District of Idaho

BOISE – Rahil Akhtar, 37, of Eagle, Idaho, pleaded guilty today in federal court to one count of acquiring and obtaining a controlled substance by misrepresentation, fraud and deception, U.S. Attorney Wendy J. Olson announced. Akhtar was a dentist licensed to practice in the state of Idaho.

According to court documents, from 2011 through June 2013, Akhtar schemed to obtain controlled substances for himself by writing fraudulent prescriptions to other people. The prescriptions were for medications containing hydrocodone, a Schedule III controlled substance, and Alprazolam (a benzodiazepine), a Schedule IV controlled substance. Generally, Akhtar would write a prescription to a person who was not a current patient in need of treatment or a prescription. At Akhtar’s direction, the person would fill the prescription at a pharmacy and return the majority of the pills to Akhtar. Sometimes Akhtar provided the person filling the prescription with money, but other times he expected that person to pay for the prescription. On some occasions, the person picking up the prescription kept some of the pills.

According to the plea agreement, Akhtar admitted that he wrote approximately 93 prescriptions and thereby acquired by fraud more than 2,500, but less than 5,000, dosage units of Schedule III and IV controlled substances. Akhtar further admitted the prescriptions were written without a legitimate medical purpose and outside the usual course of a professional dental practice: the individuals to whom the prescriptions were written were not patients in need of the prescriptions at the time; Akhtar provided no treatment and created no medical records related to the prescriptions; and although written to different people, the prescriptions were intended to provide drugs for Akhtar.

As part of the plea agreement, Akhtar will withdraw his DEA application for a DEA number in the state of Washington and agreed not to reapply for any DEA registration for at least one year after the final entry of judgment in this case, or the completion of any term of incarceration resulting from this case, whichever is later.

The charge of acquiring and obtaining a controlled substance by misrepresentation, fraud and deception is punishable by up to four years in prison (or eight years for persons with a prior controlled substance felony conviction), a term of supervised release of not more than one year (but not more than three years), and up to eight years of supervised release.

Akhtar is scheduled to be sentenced on January 29, 2014, before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.

This case was investigated by the Drug Enforcement Administration (DEA Diversion) and Meridian Police Department.

BOISE – United States Attorney Wendy J. Olson announced today that her office's Financial Litigation Unit collected $2,715,051.85 in criminal fines, assessments, and restitution, and $31,441,799.34 in civil debts for the fiscal year that ended September 30, 2013. In addition, the Asset Forfeiture Unit collected approximately $1.7 million from criminal proceeds. Also in this fiscal year, approximately $1 million has been shared with state and local law enforcement agencies via the equitable sharing program.

“The more than $34 million our staff collected through civil debts, asset forfeiture, fines, assessments and restitution is more than seven times the U.S. Attorney's Office's operational budget,” said Olson. “Our dedicated collection staff—attorneys, paralegals, analysts and fiscal agents—ensure that those who owe the federal government money as a result of litigation in this district or as a result of longtime debt, such as student loans, make appropriate payments. Our asset forfeiture staff likewise works efficiently to deprive criminals of the profits of their crimes. This year, they have all done outstanding work and served this office, taxpayers and the federal government well.”

The Financial Litigation Unit collects civil penalties for violations of regulations involving, among other things, controlled substances, environmental protection, and procurement fraud. It also collects civil debts for defaulted student loans and defaulted federally financed mortgages, working with debtors to arrange viable payment plans. During fiscal year 2013, the office collected over $31 million in civil debt; of that, $27 million was collected for EPA violations concerning release of hazardous substances; $3.5 million in settlement of allegations of procurement fraud; $150,000 in settlement of a lawsuit under the Uniformed Services Employment and Reemployment Rights Act of 1994, a federal law that establishes rights and responsibilities for uniformed service members and their civilian employers; and $21,700 for civil penalties in three drug diversion cases.

From convicted criminals, the U.S. Attorney's Office collects fines, assessments, restitution, and asset forfeitures. The Financial Litigation Unit also pursues reimbursement from those who have fraudulently obtained payments from government contracts and programs such as Medicare and Medicaid. The federal government provides approximately 70% of Medicaid funds for the State of Idaho. The U.S. Attorney’s Office collected more than $1 million in fraudulently-obtained Medicare/Medicaid funds during the fiscal year.

Victims of crime receive funds collected in criminal restitution cases. Other criminal collections go into the Crime Victims Fund. From there, funds are distributed to the Idaho Crime Victims Compensation Program, the Idaho Council on Domestic Violence and Victim Assistance, and similar programs across the country. Asset forfeitures are distributed to local, state, and federal law enforcement agencies to help fight crime. Other recoveries go back to agency creditors. In fiscal year 2013, the U.S. Attorney's Office collected over $638,000 in federal and non-federal restitution, and criminal fines, $578,000 of which was distributed to victims of crime.

BOISE — After a lengthy investigation and review of more than three years, the U.S. Attorney's Office for the District of Idaho announced today that the Department of Justice is declining prosecution under federal criminal civil rights statutes of inmate-on-inmate assaults at the Idaho Correctional Center. The investigation examined whether any prison correctional staff had criminal liability for inmate-on-inmate assaults occurring between 2006 and 2011, including an assault, captured on videotape, of inmate Hanni Elabed on January 18, 2010.

The incidents were investigated by the Federal Bureau of Investigation and reviewed by prosecutors in both the U.S. Attorney’s Office and the U.S. Department of Justice, Civil Rights Division, Criminal Section. United States Attorney Wendy J. Olson called the investigation and prosecutorial review “detailed and thorough.” “We pursued and obtained all the information necessary to make a prosecutive decision,” she said. The investigation covered numerous reported assaults. According to Olson, investigators and prosecutors reviewed thousands of pages of court documents, prison records, photographs and videotapes and conducted numerous interviews of correctional staff.

Under federal criminal civil rights statutes, a law enforcement officer, including a correctional officer, commits a criminal act when he or she willfully fails to stop an assault or is deliberately indifferent to an inmate who is in need of medical care. A person acts willfully under the law when the person knows what he or she is doing is wrong and chooses to do it anyway. Correctional officers who follow prison policies or training that direct them to act in a certain way typically do not act willfully, even if the policy ultimately is determined to be inappropriate. “Inmate-on-inmate violence at the Idaho Correctional Center has certainly been problematic,” said Olson. “But, under federal criminal civil rights laws, this investigation necessarily focused on whether one or more correctional staff willfully or with deliberate indifference placed inmates in situations where there was actual knowledge of a substantial risk of serious harm to the inmate.”

A decision not to prosecute may be made for a variety of reasons, Olson said, including insufficiency of evidence to prove the correctional officer acted willfully. “The statute sets out a tough standard in cases involving allegations of misconduct by a correctional officer,” she said. “It requires that we be cautious, thorough and deliberative, and that's what we’ve been in this case. We determined that under the circumstances, none of these assaults were incidents where we could prove the elements of a federal offense beyond a reasonable doubt. In such situations, we are obligated to decline prosecution. We do so here.”

U.S. Attorney Olson also stated that under the circumstances found by the FBI and reviewed by experienced criminal civil rights prosecutors, the various civil lawsuits brought by inmates against the Corrections Corporation of America, the private company that runs the Idaho Correctional Center, were a more appropriate vehicle for addressing the assaults that the investigation examined. Olson said that the federal criminal investigation did not cover recent admissions by Idaho Correctional Center that its staff did not work all of the hours billed to the State of Idaho.

“Along with the FBI and Civil Rights Division, we remain committed to vigorously and thoroughly investigating allegations of law enforcement officer misconduct,” said Olson. “All of law enforcement has an interest in ensuring that those who are vested with the authority to enforce the law do not abuse it.”

Leader of the Drug Organization Gets 35 Year Prison Sentence

POCATELLO – U.S. Attorney Wendy J. Olson announced today that three co-defendants—Fausto Enrique Urias, Benito Vasquez Joya and Misti Chapman—were sentenced to serve federal prison sentences for their involvement in an Eastern Idaho meth trafficking operation. The defendants appeared before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.

Fausto Urias, 32, of Idaho Falls, Idaho, was sentenced today to 35 years in prison followed by ten years of supervised release for conspiracy to distribute 50 grams or more of actual methamphetamine. Judge Winmill ordered Urias to forfeit $100,000 to the United States and imposed a $5,000 fine. Urias’ sentence was the result of the court finding the defendant responsible for a significant amount of methamphetamine and that the defendant was the leader/organizer of a criminal organization. Additionally, the court found that the defendant possessed guns in connection with the offense, and that the defendant used violence and threats of violence in carrying out the offense. Finally, the court found that the offense constituted a pattern of criminal conduct from which the defendant derived his livelihood.

Urias’ co-defendant, Benito Joya, 58, of Rigby Idaho, was sentenced on Wednesday to 121 months in prison followed by five years of supervised release for possession with intent to distribute 50 grams or more of actual methamphetamine.

Misti Chapman, 30, of Idaho Falls, was sentenced yesterday to 18 months in prison, three years of supervised release and 80 hours of community service for distribution of methamphetamine. Chapman was also charged with violating a previously imposed term of supervised release. She was sentenced to 21 months in prison concurrent with the sentenced imposed for the drug offense, for a total term of incarceration of 21 months.

In addition to Urias, Joya and Chapman, three other individuals charged in the federal indictment, all from Idaho Falls, pleaded guilty in August 2013 to related drug trafficking offenses. Marco Antonio Echeverria, 25, will be sentenced on December 5 for possession with intent to distribute methamphetamine; Erica Rodriguez, 33, will be sentenced on December 4 for possession with intent to distribute 50 grams or more of actual methamphetamine; and Juan Carlos Garcia, 36, will be sentenced on December 16 for conspiracy to distribute 50 grams or more of actual methamphetamine.

According to plea agreements filed in the case, between November 2009 and October 23, 2012, Urias and Garcia conspired to possess and distribute methamphetamine to other individuals in the Idaho Falls area. Urias and Garcia were previously convicted of felony possession of a controlled substance in Bonneville County, Idaho, on November 9, 2004, and June 7, 2005, respectively.

The charges are the result of an investigation by the Organized Crime Drug Enforcement Task Force (OCDETF), including the Idaho State Police, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Bonneville County Sheriff's Office, Idaho Falls Police Department, Madison County Sheriff's Office, Rexburg Police Department, Bingham County Sheriff’s Office, Fremont County Sheriff’s Office, Federal Bureau of Investigation (FBI), Internal Revenue Service-Criminal Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Other federal agencies participating in the OCDETF program include the Drug Enforcement Administration and the 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.

Father and Son Ordered to Pay Over $1.6 Million in Restitution

POCATELLO – U.S. Attorney Wendy J. Olson announced today that the former founder and chairman of the board of The Legacy Network, an insurance brokerage agency in Rexburg, Idaho, and his son were sentenced this afternoon in United States District Court in Pocatello.

Adrian Rand Robison, 67, of Rigby, Idaho, was sentenced to four months in prison and ordered to pay restitution of $1,371,634 for mail fraud. Chief U.S. District Judge B. Lynn Winmill also sentenced Robison to 18 months of supervised released with eight months of home detention, and fined him $20,000.

Adrian Russell Robison, 38, of Idaho Falls, Idaho, the former chief executive officer of the company, was also sentenced to four months in prison for making and subscribing false tax returns. Russell Robison was also sentenced to 12 months of supervised release, the first eight months on home detention, fined $10,000, and ordered to pay restitution to the IRS of $270,631. The defendants were charged by information in May 2013; they pleaded guilty to the charges in June.

According to the plea agreement, Rand Robison, a licensed insurance agent, owned a majority interest in The Legacy Network, a company that brokered the sale of life insurance policies between the carriers that offered the policies and the independent insurance agents that marketed the policies to clients. In return for its services, The Legacy Network received a commission paid by the carriers for each policy sold. According to the plea agreement, Rand Robison admitted that he encouraged some high net-worth clients to apply for high face-value life insurance policies with the promise of rebating all or part of the first-year premiums back to the customer. Robison further admitted that he misrepresented in agent reports and other contractual documents, that he would not rebate, or otherwise finance, the premium payments of his clients. The Legacy Network received commission payments from the insurance carriers of approximately 105 to 138 percent of the first-year premium. Robison admitted that with those funds, he rebated some of the premiums to some high net-worth clients and kept the remainder. From 2006 to 2009, the Legacy Network received approximately $1,371,634 in commissions from life insurance carriers on the policies of a group of their high net-worth clients; they rebated approximately $923,497 to the clients and kept approximately $448,137.

According to the plea agreement, Russell Robison was aware that agents of The Legacy Network rebated all or part of the premium payments to some of their high net-worth clients, and had, in fact, signed rebate checks to the clients. Neither Robison nor The Legacy Network issued IRS Forms 1099-MISC recording the rebates as income to the high net-worth clients. The company’s internal books and records recorded the rebates as deductible business expenses. After some clients’ policies lapsed due to non-payment of premiums—which occurred typically in the second year of the policies—some policies were replaced with policies issued by different insurance carriers. According to the plea agreement, Robison admitted that for tax years 2007, 2008 and 2009, he filed a partnership income tax return for The Legacy Network, knowing that the returns contained false information by improperly overstating expenses for rebates paid.

The cases were the result of a joint investigation by Internal Revenue Service-Criminal Investigation, the Federal Bureau of Investigation, and Idaho Department of Insurance.

Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.

COEUR D’ALENE – Charles Edward Gibson, 43, of Spokane, Washington, was sentenced today in United States District Court in Coeur d’Alene to 240 months in prison followed by 10 years of supervised release for conspiracy to distribute 50 grams or more of methamphetamine, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Rosanna Malouf Petersen of the Eastern District of Washington also ordered Gibson to forfeit $35,000. He pleaded guilty to the charge on June 25, 2013.

According to the plea agreement, Gibson admitted that between December 4, 2012, and January 8, 2013, he distributed to an undercover officer and received payment for at least 50 grams or more of actual methamphetamine. It was later determined the street value of the methamphetamine was at least $35,000. Gibson admitted that he knew the substance was methamphetamine and he knowingly distributed it.

Gibson’s co-defendant, Vanessa Louise Wagner, 30, of Plummer, Idaho, pleaded guilty on July 22, 2013, to conspiracy to distribute 50 grams or more of methamphetamine. Sentencing is set for December 9, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Coeur d’Alene.

“This prosecution underscores our commitment to work with our federal, state, and local partners to aggressively prosecute drug traffickers,” said Olson. “Methamphetamine is highly addictive. Distributors benefit from the undeniable damage they cause to individuals, families, and our communities. Those who bring methamphetamine into this state will be prosecuted and serve a lengthy prison sentence.”

The case was jointly investigated by the Bureau of Indian Affairs (BIA), Drug Enforcement Administration (DEA), Idaho State Police, Coeur d’Alene Tribal Police and Plummer Police Department.

BOISE — Victor Raul Fenesan, 32, and Claudia Luminita Beian, 34, Romanian nationals residing in Boise, Idaho, were sentenced today in federal court for obtaining a United States Visa by fraud and unlawful procurement of citizenship, respectively, U.S. Attorney Wendy J. Olson announced. The defendants were living in Blaine County at the time of the offense conduct. They were charged in separate indictments in September 2012, and pleaded guilty to the charges on August 12, 2013.

U.S. District Judge Edward J. Lodge sentenced Fenesan and Beian each to two years’ probation and imposed a $2,000 fine. Judge Lodge also entered an order revoking Beian’s U.S. citizenship. Fenesan did not attempt to obtain U.S. citizenship. Fenesan and Beian will be subject to immigration enforcement action by U.S. Immigration and Customs Enforcement (ICE).

According to plea agreements filed in the cases, Fenesan and Beian admitted to marrying U.S. citizens in 2004 for the sole purpose of obtaining immigration benefits. Neither Fenesan nor Beian resided with their spouses as husband and wife, but rather continued to reside with each other. In April 2005, United States Citizenship and Immigration Services (USCIS) granted Fenesan and Beian lawful permanent resident Visas, which they would not have received had they disclosed the fraudulent nature of their marriages. In February 2010, Beian obtained naturalization as a United States citizen as a result of her fraudulent marriage.

“As this case demonstrates, abusing our immigration system to illegally obtain U.S. citizenship will not be tolerated,” said Brad Bench, special agent in charge of HSI Seattle, who oversees Idaho investigations. “These individuals will have a lifetime to contemplate the devastating consequences of manipulating the process, back in their home country and without the life they started to build in the U.S.”

The cases were investigated by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).

BOISE — Celia Perez, 40, of Jerome, Idaho, turned herself in to federal authorities today on mail fraud charges, U.S. Attorney Wendy J. Olson announced. On October 8, 2013, a federal grand jury in Boise indicted Perez on the charges. An arraignment date has not been set.

The indictment charges Perez with devising a scheme to defraud victims by obtaining money by materially false and fraudulent pretenses through the use of the U.S. Postal Service. The indictment alleges Perez represented herself as an immigration attorney, and purported to assist aliens with filing immigration paperwork. Perez allegedly accepted money from the victims for fraudulent services, and fines and fees purportedly owed to the U.S. Government. As part of the scheme to defraud, Perez allegedly created fraudulent invoices for the fines and fees, and then had the victims mail their payments to her through the U.S. Postal Service. The indictment alleges Perez did not file any immigration petitions on behalf of the victims, and that she obtained approximately $30,000 from the victims as a result of the fraud scheme.

Mail fraud is punishable by up to 20 years in prison, a maximum fine of $250,000, and up to three years of supervised release.

The case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), U.S. Postal Inspection Service, and U.S. Citizenship and Immigration Services (USCIS).

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.

BOISE – U.S. Attorney Wendy J. Olson announced that Michael Brian Clair, 33, formerly of Hazelton, Idaho, and Parker, Arizona, was sentenced today in United States District Court to 30 years in prison and 20 years of supervised release after pleading guilty to sexual exploitation of children by production of sexually explicit images of minors. U.S. District Judge Edward J. Lodge also ordered Clair to forfeit personal property used in the offense.

According to his plea agreement, Clair came to the attention of law enforcement on October 28, 2012, when he responded to an advertisement posted on Craigslist by an undercover Homeland Security agent in New Orleans, Louisiana. While conversing via email with the undercover agent, Clair made several statements about having inappropriate sexual contact with a four-year-old female and discussed trading sexually explicit images. During the plea hearing on August 13, Clair admitted that between July 2012 and January 2013, he used two prepubescent minors to engage in sexually explicit conduct, for the purpose of producing visual depictions of that conduct, and transported those images from Arizona to Idaho in late December. He also admitted distributing child pornography to others via the internet, including to a sex offender in Queensland, Australia.

Clair was also involved in trafficking sexually explicit images of 45 other children. The child pornography seized from Clair’s computer was identified by the National Center for Missing and Exploited Children (NCMEC).

“Those who victimize children by producing and distributing images of children being sexually abused will be identified, investigated and prosecuted,” said Olson. “Today’s sentence sends the strong message that local, state and federal agencies will work together in an efficient and coordinated manner to bring these predators to justice.”

“Child pornography producers and consumers destroy innocent lives,” said Brad Bench, special agent in charge of HSI Seattle, who oversees Idaho investigations. “This case provides yet another cautionary reminder for child predators who mistakenly believe they can preserve their anonymity by sharing child pornography over the Internet. When it comes to protecting children, we can't take chances. We can't ignore the obvious and we will continue to seek out these perpetrators and bring them to justice.”

U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigation (HSI) agents from Idaho, Louisiana, Washington, and Arizona investigated the case, with assistance from the Boise Police Department, Idaho State Police, the Jerome County Sheriff’s Office and the Idaho Department of Health and Welfare.

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

Defendants Each Agree to Pay Nearly $43,000 in Restitution

POCATELLO – Darin John Henecke, 37, of Pocatello, and Karen DeWall Shaw, 60, of Chubbuck, Idaho, were sentenced yesterday to five years of probation for making false statements to the Department of Housing and Urban Development (HUD), a misdemeanor, U.S. Attorney Wendy J. Olson announced. U.S. Magistrate Judge Ronald E. Bush ordered each defendant to also pay $42,905 in restitution.

According to plea agreements filed in the case, on March 13, 2009, Henecke obtained a residential loan to finance the purchase of a residence in Eagle, Idaho. The loan application submitted in support of Henecke’s loan falsely represented that his co-borrower had employment income of $2,400 per month, when in fact she had no income. The lender relied upon this information to fund the loan, which was guaranteed by HUD. Shortly after the loan was funded, it went into default and foreclosure, causing HUD to sustain a loss. When interviewed by investigators, Henecke admitted that he knew false employment information was submitted to obtain the loan.

Shaw admitted during an interview with investigators in April 2011, that she assisted in the fraud by providing false employment information in order for the borrowers to qualify for the loan. According to the plea agreement, false documents included payroll checks, check stubs, a general employment contract, and employee confidentiality agreement.

The case was investigated by the U.S. Department of Housing and Urban Development Office of Inspector General (HUD-OIG).

Today's announcement is part of efforts underway by President Obama's Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys' offices and state and local partners, it's the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.

POCATELLO – John D. Heim, 40, of Pocatello, pleaded guilty today in United States District Court to a superseding indictment charging him with conspiracy to launder money, U.S. Attorney Wendy J. Olson announced. Heim’s co-defendant, William Ray Carringer, 23, also of Pocatello, pleaded guilty to possession with intent to distribute marijuana.

According to the plea agreement, between March 1 and September 14, 2013, Heim owned and operated Heim, Inc., a business engaged in the sale of “spice,” a smokeable material containing a Schedule I controlled substance analogue. Heim admitted that he, along with other individuals, engaged in monetary transactions in excess of $10,000 from funds derived from the illegal sale and distribution of spice. Heim admitted the total amount of funds derived from the unlawful activity are $163,534. He faces up to 20 years in prison, a maximum fine of $500,000, and up to five years of supervised release. The government is seeking forfeiture of assets derived from the criminal offenses. As a result of the conviction, Heim will also forfeit to the government property he owns at 354 S. 5th, in Pocatello, and 572 Fort Hall Ave., American Falls, Idaho.

Carringer admitted in court that on May 18, 2012, he attempted to retrieve a FedEx package addressed to him that contained in excess of five pounds of marijuana. According to the plea agreement, Carringer knew the package contained the marijuana and he intended to distribute it to another individual. He faces up to five years in prison, a maximum fine of $250,000, and up to three years of supervised release.

Heim and Carringer are scheduled to be sentenced on December 17, 2013, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.

The case is the result of a joint investigation of the Organized Crime and Drug Enforcement Task Force (OCDETF), led by the Bannock County Sheriff’s Office, with assistance from the Drug Enforcement Administration (DEA), Internal Revenue Service-Criminal Investigation, Pocatello Police Department, Bingham County Sheriff’s Office, Blackfoot Police Department, and Idaho State Police. Other federal agencies participating in the OCEDTF program include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Federal Bureau of Investigation (FBI), U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), 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.

POCATELLO – Jaime Meza-Gonzalez, 47, and Saul Arellano-Alvarado, 41, both of Idaho Falls, pleaded guilty yesterday in United States District Court to federal drug charges, U.S. Attorney Wendy J. Olson announced. Meza-Gonzalez pleaded guilty to possession with intent to distribute methamphetamine, aiding and abetting; Arellano-Alvarado pleaded guilty to distributing five grams or more of methamphetamine.

Meza-Gonzalez faces up to 20 years in prison, a maximum fine of $1 million, and at least three years of supervised release. Arellano-Alvarado faces a minimum term of 10 years up to life in prison, a maximum fine of $10 million, and at least five years of supervised release.

According to the plea agreements, on November 16, 2010, an individual contacted Meza-Gonzalez for the purpose of purchasing methamphetamine. Meza-Gonzalez directed the individual to Arellano-Alvarado. On November 17, Arellano-Alvarado made arrangements to distribute methamphetamine to the individual at a parking lot in Idaho Falls, and subsequently sold the individual in excess of five grams of methamphetamine.

Arellano-Alvarado and Meza-Gonzalez are scheduled to be sentenced on December 17, 2013, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.

The third defendant, Roberto Carlos Camarena, 25, of Sugar City, Idaho, is a fugitive. A warrant has been issued for his arrest.

The charges are the result of an investigation by the Organized Crime Drug Enforcement Task Force (OCDETF), including the Federal Bureau of Investigation (FBI), Idaho State Police, Bonneville County Sheriff's Office, Idaho Falls Police Department, Madison County Sheriff's Office, Rexburg Police Department, Bingham County Sheriff’s Office, Fremont County Sheriff’s Office, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Internal Revenue Service-Criminal Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Other federal agencies participating in the OCDETF program include the Drug Enforcement Administration and the 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.

BOISE – Jason Lee Holmberg, 39, of Middleton, Idaho, pleaded guilty today in federal court to conspiracy to distribute methamphetamine and interstate transportation in aid of racketeering, U.S. Attorney Wendy J. Olson announced. Holmberg also agreed to forfeit assets associated with the illegal activities.

According to court documents, Holmberg admitted to being a leader of the conspiracy, which existed from May 2012 through April 18, 2013.

The charge of conspiracy to distribute more than 50 grams of actual methamphetamine is punishable by not less than 10 years in prison, a maximum fine of $10 million, and at least five years of supervised release. The charge of interstate transportation in aid of racketeering is punishable by up to five years in prison, a maximum fine of $250,000, and up to three years of supervised release.

Holmberg is set for sentencing on December 2, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.

On May 16, 2013, Holmberg and 19 others were charged in an 89-count federal indictment with conspiracy to distribute methamphetamine, possession with intent to distribute methamphetamine, interstate transportation in aid of racketeering, and use of a communication device in drug trafficking.

The indictment is the result of a joint investigation of the Organized Crime and Drug Enforcement Task Force (OCDETF), led by the Drug Enforcement Administration in conjunction with the Nampa Police Department and Boise Police Department. Other federal agencies participating in the OCDETF program include the Bureau of Alcohol, Tobacco, Firearms and Explosives, Bureau of Land Management, Federal Bureau of Investigation, 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.

BOISE – Phillip Bernardino Chavez, 30, of Las Vegas, Nevada, was sentenced today in United States District Court to 30 months in prison followed by three years of supervised release for illegally possessing a machine gun, U.S. Attorney Wendy J. Olson announced. Chavez appeared before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.

According to the plea agreement, in December 2012, Chavez’s co-defendant, Ronald Alexander, offered to sell a rifle to a Nampa Police detective working undercover. After discussing the terms of a transaction, Alexander told the undercover officer that an automatic rifle would cost $3,200. Arrangements were made for the undercover officer to purchase the firearm during a controlled operation. On December 18, 2012, the undercover officer met with Alexander and Chavez. Chavez presented the undercover officer with a Pioneer Arms Corporation 7.62x25 rifle and a bag containing three magazines, in exchange for $3,200. At the conclusion of the transaction, law enforcement agents arrested Alexander and Chavez. Chavez pleaded guilty to the charge on July 3, 2013, admitting that he knew the firearm was a fully automatic machine gun.

Co-defendant Ronald Keith Alexander, 38, of Boise, was sentenced last month to 46 months in prison. Alexander was also prohibited from possessing firearms due to a 2001 felony conviction for robbery in Walla Walla County, Washington.

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

The defendants were 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 – U.S. Attorney Wendy J. Olson announced today that Roy Jesse Gomez, 31, of Boise, Idaho, was sentenced to 76 months in prison followed by four years of supervised release for distribution of methamphetamine and unlawful possession of firearms. U.S. District Judge Edward J. Lodge sentenced Gomez at the federal courthouse in Boise. Gomez pleaded guilty to the charges on June 27, 2013.

According to the plea agreement, Gomez admitted to selling methamphetamine and firearms to a person who was acting as a confidential informant. Gomez sold methamphetamine to the confidential informant on multiple occasions beginning in January 2013. Gomez also sold the same individual nine firearms in January 2013. According to information presented in court, eight of the firearms were stolen and the last firearm had an obliterated serial number. Gomez, a documented member of a criminal gang, was prohibited from possessing the firearms because he was previously convicted of the felony crime of burglary in 2011.

The case was investigated by the Treasure Valley Metro Violent Crimes Task Force and the High Desert Drug Enforcement Task Force. The Metro 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 the Idaho Department of Correction.

The 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.

Law Enforcement Eradicates 5,585 Live Plants at Two Grow Sites on Public Lands

BOISE – Juan Pablo Villasenor-Villa, 28, Marcos Solano-Farias, 30, Carlos Cerda-Carpio, 40, and Jose Misael Ayala-Talavera, 19, all Mexican nationals, and Mariah D. Villasenor-Rodriguez, 21, of Caldwell, Idaho, were arrested last week by the Drug Enforcement Administration, Bureau of Land Management and U.S. Forest Service in connection with a large marijuana growing operation on public lands, U.S. Attorney Wendy J. Olson announced.

The complaints allege the defendants knowingly and intentionally manufactured, distributed, or possessed with intent to distribute at least 100 marijuana plants, and that three of the defendants possessed or used a firearm during or in furtherance of a drug trafficking crime. Preliminary hearings are set for 9:30 a.m. on September 27, 2013, before U.S. Magistrate Judge Candy W. Dale at the federal courthouse in Boise.

On September 11, 2013, law enforcement conducted enforcement actions on an outdoor marijuana grow located near Rabbit Creek in Boise County, Idaho. Solano-Farias, Cerda-Carpio, and Ayala-Talavera were apprehended by law enforcement at a camp located approximately 100 meters from the marijuana grow site. According to the complaints, investigators found and seized two semi-automatic handguns, an SKS or AK-47 type rifle in the sleeping area of the camp, and several hundred marijuana plants that had already been harvested from the growing operation. Investigators also located and eradicated 785 live marijuana plants. Villasenor-Villa and Villasenor-Rodriguez were arrested on September 13 in Caldwell.

During the course of the investigation of the Rabbit Creek grow, investigators learned of another grow site at Beaver Creek, also off Highway 21, where, yesterday, investigators removed over 4,800 marijuana plants from the dispersed grow site.

Olson reminded hunters and others that if they encounter signs of a marijuana grow while recreating on public lands this fall, they should leave the area immediately and report the grow to law enforcement. “Marijuana growers can be dangerous,” said Olson. “Please leave investigations to properly trained law enforcement officers. Should you encounter any evidence of a marijuana grow on public lands, please contact your nearest federal, state or local law enforcement agency or call the Drug Enforcement Administration at (208) 386-2100, or the marijuana hotline at (208) 961-1111. For more information on what to do if you encounter a marijuana grow on public lands, please visit http://fishandgame.idaho.gov/public/hunt/?getPage=276.”

If convicted, the defendants face at least five years in federal prison, a maximum fine of $5 million, and at least four years of supervised release. Those who possessed the firearms face a consecutive five year sentence.

The case is being investigated by the Drug Enforcement Administration, Bureau of Land Management, and United States Forest Service, with assistance from the Ada County Sheriff’s Office, Boise County Sheriff’s Office, Boise Police Department, City County Narcotics Unit (Canyon County Sheriff’s Office and Caldwell Police Department), the Idaho National Guard, Meridian Police Department, Nampa Police Department, Spokane Police Department, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and Washington State Police.

Treasure Valley Residents Convicted of Conspiracy, Obstruction of Justice, Wire and Tax Fraud

BOISE – Elaine Martin, 66, of Meridian, Idaho, the former president and majority stockholder of MarCon, Inc., was convicted by a federal jury in Boise today of 22 criminal counts, including four counts of filing false individual and corporate tax returns, two counts of conspiracy to defraud the United States, five counts of wire fraud, five counts of mail fraud, one count of false statement, three counts of interstate transportation of property taken by fraud, one count of conspiracy to obstruct justice and one count of obstruction of justice, U.S. Attorney Wendy J. Olson and Assistant Attorney General for the Tax Division Kathryn Keneally announced. Martin’s co-defendant, Darrell Swigert, 67, of Boise, a minority shareholder in Marcon, was found guilty of two counts of obstruction of justice and one count of conspiracy to obstruct justice. Sentencing for both defendants has been set for December 9, 2013, before Chief U.S. District Judge B. Lynn Winmill.

“The jury's verdicts send the strong message that those who seek federal government contracts must deal openly and honestly with the federal government,” said Olson. “I commend the cooperative investigation and prosecution in this case that involved the efforts of several agencies. This office will continue to prioritize and vigorously prosecute those who defraud the federal government and federal taxpayers.”

During the 26-day trial, the jury heard evidence that as early as 2000, Martin submitted false and fraudulent applications to have her construction company, Marcon, admitted and/or remain in two different federally funded programs, the U.S. Small Business Administration (SBA) 8(a) Program, and the Department of Transportation Disadvantaged Business Enterprise (DBE) Program. Both programs are designed to help economically and socially disadvantaged businesses compete in the marketplace. To be admitted into the program, the owner/shareholder that qualifies as socially disadvantaged must also demonstrate economic disadvantage, in part by having a personal net worth below a certain statutory cap.

According to evidence presented at trial, Martin took steps to artificially lower her personal net worth, such as acquiring, holding and transferring assets into the names of nominees in order to appear to be economically disadvantaged. This allowed Martin’s construction firm, MarCon, to qualify for the DBE and SBA 8(a) programs. Martin also caused false and fraudulent tax returns to be filed for herself and Marcon, Inc., which did not report all of the income received by Martin or the company. The false returns were submitted in support of Marcon’s applications to the SBA 8(a) Program and DBE Programs for Idaho and Utah, along with false personal financial statements. The government presented evidence that Martin omitted, deleted, altered and mis-categorized entries in Marcon’s financial books and records. Martin also concealed her role or relationship in other business entities that dealt with Marcon, Inc.

The jury heard evidence that Marcon received more than $2.5 million in government contracts based on the company’s fraudulently obtained SBA 8(a) status, and that Marcon received more than $15 million in government contracts based on the company’s fraudulently obtained DBE status in the states of Idaho and Utah.

The government presented evidence that in order to impede an IRS audit of MarCon and criminal investigation into Martin, Martin and Swigert conspired to obstruct justice by fabricating documents and making false statements that sought to conceal the true nature, source, and extent of property belonging to Martin.

The government is seeking $9,237,722.10 in forfeiture from Martin, which represents the proceeds obtained as a result of the criminal conduct.

“The Small Business Administration Office of Inspector General is committed to helping ensure that only eligible disadvantaged small businesses benefit from the SBA’s 8(a) Business Development Program. We are pleased with the jury's verdict today which sends a strong message to those who lie to obtain preferences for federal contract awards,” said Inspector General Peggy E. Gustafson of the Small Business Administration.

“This verdict should send a clear message, income tax evasion is unacceptable and those who attempt to commit such fraud will be brought to justice,” said Stephen Boyd, IRS Criminal Investigation Special Agent-in-Charge for the State of Idaho.

“The Disadvantaged Business Enterprise (DBE) Program is a business assistance program of the U.S. Department of Transportation (DOT) which helps economically and socially disadvantaged small businesses compete in the marketplace. DBE fraud harms the integrity of the program and adversely impacts law-abiding, small business contractors trying to compete on a level playing field,” said William Swallow, regional Special Agent-in-Charge of the DOT’s Office of Inspector General. “Working with our Federal, State, and local law enforcement and prosecutorial colleagues, we will vigorously pursue those who violate the law, and expose and shut down fraud schemes that adversely affect public trust and DOT-assisted highway programs.”

The charge of making and subscribing a false return is punishable by up to three years in prison and up to three years of supervised release. The charge of conspiracy is punishable by up to five years in prison and up to three years of supervised release. Wire fraud is punishable by up to 20 years in prison and up to five years of supervised release. The charge of making a false statement is punishable by up to two years in prison and up to one year of supervised release. The charge of mail fraud is punishable by up to 20 years in prison and up to five years of supervised release. Each charge of interstate transportation of property taken by fraud is punishable by up to 10 years in prison and up to three years of supervised release. The charges of conspiracy to obstruct justice and obstruction of justice are each punishable by up to five years in prison and up to three years of supervised release. The aforementioned charges are each punishable by a maximum fine of $250,000, per count.

The case was investigated by Internal Revenue Service-Criminal Investigation, Federal Bureau of Investigation, the Office of Inspector General for the U.S. Small Business Administration, and the Office of Inspector General for the U.S. Department of Transportation.

Today's announcement is part of an effort by President Obama's Financial Fraud Enforcement Task Force (FFETF), created in November 2009, to combat financial fraud crimes by waging aggressive, coordinated and proactive investigations and prosecutions. With more than 20 federal agencies, 94 U.S. attorneys' offices and state and local partners, the task force is the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.

BOISE — Jeremy E. Durkin, 35, of Coeur d’Alene, Idaho, pleaded guilty in federal court on September 19, 2013, to use of a facility of interstate commerce to transmit information about a minor, U.S. Attorney Wendy J. Olson announced

According to the plea agreement, the matter came to the attention of law enforcement on September 23, 2010, when, during routine cell search at the Idaho State Correctional Institution, a correctional officer found a letter on Durkin's bunk, which referenced a Yahoo e-mail account. The letter, written by Durkin, referred to the intended recipient as “you sexy sixteen-year-old.” In the letter, Durkin is asking someone he referred to in the greeting as “my Love,” to keep his (Durkin’s) Yahoo e-mail account active by logging on to it once a month and deleting all incoming mail. The letter further states: “This way I wont loose [sic] all the photos have up there. I don't really want to ask anybody else cuz there is naked photos of you that I don't want anybody to see.”

The FBI identified the victim as a high school student in Oregon. When interviewed, the youth told investigators that Durkin initiated contact in December 2009 via Facebook. The victim further stated that Durkin (who was not known by the victim prior to that time) persuaded the victim to call him at a telephone number in Idaho. The two spoke telephonically and “hit it off,” according to the victim. Durkin initially gave a false name, but not long after they met online, told the youth his true name. According to the victim, Durkin knew the teenager was 15 years old at the time.

According to the victim, from December 2009 until the summer 2010, Durkin was in constant contact via e-mail, telephone and U.S. Mail. The youth described their relationship as being almost immediately romantic and sexual, and said they exchanged sexually explicit photos. A search of Durkin’s Yahoo! account confirmed the allegations. The two never met in person; their relationship was entirely via telephone, e-mail and U.S. Mail.

In 2005, Durkin pleaded guilty in Kootenai County, Idaho, to one count of lewd conduct with a child under age 16. He was on parole and out of custody at the time the incidents occurred that resulted in the new federal charges. Durkin’s parole was revoked in 2010 and he was returned to prison. He is currently serving a state prison sentence on the Kootenai County case and is scheduled for release in 2016.

The federal charge of using a facility of interstate commerce to transmit information about a minor, when committed by a person convicted of a prior sex offense, is punishable by up to 10 years in prison, a maximum fine of $250,000, and up to lifetime supervised release.

Sentencing is set is for December 2, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.

The case was investigated by the Federal Bureau of Investigation and the Idaho Department of Correction. Both agencies are southern Idaho members of the Idaho Internet Crimes Against Children (ICAC) Task Force, a statewide coalition of local, state and federal law enforcement and prosecution agencies, focused on apprehending and prosecuting individuals who use the Internet to criminally exploit children. For more information about the Idaho ICAC Task Force and a list of all the participating agencies, visit www.icacidaho.org.

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 – Norman Leroy Bogart, 51, of Kingston, Idaho, was sentenced in federal court yesterday to three years of probation for illegally cutting timber on national forest lands, U.S. Attorney Wendy J. Olson announced. Senior U.S. District Judge Robert H. Whaley also ordered Bogart to pay $1,700 in restitution. He pleaded guilty to one felony count of willful injury or depredation of property of the United States on June 24, 2013.

According to the plea agreement, Bogart admitted that between April and October 2012, he illegally cut and hauled timber from an area within the Idaho Panhandle National Forests, near his home in Kingston, Idaho. The U.S. Forest Service initiated an investigation after discovering that 40 green trees had been cut within the one area. U.S. Forest Service investigators used a deer camera to capture Bogart’s vehicle traveling to and from the cut site.

On October 3, 2012, the U.S. Forest Service executed a search warrant at Bogart’s residence and seized more than 58 cords of timber cut into firewood. One pile was estimated to be 40 feet long, 10 feet wide and 10 feet tall, according to the plea agreement. Investigators determined that most of the timber was green when cut. Investigators matched some of the larger timber seized from Bogart’s property to several stumps at the cut location within the Idaho Panhandle National Forests.

The case was investigated by the U.S. Forest Service, with the assistance of the Idaho State Police, the North Idaho Violent Crimes Task Force, and the Shoshone County Sheriff’s Office.

Admitted Possessing More than 3,500 Images

COEUR D’ALENE – Brian Daniel Rowe, 28, of Coeur d’Alene, Idaho, was sentenced yesterday in United States District Court to 33 months in prison followed by 10 years of supervised release for possession of sexually explicit images of minors, U.S. Attorney Wendy J. Olson announced. Senior U.S. District Judge Robert H. Whaley also ordered Rowe to pay $1,500 in restitution to the victim. He pleaded guilty to the charge on May 29, 2013.

According to the plea agreement, Rowe admitted that in July 2012, he possessed a computer and a smart phone that contained more than 3,500 sexually explicit images of minors. When interviewed by investigators, Rowe admitted to downloading sexually explicit images of minors for years. Authorities were alerted to Rowe’s illegal behavior earlier in 2012, when they received information that Rowe was making child pornography available to others on an Internet peer-to-peer network. Investigators subsequently executed a search warrant at Rowe’s residence and seized computers and his smart phone.

“Those who victimize children by possessing and distributing images of children being sexually abused will be identified, investigated and prosecuted,” said Olson. “Yesterday’s sentence shows that those who sexually exploit our children will spend significant time in prison. I commend the cooperative federal, state and local law enforcement effort that brought Brian Rowe to justice.”

The case was investigated by the Idaho Attorney General’s Office, Meridian Police Department, Coeur d’Alene Police Department, Nampa Police Department, Kootenai County Prosecutor’s Office, Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and United States Secret Service. The agencies are members of the Idaho Internet Crimes Against Children (ICAC) Task Force, a statewide coalition of local, state and federal law enforcement and prosecution agencies focused on apprehending and prosecuting individuals who use the Internet to criminally exploit children. For more information about the Idaho ICAC Task Force and a list of participating agencies, visit www.icacidaho.org.

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.”

VAWA 2013 Implementation, Offender Reentry, White Collar Crime, Juvenile Justice
Among Agenda Items

BOISE — U.S. Attorneys from the Attorney General’s Advisory Council (AGAC) Native American Issues Subcommittee (NAIS) will meet in Hood River, Ore., next week, Sept. 17-19, 2013. On the agenda are, among other items, efforts to strengthen offender reentry efforts in Indian country, to address juvenile justice and the effects of exposure to violence on American Indian and Alaska Native youth, to defend Indian hunting and fishing rights, to clarify jurisdictional issues on the Columbia River, and to support implementation of the Violence Against Women Reauthorization Act of 2013 (VAWA 2013).

On Sept. 18, U.S. Associate Attorney General Tony West and Assistant Attorney General for the Office of Justice Programs Karol Mason will join the U.S. Attorneys for a special joint session with tribal leaders from Oregon, Washington, and Idaho to be held in Celilo Village, Ore.

“While we are mindful of the great progress that is being made by U.S. Attorneys and tribal justice systems across Indian country, I look forward to exploring with the NAIS and tribal leaders ways that we can strengthen our government-to-government relationships even more, work ever closer with tribal nations, and advance our shared goal of building safe, sustainable, and healthy communities,” said Associate Attorney General West.

“The meeting at Hood River and Celilo Village provides an important opportunity for United States Attorneys, Department of Justice officials and federal agencies with Indian country responsibility to consult with Northwest tribal leaders on a wide range of issues critical to public safety in Indian country,” said Wendy J. Olson, U.S. Attorney for Idaho. “I am pleased that the meeting is taking place at a site of great cultural and historical importance to the Columbia River Tribes, including the Nez Perce.”

Thirty U.S. Attorneys from districts with Indian country or one or more federally recognized tribes serve on the NAIS. The NAIS focuses exclusively on Indian country issues, both criminal and civil, and is responsible for making policy recommendations to the Attorney General regarding public safety and legal issues.

VAWA 2013 was signed into law by President Obama on March 7, 2013. This law contains provisions that significantly improve the safety of native women and allow federal and tribal law enforcement agencies to hold more perpetrators of domestic violence accountable for their crimes. Many of these critical provisions were drawn from the U.S. Department of Justice’s July 2011 proposal for legislation to combat violence against native women. The department is exploring with tribal leaders how the department can help support the new law’s implementation. This law generally takes effect on March 7, 2015, but also authorizes a voluntary pilot project to allow certain tribes to begin prosecuting additional cases sooner.

In June 2009, Attorney General Eric Holder launched a department-wide initiative to enhance public safety in Indian country. Significant progress has been made since then, and the U.S. Attorney’s Offices with Indian country jurisdiction have had a major role in this success.

In May 2013, the Justice Department released its first report to Congress, required under the Tribal Law and Order Act, entitled Indian Country Investigations and Prosecutions (ICIP). The ICIP report, based on data compiled from the case management system used by U.S. Attorney’s Offices (USAOs) with Indian country jurisdiction, shows among other things a 54 percent increase in Indian country criminal prosecutions since 2009.

The information contained in the report shows, among other things, the following:

• The Justice Department’s prioritization of Indian country crime has resulted in a notable increase in commitment to overall law enforcement efforts in Indian country. Caseloads have increased overall from 1,091 cases filed in fiscal year (FY) 2009 to 1,138 in FY 2010 to 1,547 in FY 2011 to 1,677 in FY 2012. This represents a 54 percent increase in the Indian country crime caseload.
• The report shows a new era of partnership between the federal government and American Indian tribes, including an unprecedented level of collaboration with tribal law enforcement. The increase in collaboration and communication strengthens the bond of trust between federal and tribal investigators, prosecutors and other personnel in both federal and tribal criminal justice systems. As a result, tribal communities will be safer places to live, work, and raise families.

In the District of Idaho, prosecutions in Indian country have increased over the last four years. In fiscal year 2013, the U.S. Attorney's Office increased its Indian Country cases filed by 22 percent over fiscal year 2012. In addition, the U.S. Attorney's Office has worked closely with tribal law enforcement to provide training to tribal officers throughout Idaho.

Read more about the Justice Department’s efforts to support implementation of VAWA 2013: http://www.justice.gov/tribal/vawa-tribal.html.

Read the entire ICIP report at www.justice.gov/tribal/tloa-report-cy-2011-2012.pdf.

Read about the Justice Department’s efforts to increase public safety in Indian County at www.justice.gov/tribal/accomplishments.html.

COEUR D'ALENE – Nicholas P. Allman, 23, of Kamiah, Idaho, was sentenced today in United States District Court to 21 months in prison for involuntary manslaughter, U.S. Attorney Wendy J. Olson announced. Senior U.S. District Judge Robert H. Whaley also ordered Allman to serve three years of supervised release. He pleaded guilty to the charge on June 11, 2013.

According to statements made in court, on October 28, 2011, Allman and two friends attended an outdoor party outside of Kooskia, Idaho. Witnesses at the party recalled that Allman was drinking alcohol and appeared to be intoxicated. In the early morning hours of October 29, 2011, the men left the party with Allman driving the vehicle. Approximately one hour later, Allman failed to negotiate a turn on Harris Ridge Road. His vehicle left the roadway and rolled down a steep embankment onto U.S. Highway 12 below. The three men were ejected from the vehicle. James Oatman Jr. died during the rollover and was pronounced dead at the scene. Allman’s blood was drawn by police later that morning and it was determined that he was intoxicated, having a blood alcohol level above .08.

The case was investigated by the Federal Bureau of Investigation, Idaho State Police, and Nez Perce Tribal Police, with assistance from the Idaho County Sheriff’s Office.

Two Co-defendants Scheduled for Sentencing in November

POCATELLO – Fernando Garcia, 31, of Logan, Utah, pleaded guilty today in United States District Court to one count of conspiracy to distribute cocaine, U.S. Attorney Wendy J. Olson announced.

According to the plea agreement, on April 22, 2011, Garcia arranged to sell and subsequently delivered cocaine to another individual in Idaho Falls, Idaho, for $1,150. Garcia admitted knowing the substance he was distributing was cocaine.

Garcia is scheduled to be sentenced on November 19, 2013, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello. He faces up to 20 years in prison, a maximum fine of $1 million, and at least three years of supervised release.

Two co-defendants, Josue Rodriguez-Sanchez, and Julian Vega-Valdez, both 25-, of Idaho Falls, pleaded guilty on August 14, 2013, to related drug charges. Sentencing is set for November 18, 2013.

The charges are the result of an investigation by the Organized Crime Drug Enforcement Task Force (OCDETF), including the Idaho State Police, U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), Bonneville County Sheriff's Office, Idaho Falls Police Department, Madison County Sheriff's Office, Rexburg Police Department, Bingham County Sheriff’s Office, Fremont County Sheriff’s Office, Federal Bureau of Investigation (FBI), Internal Revenue Service-Criminal Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Other federal agencies participating in the OCDETF program include the Drug Enforcement Administration and the 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.

POCATELLO – Noe Munguia-Diaz, a/k/a Juan Ernesto Medina-Munguia, 35, of Rexburg, Idaho, was found guilty today in federal court in Pocatello of six counts of distributing methamphetamine, one count of possession with intent to distribute methamphetamine, and two counts of unlawfully possessing firearms, U.S. Attorney Wendy J. Olson announced. Munguia-Diaz appeared before the Hon. Terry J. Hatter, Jr., Senior U.S. District Judge for the Central District of California. He waived his right to trial by a jury in August 2013.

During the two-day trial, Judge Hatter heard evidence that Munguia-Diaz sold methamphetamine to other individuals on six occasions between March 23, 2011, and October 19, 2012. During one of the sales, Munguia-Diaz also sold a handgun. Judge Hatter also heard evidence that on March 4, 2013, when the defendant was arrested, Rexburg police officers found over $4,500 in the possession of the defendant and his female passenger, evidence that Munguia-Diaz had deposited that day a total of $15,000 between two different banks, and a loaded handgun. Later than night, pursuant to a search warrant, officers recovered approximately one ounce of methamphetamine from a heating vent in Mungua-Diaz’s bedroom. Munguia-Diaz admitted to officers that he had methamphetamine in his house and that the firearm in the car belonged to him.

Munguia-Diaz is scheduled to be sentenced by Judge Hatter on December 3, 2013, at the federal courthouse in Pocatello. He faces a minimum term of five up to 40 years in prison, a maximum fine of $5 million, and at least four years of supervised release. Munguia-Diaz will forfeit the two firearms he unlawfully possessed and $31,202 as proceeds from his criminal offenses.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Madison County Sheriff’s Office, with assistance by Bingham Co. Sheriff’s Office, Blackfoot Police Department, Federal Bureau of Investigation, Fremont Co. Sheriff’s Office, Idaho State Police, Jefferson Co. Sheriff’s Office, Rexburg Police Department, and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).

POCATELLO – John Robert Anderson, 34, of Idaho Falls, Idaho, was sentenced today to 24 months in prison followed by four years of supervised release for possession with intent to distribute in excess of five grams of actual methamphetamine, U.S. Attorney Wendy J. Olson announced. Anderson was sentenced by Senior U.S. District Judge Terry J. Hatter, Jr., at the federal courthouse in Pocatello. He pleaded guilty to the charge on February 7, 2013.

According to the plea agreement, on August 29, 2012, law enforcement officers arrested Anderson in Idaho Falls for outstanding warrants. A subsequent search revealed Anderson was in possession of 19 grams of a substance containing 17.36 grams of methamphetamine, a digital scale disguised as a cell phone, and baggies. Anderson admitted he possessed the methamphetamine with the intention of distributing it to another person.

The indictment was a result of an investigation by the Organized Crime Drug Enforcement Task Force (OCDETF), including the Idaho State Police, Bonneville County Sheriff's Office, Idaho Falls Police Department, Madison County Sheriff's Office, Rexburg Police Department, Bingham County Sheriff’s Office, Fremont County Sheriff’s Office, Federal Bureau of Investigation (FBI), U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), Internal Revenue Service-Criminal Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Other federal agencies participating in the OCDETF program include the Drug Enforcement Administration and the 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.

BOISE –The United States Justice Department and U.S. Attorney Wendy J. Olson announced today that they reached an agreement with the Jerome County Sheriff’s Office to resolve the allegations that Jerome County violated the employment rights of Idaho Army National Guard Member Mervin Jones while he was recuperating from a knee injury that he sustained while performing military service.

The Justice Department’s complaint alleged that the Jerome County Sheriff’s Office violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by failing to properly reemploy and subsequently terminating Jones following his service with the Idaho Army National Guard. The complaint states that Jones began working for the Jerome County Sheriff’s Office as a correctional deputy in 2002. By 2007, he had been promoted through the ranks to Corporal. During his employment with the Sheriff’s Office, Jones suffered a knee injury while deployed to Iraq in 2004, which Jones later aggravated in 2008 during a weekend training event with his Guard unit. The complaint alleges that in 2009, while Jones was still recuperating from multiple knee surgeries, the Sheriff’s Office forced him to complete Family Medical Leave Act (FMLA) paperwork even though his leave was protected under USERRA, denied him light duty work to accommodate his physical limitations caused by the knee injury, attempted to subject him to an unlawful “fitness for duty” evaluation and physical fitness test before allowing him to return to work, and terminated his employment during the period of time permitted by USERRA to recover from an injury incurred in the line of duty. The settlement reached is a compromise to avoid the expense and uncertainty of litigation. Jerome County does not admit to all of the allegations.

Subject to certain limitations, USERRA requires that service members who leave their civilian jobs to serve in the military be reemployed promptly by their civilian employers in the positions they would have held if their employment had not been interrupted by military service or in positions of comparable seniority, pay, and status. In addition, USERRA requires employers to accommodate service members who are injured in the line of duty, and allows service members who are recuperating from such an injury up to two years to obtain reemployment without facing termination by their civilian employers.

Under the terms of the agreement, which was filed as a Consent Decree in the U.S. District Court for the District of Idaho, Jerome County has agreed to pay $150,000 (which includes $75,000 in lost wages) to Jones. Jerome County has also agreed to provide a letter that requests Jones’ return to the state employment eligibility register maintained by the Human Resources Department of the State of Idaho.

“This settlement demonstrates our vigilant protection of the employment opportunities of our service members, and our commitment to vigorous enforcement of the laws that protect them,” said Jocelyn Samuels, Acting Assistant Attorney General for the Civil Rights Division. “The department is pleased that we were able to work cooperatively with Jerome County to resolve this matter without the need for contested litigation.”

“USERRA affords military members who leave their civilian careers behind for significant periods of time to serve our country certain protections against unjust terminations,” said Wendy Olson, United States Attorney for the District of Idaho. “It is important that all veterans and especially those veterans who are injured serving their country, have the opportunity to return to civilian life and their careers free from worry about termination without cause.”

The case stems from a referral by the United States Department of Labor following an investigation by the Department of Labor’s Veterans’ Employment and Training Service. This case is being handled by the Civil Rights Division and the U.S. Attorney’s Office for the District of Idaho.

Additional information about USERRA can be found on the Justice Department website: www.servicemembers.gov and www.usdoj.gov/crt/emp, as well as on the Labor Department’s website at www.dol.gov/vets/programs/userra/main.htm.

POCATELLO – Loyal Dean Williams, 38, of Pocatello, Idaho, was sentenced yesterday in United States District Court to 70 months in prison for distributing methamphetamine, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Williams to serve four years of supervised release.

On June 4, 2013, Williams admitted in court that on September 14, 2010, he met with an individual in Idaho Falls, Idaho, and sold that individual 6.8 grams of methamphetamine for $1,000. The substance was tested by DEA’s Western Laboratory and confirmed to contain 6.7 grams of actual methamphetamine. On October 5, 2010, Williams again met with and sold the same individual 6.3 grams of methamphetamine for $900. Testing confirmed the substance contained 6.1 grams of actual methamphetamine.

The case is the result of an investigation by the Organized Crime Drug Enforcement Task Force (OCDETF), led by the Federal Bureau of Investigation and Idaho State Police. Other federal agencies participating in the OCDETF program include U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), Internal Revenue Service-Criminal Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Drug Enforcement Administration (DEA), and U.S. Marshals Service.

POCATELLO – Jesus Manuel Avila, 46, of Ammon, Idaho, was sentenced yesterday in United States District Court to 12 months in prison, followed by 12 months of home detention with electronic monitoring, for distributing five grams or more of actual methamphetamine, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Avila to serve five years of supervised release and pay a $1,000 fine. He pleaded guilty to the charge on March 19, 2013.

According to the plea agreement, on two occasions, including August 1, 2011, Avila agreed to sell methamphetamine to another individual. Avila subsequently met with the individual in Blackfoot, Idaho, where he sold an ounce of methamphetamine containing five grams or more of methamphetamine.

The case was investigated by the Idaho State Police.

POCATELLO – Noe Gonzalez, 29, of Nampa, Idaho, pleaded guilty yesterday in United States District Court in Pocatello to conspiracy to distribute and possess with intent to distribute 93.53 grams of methamphetamine, U.S. Attorney Wendy J. Olson announced.

According to court records, on February 12, 2013, Idaho State Police stopped Gonzalez and his passenger for a traffic violation. Gonzalez provided a false identification document to the officer. Subsequently, police found drug paraphernalia and a handgun inside the vehicle. Gonzalez and his passenger were arrested and the vehicle impounded. When the vehicle was searched pursuant to a search warrant, police discovered a white tube sock containing four baggies of methamphetamine hidden in the dash and 9 millimeter handgun ammunition hidden in a void above the glove box. Forensic examination of the methamphetamine by the Idaho State Lab determined its total weight to be 93.53 grams.

The charge of conspiracy to distribute is punishable by ten years up to life in prison, a maximum fine of $10 million, and at least five years supervised release.

Sentencing is set for November 18, 2013, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.

The charges are the result of an investigation by the Organized Crime Drug Enforcement Task Force (OCDETF), led by the Idaho State Police and Federal Bureau of Investigation. Other federal agencies participating in the OCDETF program are the Drug Enforcement Administration, U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), Internal Revenue Service-Criminal Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the 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 – Allen Farris Wright, 21, of Libby, Montana, pleaded guilty today in United States District Court in Coeur d’Alene, to unlawful possession of a firearm, U.S. Attorney Wendy J. Olson announced. Wright was indicted by a federal grand jury in Idaho on March 19, 2013.

According to court documents, Wright is prohibited from possessing firearms due to his prior conviction for burglary in San Joaquin County, California, a felony offense punishable by a term of imprisonment exceeding one year. On January 11, 2011, Wright unlawfully possessed a Ruger .357 Magnum firearm.

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.

Sentencing is set for December 3, 2013, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Coeur d’Alene.

The case was investigated by the North Idaho Violent Crimes Task Force (NIVCTF). NIVCTF members include the Federal Bureau of Investigation, the Idaho State Police, Kootenai County Sheriff's Office, Shoshone County Sheriff's Office, Bonner County Sheriff's Office, Coeur d'Alene Police Department, Post Falls Police Department, and Coeur d'Alene Tribal Police. The NIVCTF investigates a myriad of violent crimes, including armed robbery, kidnapping, felonious assault and drug trafficking.

The case was prosecuted as part of Idaho’s Project Safe Neighborhoods Program, which seeks to reduce gun violence in Idaho.

COEUR D’ALENE – Angeline Morago George, 36, of Plummer, Idaho, and Portland, Oregon, pleaded guilty today in federal court to conspiracy to commit theft from a tribal organization, U.S. Attorney Wendy J. Olson announced. George and co-conspirator Billy E. Moffitt, 26, of Plummer and Lewiston, Idaho, were charged in a federal indictment on May 21, 2013. Moffitt pleaded guilty to the charge on August 20.

According to the plea agreement, Angeline George was employed by the Coeur d’Alene Tribal Housing Authority and was issued a credit card related to her duties. Between February 2 and February 23, 2013, George and Moffitt drove from the Coeur d’Alene reservation to Spokane, Washington, where George purchased $4,175.26 in money orders from local Money Tree stores. George or Moffitt would then cash the money orders and use the cash for their personal use and benefit. As part of their agreement with prosecutors, George and Moffitt agreed to pay restitution to the Coeur d’Alene Tribal Housing Authority.

The defendants each face up to five years in prison, a maximum fine of $250,000, and up to three years of supervised release.

George is scheduled to be sentenced on December 3 and Moffitt on November 5, 2013, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Coeur d’Alene.

“Those who are entrusted with public funds have a solemn obligation to act in the public interest,” said Olson. “Ms. George violated the trust placed in her by the Coeur d’Alene Tribal Housing Authority, by putting personal gain ahead of her public obligation. Appropriately, Ms. George and her co-conspirator, Mr. Moffitt, will reimburse the Coeur d’Alene Tribe for the money they stole. I commend the Coeur d’Alene Tribal Police and the FBI for their thorough investigation of this case.”

The case was investigated by Coeur d’Alene Tribal Police and the Federal Bureau of Investigation.

POCATELLO – Marco Antonio Echeverria, 25, of Idaho Falls, Idaho, pleaded guilty yesterday in United States District Court to distributing methamphetamine, U.S. Attorney Wendy J. Olson announced.

According to the plea agreement, an individual working with law enforcement contacted co-defendant Juan Carlos Garcia and made arrangements to purchase methamphetamine. Garcia directed the individual to another location in Idaho Falls, Idaho, where he met with Echeverria. Echeverria told the individual that Garcia had asked him to handle the transaction. The next day, Echeverria provided the individual with methamphetamine, as previously agreed. Echeverria admitted knowing the substance he was distributing was methamphetamine.

Echeverria’s sentencing is set for November 20, 2013, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello. He faces up to 20 years in prison, a maximum fine of $1 million, and at least three years of supervised release.

Five co-defendants – Juan Garcia, 35, Fausto Enrique Urias, 32, Erica Rodriguez, 33, and Misty Chapman, 29, all of Idaho Falls, and Benito Vasquez Joya, 58, of Rigby Idaho – pleaded guilty earlier this month to related drug charges. They are scheduled to be sentenced on October 23, 2013, in Pocatello.

The charges are the result of an investigation by the Organized Crime Drug Enforcement Task Force (OCDETF), including the Idaho State Police, U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), Bonneville County Sheriff's Office, Idaho Falls Police Department, Madison County Sheriff's Office, Rexburg Police Department, Bingham County Sheriff’s Office, Fremont County Sheriff’s Office, Federal Bureau of Investigation (FBI), Internal Revenue Service-Criminal Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Other federal agencies participating in the OCDETF program include the Drug Enforcement Administration and the 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.

POCATELLO - Ronald Lee Chaney, 32, and Tyler Zane Clem, 21, both recently of North Little Rock, Arkansas, were indicted on August 27, 2013, by a federal grand jury in Pocatello for failing to register as a sex offender, U.S. Attorney Wendy J. Olson announced. Clem appeared today before U.S. Magistrate Judge Ronald E. Bush and entered a plea of not guilty. Chaney’s initial appearance has not been set.

The indictments allege that between June 29 and August 9, 2013, both men were required to register under the Sex Offender Registration and Notification Act (SORNA), but failed to do so. Clem, convicted of Felony Sexual Assault in the Second Degree on June 13, 2012, in Arkansas, was initially charged with failing to register by complaint. The supporting affidavit by a Deputy United States Marshal stated that Clem had left a half-way house in North Little Rock, Arkansas, with Chaney, near the end of June, and that Chaney was arrested on August 7 at a residence in Pocatello. Clem was arrested on August 9. According to the affidavit, a witness stated that Clem and Chaney rode the Salt Lake Express to Pocatello, arriving together on July 3, 2013. Public records indicate that Chaney was convicted in Idaho in 2002 of Sexual Abuse of a Child under Sixteen Years.

Chaney’s indictment also alleges that he committed assault on an officer on the date of his arrest, August 7, 2013.

The charge of failure to register as a sex offender is punishable by up to ten years in prison, a maximum fine of $250,000, and up to life supervised release. The charge of assault on an officer is punishable by up to eight years in prison, a maximum fine of $250,000, and up to three years of supervised release.

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.

The Sex Offender Registration and Notification Act (SORNA), which was passed by Congress in 2006, requires sex offenders to register and keep their registration current in each jurisdiction where they reside, are employed or are students. Violations of SORNA can be prosecuted in federal court.

“The U.S Marshals Service take these cases very serious. Indicting these individuals proves that it doesn’t matter where they run and hide, we will find them, and they will be prosecuted,” stated Brian T. Underwood, U.S. Marshal for the District of Idaho.

The case was investigated by the United States Marshals Service and the Idaho Sex offender Watch 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 – Timothy Alan Butterbaugh, 45, of Nampa, Idaho, was arrested yesterday on a federal complaint charging him with distributing methamphetamine, U.S. Attorney Wendy J. Olson announced.

The complaint, filed in United States District Court on Wednesday, charges Butterbaugh with distributing methamphetamine on July 24, 2013. Butterbaugh was arrested last night at his residence in Nampa. Federal agents and local officers executed a search warrant at his residence along with two other locations in Nampa. The warrants were served by the FBI, Treasure Valley Metro Violent Crime Task Force, Canyon County Sheriff's Office, Nampa City Police Department, and Meridian City Police Department.

If convicted, Butterbaugh faces a maximum penalty of twenty years in prison, a maximum fine of $1,000,000, and at least three years of supervised release.

An initial appearance is set for August 30, 2013, at the federal courthouse in Boise. A preliminary hearing will be scheduled at that time.

The case is being investigated by the Treasure Valley Metro Violent Crimes Task Force, which 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 the Idaho Department of Correction.

The 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.

A complaint is only an allegation of criminal conduct and is not evidence of guilt. A person is presumed innocent until and unless proven guilty beyond a reasonable doubt.

Admits Conspiring to File False Claims for IRS Tax Refunds Agreed to Pay Restitution of $1,466,799

POCATELLO – Lawrence Sikutwa, 34, of Dallas, Texas, pleaded guilty today in United States District Court to conspiracy to file false claims for a refund, U.S. Attorney Wendy J. Olson announced. Sikutwa entered his plea before U.S. Magistrate Judge Ronald E. Bush at the federal courthouse in Pocatello.

According to the plea agreement, Sikutwa operated a tax preparation business in Dallas. He entered into an agreement with various co-conspirators in Pocatello and elsewhere to solicit clients for him. The co-conspirators contacted persons who needed tax preparation services, obtained their tax documents from them, and then shipped the information to Sikutwa to prepare the tax returns. Sikutwa added false dependents and false income, falsely claimed head-of-household status, and made other entries to increase the amount of the refund. According to the plea agreement, Sikutwa distributed a small portion of the actual refund to the taxpayer, representing it was the entire refund, and failed to provide copies of the returns to the taxpayers. Sikutwa admitted that he was aware the tax returns were false.

According to the plea agreement, during 2006, Sikutwa filed 168 tax returns for tax year 2005, resulting in refunds of $654,368. In 2007, he filed 124 tax returns for tax year 2006, resulting in refunds of $588,982. Under the name of Harris Tax Services, Sikutwa prepared and filed 99 returns for tax year 2007, resulting in refunds of $456,888. According to the plea agreement, Sikutwa will pay $1,466,799 in restitution to the Internal Revenue Service.

The charge of conspiracy to file false claims for refund is punishable by up to ten years in prison, a maximum fine of $250,000, and up to three years of supervised release.

Sikutwa is set for sentencing on November 18, 2013, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.

The case was investigated by Internal Revenue Service-Criminal Investigation.

BOISE – Christopher Palacios, a/k/a “Paco,” 41, of Filer, Idaho, was sentenced today to 218 months in prison followed by five years of supervised release for conspiracy to possess with intent to distribute 50 grams or more of actual methamphetamine, U.S. Attorney Wendy J. Olson announced. Palacios appeared today before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise. He pleaded guilty to the charge on February 26, 2013.

According to court documents, Palacios admitted that between March 29 and May 21, 2012, he conspired with his co-defendants, Terry O’Brien and Krystal Reese, to distribute methamphetamine in the Twin Falls area.

Co-conspirator Terry Lee O’Brien, 54, of Boise, Idaho, was sentenced on July 2, 2013, to 66 months in prison for conspiracy to possess with intent to distribute 50 grams or more of actual methamphetamine.

Co-conspirator Krystal Amber Reese, 32, of Filer, pleaded guilty on July 2, 2013, to possession with intent to distribute methamphetamine. Sentencing is set for September 23, 2013.

The case was investigated by the Idaho State Police.

BOISE – Jaime Guerrero, 27, of Glenns Ferry, Idaho, was sentenced today in United States District Court to 53 months in prison for possession with intent to distribute methamphetamine, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Guerrero to serve five years of supervised release, 80 hours of community service and pay a $100 special assessment. He pleaded guilty to the charge on November 27, 2012.

Co-defendant Raul Garcia-Rosales, of Mountain Home, Idaho, was sentenced on June 4, 2013, to 21 months in prison for possession with intent to distribute methamphetamine.

According to plea agreements filed in the case, on September 14, 2011, Garcia-Rosales received approximately one pound of methamphetamine from Guerrero in Elmore County, Idaho, and then distributed it to an undercover officer at a truck stop in Mountain Home. Guerrero admitted that he supplied the methamphetamine to Garcia-Rosales. Both men acknowledged the substance they were distributing was methamphetamine.

The case was the result of a joint investigation of the Organized Crime and Drug Enforcement Task Force (OCDETF), led by the Idaho State Police and the Drug Enforcement Administration, in conjunction with the Elmore County Sheriff’s Office. 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. Federal task force members include the Bureau of Alcohol, Tobacco, Firearms and Explosives, the DEA, the Federal Bureau of Investigation (FBI), Internal Revenue Service-Criminal Investigation, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and U.S. Marshals Service.

BOISE – William W. Hanson, 35, of Boise, Idaho, was sentenced today in United States District Court to 15 months in prison followed by three years of supervised release for passing counterfeit obligations and securities, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Hanson to pay $1,550 in restitution to the victims and pay a $100 special assessment. He pleaded guilty to the charge on June 10, 2013.

According to the plea agreement, on March 26, 2013, Hanson passed a counterfeit $50 Federal Reserve Note at a restaurant in Cambridge, Idaho. Hanson admitted to knowing the note was in fact a $5 note that had been bleached and printed to look like a $50 note. Later that day, the Washington County Sheriff’s Office arrested Hanson in possession of four additional $5 notes that were bleached and reprinted to look like $50 notes. A subsequent investigation found that prior to his arrest, beginning on approximately March 10, Hanson passed 30 similar counterfeit $50 notes in Burley, Twin Falls, Boise, Garden City, Nampa, Eden, Horseshoe Bend, Donnelly, McCall, New Meadows, Council, and Cambridge, Idaho. Hanson agreed to pay restitution to the victims.

The case was investigated by the United States Secret Service and the Washington County Sheriff’s Office.

Thirteen Sentenced to Date in Crestwood Homes Mortgage Fraud

BOISE – Aaron Michael Hymas and Tiffany Kim Hymas, both 38, of North Salt Lake, Utah, were sentenced in United States District Court in Boise today for wire fraud, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge sentenced Aaron Hymas to 24 months in prison followed by three years of supervised release and ordered him to pay $1,520,296.77 in restitution. Tiffany Hymas was sentenced to 60 days in prison followed by three years of supervised release, beginning with six months of home detention. She was also ordered to pay $667,505.42 in restitution. The two former Treasure Valley residents each pleaded guilty to one count of wire fraud on October 18, 2012.

According to the plea agreements, the defendants admitted that they schemed to defraud a lender by having Tiffany submit a residential loan application for $295,600, on March 28, 2007, in which she made material misrepresentations. On the application, Tiffany Hymas stated that she was employed by OPM Enterprises with 2.6 years on the job; that she had income and commissions of $72,500 per month; and that she had gross rental income of $14,600 per month from four properties in Meridian, Nampa and Boise. Based on these misrepresentations, Taylor, Bean and Whitaker Mortgage Corporation funded the loan. The defendants admitted they knew Tiffany Hymas’ statements were false and material to the loan application, and that they knew the statements were false at the time she made them.

The cases are part of a long-term investigation of mortgage fraud activity related to Crestwood Homes, which involved multiple defendants, many of them family members, who bought and sold real estate in order to “flip it,” or gain profits from the sales. The financial institutions and mortgage lenders incurred substantial losses on the loan transactions.

In addition to Aaron and Tiffany Hymas, eleven individuals have been sentenced since November 2010 on charges of wire fraud, bank fraud and making false statements, including Michael J. Hymas, Shane M. Hymas, Laurie K. Hymas, Shauntee K. Ferguson, Christopher R. Georgeson, Stanley J. Ferguson, Brent Bethers, Melody C. Redondo, Paul Redondo, Travis R. Hymas and Season Heather Hymas.

“False statements to banks and lenders in order to obtain home loans have undermined the integrity of our nation’s housing financing system,” said Olson. “These sentences send the strong message that those who fabricate financial information to deceive lenders will be investigated, prosecuted and punished.”

“Integrity and honesty in the financial world are critical to society,” said U.S. District Judge Edward J. Lodge.

The cases were investigated by the Federal Bureau of Investigation and Internal Revenue Service-Criminal Investigation, with assistance provided by the Office of the United States Trustee and the Idaho Department of Insurance. The case is being prosecuted by the U.S. Attorney's Office for the District of Idaho and the State of Idaho, Office of the Attorney General.

Today's announcement is part of efforts underway by President Obama's Financial Fraud Enforcement Task Force (FFETF), which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys' offices and state and local partners, it's the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants.

BOISE – Joshua Nall, 32, of Boise, was sentenced today in United States District Court to 30 months in prison followed by three years of supervised release for unlawfully possessing a firearm, U.S. Attorney Wendy J. Olson announced. He pleaded guilty to the charge on May 21, 2013.

According to the plea agreement, Nall admitted that on April 13, 2012, he possessed a Glock .40 pistol, which he provided to a confidential informant. Nall was prohibited from possessing the pistol because he was previously convicted in 2008 of unlawfully possessing a firearm, a felony punishable by a term of imprisonment exceeding one year.

Nall’s case was part of a larger investigation by the Treasure Valley Metro Violent Crimes Task Force, involving the Aryan Knights gang, in which 23 people were charged with drug trafficking and firearms violations; all have pleaded guilty, 22 have been sentenced and one is awaiting sentencing. Through the investigation, law enforcement agents identified Aryan Knights gang members who were trafficking methamphetamine, as well as associates of the gang who were the source of that methamphetamine.

The Treasure Valley Metro Violent Crimes 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 the Idaho Department of Correction. The Organized Crime and Drug Enforcement Task Force (OCDETF) also contributed to the investigation, including 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.

Nall 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.

BOISE – Keanta M. Lathrop, 35, of Nampa, Idaho, pleaded guilty today in United States District Court to one count of unlawfully possessing a firearm, U.S. Attorney Wendy J. Olson announced.

According to the plea agreement, court records show that Lathrop pleaded guilty to trafficking cocaine in Ada County and was sentenced on May 23, 2007, to six years in prison. Lathrop was granted parole and released from prison in November 2009. As a condition of release, Lathrop agreed to searches of his person or property. In October 2012, a search was conducted of Lathrop’s Nampa residence by Nampa police and Lathrop’s parole officer. The officers discovered a Jimenez Arms .380 semiautomatic pistol inside a backpack at the residence. Lathrop was present during the search and subsequently admitted that his fingerprints were on the weapon and he knowingly possessed the firearm. Because Lathrop was previously convicted of the felony offense of trafficking cocaine, he is prohibited from possessing firearms.

The charge is punishable by up to ten years in prison, a maximum fine of $250,000, and up to three years of supervised release. The government is seeking forfeiture of the firearm.

Lathrop is scheduled to be sentenced on November 13, 2013, by Chief U.S. District B. Lynn Winmill at the federal courthouse in Boise.

The case was investigated by the Nampa Police Department, Idaho Department of Probation and Parole, and Bureau of Alcohol, Tobacco, Firearms and Explosives.

Lathrop 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 – Mark Anthony Brown, 53, an inmate at the Idaho Correctional Center in Orofino, pleaded guilty today in United States District Court to two counts of mail fraud, U.S. Attorney Wendy J. Olson announced. Brown was indicted by a federal grand jury in Boise on March 12, 2013.

According to court documents, from September 2007 to February 28, 2013, Brown devised a scheme to fraudulently obtain money from various class action lawsuits and large-scale bankruptcies. According to the plea agreement, Brown submitted numerous claim forms in which he falsely represented himself as a class member or creditor. He then mailed the claim forms to administrators of the settlements in order to receive settlement proceeds, and deposited the proceeds he received into his Idaho Department of Correction trust account, and into several different investment accounts, all through the use of the United States Mail. According to the plea agreement, Brown received approximately $60,000 as proceeds of his criminal activity, which he agreed to forfeit.

Each count of mail fraud is punishable by up to 20 years in federal prison, a maximum fine of $250,000, and up to three years of supervised release.

Sentencing is set for November 13, 2013, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise.

The case is being investigated by the United States Postal Inspection Service with the cooperation of the Idaho Department of Correction.

Defendant Admits Stealing $449,643 from Click Sales, Inc.

BOISE – Christopher L. Myers, 37, of Cave Creek, Arizona, pleaded guilty in United States District Court in Boise to one count of wire fraud, U.S. Attorney Wendy J. Olson announced. Myers was indicted by a federal grand jury in Boise on May 17, 2013, on 26 counts of wire fraud.

According to the plea agreement, from April 2006 through November 2011, Myers was employed by Click Sales, Inc., doing business as ClickBank. For a portion of that time he served as the company’s comptroller. Click Sales, Inc., a subsidiary of Keynetics, Inc., operated a Boise-based internet business that facilitated payments between retailers and consumers. ClickBank received payments from consumers for the purchase price of goods and services, kept a portion of the purchase price as commission, and remitted the remainder to the retailers by checks, ACH transfers and wire transfers. Some of ClickBank’s retailer-clients failed to timely cash the checks. As comptroller, Myers was responsible for tracking these “issued but uncashed” checks.

According to the plea agreement, beginning in August 2008, on 26 separate occasions Myers wire transferred funds from ClickBank’s bank account to his personal bank accounts at a different bank. The funds that were wire transferred corresponded to the “issued but uncashed” checks to ClickBank retailer-clients. In total, Myers admitted he wire transferred approximately $449,643 from ClickBank’s bank account to his own bank accounts. According to the plea agreement, Myers did so with the specific intent to defraud and used the funds for personal purchases and expenditures, including mortgage payments and personal investment and retirement accounts.

Myers agreed to pay $606,989 in restitution to ClickBank, which includes $449,643 that Myers admitted he fraudulently wire transferred, and $157,346 for costs incurred by ClickBank in its internal investigation, interest and penalties.

The charge of wire fraud is punishable by up to 20 years in prison, a maximum fine of $250,000 or twice the gain or loss from the offense, and up to three years of supervised release.

Myers is scheduled to be sentenced on January 6, 2014, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise.

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

Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.

COEUR D'ALENE – Paris Channing Leighton, 41, of Lapwai, Idaho, was sentenced today in United States District Court in Coeur d’Alene to 12 months plus one day in prison for assault resulting in serious bodily injury, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Leighton to serve three years of supervised release, perform 60 hours of community service, and pay $164 in restitution to the victim. Leighton pleaded guilty to the charge on April 3, 2013.

According to court statements, Leighton admitted that on May 18, 2012, he punched or kicked his girlfriend at their residence in Lapwai. The victim was taken to the hospital where a CT scan revealed that Leighton had caused the victim to suffer facial fractures.

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

COEUR D’ALENE – James Reuben Norton Blackeagle, 30, of Kamiah, Idaho, pleaded guilty today in United States District Court to unlawfully possessing ammunition, U.S. Attorney Wendy J. Olson announced. Blackeagle was indicted by a federal jury on May 21, 2013.

According to the plea agreement, Blackeagle admitted that on February 28, 2013, he possessed ammunition within his residence and vehicle. Blackeagle was prohibited from possessing firearms and ammunition due to a previous conviction in 2007 for possession of a destructive device. Blackeagle will forfeit the ammunition he unlawfully possessed.

The charge of unlawfully possessing ammunition is punishable by up to ten years in prison, a maximum fine of $250,000, and up to three years of supervised release.

Sentencing is set for November 12, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Coeur d’Alene.

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

The case was prosecuted as part of Idaho’s Project Safe Neighborhoods Program, which seeks to reduce gun violence in Idaho.

COEUR D’ALENE – Kalum McPhedran, 29, of Coeur d’Alene, Idaho, pleaded guilty yesterday in United States District Court to unlawfully possessing a firearm, U.S. Attorney Wendy J. Olson announced. McPhedran was indicted by a federal grand jury in Coeur d’Alene on February 20, 2013.

According to the plea agreement, McPhedran admitted that on January 15, 2013, he unlawfully possessed a Remington 12 gauge shotgun, knowing that he was prohibited from possessing firearms due to a previous conviction in 2010 for possession of a controlled substance. McPhedran will forfeit the firearm he unlawfully possessed.

The charge is punishable by up to ten years in prison, a maximum fine of $250,000, and up to three years of supervised release.

Sentencing is set for November 13, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Coeur d’Alene.

The case was investigated by the North Idaho Violent Crimes Task Force (NIVCTF). NIVCTF members include the Federal Bureau of Investigation, the Idaho State Police, Kootenai County Sheriff's Office, Shoshone County Sheriff's Office, Bonner County Sheriff's Office, Coeur d'Alene Police Department, Post Falls Police Department, and Coeur d'Alene Tribal Police. The NIVCTF investigates a myriad of violent crimes, including armed robbery, kidnapping, felonious assault and drug trafficking.

The case was prosecuted as part of Idaho’s Project Safe Neighborhoods Program, which seeks to reduce gun violence in Idaho.

COEUR D’ALENE – U.S. Attorney Wendy J. Olson announced that Kenneth D. Broncheau, 48, of Winchester, Idaho, was sentenced today in United States District Court to 30 years in prison for second degree murder and using a firearm in a crime of violence. U.S. District Judge Edward J. Lodge also sentenced Broncheau to five years of supervised release following his prison term and fined him $2,000. He pleaded guilty to the charges on May 29, 2013.

According to the plea agreement, Broncheau admitted that on the evening of June 21, 2012, he intentionally shot and killed his mother, Carol Haskell, at their residence located on the Nez Perce Indian Reservation. Broncheau fired two shots from a Savage Arms .243 rifle; the first bullet missed Haskell, the second struck her in the torso causing a mortal injury. Broncheau then retrieved a container of gasoline from a shed located on the property and returned to the residence. According to the plea agreement, Broncheau poured gasoline on the victim’s body and set it afire. A neighbor responding to the screams and gunshots removed the rifle from Broncheau’s hands. Broncheau was taken into custody by law enforcement shortly thereafter and has remained in custody since that time.

“Mr. Broncheau well deserves the significant sentence imposed by the court,” said Olson. “His intentional, senseless acts took his mother's life. This office, along with federal and tribal law enforcement, are committed to ensuring public safety in Indian Country.”

The case was investigated by the Federal Bureau of Investigation, Nez Perce Tribal Police, Idaho State Police, and the Lewis County Sheriff’s Office.

COEUR D’ALENE – Steven R. Milot, 66, of Kellogg, Idaho, pleaded guilty today to wire fraud, U.S. Attorney Wendy J. Olson announced. Milot was charged in a one count information filed in United States District Court on July 24, 2012.

According to the plea agreement, Milot was employed as a pharmacist at Osburn Drug in Kellogg for many years. In 2012, the owner became suspicious that Milot was misappropriating controlled substances. After conducting an abbreviated audit, the owner found that the pharmacy was short several controlled substances; video surveillance recorded Milot misappropriating the drugs. Milot admitted to stealing large quantities of Oxycontin for his personal use. In order to cover up the theft and avoid detection, Milot ordered controlled substances via wire transmissions.

The charge of wire fraud is punishable by up to 20 years in prison, a maximum fine of $250,000, and up to three years of supervised release.

Sentencing is set is November 12, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Coeur d’Alene.

The case was investigated by the Tactical Diversion Group of the Drug Enforcement Administration and the Idaho State Police.

COEUR D’ALENE – Andrew Tony Blackeagle, 32, of Kamiah, Idaho, pleaded guilty today in United States District Court to assault with a dangerous weapon, U.S. Attorney Wendy J. Olson announced. Blackeagle was indicted by a federal grand jury on February 20, 2013.

According to the plea agreement, Blackeagle admitted that on October 12, 2012, within the boundaries of the Nez Perce Indian Reservation, he intentionally assaulted a woman with a knife. During the incident, which was witnessed by others, Blackeagle hit and kicked the victim, and threatened to cut her. The victim sustained multiple injuries, including a laceration to her scalp.

The charge is punishable by up to ten years in prison, a maximum fine of $250,000, and up to three years of supervised release.

Sentencing is set is set for November 5, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Coeur d’Alene.

The case was investigated by the Federal Bureau of Investigation and Nez Perce Tribal Police, with the assistance of the Lewis County Sheriff’s Office.

COEUR D’ALENE – Billy E. Moffitt, 26, of Lewiston and Plummer, Idaho, pleaded guilty today in United States District Court to conspiracy to commit theft from a tribal organization, U.S. Attorney Wendy J. Olson announced. A federal grand jury in Coeur d’Alene returned a two count indictment on May 21, 2013, charging Moffitt and Angeline Morago George, 36, of Plummer and Portland, Oregon, with conspiracy to commit theft and theft from a tribal organization.

According to the plea agreement, Angeline George was employed by the Coeur d’Alene Tribal Housing Authority and was issued a credit card related to her duties. Between February 2 and February 23, 2013, Moffitt and George drove from the Coeur d’Alene reservation to Spokane, Washington, where George purchased $4,175.26 in money orders from local Money Tree stores. George or Moffitt would then cash the money orders and use the cash for their personal use and benefit. As part of his agreement with prosecutors, Moffitt agreed to pay restitution to the Coeur d’Alene Tribal Housing Authority.

The charge of conspiracy to commit theft from a tribal organization is punishable by up to five years in prison, a maximum fine of $250,000, and up to three years of supervised release.

Moffitt is set for sentencing on November 5, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Coeur d’Alene.

Co-defendant Angeline George is scheduled to plead guilty on August 30.

The case was investigated by Coeur d’Alene Tribal Police and the Federal Bureau of Investigation.