-year-old resident of Lame Deer, appeared on charges of involuntary manslaughter and assault resulting in serious bodily injury. He is currently released on special conditions. If convicted of these charges, THREEFINGERS faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Lori Harper Suek is the prosecutor for the United States. The investigation was conducted by the Bureau of Indian Affairs.
KYLE LEE FULMER, a 29-year-old resident of Ashland, appeared on a charge of involuntary manslaughter. He is currently released on special conditions. If convicted of this charge, FULMER faces possible penalties of 8 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Lori Harper Suek is the prosecutor for the United States. The investigation was conducted by the Bureau of Indian Affairs.
DELBERT DEAN SPEAR, a 24-year-old resident of Crow Agency, appeared on a charge of assault with a dangerous weapon. He is currently detained. If convicted of this charge, SPEAR faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Marcia K. Hurd is the prosecutor for the United States. The investigation was a cooperative effort between the Bureau of Indian Affairs and the Federal Bureau of Investigation.
KERRY LYNN VAN HAELE, a 29-year-old resident of Billings, appeared on charges of conspiracy to possess with the intent to distribute methamphetamine and (2) counts of possession with the intent to distribute and distribution of methamphetamine. He is currently detained. If convicted of these charges, VAN HAELE faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $4,000,000 fine, and 8 years supervised release. Assistant U.S. Attorney Jessica T. Fehr is the prosecutor for the United States. The investigation was a cooperative effort between the Billings Big Sky Safe Streets Task Force, the Drug Enforcement Administration, and the U.S. Department of Homeland Security - Homeland Security Investigations.
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.
Dan James Nichols 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 January 17, 2013, before U.S. District Judge Dana L. Christensen, DAN JAMES NICHOLS, a 47-year-old resident of Belgrade, appeared for sentencing. NICHOLS was sentenced to a term of:
Prison: 48 months
Special Assessment: $100
Forfeiture: $288,000
Supervised Release: 3 years
NICHOLS was sentenced in connection with his guilty plea to conspiracy to maintain drug-involved premises.
In an Offer of Proof filed by Assistant U.S. Attorneys Joseph E. Thaggard, Paulette L. Stewart, and Jessica T. Fehr, the government stated it would have proved at trial the following:
Richard Flor, Sherry Flor, and Justin Flor manufactured marijuana at an annual outdoor grow operation maintained on the premises of the Flor residence in Miles City during a time period that included the years 2006 through 2010.
In early 2009, several individuals, including Thomas Daubert and Christopher Lindsey, decided to join the Flors in the manufacture and distribution of marijuana in Montana. Ultimately, commencing in approximately April 2009, those involved in the conspiracy grew marijuana at the Flor residence in Miles City and at least one location near Three Forks, as well as at a series of large greenhouses comprising the former State Nursery in Helena. Once manufactured, the marijuana was distributed from various points, including locations in Helena, Missoula, Billings, and the Flor residence in Miles City. The undertaking operated under the name "Montana Cannabis."
In approximately the summer of 2010, NICHOLS moved to the premises on which the State Nursery is located. Witnesses would have testified that NICHOLS assisted in the operation at the facility by, among other things, acting as an armed security guard for the undertaking.
In 2010, law enforcement began an investigation of the drug trafficking crimes and a cooperating witness would have testified that he/she assisted members of the conspiracy to manage money generated by the sale of the marijuana. Members of the conspiracy deposited money earned from the sale of marijuana manufactured during the conspiracy into bank accounts. The witness would have testified that, once in the bank accounts, the money was used to promote the conspiracy by providing compensation to the coconspirators or providing funds to finance the continued production and distribution of marijuana.
Bank records related to the conspiracy were examined and in excess of $1,000,000 was deposited in the various bank accounts employed to promote the conspiracy.
On March 14, 2011, law enforcement searched the Flor residence in Miles City and the greenhouses located in Helena, as well as locations in Billings, Helena, and Missoula from which marijuana was distributed.
Law enforcement seized approximately 950 marijuana plants from the greenhouses located at the former State Nursery in Helena. Agents encountered NICHOLS while searching the premises at the State Nursery. NICHOLS emerged from a camp trailer and was wearing an empty holster. Agents recovered firearms, including at least one pistol, from the camp trailer. Agents also seized other firearms from other locations on the premises of the State Nursery.
Law enforcement also seized marijuana ready for sale from distribution points maintained by the conspirators in Helena, Missoula, and Billings, as well as the Flor residence in Miles City. A number of firearms were also seized from the Flor residence in Miles City.
The conspiracy involved the manufacture of at least 1,000 marijuana plants and at least 100 kilograms of a substance containing a detectable amount of marijuana.
On August 12, 2011, Jefferson County Sheriff's Office deputies patrolled the grounds of "Rockin' The Rivers" concert in Jefferson County. They smelled marijuana and observed an apparent drug deal taking place among several males. They would have testified NICHOLS had two clear bags of a substance he was preparing to distribute to another male.
The deputies would have testified they approached NICHOLS, who they told to sit down. Instead, NICHOLS began throwing away plastic bags containing suspected marijuana, as well as a brown material. NICHOLS began to run away, refused to heed their directions to stop, and was ultimately subdued with the assistance of a bystander.
The plastic bags NICHOLS discarded were recovered and a forensic chemist for the Montana Division of Forensic Sciences would have testified the brown material contained 0.70 grams of a substance containing a detectable amount of opium, a Schedule II controlled substance.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that NICHOLS will likely serve all of the time imposed by the court. In the federal system, NICHOLS 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 following federal, state and local law enforcement agencies: the Drug Enforcement Administration, U.S. Immigration and Customs Enforcement's Homeland Security Investigations, Criminal Investigation Division of the Internal Revenue Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, the Environmental Protection Agency-Criminal Investigation Division, U.S. Customs and Border Protection-Border Patrol, and the Occupational Safety and Health Administration. These federal agencies were assisted by local High Intensity Drug Trafficking Area task forces, the Northwest Drug Task Force, the Kalispell Police Department, the Flathead County Sheriff's Office, the Missoula Police Department, the Missoula County Sheriff's Office, the Missoula High Intensity Drug Trafficking Area (HIDTA) Task Force, the Great Falls Police Department, the Cascade County Sheriff's Office, the Central Montana Drug Task Force, the Billings Police Department, the Yellowstone County Sheriff's Office, the Jefferson County Sheriff's Office, the Eastern Montana High Intensity Drug Trafficking Area (HIDTA) Task Force, the Dillon Police Department, the Beaverhead County Sheriff's Office, the Park County Sheriff's Office, the Bozeman Police Department, the Gallatin County Sheriff's Office, the Belgrade Police Department, the Missouri River Drug Task Force, the Helena Police Department, the Lewis & Clark Sheriff's Office, and the Eastern Montana Drug Task Force - Miles City.
Cenex Harvest States, Inc. 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 January 22, 2013, before U.S. District Judge Sam E. Haddon, Cenex Harvest States, Inc., (CHS Inc.) was fined $500,000 for failure to report a release of a hazardous substance. In addition, CHS will make a $50,000 payment to the Phillips County Rural
Fire Department as community service and pay a $400 special assessment.
In an Offer of Proof filed by Assistant U.S. Attorney Kris A. McLean, the government stated it would have proved at trial the following:
The Milk River Cooperatives' (MRC) facility at Malta is owned by CHS Inc. The MRC facility's primary business consisted of retail sales of feed and seed, fertilizers, pesticides, and herbicides to local farmers. During late 2009, the herbicides stored at the MRC facility included approximately 1,800 pounds of materials containing the chemical 2,4-D.
On November 21, 2009, at approximately 1:30 a.m., the MRC facility caught fire. The Phillips County Volunteer Fire Department Chief arrived on the scene at approximately 2:00 a.m. The Chief observed the MRC facility manager on sight moving equipment to safety. The MRC facility manager told the Chief that the building held a variety of different chemicals. The Chief told the MRC facility manager to place berms in the ditches to contain the flow of chemicals and to "get hold of a hazmat team." The Chief was concerned about the liquid chemicals all over the floor of the building. The MRC facility manager watched large barrels of the chemical 2,4-D go up in flames. The MRC facility manager asked the fire department to not spray water on the fire to prevent the spreading of the chemicals. The Chief left the fire scene at approximately 4:30 a.m. and observed that most of the chemicals located inside the building had burned or released to the air and ground.
The general manager for all MRC facilities arrived on the scene at approximately 3:30 a.m. Upon his arrival, the general manager took a CHS Inc. emergency response card out of his wallet and called CHS Inc.'s Environmental, Health and Safety Manager to notify him of the fire. The Environmental, Health and Safety Manager called the State of Montana Disaster and Emergency Planning Services (MDES) to report the fire at CHS Inc.'s Malta facility. The MDES planner that received the call understood that it was a warehouse fire and that chemicals such as glyphosate, 2,4-D and Round-up were contained in the warehouse. The MDES planner understood from CHS Inc.'s Environmental, Health and Safety Manager that the fire was small and of no significance. The MDES planner was not told that chemicals were released onto the ground or that the chemicals posed any risk. The MDES planner understood the fire was under control and contained in the facility. No one from CHS Inc. placed a call to the National Response Center or the EPA Emergency Response Center in Denver, Colorado.
The manager of CHS Inc.'s Big Sandy facility also served as the safety manager for its Malta facility. This CHS Inc. manager responded to the fire scene at approximately 7:00 a.m. on November 21. The manager provided an inventory of chemicals that had been stored at the Malta facility to the Malta Fire Department. The manager was very concerned about products containing 2,4-D being toxic and dangerous when consumed in a fire. The manager later stated that if the wind had been blowing west, towards Malta, they would have evacuated the town. Shortly after the fire, 14 calves downwind at a ranch east of Malta died of a lung ailment. A veterinarian stated that toxic smoke from the fire could not be ruled out as a cause of death. CHS Inc. paid the owners of the calves market value for the dead calves and also purchased approximately 473 head of cattle that had been exposed to smoke from the MRC facility fire.
Cleanup of the fire's aftermath included collection of 6,750 gallons of a water/chemical mixture waste created by fire suppression efforts. Impacted soils around the facility were excavated. Approximately 130 cubic yards of 2,4-D contaminated soil was collected and held for proper disposal.
Congress has passed many laws regulating companies to be good neighbors to the environment. There is an existing regulatory framework to protect the public health of Montana citizens and Montana businesses. In fact, most of the environmental laws, like the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), came into existence 30 or 40 years ago. Under CERCLA, CHS had the duty to immediately notify the National Response Center as soon as it had knowledge of an unpermitted release of hazardous substance, specifically the chemical 2,4-D. CHS failed its duty." said U.S. Attorney Michael W. Cotter. "The failure by any individual or corporation to properly report and handle a chemical spill will be investigated and prosecuted in the District of Montana. The U.S. Attorney's Office will continue to strive to protect Montanans' public health and safety and the environment for generations to come."
Complete, accurate and honest reporting is essential in order to protect the public when harmful toxins are released from facilities," said Jeffrey Martinez, Special Agent in Charge of EPA's criminal enforcement program in Montana. "Following a fire and release of hazardous substances, the defendant failed to notify the proper authority as required by law." "Today's sentence shows that this type of conduct will not be tolerated."
The investigation was conducted by the Environmental Protection Agency's Criminal Investigation Division.
Robert John and Rachael Marie Hanlon Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on January 17, 2013, before Chief U.S. District Judge Richard F. Cebull, ROBERT JOHN HANLON, age 40, and RACHAEL MARIE HANLON, age 24, residents of Roundup, appeared for sentencing.
ROBERT HANLON was sentenced to a term of:
Prison: 37 months
Special Assessment: $100
Supervised Release: 3 years
RACHEL HANLON was sentenced to a term of:
Probation: 5 years
Special Assessment: $100
They were sentenced in connection with their guilty pleas to conspiracy to maintain drug-involved premises.
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 2, 2011, the HANLONS operated a marijuana grow with 262 plants on their property in Musselshell County - some of the plants were inside the house, most of the plants were outside in various locations hidden in wooded areas. The HANLONS called law enforcement to their property claiming that they had shot an intruder who was bleeding on their bed inside the house. Both HANLONS admitted to possessing firearms recovered by law enforcement. They stated that RACHAEL did the shooting and ROBERT, a convicted felon, fixed the guns when they jammed and reloaded them for RACHAEL.
A Musselshell County Sheriff's deputy was first on the scene. He responded to a shooting call at the HANLON residence - initial call was 3 people in the house with guns. A second call was there was shooting at the residence and a subject was shot, lying in the bed bleeding. The deputy noted that both HANLONS appeared to be under the influence of some sort of narcotic due to their actions. No shooting victim was located. All shots fired appeared to come from inside the residence. The spent rounds were discharged through a window and outside the residence. The deputy observed several marijuana plants in the basement while clearing/checking the house while checking the immediate area surrounding the house. Other deputies located multiple marijuana grows in the wooded area around the residence. The HANLONS turned over 4 firearms to the deputies.
ROBERT advised the deputy that RACHAEL did all of the shooting and had difficulty with the firearms. When one would jam, ROBERT would take the firearm, clear it, load or reload the firearm, and give it back to RACHAEL.
RACHAEL told the deputy that once the subject was inside their bedroom room, RACHAEL fired one round from the 20 gauge shotgun and threw it down. RACHAEL and ROBERT then retreated into the master bathroom attached to the master bedroom. While in the bathroom, she continued to shoot at the subject on the bed. She used two different handguns shooting at the bed and out the window.
Law enforcement found the 262 marijuana plants in the house as well as in the wooded areas around the house. Dried marijuana was also found in the house and wooded areas.
During an interview with the law enforcement, ROBERT HANLON stated that the people were trying to break into their house, kill them, and take their (marijuana) grow.
The window and screen were still intact on the window that the HANLONS claimed someone came inside through. He noted that the window was approximately 8 feet from the ground on the main level of the house.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that they will likely serve all of the time imposed by the court. In the federal system, they do have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Musselshell County Sheriff's Office, the Valley County Sheriff's Office, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Criminal Investigation Division of the Internal Revenue Service.
Informational: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on January 17, 2013, before U.S. Magistrate Judge JEREMIAH C. LYNCH, the following individuals were arraigned:
ERIC DUFRESNE, a 39-year-old resident of Stevensville, appeared on a charge of possession of child pornography. If convicted of this charge, DUFRESNE faces possible penalties of 10 years in prison, 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 Internet Crimes Against Children (ICAC) Task Force, the Missoula County Sheriff's Office and the Montana Division of Criminal Investigation.
TERRANCE LAURENT TAYLOR, a 30-year-old resident of Alameda, California, appeared on a charge of tampering with a witness. He is currently released on special conditions. If convicted of this charge, TAYLOR faces possible penalties of 20 years in prison, a $250,000 fine, and 5 years supervised release. Assistant U.S. Attorney Cyndee L. Peterson is the prosecutor for the United States. The investigation was conducted by the United States Marshals Service.
JOSHUA EMIL RUNION, age 39, appeared on a charge of counterfeiting obligations or securities of the United States. He is currently detained. If convicted of this charge, RUNION faces possible penalties of 20 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Timothy J. Racicot is the prosecutor for the United States. The investigation was conducted by the U.S. Secret Service.
CURTIS KEITH TICHENOR, a 52-year-old resident of Helena, appeared on charges of robbery, being a felon-in-possession of a firearm, and possession with intent to distribute methamphetamine. He is currently detained. If convicted of these charges, TICHENOR faces possible penalties of 20 years in prison, a $250,000 fine, and 5 years supervised release. Assistant U.S. Attorney Timothy J. Racicot is the prosecutor for the United States. The investigation was a cooperative effort between the Federal Bureau of Investigation, the Missoula Police Department, and the High Intensity Drug Trafficking Area (HIDTA) Task Force.
THOMAS JOSEPH SPOTTED EAGLE, a 30-year-old resident of Ronan, appeared on charges of conspiracy to distribute marijuana and the use of a communications facility in furtherance of a drug-trafficking crime. He is currently released on special conditions. If convicted of these charges, SPOTTED EAGLE 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. Assistant U.S. Attorney Jessica T. Fehr is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation Task Force.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.