District of Montana

GREAT FALLS — A Fort Belknap man who admitted to firing a pistol at two women in a housing area on the Fort Belknap Indian Reservation was sentenced today to four years and two months in prison, to be followed by three years of supervised release, U.S. Attorney Jesse Laslovich said.

Gilbert Raymond Martinez, 33, of Fort Belknap and Parshall, North Dakota, pleaded guilty in May to assault with a dangerous weapon.

Chief U.S. District Judge Brian M. Morris presided.

In court documents, the government alleged that on May 17, 2021, Martinez fired a 9mm pistol at two women in the Newtown Housing area of the Fort Belknap Indian Reservation. The second woman told the responding officer that if she had not moved out of the way, the bullet would have hit her. After Martinez threw one woman to the ground, kicked her in the ribs and discharged a firearm at her, he discharged the firearm at a second woman, who was attempting to help the first assault victim.

The U.S. Attorney’s Office prosecuted the case. The FBI, Fort Belknap Police Department and Blaine County Sheriff’s Office conducted the investigation.

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The U.S. Attorney’s Office announced that the following persons were arraigned or appeared recently before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty beyond a reasonable doubt:

Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Sept. 11 was:

Airian Mariah Russette, 30, of Havre and Box Elder, on charges of false statement during a firearms transaction and use of a firearm in commission of a drug trafficking crime. If convicted of the most serious crime, Russette faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release on the false statement charge and a mandatory minimum of five years to life, consecutive to any other sentence, a $250,000 fine and five years of supervised release on the charge of use of firearm in a drug trafficking crime. Russette was released pending further proceedings. The FBI, Bureau of Alcohol, Tobacco, Firearms and Explosives, Montana Division of Criminal Investigation, Chippewa Cree Law Enforcement, Havre Police Department, and Hill County Sheriff’s Office conducted the investigation. PACER case reference. 24-46.

Appearing on Sept. 10 was:

Tommy Michael VanHoose, 66, of Great Falls, on charges of submitting a false tax return. If convicted of the most serious crime, VanHoose faces a maximum of three years in prison, a $250,000 fine and one year of supervised release. VanHoose was released pending further proceedings. The IRS Criminal Investigation conducted the investigation. PACER case reference. 24-60.

Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on Sept. 12 was:

Bradley James Turcotte, 35, of Ronan, on charges of conspiracy to possess with intent to distribute fentanyl and possession with intent to distribute controlled substances. If convicted of the most serious crime, Turcotte faces a maximum of 10 years in prison, a $10 million fine and five years of supervised release. Turcotte was detained pending further proceedings. The Blackfeet Law Enforcement Services, Drug Enforcement Administration and Homeland Security Investigations investigated the case. PACER case reference. 24-11.

Appearing on Sept. 11 was:

Damien Michael Duffey, 31, of Butte, on charges of felon in possession of a firearm. If convicted of the most serious crime, Duffey faces a maximum of 15 years in prison, a $250,000 fine and three years of supervised release. Duffey was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives, Butte-Silver Bow Police Department and Montana Probation and Parole investigated the case. PACER case reference. 24-26.

Cheryl Ester Eslami, 44, of Kalispell, on charges of conspiracy to posses with intent to distribute controlled substances and possession with intent to distribute controlled substances. If convicted of the most serious crime, Eslami faces a mandatory minimum of 10 years to life in prison, a $10 million fine and at least five years of supervised release. Eslami was detained pending further proceedings. PACER case reference. 24-47.

Appearing for an initial appearance on a criminal complaint on Sept. 11 was:

Joey Lee Forward, 34, of Missoula, on charges of conspiracy to possess with intent to distribute controlled substances and possession with intent to distribute controlled substances. If convicted of the most serious crime, Forward faces a mandatory minimum of 10 years to life in prison, a $10 million fine and at least five years of supervised release. Forward was detained pending further proceedings. The FBI’s Montana Regional Violent Crime Task Force investigated the case. PACER case reference. 24-55.

Appearing on Sept. 5 was:

Taylor Gale Penny, 35, of Missoula, on charges of conspiracy to possess with intent to distribute fentanyl and possession with intent to distribute fentanyl. If convicted of the most serious crime, Penny faces a mandatory minimum of 10 years to life in prison, a $10 million fine and five years of supervised release.  Penny was detained pending further proceedings. The FBI’s Montana Regional Violent Crime Task Force investigated the case. PACER case reference. 24-51.

Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Sept. 3 was:

Dalton David Murray, 26, of Billings, on charges of conspiracy to possess with intent to distribute meth, possession with intent to distribute meth and possession of an unregistered firearm. If convicted of the most serious crime, Murray faces a mandatory minimum of 10 years to life in prison, a $10 million fine and five years of supervised release. Murray was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives, Montana Division of Criminal Investigation and Montana Highway Patrol investigated the case. PACER case reference. 24-123.

The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

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BILLINGS — A Billings man who admitted to trafficking methamphetamine, fentanyl and heroin after the drugs were found in his car was sentenced today to five years in prison, to be followed by five years of supervised release, U.S. Attorney Jesse Laslovich said.

The defendant, Sheldon Patrick Tracy, 55, pleaded guilty in February to possession with intent to distribute controlled substances.

U.S. District Judge Susan P. Watters presided.

In court documents, the government alleged that in 2022, Tracy came to the attention of law enforcement as a drug distributor in the Billings area. On Aug. 17, 2022, law enforcement stopped a truck that Tracy was driving. Tracy was on state probation and a probation officer authorized a search of Tracy and the vehicle. Tracy had almost $8,467 in his front pocket and a small bag of heroin. After getting a search warrant for the truck, officers located approximately two ounces of meth in a quart baggie and 48 fentanyl pills. Tracy admitted he possessed all the drugs in the vehicle and intended to sell them.

The U.S. Attorney’s Office prosecuted the case. The Eastern Montana High Intensity Drug Trafficking Area Task Force and Yellowstone County Sheriff’s Office conducted the investigation.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit Justice.gov/PSN.

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BILLINGS—A Crow Agency man who admitted to punching another man in the face and then kicking him with steel-toe boots in a residence in Wyola, on the Crow Indian Reservation, was sentenced today to three years and seven months in prison, to be followed by three years of supervised release, U.S. Attorney Jesse Laslovich said.

The defendant, Jordale Thomas Redwolf, 36, pleaded guilty in May to assault with a dangerous weapon.

U.S. District Judge Susan P. Watters presided.

In court documents, the government alleged that on Dec. 8, 2023, Redwolf and the victim, identified as John Doe, were drinking alcohol at a house in Wyola, on the Crow Indian Reservation. Doe reported that for no apparent reason, Redwolf repeatedly punched him in the face. When Doe fell to the floor, Redwolf kicked him in the face and torso with boots. Doe was treated at the Crow Indian Health Service Hospital for injuries. In an interview the next day, Redwolf admitted he beat up Doe because both were drunk, and Doe was “mouthing off” because Redwolf had just been released from prison. Redwolf kicked Doe with his prison-issued boots. Law enforcement seized steel-toe boots that had blood on them from Redwolf’s home.

The U.S. Attorney’s Office prosecuted the case. The FBI and Bureau of Indian Affairs conducted the investigation.

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BILLINGS — A Livingston man who admitted to traveling to Washington to get fentanyl pills for distribution in the Park County community and violating release conditions was sentenced today to a total of six years and nine months in prison, to be followed by three years of supervised release, U.S. Attorney Jesse Laslovich said.

The defendant, David Scott Retzer, 42, pleaded guilty in March to possession with intent to distribute fentanyl.

U.S. District Judge Susan P. Watters presided.

The court also sentenced Retzer to 10 months in prison in a revocation hearing after finding Retzer violated conditions of release in a previous drug case. The sentence in the revocation is to run consecutive to a 71-month sentence in the fentanyl case, for total of 81 months in prison.

The government alleged in court documents that in June 2022, law enforcement began receiving information that Retzer was involved in distributing fentanyl pills and later that year began tracking Retzer as he traveled to Washington from Montana. In December 2022, law enforcement pulled over Retzer’s vehicle as it entered Park County and searched it pursuant to a warrant. Retzer had a fake battery in his possession that contained 70 fentanyl pills. Additional bags of fentanyl pills were also located in the vehicle. An individual who traveled with Retzer told law enforcement that they had gone to Washington to get fentanyl and had bought 950 pills but had been shorted by the source. In a search of Retzer’s cell phone, law enforcement located numerous conversations in which Retzer discussed distributing fentanyl. At the time of the offense, Retzer was on supervision for a federal drug trafficking offense involving heroin.

The U.S. Attorney’s Office prosecuted the case. The Bureau of Alcohol, Tobacco, Firearms and Explosives, Park County Sheriff’s Office, Montana Highway Patrol and Drug Enforcement Administration conducted the investigation.

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GREAT FALLS — A federal district judge today found a Billings man, formerly of Hays, guilty of multiple crimes involving the sexual assault and molestation of children, attempted sex trafficking, child pornography and other crimes dating back approximately 30 years on the Fort Belknap Indian Reservation and in Billings, U.S. Attorney Jesse Laslovich said.

After a three-day bench trial that began on Sept. 9, Chief U.S. District Judge Brian M. Morris found the defendant, James Kirby King, 58, guilty on 17 counts in a 25-count superseding indictment that alleged various sexual assault child molestation crimes against six separate victims. The court found King not guilty on eight counts.

“The years-long horror of sexual abuse and trauma King inflicted on his victims, most of whom were children when he started his assaults, is unimaginable. King unconscionably sought out vulnerable children for exploitation to satisfy his own desires and caused a lifetime of pain for them. May these verdicts serve as a measure of justice for them. Protecting children from predators like King is our office’s highest priority, and I am deeply grateful to our prosecution team, the FBI, Fort Belknap Law Enforcement, and Great Falls Police Department for their extraordinary work on this awful case,” U.S. Attorney Laslovich said.

The government alleged in court documents and at trial that King was a prolific sex offender who preyed on the most vulnerable and marginalized Native Americans in Montana for decades by molesting, sexually assaulting, drugging, trafficking and exploiting any defenseless person without regard to their sex, age or biological relationship. During trial, the government presented evidence that led to convictions for offenses against victims identified as Jane Doe 1, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 10 and other multiple victims. Some of the victims were under the age of 12 at the time, some were under the age of 16 and some were adults. Most of the conduct occurred on the Fort Belknap Indian Reservation, where King lived, and in Billings, where King lived more recently. The charged conduct began as early as approximately 1992 and continued until his arrest in 2023. 

As alleged in court documents, for more than a decade, King repeatedly molested, drugged, assaulted and sexually exploited Jane Doe 1, whose first memory of the molestation was when she was five years old in 1996.  In approximately 1994 or 1995, when Jane Doe 2 was 14 years old, King gave her a small amount of alcohol at his residence and she “went blank.” Jane Doe 2 later awoke and became aware of King kneeling between her legs and taking pictures of her naked vaginal area. In addition, King attempted to sexually exploit Jane Doe 3 on numerous occasions and forced numerous sex acts on her both as a child and later as an adult on the Fort Belknap Reservation and in Billings. King drugged and raped Jane Doe 4 on the Fort Belknap Reservation when she was in her 20s and he was in his 40s. And King attempted to sex traffic by coercion Jane Doe 10 in October 2023.   

The court found King guilty of:

• Aggravated sexual abuse of a child, one count
• Incest, two counts
• Sexual exploitation of children, three counts
• Aggravated sexual abuse by rendering unconscious or drugging the victim, two counts
• Sexual abuse, two counts
• Attempted aggravated sexual abuse by rendering unconscious or drugging the victim, one count
• Attempted sexual abuse, one count
• Sexual abuse of a minor, one count
• Aggravated sexual abuse by force, one count
• Attempted possession with the intent to sell child pornography in Indian Country, one count
• Possession of child pornography in Indian Country, one count
• Attempted sex trafficking by force, fraud or coercion, one count

King faces a maximum of life in prison, a $250,000 fine and five years to a lifetime of supervised release, along with a mandatory minimum of 15 years to life in prison for the crimes of sexual exploitation of children and attempted sex trafficking by coercion.

The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing was set for Jan. 15, 2025. King remained detained pending further proceedings.

The U.S. Attorney’s Office is prosecuting the case. The FBI, Fort Belknap Law Enforcement and Great Falls Police Department conducted the investigation.

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MISSOULA — A Kalispell couple today admitted to stealing nearly $200,000 from the Social Security Administration by falsely reporting their living and financial situation so they could receive more benefits on behalf of their children than they were entitled, U.S. Attorney Jesse Laslovich said.

The defendants, Mistie Lynn Knapton, 49, and her husband, Travis Ray Knapton, 50, each pleaded guilty to theft of government money in separate hearings.  Mistie Knapton pleaded to a felony charge and faces a maximum of 10 years in prison, a $250,000 fine and three yeas of supervised release. Travis Knapton pleaded to a misdemeanor charge and faces a maximum of one year in prison, a $100,000 fine and one year of supervised release.

U.S. District Judge Donald W. Molloy presided. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing for both defendants was set for Jan. 9, 2025. The defendants were released pending further proceedings.

The government alleged in court documents that the Knaptons received benefits from the Social Security Administration (SSA) on behalf of five of their children through the Supplemental Security Income (SSI) program. The program is meant to provide monthly payments to people with disabilities who have little to no income or resources. The SSI program has income and asset limits, either of which could make a beneficiary ineligible for benefits.

The government further alleged that Mistie was the representative payee for her children enrolled in SSI. In May 2009, Mistie wrote to SSA that Travis no longer lived with her and her children. Mistie frequently reported to SSA that she and the children paid rent for their housing, that Travis was not a member of the household and that their only income was child support Travis paid to Mistie. However, from 2009 to present, Travis owned the houses that Mistie and the children lived in, he frequently lived with them, and he paid for vehicles, food and other living expenses for the family from his income. In addition to the houses, Travis owned several cars, trucks, ATVs, a motorcycle and a jet ski.

In September 2020, SSA conducted a redetermination of benefits for one of the children. The agency determined that Mistie failed to list Travis as a member of the household and told SSA that she paid rent of $1,400 a month. Mistie also confirmed that “no one in the household was a parent or child of either the landlord or his/her spouse.” In truth, Mistie and Travis jointly owned the house, and Travis was part of the household at that time. SSA analyzed the Knapton’s assets and determined that from April 2011 through February 2024, the Knapton children would not have qualified for SSI benefits had SSA known the truth abut the Knapton’s living and financial situation. SSA calculated that the Knapton children received $196,575 in SSI benefits they were not actually eligible to receive. The SSI income was paid into separate bank accounts for each child. Mistie frequently shared and transferred this money, stolen from the United States, into Travis’ bank account. Travis then used the stolen money to purchase homes and vehicles, pay for general living expenses and other items for himself and his family.

The U.S. Attorney’s Office is prosecuting the case. The SSA Office of Inspector General and Montana Division of Criminal Investigation conducted the investigation.

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GREAT FALLS — A Washington man who admitted to trafficking methamphetamine and fentanyl pills in the Havre area and to illegally possessing a gun was sentenced on Tuesday to six years and six months in prison, to be followed by five years of supervised release, U.S. Attorney Jesse Laslovich said today.

The defendant, Travis Lee Brown, 42, of Yakima, Washington, pleaded guilty in April to conspiracy to possess with intent to distribute controlled substances and to prohibited person in possession of a firearm.

Chief U.S. District Judge Brian M. Morris presided.

In court documents, the government alleged that in 2022, Brown worked as a meth and fentanyl distributor who was selling drugs from a hotel in Havre and sending proceeds back to Mexico. In October 2022, law enforcement saw Brown load a bag into the trunk of a car in which he was a passenger. After a traffic stop, law enforcement executed a search warrant on the vehicle and found a bag that contained 1,275 fentanyl pills, a small amount of meth and a 9mm pistol that Brown was seen holding in photographs. At the time of sentencing, Brown had been convicted of illegally possessing a firearm or being a felon in possession of a firearm five times since 2006.

The U.S. Attorney’s Office prosecuted the case. The Tri-Agency Task Force, Drug Enforcement Administration and Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit Justice.gov/PSN.

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GREAT FALLS —A Browning man accused of having sexual contact with a girl on the Blackfeet Indian Reservation and to sending nude images of himself to minor girls using social media admitted to charges yesterday, U.S. Attorney Jesse Laslovich said today.

The defendant, Treston Lane Kickingwoman, 28, pleaded guilty to abusive sexual contact and to two counts of transfer of obscene material to a minor. Kickingwoman faces a maximum of life in prison, a $250,000 fine and five years of supervised release on the abusive sexual contact charge and a maximum of 10 years in prison, a $250,000 fine and three years of supervised release on the transfer of obscene materials charge.

Chief U.S. District Judge Brian M. Morris presided. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing was set for Jan. 15, 2025. Kickingwoman was detained pending further proceedings.

In a plea agreement filed in the case, the parties agreed that a sentence of between 10 years and 15 years in prison is appropriate.

In court documents, the government alleged that in 2022, a victim, identified as Jane Doe 1, disclosed to law enforcement that when she was about six years old, Kickingwoman sexually abused her one time while she was staying at a house in Browning. Kickingwoman lay down on the bed by Doe 1 and began touching her legs and back. Doe 1 cried and told Kickingwoman that she was going to tell. Kickingwoman responded to the effect that if she did, he would hurt her. Doe 1 further described Kickingwoman touching her inside her underwear and vagina. He stopped when another person started moving in the room.

The government also alleged that in March 2023, an FBI undercover employee with a fictitious persona as a juvenile girl began communicating with Kickingwoman on Facebook. Kickingwoman sent the undercover explicit pictures of his penis and solicited sexually explicit pictures from the undercover. During a search of Kickingwoman’s Facebook account, law enforcement discovered Kickingwoman had sent picture of his nude genitalia to dozens of separate Facebook accounts. Two of the Facebook accounts were for juvenile girls, Jane Doe 2 and Jane Doe 3, who were living on the Blackfeet Reservation. Both Doe 2 and 3 confirmed that they had messaged with Kickingwoman on Facebook Messenger in the summer of 2023 when they were 12 years old and that they told Kickingwoman they were 13. Kickingwoman sent both girls pictures of his nude genitalia and solicited sexually explicit pictures from them. Doe 2 provided the requested photographs to Kickingwoman through his Facebook account.

The U.S. Attorney’s Office is prosecuting the case. The FBI and Blackfeet Law Enforcement Services conducted the investigation.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.

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MISSOULA — A Thompson Falls man with two prior federal felony convictions today admitted to illegally possessing a firearm and to possessing a shortened rifle after law enforcement found numerous guns at his residence, U.S. Attorney Jesse Laslovich said.

The defendant, James Vernon Day, Jr., 55, pleaded guilty to prohibited person in possession of a firearm and to possession of an unregistered firearm. Day faces a maximum of 15 years in prison, a $250,000 fine and three years of supervised release.

U.S. District Judge Donald W. Molloy presided. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing was set for Jan. 3, 2025. Day was released pending further proceedings.

The government alleged in court documents that Day previously had been convicted in Montana of prohibited person in possession of a firearm and of illegal sale of outfitted mountain lion hunts and was prohibited from possessing firearms. The government further alleged that in December 2023, Sanders County Sheriff’s Office deputies arrived at Day’s property to serve a search warrant for solen vehicle parts. Day was present on the property and confronted deputies, but retreated into his residence as the search began. Day told deputies they could not enter his residence. During the search, Day was generally uncooperative with law enforcement’s request to exit his residence and speak with them.

During the search, deputies located a .44-caliber rifle in a shop building, a building to which they determined Day had primary access. The shop also contained three gun safes that contained gun parts, including a barrel from an assault rifle and a barrel from a shotgun. Deputies also found a freshly killed deer head. Day eventually exited his residence and was arrested. In a search of Day’s residence, deputies located an additional 36 firearms, which were strewn around the house. One of those firearms, found on the kitchen floor, was a .222-caliber rifle that was determined to have a barrel of less than 16 inches. Possession of a firearm with a shortened barrel is against federal law. In Day’s vehicle, deputies found a .44-caliber revolver.  

The U.S. Attorney’s Office is prosecuting the case. The Bureau of Alcohol, Tobacco, Firearms and Explosives and Sanders County Sheriff’s Office conducted the investigation.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit Justice.gov/PSN.

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MISSOULA — A California man convicted by a federal jury of trafficking pounds of methamphetamine and thousands of fentanyl pills in the Butte and Helena communities as part of a large conspiracy was sentenced today to 30 years in prison, to be followed by five years of supervised release, U.S. Attorney Jesse Laslovich said.

After a four-day trial in April, a jury found the defendant, Juan Felipe Vidrio Fuentes, 36, of Anaheim, California, guilty of conspiracy to possess and possession with intent to distribute controlled substances and possession with intent to distribute controlled substances.

U.S. District Judge Dana L. Christensen presided.

“Fuentes thought he could use his California connections to set up a drug trafficking ring to profit at the expense and misery of Montanans to whom he peddled meth and fentanyl pills. He was wrong. Fuentes, and all of those charged in this conspiracy, stand convicted of drug trafficking crimes, and can no longer poison our communities. These convictions would not have happened without the extraordinary collaboration and diligence of our local, state, and federal law enforcement partners, for which I am grateful,” U.S. Attorney Laslovich said.

In court documents, the government alleged that from June 2022 until about January 2023 in the Butte and Helena areas, Fuentes, along with seven other co-defendants, conspired to distribute methamphetamine and fentanyl. In June 2022, the Utah Highway Patrol stopped an individual traveling in a vehicle carrying 3.5 pounds of meth and 6,000 pills containing fentanyl and learned that the individual was transporting the drugs to Butte for distribution by “Esco,” who was Fuentes. Law enforcement further learned that Fuentes was staying at a house in Whitehall along with at least one co-defendant, James Andrew Stringari, of Whitehall, and that Fuentes was supplying both fentanyl and meth throughout the Butte area from the Whitehall residence. In addition, law enforcement inspected a source’s cell phone and corroborated information about meth and fentanyl trafficking that implicated Fuentes, Stringari, co-defendant Janet Dean White, of Butte, and another co-defendant. Stringari and White were convicted at trial with Fuentes and are pending sentencing.

Law enforcement conducted coordinated stops and raids of addresses in Helena and Butte. In the Butte residence, law enforcement located approximately six pounds of meth, 208 grams of fentanyl, $15,000 cash and seven firearms. In the Helena residence, law enforcement located approximately seven pounds of meth and 68 grams of fentanyl.

The government further alleged that Fuentes was one of the main organizers and suppliers of the criminal conspiracy, which trafficked pounds of meth and tens of thousands of fentanyl pills over approximately six months.

The U.S. Attorney’s Office prosecuted the case. The Montana Division of Criminal Investigation, Southwest Montana Drug Task Force, Montana Highway Patrol, Jefferson County Sheriff’s Office, Missouri River Drug Task Force, U.S. Postal Inspection Service, Homeland Security Investigations, Bureau of Alcohol, Tobacco, Firearms and Explosives, Drug Enforcement Administration, Utah Highway Patrol and Utah State Bureau of Investigations conducted the investigation.

The case was investigated under the Organized Crime Drug Enforcement Task Forces (OCDETF). OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. For more information about Organized Crime Drug Enforcement Task Forces, please visit Justice.gov/OCDETF.

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GREAT FALLS — A Browning man admitted today to trafficking fentanyl pills on the Blackfeet Indian Reservation after officers attempting to arrest him found blue pills scattered around the bedroom floor, U.S. Attorney Jesse Laslovich said.

The defendant, Rayne Forrest Rivers Charette, 41, appeared for arraignment on and pleaded guilty to a superseding information charging him with possession with intent to distribute fentanyl. Charette faces a maximum of 20 years in prison, a $1 million fine and at least three years of supervised release.

Chief U.S. District Judge Brian M. Morris presided. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing was set for Jan. 8, 2025. Charette was detained pending further proceedings.

In court documents, the government alleged that in March 2023, the Blackfeet Tribe issued an arrest warrant for Charette because he was wanted in Yellowstone County on a state drug charge. The Tribe adopted the state warrant and issued a tribal warrant. During the execution of the warrant at a residence where Charette was known to be living, officers observed Charette attempting to leap out of a bedroom window. During the arrest, officer observed blue pills, believed to be fentanyl, scattered around the floor of the bedroom. After getting a search warrant, officers collected more than 500 fentanyl pills, more than $1,000 cash and drug paraphernalia in the room where Charette was arrested. Law enforcement also interviewed several informants who stated they had obtained fentanyl from Charette.

The U.S. Attorney’s Office is prosecuting the case. The Blackfeet Law Enforcement Service and the FBI conducted the investigation.

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BILLINGS — A Billings man who admitted to trafficking methamphetamine in the community after law enforcement found meth and more than $4,000 in his residence was sentenced today to 10 years in prison, to be followed by four years of supervised release, U.S. Attorney Jesse Laslovich said.

The defendant, Loren Dean Raver, 59, pleaded guilty in May to possession with intent to distribute meth.

U.S. District Judge Susan P. Watters presided.

The government alleged in court documents that in February, the Billings Police Department Street Crimes Unit was attempting to locate Raver on an outstanding arrest warrant. Officers were aware that Raver was on state probation and began surveilling his residence. On Feb. 26, a detective made a traffic stop of a vehicle after seeing a woman and Raver leave the residence and drive away in the car. Officers arrested Raver on his outstanding warrant. Officers, along with state probation officers, searched Raver’s residence and located a large quantity of meth inside a box of Mountain Dew that was on a coffee table. Officers also found $4,396 in currency, plastic baggies and digital scales. The meth was determined to be approximately 283 grams, which is a little more than a half pound, of pure meth. At the time, Raver was on state probation for several previous felony convictions.

The U.S. Attorney’s Office prosecuted the case. The Billings Police Department and the Eastern Montana High Intensity Drug Trafficking Area Task Force conducted the investigation.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit Justice.gov/PSN.

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The U.S. Attorney’s Office announced that the following persons were arraigned or appeared recently before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty beyond a reasonable doubt:

Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Aug. 29 was:

Thomas Larson Medicine Horse, III, 19, of Pryor, on charges of aggravated sexual abuse, strangulation and assault resulting in substantial bodily injury to a dating partner. If convicted of the most serious crime, Medicine Horse faces life in prison, a $250,000 fine and five years to life of supervised release. Medicine Horse was detained pending further proceedings. The FBI, Bureau of Indian Affairs and Big Horn County Sheriff’s Office investigated the case. PACER case reference. 24-118.

Appearing on Aug. 20 was:

Ashley Firebear Garner, 41, of Billings, on charges of conspiracy to possess with intent to distribute fentanyl and possession with intent to distribute fentanyl. If convicted of the most serious crime, Garner faces a mandatory minimum of five years to 40 years in prison, a $5 million fine and at least four years of supervised release. Garner was detained pending further proceedings. Homeland Security Investigations, the Eastern Montana High Intensity Drug Trafficking Area Task Force, Billings Police Department and Bozeman Police Department investigated the case. PACER case reference. 24-68.

Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on Aug. 30 was:

Joseph Christopher Steele, 24, of Kalispell, on charges of possession of a stolen firearm. If convicted of the most serious crime, Steele faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Steele was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives, Whitefish Police Department and Kalispell Police Department investigated the case. PACER case reference. 24-43.

Appearing on Aug. 28 was:

Edward Arthur Nurse, 34, of Missoula, on charges of theft from credit union. If convicted of the most serious crime, Nurse faces a maximum of 30 years in prison, a $1 million fine and five years of supervised release. Nurse was released pending further proceedings. The FBI investigated the case. PACER case reference. 24-42.

Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Aug. 27 was:

Scott Austin McTaggart, 37, of Helena, on charges of false statement during a firearms transaction. If convicted of the most serious crime, McTaggart faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. McTaggart was released pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives, Montana Highway Patrol and Helena Police Department investigated the case. PACER case reference. 24-15.

The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

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GREAT FALLS — A Wolf Point woman who admitted to selling methamphetamine on the Fort Peck Indian Reservation was sentenced on Aug. 26 to three years and six months in prison, to be followed by three years of supervised release, U.S. Attorney Jesse Laslovich said today.

The defendant, Talayne Killeen Demarrias, 31, pleaded guilty in April to possession with intent to distribute meth.

Chief U.S. District Judge Brian M. Morris presided.

The government alleged in court documents that Demarrias worked as an intermediary for a meth distributor in Wolf Point. Between January and March of 2023, Demarrias was distributing meth, and on Feb. 7, 2023, a confidential source purchased approximately 76 grams of meth from Demarrias in a monitored purchase.

The U.S. Attorney’s Office prosecuted the case. The Drug Enforcement Administration, Bureau of Indian Affairs, Montana Highway Patrol, Montana Division of Criminal Investigation, Valley County Sheriff’s Office and Roosevelt County Sheriff’s Office conducted the investigation.

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GREAT FALLS — A Browning man who admitted strangling his dating partner on the Blackfeet Indian Reservation, despite a no-contact order, was sentenced today to three years and six months in prison, to be followed by three years of supervised release, U.S. Attorney Jesse Laslovich said.

The defendant, Alphonse Trevon Bird IV, 20, pleaded guilty in March to assault of a dating partner by strangulation and suffocation.

Chief U.S. District Judge Brian M. Morris presided.

In court documents, the government alleged that Bird and the victim, Jane Doe, were in a dating relationship. On Dec. 27, 2023, Bird, Doe and two others were in a vehicle when Bird and Doe got into an argument and pulled over to the side of the road. Doe got out of the vehicle and Bird tried to pull her back. Doe tried to run away, but Bird chased her down, got on top of her stomach and put her in a chokehold. Bird assaulted and strangled Doe. At the time of the assault, Bird had been ordered by a court to have no contact with Doe.

The U.S. Attorney’s Office prosecuted the case. The FBI and Blackfeet Law Enforcement Services investigated the case.

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GREAT FALLS — A Poplar man accused of carjacking a truck and stabbing the driver on the Fort Peck Indian Reservation admitted to a robbery crime on Aug. 26, U.S. Attorney Jesse Laslovich said today.

The defendant, Brandon Lee Romero, 29, pleaded guilty to robbery. Romero faces a maximum of 15 years in prison, a $250,000 fine and three years of supervised release.

A plea agreement filed in the case calls for other counts of carjacking, transportation of a stolen vehicle and assault with a dangerous weapon to be dismissed at sentencing if the court accepts the agreement.

Chief U.S. District Judge Brian M. Morris presided. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing was set for Jan. 5, 2025. Romero was detained pending further proceedings.

In court documents, the government alleged that on April 14, 2023, the victim, identified as John Doe, was contacted by his sister who asked him to pick up Romero and give him a ride because she didn’t want him at her residence. John Doe agreed and, using his father’s truck, picked up Romero and began driving him to Poplar, on the Fort Peck Indian Reservation. When Romero got out of the truck, John Doe noticed that Romero had pulled out two knives. John Doe attempted to drive away, but Romero jumped into the truck bed, kicked out the back window, climbed into the truck and stabbed John Doe. The victim exited the truck, and Romero got into the driver’s seat. Scared that Romero was going to run him over, John Doe hid behind a power pole. Romero was eventually arrested later that day by North Dakota law enforcement after Romero got into a high-speed chase in the truck he took from John Doe.

The U.S. Attorney’s Office is prosecuting the case. Fort Peck Law Enforcement Services, the Roosevelt County Sheriff’s Office and the Williston (N.D.) Police Department conducted the investigation.

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BILLINGS —A Billings woman who admitted carjacking a vehicle while armed was sentenced today to seven years and four months in prison, to be followed by three years of supervised release, U.S. Attorney Jesse Laslovich said.

The defendant, Talena Florence Boyiddle, 20, pleaded guilty in May to carjacking and to possessing a firearm in furtherance of a crime of violence.

U.S. District Judge Susan P. Watters presided.

In court documents, the government alleged that on Jan. 23, 2023, the victim, identified as John Doe 1, reported to the Billings Police Department that he had been carjacked. The victim told law enforcement that he had met a woman he knew as “Nicole” online and that at 1 a.m. on Jan. 23, 2023, she arranged for him to pick her up. When the victim arrived, the woman got into the front seat and two unknown males got into the back seat. The three individuals instructed the victim to drive to an alley behind a laundromat. There, the woman pulled out a Glock pistol, racked it twice and pointed it at John Doe 1. All three individuals made statements that they intended to rob the victim. The victim got out of the car and ran away, and the three individuals took his car, a 2003 Honda Civic. An officer found the car with switched plates later the same day and had it towed. A few days after the car was returned to the victim, it was stolen again. In February 2023, police found Boyiddle in the victim’s car and in possession of a Glock 9mm handgun. Investigators determined through a Facebook photo that “Nicole” was Boyiddle. The government further alleged that Boyiddle and her associates were able to steal the car a second time by using keys they had obtained from the carjacking.

The U.S. Attorney’s Office prosecuted the case. The Billings Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation.

 This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

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BILLINGS — A Billings man who admitted to a sex trafficking crime after he was accused of offering to provide a minor girl alcohol in exchange for sex and to violating a release condition in a separate case was sentenced today to a total of 23 years and 10 months in prison, to be followed by a lifetime of supervised release, U.S. Attorney Jesse Laslovich said.

The defendant, Joshua Allen Morgan, 40, pleaded guilty in May to attempted sex trafficking of a minor. In a separate case, Morgan also admitted to violating a condition of supervised release for a separate 2012 conviction for receipt of child pornography.

U.S. District Judge Susan P. Watters presided. The court sentenced Morgan to 21 years and 10 months in prison for the attempted sex trafficking conviction and to a consecutive two years in prison for violating a release condition in the child pornography case.

In the case involving attempted sex trafficking of a minor, the government alleged in court documents that in March 2023, law enforcement was conducting an undercover online investigation in the Billings area targeting individuals with a sexual interest in children. Morgan responded to and agreed to meet a person he believed to be a 12-year-old girl. Morgan was arrested and law enforcement served a search warrant on his phone. Law enforcement found Facebook communications between Morgan and a juvenile girl, identified as Jane Doe. In an interview with law enforcement, Doe disclosed that she had met Morgan when she was 15 or 16 after he began sending her messages on Facebook.  Morgan provided Doe with alcohol, and they spent time together. During this period, Moran sexually assaulted Doe at his residence. In March 2023, Morgan and Doe began corresponding again and discussions involved Morgan providing Doe with alcohol in exchange for sexual conduct. Doe informed Morgan she was a juvenile, and Morgan instructed her not to disclose their relationship to anyone. Doe and Morgan did meet, but Doe left prior to engaging in sexual conduct with Morgan.

 At the same time Morgan was attempting to traffic Jane Doe, he also was attempting to groom other minor girls. He asked two girls to travel to Laurel with him one night and purchased alcohol for them. On another occasion, Morgan informed one of those girls that he could provide her with methamphetamine. Morgan made a habit of informing these children that he did not want to know their age. The girls were 15 and 16 years old.

The U.S. Attorney’s Office prosecuted the case. The FBI and Montana Division of Criminal Investigation conducted the investigation.

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 U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

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GREAT FALLS — A U.S. District Court judge on Aug. 27 convicted a Great Falls woman for a December 2021 crash on the Blackfeet Indian Reservation that resulted in serious bodily injuries to a juvenile passenger, U.S. Attorney Jesse Laslovich said today.

After a one-day bench trial on Aug. 27, Chief U.S. District Judge Brian M. Morris found the defendant, Noblee Rose Littledog, 23, of Great Falls, guilty of assault resulting in serious bodily injury as charged in an indictment. Littledog faces a maximum of ten years in prison, a $250,000 fine and three years of supervised release.

The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. The court set sentencing for Jan. 9, 2025, and continued Littledog’s release pending further proceedings.

“Reckless driving often ends tragically, but driving recklessly while also consuming alcohol almost always guarantees someone will be severely injured, which is exactly what happened here. Our office, as well as the victim’s family, are relieved and thankful for the guilty verdict because accountability will now rightfully occur for Littledog. I applaud and thank the entire Blackfeet prosecution team, including Blackfeet Law Enforcement Services, the Montana Highway Patrol, and the FBI for their outstanding work on this case,” U.S. Attorney Laslovich said.

In court documents and at trial, the government alleged that on Dec. 1, 2021, Littledog was driving a 2019 Jeep Cherokee on the Blackfeet Indian Reservation with the victim, a passenger identified as Jane Doe, who was 17 years old. While driving on a secondary highway between BIA Route 1 and U.S. Highway 89, Littledog passed two vehicles at a high rate of speed in a no passing zone. Littledog failed to negotiate the corner, causing the vehicle to leave the roadway, rolling approximately five times. The vehicle was destroyed and both occupants were injured. Jane Doe was pinned in the passenger seat. Emergency responders had to cut Jane Doe from the car before they could triage her injures. Jane Doe suffered severe trauma to her lower extremities that has caused permanent damage.

Law enforcement seized the vehicle’s event data recorder and analyzed the data. At trial, the government presented evidence that the data captured by the vehicle showed that seconds before the crash, Littledog was traveling at a minimum speed of 105.6 mph. The data also showed that both occupants were restrained at the time of the crash. Jane Doe reported that Littledog had consumed alcohol on the drive, and Littledog told law enforcement at the hospital that she had consumed two alcoholic beverages approximately 30 to 40 minutes before the crash. Evidence at the scene of the crash matched her description of the alcohol she reported consuming.

The U.S. Attorney’s Office prosecuted the case. Blackfeet Law Enforcement Services, Montana Highway Patrol and the FBI conducted the investigation, with assistance from the Cut Bank Police Department.

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MISSOULA — A California man who admitted to mailing thousands of fentanyl pills to co-conspirators in the Butte area for redistribution and to possessing a firearm as part of a large trafficking operation was sentenced on Aug. 27 to 20 years in prison, to be followed by five years of supervised release, U.S. Attorney Jesse Laslovich said today.

The defendant, Anthony Wayne Johnson, II, 47, pleaded guilty in April to possession with intent to distribute fentanyl and to possessing a firearm in furtherance of drug trafficking.

U.S. District Judge Dana L. Christensen presided.

The government alleged in court documents that Johnson II was part of a large conspiracy that brought fentanyl and methamphetamine to the Butte and Helena communities. The drug trafficking organization would transport meth from California to Montana by using co-conspirators to drive large amounts of meth between the states. The investigation also determined that the organization mailed packages of fentanyl pills from California to Montana. The government further alleged that in November 2022, Johnson II mailed three packages to co-conspirators in Butte for distribution. Two of the packages were intercepted by law enforcement in Montana and were found to contain approximately 9,000 fentanyl pills. The third package was delivered to one of the heads of the conspiracy, and a co-conspirator who was present when the package was opened, observed that it contained approximately 8,000 fentanyl pills. In January 2023, law enforcement arrested Johnson II at a hotel in Butte. In his hotel room, law enforcement found a firearm under the mattress as well as fentanyl on Johnson II’s person. Johnson II admitted his DNA would be on the firearm.

The U.S. Attorney’s Office prosecuted the case. The Bureau of Alcohol, Tobacco, Firearms and Explosives, Drug Enforcement Administration, U.S. Postal Inspection Service, Missouri River Drug Task Force, Montana Division of Criminal Investigation and Montana Highway Patrol conducted the investigation.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit Justice.gov/PSN.

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HELENA — U.S. Attorney for the District of Montana, Jesse Laslovich, today announced a settlement agreement between the federal government and St. Peter’s Health, in Helena, in which St. Peter’s will pay $10,844,201 to resolve allegations that it violated the False Claims Act by submitting false claims for payments to federal health care programs for services performed by an oncology doctor.

U.S. Attorney Laslovich announced the settlement agreement today during a press conference at the U.S. Attorney’s Office in the Paul G. Hatfield Federal Courthouse in Helena.

“One of the purposes of the False Claims Act is to protect the American taxpayer from paying for false claims submitted by health care providers to federal health care programs.  We take these allegations seriously, which is why I am pleased we obtained this settlement agreement that returns almost $11 million to the United States.  Our health care providers simply must submit accurate claims when billing these taxpayer-supported federal health care programs for services.  This settlement would not have been possible without the cooperation of St. Peter’s Health, who voluntarily disclosed the misconduct and cooperated with federal investigators to identify the problem and amount of false billing,” U.S. Attorney Laslovich said.

“Today’s settlement highlights our unwavering commitment to enforcing the False Claims Act and upholding the integrity of federal health care programs,” said Special Agent in Charge Linda T. Hanley, of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “St. Peter’s submission of false claims and its associated compensation practices violated both legal and ethical standards. We will continue collaborating with our law enforcement partners to hold entities accountable, prevent similar violations, and safeguard public funds.”

“VA’s Community Care programs provide veterans and their families critical healthcare services from providers within their own communities,” said Special Agent in Charge Dimitriana Nikolov, of the Department of Veterans Affairs Office of Inspector General’s Northwest Field Office. “This civil settlement reinforces the VA OIG’s commitment to safeguarding the integrity of VA’s healthcare programs and operations and preserving taxpayer funds.”

The settlement agreement, signed on August 26, 2024, is among the U.S. Department of Justice, the Office of Inspector General of the Department of Health and Human Services, on behalf of the Medicare and Medicaid programs; the Defense Health Agency, on behalf of the TRICARE program; the Office of Personnel Management, which administers the Federal Employees Health Benefits Program (FEHBP), the U.S. Department of Veterans Affairs (VA); the Office of Inspector General of the Railroad Retirement Board (RRB) and St. Peter’s Health.

Under the terms and conditions of the settlement agreement, St. Peter’s is to pay $10,844,201 no later than 30 days after the effective date of the agreement.

The settlement agreement contends that St. Peter’s violated the False Claims Act by submitting false claims for payments to federal health care programs relating to services performed and referred by Dr. Thomas Weiner, an oncologist employed at its cancer treatment center. The government alleged that between Jan. 1, 2015 and Dec. 31, 2020, St. Peter’s, relying on Dr. Weiner’s documentation and certification, submitted claims which were determined to be false. St. Peter’s knew, or should have known, that Dr. Weiner submitted claims for office visits that were coded at a higher level of service than was actually performed or did not meet the requirements of a significant, separately identifiable service when performed on the same day as administration of chemotherapy. Further, St. Peter’s, relying on Dr. Weiner’s documentation and certification, compensated Dr. Weiner with a salary that was based on the false claims, and therefore, caused his salary to be inconsistent with fair market value.

The settlement agreement credits St. Peter’s for voluntarily self-disclosing the misconduct. St. Peter’s also performed and disclosed the results of an internal investigation; disclosed documents beyond existing business practices or legal requirements; identified individuals who were aware of relevant information or conduct; made officers and employees available for interviews; assisted in determining the losses caused by the misconduct; and has enhanced its corporate compliance program.

The U.S. Attorney’s Office’s handled the matter. The U.S. Department of Health and Human Services Office of Inspector General and U.S. Department of Veterans Affairs Office of Inspector General provided investigative support.

The claims resolved by the settlement are allegations only. There has been no determination of liability.

Attachment

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BILLINGS — A Lodge Grass man accused of sexually abusing a child on the Crow Indian Reservation admitted to charges today, U.S. Attorney Jesse Laslovich said.

The defendant, Marty Edward Plenty Hawk, 29, pleaded guilty to aggravated sexual abuse and abusive sexual contact of a child as charged in an indictment. Plenty Hawk faces a maximum of life in prison, a $250,000 fine and not less than five years to a lifetime of supervised release on each crime.

U.S. Magistrate Judge Timothy J. Cavan presided. A sentencing date will be set before U.S. District Judge Susan P. Watters. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Plenty Hawk was detained pending further proceedings.

In court documents, the government alleged that between 2021 and May 2023 near Lodge Grass, on the Crow Indian Reservation, Plenty Hawk forced the victim, identified as Jane Doe 1, who was under the age of 12, to engage in a sexual act and caused the victim to engage in sexual conduct. On May 2, 2023, law enforcement arrested Plenty Hawk after a domestic disturbance at his residence. While in custody, Plenty Hawk notified jail staff that he wanted to write a confession and wrote that he had been carrying on a sexual relationship with Jane Doe 1. A sexual assault examination of Jane Doe 1 noted injuries consistent with child sexual abuse. In an interview with the FBI and Bureau of Indian Affairs, Plenty Hawk again admitted to having a sexual relationship with Jane Doe 1 and having sexual intercourse with the victim multiple times.

The U.S. Attorney’s Office is prosecuting the case. The FBI and BIA conducted the investigation.

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BILLINGS — A Billings man accused of trafficking fentanyl pills in the community and ramming an occupied U.S. Marshals Service vehicle during his arrest admitted to charges today, U.S. Attorney Jesse Laslovich said.

The defendant, Luke Michael Dovel, 29, pleaded guilty to possession with intent to distribute controlled substances and to assault on a federal officer. Dovel faces a mandatory minimum of 10 years to life in prison, a $10 million fine and at least five years of supervised release on the drug charge and a maximum of 20 years in prison, a $250,000 fine and three years of supervised release on the assault charge.

U.S. Magistrate Judge Timothy J. Cavan presided. A sentencing date will be set before U.S. District Judge Susan P. Watters. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Dovel was detained pending further proceedings.

The government alleged in court documents that in August and September of 2023, law enforcement learned that Dovel was selling large quantities of fentanyl and that there was a warrant for his arrest because he had absconded while on state probation. On Sept. 18, 2023, multiple law enforcement agencies surveilled Dovel’s suspected location, and when Dovel arrived, law enforcement used their vehicles to block Dovel’s vehicle. Dovel then rammed the law enforcement vehicles several times, attempting to flee. Dovel hit a U.S. Marshals Service’s vehicle that was occupied by a deputy multiple times. The deputy and other officers were not injured but their vehicles were damaged. Dovel was instructed to exit his vehicle and did so without incident. In a search of Dovel, officers found him to be in possession of fentanyl pills, more than $8,000 in U.S. currency, a knife and metal knuckles. In a search of his vehicle, law enforcement found approximately 1,500 fentanyl pills, methamphetamine, fentanyl powder, cocaine, crack cocaine, heroin and a loaded handgun magazine and ammunition.

The U.S. Attorney’s Office is prosecuting the case. The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit Justice.gov/PSN.

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BILLINGS — A Billings business owner accused of developing and selling software devices and kits to circumvent emissions monitoring systems for at least 845 diesel trucks admitted today to violating the Clean Air Act, U.S. Attorney Jesse Laslovich said.

The defendant, Thomas James Nash, 37, appeared for arraignment on an information and pleaded guilty to tampering with Clean Air Act monitoring device. Nash faces a maximum of two years in prison, a $250,000 fine and three years of supervised release.

U.S. Magistrate Judge Timothy J. Cavan presided. A sentencing date will be set before U.S. District Judge Susan P. Watters. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Nash was released pending further proceedings.

In a plea agreement filed in the case, the parties agree that a term of probation and a $250,000 fine is appropriate.

The government alleged in court documents that from 2019 until April 2021, Nash, through his businesses, DRK and Flash Performance, tampered with Clean Air Act monitoring devices by developing, marketing and selling software known as “tunes” that, when downloaded onto a vehicle’s computer, would override and disable the on-board diagnostic system so that it would no longer detect malfunctions in the emissions control system. Nash loaded his tunes onto a device known as a “tuner” that would plug into a vehicle’s on-board diagnostic port, establishing a connection so that the tune could be downloaded.

Nash also packaged the tuners with devices, such as “straight pipes,” which are used to disable the emissions control hardware. Nash sold these packages as DRK “delete kits” over the internet on eBay. Nash specifically marketed these “delete kits” as a way to circumvent the emissions control system in diesel trucks and customers purchased them with that intention. When the hardware devices and “tunes” were installed, a truck’s on-board diagnostic system was rendered ineffective, causing the truck to greatly exceed emission standards established under the Clean Air Act and release significantly more pollution. The pollutants include nitrogen oxide, carbon monoxide, non-methane hydrocarbons and particulate matter, which degrade air quality and pose a significant risk to public health. Further, Nash provided ongoing technical assistance to customers who purchased the kits to ensure they were able to effectively circumvent the emissions monitoring system. Nash successfully tampered with at least 845 trucks.

The U.S. Attorney’s Office is prosecuting the case. The Environmental Protection Agency conducted the investigation.

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BILLINGS — The U.S. Attorney’s Office recently recovered approximately $700,000 for victims of a Kalispell man who defrauded investors in a multi-million-dollar scheme involving oil and gas leases and artwork, U.S. Attorney Jesse Laslovich said today.

The defendant, John Kevin Moore, also known and Kevin Moore, of Kalispell, was convicted in August 2018 by a federal jury of 21 counts of wire fraud, money laundering and false statement crimes and sentenced in 2019 to more than 10 years in prison, ordered to pay more than $2.2 million in restitution and to forfeit more than $1.9 million.

“In addition to obtaining a federal prison sentence, the collection of restitution for victims of fraud is essential in the pursuit of justice, although it is often difficult to obtain restitution because the fraudster usually spends all the money. Here, however, through the extraordinary dedication and hard work of our financial litigation team, we were able to track down and recover a significant amount of money for victims of Moore’s fraud and prevent Moore from benefiting from the sale of a ranch in which he had invested,” U.S. Attorney Laslovich said.

In seeking to collect restitution, the U.S. Attorney’s financial litigation division asserted its restitution lien against Moore’s interest in a ranch in Valley County held by Moore’s now-dissolved business, Milk River Hunting Preserve, LLC. Through a civil settlement reached in U.S. District Court in July, the government secured approximately $700,000 in restitution for the victims in Moore’s criminal case from the proceeds of the sale of the ranch.

At Moore’s criminal trial, the government presented evidence that Moore set up two companies, Big Sky Mineral Resources LLC and Glacier Gala, and used them to solicit money from investors by purporting to buy oil and gas leases and to buy and sell lucrative artwork. Instead, prosecutors alleged, Moore used investors’ money to pay off earlier investors and to pay for personal expenses, including payments on multi-million-dollar properties. Moore received more than $2 million from victims based on false claims he made regarding the mining of oil and gas and minerals and the sale of art.

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The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty beyond a reasonable doubt:

Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan for a preliminary hearing on a criminal complaint on Aug. 16 was:

Rene Montenegro-Virrey, 50, of Bozeman, on charges of conspiracy to possess with intent to distribute controlled substances and possession with intent to distribute methamphetamine. If convicted of the most serious crime, Montenegro-Virrey faces a mandatory minimum of 10 years to life in prison, a $10 million fine and at least five years of supervised release. Montenegro-Virrey was detained pending further proceedings. The Missouri River Drug Task Force and Montana Highway Patrol conducted the investigation.  PACER case reference. 24-47.

Appearing on Aug. 14 and pleading not guilty was:

Dean Allen Wallowing Bull, 45, of Crow Agency, on charges of sexual abuse and attempted sexual abuse. If convicted of the most serious crime, Wallowing Bull faces life in prison, a $250,000 fine and at least five years of supervised release. Wallowing Bull was detained pending further proceedings. The FBI, Northern Cheyenne Criminal Investigative Services and Bureau of Indian Affairs investigated the case. PACER case reference. 24-110.

Kelly Duane Davis, 42, of Billings, on charges of possession with intent to distribute methamphetamine and distribution of meth. If convicted of the most serious crime, Davis faces a mandatory minimum of five years to 40 years in prison, a $5 million fine and at least four years of supervised release. Davis was detained pending further proceedings. The Drug Enforcement Administration conducted the investigation. PACER case reference. 24-66.

Channon Nicole Freemont, 35, of Lame Deer, on charges of conspiracy to possess with intent to distribute meth, possession with intent to distribute meth and distribution of meth. If convicted of the most serious crime, Freemont faces a maximum of 20 years in prison, a $1 million fine and at least three years of supervised release. The FBI conducted the investigation. PACER case reference. 24-95.

Derrick Lee Moore, 39, of Fairview, on charges of possession with intent to distribute meth. If convicted of the most serious crime, Moore faces a maximum of 20 years in prison, a $1 million fine and three years of supervised release. Moore was detained pending further proceedings. The FBI and Billings Police Department conducted the investigation. PACER case reference. 24-59.

Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on Aug. 13 was:

Charles Clifford Hamlin, 60, of Helena, on charges of conspiracy to possess with intent to distribute controlled substances, possession with intent to distribute controlled substances and distribution of meth. If convicted of the most serious crime, Hamlin faces a mandatory minimum of 10 years to life in prison, a $10 million fine and at least five years of supervised release. Hamlin was detained pending further proceedings. The Missouri River Drug Task Force conducted the investigation. PACER case reference. 24-16.

Appearing on Aug. 12 was:

Stevenson Metelus, 35, of Margate, Florida, on charges of attempted coercion of a minor and use of facility in aid of racketeering. If convicted of the most serious crime, Metelus faces a mandatory minimum of 10 years to life in prison, a $250,000 fine and at least five years to life of supervised release. Metelus was released pending further proceedings. The FBI, Missoula Police Department and Missoula County Sheriff’s Office conducted the investigation. PACER case reference. 24-34.

The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

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GREAT FALLS — A Havre woman who was a passenger on a small commercial airplane admitted on Thursday to interfering with the flight by lunging at the controls as the plane was landing, causing it to accelerate and turn on the runway, U.S. Attorney Jesse Laslovich said today.

The defendant, Tracy Lynn Eagleman, aka Tracy Badmoccasin, 36, pleaded guilty to interfering with an aircraft in flight. Eagleman faces a maximum of 20 years in prison, a $250,000 fine and three years of supervised release.

Chief U.S. District Judge Brian M. Morris presided. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing was set for Dec. 11. Eagleman was detained pending further proceedings.

In court documents, the government alleged that on March 21, 2023, Eagleman was a passenger on Cape Air flight 1793, a small passenger plane that departed from Billings and was bound for Havre. On the final approach into Havre, about 10 miles out, Eagleman stood up and started yelling about the landing. The flight crew – a captain and first officer – were able to calm Eagleman down and get her back into her seat. However, just as the plane touched down, Eagleman lunged forward from her seat and hit the flight controls. Eagleman hit the throttle for one of the two engines, causing it to accelerate and prompting the plane to “yaw” or turn on the runway. At the time, the plane was traveling between 70 and 75 knots, which is approximately 80 mph. The flight crew regained control of the plane without further incident, stopped on the tarmac and eventually taxied safely to the airport terminal. One of the passengers recorded the incident on a cellphone. While the recording failed to capture the moment, Eagleman lunged at the control deck, other passengers are heard yelling in fear that they could have been killed. In later interviews, the flight crew indicated that yawing at 70 knots in an unbalanced aircraft could cause it to roll and crash.

The U.S. Attorney’s Office is prosecuting the case. The FBI and Hill County Sheriff’s Office investigated the case.

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BILLINGS — A Billings man was sentenced today to three years and one month in prison, to be followed by three years of supervised release, after he admitted to possessing a firearm after having been convicted of a felony, U.S. Attorney Jesse Laslovich said.

The defendant, Francisco Jose Nava, 31, pleaded guilty in March to prohibited person in possession of a firearm.

U.S. District Judge Susan P. Watters presided.

The government alleged in court documents that on Aug. 21, 2023, Nava had a warrant out for his arrest, and law enforcement observed him in a pickup truck in Billings. Officers attempted to pull over Nava, but he fled. Law enforcement stopped Nava’s truck through a maneuver and saw him reaching around the truck’s interior. Inside the truck, law enforcement found a .40-caliber handgun on the front passenger seat. Nava had .40-caliber ammunition on his person. Nava was prohibited from possessing firearms because of previous felony convictions and was on supervision for a felony offense at the time.

The U.S. Attorney’s Office prosecuted the case. The Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Marshals Service, Montana Division of Criminal Investigation, Montana Highway Patrol and Montana Probation and Parole conducted the investigation.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit Justice.gov/PSN.

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MISSOULA — A Gallatin Gateway man accused of illegally possessing firearms and ammunition because he was in the United States unlawfully admitted to a firearms charge today, U.S. Attorney Jesse Laslovich said.

The defendant, Oscar Enrique Ruiz Rojas, 25, pleaded guilty to prohibited person in possession of firearms and ammunition. Rojas faces a maximum of 15 years in prison, a $250,000 fine and three years of supervised release.

U.S. Magistrate Judge Kathleen L. DeSoto presided. Sentencing was set for Dec. 18 before U.S. District Judge Dana L. Christensen. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Rojas was detained pending further proceedings. 

In court documents, the government alleged that law enforcement was investigating Rojas for cocaine distribution and observed him outside his house with a pistol on his hip on two days in April. On April 24, law enforcement served a search warrant on his residence and located several firearms and ammunition. Rojas admitted that he had been in the United States illegally for the past six years after crossing the southern border at Nogales, Arizona. Rojas further stated that he had purchased a .22-caliber firearm for $400 from an individual.

The U.S. Attorney’s Office is prosecuting the case. The Bureau of Alcohol, Tobacco, Firearms and Explosives and Drug Enforcement Administration conducted the investigation.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit Justice.gov/PSN.

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MISSOULA — The owner of a Bozeman construction company who admitted not paying to the IRS employee-related taxes of more than $800,000 was sentenced today to federal prison and fined $75,000, U.S. Attorney Jesse Laslovich said.

The defendant, Joseph Glen Dickey, 39, owner of Alpine Customs, Inc., pleaded guilty in April to failure to truthfully account for and pay over withholding and FICA taxes, a felony, and failure to file employer’s quarterly return and pay tax, a misdemeanor.

U.S. District Judge Dana L. Christensen sentenced Dickey to one year and one day in prison, to be followed by three years of supervised release. The court also fined him $75,000 and ordered $270,807 restitution, which is the remaining amount owed after Dickey repaid some of his outstanding balance prior to sentencing.

The government alleged in court documents that Dickey owns Alpine Customs, Inc., a commercial construction company that has employed 60 or more individuals. Dickey acted as Alpine’s general manager and exercised control over every aspect of the business, including approving company payments and overseeing company bank accounts. Alpine withheld payroll taxes from employees’ paychecks, including federal income taxes and Social Security and Medicare taxes. Alpine also was required to make quarterly deposits of those payroll taxes and additional employer payroll contributions to the IRS.

Dickey did not timely deposit several employee or employer payroll taxes from 2018 to 2021. Dickey knew of the requirements and his bookkeepers and IRS officers repeatedly advised Dickey of these legal obligations. In total, Dickey failed to timely pay $803,374 in employer and employee payroll taxes.

The U.S. Attorney’s Office prosecuted the case. The IRS Criminal Investigation conducted the investigation.

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BILLINGS — A Crow Agency man who punched a woman in the face, causing her to lose vision in an eye, was sentenced today to five years and 10 months in prison, to be followed by three years of supervised release, U.S. Attorney Jessed Laslovich said.

The defendant, Darek Paul Birdinground, 34, pleaded guilty in April to assault resulting in serious bodily injury as charged in an indictment.

U.S. District Judge Susan P. Watters presided.

The government alleged in court documents that while investigating a separate, unrelated assault, the FBI learned in June 2023 of an assault that occurred on Jan. 21, 2023 in Crow Agency, on the Crow Indian Reservation. Agents with the FBI and Bureau of Indian Affairs learned that the victim, identified as Jane Doe, was driving a truck in Crow Agency when she saw Birdinground coming up fast behind her in an SUV, so she pulled over. Birdinground got out of his vehicle carrying a baseball bat. After a few angry words, Birdinground punched Doe on the side of her left eye. Birdinground then used the bat to break the windows of the truck. Doe suffered loss of vision in her eye.

The U.S. Attorney’s Office prosecuted the case. The FBI and BIA conducted the investigation.

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The U.S. Attorney’s Office announced that the following persons were arraigned or appeared recently before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty beyond a reasonable doubt:

Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Aug. 8 was:

Leevi Dannyle Dobson, 34, of Billings, and Joseph Marion Medina, III, 33, of Billings, on charges of conspiracy to possess with intent to distribute controlled substances and possession with intent to distribute controlled substances. If convicted of the most serious crime, Dobson and Medina face a mandatory minimum of 10 years to life in prison, a $10 million fine and at least five years of supervised release. Dobson was released pending further proceedings, while Medina was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives, Homeland Security Investigations and Billings Police Department investigated the case. PACER case reference. 24-98.

Appearing on Aug. 6 was:

Camille Lynn Ackaret, 42, of Billings, on charges of conspiracy to possess with intent to distribute controlled substances and possession with intent to distribute controlled substances. If convicted of the most serious crime, Ackaret faces a mandatory minimum of 10 years to life in prison, a $10 million fine and at least five years of supervised release. Ackaret was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives, Billings Police Department and Montana Division of Criminal Investigation investigated the case. PACER case reference. 24-88.

Appearing on Aug. 1 was:

 Lynda Diane Good, 59, of Billings, on charges of conspiracy, possession with intent to distribute controlled substances, distribution of methamphetamine and possession of a firearm in furtherance of a drug trafficking crime. If convicted of the most serious crime, Good faces a mandatory minimum of 10 years to life in prison, a $10 million fine and at least five years of supervised release on the drug charges and a mandatory minimum of five years to life in prison, consecutive to any other sentence, a $250,000 fine and five years of supervised release on the firearm charge. Good was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives, Billings Police Department and Montana Division of Criminal Investigation investigated the case. PACER case reference. 24-88.

 Appearing on July 30 was:

Elias Adame, 38, of Billings, on charges of prohibited person in possession of a firearm, possession of a stolen firearm and receipt of a firearm while under indictment. If convicted of the most serious crime, Adame faces a maximum of 15 years in prison, a $250,000 fine and three years of supervised release. Adame was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives and Billings Police Department investigated the case. PACER case reference. 24-81.

Appearing on July 29 was:

Curtis William Witmer, 48, of Billings, on charges of prohibited person in possession of a firearm. If convicted of the most serious crime, Witmer faces a maximum of 15 years in prison, a $250,000 fine and three years of supervised release. Witmer was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives and Billings Police Department investigated the case. PACER case reference. 24-105.

Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Aug. 6 was:

Joel Hadley III, 22, of Florida, on charges of possession with intent to distribute fentanyl, distribution of fentanyl and possession of a firearm in furtherance of a drug trafficking crime. If convicted of the most serious crime, Hadley faces a mandatory minimum of five years to 40 years in prison, a $5 million fine and four years of supervised release on the drug possession charge and a mandatory minimum of five years to life in prison, consecutive to any other sentence, a $250,000 fine and five years of supervised release on the firearm charge. Hadley was detained pending further proceedings. The FBI, Tri-Agency Drug Task Force, Drug Enforcement Administration and U.S. Border Patrol investigated the case. PACER case reference. 24-26.

Scott Hamilton, 44, of Helena, on charges of felon in possession of firearms. If convicted of the most serious crime, Hamilton faces a maximum of 15 years to life in prison, a $250,000 fine and three years of supervised release. Hamilton was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives and Lewis and Clark County Sheriff’s Office investigated the case. PACER case reference. 24-14.

Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on Aug. 9 was:

Blaise Scott Nuthak, 30, of Butte, on charges of distribution of fentanyl and possession with intent to distribute fentanyl. If convicted of the most serious crime, Nuthak faces a maximum of 20 years in prison, a $1 million fine and three years of supervised release. Nuthak was detained pending further proceedings. The Montana Division of Criminal Investigation and Drug Enforcement Administration investigated the case. PACER case reference. 24-15.

Appearing on July 30 was:

Alecia Mae Leonetti, 49, of Kalispell, and Krista Lynn Hall, 49, of Kalispell, on charges of conspiracy to commit wire fraud, wire fraud and aggravated identity theft. If convicted of the most serious crime, Leonetti and Hall face a maximum of 20 years in prison, a $250,000 fine and three years of supervised release on the wire fraud charges and a mandatory two years in prison, consecutive to any other sentence, a $250,000 fine and one year of supervised release, on the identity theft charge. Leonetti and Hall were released pending further proceedings. The Flathead County Sheriff’s Office and FBI investigated the case. PACER case reference. 24-36.

Guy S. Cook, 59, of Dripping Springs, Texas, on charges of tax evasion. If convicted of the most serious crime, Cook faces a maximum of five years in prison, a $100,000 fine and three years of supervised release. Cook was released pending further proceedings. The IRS Criminal Investigation investigated the case. PACER case reference. 24-22.

Anthony Reimer Mares, 32, of Texas, on charges of conspiracy to commit bank fraud and wire fraud. If convicted of the most serious crime, Mares faces a maximum of 30 years in prison, a $1 million fine and five years of supervised release. Mares was detained pending further proceedings. The FBI; U.S. Secret Service; Missoula, Bozeman, Helena, Livingston and Laurel police departments; Yellowstone County Sheriff’s Office; Chubbock, Pocatello and Kemmerer, Idaho, police departments; Bannock County Sheriff’s Office, Idaho; Idaho State Police; Teton County Sheriff’s Office, Wyoming; and Evanston and Mountain View, Wyoming, police departments, investigated the case. PACER case reference. 23-13.

The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

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BILLINGS  — A Hardin man who admitted he hindered a murder investigation into the 2023 shooting death of another man on the Crow Indian Reservation was sentenced today to seven years in prison, to be followed by three years of supervised release, U.S. Attorney Jesse Laslovich said.

The defendant, Garrell Robert Snell, 34, pleaded guilty in April to accessory after the fact.

U.S. District Judge Susan P. Watters presided. The court also ordered $7,997 restitution.

The government alleged in court documents that on Jan. 18, 2023 at Crow Agency, on the Crow Indian Reservation, a gunshot victim was driven to the emergency room at the IHS Crow/Northern Cheyenne Hospital, where the victim, a man, was pronounced dead upon arrival. The driver initially lied to law enforcement about where the driver had found the victim. Snell also lied to law enforcement that day about how and where the murder took place, which delayed the investigation of the scene until the next day. Law enforcement learned that the victim was shot outside of a residence on Crow River Road.

Law enforcement obtained a federal search warrant and analyzed an SD card from exterior security cameras on the residence. Initially, nothing of any evidentiary value was recovered from the SD card. But in February 2024, the SD card was again analyzed, and video was recovered. The video does not show the murder but contains footage before and after the murder. The government further alleged that the video shows the victim lying on snow-covered ground in the yard before he was picked up and put into the vehicle used to take him to the hospital. After the vehicle leaves, the video shows Snell and another individual cleaning the snow-covered area where the victim had been lying by moving snow with a shovel, broom, hands and feet. The footage also appears to show Snell and the other individual picking up items from the snow-covered area. Two bullets retrieved from the victim’s body and shell casings recovered from the area that was cleaned by Snell and the other individual were determined to have been fired from the same gun. The gun has not been recovered.

The U.S. Attorney’s Office prosecuted the case. The FBI and Bureau of Indian Affairs conducted the investigation.

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BILLINGS — A Billings man accused of breaking into a Billings pawnshop and stealing firearms admitted today to a firearms charge, U.S. Attorney Jesse Laslovich said.

The defendant, Jesse Ambrose Deaguero, 42, pleaded guilty to theft from a federal firearms licensee. Deaguero faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release.

U.S. Magistrate Judge Timothy J. Cavan presided. A sentencing date will be set before U.S. District Judge Susan P. Watters. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Deaguero was detained pending further proceedings.

The government alleged in court documents that on Sept. 11, 2023, Pawnbrokers West, a federal firearms licensee, was burglarized shortly before 3 a.m. Ten firearms were stolen. A law enforcement investigation learned that Deaguero was involved in the burglary and five of the stolen firearms were recovered the next day from a residence. In an interview, Deaguero stated that he and a co-defendant, Lucious Machiavelli, went into the pawn shop and stole the firearms. Deaguero told investigators that he cut the lock off the firearms, and the guns were loaded into a car. Machiavelli pleaded guilty last month to charges in the case and is pending sentencing.

The U.S. Attorney’s Office is prosecuting the case. The Bureau of Alcohol, Tobacco, Firearms and Explosives and Billings Police Department, with assistance from the Montana Division of Criminal Investigation, conducted the investigation.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit Justice.gov/PSN.

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GREAT FALLS — The owner of firearms business in Great Falls was charged with filing false income tax returns after an undercover investigation determined the owner did not report 20 percent, or approximately $1.4 million, of his gross receipts, resulting in a tax loss of almost $500,000, U.S. Attorney Jesse Laslovich said today.

A grand jury indictment filed on Aug. 1 in U.S. District Court charges the defendant, Tommy Michael VanHoose, 66, with five counts of submitting a false tax return. If convicted, VanHoose faces a maximum of three years in prison, a $250,000 fine, and one year of supervised release on each count.

A summons was issued for VanHoose to appear for arraignment on Sept. 10 before U.S. Magistrate Judge John T. Johnston in Great Falls.

An indictment is only an accusation, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt.

“The indictment alleges VanHoose, by his own claims, skimmed cash from his firearms business and did not report 20 percent of his gross receipts to the IRS, which resulted in a substantial underpayment of income taxes to the United States. After a thorough investigation conducted by the IRS, we allege VanHoose’s own statements to an undercover agent were accurate, which is why he is charged with multiple counts of submitting a false federal tax return,” U.S. Attorney Laslovich said.

The indictment alleges that VanHoose owned and operated Highwood Creek Outfitters LLC, a firearms distributor and shooting range in Great Falls. VanHoose, through a real estate agent, listed the business for sale for $1,750,000. An IRS undercover agent, posing as a potential buyer, inquired about the list price by calling the real estate agent in February 2023. The real estate agent told the undercover that, “[N]ot everything flows to the tax returns.” In a later conversation, the real estate agent told the undercover that they would not identify in writing any “off the books” income but the actual amount of income was “substantial.”

As further alleged, the undercover toured Highwood Creek Outfitters with VanHoose in May 2023. During the tour, VanHoose stated that he skimmed approximately $450,000 in cash and repeatedly stated he did not report 20 percent of the gross receipts to the IRS. Based on his own claims and on records obtained through a search warrant, VanHoose underreported approximately 20 percent, or about $1,486,404, of his income for tax years 2018 through 2022, resulting in him owing the IRS approximately $492,254.

In addition, the indictment alleges that when individuals purchase firearms from Highwood Creek Outfitters, they are required to complete a Bureau of Alcohol, Tobacco, Firearms and Explosives Form 4473, which identifies the firearm purchased. The undercover asked VanHoose how underreporting of income was possible when ATF tracked gun sales by serial number through ATF Form 4473s. VanHoose responded, “It’s easy.” VanHoose further stated, “they don’t know what I’m paying for or I’m getting in income off those guns.” VanHoose therefore confirmed to the undercover that he accurately detailed sales through the ATF Form 4473 but underreported his income to the IRS. IRS agents executed a search warrant on June 14, 2023, at Highwood Creek Outfitters to obtain, among other items, the ATF Form 4473s to determine the amount of unreported income. The actual gun prices were attached to the ATF Form 4473s and confirmed that VanHoose skimmed cash and underreported his gross receipts to the IRS.

The indictment also alleges that VanHoose sold firearms for a higher price than what he entered into a point of sales system for the business; gave or sold firearms to others in which he did not record the transaction; and lied to his accountant by providing incomplete records to underreport income to the IRS.

The U.S. Attorney’s Office is prosecuting the case. IRS Criminal Investigation conducted the investigation.

PACER case reference. 24-60.

The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

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BILLINGS — A Lodge Grass man who trafficked methamphetamine as part of large-scale, multi-state operation that was centered on the Crow Indian Reservation was sentenced today to four years in prison, to be followed by five years of supervised release, U.S. Attorney Jesse Laslovich said.

Morgan Luke Hugs, 34, pleaded guilty in April to possession with intent to distribute meth.

U.S. District Judge Susan P. Watters presided.

The government alleged in court documents that federal law enforcement, in collaborative effort with local and tribal law enforcement, engaged in a large-scale, multiple-state narcotics trafficking investigation centered on multiple properties on the Crow Indian Reservation. The properties, including one referred to as Spear Siding, were a source of supply of meth for both the Crow and Northern Cheyenne reservations. Hugs was one of the individuals affiliated with the investigation and was considered a mid-level dealer.

The government further alleged that from about January 2022 until March 2023, Hugs was receiving meth from Spear Siding and distributing it to others on the Crow Reservation. Hugs received meth from two main co-conspirators involved with the investigation, sold ounce quantities and used other people to help him conduct sales. Hugs also acted as a protector/enforcer for another co-conspirator and would use stolen guns to help pay off his drug debt to others at Spear Siding. In addition, law enforcement obtained meth from Hugs in a controlled purchase in Hardin in November 2022.

The U.S. Attorney’s Office prosecuted the case. The Bureau of Indian Affairs, Drug Enforcement Administration and FBI conducted the investigation.

The case was investigated under the Organized Crime Drug Enforcement Task Forces (OCDETF). OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. For more information about Organized Crime Drug Enforcement Task Forces, please visit Justice.gov/OCDETF.

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MISSOULA — A woman who admitted embezzling money from her employer, a tire and service center in Vaughn, was sentenced on Thursday to 10 months in federal prison and ordered to pay $95,001 restitution, U.S. Attorney Jesse Laslovich said today.

The defendant, Jennifer Sue Whiteford, 48, pleaded guilty in March to wire fraud.

U.S. District Judge Dana L. Christensen presided.

The government alleged in court documents that Whiteford worked as a bookkeeper for Darryl’s Tire and Service Center, located near Vaughn. From about 2017 and continuing through June 2022, Whiteford stole money from the business to pay for personal expenses without DTSC’s authorization. Whiteford wrote checks to herself from the business accounts and then changed the names of the payees in the accounting software to make it look like the embezzled funds were going to pay legitimate business expenses. In addition, Whiteford skimmed cash deposits from the company by taking cash that was supposed to be deposited into DTSC’s bank account and instead deposited the cash into her personal account. In total, Whiteford embezzled between $88,000 and $139,000 from the company.

The U.S. Attorney’s Office prosecuted the case. The FBI conducted the investigation.

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MISSOULA — A former nurse practitioner in Butte admitted on Thursday to prescribing controlled substances despite having a suspended license and to falsely billing an insurance company approximately $61 million for vitamin B-12 injections in which she received nearly $600,000 for the false claims, U.S. Attorney Jesse Laslovich said today.

The defendant, Tristan Ashley Svejkovsky, 40, pleaded guilty to health care fraud and to use of a registration number issued to another person. Svejkovsky faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release on the health care fraud charge and a maximum of four years in prison, a $250,000 fine and one year of supervised release on the charge of using the registration of another person.

U.S. Magistrate Judge Kathleen L. DeSoto presided. Sentencing was set for Dec. 12 before U.S. District Judge Dana L. Christensen. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Svejkovsky was released pending further proceedings.

The government alleged in court documents that Svejkovsky was a nurse practitioner whose license was suspended by the Montana Board of Nursing on April 1, 2022. Svejkovsky continued to prescribe controlled substances using her own name and Drug Enforcement Administration registration number until June 8, 2022. The DEA contacted Svejkovsky through her attorney, and she agreed to voluntarily surrender her DEA registration. However, Svejkovsky continued to prescribe controlled substances using the name and DEA registration number of a friend who also was nurse practitioner. Svejkovsky misrepresented to her friend that her nursing license was on probation, not suspended, and that she would not use her friend’s information to prescribe drugs. In fact, Svejkovsky used her friend’s name and DEA registration number for at least 12 prescriptions of controlled substances.

The government further alleged that Svejkovsky billed Blue Cross Blue Shield of Montana for vitamin B-12 injections that did not occur. In August 2021, Svejkovsky started falsely increasing the number of units of a standard vitamin B-12 injection from one unit to 1,000 units. This increased the corresponding payment from the insurance company for each injection from roughly $4.88 to $4,880. After her license was suspended, Svejkovsky started submitting numerous such claims each month to Blue Cross Blue Shield of Montana by backdating claims to supposedly before her license was suspended. This conduct continued through May 2022, when Svejkovsky submitted four claims, this time claiming $15 million per vitamin B-12 injection to a new patient. Svejkovsky never gave that patient any vitamin injections, and Blue Cross Blue Shield of Montana did not pay those claims. In total, Svejkovsky billed the insurance company at least $61,995,000 for false vitamin B-12 injections and received at least $593,583 from those false claims.

The U.S. Attorney’s Office is prosecuting the case. The DEA and FBI conducted the investigation.

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BILLINGS — A Billings man who conducted armed patrols on the sidewalk in his neighborhood, which is across the street from a public elementary school and in a school zone, was sentenced today to three years of probation for a firearms conviction, U.S. Attorney Jesse Laslovich said.

The defendant, Gabriel Cowan Metcalf, 50, pleaded guilty in March to unlawful possession of a firearm in a school zone, as charged in an indictment.

U.S. District Judge Susan P. Watters presided.

In a plea agreement, the parties jointly recommended that a probationary sentence was appropriate.

“Almost one year ago, just as the school year was scheduled to begin, Broadwater Elementary School was busy taking proactive measures to protect kids from Metcalf and so were our law enforcement partners. Despite multiple attempts to explain to Metcalf that he was in violation of federal law, he continued his habit of armed patrols around his neighborhood and in a school zone. As we prepare for another year of school, the parents and children of Billings schools should know we will do whatever it takes to keep kids safe, as shown by our actions in this case,” U.S. Attorney Laslovich said.

The government alleged in court documents that in August 2023, multiple individuals observed Metcalf walking in the vicinity of Broadwater Elementary School while carrying a firearm. Metcalf was observed in multiple public areas, including walking down the sidewalk, crossing the street, and walking down a city alley, all within 1,000 feet of the elementary school. Metcalf’s residence is on Broadwater Avenue and is directly across the street from the school.

On Aug. 17, 2023, law enforcement officers spoke to Metcalf, who admitted to following cars while carrying a firearm, walking to the nearby business and escorting his mother down the street to her shop while carrying a firearm. Metcalf further told officers he patrolled daily and usually went around the block once or twice a week, but that lately he had done it several times a day. On Aug. 22, 2023, law enforcement executed a search warrant at Metcalf’s residence and seized a 20-gauge shotgun and six rounds of ammunition. The shotgun was the firearm Metcalf described as using to patrol.

Metcalf’s conduct prompted the school to lock down, put up tarping, erect a temporary fence, change where children walked and request increased police presence. When confronted with information that he was scaring parents and school authorities, Metcalf would not stop.

The U.S. Attorney’s Office prosecuted the case. The Billings Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

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MISSOULA — A New Jersey man who admitted to sexually assaulting a woman passenger seated next to him on a flight from New Jersey to Bozeman was sentenced on Wednesday to five years of probation, with six months of home confinement, ordered to register as a sex offender and to pay a total of $5,100 in special assessments, U.S. Attorney Jesse Laslovich said today.

The defendant, Piyush Mathew, 31, of Robbinsville Township, New Jersey, pleaded guilty in March to abusive sexual contact in the special aircraft jurisdiction of the United States as charged in an indictment.

U.S. District Judge Dana L. Christensen presided.

In court documents, the government alleged that on Sept. 7, 2023, Mathew and the victim, identified as Jane Doe, were seated next to each other on United Airlines Flight 1300 from New Jersey to Bozeman. Doe was seated in the middle seat, while Mathew was seated in an aisle seat. Prior to departure, Mathew raised the armrest between them, and once the plane was in the air, he assaulted Doe for the duration of the flight. Mathew, pretending to be asleep, touched Doe multiple times on different parts of her body, including her thighs, fingers, arms, stomach, and breasts. Doe had hoped to alert the flight crew of Mathew’s behavior, however, Mathew stood immediately behind her for deboarding, and she felt she was unable to tell the flight crew. Instead, Doe approached another male passenger who was in front of them and pretended to know him as a safeguard from Mathew while leaving the plane. The male passenger reported to law enforcement that Doe looked upset and as if she were about to cry.

The U.S. Attorney’s Office prosecuted the case. The FBI, Gallatin Airport Authority, and Bozeman Airport Police conducted the investigation.

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MISSOULA — A Lame Deer man who admitted to distributing methamphetamine and acting as a drug debt collector on the Northern Cheyenne Indian Reservation was sentenced on Wednesday to five years in prison, to be followed by five years of supervised release, U.S. Attorney Jesse Laslovich said today.

The defendant, James “JC” Luis Costilla, 37, pleaded guilty in March to possession with intent to distribute meth.

U.S. District Judge Dana L. Christensen presided.

The government alleged in court documents that in September 2021 on the Northern Cheyenne Indian Reservation, Costilla was with a group of four individuals who were in a car stopped by law enforcement. Costilla distributed meth and worked as a collector for drug debts for his co-conspirators. In Costilla’s car, law enforcement found meth and three firearms--an AR rifle, a shotgun and a handgun. Co-defendant Jamesey Jefferson was sentenced to seven years in prison for her conviction in the case, and co-defendant Ivan Eaglefeathers was sentenced to six years in prison for his conviction in the case.

The U.S. Attorney’s Office prosecuted the case. The FBI and Bureau of Indian Affairs investigated the case.

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BILLINGS — A Lame Deer man who admitted to attempting to have sex with two minor girls on the Northern Cheyenne Indian Reservation was sentenced today to 10 years in prison, to be followed by 10 years of supervised release, U.S. Attorney Jesse Laslovich said.

The defendant, Travis Dean Two Two, Sr., 36, pleaded guilty in March to attempted coercion and enticement and to attempted sex trafficking of a minor.

U.S. District Judge Susan P. Watters presided.

“Two Two is a predator who used social media to contact and communicate with juvenile girls for sexually explicit conduct for his own gratification. Prior to the initiation of this case, Two Two was a danger to children, especially girls of the Northern Cheyenne Nation. For at least the next 10 years, he’ll no longer be a threat to them,” U.S. Attorney Laslovich said.

In court documents, the government alleged that from about May 2023 to August 2023, in Lame Deer and Ashland, on the Northern Cheyenne Indian Reservation, Two Two communicated through Facebook with a 14-year-old girl, identified as Jane Doe 1, who was living on the Northern Cheyenne Reservation. The communications were made available to law enforcement, and law enforcement obtained consent to take over Doe 1’s account and communicate with Two Two. The communications became increasingly sexual. Two Two requested naked pictures of Doe 1 and made plans to meet with her for sex. Ultimately, Two Two discussed meeting Doe 1 at the MontanaFair in Billings, indicated he wanted to take nude pictures of her and “maybe make a video” of sex acts with her. He noted that he “like[s] them young.” Law enforcement arrested Two Two on Aug. 19, 2023 as he was leaving the MontanaFair.

The government further alleged that from about June 2023 until September 2023, at Lame Deer, Two Two attempted to engage a minor girl in commercial sex. In August 2023, law enforcement interviewed a 16-year-old girl, identified as Jane Doe 2, who indicated she had met Two Two in 2021 and that they had communicated though text messages in the summer of 2023. Doe 2 told law enforcement Two Two provided her with marijuana and that in exchange, Two Two began asking for sex acts to pay for the drug. Doe 2 indicated that she allowed this to occur on a couple of occasions.

The U.S. Attorney’s Office prosecuted the case. The FBI, Montana Division of Criminal Investigation, and Northern Cheyenne Investigative Services conducted the investigation.

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 U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

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BILLINGS — A Joliet man on Wednesday admitted to stealing firearms from a Billings pawnshop during a burglary, U.S. Attorney Jesse Laslovich said today.

The defendant, Lucious Machiavelli, aka Robert Allen Boyden, 47, pleaded guilty to theft from a federal firearms licensee. Machiavelli faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release.

U.S. District Judge Susan P. Watters presided. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing was set for Dec. 4. Machiavelli was detained pending further proceedings.

The government alleged in court documents that on Sept. 11, 2023, Pawnbrokers West, a federal firearms licensee, in Billings, was burglarized shortly before 3 a.m. Ten firearms were stolen during the break in. Law enforcement learned that Machiavelli was involved in the burglary. Five of the stolen firearms were recovered from the residence of a co-defendant, who told law enforcement that Machiavelli had brought the guns to the residence. Another co-defendant told law enforcement that he and Machiavelli went into the pawn shop and stole the firearms.

The U.S. Attorney’s Office is prosecuting the case. The Bureau of Alcohol, Tobacco, Firearms and Explosives and Billings Police Department conducted the investigation.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit Justice.gov/PSN.

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BILLINGS — A Canadian national accused of driving to Billings from Canada believing he was going to meet a juvenile girl for sex admitted today to attempted coercion and child pornography crimes, U.S. Attorney Jesse Laslovich said.

The defendant, Andrew Scott Brown, 43, of Sylvan Lake, Alberta, Canada, pleaded guilty to attempted coercion and enticement and distribution of child pornography. Brown faces a mandatory minimum of 10 years to life in prison, a $250,000 fine and five years to life of supervised release on the attempted coercion charge and a mandatory minimum of five years to 20 years in prison, a $250,000 fine and five years of supervised release on the distribution of child pornography charge.

U.S. Magistrate Judge Timothy J. Cavan presided. A sentencing date will be set before U.S. District Judge Susan P. Watters. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Brown was detained pending further proceedings.

In court documents, the government alleged that on Jan. 27, law enforcement, acting in an undercover capacity as a 12-year-old child, posted on social media. Brown responded to the post. The undercover informed Brown that he was chatting with a 12-year-old juvenile, and Brown responded that he could get into a lot of trouble. Over the next several weeks, Brown chatted with the undercover, and the messages were consistently sexual in nature. Brown indicted a desire to get the juvenile girl pregnant, how they were going to end up having sex and that he will go to jail. Brown also sent the undercover a picture of his penis and a video depicting a child being sexually assaulted by an adult man. On May 6, Brown drove from Canada to Billings with the belief he was going to meet the juvenile girl for sex and messaged along the way. Law enforcement arrested Brown when he arrived in Billings.

The U.S. Attorney’s Office is prosecuting the case. The Yellowstone County Sheriff’s Office, Billings Police Department and the FBI conducted the investigation.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit Justice.gov/PSC.

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BILLINGS — The former operations manager of a Billings federal credit union admitted today to embezzling more than $60,000 while employed there, U.S. Attorney Jesse Laslovich said.

The defendant, Kelly Jo Muzzana, 40, pleaded guilty to an information charging her with embezzlement by credit union employee. Muzzana faces a maximum of 30 years in prison, a $1 million fine and five years of supervised release.

U.S. Magistrate Judge Timothy J. Cavan presided. A sentencing date will be set before U.S. District Judge Susan P. Watters. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Muzzana’s release was continued pending further proceedings.

The government alleged in court records that from January 2023 through Dec. 12, 2023, Muzzana, who was the operations manager at Altana Federal Credit Union, embezzled more than $60,000 of credit union funds by using debit cards, credit cards and account information of customers to make unauthorized purchases. In addition, Muzzana processed customers’ fraudulent spending claims personally to avoid detection and prevented many of the customers from filing police reports, Some, however, did file police reports. Muzzana had access to customer data and was responsible for processing Altana’s entire fraud-alert process. Muzzana created duplicate bank cards for customers’ accounts and took them home with her in addition to taking cards Altana received in the mail that were undelivered to customers. Muzzana used the bank cards to make purchases online and in retail stores around Billings. 

The U.S. Attorney’s Office is prosecuting the case. The Billings Police Department and FBI conducted the investigation.

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BILLINGS — A Billings man who admitted to illegally possessing a gun was sentenced today to six and one-half years in prison, to be followed by three years of supervised release, U.S. Attorney Jesse Laslovich said.

The defendant, Steven Edward Schlosser, 54, pleaded guilty in January to prohibited person in possession of a firearm.

U.S. District Judge Susan P. Watters presided.

In court documents, the government alleged that in February 2023, Yellowstone County Sheriff’s deputies responded to Billings Clinic for a report of an assault between Schlosser and his girlfriend. Schlosser’s girlfriend reported that during a physical altercation with Schlosser, Schlosser pulled a firearm from his waistband and threatened to kill himself with it. Schlosser had the firearm in his waistband as he drove his girlfriend to the hospital. Law enforcement ultimately recovered a .40-caliber pistol from Schlosser’s vehicle in the hospital parking lot. The pistol had been stolen. In August 2023, law enforcement received information that Schlosser was in possession of another firearm. Schlosser was located in a Billings motel along with a loaded .45-caliber firearm. Schlosser claimed the firearm belonged to someone else but admitted to handling it. The firearm also had been reported stolen. Schlosser had previous felony drug convictions and was prohibited from possessing firearms.

The U.S. Attorney’s Office prosecuted the case. The Bureau of Alcohol, Tobacco, Firearms and Explosives, Yellowstone County Sheriff’s Office and Montana Division of Criminal Investigation conducted the investigation.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit Justice.gov/PSN.

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The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty beyond a reasonable doubt:

Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on July 18 was:

Michael James Merzlak, 37, of Butte, on charges of conspiracy to distribute methamphetamine and fentanyl and possession with intent to distribute meth and fentanyl. If convicted of the most serious crime, Merzlak faces a mandatory minimum of 10 years to life in prison, a $10 million fine and five years to life of supervised release. Merzlak was detained pending further proceedings. The Montana Division of Criminal Investigation, Drug Enforcement Administration, Beaverhead County Sheriff’s Office, Butte Silver Bow Law Enforcement, Bureau of Alcohol, Tobacco, Firearms and Explosives, Homeland Security Investigations, Montana Forensic Science Division and Idaho State Police conducted the investigation. PACER case reference. 24-19.

Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on July 16 was:

Kadin Hawkeye Lewis, 22, of Pray, on charges of possession of an unregistered destructive device. If convicted of the most serious crime, Lewis faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Lewis was detained pending further proceedings. The FBI and Park County Sheriff’s Office investigated the case. PACER case reference. 23-143.

Kristopher Mikal Wright, 36, of Cody, Wyoming, on charges of conspiracy to possess with intent to distribute controlled substances, possession with intent to distribute controlled substances, assault on a federal officer, possession of a firearm in furtherance of a drug trafficking crime and prohibited person in possession of a firearm and ammunition. If convicted of the most serous crime, Wright faces a mandatory minimum of 10 years to life in prison, a $10 million fine and five years of supervised release on the conspiracy charge and a mandatory minimum of five years to life in prison, consecutive to any other sentence, a $250,000 fine and five years of supervised release on the charge of possessing a firearm in a drug trafficking crime. Wright was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives, Montana Division of Criminal Investigation and Montana Highway Patrol investigated the case. PACER case reference. 24-93.

Jessie Craig Iverson, 37, of Billings, on charges of conspiracy to possess with intent to distribute and possession with intent to distribute meth and fentanyl and possession of a firearm in furtherance of a drug trafficking crime. If convicted of the most serious crime, Iverson faces a mandatory minimum of 10 years to life in prison, a $10 million fine and at least five years of supervised release on the drug charge and a mandatory minimum of five years to life in prison, consecutive to any other sentence, a $250,000 fine and five years of supervised release on the charge of possessing a firearm charge. Iverson was detained pending further proceedings. The Drug Enforcement Administration conducted the investigation. PACER case reference. 24-90.

Lindsey Whitewolf, 35, of Billings, on charges of conspiracy to possess with intent to distribute meth and possession with intent to distribute meth. If convicted of the most serious crime, Whitewolf faces a mandatory minimum of 10 years to life in prison, a $10 million fine and at least five years of supervised release. Whitewolf was detained pending further proceedings. The U.S. Postal Inspection and Eastern Montana High Intensity Drug Trafficking Area Task Force investigated the case. PACER case reference. 24-34.

Jacob Charles Berger, 27, of Billings, on charges of possession of a stolen firearm, possession of a firearm while under indictment and possession of an unregistered firearm. If convicted of the most serious crime, Berger faces a maximum of 10 years in prison, a $10,000 fine and three years of supervised release. Berger was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives and Billings Police Department investigated the case. PACER case reference. 24-82.

The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

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MISSOULA — A Whitefish physician accused in connection with alleged schemes to defraud government health programs admitted on Wednesday to falsely billing Medicare and other health programs in a telemedicine scheme that resulted in more than $39 million in false billing, the U.S. Attorney’s Office said today.

The defendant, Ronald David Dean, 64, had an initial appearance and pleaded guilty to an information filed on June 24 charging him with conspiracy to commit wire fraud. The charges are part of the Justice Department’s 2024 National Health Care Fraud Enforcement Action. Dean faces a maximum of 10 years in prison, a $1 million fine and three years of supervised release.

U.S. District Judge Dana L. Christensen presided. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing was set for Dec. 4. Dean’s release was continued pending further proceedings.

A plea agreement filed in the case calls for Dean to pay at least $780,509 restitution.

The government alleged in court documents that Dean, a licensed physician, was paid by a telemedicine company to sign orders for durable medical equipment that patients did not need.  Dean then fraudulently charged Medicare, CHAMPVA and the Railroad Retirement Board programs for telemedicine office visits that did not occur.  The telemedicine company also used Dean’s information to prescribe unneeded and unnecessary covid tests to patients.  The conspiracy ran from about January 2022 until July 2023. In total, Dean’s orders resulted in false billing to government health care programs of more than $39 million. 

The case was part of a strategically coordinated, two-week nationwide law enforcement action that resulted in criminal charges against 193 defendants for their alleged participation in health care fraud and opioid abuse schemes that resulted in the submission of over $2.75 billion in alleged false billings. The defendants allegedly defrauded programs entrusted for the care of the elderly and disabled to line their own pockets, and the Government, in connection with the enforcement action, seized over $231 million in cash, luxury vehicles, gold, and other assets.

The U.S. Attorney’s Office for the District of Montana worked with the Department’s Criminal Division and the following law enforcement organizations to investigate and prosecute the case filed during the enforcement period: the Department of Health and Human Services Office of Inspector General (HHS-OIG), Department of Veterans Affairs Office of Inspector General (VA-OIG), Railroad Retirement Board Office of Inspector General and FBI.

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BILLINGS — A Lame Deer man who admitted to assaulting women on the Crow and Northern Cheyenne Indian reservations and to illegally possessing a sawed-off shotgun in two separate cases was sentenced on Wednesday to 21 years in prison, to be followed by three years of supervised release, U.S. Attorney Jesse Laslovich said today.

Theo Summers Buffalo Bulltail, 41, pleaded guilty in February to assault resulting in serious bodily injury, assault with a weapon and assault resulting in substantial injury in one case. Buffalo Bulltail also pleaded guilty in August 2023 to prohibited person in possession of a firearm in a separate case.

U.S. District Judge Susan P. Watters presided.

“Buffalo Bulltail terrorized women on both the Crow and Northern Cheyenne Indian reservations through brutal assaults and torture. The injuries and trauma Buffalo Bulltail inflicted will likely follow the victims for the rest of their lives, but I hope that they can begin some measure of healing knowing that Buffalo Bulltail will be incarcerated for a long time. Additionally, Buffalo Bulltail, a felon with multiple convictions, was a danger to the public by illegally possessing guns. With today’s sentence, women and communities will be safe from Buffalo Bulltail,” U.S. Attorney Laslovich said.

The government alleged in court documents that in the assaults case, Buffalo Bulltail assaulted four women by abusing and torturing them in separate incidents on the Crow and Northern Cheyenne Indian reservations. In an assault in April 2022 involving a victim identified as Jane Doe 1, Buffalo Bulltail struck Doe 1 with various objects including an axe and his hands, breaking her nose and foot, and tortured her for days in a residence in Lame Deer, on the Northern Cheyenne Reservation. Doe 1 eventually escaped and flagged down a truck driver. In another assault in July 2022 involving a victim identified as Jane Doe 3, Buffalo Bulltail struck her in the arm with a large knife, causing swelling and bleeding, near Pryor, on the Crow Indian Reservation. Additionally, in March 2022, Buffalo Bulltail punched another victim, identified as Jane Doe 2, in the face twice, breaking her nose, for not giving him keys to a vehicle. Buffalo Bulltail previously drove Jane Doe 2 to a remote area on the Crow Reservation, strangled and threatened to kill her, and in another instance, threatened her with a gun. Finally, in July 2022, Buffalo Bulltail drove another victim, identified as Jane Doe 4, to Lodge Grass, on the Crow Reservation, and said he was going to rape her. He forced her to remove her clothes, pushed her out of the vehicle then yanked her back in by the hair. Doe 4 got dressed and got away when the vehicle got stuck in the mud. Buffalo Bulltail found her the next day and took her to a residence where he repeatedly assaulted her. Doe 4 escaped by running from the residence.

In the firearms case, law enforcement pulled over a vehicle Buffalo Bulltail was driving near Billings on Jan. 18, 2022. Buffalo Bulltail fled from the car but was caught and arrested. Officers found Buffalo Bulltail in possession of a sawed-off shotgun, .40-caliber ammunition, drug baggies and methamphetamine. Buffalo Bulltail had five previous felony convictions at the time and was prohibited from possessing firearms and ammunition.

The U.S. Attorney’s Office prosecuted the case. The Bureau of Alcohol, Tobacco, Firearms and Explosives, Montana Highway Patrol and Yellowstone County Sheriff’s Office conducted the firearms investigation. The FBI conducted the assaults investigation.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

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