District of Montana

GREAT FALLS  — The finance manager of William Tempel Construction in Great Falls was sentenced on April 12 to 14 months in prison, to be followed by three years of supervised released, for embezzling, as alleged by the government, more than $500,000 from a client who had hired the company to build her multi-million-dollar dream home, U.S. Attorney Leif M.  Johnson said.

Lynn Bapp Tempel, 60, pleaded guilty in October 2021 to wire fraud.

Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris also ordered restitution and set a subsequent hearing to determine the full amount. A plea agreement calls for Tempel to be responsible for complete restitution, which the government estimated is $519,524. Chief Judge Morris allowed Tempel to self-report to prison.

In court documents, the government alleged that Tempel managed the finances of William Tempel Construction, which the victim trusted, hired and paid $4.41 million to build a dream home. Instead, Lynn Tempel stole money from the victim from 2013 to 2016. When caught, Lynn Tempel did not admit her fraud, rather she falsified 153 subcontractor invoices to cover up her scheme. Lynn Tempel provided to the victim invoices in which she had fraudulently inflated the amount of payment required. Lynn Tempel also withdrew $566,848 in cash from the company’s business account during the period of the fraud. The government further alleged at sentencing that Lynn Tempel falsified IRS form 1099s for a family member, which underreported income for that family member by $399,525. Such an underreport then allowed the family member to illegally receive Medicaid.

Assistant U.S. Attorney Ryan G. Weldon prosecuted the case, which was investigated by the FBI and the Great Falls Police Department.

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GREAT FALLS — A Cascade woman suspected of fraudulently obtaining federal student financial aid by using the names of other individuals to enroll at the Great Falls College and then using those identities to receive financial aid appeared on April 12 on conspiracy, fraud and identity theft crimes, U.S. Attorney Leif M. Johnson said.

Ricci Lea Castellanos, 34, also of Redding, California, pleaded not guilty during an arraignment to a 14-count indictment charging her with conspiracy to commit wire fraud, wire fraud, aggravated identity theft and student financial aid fraud. If convicted of the most serious crime, Castellanos faces a maximum of 20 years in prison, a $250,000 fine and three years of supervised release on the conspiracy and wire fraud crimes and two years in prison in addition to punishment for underlying felony, a $250,000 fine and one year of supervised release on the aggravated identity theft crime.

U.S. Magistrate Judge John T. Johnston presided. Castellanos was released pending further proceedings.

The indictment alleges that between January 2016 and December 2019, Castellanos enrolled unwitting family members and others in online classes at the Great Falls College, Montana State University. When doing so, Castellanos and others applied for and received Federal Student Aid totaling approximately $126,219, none of which was allowed. The indictment further alleges that Castellanos and others fraudulently used and submitted multiple American Indian Tuition Waivers. To support such applications, Castellanos and others created and used false tribal enrollment forms from Native American Tribes, all of which were designed to result in larger student living expense refunds, and which were then diverted by Castellanos and others.

An indictment is merely an accusation, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Assistant U.S. Attorney Ryan G. Weldon is prosecuting the case, which was investigated by the Department of Education Office of Inspector General.

PACER case reference. 22-17.

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 in the community after law enforcement found more than three pounds of the drug and firearms at his residence was sentenced today to nine years and nine months in prison, to be followed by five years of supervised release, U.S. Attorney Leif M. Johnson said.

Anthony Ray Morgan, 32, pleaded guilty to possession with intent to distribute meth in October 2021.

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

In court documents, the government alleged that in 2019, law enforcement became aware of Morgan’s drug dealing and found a handgun and 15 grams of meth in a traffic stop of a vehicle driven by Morgan. In another traffic stop in September 2021 of a vehicle driven by Morgan, investigators found an ounce of meth, $950 in U.S. currency and a firearm on his person. Investigators executed a search warrant on the vehicle and found nearly one pound of meth and fentanyl pills. Law enforcement served a search warrant on Morgan’s residence and found a handgun that had a laser sight and loaded magazine, U.S. currency concealed in a soft body armor carrier, a rifle and approximately 3.75 pounds of meth, which is the equivalent of about 13,616 doses, in several plastic bags.

Assistant U.S. Attorney Colin M. Rubich prosecuted the case, which was investigated by the FBI’s Western Transnational Organized Crime Task Force and the Eastern Montana High Intensity Drug Trafficking Area Task Force.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.

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BILLINGS – The Department of Justice and U.S. Attorney’s Office for the District of Montana join survivors, advocates, and communities nationwide in April to observe Sexual Assault Awareness and Prevention Month. Sexual violence is far too prevalent, and it is important to not only to raise awareness of the myriad forms of sexual violence, but to engage in meaningful prevention efforts, take action to hold offenders accountable, and care for survivors in a trauma-informed manner.

U.S. Attorney Leif M. Johnson joins the Department of Justice and the Office on Violence Against Women (OVW) in applauding the recent passage of the Violence Against Women Reauthorization Act of 2022 (VAWA 2022), which treats sexual assault as the serious violation it is and creates new programs and initiatives that provide survivors of sexual violence with increased access to services and justice.

One such program is the Violence Against Women Tribal Special Assistant U.S. Attorney (SAUSA) program, which cross-designates tribal prosecutors as SAUSAs to support tribes and U.S. Attorneys’ Offices in investigating and prosecuting cases involving sexual assault, domestic and dating violence, stalking, and certain sex trafficking offenses. VAWA 2022 also expands outreach to survivors in underserved communities, including by improving access to sexual assault medical forensic examinations for survivors in rural areas, providing community-specific services for LGBT survivors, and restoring tribes’ jurisdiction to prosecute non-Indian perpetrators of sexual violence and sex trafficking, among certain other offenses committed on tribal lands.

“Sexual violence has no place in society, yet it is a real, horrible and under-reported crime, especially in our tribal communities. All individuals, women, men and children, deserve to be safe from violence, including sexual violence. This office will continue to seek justice for victims by prosecuting and holding offenders accountable and supports healing and recovery for survivors while strengthening prevention and education efforts,” U.S. Attorney Johnson said.

“During Sexual Assault Awareness and Prevention Month, and every month, OVW-funded programs across the nation provide essential services to survivors of sexual assault, responding to their needs, helping them heal, and supporting them as they pursue the justice they seek,” said OVW Principal Deputy Director Allison Randall. “The impact of sexual violence is felt by the entire community and can devastate survivors’ lives, which is why it is critical that VAWA 2022 strengthens not just services and justice interventions but also prevention.”  

According to the  CDC and Prevention 2015 National Intimate Partner and Sexual Violence Survey:

• 43.6% of women and 24.8% of men have experienced contact sexual violence,
• 21.3% of women and 2.6% of men reported being raped or subject to attempted rape in their lifetime,
• 37% of women and 17.9% of men have experienced unwanted sexual contact.

And according to the National Institute of Justice (NIJ) study on Violence Against American Indian and Alaska Native Women and Men, American Indian and Alaska Native (AI/AN) people face disproportionate levels of violence, including sexual assault. Approximately 56.1% of AI/AN women and 27.5% of AI/AN men report experiencing sexual violence in their lifetime, with many of these assaults at the hands of non-Indian perpetrators.

OVW funds resources in every jurisdiction, please see this website which lists OVW FY21 awards by state. In 2021, OVW awarded $7.1 million in grants to 11 organizations/resources in Montana for survivors of sexual assault.

OVW provides leadership in developing the nation’s capacity to reduce violence through the implementation of the Violence Against Women Act and subsequent legislation. Created in 1995, OVW administers financial and technical assistance to communities across the country that are developing programs, policies and practices aimed at ending domestic violence, dating violence, sexual assault and stalking. In addition to overseeing federal grant programs, OVW undertakes initiatives in response to special needs identified by communities facing acute challenges.

If you or someone you know is experiencing or has experienced sexual violence, you are not alone and there are many services available to help, including the Sexual Assault Hotline, 1-800-656-HOPE (4673), and the StrongHearts Native Helpline, 1-844-7NATIVE (762-8483).

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GREAT FALLS – A Great Falls woman who admitted to working with others to bring  approximately seven pounds of methamphetamine from Las Vegas, Nevada, back to Montana for distribution was sentenced today to 54 months in prison, to be followed by four years of supervised release, said U.S. Attorney Leif M. Johnson said.

Ashley Nicole Rico, 34, pleaded guilty in October 2021 to conspiracy to distribute methamphetamine.

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

The government alleged in court documents that Rico pooled money with co-defendants and traveled with them to Las Vegas, Nevada, to buy meth. Rico waited while co-defendants went to the source and purchased the meth and then traveled back to Montana with them. Law enforcement intervened before Rico received her portion of the meth. Law enforcement seized approximately seven pounds of meth. Officers ultimately stopped a vehicle being driven by co-defendant Lillian Lapier and found about 3.6 pounds of meth in the trunk. Law enforcement also executed a search warrant on the Helena residence of co-defendant, Rhonda Lapier, and located three, one-pound bags of meth and $6,132 in a bedroom. Officers stopped another suspect vehicle, driven by Rico, who was arrested on a state warrant. Rico admitted to distributing meth in Great Falls and that she and others had traveled to Las Vegas, picked up meth there and had contributed $1,000 to the deal. Seven pounds of meth is the equivalent of approximately 25,368 doses.

Assistant U.S. Attorney Ethan R. Plaut prosecuted the case, which was investigated by the Russell Country Drug Task Force, the Missouri River Drug Task Force, FBI, Great Falls Police Department, Cascade County Sheriff’s Office and Lewis & Clark County Sheriff’s Office.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.

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MISSOULA — A Butte woman accused of embezzling more than $600,000 from a woman who was under her guardianship and using the money to buy a house on Canyon Ferry, a vehicle and other items admitted to fraud charges today, U.S. Attorney Leif M. Johnson said.

Debra Gean Roeber, 66, pleaded guilty to wire fraud and to money laundering as charged in an information during an initial appearance hearing. Roeber faces a maximum of 20 years in prison, a $250,000 fine and three years of supervised release on the wire fraud count.

U.S. Magistrate Judge Kathleen L. DeSoto presided. A sentencing date was set for Aug. 10 before U.S. District Judge Dana L. Christensen. The court will determine a sentence after considering the U.S. Sentencing Guidelines and other sentencing factors. Roeber was released pending further proceedings.

The government alleged in court documents that Roeber was a guardian and had power of attorney for the victim, identified as Jane Doe, who was unable to care for herself or her financial needs without assistance because she was blind. Roeber served as a fiduciary for Jane Doe. From about January 2017 until June 2020, Roeber allegedly embezzled approximately $681,549 from Jane Doe. Bank records showed that Roeber used Jane Doe’s money to purchase a home and shop on Canyon Ferry, construction costs, vehicles, furniture and a pontoon boat, none of which was authorized. When interviewed by agents, Roeber admitted she took advantage of Jane Doe “a lot,” including lying to the victim about her finances, and that she stole from Jane Doe. Jane Doe is now deceased.

Assistant U.S. Attorney Ryan G. Weldon is prosecuting the case, which was investigated by the FBI and IRS Criminal Investigation.

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BILLINGS — A Billings man accused of trying to coerce and entice a girl he believed to be a minor into engaging in sexual activity during an undercover investigation admitted to charges on April 7, U.S. Attorney Leif M. Johnson said today.

Jason Robert Kroepelin, 32, pleaded guilty to attempted coercion and enticement. Kroepelin faces a mandatory minimum 10 years to life in prison, a $250,000 fine and five years to life of supervised release.

U.S. District Judge Susan P. Watters presided. Judge Watters set sentencing for Aug. 17. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other sentencing factors. Kroepelin was detained pending further proceedings.

In court documents, the government alleged that in late October 2021, Kroepelin posted an advertisement on the internet seeking a young female for sexual purpose. In response, an undercover FBI employee, using a fictitious persona, contacted Kroepelin about a young girl, also fictitious, who was available.

Kroepelin and the undercover employee exchanged messages, engaged in sexually explicit conversation about the fictitious girl and agreed to meet at a property in Billings. Kroepelin also contacted a social media account purportedly belonging to the fictitious girl and sent a picture of himself. On Oct. 28, Kroepelin was arrested when he arrived at an agreed upon location in Billings. Kroepelin had condoms and lubricant in his pocket and a cellular phone showing his communication with the undercover employee.

The U.S. Attorney’s Office is prosecuting the case, which was investigated by the FBI, Homeland Security Investigations, Billings Police Department, Yellowstone County Sheriff’s Office and the Eastern Montana High Intensity Drug Trafficking Area Task Force.

This case was initiated under the Department of Justice’s Project Safe Childhood initiative, which was launched in 2006 to combat the proliferation of technology-facilitated crimes involving the sexual exploitation of children. Through a network of federal, state and local law enforcement agencies and advocacy organizations, Project Safe Childhood attempts to protect children by investigating and prosecuting offenders involved in child sexual exploitation. It is implemented through partnerships including the Montana Internet Crimes Against Children Task Force. The ICAC Task Force Program was created to assist state and local law enforcement agencies by enhancing their investigative response to technology facilitated crimes against children.

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MISSOULA — The co-owner of H & H Earthworks, Inc., a Belgrade-based construction company that does commercial site-development work in four states, admitted to failing to pay the IRS approximately $2.8 million in employee and employer taxes, and instead, spent some of the money on personal expenses, including recreational and motorsport vehicles, U.S. Attorney Leif M. Johnson said today.

Melissa Lynne Horner, 42, of Bozeman, pleaded guilty on April 8 to one count of failure to truthfully account for and pay over withholding and F.I.C.A. taxes, a felony, and one count of failure to file employer’s quarterly return and pay tax, a misdemeanor, during an arraignment and plea change hearing.  Horner faces a maximum of five years in prison, a $250,000 fine and three years of supervised release on the felony charge. Horner was charged in a 34-count information.

A plea agreement reached by the parties calls for the government to seek the dismissal of 32 remaining counts and for Horner to be responsible for total restitution of $2,878,522 if the court accepts the agreement at sentencing.

U.S. Magistrate Judge Kathleen L. DeSoto presided. Sentencing was set for Aug. 10 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. Horner was released pending further proceedings.

“As the financial executive for Earthworks, Horner withheld nearly $3 million from employee wages to cover payroll, Medicare and Social Security taxes.  Rather than pay over those amounts to the IRS as required by law, Horner spent the money on personal expenses like motorcycles, a motor home, and home renovations.  As the deadline for filing tax returns approaches, the public should be aware that people like Horner who willfully violate the tax laws will be investigated and charged with felony tax crimes that can result in significant penalties including prison time, fines, and restitution,” U.S. Attorney Johnson said.

“Payroll tax evasion is not just a crime against the United States Government, but also a crime impacting the employees of Earthworks as it results in the reduction of their benefits.” said Andy Tsui, IRS Criminal Investigation Special Agent in Charge, Denver Field Office. “IRS Criminal Investigation will vigorously pursue anyone who collects these taxes and uses these funds for their own personal gain."

In court documents filed in the case, the government alleged that H & H Earthworks, Inc., is a Belgrade-based family business co-founded in 2004 by Horner, who is responsible for the financial portion of the business. Earthworks is a full-service commercial site-development firm whose projects include schools, shopping centers, hospitals and residential subdivisions in Montana, North Dakota, Wyoming and Idaho. The company employed between 20 and 60 employees during 2014 through 2019.

For approximately five years, beginning in March 2014 through 2019, Horner had Earthworks pay hundreds of thousands of dollars of expenditures for her personal benefit while, at the same time, it failed to pay over to the IRS payroll tax required to be withheld from Earthworks’ employees’ paychecks. Horner spent more than $100,000 to purchase and maintain personal motorsport vehicles, including dirt bikes and snowmobiles, $90,000 to a real estate title company in Bozeman, at least $50,000 on personal home renovations and $20,000 for a motorhome.

The government further alleged that Horner withdrew Federal Insurance Contribution Act (FICA) taxes from the wages paid to Earthworks employees and failed to pay over the trust fund taxes to the IRS. Horner also failed to pay over Earthworks’ portion of the FICA taxes (Social Security and Medicare taxes). In addition, Horner failed to file quarterly Forms 941, Employer’s Quarterly federal tax returns, prior to being notified of the criminal investigation. Horner subsequently filed the delinquent forms; however, she has not paid any of the outstanding tax liability for them. Horner knew she was required to account for and pay over the employment taxes and file the quarterly Forms 941 and willfully chose to violate this obligation.

Assistant U.S. Attorney Karla E. Painter is prosecuting the case, which was investigated by the IRS Criminal Investigation.

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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:

Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on April 7 was:

Kyle Jason Swindler, 41, of Billings, on charges of attempted coercion and enticement. If convicted of the most serious crime, Swindler faces a mandatory minimum 10 years to life in prison, a $250,000 fine and five years to life of supervised release. Swindler was detained pending further proceedings. The FBI investigated the case. PACER case reference. 22-27.

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 Butte man accused of strangling a woman on the Northern Cheyenne Indian Reservation admitted charges today, U.S. Attorney Leif M. Johnson said.

Isaiah Benjamin Antelope, 26, pleaded guilty to strangulation. Antelope 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. Sentencing was set for Aug. 17. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other sentencing factors. Antelope was detained pending further proceedings.

In court documents, the government alleged that in July 2020 the victim went to Antelope’s house in the Lame Deer area, on the Northern Cheyenne Indian Reservation, for Antelope’s help in fixing a flat tire on a car. After trying to fix the tire, Antelope and the victim went inside the house. The victim was scared because the two had argued the day before. The two exchanged words and then Antelope strangled the victim with his hands. Antelope had strangled the victim on other occasions and made her pass out or feel like she was going to pass out.

The U.S. Attorney’s Office is prosecuting the case, which was investigated by the FBI.

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GREAT FALLS  — A Poplar man who admitted to stabbing two individuals at a Wolf Point residence on the Fort Peck Indian Reservation was sentenced today to three years and two months in prison, to be followed by two years of supervised release, U.S. Attorney Leif M. Johnson said.

Dewayne C. Shoots, Jr., 29, pleaded guilty in December 2021 to an indictment charging him with two counts of assault resulting in serious bodily injury.

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

The government alleged in court documents that on March 5, 2020, a Wolf Point police officer responded to a report that Shoots had stabbed multiple victims at a residence. The officer saw a victim, identified as John Doe, outside of the residence and bleeding from multiple stab wounds. The second victim, identified as Jane Doe, was lying on the floor inside of the residence and suffering from multiple stab wounds. Both victims identified Shoots as having stabbed them. Both victims suffered serious injuries. Witnesses confirmed they saw Shoots stab both John Doe and Jane Doe. All of the individuals at the scene had been consuming alcohol.

Assistant U.S. Attorney Wendy A. Johnson prosecuted the case, which was investigated by the FBI, Wolf Point Police Department and Roosevelt County Sheriff’s Office.

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GREAT FALLS – A Box Elder man who admitted to assault charges for shooting a man in the back of the head with a shotgun in an attempt to kill him on the Rocky Boy’s Indian Reservation was sentenced today to 14 years and two months in prison, to be followed by three years of supervised release, U.S. Attorney Leif M. Johnson said.

Dakota Houle, 26, pleaded guilty in December 2021 to assault with intent to commit murder, assault with a dangerous weapon, assault resulting in serious bodily injury and use of a firearm during a crime of violence.

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

The government alleged in court documents that on March 17, 2019 in Box Elder, located on the Rocky Boy’s Indian Reservation, Houle, another male individual and two females were at a residence. The group lured the victim, identified as John Doe, to the residence using social media. Shortly after Doe arrived, Houle and the male individual attacked and beat Doe, and robbed him at gun point. They forced Doe to remove his shoes and told him they were going to take him into the mountains to kill him.

Doe was forced at gun point into the front-passenger seat of his own car, while Houle sat directly behind Doe in the rear-side passenger seat with a shotgun in hand. The two females were passengers. The male individual drove the car toward the mountains as Doe pleaded for his life. When the vehicle slowed for a cattle guard, Doe reached over and jerked the steering wheel, causing the car to go into a ditch. Doe jumped out and attempted to escape.  The male individual shouted at Houle that Doe was “getting away” and to “shoot” him. Houle shot Doe in the back of the head, intending to kill him. Believing Doe was dead, Houle and the others fled on foot. Doe suffered serious life-threatening injuries and has permanent damage as a result of the shooting.

Assistant U.S. Attorneys Jared C. Cobell and Lori Harper Suek prosecuted the case, which was investigated by the FBI and Chippewa Cree Law Enforcement Services.

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The U.S. Attorney’s Office announced that the following persons were arraigned or appeared during the week of March 28 through April 1 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:

Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on March 31 was:

Jayson Gayo, 27, of Harlowton, on charges of possession of child pornography. If convicted of the most serious crime, Gayo faces a maximum of 20 years in prison, a $250,000 fine and five years of supervised release. Gayo was released pending further proceedings. Homeland Security Investigations and the Montana Division of Criminal Investigation investigated the case. PACER case reference. 22-24.

Bruce Eugene Bittick, 44, a transient, on charges of bank fraud, wire fraud and aggravated identity theft. If convicted of the most serious crime, Bittick faces a maximum of 20 years in prison, a $250,000 fine and five years of supervised release on bank fraud and a mandatory minimum two years in prison consecutive to any other crime on aggravated identity theft. Bittick was detained pending further proceedings. The Billings Police Department investigated the case. PACER case reference. 22-14.

Appearing on March 28 was:

Dominique Kendall Brown, 28, of Billings, on charges of possession with intent to distribute controlled substances and possession of a firearm in furtherance of a drug trafficking crime. If convicted of the most serious crime, Brown faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. Brown was detained pending further proceedings. The FBI, Montana Highway Patrol, Fort Peck Police and Roosevelt County Sheriff’s Office investigated the case. PACER case reference. 22-19.

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

Krista Jean Vela, 38, of Bend, Oregon, on charges of conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute meth. If convicted of the most serious crime, Vela faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. Vela was detained pending further proceedings. Homeland Security Investigations, the Montana Highway Patrol and the Northwest Drug Task Force investigated the case. PACER case reference. 21-53.

Charles  Warren Campbell, 51, of Butte, on charges of conspiracy to possess with intent to distribute controlled substances, possession with intent to distribute controlled substances, possession of a firearm in furtherance of a drug trafficking crime, prohibited person in possession of a firearm, possession of a firearm with an obliterated serial number and possession of an unregistered firearm. If convicted  of the most serious crime, Campbell faces a mandatory minimum 10 years in prison consecutive to any other crime, a $250,000 fine and five years of supervised release on the crime of firearm in furtherance of drug trafficking. Campbell was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives, Drug Enforcement Administration, Montana Probation and Parole, and Butte Silver-Bow Law Enforcement Department investigated the case. PACER case reference. 22-09.

Ira Kyrk Westbrook, 46, of Billings, on charges of health care fraud, Social Security fraud and theft of government property. If convicted of the most serious crime, Westbrook faces a maximum of 10 years in prison,  $250,000 fine and three years of supervised release. Westbrook was detained pending further proceedings. The Social Security Administration, U.S. Department of Veterans Affairs, Montana Adult Protective Services and Bozeman Police Department investigated the case. PACER case reference. 22-14.

James Ryan Elverud, 33, of Butte, on charges of possession with intent to distribute methamphetamine. If convicted of the most serious crime, Elverud faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. Elverud was detained pending further proceedings. Homeland Security Investigations, the Lake County Sheriff’s Office, Flathead Tribal Police, Confederated Salish and Kootenai Tribes Tribal law enforcement and Montana Highway Patrol investigated the case. PACER case reference. 22-04.

Appearing on March 29 was:

Donaldo Perez Garcia, 28, of Mexico, on charges of illegal reentry. If convicted of the most serious crime, Garcia faces a maximum of two years in prison, a $250,000 fine and three years of supervised release. Garcia was detained pending further proceedings. Department of Homeland Security’s Enforcement and Removal Operations, Belgrade Police Department, Montana Highway Patrol and Gallatin County Sheriff’s Office investigated the case.  PACER case reference. 21-41.

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 was convicted by a jury of sexually abusing two children in the 1990s on the Northern Cheyenne and the Crow Indian reservations was sentenced today to 14 years in prison, to be followed by three years of supervised release, U.S. Attorney Leif M. Johnson said.

A federal jury in October 2021 found Donald Ray Gardner, 58, guilty on two counts of aggravated sexual abuse of a child and two counts of abusive sexual contact.

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

In court documents and in evidence presented at trial, the government alleged that Gardner sexually abused two young girls over multiple occasions. Gardner engaged in a sexual act and in sexual contact with a victim, identified as Jane Doe 1, in 1994 in Lame Deer, on the Northern Cheyenne Reservation. The government further alleged Gardner engaged in a sexual act and in sexual contact with another victim, identified as Jane Doe 2, in the Crow Agency area on the Crow Reservation in 1996 and in 1998. Both victims were under the age of 12 at the time.

Assistant U.S. Attorney Lori Harper Suek prosecuted the case, which was investigated by the FBI.

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MISSOULA  — A Bozeman-area man who admitted to dealing methamphetamine in the community was sentenced today to four years in prison, to be followed by five years of supervised release, U.S. Attorney Leif M. Johnson said.

Marty Eugene McDonald, 62, of Clyde Park, pleaded guilty in December 2021 to possession with intent to distribute meth.

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

The government alleged in court documents that in late 2020, the Missouri River Drug Task Force began an investigation into meth distribution by co-defendants Jared Williams and Max Stilson. The investigation led to McDonald and included three controlled purchases of meth from him. McDonald reported to law enforcement that he received about two pounds of meth from Williams over a six-month period and had been dealing meth for longer than he knew Williams. Williams was sentenced previously to eight years in prison for his conviction in case. An arrest warrant was issued for Stilson, who failed to appear for sentencing after conviction in the case. A third co-defendant, Arthur Kane, was sentenced previously to five years in prison for his conviction in the case.

Assistant U.S. Attorney Jennifer S. Clark prosecuted the case, which was investigated by the Missouri River Drug Task Force and the Montana Highway Patrol.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.

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MISSOULA  — A Missoula woman who admitted to trafficking methamphetamine and heroin in the community was sentenced today to four years in prison, to be followed by four years of supervised release, U.S. Attorney Leif M. Johnson said.

Sadie Marie Todd, 45, pleaded guilty in December 2021 to possession with intent to distribute meth and heroin.

U.S. District Judge Dana L. Christensen presided. Judge Christensen also ordered the forfeiture of $6,895 in U.S. currency.

The government alleged in court documents that on May 11, 2021, Missoula Police Department officers searched Todd’s residence pursuant to a state warrant. Officers recovered meth, heroin, and drug paraphernalia. Todd admitted during an interview that she had the drugs and paraphernalia in her residence.

Assistant U.S. Attorney Tara J. Elliott prosecuted the case, which was investigated by the Missoula High Intensity Drug Trafficking Area Task Force.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.

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GREAT FALLS  — A Conrad man who admitted to illegally possessing three firearms within one month of being on state probation for a felony conviction was sentenced today to 21 months in prison, to be followed by three years of supervised release, U.S. Attorney Leif M. Johnson said.

Jeremy John Walston, 36, pleaded guilty in November 2021 to felon in possession of a firearm.

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

In court documents filed in the case, the government alleged that within one month of starting Montana state probation for a felony conviction, Walston possessed three firearms, including an AR-15 style rifle with a high-capacity magazine, a shotgun and a pistol, along with more than 100 rounds of ammunition. Walston also admitted to having sold a second AR-15 rifle shortly before his arrest. Walston was convicted of a state felony drug crime and sentenced on July 6, 2020. On Aug. 6, 2020, after hearing reports of Walston possessing firearms, probation officers conducted a home check of Walston’s residence and found the three firearms in his bedroom. Walston stated he knew he could not have the firearms.

Assistant U.S. Attorney Ethan R. Plaut prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.

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GREAT FALLS  — A Browning man who admitted to having child pornography images and videos on his cellular phone was sentenced today to 38 months in prison, to be followed by five years of supervised release, U.S. Attorney Leif M. Johnson said.

Edward James Hovey, 30, pleaded guilty in November 2021 to possession of child pornography.

Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris also ordered $6,000 restitution.

The government alleged in court documents that in June 2021, a witness brought Hovey’s cellular phone to a Blackfeet Law Enforcement Services officer, said it contained images of nude children and showed the officer some of the files. The officer seized the phone, which was searched pursuant to a warrant. The phone contained images and videos of child pornography. At the time of the investigation, Hovey lived in Browning, located on the Blackfeet Indian Reservation. Hovey admitted in an interview that the phone belonged to him and that he had used it for the past few months to seek child pornography on the internet.

Assistant U.S. Attorney Cyndee L. Peterson prosecuted the case, which was investigated by the FBI and Blackfeet Law Enforcement Services.

This case was initiated under the Department of Justice’s Project Safe Childhood initiative, which was launched in 2006 to combat the proliferation of technology-facilitated crimes involving the sexual exploitation of children. Through a network of federal, state and local law enforcement agencies and advocacy organizations, Project Safe Childhood attempts to protect children by investigating and prosecuting offenders involved in child sexual exploitation.

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MISSOULA  — An Anaconda man was sentenced today to 10 years in prison, to be followed by 10 years of supervised release, after he admitted he tried to coerce a girl he believed to be a minor into engaging in sex during an undercover investigation, U.S. Attorney Leif M. Johnson said.

Terry Joseph Jette, 56, pleaded guilty in December 2021 to attempted coercion and enticement.

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

The government alleged in court documents that on June 21, 2021, Jette initiated a conversation through social media with a 13-year-old user girl who was actually an undercover FBI special agent. From the beginning, Jette was told the girl was 13 years old. Jette continued online communication with the girl until his arrest on July 9, 2021. During the communications, Jette sent the girl an image of his penis and requested nude images of the child. Jette initiated sexually explicit conversations, suggested a meeting and discussed bringing methamphetamine and condoms to the meeting. On July 8, Jette traveled from Anaconda to Missoula to meet the girl and asked her to sneak out of her house. When the girl was unable to meet that day, Jette suggested a meeting the next day in East Missoula. Jette made explicit statements about engaging in sexual intercourse and said he had meth. On July 9, Jette was arrested at the predetermined meeting location. During a search of his vehicle, law enforcement found a condom, meth, Viagra and candy for the girl.

Assistant U.S. Attorney Cyndee L. Peterson prosecuted the case, which was investigated by the FBI’s Child Exploitation and Human Trafficking Task Force, the Montana Internet Crimes Against Children Task Force and the Missoula County Sheriff’s Office.

This case was initiated under the Department of Justice’s Project Safe Childhood initiative, which was launched in 2006 to combat the proliferation of technology-facilitated crimes involving the sexual exploitation of children. Through a network of federal, state and local law enforcement agencies and advocacy organizations, Project Safe Childhood attempts to protect children by investigating and prosecuting offenders involved in child sexual exploitation. It is implemented through partnerships including the Montana Internet Crimes Against Children Task Force. The ICAC Task Force Program was created to assist state and local law enforcement agencies by enhancing their investigative response to technology facilitated crimes against children.

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MISSOULA  — A Missoula man convicted of trafficking methamphetamine in the community was sentenced today to six years in prison, to be followed by five years of supervised release, U.S. Attorney Leif M. Johnson said.

Leonard George Carleton, 58, pleaded guilty in December 2021 to possession with intent to distribute meth.

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

In court documents filed in the case, the government alleged that in May 2021, the Missoula County Sheriff’s Office supervised a controlled buy of approximately 53.6 grams of meth from Carleton. Later, on June 2, 2021, members of law enforcement searched Carleton’s shop and vehicle and recovered numerous guns, and over 2,800 grams, or approximately six pounds, of pure meth. Six pounds of meth is the equivalent of about 22,106 doses.

Assistant U.S. Attorney Tara J. Elliott prosecuted the case, which was investigated by the Missoula High Intensity Drug Trafficking Area Task Force.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.

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GREAT FALLS — A Mexican national today admitted to firearm and immigration crimes after an arrest in Glacier County in which law enforcement found a stolen firearm, ammunition, methamphetamine, fentanyl pills and counterfeit identification cards, U.S. Attorney Leif M. Johnson said.

Jesus Zamora-Cuevas, 23, from Mexico, pleaded guilty to prohibited person in possession of a firearm and ammunition and to illegal reentry. Zamora-Cuevas faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release on the firearm count.

Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris set sentencing for June 15. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Zamora-Cuevas was detained pending further proceedings.

In court documents, the government alleged that at 4:30 a.m. on Jan. 14, Blackfeet Law Enforcement Services officers responded to a report of a strange vehicle parked near a local resident’s driveway. The caller reported hearing what sounded like a gun being cocked when he approached the vehicle. Officers located the vehicle near the caller’s driveway. Zamora-Cuevas was the driver and there was one passenger. Officers removed both individuals from the vehicle and patted them down. Officers found approximately 32 grams of meth on Zamora-Cuevas.

Officers saw the butt of a pistol under the driver’s seat and removed it. The pistol, which had a round in the chamber and a partially loaded magazine, had been reported stolen in Washington. A search warrant was executed on the vehicle, and officers found a second firearm, a .410-gauge shotgun, in the trunk, a second loaded magazine for the pistol and numerous rounds of 9mm ammunition in a bag. In addition, officers found in the vehicle a locked box that contained thousands of fentanyl pills.

Officers also found on Zamora-Cuevas documents bearing his name and purporting to be a permanent resident card and a Social Security card. The identification number on the permanent  resident card was associated with a female, from Pakistan, who had become a U.S. citizen, while the number on the Social Security card was issued to an individual born in 1863. The investigation determined that Zamora-Cuevas was not a U.S. citizen and had unlawfully re-entered the United States after having been removed in 2017.

Assistant U.S. Attorney Ethan R. Plaut is prosecuting the case, which was investigated by the Homeland Security Investigations and Blackfeet Law Enforcement Services.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.

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MISSOULA  — A Kalispell man who admitted to trafficking heroin and to illegal possession a firearm and ammunition was sentenced today to five years in prison, to be followed by five years of supervised release, U.S. Attorney Leif M. Johnson said.

Joseph Daniel Fox, 29, pleaded guilty in December 2021, to possession with intent to distribute heroin and to prohibited person in possession of firearms and ammunition.

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

In court documents, the government alleged that the Flathead County Sheriff’s Office had several cases involving Fox in which information indicated he was distributing drugs in the Flathead Valley and possessed firearms. Law enforcement learned from several sources that they had purchased heroin from Fox in 2019 and 2020. A search warrant executed on Fox’s Facebook account provided numerous messages where Fox offered heroin for sale and discussed prices. In February 2019, a search warrant was executed on Fox’s residence as part of a burglary investigation. Officers located marijuana, a digital scale, two firearms, methamphetamine and jewel baggies. Fox admitted to using marijuana and to possessing the guns and meth in his residence.

Assistant U.S. Attorney Jennifer S. Clark prosecuted the case, which was investigated by the Flathead County Sheriff’s Office, Bureau of Alcohol, Tobacco, Firearms and Explosives and the FBI’s Montana Regional Violent Crime Task Force.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.

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GREAT FALLS  — A Fort Peck Indian Reservation man who admitted to aiding in attacking a man in the head with a bat was sentenced today to 54 months in prison, to be followed by three years of supervised release, U.S. Attorney Leif M. Johnson said.

Rick John Morales, Jr., 32, who resides in both Wolf Point and Poplar, pleaded guilty in November 2021 to assault resulting in serious bodily injury, aiding and abetting.

Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris also ordered $13,505 restitution to be joint and several with the codefendant.

In court documents filed in the case, the government alleged that Morales aided and abetted codefendant Harry B. Azure in assaulting the victim, identified as John Doe, on Nov. 19, 2019, in Wolf Point. John Doe called 911 for medical assistance and told a responding tribal officer that three individuals kicked in the door to his residence, struck him multiple times in the head with a small baseball bat and left. Doe ultimately was flown to a Billings hospital where staff determined the victim had a severe traumatic brain injury. The victim later told law enforcement that the assault occurred days after an incident involving Morales. Azure was sentenced previously to 32 months in prison for conviction in the case.

The U.S. Attorney’s Office, including Assistant U.S. Attorney Wendy Johnson, prosecuted the case, which was investigated by the FBI and Fort Peck Tribal Police.

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MISSOULA – A Trout Creek woman convicted of embezzling more than $650,000 while working for a Trout Creek company was sentenced today to four years in prison, to be followed by three years of supervised release, U.S. Attorney Leif M. Johnson said.

Tina Rae Wood, 49, pleaded guilty in November 2021 to wire fraud.

U.S. District Judge Donald W. Molloy presided. Judge Molloy also ordered $650,843 in restitution and allowed Wood to self-report to the Bureau of Prisons.

The government alleged in court documents that Wood was hired in 2013 by a supply company in Trout Creek as an office administrator and secretary. Wood eventually became in charge of depositing payments from customers and had access to the company’s accounting system. For almost five years, Wood used the accounting software to embezzle checks from one of the company’s biggest customers and deposited most of the stolen money into a personal bank account she opened in a bank in Thompson Falls. Wood blamed the company’s accounting software for her misdeeds, and she ordered deposit slips for her personal bank account that referenced the company name, likely to avoid scrutiny from bank personnel. In February 2019, when the company’s owner realized something was amiss, he contacted Wood. Wood refused to talk to the owner and cleaned out her desk the next weekend. An investigation found 109 customer checks, totaling about $650,843, that Wood had deposited into her own account.

Assistant U.S. Attorney Timothy J. Racicot prosecuted the case, which was investigated by the FBI.

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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:

Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on March 24 was:

Kyngsten Bargar, 29, of Billings, on charges of conspiracy to possess with intent to distribute fentanyl, possession with intent to distribute fentanyl and possession of a firearm in furtherance of drug trafficking. If convicted of the most serious crime, Bargar faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. Bargar was detained pending further proceedings. The FBI’s Western Transnational Organized Crime Task Force and the Eastern Montana High Intensity Drug Trafficking Area Task Force investigated the case. PACER case reference. 22-29.

Appearing on March 22 was:

Daniel Joseph Martz, 44, address unknown, on charges of prohibited person in possession of a firearm and ammunition. If convicted of the most serious crime, Martz faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Martz was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 22-18.

Joseph Wayne Cantrell, 28, of Billings, on charges of carjacking, possession of a firearm in furtherance of a crime of violence and prohibited person in possession of a firearm. If convicted of the most serous crime, Cantrell faces a mandatory minimum five years to life in prison, consecutive to any other punishment, a $250,000 fine and five years of supervised release on possession of a firearm in furtherance of a crime of violence, with a possible a mandatory minimum seven years to life in prison, consecutive to any other punishment, if found to have brandished a firearm. Cantrell was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 22-15.

Appearing on March 21 was:

Tyson Daniel Lingelbach, 36, of Billings, on charges of possession of an unregistered firearm. If convicted of the most serious crime, Lingelbach faces a maximum of 10 years in prison, a $10,000 fine and three years of supervised release. Lingelbach was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 21-115.

Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on March 22 was:

Heather Dawn Smith, also known as Heather Dawn Yellow Owl, 31, of Wolf Point, on charges of second degree murder. If convicted of the most serious crime, Smith faces a maximum of life in prison, a $250,000 fine and five years of supervised release. Smith was released pending further proceedings. The FBI and Fort Peck Tribes Criminal Investigation investigated the case. PACER case reference. 22-15.

Shelby Loves Him, 23, of Poplar, on charges of assault resulting in serious bodily injury and felony child abuse. If convicted of the most serious crime, Loves Him faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Loves Him was detained pending further proceedings. The FBI, Montana Highway Patrol and Fort Peck Tribes Police Department investigated the case.  PACER case reference. 22-20.

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 Hamilton man was sentenced today to 27 months in prison followed by three years of supervised release after he admitted to illegally possessing a firearm after being found passed out in the driver’s seat of a running vehicle that was stopped at an intersection in Missoula, U.S. Attorney Leif M. Johnson said.

Andrew David Golie, 35, pleaded guilty in December 2021 to prohibited person in possession of a firearm and ammunition.

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

The government alleged in court documents that in October 2020, Golie was on state probation for a 2012 felony conviction of tampering with witnesses and informants. On Oct. 1, 2020, at approximately 4 a.m., Missoula police officers found Golie passed out in the driver’s seat of a running car that was stopped at an intersection in Missoula. The officers smelled marijuana and saw an unholstered firearm on the passenger seat next to Golie. The firearm, a .45-caliber semi-automatic pistol, had a round loaded in the chamber and additional rounds of ammunition in the magazine. Officers also located two backpacks in the front passenger seat that contained methamphetamine and syringes.

Assistant U.S. Attorney Cyndee L. Peterson prosecuted the case, which was investigated by the FBI, FBI’s Montana Regional Violent Crime Task Force, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Missoula Police Department.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.

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GREAT FALLS – A Helena man who admitted lying in a scheme to receive more than $400,000 in Paycheck Protection Program (PPP) loans guaranteed by the Small Business Administration (SBA) for coronavirus relief aid and using the money instead for personal benefit was sentenced on March 23 to one year and one day in prison, to be followed by three years of supervised release, U.S. Attorney Leif M. Johnson said.

Kasey Jones Wilson, 29, pleaded guilty in November 2021 to bank fraud and to engaging in monetary transactions in property derived from specified unlawful activity.

Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris also ordered $125,000 restitution.

“Wilson tried to line his own pockets at the expense of small businesses that needed this federal aid to help make payroll and cover other expenses during a deadly pandemic. Such fraudsters will be fully investigated and prosecuted. I want to thank Assistant U.S. Attorney Colin M. Rubich, IRS Criminal Investigation, the FBI and all of our law enforcement partners for their work on this case,” U.S. Attorney Johnson said.

“This sentencing is a victory for American citizens and the business owners the Paycheck Protection Program was designed to help,” said Andy Tsui, IRS Criminal Investigation Special Agent in Charge. “Through our partnership with the U.S. Attorney’s Office and our federal law enforcement partners, IRS Criminal Investigation agents will continue to aggressively pursue individuals who try to exploit federal relief programs for their personal gain.”

In court documents, the government alleged that on June 28, 2020, Wilson applied to Valley Bank of Helena for a Paycheck Protection Program loan seeking $416,400 on behalf of Step Above Management LLC, an entity he and codefendant, Trevor Lanius-McLeod, controlled. The loan was granted, and funds were sent to an account that Wilson controlled. Lanius-McLeod has pleaded guilty to charges and is pending sentencing.

The PPP program, which is part of the federal Coronavirus Aid, Relief and Economic Security (CARES) Act, provided emergency assistance to small businesses for job retention and certain other expenses.

Wilson and Lanius-McLeod made numerous false statements on the PPP loan application. Without the false statements, Wilson and Lanius-McLeod would not have qualified for a PPP loan. The defendants falsely stated that Step Above Management had paid payroll taxes and had 34 employees. The company never paid payroll taxes and had no employees besides Wilson and Lanius-McLeod. Wilson also represented on the loan application that he had not been convicted of a felony within the last five years, when he had been convicted of a felony in 2016.

The government further alleged that in a promissory note, the defendants agreed to use the funds for business-related expenses. None of the loan money was used for these purposes. Instead, the proceeds were spent on various personal expenses. Most of the loan funds went to Lanius-McLeod. Wilson purchased several cashier’s checks from Valley Bank of Helena payable to Lanius-McLeod.

Assistant U.S. Attorney Colin M. Rubich prosecuted the case, which was investigated by the IRS-Criminal Investigation and FBI, with assistance from the U.S. Treasury Inspector General for Tax Administration and U.S. Secret Service.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

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BILLINGS — A Livingston man who admitted to possessing a stolen firearm after a traffic stop led to his arrest was sentenced today to two years in prison, to be followed by three years of supervised release, U.S. Attorney Leif M. Johnson said.

Orville James McIntire, 21, pleaded guilty in October 2021 to possession of a stolen firearm.

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

In court documents, the government alleged that on Jan. 31, 2020, a Park County Sheriff’s deputy made a traffic stop near Livingston of a Cadillac Deville that had been reported stolen. The deputy saw on the front passenger seat a firearm case that contained a Zastava M70 semi-automatic 9 mm pistol, with a loaded magazine and a round in the chamber. McIntire was in the rear passenger seat and the only other occupant of the vehicle. Officers obtained a search warrant for the vehicle. The driver told officers he had picked up McIntire from a residence so the two could go to Butte to get drugs. The driver further said McIntire entered the vehicle with a backpack and the gun case and sat in the front seat. When law enforcement began following the vehicle, McIntire became nervous, jumped in the back seat and told the driver to stop so he could run from the car. Investigators learned from an individual that McIntire had stolen his Zastava 9mm semi-automatic pistol in January 2020.

Assistant U.S. Attorney Karla E. Painter prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Missouri River Drug Task Force and the Livingston Police Department.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.

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BILLINGS — A Billings woman accused of possessing multiple drugs, including methamphetamine and more than 9,000 fentanyl pills, for distribution admitted to a trafficking crime today, U.S. Attorney Leif M. Johnson said.

Elizabeth Ardelle Grace Ronshaugen, 29, pleaded guilty to possession with intent to distribute controlled substances. Ronshaugen faces a mandatory minimum 10 years to life in prison, a $10 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 Dana L. Christensen. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Ronshaugen was detained pending further proceedings.

In court documents, the government alleged that law enforcement began an investigation into Ronshaugen and co-defendant Eric Charles Swan in 2021 after receiving information of possible drug trafficking. In November, agents observed that Swan was traveling to Denver and returning to Montana. Law enforcement pulled over Swan and Ronshaugen near Buffalo, Wyoming. Ronshaugen was found to have several fentanyl pills hidden in her clothing and approximately 52 additional fentanyl pills were located in a plastic zip lock bag on her person.  During a search of the vehicle, Wyoming law enforcement located approximately 9,616 fentanyl pills, approximately 466 grams, or a little more than one pound, of heroin, 103 grams of meth, a gram of cocaine, 14 Dialudid pills and $9,775 in U.S. currency. Swan has pleaded guilty to charges and is pending sentencing.

Assistant U.S. Attorney Thomas K. Godfrey is prosecuting the case. The Eastern Montana High Intensity Drug Trafficking Area Task Force investigated the case.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.

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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:

Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on March 17 was:

Stephanie Lynn Thomason, 51, of Seaback, Washington, on charges of conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute meth. If convicted of the most serious crime, Thomason faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. Thomason was released pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 22-13.

Sean James Sage, 40, of Billings, on charges of wire fraud, bank fraud and aggravated identity theft. If convicted of the most serious crime, Sage faces a maximum of 30 years in prison, a $250,000 fine and five years of supervised release on the bank fraud crime and a mandatory minimum two years in prison consecutive to any other punishment, a $250,000 fine and one year of supervised release on the aggravated identity theft crime. Sage was detained pending further proceedings. The Billings Police Department and Homeland Security Investigations investigated the case.  PACER case reference. 21-88.

Appearing on March 15 was:

Jacob B Ramirez, 40, of Reed Point, on charges of attempted coercion and enticement. If convicted of the most serious crime, Ramirez faces a mandatory minimum 10 years in prison, a $250,000 fine and at least five years to life of supervised release. Ramirez was detained pending further proceedings. The FBI investigated the case. PACER case reference. 22-25.

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 dealing methamphetamine from a motel room and to possessing firearms for protection was sentenced on March 16 to 10 years in prison to be followed by five years of supervised release, U.S. Attorney Leif M. Johnson said.

Eric Kendrick Buchanan, 44, of Billings, pleaded guilty in September 2021 to conspiracy to possess with intent to distribute meth.

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

The government alleged in court documents that in 2020, law enforcement learned that Buchanan was selling meth, often from a motel room in Billings, and that he carried a firearm. Agents arranged purchases of meth from Buchanan and also conducted several traffic stops of him. During a stop in October 2020, Buchanan possessed a 9mm firearm, a meth pipe and marijuana. Buchanan told officers he traded meth for the gun. In a November 2020 traffic stop of Buchanan, officers found two 9mm handguns. Buchanan told officers he had obtained the handguns and four ounces of meth to sell from an individual and had the guns for protection. In a December 2020 traffic stop, law enforcement found a 9mm pistol, ammunition and approximately $3,000 in cash. Buchanan told officers he was on his way to buy a pound of meth with the cash. When Buchanan was arrested in February 2021 on the indictment, he had $9,300 cash, which he explained was to pay for a pound of meth he had received the previous week.

Assistant U.S. Attorney Julie R. Patten prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.

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MISSOULA —A Pablo man who admitted to trafficking methamphetamine and heroin in the Lake County community was sentenced today to six years and six months in prison, to be followed by five years of supervised release, U.S. Attorney Leif M. Johnson said.

Keith Charles Baylor, 35, pleaded guilty in November 2021 to possession with intent to distribute methamphetamine and heroin.

U.S. District Judge Donald W. Molloy presided.

In court documents filed in the case, the government alleged that in May 2021, Lake County Sheriff’s Office and Flathead Tribal Police officers were on routine patrol when they made a traffic stop of Baylor when he failed to signal. Officers determined that Baylor was on state probation, which had a pick-up order for him, and also had an active tribal arrest warrant. Baylor was arrested and during a search of the vehicle, law enforcement found gram quantities of meth and heroin along with drug paraphernalia. A search of a cell phone found in the vehicle indicated that Baylor was involved in drug distribution. Baylor told officers he had made several trips to Spokane to transport drugs and had been working with larger drug dealers in Billings.  

Assistant U.S. Attorney Jennifer S. Clark prosecuted the case, which was investigated by the Lake County Sheriff’s Office, Flathead Tribal Police and Homeland Security Investigations.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.

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BILLINGS — A Billings woman accused of stealing money from an elderly resident while employed at a Billings nursing home today admitted to fraud and identity theft charges, U.S. Attorney Leif M. Johnson said.

Elizabeth Marie Stephenson, 36, pleaded guilty to wire fraud, bank fraud and aggravated identity theft. Stephenson faces a maximum of 30 years in prison, a $1 million fine and five years of supervised release on the bank fraud crime and a mandatory minimum two years in prison, consecutive to any other punishment, a $250,000 fine and one year of supervised release on the aggravated identity theft crime.

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 July 27. Stephenson was released pending further proceedings.

The government alleged in court documents that in August 2020, the Billings Police Department responded to a report of ongoing theft involving an older resident at Eagle Cliff Manor, a nursing home in Billings. The nephew of and power of attorney for the victim, identified as John Doe, 96, noticed more than $11,000 was missing from Doe’s checking account, with multiple $700 withdrawals made between July and August at Wells Fargo ATMs. Additionally, a debit card was used to purchase credit on a Telmate Inmate Service account at a detention facility. Doe did not realize he was missing money from his account until someone told him. An investigation identified Stephenson, an employee, as the suspect. Stephenson had a boyfriend who was in custody and had an active Telemate account in Idaho. 

The government further alleged that Eagle Cliff Manor terminated Stephenson’s employment after discovering her name on a credit card application on Doe’s Wells Fargo account.  A statement for the card reflected a $3,500 payment to a criminal defense law firm in California and a $106 charge to Telemate. A receipt from the law firm indicated that Stephenson represented that she was owner of the card and provided a Billings address. Investigators also noted the first unauthorized transaction on Doe’s checking account was at Walmart on July 24, 2020 and that, in total over the next month, more than $17,000 was taken from the account, including withdrawals of $700 nearly every day.

Stephenson admitted to an investigator that she worked with Doe and was dating the individual incarcerated in Idaho but denied the thefts. Stephenson, after being confronted with the evidence, told investigators that Doe gave her his debit card and PIN and asked her to get him a six pack of beer. Stephenson went to Walmart, bought the beer and took out money for herself. Stephenson then continued to withdraw cash for her own expenses. She also admitted to transferring Doe’s funds to the Telemate account. Stephenson claimed Doe provided consent but acknowledged he did not have the capacity to authorize her taking his money.

Assistant U.S. Attorney Karla E. Painter is prosecuting the case, which was investigated by the Billings Police Department and the United States Secret Service.

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GREAT FALLS — A Fort Kipp woman suspected in the death of a man hit by a vehicle on the Fort Peck Indian Reservation was arraigned on March 15 on an indictment, U.S. Attorney Leif M. Johnson said.

Jo Anne Sayetsitty, 34, pleaded not guilty to one count of voluntary manslaughter. If convicted of the most serious crime, Sayetsitty faces a maximum of 15 years in prison, a $$250,000 fine and three years of supervised release.

U.S. Magistrate Judge John T. Johnston presided. Sayetsitty was released pending further proceedings.

The indictment alleges that on Aug. 22, 2019 near Fort Kipp, on the Fort Peck Indian Reservation, Sayetsitty, upon a sudden quarrel or heat of passion, with extreme disregard for human life, recklessly and unlawfully killed the victim, identified as John Doe, by striking him and running over him with her vehicle.

The indictment is merely an accusation, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Assistant U.S. Attorneys Jared C. Cobell and Wendy A. Johnson are prosecuting the case, which was investigated by the FBI and Fort Peck Tribal Law Enforcement.

PACER case reference. 22-10.

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 in the community after law enforcement found almost one pound of meth and a loaded firearm in his vehicle was sentenced today to 15 years and eight months in prison to be followed by five years of supervised release, U.S. Attorney Leif M. Johnson said.

Joel Zamora, 41, pleaded guilty in August 2021 to possession with intent to distribute meth.

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

In court documents filed in the case, the government alleged that Zamora was repeatedly caught with large quantities of meth he intended to distribute. In November 2020, law enforcement investigating Zamora suspected he had a drug supplier in Butte and conducted a traffic stop of his vehicle on Interstate 90. A search of the vehicle pursuant to a warrant found a loaded handgun under the driver’s seat, a bag containing about 400 grams, which is slightly less than one pound, of meth in a metal box on the front passenger floorboard and $3,500 cash.

Assistant U.S. Attorney Colin M. Rubich prosecuted the case, which was investigated by the FBI’s Western Transnational Organized Crime Task Force and the Eastern Montana High Intensity Drug Trafficking Area Task Force.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.

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BILLINGS — A Billings man accused of possessing multiple drugs, including methamphetamine and more than 9,000 fentanyl pills, for distribution admitted to a trafficking crime today, U.S. Attorney Leif M. Johnson said.

Eric Charles Swan, 44, pleaded guilty to possession with intent to distribute controlled substances. Swan faces a mandatory minimum 10 years to life in prison, a $10 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 Dana L. Christensen. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Swan was detained pending further proceedings.

In court documents, the government alleged that law enforcement began an investigation into Swan and co-defendant Elizabeth Ronshaugen in 2021 after receiving information of possible drug trafficking. In November, agents observed that Swan was traveling to Denver and returning to Montana. Law enforcement pulled over Swan and Ronshaugen near Buffalo, Wyoming, and Swan was found to have several fentanyl pills in the pocket of his clothing. During a search of the vehicle, Wyoming law enforcement located approximately  9,616 fentanyl pills, approximately 466 grams, or a little more than one pound, of heroin, 103 grams of meth, a gram of cocaine, 14 Dialudid pills and $9,775 in U.S. currency. Ronshaugen has pleaded not guilty to charges.

Assistant U.S. Attorney Thomas K. Godfrey is prosecuting the case, which was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.

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GREAT FALLS — A Great Falls woman today admitted allegations that she stole more than $600,000 from a construction company when she was employed as its bookkeeper, U.S. Attorney Leif M. Johnson said.

Nicole Ann Lopez, 37, pleaded guilty to wire fraud. Lopez 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. Chief Judge Morris set sentencing for June 9. Lopez was released pending further proceedings.

The government alleged in court documents that in 2013, M&D Construction, Inc., a Great Falls company, hired Lopez as its bookkeeper. Lopez was given access to the company’s business enterprise bank account. Between 2017 and 2020, Lopez charged more than $600,000 on her personal credit card accounts for mostly consumer shopping and travel. To pay her personal credit card expenses, Lopez directed approximately $611,000 in 72 payments from M&D’s business account into her personal accounts without the company’s authorization. Lopez’s embezzlement scheme was discovered when she purchased a small boutique clothing store, called Sora & Co., in downtown Great Falls, and resigned from M&D. A new accountant hired to replace Lopez reviewed the books and determined that more than $600,000 was missing.

Assistant U.S. Attorney Jeffrey K. Starnes is prosecuting the case, which was investigated by the FBI.

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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:

Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on March 11 was:

Nathan Francis Stops, 41, of Lame Deer, on charges of sexual abuse of a minor. If convicted of the most serious crime, Stops faces a maximum of 15 years in prison, a $250,000 fine and a mandatory minimum of five years to life of supervised release. Stops was detained pending further proceedings. The FBI and Bureau of Indian Affairs investigated the case. PACER case reference. 22-26.

Appearing on March 10 was:

David Benjamin Wick, Sr., 41, of Lame Deer, on charges of sexual abuse of a minor. If convicted of the most serious crime, Wick faces a maximum of 15 years in prison, a $250,000 fine and a mandatory minimum of five years to life of supervised release. Wick was detained pending further proceedings. The FBI and Bureau of Indian Affairs investigated the case. PACER case reference. 22-28.

Appearing on March 7 was:

River Gene Fortney, 22, of Livingston, on charges of conspiracy to possess methamphetamine with intent to distribute and possession with intent to distribute meth. If convicted of the most serious crime, Fortney faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. Fortney was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 22-13.

Christopher Lee Widner, 29, of Billings, on charges of prohibited person in possession of a firearm. If convicted of the most serious crime, Widner faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Widner was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 22-21.

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 Whitehall man, a convicted felon who was on state supervision, was sentenced today to 20 months in prison to be followed by three years of supervised release for illegally possessing three firearms and ammunition, U.S. Attorney Leif M. Johnson said.

Shane William Driscoll, 36, pleaded guilty in November 2021 to prohibited person in possession of a firearm.

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

In court documents in the case, the government alleged that in March 2021, Driscoll, a convicted felon on state supervision, possessed a semi-automatic 9mm pistol, a .25-caliber semi-automatic pistol, ammunition, a bag with marijuana and drug paraphernalia in his truck during a traffic stop in Whitehall. Driscoll also possessed a .243-caliber rifle with ammunition, methamphetamine and drug paraphernalia in a subsequent search of his trailer. All evidence was found during probation searches. In 2019, Driscoll was sentenced in state District Court for a felony drug conviction and was prohibited from possessing firearms.

The U.S. Attorney’s Office prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Jefferson County Sheriff’s Office and Montana Probation and Parole.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.

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GREAT FALLS — A Box Elder man accused of trafficking both methamphetamine and fentanyl pills on and around the Rocky Boy’s Indian Reservation admitted to a drug crime today, U.S. Attorney Leif M. Johnson said.

Michael James Lamere, 39, pleaded guilty to possession with intent to distribute controlled substances. Lamere faces a mandatory minimum of 10 years in prison, a $10 million fine and at least five years of supervised release.

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

The government alleged in court documents that in late 2020 and early 2021, investigators received reports that Lamere was obtaining meth and other drugs in Washington and distributing them on and around the Rocky Boy’s Indian Reservation. In August 2021, law enforcement stopped in Hill County a vehicle in which Lamere was the only passenger and had an active arrest warrant.  Based on the investigation and observations during the stop, officers suspected drugs were in the vehicle, had the vehicle towed and searched pursuant to a warrant. Law enforcement found meth, heroin and 369 pills that appeared to be fentanyl. One of the pills was tested and found to contain fentanyl. Lamere admitted in an interview to trafficking both meth and fentanyl and identified himself as one of the larger drug distributors in that area.

Assistant U.S. Attorney Ethan R. Plaut is prosecuting the case, which was investigated by the FBI, Tri-Agency Task Force and Hill County Sheriff’s Office.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.

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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:

Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on March 1 was:

Leslie Patricia Rivera, 51, and Miguel Angel Medina, 61, both of the Seattle, Washington, area, on charges of conspiracy to transport and transportation of illegal aliens. If convicted of the most serious crime, the defendants face a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Both defendants were released pending further proceedings. The U.S. Border Patrol investigated the case. PACER case reference. 22-13.

Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on March 1 was:

Winchester Glen Wiseman, 41, of Helena, on charges of possession with intent to distribute controlled substances, distribution of methamphetamine, possession of a firearm in furtherance of a drug trafficking crime and felon in possession of a firearm. If convicted of the most serious crime, Wiseman faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release on the possession with intent to distribute crime and a mandatory minimum five years in prison consecutive any other sentence, a $250,000 fine and three years of supervised release on the possession of firearm in furtherance of drug trafficking crime. Wiseman was detained pending further proceedings. The FBI, Great Falls Police Department, Cascade County Sheriff’s Office and Missoula Police Department investigated the case. PACER case reference. 22-13.

Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on March 4 was:

Jesse Michael Montagna, also known as Jeffery M. Rothenberg, 55, of Billings, on charges of wire fraud, bank fraud and aggravated identity theft. If convicted of the most serious crime, Montagna faces a maximum of 30 years in prison, a $250,000 fine and five years in prison on the bank fraud crime and a mandatory minimum two years in prison consecutive to any other sentence, a $250,000 fine and one year of supervised release on the identity theft crime. Montagna was detained pending further proceedings. The Homeland Security Investigations and Billings Police Department investigated the case. PACER case reference. 22-19.

Appearing on March 1 was:

Ross James Thomas, 35, of Big Timber, on charges of unlawful possession of a machine gun and possession of an unregistered firearm. If convicted of the most serious crime, Thomas faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Thomas was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 21-89.

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 man who admitted to defrauding a Montana investor of $2.3 million by falsely claiming to be a former Force Recon Marine and CIA operative who needed funds to run fake CIA rescue missions in foreign countries but instead used the money for personal gain was sentenced today to six years in prison, followed by three years of supervised release, U.S. Attorney Leif M. Johnson said.

Matthew Anthony Marshall, 51, pleaded guilty in November 2021 to wire fraud, money laundering and tax evasion.

U.S. District Judge Donald W. Molloy presided. Judge Molloy also ordered a total of $3,254,327 restitution, with $2,355,000 to be paid to the victim, identified as John Doe, and $899,327 to be paid to the IRS. Judge Molloy accepted a plea agreement in the case and dismissed eight other counts. Marshall was allowed to self-surrender to the Bureau of Prisons.

“Marshall promoted a fantasy world filled with fake missions carried out by fictitious operatives for clandestine agencies in faraway lands for phony purposes.  It was all fake, but unfortunately it was paid for with real money from a real victim.  And the money never went anywhere except to Marshall’s personal accounts,” U.S. Attorney Johnson said. “The lengths to which Marshall went to carry off this fraud can hardly be overstated.  He used a phone application to send fake text messages; he created false emails; he sent the victim prayer beads collected during a fake mission; and he got a tattoo to falsely signify that he was a member of ‘Force Recon,’ etc.  The list goes on.  I want to thank Assistant U.S. Attorneys Tim Racicot and Ryan Weldon, Trial Attorney S. Derek Shugert, National Security Division, U.S. Department of Justice, and the federal agents who poured countless hours into uncovering this scheme and bringing Marshall to justice,” U.S. Attorney Johnson added.

“Mr. Marshall devised an elaborate scheme layered in lies to defraud the victim,” said Special Agent in Charge Dennis Rice of the Salt Lake City FBI. “Like most fraud cases, Mr. Marshall’s motive was simply greed. The FBI's Salt Lake City Field Office would like to acknowledge the many special agents across the country, the intelligence community, and witnesses, who worked together to hold this accomplished fraudster and manipulator accountable and seek justice for the victim.”

“Tax evasion and fraud of this magnitude and with this degree of dishonesty and deceit, deserves to be punished. I applaud the investigative efforts of our agents and federal law enforcement partners in uncovering this elaborate scheme and bringing Mr. Marshall to justice,” said Andy Tsui, IRS Criminal Investigation Special Agent in Charge, Denver Field Office. “Today’s sentencing serves as a reminder to others that operating outside of the law and failing to pay taxes on income gained through legal or illegal means has severe consequences.”

In court documents, the government alleged that in Spring 2013, Marshall began working for John Doe. In a scheme that involved numerous lies, fake emails and phony texts, Marshall convinced John Doe that he was a former CIA operative and a former member of an elite Force Reconnaissance unit in the U.S. Marine Corps who had engaged in covert missions around the world.

Marshall asked John Doe if he would fund “off the books” CIA-backed rescue missions, which Marshall said would involve assault teams he would lead in foreign countries. Based on Marshall’s false representations, John Doe wired Marshall a series of payments, totaling about $2,355,000, from 2013 to 2016, all under the guise of funding five missions for the CIA as described by Marshall.

As part of the scheme, Marshall forwarded John Doe fake text messages, allegedly from Cofer Black, a former CIA officer who was the director of the CIA Counterterrorist Center, lauding his success. To further the myth that he worked for the CIA under Cofer Black, Marshall obtained fake phone numbers using a phone application, called Burner, and logged two numbers with Virginia area codes into his account as being affiliated with Cofer Black. He then sent himself fake messages, purportedly from Cofer Black. Cofer Black has never been associated with either Virginia number Marshall used with the Burner app and does not know Marshall.

In fact, Marshall was never affiliated with the CIA in any capacity and never served in an elite Force Reconnaissance unit in the Marine Corps. Marshall received an Other Than Honorable discharge from the Marine Corps Reserve in November 1999.

Marshall did not use John Doe’s money for any missions. Rather, Marshall spent the money on personal expenses and loans and gifts to friends and family members. Marshall also failed to report money received from John Doe in 2013 for two purported missions as income on his tax return, resulting in a tax evasion of $356,756.

Assistant U.S. Attorneys Timothy J. Racicot and Ryan G. Weldon and Trial Attorney S. Derek Shugert, National Security Division, U.S. Department of Justice, prosecuted the case, which was investigated by the IRS Criminal Investigation and FBI.

Note: Click to view 

PACER case reference. 20-32

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GREAT FALLS — A Great Falls woman who admitted to a fraudulent check scheme in which she used fake identifications and stolen checks to buy merchandise in the community was sentenced today to 26 months in prison to be followed by three years of supervised release, U.S. Attorney Leif M. Johnson said.

Rachel Sheree Abbott, 34, pleaded guilty in October 2021 to wire fraud and aggravated identity theft.

Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris also ordered $23,309 restitution.

In court documents, the government alleged that in 2019 and 2020, Abbott became involved in a fraudulent check scheme where she used fake identification cards, stolen checks and check printing software and materials to create new checks with valid account numbers.
Another individual would make for Abbott fake identification cards that contained a real identity with Abbott’s picture. Abbott also received stolen checks from others and would put this real identity on the stolen checks in conjunction with the real account number. Abbott then used the fake identification card and altered checks to spend approximately $25,000 at businesses in the Great Falls community.

Assistant U.S. Attorneys Jessica A. Betley and Jeffrey K. Starnes prosecuted the case, which was investigated by the FBI and Great Falls Police Department.

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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:

Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Feb. 24 was:

Aimee Jeanette Bartlette, 40, of Livingston, on charges of conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute meth. If convicted of the most serious crime, Bartlette faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. Bartlette was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 22-13.

Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on Feb. 25 was:

Michael Kullberg, 40, of Kalispell, on charges of theft of mail, conspiracy to commit wire fraud, and aggravated identity theft. If convicted of the most serious crime, Kullberg faces a maximum of 20 years in prison, a $250,000 fine and three years of supervised release on the fraud counts and a mandatory minimum two years in prison consecutive to any other sentence, a $250,000 fine and one year of supervised release on the identity theft count. Kullberg was detained pending further proceedings. The Kalispell Police Department, Eureka Police Department, Lincoln County Sheriff’s Office and U.S. Postal Service Office of Inspector General investigated the case. PACER case reference. 22-09.

Appearing on Feb. 23 was:

Aric Collin Normile, 41, of Belgrade, on charges of attempted coercion and enticement of a minor. If convicted of the most serious crime, Normile faces a mandatory minimum 10 years to life in prison, a $250,000 fine and five years to life of supervised release. Normile was detained pending further proceedings. The FBI, Montana Division of Criminal Investigation, Montana Internet Crimes Against Children Task Force and FBI’s Child Exploitation and Human Trafficking Task Force. PACER case reference. 22-08.

Appearing on Feb. 22 was:

Michael Russell Torres, 29, of Billings, on charges of prohibited person in possession of firearm. If convicted of the most serious crime, Torres faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Torres was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Missoula Police Department investigated the case. PACER case reference. 22-07.

Jennifer Don Smith, 37, of Kalispell, on charges of conspiracy to commit wire fraud, wire fraud and aggravated identity theft. If convicted of the most serious crime, Smith faces a maximum of 20 years in prison, a $250,000 fine and three years of supervised release on the conspiracy and fraud counts and a mandatory two years in prison consecutive to any other sentence, a $250,000 fine and one year of supervised release on the aggravated identity theft count. Smith was released pending further proceedings. The Eureka Police Department, Lincoln County Sheriff’s Office, Kalispell Police Department and U.S. Postal Service Office of Inspector General investigated the case. PACER case reference. 22-9.

Nicole Lynn Zinda, 37, of Butte, on charges of unlawfully obtaining a controlled substance. If convicted of the most serious crime, Zinda faces a maximum of four years in prison, a $250,000 fine and three years of supervised release. Zinda was released pending further proceedings. The Drug Enforcement Administration, Montana Division of Criminal Investigation and St. James Hospital investigated the case. PACER case reference. 22-4.

Virginia Kathleen Pearson, 55, of Phillipsburg, on charges of health care fraud, theft of government money, false statements to government agency and Social Security fraud. If convicted of the most serious crime, Pearson faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Pearson was released pending further proceedings. The Social Security Administration and Montana Department of Public Health and Human Services investigated the case. PACER case reference. 22-8.

Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Feb. 22 was:

James Earl Derbyshire, 41, of Stockett, on charges of prohibited person in possession of a firearm and ammunition. If convicted of the most serious crime, Derbyshire faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Derbyshire was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives and Great Falls Police Department investigated the case. PACER case reference. 22-2.

Eric Guy Boucher, 42, a transient, on charges of possession with intent to distribute meth and drug user in possession of a firearm. If convicted of the most serious crime, Boucher faces a mandatory minimum five years to 40 years in prison, a $5 million fine and at least four years of supervised release. Boucher was detained pending further proceedings. The FBI, Russell Country Drug Task Force and Great Falls Police Department investigated the case. PACER case reference. 22-8.

Jamie Marie Lonefight, 65, of Plentywood, on charges of possession with intent to distribute meth. If convicted of the most serious crime, Lonefight faces a mandatory minimum five years to 40 years in prison, a $5 million fine and at least four years of supervised release. Lonefight was released pending further proceedings. The Drug Enforcement Administration investigated the case.  PACER case reference. 21-68.

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 Great Falls man who admitted to distributing methamphetamine and fentanyl to a person who died of an overdose was sentenced today to 14 years in prison to be followed by three years of supervised release, U.S. Attorney Leif M. Johnson said.

Kent Fox, 48, pleaded guilty in October 2021 to distribution of controlled substances resulting in death.

Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris also ordered $815 restitution.

The government alleged in court documents that on Aug. 23, 2020, Great Falls police were dispatched to a camper trailer and found a male, identified as John Doe, deceased. Fox was on the scene, was friends with John Doe, had last seen him two days earlier and had gone to check on him. Fox found John Doe deceased. The government further alleged that two days earlier, Fox helped arranged a drug deal between his co-defendant, Brandie Rae Fulbright, and John Doe. As part of the deal, Fox received a semiautomatic rifle and John Doe received meth and two blue pills, identified as fentanyl. An autopsy determined that Doe died from an overdose of a combination of meth and fentanyl, which were the same substances recovered from John Doe’s trailer. Fulbright has pleaded guilty to charges in the case and is awaiting sentencing.

Assistant U.S. Attorney Jeffrey K. Starnes prosecuted the case, which was investigated by the FBI and Great Falls Police Department.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.

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MISSOULA — The owner of a former whiskey distillery in Bozeman today admitted to defrauding a bank that had loaned him money for the business, U.S. Attorney Leif M. Johnson said.

Bryan Lee Schultz, 46, of Las Vegas, Nevada, pleaded guilty to bank fraud. Schultz faces a maximum of 30 years in prison, a $1 million fine and five years of supervised release.

U.S. Magistrate Judge Kathleen L. DeSoto presided. Sentencing was set for June 16 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. Schultz was released pending further proceedings.

The government alleged in court documents that Schultz started Roughstock Distillery and that it was open between April 2008 and June 2016. To operate the business, Schultz obtained two loans from Big Sky Western Bank, with the first loan for $213,000 and the second loan for $90,000. Under the loan terms, Schultz granted the bank a security interest in all collateral of Roughstock Distillery, including proceeds from the sale of inventory. The bank used the inventory as security so it would not lose money if Schultz defaulted on the loans. The government further alleged that in October 2016, Schultz received a $100,000 payment for the sale of whiskey stills and defrauded the bank by not informing it of the sale or remitting payment of the proceeds to the bank as required.

Assistant U.S. Attorney Ryan G. Weldon is prosecuting the case, which was investigated by the FBI.

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GREAT FALLS – A Heart Butte man who admitted to shooting up a house with a hunting rifle and wounding three of the occupants on the Fort Belknap Indian Reservation was sentenced today to six years and six months in prison to be followed by three years of supervised release, U.S. Attorney Leif M. Johnson said.

David Eugene Wing, 44, pleaded guilty in October 2021 to a superseding information charging him with assault with a dangerous weapon and with carrying a firearm in commission of a crime of violence.

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

In court documents filed in the case, the government alleged that on Jan. 1, 2020, during a New Year’s Eve party at a Lodge Pole residence, on the Fort Belknap Indian Reservation, Wing was involved in a fight with multiple individuals after he slapped an individual, identified as Jane Doe. Wing left the party intoxicated and angry and drove to a nearby residence where he retrieved a 22-250 caliber hunting rifle. Individuals at the party warned everyone there that Wing likely would return with a gun for revenge. Wing drove back to the residence and fired three or four rounds into the residence with intent to harm Jane Doe and others he felt had attacked him. Shrapnel struck and injured Jane Doe, a minor child and another individual, identified as Jane Doe 2.

Assistant U.S. Attorney Jared C. Cobell prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, FBI and the Fort Belknap Police Department.

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GREAT FALLS — A Great Falls woman suspected of traveling to Las Vegas, Nevada, to obtain methamphetamine for distribution admitted to a trafficking charge today, U.S. Attorney Leif M. Johnson said.

Lillian Marie Lapier, 45, pleaded guilty to a superseding information charging her with possession with intent to distribute meth. Lapier faces a mandatory minimum five years to 40 years in prison, a $5 million fine and at least four 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. Chief Judge Morris set sentencing for May 26. Lapier was detained pending further proceedings.

The government alleged in court documents that in May 2021, agents with the Russell Country Drug Task Force executed a search warrant on a Great Falls residence, recovered meth and learned that the source of supply was Lapier, who was traveling to Great Falls with meth. The investigation led to a Helena residence of co-defendant, Rhonda Lapier, also known as Rhonda Trench, where Rhonda Lapier and Lillian Lapier were suspected of trafficking meth together. After observing vehicles arrive and depart the residence, law enforcement stopped a suspect vehicle driven by Lillian Lapier and found cash and about 3.6 pounds of actual meth in the trunk. Lillian Lapier told law enforcement that she and Rhonda Lapier had left Las Vegas, Nevada, together after re-suppling with meth from a California-based supplier. Lillian Lapier also told officers she had been getting about two pounds of meth every week to a week and a half for the past three to four months. Officers found about three pounds of meth at the Helena evidence. The six pounds of meth seized is the equivalent of 21,744 doses. Rhonda Lapier was sentenced to more than five years in prison for conviction in the case. A third co-defendant, Ashley Nicole Rico, is pending sentencing for her conviction in the case.

Assistant U.S. Attorney Ethan R. Plaut is prosecuting the case, which was investigated by the Russell Country Drug Task Force, the Missouri River Drug Task Force, FBI, Great Falls Police Department Cascade County Sheriff’s Office and Lewis and Clark County Sheriff’s Office.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.

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MISSOULA — A Belgrade man who admitted to supplying methamphetamine to others for resale was sentenced today to five years in prison to be followed by five years of supervised release, U.S. Attorney Leif M. Johnson said.

Arthur Ronald Kane, 52, pleaded guilty in September 2021 to possession with intent to distribute meth.

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

In court documents, the government alleged that in late 2020, the Missouri River Drug Task Force observed Kane make several drug transactions. Kane told investigators that he became a “middle-man” in meth distribution for co-defendant Jared Williams in the winter of 2019 and that he sold meth to two people. Kane also told investigators that he received meth from another co-defendant, Max Dudley Stilson, and agreed that the three of them worked together to distribute drugs.  Williams was sentenced to eight years in prison for conviction in the case. An arrest warrant was issued for Stilson, who failed to appear for sentencing after conviction in the case. A third co-defendant, Marty Eugene McDonald, is pending sentencing for conviction in the case.

Assistant U.S. Attorney Jennifer S. Clark prosecuted the case, which was investigated by the Missouri River Drug Task Force and the Montana Highway Patrol.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.

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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:

Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Feb. 17 was:

James Edward Dempster, 42, of Big Timber, on charges of prohibited person in possession of a firearm. If convicted of the most serious crime, Dempster faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Dempster was released pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 22-03.

Raynard Dublunch Porche, 49, of Nampa, Idaho, on charges of prohibited person in possession of a firearm. If convicted of the most serious crime, Porche faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 22-08.

Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on Feb. 17 was:

Michael Scott Naron, 33, address unknown, on charges of conspiracy to distribute methamphetamine and possession with intent to distribute meth. If convicted of the most serious crime, Naron faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. Naron was detained pending further proceedings. The FBI, Missoula County Sheriff’s Office, Missoula Police Department and Montana Highway Patrol investigated the case. PACER case reference. 21-18.

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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