District of North Dakota
Press releases recorded for this federal judicial district.
U.S. Department of Justice’s Election Day ProgramRead the Press Release
BISMARCK: United States Attorney Christopher C. Myers announced today that Assistant United States Attorney (AUSA) Rick Volk will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 6, 2018, general election. AUSA Volk has been appointed to serve as the District Election Officer (DEO) for the District of North Dakota and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
United States Attorney Myers said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 6, 2018, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Myers stated that AUSA/DEO Volk will be on duty in this District while the polls are open. He can be reached by the public at the following telephone numbers 701-530-2420.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI Field Office can be reached by the public in North Dakota at 701-223-4875 or the FBI Field Office in Minneapolis, MN, at 763-569-8000.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC, by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] , or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
United States Attorney Myers said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”
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Department of Justice and Department of Interior Team up for Major Expansion of Tribal Access to National Crime Information DatabasesRead the Press Release
Turtle Mountain Band of Chippewa Indians of North Dakota to Participate in the TAP Program in District of North Dakota
WASHINGTON - U.S. Attorney Christopher C. Myers joined the Department of Justice and the Department of the Interior in announcing a dramatic expansion of the federal government’s key program that provides tribes with access to national crime information databases, the Justice Department’s Tribal Access Program for National Crime Information (TAP). The expansion includes Turtle Mountain Band of Chippewa Indians.
“This program will greatly enhance the access to information for law enforcement on Turtle Mountain and will help promote public safety in our tribal communities” said U.S. Attorney Myers.
By the end of 2019, the Justice Department will expand the number of TAP participating tribes by more than 50 percent—from 47 tribes to 72. The Department of the Interior (DOI) will fund the instillation of TAP Kiosks at three locations where the BIA-Office of Indian Services (BIA-OIS) deliver direct service social services by the end of 2019 and DOI aims to expand TAP access at all 28 BIA-Office of Justice Services (BIA-OJS) operated law enforcement agencies and detention service centers. These BIA locations will provide some degree of access to TAP for services delivered to more than 50 tribal communities that currently do not have any direct access.
“Access to information is vital to effective law enforcement,” said Trent Shores, U.S. Attorney for the Northern District of Oklahoma and the Chairman of the Attorney General’s Advisory Subcommittee on Native American Issues. “The Tribal Access Program will enhance and improve the ability of tribal law enforcement officers to serve their communities. The Native American Issues Subcommittee is proud to support the continued expansion of this tool throughout Indian Country.”
The Native American Issues Subcommittee (NAIS) is comprised of United States Attorneys with Indian Country in their federal districts. They advise the Attorney General regarding the development and implementation of policies pertaining to justice in Indian Country. The NAIS identified ‘increased law enforcement resources’ as one of four priority areas to improve justice services in Indian Country. Support for and increased dissemination of the TAP was unanimously supported by the US Attorneys at a recent NAIS meeting in Indian Country in Tulsa, Oklahoma.
TAP, offered in two versions, TAP-FULL and TAP-LIGHT, allows tribes to more effectively serve and protect their communities by fostering the exchange of critical data through several national databases through the FBI’s Criminal Justice Information Systems (CJIS) network, including the National Crime Information Center (NCIC), Next Generation Identification (NGI), National Data Exchange (N-DEx), National Instant Criminal Background Check System (NICS), Law Enforcement Enterprise Portal (LEEP) as well as other national systems such as the International Justice and Public Safety Network (Nlets). TAP enhances tribal efforts to register sex offenders pursuant to the Sex Offender Registration and Notification Act (SORNA); have orders of protection enforced nationwide; protect children; keep firearms away from persons who are disqualified from receiving them; improve the safety of public housing, and allow tribes to enter their arrests and convictions into national databases.
TAP-FULL consists of a kiosk workstation that provide access to national systems and is capable of processing finger and palm prints, as well as taking mugshots and submitting records to national databases. TAP-LIGHT is software for criminal agencies that include police departments, prosecutors, criminal courts, jails, and probation departments. Both versions provide federally recognized tribes the ability to access and exchange data with national crime information databases for both civil and criminal purpose. TAP is currently available to 47 tribes nationwide with over 220 tribal criminal justice and civil agencies participating.
For more information on TAP, including a list and map of present TAP-FULL and TAP-LIGHT tribes, visit www.justice.gov/tribal/tribal-access-program-tap
For more information about the Justice Department’s work on tribal justice and public safety issues, visit: www.justice.gov/tribal
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International Association of Chiefs of Police Recognizes North Dakota U.S. Attorney’s Office with Leadership AwardRead the Press Release
Fargo - U.S. Attorney Christopher C. Myers announced the United States Attorney’s Office for the District of North Dakota was awarded the “Leadership in the Prevention of Transnational Crime Award” from the International Association of Chiefs of Police (IACP).
Founded in 1893, IACP is a professional association for law enforcement worldwide, representing more than 30,000 members in more than 150 countries. IACP provides members with the opportunities to connect, participate, learn, advocate, and succeed. Throughout the past 100-plus years, IACP has launched historically acclaimed programs, conducted ground-breaking research, and provided exemplary programs and services across the globe. Professionally recognized programs such as the FBI Identification Division and the Uniform Crime Records system can trace their origins back to the IACP.
The award was presented at the IACP Annual Conference on October 9, 2018. U.S. Attorney Myers accepted the award on behalf of the U.S. Attorney’s Office. He also addressed the Transnational Crime Subcommittee meeting during the Conference. The conference was attended by over 18,000 law enforcement officials from all over the world.
U.S. Attorney Myers stated, “I am honored that our office has been recognized as a leader in battling transnational criminal organizations by such a prestigious international organization like IACP. The credit goes to the fantastic employees of the U.S. Attorney’s Office and the special team of agents and prosecutors that have spent the last 3 ½ years investigating and prosecuting ‘Operation Denial’”.
This leadership award resulted from the investigation and prosecution of “Operation Denial,” an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation into the international trafficking of fentanyl and other lethal drugs, and was significantly aided by the national and international coordination led by the multi-agency Special Operations Division (S.O.D.) near Washington D.C. as part of “Operation Deadly Merchant.” The investigation started in North Dakota on Jan. 3, 2015, with the overdose death in Grand Forks of 18-year-old Bailey Henke. To date, thirty-two (32) defendants have been charged as a result of the investigation
This case was investigated by U.S. Immigration and Customs Enforcement Homeland Security Investigations; U.S. Drug Enforcement Administration; U.S. Postal Inspection Service; Grand Forks Narcotics Task Force; Royal Canadian Mounted Police; Portland, Oregon, Police Bureau – Drugs and Vice Division; IRS-Criminal Investigations Division; Portland HIDTA Interdiction Task Force; Oregon State Police; and the Grand Forks Police Department. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations and those primarily responsible for the nation’s illegal drug supply.
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Statement of the U.S. Attorney’s Office and the Bureau of Indian Affairs Office of Justice Services on Actions Needed to Strengthen Rule of Law and Public Safety on the Fort Berthold ReservationRead the Press Release
FARGO – A number of concerns have recently been raised about public safety and criminal investigations on the Fort Berthold Reservation. In response to these concerns, Christopher Myers, U.S. Attorney for the District of North Dakota, and Charles Addington, Director of the Office of Justice Services at the Bureau of Indian Affairs, met in Fargo in September to discuss law enforcement resources and jurisdictional issues on the Fort Berthold Reservation. As a result of this meeting, the BIA is taking steps to enhance investigative resources and will soon increase its staffing levels from one to two investigators.
Both the BIA and Department of Justice are committed to doing their part to improve public safety and conduct effective criminal investigations on the Fort Berthold Reservation. This includes helping to drive down the high rate of violence against women and children and assisting in the active and ongoing investigation into a suspicious death case. However, the BIA and DOJ also recognize the necessary and vital role that tribal law enforcement must play in this process. To that end, the BIA is in communication with tribal law enforcement about how to improve the effectiveness of investigations on the Fort Berthold Reservation. In addition, DOJ is working with the FBI and the Department of the Interior to ensure the prompt provision of investigative resources for serious crimes such as domestic and sexual violence against women and children prevalent on North Dakota reservations.
The Departments of Justice and Interior are working together to deliver training to improve the quality of investigations and coordination among law enforcement agencies and jurisdictions in Indian Country. To provide quality training techniques to law enforcement responsible for conducting criminal investigations in Indian Country, the BIA and FBI have teamed up and developed a nine-day Indian Country Criminal Investigator Training Program. The training program is highly interactive and filled with hands-on labs specific to conducting criminal investigations in Indian Country. In addition, the Department of Justice is identifying training resources that can be brought to the field to improve the capacity of tribal and federal law enforcement to address the situation.
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Spirit Lake Man Sentenced to 60 years in Federal Prison for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily InjuryRead the Press Release
FARGO – United States Attorney Christopher C. Myers announced that on September 17, 2018, U.S. District Judge James M. Moody, Eastern District of Arkansas, sitting by designation, sentenced Dakota James Charboneau, age 24, Spirit Lake Indian Reservation, ND, on charges of Assault with a Dangerous Weapon; Assault Resulting in Serious Bodily Injury; and Use of a Gun During a Crime of Violence. Judge Moody sentenced Charboneau to serve 60 years in federal prison, to be followed by five years supervised release. Charboneau was further ordered to pay $800 in special assessments to the Crime Victims’ Fund and restitution to the victims for medical expenses.
On October 22, 2017, Dakota James Charboneau assaulted two men on the Spirit Lake Indian Reservation. Using the butt end of a gun, Charboneau inflicted serious bodily injury on the two men. Charges were filed against Charboneau for these assaults. Charboneau went into hiding with numerous family and friends to avoid apprehension by law enforcement.
On November 20, 2017, Charboneau assaulted his former girlfriend by shooting her in the face with a shotgun. As a result of the shooting, the young female victim lost her eye. On December 1, 2017, Charboneau was arrested following a high-speed chase through three North Dakota counties.
Charboneau was convicted on June 8, 2018, by a Fargo jury for the October assaults on the two men. On September 17, 2018, at a combined change of plea and sentencing hearing, Charboneau entered a plea of guilty for the November assault on the female shooting victim.
U.S. Attorney Myers stated, “The convictions and sentences in these cases illustrate the dedication and commitment by the agents and prosecutors to bring justice for those victims of violent crime in our tribal communities.”
This case was investigated by the Federal Bureau of Investigations and the Bureau of Indian Affairs.
Assistant United States Attorney Janice M. Morley prosecuted the case.
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North Dakota U.S. Attorney’s Office Continues Attack on Transnational Criminal Organizations in ‘Operation Hard Copy’Read the Press Release
Melinda Bulgin found Guilty on all Fifteen Counts of Transnational Crime including Fraud and Conspiracy to Commit International Money Laundering
BISMARCK – Melinda Bulgin, of Providence, Rhode Island, was found guilty on September 14, 2018, by a federal jury on all 15 counts of Conspiracy to Commit Wire Fraud or Mail Fraud, Wire Fraud, Mail Fraud, and Conspiracy to Commit International Money Laundering, in connection with her participation in a transnational criminal advance fee telemarketing (“lottery”) fraud.
The FBI led the investigation of Bulgin and others that resulted in the extradition of 14 Jamaican nationals and successful prosecution of 31 defendants in North Dakota. The FBI, United States Postal Inspection Service, Homeland Security Investigations, Customs and Border Protection, and a host of state and local authorities throughout the United States have assisted in the investigation, along with the Jamaican Constabulary Force (JCF), Major Organized Crime and Anti-Corruption Agency (MOCA), Jamaican Operations Linked to Telemarketing (JOLT) Task Force, and other U.S. and international authorities.
Bulgin was found guilty of conspiring with Sanjay Williams and others. A federal jury in North Dakota found Williams guilty of similar charges in 2015. Williams was sentenced to serve 20 years imprisonment following his conviction. He was the first Jamaican national tried and convicted in the United States for selling lead lists for use in international cyber-fraud schemes. Lead lists or “client” lists consist of the names, telephone numbers, and personal information of potential victims. Such lists are compiled by brokers and sold to scammers. Lead lists are created by wholesalers who send out bogus mass mailings, purporting to be sweepstakes entries. Consumers, thinking the mailings are legitimate, pay to enter the non-existent sweepstakes. The list wholesalers pocket the entry fee and then sell the prospective victims’ contact information to scammers for as much as $10 per name. These scammers target victims over the age of 55 and would sometimes threaten the safety of the victims and their families.
Over 100 known victims of the conspiracy were personally identified, with reported losses totaling over $6 million. The FBI identified and interviewed known victims of the conspiracy in 31 states and 97 cities across the United States. Thousands more victims were located, whose losses were not personally identified. Individual victims lost as little as $199 and as much as $850,000. Nationwide, the number of victims targeted by scammers is likely in the millions, with estimates of annual losses in excess of $1 billion.
"Melinda Bulgin and her coconspirators deliberately targeted senior citizens as part of a lottery fraud scheme that affected dozens of victims, some of whom lost their life savings, life insurance, and even their homes," said Assistant Attorney General Benczkowski. "The conviction in this case is the result of the hard work and determination of our domestic and foreign law enforcement partners, along with the prosecutors in the District of North Dakota and Criminal Division—and it demonstrates our firm commitment to stopping those who exploit senior citizens and other vulnerable populations."
“This case involves a unique kind of victimization. It is an assault of the victims’ trust and dreams, in addition to their pocket books. Victims are targeted because their age or personal circumstances make them particularly vulnerable. The resulting harm is financial, psychological, and physical. Until recently, these scammers operated with impunity. What is amazing about this case is what an impact such a small team of investigators and prosecutors from North Dakota has had on this criminal organization,” said U.S. Attorney Myers. “They have poured their heart and soul into this case for over six years.”
The investigation was begun and led by Special Agent Frank Gasper of the North Dakota office of the Federal Bureau of Investigation (FBI) and the United States Postal Inspection Service (USPIS) in Florida, with assistance from many other federal and state law enforcement agencies, as well as Jamaican law enforcement agencies.
The case was prosecuted by Assistant U.S. Attorneys Clare Hochhalter, James Patrick Thomas, Nicholas Chase, Jonathan O’Konek, and Department of Justice Trial Attorney Leila Babaeva.
Sentencing for Bulgin has been set for December 17, 2018.
The U.S. Attorney’s Office in North Dakota continues to be a leader in the battle against transnational organized crime and will be recognized by the International Association of Chiefs of Police in October. https://www.justice.gov/usao-nd/pr/north-dakota-us-attorney-s-office-receives-international-leadership-award
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Fargo Man Sentenced to 15 years in Federal Prison for Possession of Child PornographyRead the Press Release
FARGO – United States Attorney Christopher C. Myers announced that on September 10, 2018, Roberto A. Lang, United States District Judge, South Dakota, sitting by designation, sentenced Damian Scott Olvera, age 26, Fargo, ND, on charges of Possession of Materials Containing Child Pornography and Receipt of Materials Containing Child Pornography. Judge Lang sentenced Olvera to serve 15 years in federal prison, to be followed by 15 years supervised release. Olvera was further ordered to pay $200 in special assessments to the Crime Victims’ Fund.
This investigation came to the attention of law enforcement after it received a tip that Olvera had uploaded images to his Gmail account that revealed he was victimizing a minor female. Investigators seized Olvera’s Gmail account and a search of the account resulted in the seizure of multiple files depicting the sexual exploitation of children. Olvera admitted to receiving and possessing child pornography when interviewed by law enforcement.
This case was investigated by the Fargo Police Department, Bureau of Criminal Investigation, and Homeland Security Investigations.
Assistant United States Attorney Jennifer Puhl prosecuted the case.
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FBI Recovers Stolen Ruby Slippers from the Wizard of OzRead the Press Release
FBI Seeking Information of Those Associated with Theft of Stolen Treasure
(Minneapolis) – Jill Sanborn, Special Agent in Charge of the Minneapolis Division of the FBI, and Christopher Myers, United States Attorney for the District of North Dakota, announced today that a pair of ruby slippers featured in the classic 1939 film The Wizard of Oz and stolen from the Judy Garland Museum in Grand Rapids, Minnesota in 2005, was seized in a sting operation conducted in Minneapolis earlier this summer.
While the FBI has identified suspects and has executed multiple search warrants in Minnesota and Florida in connection with the investigation, investigators are seeking the public’s help to identify all parties associated with the initial theft and the more recent scheme to defraud and extort the Markel Corporation, the owner of the slippers.
The ruby slippers are one of several pairs used in the production of the movie classic. Only four pairs of the shoes used in the film are known to remain and are widely viewed as among the most recognizable memorabilia in American film history. Current estimates value the slippers in the millions of dollars should they be sold at auction.
The recovered slippers, known as the "traveling pair," were stolen from the Judy Garland Museum in the overnight hours of August 27-28, 2005. Despite an investigation by local authorities, which included countless interviews, numerous theories, and even searches of abandoned iron ore pits, the slippers were never located and no arrests were made. The investigation remained a priority for the Grand Rapids Police Department, who requested FBI assistance in 2017 when the extortion plot against the Markel Corporation surfaced. Agents from the Minneapolis Division worked closely with the FBI’s Art Crime Team throughout the investigation, which is ongoing.
After the recovery in July, the FBI transported the slippers to the Smithsonian’s National Museum of American History in Washington, D.C., where conservators were able to conduct an in-depth examination and analysis, including evidence of wear and details unique to their use in the 1939 film. Examination of the recovered shoes showed that their construction, materials, and wear are consistent with the pair in the museum’s collection, which were donated to the museum by an anonymous donor in 1979.
"At the heart of nearly every art crime, we see greed woven into the fabric of the scheme—greed to take it, and greed to profit from its return," said Sanborn. "Dorothy’s slippers are a treasured piece of Americana, and we are hoping members of the public can help us better fill in the details that will finish the script of this mystery so we can hold accountable all those who were behind the scheme."
"When the slippers were snatched in the early morning burglary, the thieves not only took the slippers, they took a piece of history that will be forever connected to Grand Rapids and one of our city’s most famous children," said Grand Rapids Police Chief Scott Johnson. "We were confident this day would eventually come, and we are grateful to the FBI and all those who worked to bring this piece of cinematic treasure out of the shadows and into the light. After all," he said, quoting a famous line from The Wizard of Oz, ‘There’s no place like home.’"
U.S. Attorney Chris Myers added, "Thanks to the great work of the FBI and their local law enforcement partners, they have successfully preserved an iconic symbol of one of America’s greatest and best-loved movies. We will follow the evidence along the investigative road to ensure justice is done in this case."
This matter has been assigned to the United States Attorney’s Office for North Dakota pursuant to 28 U.S.C. § 515(a).
Anyone with information surrounding the theft or the extortion plot is encouraged to contact the FBI at 1-800-CALL-FBI (225-5324) or submit information via the FBI’s website at tips.fbi.gov. Tips can be anonymous.
Sanborn and Myers acknowledged the support of the FBI Criminal Investigative Division’s Art Crime Team; the Grand Rapids Police Department; FBI offices in Chicago, Atlanta, and Miami; the Smithsonian’s National Museum of American History; and the Markel Corporation.
Originating Press Release Contact:
FBI Office of Public Affairs
Michael Kulstad (763) 569-8095
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North Dakota U.S. Attorney’s Office Receives International Leadership AwardRead the Press Release
Fargo - U.S. Attorney Christopher C. Myers announced the United States Attorney’s Office for the District of North Dakota was awarded the “Leadership in Transnational Crime Award” from the International Association of Chiefs of Police (IACP).
Founded in 1893, IACP is a professional association for law enforcement worldwide, representing more than 30,000 members in more than 150 countries. IACP provides members with the opportunities to connect, participate, learn, advocate, and succeed. Throughout the past 100-plus years, IACP has launched historically acclaimed programs, conducted ground-breaking research, and provided exemplary programs and services across the globe. Professionally recognized programs such as the FBI Identification Division and the Uniform Crime Records system can trace their origins back to the IACP.
The award will be presented at the IACP Annual Conference in October. U.S. Attorney Myers will be accepting the award on behalf of the U.S. Attorney’s Office and will be addressing the Transnational Crime Subcommittee meeting during the conference.
U.S. Attorney Myers stated, “I am honored that our office has been recognized as a leader in battling transnational criminal organizations by such a prestigious international organization like IACP. The credit goes to the fantastic employees of the U.S. Attorney’s Office and the special team of agents and prosecutors that have spent the last 3 ½ years investigating and prosecuting ‘Operation Denial’”.
This leadership award resulted from the investigation and prosecution of “Operation Denial,” an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation into the international trafficking of fentanyl and other lethal drugs, and was significantly aided by the national and international coordination led by the multi-agency Special Operations Division (S.O.D.) near Washington D.C. as part of “Operation Deadly Merchant.” The investigation started in North Dakota on Jan. 3, 2015, with the overdose death in Grand Forks of 18-year-old Bailey Henke. To date, thirty-two (32) defendants have been charged as a result of the investigation
This case was investigated by U.S. Immigration and Customs Enforcement Homeland Security Investigations; U.S. Drug Enforcement Administration; U.S. Postal Inspection Service; Grand Forks Narcotics Task Force; Royal Canadian Mounted Police; Portland, Oregon, Police Bureau – Drugs and Vice Division; IRS-Criminal Investigations Division; Portland HIDTA Interdiction Task Force; Oregon State Police; and the Grand Forks Police Department. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations and those primarily responsible for the nation’s illegal drug supply.
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Justice Department, DEA Propose Significant Opioid Manufacturing Reduction in 2019Read the Press Release
FARGO – The Department of Justice and U.S. Drug Enforcement Administration (DEA) have proposed a reduction for controlled substances that may be manufactured in the U.S. next year. Consistent with President Trump’s "Safe Prescribing Plan" that seeks to "cut nationwide opioid prescription fills by one-third within three years," the proposal decreases manufacturing quotas for the most six frequently misused opioids for 2019 by an average ten percent as compared to the 2018 amount. The Notice of Proposed Rulemaking (NPRM) marks the third straight year of proposed reductions, which help reduce the amount of drugs potentially diverted for trafficking and used to facilitate addiction.
On July 11, 2018, the Justice Department announced that DEA was issuing a final rule amending its regulations to improve the agency’s ability consider the likelihood of whether a drug can be diverted for abuse when it sets annual opioid production limits. The final rule also promotes greater involvement from state attorneys general, and today’s proposed reduction will be sent to those offices.
In setting the aggregate production quote (APQ), DEA considers data from many sources, including estimates of the legitimate medical need from the Food and Drug Administration; estimates of retail consumption based on prescriptions dispensed; manufacturers’ disposition history and forecasts; data from DEA’s own internal system for tracking controlled substance transactions; and past quota histories.
The DEA has proposed to reduce more commonly prescribed schedule II opioids, including oxycodone, hydrocodone, oxymorphone, hydromorphone, morphine, and fentanyl:
Ultimately, revised limits will encourage vigilance on the part of opioid manufacturers, help DEA respond to the changing drug threat environment, and protect the American people from potential addictive drugs while ensuring that the country has enough opioids for legitimate medical, scientific, research, and industrial needs.
"The opioid epidemic that we are facing today is the worst drug crisis in American history," Attorney General Jeff Sessions said. "President Trump has set the ambitious goal of reducing opioid prescription rates by one-third in three years. We embrace that goal and are resolutely committed to reaching it. According to the National Prescription Audit, we have already made significant progress in reducing prescription rates over the past year. Cutting opioid production quotas by an average of ten percent next year will help us continue that progress and make it harder to divert these drugs for abuse. The American people can be confident that federal law enforcement and the Trump administration are taking action to protect them from dangerous drugs. These smarter limits bring us one big step closer to President Trump's goal of finally ending this unprecedented crisis. I congratulate Acting Administrator Uttam Dhillon and his team for taking action."
"We’ve lost too many lives to the opioid epidemic and families and communities suffer tragic consequences every day," said DEA Acting Administrator Uttam Dhillon. "This significant drop in prescriptions by doctors and DEA’s production quota adjustment will continue to reduce the amount of drugs available for illicit diversion and abuse while ensuring that patients will continue to have access to proper medicine."
U.S. Attorney Chris Myers added "In North Dakota we fully embrace the global approach to reduce the availability of opioids. This fits squarely with the local efforts of the Mayor’s Blue Ribbon Commission and the multi-faceted approach by our partners to fight this battle state-wide. Only by working together and using every available tool will we reduce deaths and prevent the cycle of addiction from starting."
Once the aggregate quota is set, DEA allocates individual manufacturing and procurement quotas to those manufacturers that apply for them. DEA may revise a company’s quota at any time during the year if change is warranted due to increased or decreased sales or exports, new manufacturers entering the market, new product development, or product recalls.
When Congress passed the Controlled Substances Act, the quota system was intended to reduce or eliminate diversion from "legitimate channels of trade" by controlling the quantities of the basic ingredients needed for the manufacture of controlled substances.
The Proposed Aggregate Production Quotas for schedule I and II controlled substances published in the Federal Register reflects the total amount of controlled substances necessary to meet the country’s medical, scientific, research, industrial, and export needs for the year and for the establishment and maintenance of reserve stocks. DEA establishes an APQ for more than 250 schedule I and II controlled substances annually.
In 2016, the Centers for Disease Control and Prevention issued guidelines to practitioners recommending a reduction in the prescribing of opioid medications for chronic pain. DEA and its federal partners have increased efforts in the last several years to educate practitioners, pharmacists, manufacturers, distributors, and the public about the dangers associated with the misuse of opioid medications and the importance of proper prescribing.
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Sutton, ND Man Sentenced on Multiple Offenses Involving the Production of Child PornographyRead the Press Release
Fargo – United States Attorney Christopher C. Myers announced that on July 19, 2018, Chief United States District Court Judge Daniel L. Hovland sentenced Brent Daigle, age 39, Sutton, ND, to serve 70 years in prison, followed by lifetime supervised release for three counts of Sexual Exploitation of Minors and one count of Possession of Materials Involving the Sexual Exploitation of Minors. Daigle was further ordered to pay $400 in special assessments to the Crime Victims’ Fund.
This case came to the attention of law enforcement after a 12-year-old girl reported that Daigle had repeatedly sexually abused her, including video recording such abuse. In the meantime, Daigle fled to Louisiana where he was arrested on state charges involving sexual abuse of the victim. A search of his person revealed a cell phone which contained videos depicting his sexual abuse of the victim.
This case was investigated by the Griggs County Sheriff’s Office; ND Bureau of Investigation; and Homeland Security Investigations.
Assistant United States Attorney Jennifer Puhl prosecuted the case.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by U.S. Attorneys’ Offices throughout the nation, Project Safe Childhood, in conjunction with Internet Crimes Against Children Task Force (ICAC), help federal, state, and local law enforcement agencies enhance their investigative responses to offenders who use the Internet, online communications systems, or computer technology to sexually exploit children. The ICAC Program is a national network of 61 coordinated task forces engaging in proactive investigations, forensic investigations, and criminal prosecutions. Project Safe Childhood also helps to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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North Dakota Investigation Receives DEA Administrator’s AwardRead the Press Release
FARGO - U.S. Attorney Christopher C. Myers announced that on July 18, 2018, Acting DEA Administrator Uttam Dhillon recognized a team of investigators and prosecutors with the "Administrator’s Award for Outstanding Group Achievement" at a ceremony in Washington, D.C. today for their teamwork in investigating a trans-national opiate trafficking organization. This is the first time an investigation in North Dakota has received this prestigious honor.
This case came to the attention of law enforcement as part of "Operation Denial," an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation into the international trafficking of fentanyl and other lethal drugs, and was significantly aided by the national and international coordination led by the multi-agency Special Operations Division (S.O.D.) near Washington D.C. as part of "Operation Deadly Merchant." The investigation started in North Dakota on January 3, 2015, with the overdose death in
Grand Forks of 18-year-old Bailey Henke. To date, thirty-two (32) defendants have been charged as a result of the investigation.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; U.S. Drug Enforcement Administration; U.S. Postal Inspection Service; Grand Forks Narcotics Task Force; Royal Canadian Mounted Police; Portland, Oregon, Police Bureau – Drugs and Vice Division; IRS-Criminal Investigations Division; Portland HIDTA Interdiction Task Force; Oregon State Police and the Grand Forks Police Department. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations and those primarily responsible for the nation’s illegal drug supply.
U.S. Attorney Christopher C. Myers, Assistant U.S. Attorney Scott Kerin for the District of Oregon, and Trial Attorney Adrienne Rose of the Criminal Division’s Narcotic & Dangerous Drug Section are prosecuting the cases.
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Colorado Woman Sentenced for Civil Disorder During the Dakota Access Pipeline (DAPL) Project ProtestRead the Press Release
BISMARCK – United States Attorney Christopher C. Myers announced that on July 11, 2018, Chief United States District Judge Daniel L. Hovland sentenced Redfawn Fallis, age 39, of Colorado, on charges of Civil Disorder and Possession of a Firearm and Ammunition by a Convicted Felon during the DAPL protest in October 2016. Judge Hovland sentenced Fallis to serve 4 years and 9 months in federal prison, to be followed by 3 years of supervised release, and was further ordered to pay a $200.00 special assessment.
On October 27, 2016, law enforcement officers began an effort to remove individuals protesting the DAPL project at a location where protesters had erected an illegal roadblock on Highway 1806, south of Mandan, ND, and who were criminally trespassing on private property. Law enforcement officers gave advisements over a loudspeaker system asking people to voluntarily leave the roadway and to travel back to the established protest camps. Law enforcement officers assisting with moving protesters identified Red Fawn Fallis as an instigator who was acting disorderly. Fallis was wearing a gas mask, screaming at officers and failing to move back when ordered to do so. Officers approached Fallis and during a struggle, took her to the ground and attempted to handcuff her. Fallis resisted officers as they tried to gain control of her hands; however, Fallis kept her left arm tucked under her body. One of the officers briefly stopped pulling on Fallis’ left arm, which he was attempting to release from under her body in order to make it easier for another officer to place her right hand into a flex handcuff. As the officer released Fallis’ left arm, Fallis fired three gunshots in a quick succession. The officer saw a revolver underneath Fallis’ stomach as she turned slightly on her left side. He yelled “gun” and grabbed onto it as she brought it back underneath her stomach. The officer struggled with Fallis for control of the firearm, and was eventually able to gain control of the weapon. The firearm was a Ruger .38 Special revolver. A search of her person resulted in the recovery of multiple rounds of .38 caliber ammunition in her jacket pocket.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATFE); North Dakota Highway Patrol; Pennington County Sheriff’s Department, Rapid City, SD; and the Morton County Sheriff’s Office.
This case was prosecuted by Assistant U.S. Attorneys David Hagler and Gary Delorme.
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Solen, ND Man Sentenced to 19 years for Aggravated Sexual Assault by Use of ForceRead the Press Release
BISMARCK – United States Attorney Christopher C. Myers announced that on June 11, 2018, Chief United States District Judge Daniel L. Hovland sentenced Clifford See Walker, age 27, Solen, ND, on charges of Aggravated Sexual Assault by Use of Force. Judge Hovland sentenced See Walker to serve 19 years, 7 months in federal prison, with time served; 15 years supervised release; and $100 special Assessment.
On April 25, 2017, See Walker entered the victim’s residence in Ft. Yates, ND, made his way to the lower level of the residence where the victim was sleeping, and forcefully held her down while he sexually assaulted her. The victim was able to eventually escape and call police. See Walker ran from the residence and was later arrested by Bureau of Indian Affairs Police Officers. Upon being interviewed, See Walker admitted that he entered the residence and sexually assaulted the victim. See Walker, who has numerous prior convictions involving burglaries and assaults, was released from prison just nine days prior to committing this crime.
This case was investigated by the following investigating agencies: Bureau of Indian Affairs, Federal Bureau of Investigations, and the North Dakota Crime Lab.
Assistant United States Attorney Gary L. Delorme and Brandi Russell prosecuted the case.
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Williston Man Sentenced to 20 years for Possession of Child PornographyRead the Press Release
BISMARCK – United States Attorney Christopher C. Myers announced that on June 11, 2018, Chief United States District Judge Daniel L. Hovland sentenced Jess Harlan Mallo, age 44, Williston, ND, on charges of Possession of Materials Depicting the Sexual Exploitation of Children. Judge Hovland sentenced Mallo to serve 20 years in federal prison, to be followed by 10 years supervised release.
This investigation was initiated when law enforcement received a tip that Mallo had uploaded images to his Gmail account that suggested he may have been victimizing a minor female. Investigators seized the Gmail account images and conducted a search of Mallo’s residence that resulted in the seizure of several electronic devices belonging to Mallo, which were found to contain images depicting the sexual exploitation of children. Mallo admitted to possessing child pornography on his devices when interviewed by law enforcement. Mallo has one prior conviction in 2005 involving the sexual molestation of two minor females in the State of Minnesota.
This case was investigated by the Williston Police Department, Bureau of Criminal Investigation, and Homeland Security Investigations.
Assistant United States Attorney Gary L. Delorme prosecuted the case.
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Longview, WA, Man Sentenced to 7 years for Attempted Unlawful Sexual Acts with a MinorRead the Press Release
BISMARCK – United States Attorney Christopher C. Myers announced that on June 11, 2018, Chief United States District Judge Daniel L. Hovland sentenced Timothy Joshua Adam Carnahan, age 24, Longview, WA, on charges of Attempted Transportation to Engage in Unlawful Sexual Acts with a Minor. Judge Hovland sentenced Carnahan to serve 7 years and 6 months in federal prison, to be followed by 10 years supervised release.
This investigation was initiated by law enforcement when Carnahan responded to an ad on Craigslist that advertised the availability of a young female as an escort. Unbeknownst to Carnahan, the ad was placed online by an officer with the Bismarck Police Department acting in an undercover capacity as a 17-year-old female. Carnahan arranged to pick up the minor female at a local shopping center and take her to his residence to engage in sexual acts. Upon arrival at the shopping center, Carnahan was arrested. He was interviewed by law enforcement authorities and admitted his intent to engage in sexual acts with a minor. Carnahan has a prior sexual assault conviction from 2012 in Washington State.
This case was investigated by the Bismarck Police Department, Bureau of Criminal Investigation, and Homeland Security Investigations.
Assistant United States Attorney Gary L. Delorme prosecuted the case.
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New Town Man Indicted for MurderRead the Press Release
BISMARCK – United States Attorney Christopher C. Myers announced that Donovan Lawrence Duchaine, age 26, from New Town, ND, was charged by an Indictment returned on June 6, 2018, for Murder and Assault with a Dangerous Weapon.
The Indictment alleges that on May 25, 2018, Duchaine, an enrolled member of the Three Affiliated Tribes, killed David Rios, age 29, also from New Town, ND, by stabbing him with a knife outside a residence in New Town, ND. Duchaine’s Initial Appearance and Arraignment was before Magistrate Judge Charles Miller, at 4:00 p.m., May 25, 2018. On June 1, 2018, the defendant waived his Detention Hearing and Judge Miller detained him pending trial.
The Indictment in this case is not evidence of guilt. The defendant is presumed innocent unless or until proven guilty beyond a reasonable doubt at trial.
This case was investigated by the Federal Bureau of Investigation; the Three Affiliated Tribes Police Department; and the Ward County Sheriff’s Department.
This case is being prosecuted by Assistant U.S. Attorney Jonathan J. O’Konek.
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New Mexico Man Sentenced for Civil Disorder During the Dakota Access Pipeline (DAPL) Project ProtestRead the Press Release
BISMARCK – United States Attorney Christopher C. Myers announced that on May 30, 2018, Chief United States District Judge Daniel L. Hovland sentenced Michael Arthur Giron, a/k/a Little Feather, age 45, of New Mexico, on charges of Civil Disorder during the DAPL protest in October 2016. Judge Hovland sentenced Giron to serve 3 years in federal prison, to be followed by 3 years of supervised release, and was further ordered to pay a $100 special assessment.
On October 27, 2016, law enforcement officials began an effort to remove individuals protesting the DAPL project at a location where protesters had erected an illegal roadblock on Highway 1806, south of Mandan, ND, and who were criminally trespassing on private property. Law enforcement gave advisements over a loudspeaker system asking people to voluntarily leave the roadway and to travel back to the protest camps. Some individuals at this location ignored the orders of law enforcement, and placed barricades on the roadway and set them on fire. Several clashes broke out between law enforcement and the protesters. One of the clashes occurred at a makeshift barricade built by the protesters that blocked Highway 1806. Michael Giron aided the civil disorder by adding materials to the barricade across Highway 1806 and was observed pouring what appeared to be Coleman camping fuel on a fire in the area of straw bales. This was done in an effort to obstruct and impede law enforcement’s movement.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATFE); North Dakota Highway Patrol; North Dakota Bureau of Criminal Investigations (BCI); North Dakota State and Local Intelligence Center (NDSLIC); and the Morton County Sheriff’s Office.
This case was prosecuted by Assistant U.S. Attorney David Hagler.
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Milwaukee, WI, Man Found Guilty for His Role in Drug Conspiracy Resulting in Death and Serious Bodily InjuryRead the Press Release
FARGO – United States Attorney Christopher C. Myers announces that on May 14, 2018, JOVAN MARQUIS HARRIS, age 28, of Milwaukee, WI, was found guilty of: Conspiracy to Possess with Intent to Distribute and Distribute a Controlled Substance Resulting in Death and Serious Bodily Injury; three counts of Distribution of a Controlled Substance Resulting in Death or Serious Bodily Injury; and two counts of Distribution of a Controlled Substance, by a jury following six days of trial.
Law enforcement’s investigation into a spike in the heroin overdose deaths of individuals in the Fargo-Moorhead area between September 2015 and April 2016 resulted in the indictment of Harris for the overdose death of one person in Moorhead on September 1, 2015, and the non-fatal overdoses of two individuals in Fargo on August 27 and September 1, 2015. Harris also sold heroin on two occasions in March 2016 to a confidential informant in Fargo. The heroin he was distributing was brought to the Fargo-Moorhead area from Milwaukee, WI.
Sentencing has not yet been scheduled.
This case was investigated by the Drug Enforcement Administration, Moorhead Police Department, Cass County Drug Task Force, Cass County Sheriff’s Office, and North Dakota Bureau of Criminal Investigation, with assistance from Cass County State’s Attorney, North Dakota Crime Lab, Minnesota BCA Crime Lab, and Ramsey County (MN) Medical Examiner.
This case was prosecuted by Assistant U.S. Attorney Brett Shasky and Assistant U.S. Attorney Jake Rodenbiker.
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Florida Man Pleads Guilty to Drug Charges as a Result of “Operation Denial”Read the Press Release
FARGO - U. S. Attorney Christopher C. Myers announced that on May 14, 2018, Anthony Santos Gomes, a/k/a Ant, originally from Rhode Island, entered a plea of guilty before U. S. District Chief Judge Brian S. Miller, Eastern District of Arkansas, to Count One of a Superseding Indictment returned on January 18, 2018, which charged Conspiracy to Possess with Intent to Distribute and Distribute Controlled Substances and Controlled Substance Analogues Resulting in Serious Bodily Injury and Death. The Defendant also entered a plea of guilty to Money Laundering Conspiracy. In addition to pleading guilty, Gomes agreed to forfeit the following property as a part of the plea agreement: a residence located in Davie, Florida; $162,836.00 in cash; 2007 Maserati Quattroporte; 2017 Polaris Sportsman XP ATV; and assorted Jewelry valued at $64,725.00.
This case came to the attention of law enforcement as part of "Operation Denial," an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation into the international trafficking of fentanyl and other lethal drugs, and was significantly aided by the national and international coordination led by the multi-agency Special Operations Division (S.O.D.) near Washington D.C. as part of "Operation Deadly Merchant." The investigation started in North Dakota on Jan. 3, 2015, with the overdose death in Grand Forks of 18-year-old Bailey Henke.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; U.S. Drug Enforcement Administration; U.S. Postal Inspection Service; Grand Forks Narcotics Task Force; Royal Canadian Mounted Police; Portland, Oregon, Police Bureau – Drugs and Vice Division; Portland HIDTA Interdiction Task Force; Oregon State Police and the Grand Forks Police Department. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations and those primarily responsible for the nation’s illegal drug supply.
U.S. Attorney Christopher C. Myers, Assistant U.S. Attorney Scott Kerin for the District of Oregon and Trial Attorney Adrienne Rose of the Criminal Division’s Narcotic & Dangerous Drug Section are prosecuting the cases.
Sentencing of Mr. Gomes has been set for August 6, 2018.
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Fargo Man Sentenced to Twelve Months in Federal Prison for Threatening a United States SenatorRead the Press Release
FARGO - First Assistant U.S. Attorney Keith Reisenauer announced that on May 14, 2018, US District Chief Judge Brian S. Miller, Eastern District of Arkansas, sentenced Kevin Lee Olson, age 57, Fargo, ND to 12 months and one day in a federal prison, to be followed by two years supervised release for Threatening Interstate Communications by knowingly transmitting an e-mail, for the purpose of issuing a threat to injure another person, and with knowledge that the communication would be viewed by another person as a threat. Immediately after the sentencing hearing, Olson was remanded to federal prison and further ordered to pay $100 in special assessments to the Crime Victims’ Fund.
On December 22, 2016, Olson sent an e-mail to United States Senator Heidi Heitkamp, Washington, District of Columbia, which stated: "It’s (sic) seems the only consideration one gets these days is when one becomes a criminal. I guess I should find you, you bitch, and shoot you in your red head!"
This case was investigated by US Border Patrol; US Capitol Police; Federal Bureau of Investigation; and Fargo Police Department.
Assistant United States Attorney Nicholas Chase and AUSA Janice Morley prosecuted the case.
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Four Additional Chinese Nationals and Six Additional U.S. Residents Indicted in North Dakota in International Drug and Money Laundering Conspiracy Involving OpioidsRead the Press Release
Na Chu, 37; Yeyou Chu, 36; Cuiying Liu, 62; and Keping Zhang, 62, all Chinese nationals, were charged by a superseding indictment returned on Jan. 18, with international money laundering conspiracy, Attorney General Jeff Sessions, U.S. Attorney Christopher C. Myers for the District of North Dakota and Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division announced today.
The charges come as part of “Operation Denial,” an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation into the international trafficking of fentanyl and other lethal drugs, and was significantly aided by the national and international coordination led by the multi-agency Special Operations Division (S.O.D.) near Washington D.C. as part of “Operation Deadly Merchant.” The investigation started in North Dakota on Jan. 3, 2015, with the overdose death in Grand Forks of 18-year-old Bailey Henke.
“Fentanyl and its analogues killed more Americans than any other drug in 2016, and the vast majority of it comes from China,” said Attorney General Sessions. “The defendants in this case allegedly trafficked fentanyl from China to 11 states from coast to coast. As a result, Americans died in at least three states. I want to thank the U.S. Attorney’s Offices in North Dakota and Oregon, the Criminal Division’s Narcotic and Dangerous Drug Section, DEA, HSI, the North Dakota Bureau of Criminal Investigations, the Royal Canadian Mounted Police, and dozens more law enforcement officers across the United States and Canada who helped make these indictments possible. Today’s indictments are a step toward dismantling an alleged international fentanyl trafficking operation and eventually ending this nation’s unprecedented drug crisis.”
Additional defendants previously charged in this superseding indictment with drug trafficking conspiracy include Jian Zhang, aka Hong Kong Zaron, 39, of China; Jason Joey Berry, aka Daniel Desnoyers, 35, of Quebec, Canada; Anthony Santos Gomes, aka Ant, 33, of Davie, Florida; Elizabeth Ton, aka Lisa Gomes, 26, of Davie, Florida; Xuan Cahn Nguyen, aka Jackie and Jackie Chan 38, of Quebec Canada; Marie Um, aka Angry Bird, 37, of Quebec, Canada; Vannek Um, 40, of Quebec, Canada; and Linda Van, 25, of Quebec, Canada.
In a separate indictment returned on March 22, Steven Barros Pinto, aka Yeaboy, 36, of Pawtucket, Rhode Island, was charged with conspiracy to possess with intent to distribute and distribute controlled substances and controlled substance analogues resulting in serious bodily injury and death, conspiracy to import controlled substances and controlled substance analogues into the United States resulting in serious bodily injury and death, continuing criminal enterprise, and a forfeiture allegation.
Additional defendants charged in this indictment with drug trafficking conspiracy include: Louis Felix Bell, 30, of West Palm Beach, Florida; Amanda Renee Schneider, 27, of West Palm Beach; Danny Silva Gamboa, 21, of Pawtucket, Rhode Island; Robinson Andres Gomez, aka Rob, 25, of Pineville, North Carolina; and Keveen Odair Nobre, aka Young Money, 28, of Pawtucket.
Additional defendants charged in Federal court as a result of this investigation include:
District of North Dakota
- Daniel Vivas Ceron, 37, of Colombia – awaiting trial currently set for Sept. 11;
- Jameson Robert Sele, 23, Grand Forks, North Dakota, pleaded guilty to conspiracy to distribute controlled substances and was sentenced on July 27, 2015 to 36 months in prison;
- Ryan Jon Jensen, 23, of Grand Forks, pleaded guilty on Feb. 27, 2015 to conspiracy to distribute controlled substances resulting in serious bodily injury and death, two counts of distribution of a controlled substance resulting in death, distribution of a controlled substance resulting in serious bodily injury and money laundering conspiracy. He was sentenced on Feb. 2, 2016 to serve 20 years in prison;
- David Todd Noye Jr., 21, of Grand Forks, pleaded guilty on May 4, 2015 to conspiracy to distribute controlled substances and was sentenced on Jan. 25, 2016 to three years and three months in prison;
- Joshua Tyler Fulp, 23, of Grand Forks, pleaded guilty on June 23, 2015 to conspiracy to distribute controlled substances resulting in serious bodily injury and death and was sentenced to 12 years in prison;
- Kain Daniel Schwandt, 21, of Grand Forks, pleaded guilty on July 24, 2015 to conspiracy to distribute controlled substances and was sentenced on Jan. 25, 2016 to three years and six months in prison;
- Brandon Corde Hubbard, 43, of Portland, Oregon was indicted on charges of conspiracy to distribute controlled substances resulting in serious bodily injury and death, distribution of a controlled substance resulting in death and money laundering conspiracy and was sentenced on July 13, 2016 to life in prison;
- Ronnie Lee Helms, 33, of Acworth, Georgia pleaded guilty on March 1, 2017 to conspiracy to possess with intent to distribute and distribution of a controlled substance and controlled substance analogues resulting in serious bodily injury and death. Sentencing is set for Oct. 1; and
- Braden James Foley, 31, of Olympia, Washington pleaded guilty on Aug. 11, 2016 to conspiracy to possess with intent to distribute and distribution of a controlled substance and was sentenced on Nov. 21, 2016 to 30 months in prison.
District of Oregon
- Channing Lacey, 30, of Portland, Oregon, pleaded guilty on March 28, 2017 to one count of distribution of a controlled substance resulting in serious bodily injury to three individuals and one count of distribution of a controlled substance resulting in death and was sentenced to 135 months in prison;
- Carissa Marie Laprall, 26, of Portland, pleaded guilty on March 28, 2017 to three counts of distribution of a controlled substance resulting in serious bodily injury. Sentencing is set for Jan. 14, 2019; and
- Steven Fairbanks Locke, 42, of Portland, pleaded guilty on June 14, 2017 to use of a communication facility to facilitate a drug offense. Sentencing is set for Oct. 29.
These cases are being investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; U.S. Drug Enforcement Administration; U.S. Postal Inspection Service; Grand Forks Narcotics Task Force; Royal Canadian Mounted Police; Portland, Oregon, Police Bureau – Drugs and Vice Division; Portland HIDTA Interdiction Task Force; Oregon State Police and the Grand Forks Police Department. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations and those primarily responsible for the nation’s illegal drug supply.
U.S. Attorney Christopher C. Myers, Assistant U.S. Attorney Scott Kerin for the District of Oregon and Trial Attorney Adrienne Rose of the Criminal Division’s Narcotic & Dangerous Drug Section are prosecuting the cases.
An indictment is merely an accusation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Four Additional Chinese Nationals and Six Additional U.s. Residents Indicted in North Dakota in International Drug and Money Laundering Conspiracy Involving OpioidsRead the Press Release
NOTE: The relevant case documents can be found here: Pinto Indictment, Zhang Superseding Indictment, U.S. Treasury Press Release, and Zhang Chart.
Total of 28 Charged With Conspiracy to Distribute Fetanyl and Other Lethal Drugs Resulting in Deaths and Injury
WASHINGTON – Na Chu, 37; Yeyou Chu, 36; Cuiying Liu, 62; and Keping Zhang, 62, all Chinese nationals, were charged by a superseding indictment returned on Jan. 18, with international money laundering conspiracy, Attorney General Jeff Sessions, U.S. Attorney Christopher C. Myers for the District of North Dakota and Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division announced today.
The charges come as part of “Operation Denial,” an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation into the international trafficking of fentanyl and other lethal drugs, and was significantly aided by the national and international coordination led by the multi-agency Special Operations Division (S.O.D.) near Washington D.C. as part of “Operation Deadly Merchant.” The investigation started in North Dakota on Jan. 3, 2015, with the overdose death in Grand Forks of 18-year-old Bailey Henke.
“Fentanyl and its analogues killed more Americans than any other drug in 2016, and the vast majority of it comes from China,” said Attorney General Sessions. “The defendants in this case allegedly trafficked fentanyl from China to 11 states from coast to coast. As a result, Americans died in at least three states. I want to thank the U.S. Attorney’s Offices in North Dakota and Oregon, the Criminal Division’s Narcotic and Dangerous Drug Section, DEA, HSI, the North Dakota Bureau of Criminal Investigations, the Royal Canadian Mounted Police, and dozens more law enforcement officers across the United States and Canada who helped make these indictments possible. Today’s indictments are a step toward dismantling an alleged international fentanyl trafficking operation and eventually ending this nation’s unprecedented drug crisis.”
Additional defendants previously charged in this superseding indictment with drug trafficking conspiracy include Jian Zhang, aka Hong Kong Zaron, 39, of China; Jason Joey Berry, aka Daniel Desnoyers, 35, of Quebec, Canada; Anthony Santos Gomes, aka Ant, 33, of Davie, Florida; Elizabeth Ton, aka Lisa Gomes, 26, of Davie, Florida; Xuan Cahn Nguyen, aka Jackie and Jackie Chan 38, of Quebec Canada; Marie Um, aka Angry Bird, 37, of Quebec, Canada; Vannek Um, 40, of Quebec, Canada; and Linda Van, 25, of Quebec, Canada.
In a separate indictment returned on March 22, Steven Barros Pinto, aka Yeaboy, 36, of Pawtucket, Rhode Island, was charged with conspiracy to possess with intent to distribute and distribute controlled substances and controlled substance analogues resulting in serious bodily injury and death, conspiracy to import controlled substances and controlled substance analogues into the United States resulting in serious bodily injury and death, continuing criminal enterprise, and a forfeiture allegation.
Additional defendants charged in this indictment with drug trafficking conspiracy include: Louis Felix Bell, 30, of West Palm Beach, Florida; Amanda Renee Schneider, 27, of West Palm Beach; Danny Silva Gamboa, 21, of Pawtucket, Rhode Island; Robinson Andres Gomez, aka Rob, 25, of Pineville, North Carolina; and Keveen Odair Nobre, aka Young Money, 28, of Pawtucket.
Additional defendants charged in Federal court as a result of this investigation include:
District of North Dakota
- Daniel Vivas Ceron, 37, of Colombia – awaiting trial currently set for Sept. 11;
- Jameson Robert Sele, 23, Grand Forks, North Dakota, pleaded guilty to conspiracy to distribute controlled substances and was sentenced on July 27, 2015 to 36 months in prison;
- Ryan Jon Jensen, 23, of Grand Forks, pleaded guilty on Feb. 27, 2015 to conspiracy to distribute controlled substances resulting in serious bodily injury and death, two counts of distribution of a controlled substance resulting in death, distribution of a controlled substance resulting in serious bodily injury and money laundering conspiracy. He was sentenced on Feb. 2, 2016 to serve 20 years in prison;
- David Todd Noye Jr., 21, of Grand Forks, pleaded guilty on May 4, 2015 to conspiracy to distribute controlled substances and was sentenced on Jan. 25, 2016 to three years and three months in prison;
- Joshua Tyler Fulp, 23, of Grand Forks, pleaded guilty on June 23, 2015 to conspiracy to distribute controlled substances resulting in serious bodily injury and death and was sentenced to 12 years in prison;
- Kain Daniel Schwandt, 21, of Grand Forks, pleaded guilty on July 24, 2015 to conspiracy to distribute controlled substances and was sentenced on Jan. 25, 2016 to three years and six months in prison;
- Brandon Corde Hubbard, 43, of Portland, Oregon was indicted on charges of conspiracy to distribute controlled substances resulting in serious bodily injury and death, distribution of a controlled substance resulting in death and money laundering conspiracy and was sentenced on July 13, 2016 to life in prison;
- Ronnie Lee Helms, 33, of Acworth, Georgia pleaded guilty on March 1, 2017 to conspiracy to possess with intent to distribute and distribution of a controlled substance and controlled substance analogues resulting in serious bodily injury and death. Sentencing is set for Oct. 1; and
- Braden James Foley, 31, of Olympia, Washington pleaded guilty on Aug. 11, 2016 to conspiracy to possess with intent to distribute and distribution of a controlled substance and was sentenced on Nov. 21, 2016 to 30 months in prison.
District of Oregon
Channing Lacey, 30, of Portland, Oregon, pleaded guilty on March 28, 2017 to one count of distribution of a controlled substance resulting in serious bodily injury to three individuals and one count of distribution of a controlled substance resulting in death and was sentenced to 135 months in prison;
- Carissa Marie Laprall, 26, of Portland, pleaded guilty on March 28, 2017 to three counts of distribution of a controlled substance resulting in serious bodily injury. Sentencing is set for Jan. 14, 2019; and
- Steven Fairbanks Locke, 42, of Portland, pleaded guilty on June 14, 2017 to use of a communication facility to facilitate a drug offense. Sentencing is set for Oct. 29.
These cases are being investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; U.S. Drug Enforcement Administration; U.S. Postal Inspection Service; Grand Forks Narcotics Task Force; Royal Canadian Mounted Police; Portland, Oregon, Police Bureau – Drugs and Vice Division; Portland HIDTA Interdiction Task Force; Oregon State Police and the Grand Forks Police Department. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations and those primarily responsible for the nation’s illegal drug supply.
U.S. Attorney Christopher C. Myers, Assistant U.S. Attorney Scott Kerin for the District of Oregon and Trial Attorney Adrienne Rose of the Criminal Division’s Narcotic & Dangerous Drug Section are prosecuting the cases.
An indictment is merely an accusation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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California Man Sentenced on Sex and Drug Trafficking ChargesRead the Press Release
BISMARCK – United States Attorney Christopher C. Myers announced that on April 18, 2018, Chief United States District Court Judge Daniel L. Hovland sentenced Montay Maurice Knight, a/k/a Fresh, age 35, of Indio, CA, to 6 years and 7 months in a federal prison, to be followed by five years supervised release, on charges of Transportation for Illegal Sexual Activity and Conspiracy to Distribute and Possess with intent to Distribute a Controlled Substance. Knight was further ordered to pay $200 in special assessments to the Crime Victims’ Fund.
This case came to the attention of law enforcement on March 4, 2017, when the Bismarck Police Department responded to the My Place hotel when, an adult female, called 911 and reported that her boyfriend, Montay Knight, had hit, choked and threatened to kill her. The victim said that approximately three months into her relationship with Knight, Knight began asking her for money that she earned by engaging in commercial sex acts after she met him. The victim further stated she had been “working” for Knight in California by engaging in commercial sex acts. All the money she earned from the commercial sex acts went to Knight. The victim reported there had been previous assaultive behavior by Knight. The victim said Knight traveled to North Dakota about four (4) or five (5) weeks before the beginning of March 2017, for the purpose of selling drugs. Knight then directed her to put an advertisement on Backpage.com for Bismarck, ND, to see what type of response the advertisement would receive. Because of the number of responses to the victim’s Backpage.com advertisement, Knight instructed the victim to come to Bismarck, ND.
Upon arrival to North Dakota in February 2017, the victim engaged in commercial sex acts and turned over all her earnings to Knight. Knight was arrested for aggravated assault and during the search of Knight, incident to his arrest, Four Thousand Dollars ($4,000) in cash was found and seized.
This case was investigated by the Bismarck Police Department, Department of Homeland Security – Homeland Security Investigations, and the North Dakota Bureau of Criminal Investigation.Special Assistant United States Attorney Dawn M. Deitz prosecuted the case.
U.S. Attorney’s Office Commemorates National Crime Victims’ Rights WeekRead the Press Release
BISMARCK – U.S. Attorney Christopher C. Myers announced that on April 13, 2018, the U.S. Attorney’s Office for the District of North Dakota hosted a National Crime Victims’ Rights Week Awards Ceremony to raise awareness about crime victims’ rights and to recognize individuals throughout the state who provide outstanding services to victims. Victim assistance awards were presented to the following individuals:
Assistant United States Attorney Victim Assistance Award – Jonathan O’Konek, U.S. Attorney’s Office, Bismarck.
Support Staff Victim Assistance Award – Vicki Thompson, Legal Assistant, U.S. Attorney’s Office, Fargo.
Victim-Witness Advocate Assistance Award – Amy Jacobson, Human Trafficking Navigator, Youthworks, Bismarck.
Special Agent Victim Assistance Award – Frank Gasper, Special Agent, Federal Bureau of Investigation, Bismarck.
State Law Enforcement Victim Assistance Award – Lt. Calise Linstrom, McHenry County Sheriff’s Office, Towner & Det. Dale Ackland, Jamestown Police Department, Jamestown.
Crime Victim Service Legacy Assistance Award – Paula Bosh, Victim Specialist, Federal Bureau of Investigation, Minot.
Special Courage Victim Assistance Award – Nikki Anderson, Thriver, Trained Therapeutic Arts Facilitator, Founder of Art of Hope and Healing, Plains Art Museum, Fargo.
United States Attorney Myers stated, “It is an honor to recognize these professionals who tirelessly work every day, and often into the evening, to ensure victims are safe and have a voice in the criminal justice system. These award winners are truly passionate about helping people and the recognition for their efforts is long overdue.”
The U.S. Department of Justice’s Office for Victims of Crime (OVC) leads communities throughout the country in their annual observances of the national Crime Victims’ Rights Week, April 8-14, by promoting victims’ rights and honoring crime victims and those who advocate on their behalf. This year’s theme—Expand the Circle: Reach All Victims—highlights how the investment of communities in crime victims expands the opportunity for victims to disclose their victimization, connect with services, and receive the support they need. The theme also acknowledges the many barriers facing victims of crime especially those with disabilities, LGBTQ victims, older adults, speakers with limited English proficiency, American Indians and Alaska Natives, and others from historically marginalized communities.
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U.S. Attorney’s Office to Commemorate National Crime Victims’ Rights WeekRead the Press Release
BISMARCK – U.S. Attorney Christopher C. Myers announced today that on April 13, 2018, the U.S. Attorney’s Office for the District of North Dakota will host a National Crime Victims’ Rights Week Awards Ceremony to raise awareness about crime victims’ rights and to recognize individuals throughout the state who provide outstanding services to crime victims. The awards ceremony will take place at the William L. Guy Federal Building, Eagle Courtroom, 220 E Rosser Avenue, Bismarck, at 10:30 a.m.
The U. S. Department of Justice’s Office for Victims of Crime (OVC) leads communities throughout the country in their annual observances of the National Crime Victims’ Rights Week, which is April 8-14, by promoting victims’ rights and honoring crime victims and those who advocate on their behalf. This year’s theme—Expand the Circle: Reach All Victims—highlights how the investment of communities in crime victims expands the opportunity for victims to disclose their victimization, connect with services, and receive the support they need. The theme also acknowledges the many barriers facing victims of crime especially those with disabilities, LGBTQ victims, older adults, speakers with limited English proficiency, American Indians and Alaska Natives, and others from historically marginalized communities.
Members of the media will be permitted to bring appropriate still photo, video, and audio equipment to the Eagle Courtroom for purposes of covering this event. The public is also invited to attend.
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Fort Totten Man Indicted for MurderRead the Press Release
FARGO – United States Attorney Christopher C. Myers announced that John Willard Greywind, age 42, was charged by an Indictment returned on March 22, 2018, for Second Degree Murder and Voluntary Manslaughter.
The Indictment alleges that on November 13, 2017, Greywind, who is enrolled in the Spirit Lake Sioux Tribe, killed Jogenia Lopez Austin, his girlfriend, and the acts occurred within Indian country, that is, within the exterior boundaries of the Spirit Lake Indian Reservation. The Indictment in this case is not evidence of guilt. The defendant is presumed innocent unless or until proven guilty beyond a reasonable doubt at trial.
This case was investigated by the Federal Bureau of Investigation, Bureau of Indian Affairs, and Devils Lake Police Department.
This case is being prosecuted by First Assistant U.S. Attorney Keith Reisenauer.
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New Town Woman Indicted for Embezzlement and TheftRead the Press Release
BISMARCK – United States Attorney Christopher C. Myers announced that Melissa Ann Mandan, aka: Melissa Fyten, age 33, was charged by an Indictment returned on April 4, 2018, for Federal Program Theft and Embezzlement and Theft from an Indian Tribal Organization.
The Indictment alleges that Mandan stole in excess of $40,000 worth of funds and amenities from the Mandan, Hidatsa, and Arikara Nation (Three Affiliated Tribes) Infant and Toddler Program while she was employed as an administrative assistant. The Infant and Toddler Program provides assistance to families whose children, between the ages 0 and 5, have not reached their physical or mental developmental milestones. The program provides tribal members resources for services to help the children with speech and physical therapy and other services intended to aid the children. The Indictment also alleges that in addition to stealing money from the Infant and Toddler Program, Mandan also fraudulently used the Infant and Toddler Program account to purchase thousands of dollars worth of goods and food. Mandan’s Initial Appearance and Arraignment was before Magistrate Judge Alice R. Senechal, at 2:30 p.m. today, April 9, 2018. The Indictment in this case is not evidence of guilt. The defendant is presumed innocent unless or until proven guilty beyond a reasonable doubt at trial.
This case was investigated by the Federal Bureau of Investigation.
This case is being prosecuted by Assistant U.S. Attorney Jonathan J. O’Konek.
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Grand Forks Man Sentenced to 16 Years in Federal Prison for Role in Drug ConspiracyRead the Press Release
FARGO – United States Attorney Christopher C. Myers announced that on March 20, 2018, Ryan Scott Franklin, age 39, was sentenced by Ralph R. Erickson, Circuit Judge for the Eighth Circuit Court of Appeals, Sitting by Designation, to serve 16 years imprisonment for conspiracy to distribute methamphetamine. As part of the sentence, Franklin was ordered to serve five years supervised release and to pay a special assessment of $100.00 to the Crime Victims Fund.
This case came to the attention of law enforcement after the shooting death of Austin Forsman at the Flying J Truck Stop in Grand Forks, ND, on March 11, 2016. The murder investigation resulted in the unravelling of a large methamphetamine trafficking conspiracy operating in the Red River Valley and twelve (12) other individuals were charged in Federal Court. According to trial testimony, Franklin was involved with Modesto Torrez and others with bringing pound quantities from the Twin Cities area to the Red River Valley for distribution.
This case was investigated by the Grand Forks Police Department, Grand Forks Narcotics Task Force, North Dakota Bureau of Criminal Investigation, and the U.S. Department of Homeland Security – Homeland Security Investigations.
This case was prosecuted by U.S. Attorney Christopher C. Myers, Assistant U.S. Attorney Jake Rodenbiker, and Special Assistant U.S. Attorney Jeremy Ensrud.
http://www.usdoj.gov/usao/nd/
U.S. Attorney Chris Myers to Serve on Native American Issues and Controlled Substance SubcommitteesRead the Press Release
North Dakota’s U.S. Attorney Chris Myers will be serving on the Native American Issues Subcommittee (NAIS), which is part of the Attorney General’s Advisory Committee (AGAC).
The AGAC was created in 1973 to serve as the voice of U.S. Attorneys and to advise the Attorney General on policy, management, and operational issues impacting U.S. Attorneys. The NAIS is made up of U.S. Attorneys from across the United States whose Districts contain Indian Country or one or more federally recognized tribes. The NAIS focuses exclusively on Indian Country issues, both criminal and civil, and is responsible for making policy recommendations to the Attorney General of the United States regarding public safety and legal issues that affect tribal communities. U.S. Attorney Myers added, "The U.S. Attorney’s Office has dedicated an Assistant U.S. Attorney to each of the reservations in North Dakota. Violent crime in our tribal communities continues to be a priority." NAIS is chaired by U.S. Attorney Trent Shores of the Northern District of Oklahoma.
U.S. Attorney Myers will also serve on the Controlled Substances Subcommittee of AGAC. U.S. Attorney Myers noted, "The opiate crisis continues to be priority of the U.S. Attorney’s Office in North Dakota. We will continue our strong partnership with all stakeholders in North Dakota to further build upon the multi-faceted approach to this deadly challenge. The Controlled Substance Subcommittee is chaired by U.S. Attorney Christina Nolan of Vermont.
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Minot Woman Sentenced to 25 years for Sexual Exploitation of a ChildRead the Press Release
BISMARCK – United States Attorney Christopher C. Myers announced that on March 12, 2018, Chief United States District Judge Daniel L. Hovland sentenced Ashley Marie Moore, 29, Minot, ND, on charges of Sexual Exploitation of a Child; and Distribution of Images Depicting the Sexual Exploitation of Children. Judge Hovland sentenced Moore to serve 25 years in prison for count one and 20 years in prison for count two, both sentences to run concurrently. Moore was also sentenced to 10 years of supervised release.
Between July 2015 and October 2015, on three separate occasions, Moore videotaped herself sexually exploiting her 7 month old daughter while at her residence on the Minot Air Force Base, ND. Moore sold the cellphone videos to a male she knew in Alabama, Leo Greene, for $50.00 each. The videos were later discovered on Mr. Greene’s cell phone by family members after his death from cancer. The family members immediately reported the videos to law enforcement in Alabama.
This case was investigated the Alabama State Bureau of Investigation; Air Force Office of Special Investigations, Minot, ND; and Ward County Sheriff’s Department, Minot, ND.
Assistant United States Attorney Gary L. Delorme prosecuted the case.
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Fort Berthold Man Sentenced on Arson ChargeRead the Press Release
BISMARCK – United States Attorney Christopher C. Myers announced that on February 15, 2018, Chief United States District Judge Daniel L. Hovland sentenced Charles Valarian Smith, Sr., 24, of New Town, ND, on a charge of arson. Chief Judge Hovland sentenced Smith to serve three years and eight months in prison, to be followed by three years supervised release.
During the early morning hours of June 25, 2017, Smith, Sr., set fire to a New Town, ND, residence using gasoline. Located within the residence at the time of the fire were several individuals, including children. An individual passing by the location noticed flames coming from the residence and was able to extinguish the blaze with a fire extinguisher. There were no injuries sustained by anyone as a result of the fire, however the residence was damaged.
Smith, Sr., informed law enforcement that he and the owner of the residence had gotten into a physical altercation the day prior to the fire and that, while intoxicated and agitated from the altercation, Smith, Sr., had set fire to some garbage located near the side of the residence.
This case was investigated by the Three Affiliated Tribes Police Department.
Assistant United States Attorney Jonathan O’Konek prosecuted the case.
Brazilian Woman Sentenced for Involuntary ManslaughterRead the Press Release
BISMARCK – United States Attorney Christopher C. Myers announced that on February 13, 2018, Chief United States District Judge Daniel L. Hovland sentenced Bruna De Paula Cardoso, 24, Brazil, on a charge of involuntary manslaughter. Judge Hovland sentenced Cardoso to serve three years and one month in prison, followed by three years of supervised release and to pay restitution.
On September 24, 2016, while in Parshall, North Dakota, Cardoso drove a vehicle while intoxicated, lost control of the vehicle and hit an "End School Zone" sign, then struck a tree. The passenger in the vehicle she was operating was killed. At the time of the accident, Cardoso’s Blood Alcohol Content (BAC) was .130 and it was determined that the speed of the vehicle was approximately 40 miles per hour, which was 15 mph over the posted 25 mph speed limit.
This case was investigated by the Federal Bureau of Investigation, with the assistance of the Three Affiliated Tribes Police Department.
Assistant United States Attorney Jonathan O’Konek prosecuted the case
Fort Totten Man Sentenced on Firearms ChargesRead the Press Release
FARGO - United States Attorney Christopher C. Myers announces that on January 23, 2018, DANIEL MICHAEL TWOHEARTS, age 24, of Fort Totten, ND, was sentenced before Circuit Court Judge Ralph R. Erickson (sitting by designation), on drug trafficking and firearms charges, specifically: Possession of a Firearm and Ammunition by a Convicted Felon; Possession of a Stolen Firearm; Possession with Intent to Distribute a Controlled Substance; and Discharging a Firearm During and in Relation to a Drug Trafficking Crime. TwoHearts was sentenced to serve 25 years’ imprisonment, to be followed by 5 years of supervised release, as well as pay $400 in special assessments and $482.99 in restitution.
This case came to the attention of law enforcement on the evening of February 2, 2017, when a North Dakota Highway Patrol trooper attempted to pull the defendant over regarding a traffic offense which occurred on Interstate 29 near Grand Forks, ND. TwoHearts did not pull over, but continued toward Hillsboro where a Hillsboro police officer joined the pursuit. Approximately one mile south of Hillsboro, Traill County deputy sheriffs deployed spike strips, which disabled the pickup being driven by TwoHearts. TwoHearts exited the vehicle and fired a handgun in the direction of the trooper and police officer, neither of whom were struck. TwoHearts then fled on foot, which led to a multi-agency manhunt. Discovered near the pickup where TwoHearts had previously been was approximately five ounces of pure methamphetamine.
TwoHearts was eventually located in Devils Lake, North Dakota, after stealing three different vehicles along the way. During a brief standoff with law enforcement in Devils Lake, TwoHearts shot himself in the chest with the same handgun he had fired at the trooper and police officer near Hillsboro. At that point Two Hearts was apprehended and arrested without further incident.
TwoHearts was sentenced as an Armed Career Criminal, with eight prior burglary convictions, and was on state probation at the time of the instant offense. TwoHearts previously pled guilty in state court on charges relating to him stealing motor vehicles and endangering an infant in the course of fleeing from law enforcement.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the North Dakota Bureau of Criminal Investigation, with assistance from the North Dakota State Highway Patrol, Hillsboro Police Department, Traill County Sheriff’s Office, North Dakota Parole & Probation, North Dakota Crime Lab, Ramsey County Sheriff’s Office, Benson County Sheriff’s Office, Devils Lake Police Department, Lake Region Narcotics Task Force, Grand Forks County Sheriff’s Office, Grand Forks SWAT, CBP, Bureau of Indian Affairs, Three Affiliated Tribes Police Department, Minnesota Bureau of Criminal Apprehension, Minnesota State Patrol, and the Polk County, MN, Sheriff’s Office.
This case was prosecuted by Assistant United States Attorney Jake Rodenbiker.
California Man Sentenced on Drug Charges Following Jury Trial VerdictRead the Press Release
Bismarck - United States Attorney Christopher C. Myers announces that on January 2, 2018, ANTONIO AVILA MEDRANO, age 41, of Los Angeles, California, was sentenced by Chief Judge Daniel L. Hovland to serve 25 years in federal prison, to be followed by 10 years of Supervised Release, after being found guilty by a trial jury in July of 2017 on charges of Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance; Possession with Intent to Distribute a Controlled Substance; and Possession of a Firearm in Furtherance of a Drug Trafficking Crime. Medrano was further ordered to pay $300 in special assessments to the Crime Victims’ Fund.
This case came to the attention of law enforcement when a traffic stop of Medrano was conducted in Bismarck on May 6, 2015, during which a Bismarck hotel key card was found on Medrano’s person, as well as $4800 US currency in a Ziploc bag. Following further investigation, it was determined that Medrano and the co-defendant were transporting methamphetamine in to North Dakota from California for distribution. A search of the Bismarck hotel room revealed methamphetamine, digital scales, baggies, a vacuum sealer, heat sealer bags, and dryer sheets, all of which was indicative of drug trafficking. Also located in the room was a Sig Sauer P290 firearm, which was found inside Medrano’s bag along with empty baggies, methamphetamine, and a prescription pill bottle with Medrano's name on it. A search of Medrano’s residence in California was conducted on April 28, 2015, during which time Medrano’s son informed law enforcement that methamphetamine was not at the residence because Medrano and the co-defendant took it with them when they left 4-5 days prior to the search warrant being executed.
This case was investigated by the Drug Enforcement Administration and the Bismarck Police Department.
Special Assistant United States Attorney Dawn Dietz prosecuted the case.
Twin Buttes Man Sentenced on Multiple Child Molestation OffensesRead the Press Release
BISMARCK – United States Attorney Christopher C. Myers announced that on December 20, 2017, Chief United States District Court Judge Daniel L. Hovland sentenced Lonnie Dale Spotted Bear, 73, Twin Buttes, ND, to serve 30 years in prison, followed by lifetime supervised release for multiple child molestation offenses.
On September 14, 2017, after a three-day trial, a federal jury found Spotted Bear guilty on two counts of aggravated sexual abuse of a child, one count of Attempted Aggravated Sexual Abuse of a Child, and one count of Abusive Sexual Contact of a Child. Evidence presented at trial demonstrated that, during a five-year period, Spotted Bear molested three girls under the age of twelve. Specifically, Spotted Bear, through his status as a trusted relative, gained access to, isolated, and individually molested these girls. Additionally, evidence at trial demonstrated that when Spotted Bear learned that two of his victims disclosed that he molested them, he attempted to intimidate and influence their guardians.
This case was investigated by the Federal Bureau of Investigation.
Assistant United States Attorney Jonathan O’Konek prosecuted the case.
Illinois Resident Sentenced on Sex Trafficking ChargesRead the Press Release
FARGO – United States Attorney Chris C. Myers announced that on December 21, 2017, ANTHONY DONTE COLLIER, a/k/a Koleone The Great, age 30, of Illinois, was sentenced in federal court after being found guilty by a trial jury in April of this year. Collier was sentenced to 40 years’ imprisonment, to be followed by a lifetime of supervised release on charges of Conspiracy to Engage in Sex Trafficking, Sex Trafficking of a Child, and four counts of Sex Trafficking. Collier was further ordered to pay $600 in special assessments to the Crime Victims’ Fund, in addition to a $5,000 special assessment payable to the Trafficking Victims’ Protection Act, and also $38,885.41 in restitution to the victims in the case.
This case came to the attention of law enforcement after Collier’s state probation office discovered an image on Collier’s Facebook page depicting a young woman on her knees, dressed in lingerie, with a dog collar around her neck which was attached to a leash that was being held by Collier. Law enforcement learned that Collier was frequenting hotels with that same woman depicted in the image and subsequently obtained a search warrant for Collier’s cell phone, which contained images of several women, including a 17-year-old juvenile girl. During the forensic examination of the cell phone, law enforcement found that the same images located on Collier’s cell phone were also seen on Backpage.com under the "Escort" section. The exam further revealed that the cell phone was utilized to purchase virtual currency known as "Bitcoins," which were ultimately used to purchase advertisements on Backpage.com; the ads depicted the same women and the same photos. Backpage.com is an online classified advertising company which Collier utilized to advertise the women for sex.
Victims were subsequently identified and interviewed, during which time they disclosed that Collier assaulted them, including urinating on one of the victims, to compel the victims to engage in commercial sex acts. The sex acts occurred in hotels as well as private residences located in both Moorhead and Fargo. A total of five victims were identified and interviewed as part of this case.
"This sentencing stands as a warning to those who would sell another person into sexual slavery," said Special Agent in Charge Alex Khu of HSI – St. Paul. "HSI, in addition to our local and state law enforcement partners, remain ever vigilant and will take aggressive action to find and rescue victims, and to put their victimizers behind bars."
U. S. Attorney Myers stated, "This case is a shining example of the commitment of local, state, and federal law enforcement, along with victim service providers, to rescue victims of sex trafficking and to punish defendants like Mr. Collier who prey on victims for their own financial gain."
This case was investigated by the Moorhead Police Department, Department of Homeland Security – Homeland Security Investigations, and the North Dakota Bureau of Criminal Investigation.
Assistant United States Attorneys Jennifer Puhl and Brett Shasky prosecuted the case.
This case was prosecuted with the assistance of the North Dakota Human Trafficking Task Force (NDHTTF), which includes regional response teams that consist of federal, state, and local law enforcement and victim service providers working together to identify and rescue human trafficking victims as well as investigate and prosecute human trafficking cases. Led by the U.S. Attorney’s Office, ND BCI, and the North Dakota Counsel on Abused Women Services (CAWS), the NDHTTF is dedicated to addressing the individualized needs of human trafficking victims and the apprehension, investigation, and prosecution of the perpetrators of human trafficking.
The NDHTTF includes representatives from Youthworks, the Children’s Advocacy Center, the Domestic Violence Crisis Center, Lutheran Social Services, the ND Association of Counties, a Force to End hUman Sexual Exploitation (FUSE), a survivor of human trafficking, First Nations Women’s Alliance (FNWA), and the Department of Homeland Security - Homeland Security Investigations (HSI).
Former Fargo Priest Extradited to United States from Philippines to Face Sexual Abuse ChargesRead the Press Release
FARGO – United States Attorney Christopher C. Myers announces that on December 15th, 2017, FERNANDO LAUDE SAYASAYA, was extradited to the United States and will face state child sexual abuse charges that were filed in Cass County District Court in December of 2002. The charges allege the offenses took place between July 1995 and June 1997 for one victim and June 1997 through August 1998 for another victim.
A federal indictment was returned on Sayasaya for Unlawful Flight to Avoid Prosecution on January 7, 2003, when Sayasaya failed to return to the United States following a visit to the Philippines in 1998.
Sayasaya was ordered extradited by a court in the Philippines on December 28, 2010 and appealed that order. An appellate court in the Philippines upheld the extradition order on February 29, 2012 and a warrant was issued after Sayasaya failed to appear on a summons. After close coordination with Philippines law enforcement, Sayasaya was arrested on November 19, 2017 in the Philippines and was transported to the United States by the United States Marshal’s Service. The United States will dismiss the federal charges to allow Cass County to proceed with their charges.
United States Attorney Myers stated: “This case illustrates the close cooperation at the international, federal, and state and local jurisdictions to locate, apprehend and extradite defendants who seek refuge outside of the United States to thwart justice. This successful extradition is a result of twenty years of relentless police work by Det. Greg Warren of the West Fargo Police Department and Philippine authorities. This case exemplifies the strong partnerships we have developed here in North Dakota and worldwide. We would like to express our gratitude for the cooperation provided by Philippine law enforcement agencies, including the National Bureau of Investigation, the Philippine National Police and the Philippines Department of Justice.”
This case was investigated by the Federal Bureau of Investigation, United States Marshal’s Service, West Fargo Police Department, Cass County State’s Attorney’s office, United States Department of Justice - Office of International Affairs, and law enforcement personnel assigned to the U.S. Embassy in Manila.
## The Indictment in this case is not evidence of guilt. The defendant is presumed innocent unless or until proven guilty beyond a reasonable doubt at trial. ##
Fargo Man Found Guilty of Threatening a United States SenatorRead the Press Release
FARGO - First Assistant U.S. Attorney Keith Reisenauer announced that on December 15, 2017, following a four-day trial, a federal jury convicted Kevin Lee Olson, age 56, Fargo, ND of Threatening Interstate Communications by knowingly transmitting an e-mail, for the purpose of issuing a threat to injure another person, and with knowledge that the communication would be viewed by another person as a threat.
On December 22, 2016, Olson sent an e-mail to United States Senator Heidi Heitkamp, Washington, District of Columbia, which stated: “It’s seems the only consideration one gets these days is when one becomes a criminal. I guess I should find you, you bitch, and shoot you in your red head!”
The sentencing of Olson will be scheduled at a later date, in Fargo, ND.
This case was investigated by US Border Patrol; US Capitol Police; Federal Bureau of Investigation; and Fargo Police Department.
Assistant United States Attorney Nicholas Chase and AUSA Janice Morley prosecuted the case.
Modesto Torrez Sentenced to Two Life Terms for His Role in Drug Conspiracy and MurderRead the Press Release
FARGO – United States Attorney Christopher C. Myers announces that on December 1, 2017, MODESTO TORREZ, age 35, of Angus, MN, was sentenced by Eighth Circuit Judge, sitting by designation, Ralph R. Erickson, to serve life imprisonment for his conviction of conspiracy to distribute controlled substances and a consecutive life term for murder in furtherance of a drug trafficking conspiracy. Torrez was found guilty by a trial jury in October of this year for conspiracy to distribute methamphetamine, obstruction of justice and for his role murder of Austin B. Forsman at the Flying J Truck Stop on March 11, 2016. Torrez was further ordered to forfeit $12,620, which was seized during the investigation.
Law enforcement’s investigation into the murder of Austin Forsman at the Flying J Truck Stop in Grand Forks, ND, in the early morning hours of March 11, 2016, resulted in the indictment of thirteen conspirators in connection with a methamphetamine ring in the Grand Forks area. Torrez, together with Krystal Lynn Feist, were charged with the murder of Forsman, as well as the drug trafficking conspiracy. Torrez was found guilty of being the leader of the conspiracy to traffic methamphetamine in the area, as well as for ordering the murder of Austin Forsman and obstructing justice. Krystal Feist had previously pled guilty for her role in the murder and drug trafficking conspiracy.
This case was investigated by the Grand Forks Police Department, Grand Forks Narcotics Task Force, North Dakota Bureau of Criminal Investigation, and the Department of Homeland Security – Homeland Security Investigations.
This case was prosecuted by U.S. Attorney Christopher C. Myers, Assistant U.S. Attorney Jake Rodenbiker, and Special Assistant U.S. Attorney Jeremy Ensrud.
http://www.usdoj.gov/usao/nd
Saltwater Disposal Well Operators Sentenced on Multiple Felony Charges in Connection with Operation of WellRead the Press Release
Two saltwater disposal well operators were sentenced in federal court in Bismarck, North Dakota, on felony charges stemming from the operation of a saltwater disposal well near Dickinson, in Stark County, North Dakota, the Justice Department announced.
Jason A. Halek, 44, of Southlake, Texas, was sentenced to three years supervised release and ordered to pay a fine of $50,000. Halek will also be placed in a halfway house for up to one year as a result of today’s sentencing. Halek previously pleaded guilty, on April 12, 2017, to three counts of violating the Safe Drinking Water Act.
Nathan R. Garber, 48, of Kalispell, Montana, was sentenced to three years supervised release. Garber previously pleaded guilty, on September 26, 2014, to one count of conspiracy to violate the Safe Drinking Water Act and defraud the United States. He also pleaded guilty to five counts of violating the Safe Drinking Water Act, two counts of making false statements, two counts of falsification of records, and one count of concealment or cover up of a tangible object.
Restitution for both defendants will be addressed at a future hearing.
“By illegally discharging contaminated wastewater, the defendants threatened the safety of drinking water and public health in North Dakota,” said Acting Assistant Administrator Larry Starfield for EPA’s Office for Enforcement and Compliance Assurance. “EPA and its law enforcement partners are committed to holding accountable those who break laws that protect clean water and that ensure natural resources are developed in a safe and responsible manner.”
“This case is a great example of state and federal authorities working shoulder to shoulder to ensure that our precious natural resources in North Dakota and the Citizens of North Dakota are protected,” said U.S. Attorney Christopher C. Myers for the District of North Dakota. “Those individuals who seek to exploit and damage our natural resources to increase their own personal wealth will be held accountable.”
The saltwater disposal well, named the Halek 5-22, received brine and other wastes commonly referred to as “saltwater” from oil and gas operations. In the oil and gas context, “saltwater” covers a wide array of drilling waste fluids, including waste workover, completion, stimulation and pigging fluids, as well as enhanced recovery waters. Underground injection into a saltwater disposal well is prohibited without a permit, which imposes requirements on the well’s operations to help ensure that the saltwater does not impact underground sources of drinking water.
According to an agreed upon factual statement previously filed in court, Halek admitted to injecting saltwater into the well without first having the state of North Dakota witness a test of the well’s integrity. Such tests protect groundwater by focusing on whether there are any significant leaks or fluid movement in the well. Although the well’s permit required that fluids be injected through the tubing, Halek also admitted to injecting fluids down the “annulus” or “backside” of the well thereby violating the permit. Finally, Halek also admitted to failing to provide written notice to the state of the date of first injection into the well.
According to an agreed upon factual statement previously filed in court, Garber admitted to conspiring with others in a number of coordinated and illegal acts. For instance, Garber injected saltwater into the well without first having the state of North Dakota witness a test of the well’s integrity, causing a regulator to determine that there was no assurance as to the integrity of the well and that “the fluid could be going anywhere.” Garber also violated a February 2012 order from the state to stop injecting until a well integrity test was done. When questioned by the state about these injections, Garber made false statements by denying that these injections occurred. After the well failed a pressure test in February 2012 Garber continued to inject saltwater even though he knew that the well did not have integrity and thus posed an increased risk of contaminating groundwater.
Further, Garber moved a device called a “packer” up the wellbore in violation of the well’s permit, without first getting approval from the state. A properly placed packer is an essential device to maintaining integrity of the well and ensuring wastewater does not escape into surrounding soil and groundwater. Garber then gave false information to a state inspector regarding the depth of the packer. Despite illegally moving the packer, Garber continued to inject saltwater into the well until about March 2012, when a state employee shut the well in.
The case was investigated by the U.S. Environmental Protection Agency’s Criminal Investigation Division. Significant cooperation was provided by the State of North Dakota and the North Dakota Industrial Commission (NDIC). The case is being prosecuted by the United States Attorney’s Office for the District of North Dakota and the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.
Crookston, MN, Woman Sentenced to Federal Prison for Role in Flying J Truck Stop MurderRead the Press Release
FARGO – U.S. Attorney Christopher C. Myers announced that on November 27, 2017, LORIE ORTIZ, age 33, of Crookston, MN, was sentenced before U.S. District Judge Ralph R. Erickson to serve 70 months in federal prison, to be followed by 3 years of supervised release, for her role as an Accessory After the Fact in the drug-related death of Austin Forsman. Judge Erickson further sentenced Ortiz to pay a $100 special assessment to the Crime Victims’ Fund in addition to restitution in the amount of $9,409.11.
Law enforcement’s investigation into the murder of Austin Forsman at the Flying J Truck Stop in Grand Forks, ND, in the early morning hours of March 11, 2016, resulted in the Indictment of 13 conspirators in connection with a methamphetamine ring in the Grand Forks area. There were twelve other defendants charged in this case, including Modesto Torrez who was found guilty after a jury trial regarding the drug trafficking conspiracy and murder in furtherance of the drug trafficking conspiracy, as well as obstruction of justice. Torrez is scheduled to be sentenced on December 1, 2017, in Fargo.
This case was investigated by the Grand Forks Police Department, Grand Forks Narcotics Task Force, North Dakota Bureau of Criminal Investigation, and the U.S. Department of Homeland Security – Homeland Security Investigations.
This case was prosecuted by U.S. Attorney Christopher C. Myers, Assistant U.S. Attorney Jake Rodenbiker, and Special Assistant U.S. Attorney Jeremy Ensrud.
Jamestown Man Sentenced on Pornography ChargesRead the Press Release
FARGO – U.S. Attorney Christopher C. Myers announced that on November 3, 2017, Alexander Robert McManus, age 56, of Jamestown, ND, was sentenced before Judge Ralph R. Erickson following a guilty plea to one count of Receiving Materials Containing Child Pornography and two counts of Possession of Materials Containing Child Pornography. Judge Erickson sentenced McManus to serve 22 years in federal prison, to be followed by lifetime supervised release. McManus was further ordered to pay $300 to the Crime Victims’ Fund, as well as $2,500 in restitution to the victim.
This case came to the attention of law enforcement after a child reported that McManus had been sexually abusing her since a young age. The Jamestown Police Department initiated an investigation after which defendant’s wife reported finding a cell phone containing child pornography that was concealed behind the refrigerator in their residence. Law enforcement subsequently searched McManus’ residence during which time they recovered additional media that contained child pornography. Defendant later admitted to receiving and possessing child pornography that he concealed in his residence. This case was investigated by the Department of Homeland Security – Homeland Security Investigations, the North Dakota Bureau of Criminal Investigations, and the Jamestown Police Department.
Assistant United States Attorney Jennifer Klemetsrud Puhl prosecuted the case.
Grand Forks Woman Sentenced for her Role in the Flying J Truck Stop Murder in Grand Forks, NDRead the Press Release
FARGO – U.S. Attorney Christopher C. Myers announced that on October 31, 2017, Krystal Lynn Feist, age 32, of Grand Forks. ND, was sentenced before U.S. District Judge Ralph R. Erickson to serve 30 years in federal prison, to be followed by 5 years of supervised release, for her role in the drug conspiracy and murder in furtherance of the conspiracy. Judge Erickson further sentenced Feist to pay a $300 special assessment to the Crime Victims’ Fund.
Law enforcement’s investigation into the murder of Austin Forsman at the Flying J Truck Stop in Grand Forks, ND, in the early morning hours of March 11, 2016, resulted in the Indictment of 13 conspirators in connection with a methamphetamine ring in the Grand Forks area. Feist, together with Modesto Torrez, were charged with the murder of Forsman, as well as the drug trafficking conspiracy. Torrez was found guilty after a jury trial of drug trafficking conspiracy and murder in furtherance of the drug trafficking conspiracy as well as obstruction of justice. Torrez is scheduled to be sentenced on December 1, 2017, in Fargo.
This case was investigated by the Grand Forks Police Department, Grand Forks Narcotics Task Force, North Dakota Bureau of Criminal Investigation, and the U.S. Department of Homeland Security – Homeland Security Investigations.
This case was prosecuted by U.S. Attorney Christopher C. Myers, Assistant U.S. Attorney Jake Rodenbiker, and Special Assistant U.S. Attorney Jeremy Ensrud.
http://www.usdoj.gov/usao/nd/
New Town Man Sentenced for Assaulting Infant ChildRead the Press Release
BISMARCK – United States Attorney Christopher C. Myers announced that on October 30, 2017, Kenneth Lee Hall, 23, New Town, North Dakota, pled guilty before Chief United States District Judge Daniel L. Hovland to a charge of Assault Resulting in Serious Bodily Injury. Judge Hovland sentenced Hall to serve 7 years and 6 months in prison, to be followed by 3 years of supervised release.
On December 7, 2016, while under the influence of drugs, Hall picked up and shook an eleven-month-old child multiple times. As a result of Hall’s actions, the child sustained bilateral subdural hematomas, cerebral edema, and bilateral retinal hemorrhaging; all signs of abusive head trauma (previously known as "shaken baby syndrome"). Hall initially lied to law enforcement about the cause of the child’s injuries, but a short time later ultimately admitted to shaking the child multiple times.
This case was investigated by the Federal Bureau of Investigation, with the assistance of the Three Affiliated Tribes Police Department.
Assistant United States Attorney Jonathan O’Konek prosecuted the case.
Chinese National and Eight Others Indicted in North Dakota in "Operation Denial"Read the Press Release
FARGO - US Attorney Christopher C. Myers, along with US Attorney Billy J. Williams, District of Oregon, announced on October 17, 2017, that Jian Zhang, 38, of China, was charged by an Indictment returned on September, 21, 2017, of the following offenses: (1) Conspiracy to Possess with Intent to Distribute and Distribute Controlled Substances and Controlled Substance Analogues Resulting in Serious Bodily Injury and Death; (2) Conspiracy to Import Controlled Substances and Controlled Substance Analogues into the United States Resulting in Serious Bodily Injury and Death; (3) Money Laundering Conspiracy to Conceal the Nature, Location, and Ownership of Proceeds of Specified Unlawful Activity; and (4) International Money Laundering Conspiracy; and (5) Continuing Criminal Enterprise.
The charges come as part of "Operation Denial," an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation into the international trafficking of fentanyl and other lethal drugs, and was significantly aided by the national and international coordination led by the multi-agency Special Operations Division (S.O.D.) near Washington D.C. as part of "Operation Deadly Merchant." The investigation started in North Dakota on January 3, 2015, with the overdose death in Grand Forks of 18-year-old Bailey Henke. Additional defendants charged in this Indictment with drug trafficking conspiracy include:
1. Jason Joey Berry, 34, Quebec, Canada;
2. Anthony Santos Gomes, 33, Davie, Florida;
3. Elizabeth Ton, 26, Davie, Florida;
4. Xuan Cahn Nguyen, 38, Quebec Canada;
5. Marie Um, 37, Quebec Canada;
6. Vannek Um, 39, Quebec, Canada;
7. Linda Van, 25, Quebec, Canada; and
8. Darius Ghahary, 48, Ramsey, New Jersey.
Additional defendants charged in Federal court as a result of this investigation include:
District of North Dakota
1. Daniel Vivas Ceron, 36, Columbia – awaiting trial currently set for February 8, 2018.
2. Jameson Robert Sele, 20, Grand Forks, ND – Pled guilty to Conspiracy to Distribute Controlled Substances and was sentenced on 7/27/15 to 36 months’ in federal prison.
3. Ryan Jon Jensen, 20, Grand Forks, ND – Pled guilty on 2/27/15 to Conspiracy to Distribute Controlled Substances Resulting in Serious Bodily Injury and Death; two Counts of Distribution of a Controlled Substance Resulting in Death; Distribution of a Controlled Substance Resulting in Serious Bodily Injury; and Money Laundering Conspiracy, and was sentenced on 2/2/2016 to 20 years in federal prison.
4. David Todd Noye Jr., 18, Grand Forks, ND – Pled guilty on 5/4/15 to Conspiracy to Distribute Controlled Substances and was sentenced on 1/25/2016 to serve 3 years and 3 months in federal prison.
5. Joshua Tyler Fulp, 20, Grand Forks, ND – Pled guilty on 6/23/15 to Conspiracy to Distribute Controlled Substances Resulting in Serious Bodily Injury and Death and was sentenced to 12 years in federal prison.
6. Kain Daniel Schwandt, 19, Grand Forks, ND - Pled guilty on 7/24/15 to Conspiracy to Distribute Controlled Substances and was sentenced on 1/25/2016 to serve 3 years and 6 months in federal prison.
7. Brandon Corde Hubbard, 40, Portland, OR - Indicted on charges of Conspiracy to Distribute Controlled Substances Resulting in Serious Bodily Injury and Death; Distribution of a Controlled Substance Resulting in Death; and Money Laundering Conspiracy and was sentenced on 07/13/2016 to serve life in federal prison.
8. Ronnie Lee Helms, 30, Acworth, GA - Indicted on charges of Conspiracy to Possess with Intent to Distribute and Distribution of a Controlled Substance and Controlled Substance Analogues Resulting in Serious Bodily Injury and Death. Jury trial is set for 3/7/2017.
9. Braden James Foley, 28, Olympia, WA - Pled guilty on 8/11/2016 to Conspiracy to Possess with Intent to Distribute and Distribution of a Controlled Substance and was sentenced on 11/21/2016 to serve 30 months in federal prison.
District of Oregon
1. Channing Lacey, 30, Portland, Oregon - Plead guilty on 3/28/17 to one Count of Distribution of a Controlled Substance Resulting in Serious Bodily Injury to three individuals and one Count of Distribution of a Controlled Substance Resulting in Death and was sentenced to 135 months imprisonment.
2. Carissa Marie Laprall, 25, Portland, Oregon - Plead guilty on 3/28/17 to three Counts of Distribution of a Controlled Substance Resulting in Serious Bodily Injury and is awaiting sentencing.
3. Steven Fairbanks Locke, 41, Portland, Oregon - Plead guilty on 6/14/17 to Use of a Communication Facility to Facilitate a Drug Offense and is awaiting sentencing.
These cases are being investigated by the Department of Homeland Security - Homeland Security Investigations; Drug Enforcement Administration; United States Postal Inspection Service; Grand Forks Narcotics Task Force; Royal Canadian Mounted Police; Portland, Oregon, Police Bureau – Drugs and Vice Division; Portland HIDTA Interdiction Task Force; Oregon State Police; and the Grand Forks Police Department. The principle mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations and those primarily responsible for the nation’s illegal drug supply.
United States Attorney Christopher C. Myers (North Dakota), Assistant U.S. Attorney Scott Kerin (Oregon), and Adrienne Rose of the Department of Justice - Narcotics and Dangerous Drugs Section, are prosecuting the cases.
## The Indictment in this case is not evidence of guilt. The defendants are presumed innocent unless or until proven guilty beyond a reasonable doubt at trial. ##
Former Cannonball Tribal Councilman Sentenced on Aggravated Sexual Abuse and Incest ChargesRead the Press Release
BISMARCK – Christopher C. Myers announces that on October 6, 2017, former Cannonball Tribal Councilman ROBERT FOOL BEAR, age 55, was sentenced before Chief Judge Daniel L. Hovland on three Counts of Aggravated Sexual Abuse of a Child and one Count of Incest. Fool Bear was sentenced to serve 30 years imprisonment, to be followed by 10 years of supervised release, and was further ordered to pay a total of $400 to the Crime Victims’ Fund.
This case came to the attention of law enforcement after the victim reported to law enforcement that Fool Bear had been sexually abusing her for approximately seven years, including on one occasion kicking her in the ribs. The investigation was conducted by agents from the FBI, as well as the Bureau of Indian Affairs.This case was prosecuted by Assistant United States Attorney Gary Delorme.
Angus, MN, Man Found Guilty for His Role in Drug Conspiracy and MurderRead the Press Release
FARGO – United States Attorney Christopher C. Myers announces that on October 5, 2017, MODESTO TORREZ, age 35, of Angus, MN, was found guilty of: Conspiracy to Possess with Intent to Distribute and Distribute a Controlled Substance; Murder in Furtherance of a Drug Trafficking Conspiracy; Aiding and Abetting in Death Caused by Use of a Firearm During a Crime of Violence or Drug Trafficking Offense; and Obstruction of Justice, by a jury following five days of trial. Torrez was also ordered to forfeit $12,620, which was seized during the investigation.
Law enforcement’s investigation into the murder of Austin Forsman at the Flying J Truck Stop in Grand Forks, ND, in the early morning hours of March 11, 2016, resulted in the indictment of thirteen conspirators in connection with a methamphetamine ring in the Grand Forks area. Torrez, together with Krystal Lynn Feist, were charged with the murder of Forsman, as well as the drug trafficking conspiracy. Torrez was found guilty of being the leader of the conspiracy to traffick methamphetamine in the area, as well as for ordering the murder of Austin Forsman and obstructing justice. Krystal Feist had previously pled guilty for her role in the murder and drug trafficking conspiracy.
Sentencing has been scheduled for 11:00 a.m. on Friday, December 1, 2017, in Fargo, ND.
This case was investigated by the Grand Forks Police Department, Grand Forks Narcotics Task Force, North Dakota Bureau of Criminal Investigation, and the Department of Homeland Security – Homeland Security Investigations.
This case was prosecuted by U.S. Attorney Christopher C. Myers, Assistant U.S. Attorney Jake Rodenbiker, and Special Assistant U.S. Attorney Jeremy Ensrud.
Twin Buttes Man Found Guilty of Multiple Child Molestation OffensesRead the Press Release
BISMARCK - United States Attorney Christopher C. Myers announced that on September 14, 2017, following a three-day trial, a federal jury convicted Lonnie Dale Spotted Bear, 73, of Twin Buttes, ND, on two Counts of Aggravated Sexual Abuse of a Child, one Count of Attempted Aggravated Sexual Abuse of a Child, and one Count of Abusive Sexual Contact of a Child.
Evidence presented at trial demonstrated that, during a five-year period, Spotted Bear molested three girls, all of whom were under the age of twelve. Specifically, Spotted Bear gained access to, isolated, and individually molested each of the girls. Additionally, evidence at trial demonstrated that when Spotted Bear learned that two of his victims disclosed that he molested them, he attempted to intimidate and influence their guardians.
Sentencing for Lonnie Dale Spotted Bear has been scheduled for December 20, 2017, at 2:30 p.m., in Bismarck, ND.
This case was investigated by the Federal Bureau of Investigation.
Assistant United States Attorney Jonathan O'Konek prosecuted the case.
Former UND Flight Instructor Sentenced on Child Pornography ChargesRead the Press Release
FARGO – United States Attorney Christopher C. Myers announced that on September 5, 2017, former University of North Dakota Flight Instructor ERIC HEWITT BASILE, age 38, of Grand Forks, ND, was sentenced before United States District Court Judge Ralph R. Erickson to serve 16 ½ years in prison for his role in Receiving and Distributing Materials Containing Child Pornography, as well as Possession of Materials Containing Child Pornography. Judge Erickson further sentenced Basile to serve 15 years of supervised release and to pay $24,000 in special assessments to the Crime Victims’ Fund.
This case came to the attention of law enforcement after two University of North Dakota students separately reported to the UND Police Department that Basile, a then-UND faculty member, had engaged in inappropriate behavior. Based upon those reports, the UND Police Department seized Basile’s UND-issued computer for forensic examination. A preliminary search of the computer revealed child pornography, at which point the matter was turned over to agents with the Department of Homeland Security - Homeland Security Investigations and the North Dakota Bureau of Criminal Investigation for further investigation. During the course of their investigation, law enforcement obtained search warrants for Basile’s office and home, at which time additional media was seized. A subsequent forensic examination of this media revealed additional child pornography videos and images depicting children as young as babies and toddlers being violently sexually abused. The investigation also revealed that Basile traded some of those images and videos with other individuals and also engaged in online chats with those individuals, wherein he discussed his desire to sexually abuse young children.
This case is the result of an investigation conducted by the University of North Dakota Police Department, Grand Forks Police Department, Department of Homeland Security – Homeland Security Investigations, and the North Dakota Bureau of Criminal Investigation.
Assistant United States Attorney Jennifer Klemetsrud Puhl prosecuted the case.
http://www.usdoj.gov/usao/nd