District of Idaho

BOISE –  James Stewart Maxheimer, 46, of Meridian was sentenced yesterday in United States District Court to 72 months in prison, followed by five years of supervised release, for possession of child pornography, U.S. Attorney Bart M. Davis announced.

According to the plea agreement, between May and June of 2016, detectives with the Internet Crimes Against Children (ICAC) Task Force downloaded images of child pornography from the defendant’s computer using a peer to peer network.  On July 13, 2016, ICAC detectives served a search warrant at the defendant’s residence in Boise.  They discovered an external hard drive hidden in an “Asteroids” video game console, and two laptop computers.  The defendant admitted downloading images of child pornography using the peer to peer network on his computer, and to storing the images on the external hard drive.  In all, detectives discovered 10,172 images and 378 videos depicting child pornography, including images of infants, toddlers, and children subjected to sadistic and masochistic conduct.

Chief U.S. District Judge B. Lynn Winmill also ordered Maxheimer to pay $5,100 in special assessments and forfeit the external hard drive and two laptop computers used in the commission of the charged offense.  As a result of his conviction, Maxheimer will be required to register as a sex offender.

The case was investigated by the Idaho Internet Crimes Against Children Task Force, and was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  As part of Project Safe Childhood, the U.S. Attorney’s Office for the District of Idaho and the Idaho Attorney General’s Office partner to marshal federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.

For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. 

For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”

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BOISE –  Chief U.S. District Judge B. Lynn Winmill sentenced the remaining two defendants in an “operation homeless” bank fraud prosecution, U.S. Attorney Bart M. Davis announced.  Travis Bolston, 36, of Atlanta, Georgia, was sentenced to time served, which amounted to approximately nine months (he was held in custody after his arrest).  Leshelica Reese, 39, of Atlanta, Georgia, also was sentenced to time served, but with three additional months of home detention.  On March 12, 2018, their co-defendant, Daronte Jones, 40, of Decator, Georgia, was sentenced to time served, which amounted to approximately seven months (he was held in custody after his arrest).

All defendants pleaded guilty to conspiracy to commit bank fraud for participating in an “operation homeless” bank fraud scheme.  According to the defendants’ plea agreements, their group stole checks that local businesses had placed in the mail.  The defendants then made forged checks drawn on the bank accounts of those local businesses.  Jones and Bolston then went to downtown Boise and persuaded a homeless man to cash the checks for them, initially promising him that he would be given a chance to work to earn money.  Jones and Bolston then sent the homeless man into three different bank branches to cash the checks for them while they remained outside in a vehicle in case their fraud was detected.  Jones and Bolston received the proceeds and, after leaving the area of the banks, handed them off to Reese.

Fortunately, the banks became suspicious and notified law enforcement.  The Boise Police Department caught Bolston, Jones, and Reese with the evidence of their crimes.

The case was investigated by the United States Postal Inspection Service and the Boise Police Department.

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BOISE – Adamsely Mendoza Mercado, 41, of Nampa, Idaho, was sentenced today to 151 months in prison followed by ten years of supervised release for distribution of methamphetamine, U.S. Attorney Bart M. Davis announced.  A federal grand jury indicted Mercado on September 14, 2017.

According to court records, law enforcement used an undercover officer to arrange the purchase of three ounces of methamphetamine from Mercado.  The officer met Mercado at his residence in Nampa, Idaho.  The officer provided Mercado with cash and Mercado provided the officer with three ounces of methamphetamine.  The Idaho State Police Forensics Lab determined over fifty grams was pure methamphetamine.

This case was investigated by the Treasure Valley Metro Violent Crimes Task Force.  The Task Force is comprised of federal, state and local agencies, including the Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; Boise Police Department; Ada County Sheriff’s Office; Caldwell Police Department; Nampa Police Department; Meridian Police Department; Canyon County Sheriff’s Office; and Idaho Department of Probation and Parole.

This case was prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership and the State of Idaho to address gang crimes.  The Treasure Valley Partnership is comprised of a group of elected officials in southwest Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth.  For more information, visit treasurevalleypartners.org.

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BOISE – Raul Efrain Lopez Jr., 36, of Nampa, Idaho, pleaded guilty today to unlawful possession of a firearm, U.S. Attorney Bart M. Davis announced.  A federal grand jury indicted Lopez on January 9, 2018.  The indictment alleged that Lopez possessed a firearm after previously being convicted of a felony crime.

According to court documents, in November 2017, law enforcement stopped Lopez while he was driving in Nampa, Idaho, and arrested him on an outstanding warrant.  Officers could see firearms in the backseat of the car and subsequently located a shotgun, three rifles, a handgun, ammunition, and magazines.  Lopez is prohibited from possessing firearms due to a felony conviction for possession of a controlled substance.

Unlawful possession of a firearm is punishable by up to ten years imprisonment, three years of supervised release, a $250,000 fine, and a $100 special assessment.

Sentencing is set for July 10, 2018, before Senior U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.

This case was investigated by the Treasure Valley Metro Violent Crimes Task Force.  The Task Force is comprised of federal, state and local agencies, including the Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; Boise Police Department; Ada County Sheriff’s Office; Caldwell Police Department; Nampa Police Department; Meridian Police Department; Canyon County Sheriff’s Office; and Idaho Department of Probation and Parole. 

This case is being prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership and the State of Idaho to address gang crimes.  The Treasure Valley Partnership is comprised of a group of elected officials in southwest Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth.  For more information, visit treasurevalleypartners.org. 

BOISE – A Boise federal grand jury has indicted four current correctional officers employed by the Idaho Department of Correction (“IDOC”), U.S. Attorney Bart M. Davis announced.  In another case, the grand jury indicted a former IDOC correctional officer, a former IDOC inmate and the inmate’s associate.

Both cases were indicted on April 10, 2018, and all seven defendants were arrested earlier today.  One indictment charges four IDOC correctional officers with several federal offenses as follows:

• IDOC correctional officer Timothy Landon, 35, of Boise, is charged with two counts of conspiracy to aid and abet the distribution of controlled substances and one count of possession and transportation of contraband cigarettes;
   
• IDOC correctional officer Richard McCollough, 36, of Boise, is charged with one count of conspiracy to aid and abet the distribution of controlled substances, two counts of possession of a firearm in furtherance of a drug trafficking crime and one count of distribution of cocaine;
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• IDOC correctional officer Eric Thompson, 38, of Star, is charged with one count of conspiracy to aid and abet the distribution of controlled substances, two counts of possession of a firearm in furtherance of a drug trafficking crime and one count of distribution of cocaine; and
   
• IDOC correctional officer Robert Wallin, 35, of Boise, is charged with one count of conspiracy to aid and abet the distribution of controlled substances and one count of possession and transportation of contraband cigarettes.

The case arose out of the defendants’ willingness to participate in a large-scale drug trafficking organization and to use their positions as IDOC employees to assist in illegal activity. 

The charges of conspiracy to aid and abet the distribution of controlled substances and distribution of cocaine are punishable by a minimum of ten years in prison up to life and a $10,000,000 fine.  The charge of possession of a firearm in furtherance of a drug trafficking crime is punishable by a minimum of five years in prison in addition to the sentence for the underlying drug crime.  A second conviction for this offense carries with it an additional 25-year prison sentence to run consecutively to the first conviction for this offense and the underlying drug crime.  The charge of possession and transportation of contraband cigarettes is punishable by up to five years in prison and a $250,000 fine.

The second indictment charges former IDOC correctional officer Joshua Barney, 43, of Boise, former IDOC inmate Colin McIntyre, 27, of Stanfield, Oregon, and McIntyre’s associate, Tiffany Culbertson, 23, of Meridian, each with one count of conspiracy to commit Hobbs Act extortion under color of official right, two counts of Hobbs Act extortion under color of official right, one count of conspiracy to use a facility in interstate commerce in furtherance of unlawful activity and two counts of use of a facility in interstate commerce in furtherance of unlawful activity.

This case arose out of the defendants’ scheme to smuggle contraband into an IDOC prison facility.  Hobbs Act violations are punishable by up to 20 years in prison and a $250,000 fine.  Conspiracy to use, and using, a facility in interstate commerce in furtherance of unlawful activity is punishable by up to five years in prison and a $250,000 fine.

The indictments resulted from an investigation initiated by the Federal Bureau of Investigation (FBI) at IDOC’s request to address concerns of corruption among IDOC correctional officers.  In addition to the FBI, the Boise Police Department, the Meridian Police Department, and the Ada County Prosecutor’s Office participated in the investigation.

An indictment is a means of charging a person with criminal activity.  It is not evidence.  A person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

BOISE – A federal grand jury indicted David Brannum, 55, of Washougal, Washington, and formerly of Caldwell, Idaho, for preparing false income tax returns, U.S. Attorney Bart M. Davis announced. 

Brannum operated a tax preparation business called “Dave’s Tax Service” in Idaho in tax years 2011, 2012, and 2013.  The indictment alleges that Brannum falsified certain itemized deductions in his clients’ federal income tax returns to improperly decrease their tax liability and to inflate their tax refunds.  Many clients were subsequently audited and paid back taxes and penalties.  The indictment charges Brannum with thirty-one counts of aiding and assisting in the filing of false and fraudulent income tax returns.

Aiding and assisting in the filing of fraudulent federal income tax returns is punishable by up to three years in prison, a $250,000 fine, and up to one year of supervised release.

The case was investigated by the IRS Criminal Investigations division.

An indictment is a means of charging a person with criminal activity.  It is not evidence.  A person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

BOISE – It is with great sadness that we announce the passing of renowned federal prosecutor Michael Joseph Fica on Sunday April 8, 2018.  Mike was admitted to the bar in 1997, and began his career with a two-year clerkship with the Honorable Chief Judge B. Lynn Winmill.  He was hired by then-U.S. Attorney Betty H. Richardson in 1999.  Over Mike’s nineteen-year career with the United States Attorney’s Office, working under four United States Attorneys, he filed more than 500 indictments and prosecuted more than 1,000 defendants.  He prosecuted a broad range of cases, but focused on illegal drugs and organized crime, working closely with federal agencies and with the Idaho State Police in eastern Idaho and around the state.  He became the head of the Organized Crime and Drug Enforcement Task Force in 2011.

In addition to Mike’s prosecutorial duties, he brought his tremendous energy and humor to teaching, working as an instructor for Trial Advocacy and other courses for the Department of Justice at the National Advocacy Center in Columbia, South Carolina.  He played a key role in bringing the National High School Mock Trial Championship to Boise in 2016, and enjoyed working with high school students on mock trials for years.  Mike also worked as a 5th District Official high school sports referee for eighteen years.

Mike’s absence will be felt particularly strongly in Pocatello, where he worked closely with five colleagues.  He will also be missed by all 62-members of the office and by countless others with whom he worked over the years.

“Mike used his tremendous intelligence, his remarkable ability to juggle many things, his empathy, and his humor to tremendous effect.  His devotion to public service, to his community, and to his family was profound,” said U.S. Attorney Bart Davis.  “He will be missed, and his positive effect on the world around him will be missed as well.”

“Mike was a remarkable colleague.  He had an inherent sense of justice and fair dealing.  He had tremendous energy, smarts, and humor.  And he brought all those things to his job every day.  We will all miss him very, very much but we will work diligently to honor his memory,” said Pocatello Branch Manager, AUSA Jack Haycock.

Mike leaves behind him his wife, Ila Marie Fica, to whom he was married for 27 years; their five children, Zachary, Emily, David, Joseph and Benjamin; his brother, Thomas; his mother, Dorothy; his mother-in-law, Bette Woolsey; and his father-in-law, Ray Bingham.  Mike was 49 years old. 

Mike was preceded in death by his father, Thomas Cruz Fica.

BOISE – Ryan E. Curtis, 44, of Nampa Idaho, pleaded guilty on April 4, 2018, in the United States district court to distribution of fentanyl and methamphetamine resulting in death, U.S. Attorney Bart M. Davis announced.  Curtis was indicted by a federal grand jury in Boise on January 9, 2018.

According to court records, on August 13, 2017, Ryan Curtis distributed fentanyl to D.S. in Nampa Idaho.  In Curtis’ presence, D.S. ingested a portion of the fentanyl, overdosed and lost consciousness.  Instead of calling 911, Curtis attempted to revive D.S. by injecting him with methamphetamine.  D.S. ultimately died from the drugs.

The charge of distribution of fentanyl and methamphetamine resulting in death is punishable by a mandatory minimum term of imprisonment of 20 years up to life, a term of supervised release of at least three years, and a maximum fine of $1,000,000.

Sentencing is set for July 3, 2018, before Senior U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.

The case was investigated by the Nampa Police Department and the Drug Enforcement Administration.    

The case was prosecuted by the Special Assistant U.S. Attorney hired by the Ada County Prosecuting Attorney’s Office and the Idaho High Intensity Drug Trafficking Area Board.  The Idaho High Intensity Drug Trafficking Board is a collaboration of local law enforcement drug task forces and prosecuting agencies dedicated to addressing regional drug trafficking organizations that operate in Ada, Canyon, and Malheur County.

BOISE - Justin Gomez, 29, of Barstow, California, was sentenced yesterday in United States district court for possession with intent to distribute methamphetamine, U.S. Attorney Bart M. Davis announced.  Senior U.S. District Judge Edward J. Lodge sentenced Gomez to 240 months in prison.   Judge Lodge also ordered Gomez serve an additional five years of supervised release upon his release from prison.

A federal jury found Gomez guilty of the crime after a two-day trial in April 2017.  The evidence presented at trial showed that Gomez and his co-defendant, Salvador Gonzalez, traveled from southern California to Boise, Idaho, to distribute a large quantity of methamphetamine.  Local and federal law enforcement officers discovered the conspiracy and intervened.  On September 11, 2015, in Meridian, Idaho, both Gomez and Gonzalez were arrested with over two pounds of pure methamphetamine in their possession. 

Gonzalez pleaded guilty before trial to two counts of possession with intent to distribute methamphetamine.  On November 9, 2016, Judge Lodge sentenced Gonzalez to 120 months in prison.

The case was investigated by the Drug Enforcement Administration and Ada County Sheriff’s Office. 

The case was prosecuted by the Special Assistant U.S. Attorney hired by the Ada County Prosecuting Attorney’s Office and the Idaho High Intensity Drug Trafficking Area Board.  The Idaho High Intensity Drug Trafficking Board is a collaboration of local law enforcement drug task forces and prosecuting agencies dedicated to addressing regional drug trafficking organizations that operate in Ada, Canyon, and Malheur County.

POCATELLO – Joseph Lavern Harris, 30, and Elizabeth Dawn Evans, 27, of Rigby, Idaho, were indicted on March 27, 2018, by a federal grand jury for one count of sexual exploitation of a minor child, U.S. Attorney Bart M. Davis announced.  Harris and Evans made their initial appearance on the charge on March 30, 2018, where they entered not guilty pleas.  Trial is set for June 4, 2018, before Chief U.S. District Judge B. Lynn Winmill, at the federal courthouse in Pocatello.

The indictment alleges that on or between December 2017, and February 25, 2018, Harris and Evans knowingly employed, used, persuaded, induced, enticed or coerced a minor child to take part in sexually explicit conduct for the purpose of producing a visual depiction of that conduct.  The two are charged in the alternative with aiding and abetting the crime.  The indictment also calls for the forfeiture of real and personal property associated with the offense.

The charge of sexual exploitation of a minor child is punishable by a minimum 15 years in prison, up to 30 years in prison, a maximum fine of $250,000, and up to a lifetime of supervised release.  The case is being investigated by Homeland Security Investigations and the Jefferson County Sheriff’s Office.

An indictment is a means of charging a person with criminal activity. It is not evidence. The person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.  For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”

COEUR D'ALENE – Robin Jo Rose, 31, of Lewiston, Idaho, was sentenced yesterday to 120 months in federal prison, to be followed by ten years of supervised release, for her role in distributing methamphetamine, U. S. Attorney Bart M. Davis announced.  Senior U. S. District Judge Edward J. Lodge also ordered that Rose forfeit $7,000 in cash.  Rose pleaded guilty to the charge on November 30, 2017. 

Rose is one of seven individuals under federal indictment in a multistate drug ring.  The investigation initially centered on methamphetamine and heroin dealers within Lewiston, Clarkston, and the Nez Perce Indian Reservation.  The investigation expanded to distributors bringing methamphetamine and heroin into Idaho from Oregon and Washington.  Four other defendants linked to the drug ring have already been sentenced: 

• Salvador Saucedo, 27, of Milton-Freewater, Oregon, was sentenced on September 27, 2017, to 10 years in federal prison;
• Brice Heimgartner, 25, of Clarkston, Washington, was sentenced on September 29, 2017, to 37 months in federal prison;
• Andrew Byers, 28, of Craigmont, Idaho, was sentenced on November 30, 2017, to 10 years in federal prison;
• Kyle Seidel, 32, of Lewiston, Idaho, was sentenced on February 1, 2018, to 10 years in federal prison.

 

Law enforcement officers seized over 1,000 grams of pure methamphetamine, heroin, guns and cash, during searches and arrests occurring in Idaho, Washington, and Oregon.  The Nez Perce County Prosecutor’s Office coordinated with the U.S. Attorney’s Office to bring several of these individuals into federal custody.

 “I am very thankful for the effort of our local law enforcement agencies, the FBI, and the work of the U.S. Attorney’s Office.  Our partnership is effectively removing drug dealers from the community and having a serious impact,” said Nez Perce County Prosecutor, Justin Coleman. 

“I am grateful for the city, county, state, and federal collaboration, investigation and prosecution, that makes outcomes like this one possible,” said U.S. Attorney Bart Davis. “Our local communities and nation are experiencing a drug epidemic.  Work like this is the beginning of a safer, stronger and healthier Idaho.”

Several local, state and federal agencies participated in the investigation and prosecution, including:  the Federal Bureau of Investigation, Nez Perce County Prosecutor’s Office, Lewiston Police Department, Idaho State Police, Blue Mountain Enforcement Narcotics Team, and the Quad Cities Drug Task Force. 

The prosecution is brought under the Department of Justice’s Organized Crime and Drug Enforcement Task force (OCDETF).  The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.  

POCATELLO – Michael Simmons, 33, of Pocatello, Idaho, pleaded guilty yesterday to distribution of a controlled substance analogue resulting in death, U.S. Attorney Bart M. Davis announced.  Simmons was indicted by a federal grand jury in Pocatello on September 13, 2017.

According court documents, on June 17, 2016, Simmons distributed a Schedule I synthetic opioid commonly known as U-47700 to victim, A.D., in Pocatello, Idaho.   Simmons knew that it was a prohibited substance when distributed for human consumption, and knew that it would have the same effect on the central nervous system as an illegal substance.  Simmons distributed the analogue for A.D.’s consumption.  A.D. consumed the analogue, which caused A.D.’s death.         

The charge for distribution of a controlled substance analogue resulting in death is punishable by a mandatory minimum of 20 years in prison up to life, a maximum fine of $2,000,000, and at least three years of supervised release. 

Sentencing is set for June 20, 2018, before Chief U.S. District B. Lynn Winmill at the federal courthouse in Pocatello.

“Our nation is in the midst of an opioid epidemic and Idaho is not immune from it,” Davis said.  “The Department of Justice has made combatting the opioid crisis a priority.  As in this case, my office and federal law enforcement agencies are dedicated to partnering with state and local law enforcement and prosecutors to battle this epidemic.” 

The case was investigated by the Department of Homeland Security/Immigration and Customs Enforcement/Homeland Security Investigations, the Pocatello Police Department and the Drug Enforcement Administration, with assistance from the Idaho State Police and the Pocatello Fire Department.

COEUR D'ALENE – Alex James Spooner, 23, of Coeur d’Alene, Idaho, pleaded guilty Tuesday to unlawful acquisition of a firearm, U.S. Attorney Bart M. Davis announced.  Spooner was indicted by a federal grand jury on January 17, 2018. 

According to court records, Spooner committed what is commonly known as a “lie and buy” gun crime.  A “lie and buy” gun crime occurs when someone buys a gun on behalf of another person while falsely claiming that it is for themselves.  Spooner bought seven firearms for another person living in North Dakota.  In doing so, Spooner lied to the gun seller by claiming the guns were for him.  Four of the guns that Spooner bought ended up in Chicago.  Within eight days of Spooner’s purchase of one of the firearms, it was used in a shooting in Chicago.  Another gun bought by Spooner was found 13 days later during a search warrant execution in Chicago.

Sentencing is set for June 19, 2018, before U.S. District Judge David C. Nye at the federal court house in Coeur d’Alene.    

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the North Idaho Violent Crime Task Force and the Chicago Police Department.

“Lie and buy gun crimes are particularly pernicious,” U.S. Attorney Bart Davis said.  “These guns very often end up in the hands of violent individuals who can’t buy guns because of their criminal history.”  Davis went on to praise the cooperative efforts of the law enforcement agencies:  “The coordinated efforts of the ATF, the Chicago Police Department and the North Idaho Violent Crime Task Force are to be commended.”

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.  Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.  In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

BOISE – Camron D. Brown, 21, of Mountain Home, Idaho, pleaded guilty on Tuesday to six counts of interference with commerce by robbery (Hobbs Act) and one count of brandishing a firearm during and in relation to a crime of violence, U.S. Attorney Bart M. Davis announced.  A Boise federal grand jury indicted Brown on May 9, 2017.

At the hearing, Brown admitted to robbing six businesses at gun point: Jackson’s Food Store and Elements Massage on February 20, 2017; Human Bean Coffee stand on February 21, 2017; Game Stop on February 25, 2017; Continental Loans on March 8, 2017; and Motel 6 on March 13, 2017.  During each robbery Brown brandished a firearm and demanded money. 

U.S. Attorney Bart M. Davis stated: “Thanks to the cooperative efforts of our local and federal law enforcement partners, Mr. Brown’s extensive violent crime spree that targeted hard working members of our community will result in an appropriately lengthy prison sentence.  There will be no tolerance of those who show a total and repeated disregard for law and order in the District of Idaho.  Given that there is no parole in the federal system, it is important for law enforcement to consider federal prosecution in these types of cases.”

The charge of interference with commerce by robbery is punishable by up to 20 years in prison, a maximum fine of $250,000, and a term of up to three years of supervised release.  The charge of brandishing a firearm during and in relation to a crime of violence is punishable by up to life and at least seven years consecutive to any other sentence, a maximum fine of $250,000, and a term of at least five years of supervised release. 

Sentencing is set for June 11, 2018, before the Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise.

This case was investigated by the Boise City Police Department, Nampa City Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  This was a collaborative effort as part of Project Safe neighborhoods, a joint effort among local, state and federal law enforcement authorities aimed at reducing gang and gun violence.

BOISE – Cheri Susan Thomas, 37, of Meridian, Idaho, pleaded guilty yesterday to obtaining controlled substances by fraud, identity theft, and misbranding a drug while held for sale, U.S. Attorney Bart M. Davis announced.  A Boise federal grand jury indicted Thomas on January 9, 2018.

According to court records, Thomas was employed as a nurse practitioner by a medical facility with multiple facilities in Idaho.  Each facility had a locked cabinet where controlled substances were kept.  Thomas did not have access to the locked cabinets. On at least seven occasions, however, Thomas accessed the cabinets at different facilities, and took bottles of Schedule II controlled substances, including hydrocodone.  Thomas then replaced the controlled substances with different medications, resealed the bottles and placed them back in the cabinets.  For example, on October 31, 2017, Thomas knowingly and intentionally removed a bottle of hydrocodone/APAP 10mg/325mg containing 20 tablets.  She removed the hydrocodone pills, replaced them with Flexeril tablets, and put the bottle back into the cabinet. The replacement of the controlled substances with other medication caused the drugs to be misbranded because the labeling became false and misleading as to the bottle’s contents.  In addition, when Thomas replaced the misbranded drug back into the cabinet, she moved the pack of bottles around to place the misbranded drugs in the back.

On two occasions, Thomas knowingly and intentionally forged fraudulent prescriptions to herself using another provider’s information.  For example, on October 26, 2017, Thomas forged a prescription for hydrocodone/APAP 10mg/325mg using another provider’s information to facilitate the crime of obtaining controlled substances by fraud.  The other provider never saw Thomas as a patient and did not authorize the prescription. Thomas fraudulently filled the prescription in Meridian, Idaho, obtaining 30 tablets of hydrocodone/APAP 10mg/325mg.

The charge of obtaining controlled substances by fraud is punishable by up to four years in prison, a maximum fine of $250,000, and a term of one year of supervised release.  The charge of identity theft is punishable by up to 20 years in prison, a maximum fine of $250,000, and a term of three years of supervised release. The charge of misbranding a drug while held for sale is punishable by up to three years in prison, a maximum fine of $250,000, and a term of one year of supervised release.

Sentencing is set for June 5, 2018, before Senior U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.

This case was investigated by the Drug Enforcement Administration led Tactical Diversion Squad, the Ada County Sheriff’s Office, and the Food and Drug Administration Office of Criminal Investigations.

BOISE – Josue Daniel Alfaro, a/k/a Danny Alfaro, a/k/a the “Great Outdoors Bandit,” age 32, of Portland, Oregon, was sentenced today in United States District Court to 63 months in prison, followed by three years of supervised release, for the crimes of bank robbery and attempted bank robbery.  Chief United States District Judge B. Lynn Winmill also ordered Alfaro to pay $31,216 in restitution to the six victim banks and to forfeit $28,930 in unrecovered cash proceeds and $2,826 in recovered cash proceeds.  Previously, on December 20, 2017, Alfaro pleaded guilty to Counts 1, 3, 5, 7, 9, and 11 of the indictment.

According to the plea agreement, Alfaro admitted to robbing and attempting to rob, the following banks on the following dates and in the following amounts:

-On December 21, 2016, the U.S. Bank at 10500 West Overland Road in Boise, Idaho for $3,174;

-On December 21, 2016, the Idaho Central Credit Union at 1615 South Celebration Avenue in Meridian, Idaho for $2,100;

-On March 24, 2017, the Bank of the West at 9140 West Emerald Street in Boise, Idaho for $3,469;

-On May 24, 2017, the Alpine Credit Union at 351 East 800 South in Orem, Utah for $12,736;

-On August 7, 2017, the Bank of the West at 9140 West Emerald Street in Boise, Idaho.  Attempted robbery, no loss;

-On August 7, 2017, the Pioneer Federal Credit Union at 850 East Fairview Avenue in Meridian, Idaho for $9,637;

-On August 7, 2017, the Clarity Federal Credit Union at 555 South Meridian Road in Meridian, Idaho for $100. 

According to the plea agreement, for each of the robberies, Alfaro obscured his face with a baseball cap and black sunglasses.  He provided the tellers with notes demanding money.  One of the notes, provided to the Idaho Central Credit Union on December 21, demanded $40,000 in large bills.  Another note, provided to the Bank of the West on March 24, stated: “Give me money or I will shoot the teller next to you.”  Yet another note, provided to the Pioneer Federal Credit Union on August 7, stated: “give me all of your hundred dollar bills, I have a gun.”

In total, Alfaro robbed $31,216 from the six banks and credit unions, whose deposits were federally insured.   

According to the plea agreement, on August 13, 2017, Alfaro was arrested at Los Angeles International Airport attempting to board an international flight to Brussels, Belgium.  In his carry-on bag, Alfaro possessed $2,826 in cash that he obtained from the robberies.

The case was investigated by the Federal Bureau of Investigation (Boise, Salt Lake City, and Los Angeles field offices), the Boise Police Department, and the Meridian Police Department.

POCATELLO –  Alfredo J. Padilla, 59, of Pocatello, Idaho, was sentenced today in United States District Court to 180 months in federal prison, followed by a life term of supervised release, for sexual exploitation of a minor, U.S. Attorney Bart M. Davis announced.  U.S. District Judge David C. Nye also ordered Padilla to pay $5,100 in special assessments and forfeit the devices used in the commission of the charged offense.  Although Judge Nye ordered Padilla to pay the victim restitution, the amount of restitution is to be determined at a later hearing.  Padilla pleaded guilty to the crime on October 30, 2017.

According to the plea agreement, Padilla coerced a 12-year old girl to take pictures of her exposed breasts, then forced her to pose for pictures of her exposed vagina.  A forensic search of Padilla’s phone revealed 43 images relevant to the case, and images of Padilla were interspersed with images of the young girl.  When interviewed by police, Padilla admitted to taking the pictures.  In court, Padilla admitted to taking pornographic photographs of the child and to using, persuading, or coercing the child to take part in sexually explicit conduct for the purposes of producing the photographs.  Padilla’s criminal conduct was discovered when his victim disclosed abuse to her counselor.

The case was investigated by the Pocatello Police Department and U.S. Immigration and Custom Enforcement’s (ICE) Homeland Security Investigations (HSI).

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.  For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”

COEUR D'ALENE – Roy James Broncheau, 35, of Kamiah, Idaho, was sentenced yesterday in federal court in Coeur d’Alene to 24 months in prison for strangulation, U.S. Attorney Bart M. Davis announced.  Chief U.S. District Court Judge B. Lynn Winmill also ordered three years of supervised release following Broncheau’s release from prison.

On December 6, 2017, Broncheau, an enrolled Nez Perce tribal member, pleaded guilty to the federal crime of strangulation.  His guilty plea stemmed from his strangulation or attempted strangulation of his female partner.  The assault occurred on the Nez Perce tribal reservation. 

The federal crime of strangulation, codified at 18 U.S.C. § 113(a)(8), became effective in March 2013.   As in this case, the crime is most often used by federal prosecutors to charge defendants who commit non-fatal strangulation offenses against a spouse, intimate partner or dating partner.  The statute defines "strangling" as "intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of a person by applying pressure to the throat or neck, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim."  The statute also covers suffocation and attempted strangulation or suffocation.

The case was investigated by the Nez Perce Tribal Police Department and the Federal Bureau of Investigation.

BOISE - Michael Jeffrey Sanders, 27, of Boise, Idaho, was sentenced today in United States District Court to 58 months in prison, followed by three years of supervised release, for the crime of unlawful possession of a firearm, U.S. Attorney Bart M. Davis announced.  U.S. District Judge David C. Nye also ordered Sanders to forfeit the firearms involved in the offense.  On November 7, 2017, Sanders pleaded guilty to one count of unlawful possession of a firearm. 

According to the plea agreement, on January 19, 2017, Boise Police pulled over a car Sanders was driving for a traffic violation.  In the back seat of the car, wrapped in a shirt, Sanders possessed a short-barreled shotgun under the driver’s seat.  Sanders admitted to having handled the shotgun and placing it under the seat.  The barrel of the shotgun measured less than 18 inches.

According to the plea agreement, on June 24, 2016, Boise Police pulled over a car in which Sanders was a passenger for speeding.  Underneath the passenger seat of the car, Sanders possessed a loaded Sig Sauer P232 9mm handgun, with an obliterated serial number.  Inside the car, in a backpack, Sanders possessed used and unused syringes, Q-tips, baggies, a digital scale, and a box of hollow point ammunition.

According to the plea agreement, Sanders was convicted on May 16, 2014 of possession of a controlled substance, a crime punishable by imprisonment for a term exceeding one year, and thus, could not legally possess firearms. 

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Boise Police Department.

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.  Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.  In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

COEUR D’ALENE – Heather R. King, 31, of Coeur d’Alene, Idaho, pleaded guilty yesterday to theft of government funds, U.S. Attorney Bart M. Davis announced.

According to court records, King’s daughter received Supplemental Security Income (SSI) benefits administered by the Social Security Administration (SSA). King served as her daughter’s representative payee because her daughter was a minor child. From May 17, 2014, through October 1, 2015, King did not have custody of her daughter, but she continued to receive her daughter’s SSI benefits. King did not contact the SSA to report that her daughter no longer lived with her. Instead, she stole her daughter’s SSI benefits and converted them to her own use.

The charge of theft of government funds is punishable by up to ten years in prison, a maximum fine of $250,000, and a term of up to three years of supervised release. Sentencing is set for May 22, 2018, before the Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Coeur d’Alene.

 This case was investigated by the Social Security Administration Office of Inspector General.

BOISE – Dale Wayne Jensen, 48, of Twin Falls, Idaho, was sentenced today to 16 months in prison by Chief U.S. District Court Judge B. Lynn Winmill, U.S. Attorney Bart M. Davis announced.

Jensen was indicted by the federal grand jury on June 15, 2017, for the crime of unlawful possession of firearms by a felon.  Jensen pleaded guilty on November 28, 2017.  The crime occurred on March 14, 2017, when Twin Falls County Sheriff’s Deputies served a search warrant at Jensen’s residence.  During the search of Jensen’s residence, police found five firearms, and approximately eight pounds of marijuana and marijuana concentrate.  Jensen admitted that the firearms were his and he was manufacturing marijuana concentrate.  Marijuana concentrate is a powerful substance that may look like wax.  It is made by extracting THC (tetrahydrocannabinol), the psychoactive chemical in marijuana, from the marijuana.  Jensen was prohibited from possessing the firearms because of his prior felony conviction for possessing controlled substance in Twin Falls, Idaho, on October 18, 2002.

Judge Winmill also ordered Jensen to serve three years of supervised release upon his release from federal prison. 

The case was investigated by the Twin Falls County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

POCATELLO – Michael Hendrickson, 56, Idaho Falls, was sentenced yesterday to one year of confinement, including six months of imprisonment and six months of home detention, for filing a false claim with the United States Department of Energy, U.S. Attorney Bart Davis announced.   Hendrickson pleaded guilty to the charge in November 2017. 

Hendrickson worked for Paramount Supply of Idaho Falls.  In April 2009, Hendrickson created another business entity.  Both Paramount Supply and Hendrickson’s other business sold equipment to the Department of Energy at the Idaho National Laboratory (INL).  In June and July 2010, while still employed with Paramount Supply, Hendrickson ordered a number of valves and transmitters from Paramount for the INL.  Hendrickson shipped the items to the INL and billed Battelle Energy Alliance, the contractor which operates the INL for the U.S. Department of Energy, approximately $80,000 for the items.  The bill submitted by Hendrickson to the INL fraudulently represented that the items were being sold to the government by Hendrickson’s other business, not Paramount, and payment went to Hendrickson’s business.  Actually, the items had been paid for by Paramount Supply.  Because of Hendrickson’s false claim, the government paid Hendrickson’s business for the items which had been stolen from Paramount Supply. 

U.S. District Judge David C. Nye also ordered Hendrickson to pay restitution of $337,000 to Paramount and ordered that Hendrickson pay a fine of $5,000 and be on supervised release for three years.

The case was investigated by the Federal Bureau of Investigation and the Department of Energy Office of Inspector General.

POCATELLO – Tyrell Dixey, 33, of Fort Hall, Idaho, pleaded guilty Wednesday in United States District Court to possession of an unregistered firearm, U.S. Attorney Bart M. Davis announced.  

According to the plea agreement, on January 30, 2017, a vehicle was stopped by the Fort Hall Police Department.  Dixey was a passenger in the vehicle.  Inside the vehicle, officers found a Mossberg, Model 500A, 12 gauge shotgun with a barrel less than 18 inches in length.  The shotgun was later determined to have Dixey’s fingerprints on it.  Sentencing is set for April 30, 2018, before Chief U.S. District Court Judge B. Lynn Winmill.   

Under federal law, it is illegal to possess a shotgun with a barrel less than 18 inches in length, unless the firearm is registered with ATF.  Possession of an unregistered firearm is punishable by up to 10 years imprisonment, a $250,000 fine and a term of supervised release up to three years. 

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Fort Hall Police Department.  

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.  Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.  In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

BOISE – Joseph Barry Foy, 27, of Nampa, Idaho, was sentenced yesterday to 65 months in prison followed by three years of supervised release for possession of an unregistered firearm, U.S. Attorney Bart M. Davis announced. A federal grand jury indicted Foy on September 12, 2017. Foy pleaded guilty on November 8, 2017.

According to court records, in July of 2017, police officers contacted Foy while investigating an unrelated case in Canyon County. During the contact, officers found Foy in possession of a sawed-off shotgun, with the barrel modified to a length of around 12 inches. Foy is a member of the Norteño gang with an extensive criminal history including a conviction for aggravated assault.

Possession of an unregistered firearm is punishable by up to ten years imprisonment, three years of supervised release, a $250,000 fine, and a $100 special assessment.
This case was investigated by the Treasure Valley Metro Violent Crimes Task Force.
The Task Force is comprised of federal, state and local agencies, including the Federal Bureau of
Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; Boise Police Department; Ada County Sheriff’s Office; Caldwell Police Department; Nampa Police Department; Meridian
Police Department; Canyon County Sheriff’s Office; and Idaho Department of Probation and
Parole.

This case is being prosecuted by the Special Assistant U.S. Attorney hired by the Treasure
Valley Partnership and the State of Idaho to address gang crimes. The Treasure Valley Partnership is comprised of a group of elected officials in southwest Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth. For more information, visit treasurevalleypartners.org.

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, a part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launches in 2001.

BOISE – Robby David Haley, 28, of Weiser, Idaho, and, Shawn Michael Hart, 28, of Payette, Idaho, were sentenced in federal court on Tuesday for unlawful possession of firearms, U.S. Attorney Bart M. Davis announced. U.S. District Judge David C. Nye ordered Haley to serve 30 months in prison followed by three years of supervised release and ordered Hart to serve 54 months in prison, followed by three years of supervised release. Judge Nye also ordered both defendants to pay restitution jointly and severally in the amount of $21,299.

According to court records, in February of last year, Haley and Hart broke into a home in Weiser, Idaho. The homeowner, who was out of state at the time, returned to discover that several items, including seven firearms and ammunition, were stolen. Several weeks later, Hart and Haley were arrested. Haley told police that he and Hart broke into the home, stole property including firearms, and pawned the property for cash. Haley and Hart, both felons, were prohibited from possessing firearms. Both pled guilty in federal court to one count of unlawful possession of firearms.

At his sentencing, Haley promised to work towards an associate degree in computer science while in prison to repay the victim. After the court sentenced Haley, the victim, a retired computer scientist, asked if she could use the restitution money to establish a fund for Haley’s education.

The case was investigated through the combined efforts of the Washington County Sheriff’s Office, the Ontario Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, a part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launches in 2001.

BOISE – Timothy Raymond Schmidt, 35, of Cincinnati, Ohio was sentenced today in
United States District Court to 300 months in prison followed by lifetime supervised release, for sexual exploitation of children, U.S. Attorney Bart M. Davis announced.

According to the plea agreement, from January 28 to April 9 of 2015, the defendant, while in the State of Ohio, used Skype to communicate with two minor victims, ages seventeen and thirteen, located in Valley County, Idaho. On at least 12 occasions, the defendant persuaded, induced, and coerced the seventeen year-old victim to engage in sexually explicit conduct over live Skype video transmissions. On at least 11 occasions, the defendant persuaded, induced, and coerced the thirteen year-old victim to engage in sexually explicit conduct over live Skype video transmissions.

The defendant’s conduct was discovered by adult relatives of the victims and reported to the Valley County Sheriff’s Office. The case was referred to Homeland Security Investigations
(HSI) and the Idaho Internet Crimes Against Children (ICAC) task force. ICAC detectives examined the victim’s computer and discovered 33,000 lines of archived Skype chats between the defendant and both victims, sexually explicit images of both victims, and images of the defendant. Within the chats, the defendant provided personal identifying information to the victims, including his name, hometown, his place of work, where he went to college, and a description of his tattoos. ICAC detectives were also able to identify two locations in Ohio from where the defendant had engaged in the chats.

In May of 2016, HSI Agents from Idaho and Ohio served a search warrant at one of the locations in Ohio from where the Skype communications originated. Agents determined that the defendant currently resided there. They seized computers belonging to the defendant from the residence.

HSI Agents also contacted a resident of the second location in Ohio where Skype communications originated from, and confirmed that the defendant had previously stayed at the residence. Agents observed items in the residence that were consistent with items the victims reported observing in the background of the defendant’s live chats, including a Darth Vader statue and model airplanes hanging from the ceiling. An HSI forensic examiner examined the defendant’s computers and discovered evidence that both had been used to communicate with the victims via Skype.

Chief U.S. District Judge B. Lynn Winmill also ordered Schmidt to forfeit two laptop computers used in the commission of the charged offense. As a result of his conviction, Schmidt will be required to register as a sex offender.

“It’s so important that people realize the reach of online predators. Parents who are concerned about sexual predators living in the neighborhood should be equally concerned about online sexual predators living in other states or countries,” U.S. Attorney Davis said. “I commend the federal, state and local law enforcement agencies and prosecutors, who work so hard to catch and bring to justice online sex offenders like Mr. Schmidt.” Davis continued.
“This sentence should serve as a powerful reminder to child sex offenders who mistakenly believe that their actions on the internet or social networks will be undetected by law enforcement,” said Brad Bench, special agent in charge of HSI Seattle. “HSI works closely with its federal, state, and local law enforcement partners in Idaho, and across the globe, to hold accountable those who victimize our vulnerable children.”

The case was investigated by Homeland Security Investigations, the Idaho Internet
Crimes Against Children Task Force, and the Valley County Sheriff’s Office. The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the
Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.
Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and
Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”

POCATELLO – Lataya Anderson, 21, and Matthew Toombs, 29, of Pocatello, were sentenced in federal court on Wednesday for possession of a methamphetamine with intent to distribute, U.S. Attorney Bart M. Davis announced.  Chief U.S. District Judge B. Lynn Winmill ordered Anderson to serve 24 months in prison followed by three years of supervised release and ordered Toombs to serve 51 months in prison followed by three years of supervised release. 

 

According to factual statements from the plea agreements, Anderson and Toombs sold 14.31 grams of methamphetamine for $350 to a confidential informant working with police investigators on March 10, 2017.

 

On April 27, 2017, Anderson and Toombs were arrested by the Idaho State Police in the parking lot of a Maverick gas station in Pocatello.  Detectives observed Anderson and Toombs drive to the Maverick.  Toombs was arrested on a felony warrant shortly after they arrived.  Anderson was questioned by police officers and was found to have a vial with approximately 3.6 grams of methamphetamine in her pocket.  Police conducted an inventory of the vehicle driven by Anderson and Toombs.  They located, among other things: approximately 23.5 grams of methamphetamine, a digital scale with residue, a Phoenix Arms .22 caliber handgun, a drug ledger, approximately 2.8 grams of marijuana, small clean plastic baggies, and a glass drug pipe. 

 

The case was investigated through the combined efforts of the Bannock County Prosecutor’s Office, the Idaho State Police, and the Eastern Idaho Partnership.  The Eastern Idaho Partnership is a collaborative effort among local communities, law enforcement, the State of Idaho, and the U.S. Attorney for the District of Idaho.  The Partners combine efforts to fund and support a Special Assistant United States Attorney, or “SAUSA.”  The SAUSA, Bryan Wheat, works with local prosecutors and law enforcement to prosecute serious local crimes in federal court.  The Partnership focuses its efforts on regional drug trafficking, gun and gang violence, internet based crimes against children, and other serious crimes with a federal nexus that affect the southeast Idaho region.

 

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.  Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.  In October 2017, a part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launches in 2001.

BOISE – Karl Valencia, 39, of Twin Falls, Idaho, pleaded guilty yesterday in United States District Court to unlawful possession of a firearm, U.S. Attorney Bart M. Davis announced.  

According to the plea agreement, Valencia was prohibited from possessing a firearm due to a 1997 aggravated assault conviction in Twin Falls County.  In 2016, Valencia was convicted for the first time of unlawful possession of a firearm in the United States District Court for the District of Idaho.  In July 2017, he was serving the remainder of his federal sentence in the 2016 case at the Port-of-Hope halfway house.  On July 16, 2017, after not returning to the Port-of-Hope as scheduled, Valencia was stopped for a traffic infraction in Mountain Home, where he was found in possession of a Ruger pistol.  As part of his plea, Valencia also agreed to forfeit the Ruger pistol.

Sentencing is set for April 18, 2018, before U.S. District Court Judge David C. Nye.   

Unlawful possession of a firearm is punishable by up to 10 years imprisonment, a $250,000 fine and a term of supervised release up to three years. 

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the U.S. Marshals Service, and the Elmore County Sheriff’s Office.  

 

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.  Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.  In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

BOISE – Anthony Allen Bernal, 28, of Nampa, Idaho, pleaded guilty today to unlawful possession of a firearm, U.S. Attorney Bart M. Davis announced.  A federal grand jury indicted Bernal on September 14, 2017.  The indictment alleged that Bernal possessed a firearm after previously being convicted of a felony crime.

 

According to court records, in June 2017, law enforcement was searching for Bernal due to a failure to appear warrant on an unrelated state case.  An officer observed Bernal in the passenger seat of a vehicle driving in Nampa.  The officer stopped the vehicle and arrested Bernal.  Inside, where Bernal had been seated, officers located a 9mm caliber pistol and a .45 caliber pistol.

 

Sentencing is set for April 17, 2018, before U.S. District Court Judge David C. Nye at the federal courthouse in Boise.

Unlawful possession of a firearm is punishable by up to ten years imprisonment, three years of supervised release, and a $250,000 fine. 

 This case was investigated by the Treasure Valley Metro Violent Crimes Task Force.  The Task Force is comprised of federal, state and local agencies, including the Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; Boise Police Department; Ada County Sheriff’s Office; Caldwell Police Department; Nampa Police Department; Meridian Police Department; Canyon County Sheriff’s Office; and Idaho Department of Probation and Parole. 

This case is being prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership and the State of Idaho to address gang crimes.  The Treasure Valley Partnership is comprised of a group of elected officials in southwest Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth.  For more information, visit treasurevalleypartners.org. 

 

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.  Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.  In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

BOISE – Father and son, Sergio Chavez-Verduzco and Sergio Chavez-Macias, of Burley, Idaho, were sentenced to federal prison for their roles in a drug trafficking conspiracy, U.S. Attorney Bart M. Davis announced.  Chavez-Verduzco was also sentenced for his participation in a continuing criminal enterprise.  Chief U.S. District Judge B. Lynn Winmill sentenced Chavez-Verduzco to 420 months in prison and Chavez-Macias to 144 months.  Judge Winmill also ordered that both serve five years of supervised release and to forfeit $420,000 in drug proceeds. 

 

In June of last year, after a five day trial, a federal jury found the defendants guilty.  Evidence presented in court showed that, in 2015 and early 2016, Chavez-Verduzco and Chavez-Macias were the source of supply to multiple large-scale methamphetamine traffickers in the Treasure Valley.  The evidence specifically identified certain methamphetamine traffickers whom the father and son supplied with hundreds of pounds of methamphetamine.  

 

The case was cooperative effort involving federal, state and local investigators from the Ada County Sheriff’s Office, the Drug Enforcement Administration, the City County Narcotics Unit of Canyon County, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Gooding County Sheriff’s Office, the Federal Bureau of Investigation and the Idaho State Police. 

 

The case was prosecuted by the Special Assistant U.S. Attorney hired by the Ada County Prosecuting Attorney’s Office and the Idaho High Intensity Drug Trafficking Area Board.  The Idaho High Intensity Drug Trafficking Board is a collaboration of local law enforcement drug task forces and prosecuting agencies dedicated to addressing regional drug trafficking organizations that operate in Ada, Canyon, and Malheur County.

BOISE – Gabe Crow Inglis, 27, of Boise, Idaho, pleaded guilty today to possession with intent to distribute a controlled substance, U.S. Attorney Bart M. Davis announced.  A federal grand jury indicted Inglis on October 12, 2017.  

 

According to court records, Inglis was pulled over for a traffic violation on December 14, 2016 by an Idaho State police officer.  During the course of the stop, the officer smelled the odor of marijuana coming from the vehicle.  Inglis admitted to the officer that he had smoked marijuana and had possessed marijuana earlier that day.  Subsequently, the officer searched the vehicle and found two mason jars filled with a white flakey substance in the trunk.  The officer sent the substance to the Idaho State Police Forensics Lab for testing. A lab analyst determined that the substance was tetrahydrocannabinolic acid, a Schedule I controlled substance.

 

Sentencing is set for April 18, 2018, in front of U.S. District Judge David C. Nye at the federal courthouse in Boise. 

 

The crime of possession with intent to distribute a controlled substance is punishable by up to 20 years imprisonment, at least three years of supervised release, and a $250,000 fine.

This case was investigated by the Idaho State Police and the Drug Enforcement Administration. 

BOISE – Sara Lee DeLaCruz, 34, of Wendell, Idaho, was sentenced yesterday to 12 months and one day in prison by Chief U.S. District Court Judge B. Lynn Winmill, U.S. Attorney Bart M. Davis announced.

 

On August 2, 2017, DeLaCruz pleaded guilty to unlawfully possessing a firearm.  On April 3, 2017, a person reported to police that DeLaCruz was in possession of marijuana and had been selling marijuana for several years.  Law enforcement agents obtained a search warrant for DeLaCruz’s residence in Wendell.  During the search of her residence, police found over three and one-half pounds of marijuana in a backpack along with a Hi-Point .40 caliber pistol.  Police also found a digital scale in the bedroom.  DeLaCruz admitted that the marijuana and firearm were hers.  DeLaCruz was prohibited from possessing the firearm because she had previously been convicted of the felony crime of transporting an illegal alien in United States District Court in the Southern District of Texas on November 17, 2005.    

 

Judge Winmill also ordered DeLaCruz to serve three years of supervised release upon her release from federal prison. 

 

The case was investigated by the Gooding County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

 

The case was brought as part of Project Safe Neighborhoods, a nationwide initiative originally launched in May 2001 and reinvigorated in 2017 by the Department of Justice to combat gun violence in the United States. Project Safe Neighborhoods marshals federal, state, and local resources to target and prosecute those who commit gun crimes.  For more information about Project Safe Neighborhoods, visit https://www.bja.gov.

BOISE – Rodney Allen, 65, the sole owner and president of KA Investments, LLC, of Boise, Idaho, was indicted on January 9, 2018, by a federal grand jury sitting in Boise for wire fraud, and an arrest warrant was issued, U.S. Attorney Bart M. Davis announced. 

 

The indictment alleges that from in or about 2016 to in or about 2017, Allen devised a scheme to defraud clients of his brokerage company, KA Investments, LLC, and obtain their money by false pretenses and promises, and misappropriate their money.  Namely, the indictment alleges that Allen misrepresented in monthly statements provided to clients that clients were earning positive returns on investments, when in truth and in fact, clients were earning negative returns on investments. 

 

For instance, the indictment alleges that on December 6, 2016, Allen emailed a November 2016 monthly statement to client M.F.  In the statement, Allen represented that M.F.’s account had earned 1.903 percent that month.  In reality, M.F.’s account had lost 36.01 percent. 

 

Further, according to the indictment, Allen misrepresented to clients of KA Investments, LLC that he was taking between a 14-percent and 18-percent commission on investment profits.  In truth, he was misappropriating client deposits for his personal use, regardless of profit or loss, and at a greater percentage. 

 

On April 20, 2017, Allen was reported missing.  From April through September 2017, law enforcement conducted multiple searches for Allen in the vicinity of his abandoned truck, in a remote area near the Snake River.  These searches included searches with cadaver dogs.  The searches were unsuccessful in locating Allen or his body, and Allen remains missing.  The Federal Bureau of Investigation is offering a $10,000 reward for information leading to Allen’s arrest.  In addition, Crime Stoppers is offering a $1,000 reward for information leading to Allen’s arrest.

 

The case was investigated by the Federal Bureau of Investigation and the Boise Police Department.

 

An indictment is a means of charging a person with criminal activity.  It is not evidence.  A person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

BOISE – Adamsely Mendoza Mercado, 40, of Nampa, Idaho, pleaded guilty yesterday to distribution of methamphetamine, U.S. Attorney Bart M. Davis announced.  A federal grand jury indicted Mercado on September 14, 2017.  The superseding indictment alleged that Mercado distributed over fifty grams of actual methamphetamine.

 

According to statements made at the hearing, law enforcement used an undercover officer to arrange the purchase of three ounces of methamphetamine from Mercado.  The officer met the defendant at his residence in Nampa, Idaho.  The officer provided the defendant with cash and the defendant provided the officer with three ounces of methamphetamine.  The Idaho State Police Forensics Lab determined over fifty grams was pure methamphetamine.

 

Distribution of methamphetamine is punishable by at least ten years and up to life imprisonment, at least five years of supervised release, a $10,000,000 fine, and a $100 special assessment.

Sentencing is set for March 28, 2018, in front of Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise. 

This case was investigated by the Treasure Valley Metro Violent Crimes Task Force.  The Task Force is comprised of federal, state and local agencies, including the Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; Boise Police Department; Ada County Sheriff’s Office; Caldwell Police Department; Nampa Police Department; Meridian Police Department; Canyon County Sheriff’s Office; and Idaho Department of Probation and Parole. 

BOISE – James Maxheimer, 46, of Boise, pleaded guilty yesterday in United States District Court to possession of child pornography, U.S. Attorney Bart M. Davis announced.  As part of his plea, Maxheimer also agreed to forfeit the computer and electronic storage devices used in the commission of the charged offense.

 

According to the plea agreement, in June of 2016, detectives with the Idaho Internet Crimes Against Children (ICAC) Task Force served a search warrant on Maxheimer’s residence in Boise, Idaho, based upon evidence that ICAC detectives had downloaded images of child pornography from a computer at the residence, using a file sharing program.  Detectives interviewed Maxheimer, and he admitted that he had downloaded and viewed images of child pornography at least once a week, using the file sharing program. 

 

Detectives seized a laptop computer and an external hard drive belonging to Maxheimer.  When detectives examined the devices, they discovered 10,172 still images and 378 videos containing child pornography, including images of prepubescent minors, images showing sadistic and masochistic conduct with minors, and images of the sexual abuse or exploitation of infants and toddlers.

 

Sentencing is set for April 9, 2018, before Chief U.S. District Judge B. Lynn Winmill.  

 

Possession of child pornography is punishable by up to 20 years imprisonment, a $250,000 fine, a term of supervised release of not less than five years and up to life, and a $5,000 special assessment.

 

The case was investigated by the Idaho Internet Crimes Against Children (ICAC) Task Force, and was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  Led by the United States Attorneys’ Office, the Office of the Attorney General for the State of Idaho, and the Department of Justice, Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”

BOISE – Joseph Sterling Goin, 24, of Caldwell, Idaho, was sentenced today to 24 months in prison by Senior U.S. District Court Judge Edward J. Lodge, U.S. Attorney Bart M. Davis announced.  Judge Lodge also ordered Goin to serve three years of supervised release upon his release from federal prison. 

 

On October 17, 2017, Goin pleaded guilty to unlawfully possessing a firearm.  Goin sold a semi-automatic rifle with a high-capacity magazine to an undercover police officer at a gas station parking lot on April 3, 2017.  At the time, Goin had previously been convicted of felony crimes including a burglary conviction from Canyon County, Idaho, on March 13, 2013.  Goin was prohibited from possessing firearms because of that felony burglary conviction. 

 

This investigation is the result of an investigation and enforcement operation by the Treasure Valley Metro Violent Crime Task Force which is comprised of federal, state and local agencies, including the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives; the United States Marshals Service; the Drug Enforcement Administration; the Department of Homeland Security, Immigration and Customs Enforcement, Homeland Security Investigations; the Idaho Department of Corrections Office of Probation and Parole; the Ada County Sheriff’s Office, the Canyon County Sheriff’s Office; the Nampa City Police Department; the Caldwell City Police Department; and the Boise City Police Department. 

 

The case was brought as part of Project Safe Neighborhoods, a nationwide initiative originally launched in May 2001 and reinvigorated in 2017 by the Department of Justice to combat gun violence in the United States. Project Safe Neighborhoods marshals federal, state, and local resources to target and prosecute those who commit gun crimes.  For more information about Project Safe Neighborhoods, visit https://www.bja.gov.

POCATELLO –  Craig Marshall Grayson, 31, of Pocatello, Idaho, was sentenced yesterday in federal court to 151 months in prison, followed by eight years of supervised release, for transportation of child pornography, U.S. Attorney Bart M. Davis announced.  U.S. District Judge David C. Nye also ordered Grayson to pay a $5,000 fine, pay $5,100 in special assessments and forfeit the computer and storage devices used in the commission of the charged offense.  Grayson pleaded guilty to the crime in September.

 

According to the plea agreement, law enforcement agents downloaded four sexually exploitative videos of a minor from an individual later identified as Grayson between July 5 and August 12, 2016.  A search of Grayson’s home and computer devices revealed his additional possession of approximately 978 images and 65 videos of child pornography. 

 

“This sentence is just punishment for Mr. Grayson’s criminal conduct,” said Davis.   “The U.S. Attorney’s Office is dedicated to prosecuting and seeking long sentences for individuals who obtain, possess, view and share child pornography.” 

 

“Homeland Security Investigations (HSI) is committed to bringing to justice those who sexually exploit children,” said Bradford A. Bench, Special Agent in Charge of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) in Seattle. “This case exemplifies the long reach of HSI, and its ability to coordinate and pursue investigative efforts that lead to predators like Grayson to be sentenced to a lengthy prison sentence.”

  

The case was investigated by HSI and the Idaho Internet Crimes Against Children Task Force.

 

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.  For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”

BOISE – Josue Daniel Alfaro, a/k/a Danny Alfaro, a/k/a the “Great Outdoors Bandit,” age 32, of Portland, Oregon, pleaded guilty yesterday to five counts of bank robbery and one count of attempted bank robbery, U.S. Attorney Bart M. Davis announced.  Pursuant to a written plea agreement filed with the court, Alfaro pleaded guilty to Counts 1, 3, 5, 7, 9, and 11 of the indictment.

 

According to the plea agreement, the defendant admitted to robbing, and attempting to rob, the following banks on the following dates and in the following amounts:

  

• On December 21, 2016, the U.S. Bank at 10500 West Overland Road in Boise, Idaho for $3,174;

 

• On December 21, 2016, the Idaho Central Credit Union at 1615 South Celebration Avenue in Meridian, Idaho for $2,100;

 

• On March 24, 2017, the Bank of the West at 9140 West Emerald Street in Boise, Idaho for $3,469;

 

• On May 24, 2017, the Alpine Credit Union at 351 East 800 South in Orem, Utah for $12,736;

 

• On August 7, 2017, the Bank of the West at 9140 West Emerald Street in Boise, Idaho.  Attempted robbery, no loss;

 

• On August 7, 2017, the Pioneer Federal Credit Union at 850 East Fairview Avenue in Meridian, Idaho for $9,637;

 

• On August 7, 2017, the Clarity Federal Credit Union at 555 South Meridian Road in Meridian, Idaho for $100. 

 

According to the plea agreement, for each of the robberies, Alfaro obscured his face with a baseball cap and black sunglasses.  He provided the tellers with notes demanding money.  One of the notes, provided to the Idaho Central Credit Union demanded $40,000 in large bills.  Another note, provided to the Bank of the West on March 24, stated: “Give me money or I will shoot the teller next to you.”  Yet another note, provided to the Pioneer Federal Credit Union on August 7, stated: “give me all of your hundred dollar bills, I have a gun.”

 

In total, Alfaro robbed $31,216 from the six banks and credit unions, whose deposits were federally insured.  According to the plea agreement, Alfaro agreed to pay this sum in restitution to the banks and credit unions. 

 

According to the plea agreement, on August 13, 2017, Alfaro was arrested at Los Angeles International Airport attempting to board an international flight to Brussels, Belgium.  In his carry-on bag, the defendant possessed $2,826 in cash that he obtained from the robberies.

 

Separately, for each count, Alfaro faces a statutory maximum of 20 years in prison, a $250,000 fine, and not more than 5 years of supervised release. 

 

Sentencing for Alfaro is set for March 13, 2018, before Chief U.S. District Judge B. Lynn Winmill, at the federal courthouse in Boise.

 

The case was investigated by the Federal Bureau of Investigation (Boise, Salt Lake City, and Los Angeles field offices), the Boise Police Department, and the Meridian Police Department.

 

 

 

 

POCATELLO – Nicholas Levi Olsen, 34, and Chanel Lynn Bistodeau, 32, both of Idaho Falls, pleaded guilty this week to possession with intent to distribute methamphetamine, U.S. Attorney Bart M. Davis announced.  Olsen and Bistodeau were indicted by a federal grand jury on April 25, 2017.  This case highlights the strong partnership between the U.S. Attorney’s Office and the Eastern Idaho Partnership in reducing gun and drug offenses in eastern Idaho.

 

According to court records, in March of this year, Olsen and Bistodeau caught the attention of police while driving in Blackfoot.   Olsen and Bistodeau parked at an apartment complex, where Bistodeau fled on foot while Olsen walked away from the car.  The police caught up with Olsen, walked Olsen back to the car and had Olsen empty $730 in cash from his pocket.  Shortly thereafter, Olsen ran.  The police were unable to catch Olsen or Bistodeau. 

 

Police searched the car.  They found approximately ten ounces of methamphetamine, three pistols and drug paraphernalia. 

           

On April 15, police arrested Olsen and Bistodeau at the Fairbridge Inn in Idaho Falls.   Police found another pistol, about eight grams of methamphetamine and over four grams of heroin.

 

The charge for possession with intent to distribute methamphetamine is punishable by a term of imprisonment of ten years to life, a $10,000,000 fine, and at least five years of supervised release.  Sentencing is set for January 18, 2018, before U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.

 

The case was investigated through the combined efforts of the Bingham County Prosecutor’s Office, the Blackfoot Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Attorney’s Office, and the Eastern Idaho Partnership.  The Eastern Idaho Partnership is a collaborative effort among local communities, law enforcement, the State of Idaho, and the U.S. Attorney for the District of Idaho.  The Partners combine efforts to fund and support a Special Assistant United States Attorney, or “SAUSA.”  The SAUSA, Bryan Wheat, works with local prosecutors and law enforcement to prosecute serious local crimes in federal court.  The Partnership focuses its efforts on regional drug trafficking, gun and gang violence, internet based crimes against children, and other serious crimes with a federal nexus that affect the southeast Idaho region. 

 

 “I applaud all of the agencies involved in this investigation and prosecution for a job well done,” said Bingham County Prosecutor Cleve Colson, who is also the chair of the Eastern Idaho Partnership.  “The prosecution of Chanel Bistodeau and Nicholas Olsen through the Eastern Idaho Partnership is a clear illustration of its effectiveness in creating stronger and safer communities in eastern Idaho.  The partnership has been a tremendous success and I look forward to its continued growth.”

 

“I am so pleased with the cooperative efforts between federal, state and local law enforcement officers and prosecutors in working together to reduce drug and gun crimes in Idaho.  I applaud the Eastern Idaho Partnership for the concern they have for keeping their communities safe and am honored to work with them hand-in-hand,” U.S. Attorney Bart Davis said.

BOISE – A federal grand jury indicted three members of the Norteno gang for federal firearms charges, U.S. Attorney Bart M. Davis announced. 

 

The indicted defendants are Peter Albert Rodriguez, 27, of Nampa; Fabian Gonzalez, 26, of Caldwell; and Roy Benitez, 25, of Caldwell.  All were indicted on December 12 and 13, 2017.  Rodriguez is charged with two counts of unlawful possession of a firearm.  Gonzalez is charged with unlawful dealing in firearms and possession of an unregistered firearm.  Benitez is charged with possession of an unregistered firearm. 

 

All three defendants were arrested yesterday.

 

The charge of unlawful possession of a firearm is punishable by up to ten years in prison, a maximum fine of $250,000, and up to three years of supervised release.  The charge of possession of an unregistered firearm is punishable by up to ten years in prison, a maximum fine of $250,000, and up to three years of supervised release.  The charge of unlawful dealing in firearms is punishable by up to five years in prison, a maximum fine of $250,000, and up to three years of supervised release.

 

“Deterrence is about fear of consequences,” said Davis.  “We want criminals to fear the consequences of committing crimes.  The rise in violent crime can be suppressed when law enforcement agencies, as was the case here, work together to disrupt and dismantle criminal gangs and those that foment violence.”

 

 “Those members of the criminal element that illegally possess and use firearms are demonstrating their contempt for the personal safety and wellbeing of the public,” said Special Agent in Charge Darek Pleasants of the Seattle Field Division.  “ATF is committed to partnering with our law enforcement partners to ensure the safety of the public.”

 

“For Mr. Gonzalez to willingly operate outside of the established parameters of lawful commerce in firearms puts the people of the Treasure Valley at risk,” continued Pleasants.  “Combating that risk remains a top priority to ATF.”

 

The indictments are the result of an investigation and enforcement operation by the Bureau of Alcohol, Tobacco, Firearms and Explosives; the United States Marshals Service; the Drug Enforcement Administration; the Department of Homeland Security, Immigration and Customs Enforcement, Homeland Security Investigations; the Idaho Department of Corrections Office of Probation and Parole; the Canyon County Sheriff’s Office; the Nampa City Police Department; the Caldwell City Police Department; and the Boise City Police Department. 

 

The charges are being prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership, the Canyon County Prosecuting Attorney’s Office and the State of Idaho to address gang crimes.  The Treasure Valley Partnership is comprised of a group of elected officials in southwest Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth.  For more information, visit treasurevalleypartners.org. 

 

An indictment is a means of charging a person with criminal activity.  It is not evidence.  A person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

BOISE – Carrie Lynn Johnson, 42, pleaded guilty yesterday to obtaining controlled substances by fraud, U.S. Attorney Bart M. Davis announced.  A Boise federal grand jury indicted Johnson on September 14, 2017.

 

According to the plea agreement, Johnson worked as a medical assistant in a medical office from approximately January to December, 2016.  While she was employed at the medical office, she took possession of, and filled out, blank prescriptions from two practitioners.  Using the stolen prescriptions, she not only forged prescriptions to herself but also used her spouse’s name, her children’s names, and others.  Johnson took the prescriptions to pharmacies in Canyon County and filled them for herself.  The forged prescriptions were mainly for Schedule II controlled substances.  For example, on May 23, 2016, Johnson filled a forged prescription for 150 tablets of oxycodone 30 mg and on January 11, 2017, she filled a forged prescription for 150 tablets of hydrocodone/APAP 10/325 mg. Johnson later worked at another medical office in Payette, Idaho, where she called-in an unauthorized prescription.

 

The charge of obtaining controlled substances by fraud is punishable by up to four years in prison, a maximum fine of $250,000, and up to one year of supervised release.

 

Sentencing is set for February 28, 2017, in front of Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise. 

 

The case was investigated by the Nampa Police Department with assistance from the Drug Enforcement Administration.

BOISE – David Lon Rose, 43, of Boise, was sentenced last week in federal court to two years in prison followed by four years of supervised release for distributing methamphetamine, U.S. Attorney Bart M. Davis announced.  Rose pleaded guilty to that charge on September 18, 2017.  He was sentenced by Senior U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.  

 

According to court records, Rose distributed 37 grams of pure methamphetamine to a confidential informant on two separate occasions in December of 2016.  The investigation into Rose’s methamphetamine dealing began in May of 2016.  In June of 2016, Rose resigned from his position as a revenue agent for the Internal Revenue Service.

 

This case was the result of a joint investigation by the Boise Police Department, the Federal Bureau of Investigation and the Organized Crime and Drug Enforcement Task Force (OCDETF). The Organized Crime and Drug Enforcement Task Force (OCDETF), includes the cooperative law enforcement efforts of the Federal Bureau of Investigation; Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Internal Revenue Service-Criminal Investigation; and U.S. Marshals Service. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.

COEUR D'ALENE – Scott Allen Reed, 67, of Plummer, was sentenced yesterday in federal court to 70 months in prison followed by ten years of supervised release for possession of child pornography, U.S. Attorney Bart M. Davis announced.  Reed pleaded guilty to that charge on June 28, 2017.   

 

According to the plea agreement, personnel working for the Nez Perce tribe found two bins of computer drives and computer storage media abandoned outside a building.  While reviewing the items to identify the owner, the personnel saw child pornography.  The items were turned over to the FBI.

 

A forensic examiner reviewed the items.  The examiner found 260 images and 6 videos of minors engaged in sexually explicit conduct as well as hundreds of child erotica images.  The examiner also determined that Reed was the owner of the items.  The FBI later interviewed Reed, who admitted downloading images of “young girls.”

 

The child pornography images were sent to National Center for Mission and Exploited Children (NCMEC).  NCMEC determined that the images included identified minors from California, Belgium and Ukraine. 

 

Senior U.S. District Judge Edward J. Lodge ordered Reed to forfeit the computers, hard drives and CD’s found in the bins.  He also ordered Reed to register as a sex offender following his prison sentence.  Judge Lodge ordered Reed to pay $5,000 to a human trafficking fund. 

 

This case was investigated by the Federal Bureau of Investigation, a member of the Idaho Internet Crimes Against Children Task Force.  This task force is a coalition of federal, state, and local law enforcement agencies who investigate and prosecute individuals who use the internet to criminally exploit children. 

 

The case was brought as a part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.  For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”

COEUR D'ALENE – Dr. Rafael Beier, 63, of Kingston, Idaho, was sentenced yesterday to 192 months in federal prison followed by ten years of supervised release for unlawfully distributing oxycodone and hydrocodone, U.S. Attorney Bart M. Davis announced.  Senior U.S. District Judge Edward J. Lodge also ordered Dr. Beier to pay a $63,000 fine and to forfeit proceeds of $732,800.  

 

In May 2016, a north Idaho jury found Dr. Beier guilty of conspiring to distribute oxycodone and hydrocodone and 61 separate counts of distributing a controlled substance.  It is unlawful for a doctor to distribute controlled substances outside the usual course of their professional practice and not for a legitimate medical purpose.

 

Evidence at trial showed that between 2012 and May 2014, Dr. Beier sold prescriptions for highly addictive drugs like oxycodone, Adderall and hydrocodone in exchange for cash at locations such as bars, parking lots, stores, as well as his office. The jury heard evidence that Dr. Beier created false medical charts to explain the illegal drug sales.

 

The jury also saw the prescriptions written by Dr. Beier, a video of Dr. Beier discussing his drug sales with a witness, and an audio recording of a government informant buying a prescription from Dr. Beier in a bathroom stall.  Witnesses included co-conspirators who sold pills for Beier, non-patients whose names were used on prescriptions and a number of people who bought prescriptions from Dr. Beier. Several witnesses testified about the substantial negative effect that opioid addiction had on their lives.

 

At the sentencing hearing, Judge Lodge stated, "Dr. Beier let greed, sexual satisfaction and the power of a prescription pad cloud his judgment.”    

 

The case was investigated by Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), and North Idaho Violent Crimes Task Force (NIVCTF).

BOISE –  Manual Vera-Gonzalez, of Guanajuato, Mexico, was sentenced today to time served by Chief U.S. District Judge B. Lynn Winmill, U.S. Attorney Bart M. Davis announced.  Vera-Gonzalez had served over seven months in custody since his arrest in April 2017.  Vera-Gonzalez pleaded guilty on August 30, 2017, to failure to register as a sex offender.

 

According to the plea agreement, Vera-Gonzalez is a native and citizen of Mexico.  Vera-Gonzalez had been removed from the United States to Mexico on or about August 15, 2016.  He returned to the United States and was discovered in Ada County, Idaho, in April 2017.  Vera-Gonzalez was required to register under the Sex Offender Registration and Notification Act (SORNA) by virtue of his 2005 conviction for sexual battery by restraint in Orange County, California.  He was previously convicted in 2014 for failure to register as a sex offender in the District of Idaho.  Nonetheless, Vera-Gonzalez again knowingly failed to register as a sex offender, as he was required to do under SORNA.

 

This case was investigated by the U.S. Marshals Service and the Department of Homeland Security Immigration and Customs Enforcement.

BOISE –  Mark Eugene Timperley, 21, of Indianapolis, Indiana, was sentenced yesterday in United States District Court to 84 months in prison followed by five years of supervised release for possession of child pornography, U.S. Attorney Bart M. Davis announced.  Chief U.S. District Judge B. Lynn Winmill also ordered Timperley to forfeit the cellular phone used in the commission of the charged offense.  As a result of his conviction, Timperley will be required to register as a sex offender.

 

According to the plea agreement, in February 2017, a school resource officer with the Nampa Police Department (NPD) received information that a 14-year-old Nampa student was in an internet relationship with Timperley, and that Timperley intended to travel to Idaho to live with the student.  NPD officers viewed the victim’s cell phone, and observed text messages between Timperley and the victim in which Timperley requested and received images of the victim engaged in sexually explicit conduct.

 

Three days later, NPD detectives encountered Timperley after he exited a Greyhound bus in Boise.  Timperley admitted that he was in an online relationship with the victim, that he knew the victim was 14 years old, and that he requested and received sexually explicit images from the victim on his cell phone.  NPD detectives seized Timperley’s cell phone, conducted a forensic examination of its contents, and found approximately 46 explicit images of the victim.

 

“Law enforcement agencies in Idaho are committed to working cooperatively to prosecute those who would seek to sexually exploit children,” said Davis.  “I commend the work of law enforcement and prosecutors in this case who acted swiftly and aggressively to protect this child victim from further harm.  Mr. Timperley is being appropriately punished for his criminal conduct.” 

 

“Predators who view pornographic images of children fuel the disturbing actions of like-minded criminals who create the illegal content. Both rob the innocence of their victims and leave permanent scars that can never be entirely healed,” said Brad Bench special agent in charge for Homeland Security Investigations (HSI) Seattle.  “This case should send a clear message to those trolling the Internet to victimize children – you will be caught and pay with your freedom for such crimes. HSI will continue to work closely with our law enforcement partners to investigate these predators and ensure that they feel the full weight of the law.”

 

The case was investigated by the Nampa Police Department, Homeland Security Investigations, and the Canyon County Prosecutor’s Office, and was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.  For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”

POCATELLO –  Thomas Wayne Anderson, 57, of Idaho Falls, Idaho, was sentenced yesterday in United States District Court to 84 months in federal prison, to be followed by eight years of supervised release, for accessing with intent to view child pornography, U.S. Attorney Bart M. Davis announced.  Chief U.S. District Judge B. Lynn Winmill also ordered Anderson to pay $1,340.75 in restitution and to forfeit the laptop computer Anderson used to commit his crime.  Anderson pleaded guilty to the charge on August 24, 2017.

 

According to the plea agreement, Anderson had been apprehended in connection with a series of acts of vandalism at recreational sites managed by the Bureau of Land Management when authorities obtained a search warrant and searched Anderson’s laptop computer.  Law enforcement found screen captures of child pornography that appeared to be from videos depicting child pornography.  When interviewed, Anderson admitted to using online video-conferencing services to view child pornography with other individuals. 

 

The case was investigated by the Idaho Internet Crimes Against Children (ICAC) Task Force and the Bureau of Land Management.

 

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.  For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”

BOISE – James Findlay, 33, of Boise, Idaho, was sentenced yesterday to one year of probation for negligent discharge of waste in violation of the Clean Water Act, U.S. Attorney Bart M. Davis announced. 

 

On August 28, 2017, Findlay pleaded guilty to unlawfully discharging waste into the Boise sewage system between April 2012 and October 2014.  According to Findlay’s plea agreement, he operated an entity called Sawtooth Fusion, LLC, which was based out of his rental apartment.  Findlay obtained and stored quantities of depleted uranium and uranium powder.  He had obtained some large chunks of depleted uranium from an aircraft salvage company.  In his apartment, Findlay also chemically extracted uranium from various items he had acquired.  He did this by soaking the items in muriatic acid.  At the end of the process, he discharged the materials and acid mixture into the sink in his apartment, which was connected to the Boise Public Works sewage system.  Due to their low pH and corrosive properties, the discharged materials violated Boise’s sewage system’s EPA-approved requirements and, as a result, the Clean Water Act.  Findlay’s actions required a significant governmental response to address any potential public safety concerns.  No widespread danger to the community was discovered.  

 

“This case shows that EPA, along with our law enforcement partners, will vigorously pursue criminal behavior in order to protect our communities,” said Jeanne Proctor, Special Agent in Charge of EPA’s Criminal Investigation Division in the Pacific Northwest.

 

The case was investigated by the Environmental Protection Agency, the Department of Transportation, the Nuclear Regulatory Commission, the United States Postal Inspection Service, and the Federal Bureau of Investigation.  Boise Fire Department and Boise Police were the first responders to the apartment complex where Findlay’s activities were discovered.

BOISE – Herminio Sandoval, 63, of Caldwell, Idaho, pleaded guilty today to unlawful possession of ammunition, U.S. Attorney Bart M. Davis announced.

 

On October 22, 2014, Sandoval was convicted of conspiracy to attempt to evade and defeat tax and was sentenced to 46 months in federal prison.  He was also sentenced to serve three years of supervised release.  According to the plea agreement, on May 21, 2017, United States Probation officers visited Sandoval at his residence in Caldwell, Idaho.  After noticing a pistol holster on the dining room table, probation officers asked Sandoval to open a gun safe that was located in the dining/family room of his residence.  A probation officer located approximately 2,800 rounds of various caliber ammunition inside of the safe.

 

A charge of unlawful possession of ammunition is punishable by up to ten years in prison, a maximum fine of $250,000, and a term of supervised release of three years.

 

Sentencing is set for February 13, 2018, before Senior U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.

 

This case was investigated by the United States Probation Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

BOISE – Janet Roe, 56, of Twin Falls, Idaho, pleaded guilty yesterday to making a false statement to the Internal Revenue Service, U.S. Attorney Bart M. Davis announced.

 

Roe works as a certified public accountant in Twin Falls.  According to the plea agreement, Roe devised a sham transaction that enabled WDC, an Idaho company with its principal place of business in Twin Falls, to evade over $500,000 in taxes in 2010.  To facilitate the tax evasion, WDC claimed a $1.5 million deduction on its 2010 tax return for “management and consulting expense” that never occurred.  In response to audits by the Idaho State Tax Commission in late 2013, Roe created and submitted a falsified and backdated option agreement as well as falsified corporate shareholder meeting minutes.  In January 2016, Roe was interviewed by special agents of the Internal Revenue Service.  Roe falsely stated that she did not prepare the falsified and backdated option agreement.

 

A charge of making a false statement is punishable by up to five years in prison, a maximum fine of $250,000, and a term of supervised release of three years.

 

Sentencing is set for January 30, 2018, before U.S. District Judge David C. Nye at the federal courthouse in Boise.

 

This case was investigated by the Internal Revenue Service—Criminal Investigations.