District of Montana

GREAT FALLS – A federal jury on Tuesday convicted a man accused of stealing a firearm from a pawn shop in Helena, U.S. Attorney Kurt Alme said.

After a two-day trial that began on Monday, the jury found Jeffrey Robert Igoe, 60, a transient, guilty of possession of a stolen firearm and unlawful taking of firearm from licensed firearm dealer. Igoe faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release.

Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris set sentencing for March 10, 2021 and ordered Igoe detained.

“Stealing a handgun can lead to a dangerous situation. I want to thank Assistant U.S. Attorney Jennifer Clark, the Helena and Bozeman police departments and the Bureau of Alcohol, Tobacco, Firearms and Explosives for investigating and prosecuting the case,” U.S. Attorney Alme said.

In court documents and at trial, the prosecution said the evidence showed that on Jan. 6, Igoe entered Modern Pawn in Helena and spoke with the manager. Igoe asked the manager to look up information on the computer. While the manager was doing that, Igoe went out of the manager’s sight, opened a glass display case, removed a firearm and put it in his pocket. Igoe then closed the display case and left the store.

The manager thought it was odd that Igoe left without the information he requested, so he reviewed the surveillance video. The video showed Igoe opening the glass case and taking the firearm, a 9mm Sig Sauer.  The manager called law enforcement, which issued a notice to look out for Igoe. A Bozeman police officer located Igoe later the same day, detained him and found the firearm during a search.

Assistant U.S. Attorney Jennifer Clark prosecuted the case, which was investigated by the Helena Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

This case is part of Project Guardian, a Department of Justice initiative launched in the fall of 2019 to reduce gun violence and enforce federal firearms laws. Through Project Guardian, the U.S. Attorney’s Office in the District of Montana is working to enhance coordination of its federal, state, tribal and local law enforcement partners in investigating and prosecuting gun crimes. In addition, Project Guardian supports information sharing and taking action when individuals are denied a firearm purchase by the National Instant Criminal Background Check System for mental health reasons or because they are a prohibited person.

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BILLINGS – A Billings man who admitted sexually assaulting a minor girl after he lied about his age was sentenced today to 10 years in prison and to 15 years of supervised release, U.S. Attorney Kurt Alme said.

James Robert Patterson, 22, pleaded guilty to coercion and enticement on July 7.

U.S. District Judge Dana L. Christensen presided and ordered Patterson detained.

The prosecution said in court documents filed in the case that Patterson began communicating in April 2018 with the victim, a minor under the age of 16, using SnapChat and other social media applications. Patterson falsely led the victim to believe he was 16 and sent her sexually explicit pictures of himself. The on-line communications continued, and in June 2018 in Park City, the victim met Patterson in his car. Patterson sexually assaulted the victim and told her not to tell anyone.

Patterson later acknowledged he had sexual intercourse with the victim multiple times and told the victim not to tell anyone because he knew she was a minor and he was 20 years old at the time. Patterson admitted meeting the victim online and acknowledged having an interest in younger girls.

Assistant U.S. Attorney Zeno Baucus prosecuted the case, which was investigated by the FBI.

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 Big Arm man who admitted making child pornography videos and sending an image to an undercover agent was sentenced today to 20 years in prison and 10 years of supervised release and was ordered to pay $43,307 restitution to the victim, U.S. Attorney Kurt Alme said.

Billy Dean Smith, 56, pleaded guilty on July 23 to sexual exploitation of a child.

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

In court documents filed in the case, the prosecution said that in January, an undercover FBI agent was investigating a KIK chat group known to exchange child pornography. KIK is a mobile phone app that allows users to exchange instant messages over the internet. In messages exchanged with the undercover agent, Smith described sexually abusing a girl, who was under the age of 18. Smith sent a sexually explicit image of the victim to the undercover agent. Agents obtained a search warrant for Smith's cell phone, seized it and analyzed its contents. A forensic examiner located the sexually explicit image that Smith had sent the agent. The examiner also located other videos and images of the victim. The images were created in January and February using the cell phone. Smith admitted he had filmed the sexually explicit videos of the victim.

Assistant U.S. Attorney Cyndee Peterson prosecuted the case, which was investigated by the FBI, the Internet Crimes Against Children Task Force, the Flathead County Sheriff’s Office and Homeland Security Investigations.

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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GREAT FALLS – A federal court jury today convicted a North Dakota man of methamphetamine trafficking crimes after investigators seized nearly two pounds of meth that were hidden in a pinata and a jar of peanut butter, U.S. Attorney Kurt Alme said.

After a three-day trial that began on Nov. 4, a jury found Christopher Michael Stebbins, 53, of Williston, N.D., guilty of conspiracy to possess with intent to distribute meth and with attempted possession with intent to distribute meth.

Stebbins faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release on each crime.

Chief U.S. District Judge Bryan M. Morris presided. Chief Judge Morris set sentencing for March 4, 2021 and ordered Stebbins detained.

“Pinatas are meant to be stuffed with candy, not meth,” U.S. Attorney Alme said. “Mr. Stebbins worked with others to bring large amounts of this poison to Montana communities, including the Fort Peck Indian Reservation. Organizations that push meth will be broken up, and we will stop their spread. I want to thank Assistant U.S. Attorney Jeff Starnes, the FBI, the U.S. Postal Service and the Merced, CA, Police Department for their work on this case.”

The prosecution presented evidence at trial that on Nov. 8, 2019, Don Fred Baldwin, of Merced, CA, mailed almost two pounds of meth to Stebbins to an address of a residence in Brockton, located on the Fort Peck Indian Reservation. The meth was hidden in a jar of peanut butter and inside a “cop dog” pinata. Law enforcement officers intercepted the package, obtained a search warrant and found 1.7 pounds of meth inside the pinata and the peanut butter jar. The quantity of meth seized is the equivalent of about 6,208 doses.

Baldwin was convicted in a companion case of meth distribution and was sentenced in September to six years in prison. 

A witness told law enforcement officers that Stebbins received meth from Baldwin and that the shipments were usually one-pound quantities. Baldwin typically shipped the meth to Stebbins’ home in Williston and that the Nov. 8 package was the only shipment to the Brockton residence. The witness said Stebbins would send Baldwin cash for the drugs, which Baldwin would then send to Stebbins. Stebbins would re-package the meth to sell to others.

Assistant U.S. Attorney Jeff Starnes prosecuted the case, which was investigated by the FBI, U.S. Postal Service and the Merced, CA, Police Department.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 48% from 2013 to 2019. 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 federal jury on Thursday found a Missoula accountant guilty of crimes in a scheme in which he filed false tax returns on a couple's businesses by skimming cash and deducting personal expenses like vacations, home improvements and water craft as business expenses, U.S. Attorney Kurt Alme said today.

After a four-day trial that began on Nov. 2, the jury convicted Daniel Brian Burke, 62, of six counts of aiding and assisting to subscribing to a false document.

Burke faces a maximum of three years in prison, a $100,000 fine and three years of supervised release on each count.

U.S. District Judge Dana L. Christensen presided and set sentencing for March 11, 2021. Burke remains on release pending further proceedings.

 "Our system depends on all of us paying our fair share of taxes. Accountants and other tax preparers have a particular responsibility to their clients and to our country to advise their clients to follow the law. When someone abuses that trust and helps clients cheat on their taxes, they will be investigated and prosecuted. I want to thank Assistant U.S. Attorneys Ryan Weldon and Karla Painter for prosecuting the case and the IRS Criminal Investigation Division for its investigation," U.S. Attorney Alme said.

“Last night’s conviction of CPA Daniel Burke for helping his clients file false federal tax returns is a victory for all taxpayers,” said IRS-CI Special Agent in Charge Andy Tsui. “The public should expect all tax and accounting professionals to guide their clients to legal and honest financial outcomes. Instead, Mr. Burke used his position as a CPA to break the law, and he will now face the consequences of his actions.”

In evidence presented at trial, the prosecutors said Burke signed false tax returns along with co-defendants and clients, Traci and Joseph Baumgardner, owners of AJB, Inc., for years 2011 to 2013. In total, the Baumgardners reported gross receipts of $5,001,374 and paid federal taxes totaling $10,066 for the time. Traci and Joseph Baumgardner each pleaded guilty to a conspiracy count and testified against Burke. The Baumgardners were each sentenced in June to three years of probation and ordered to pay $89,918 restitution. 

Through AJB, the Baumgardners operated two businesses, Splash Car Wash, in Missoula and Hamilton, and Pro Sweeps Plus, an industrial maintenance service. Burke, a certified public accountant, owned and operated Burke and Company, P.C., and prepared corporate and individual tax returns for the Baumgardners.

Prosecutors said an undercover investigation by the IRS showed evidence of two theories for the false returns.  In one theory, Burke instructed the Baumgardners not to deposit cash in the bank or report it as income as required.  A search conducted by the IRS found $50,000 cash in a safe owned by the Baumgardners.

In the second theory, the Baumgardners deducted personal expenses as business expenses. The deducted personal expenses included vacations to Florida, Hawaii, Las Vegas, the Bahamas and Dallas; residential expenses like utilities, remodeling and house cleaning; retail purchases at various stores; recreational purchases like boats, dune buggies and water craft; and a country club membership.

Prosecutors further presented evidence that the Baumgardners and Burke depreciated assets at 100 percent of business use, disguised items, like a boat as a “sweeper,” and double depreciated assets.  Entertainment items, like boats and dune buggies, are not deductible.

An undercover IRS agent met with Burke and in a recorded interview, Burke demonstrated his knowledge of skimming cash and deducting personal expenses as business expenses.  At one point, Burke asked the agent, “You're not an undercover agent from the IRS or anything?” The agent responded no.  Burke told the agent how to avoid taxes.

Assistant U.S. Attorneys Ryan Weldon and Karla Painter prosecuted the case, which was investigated by the IRS.

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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 Nov. 4 was:

Jason John Stang-Parker, 32, of Shepherd, on charges of theft from a federal licensee and possession of a stolen firearm. If convicted of the most serious crime, Stang-Parker faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Stang-Parker was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 20-130.

Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Nov. 3 was:

Brandon Lee Main, 41, of Harlem, on charges of possession with intent to distribute meth. If convicted of the most serious crime, Main faces a maximum 20 years in prison, a $1 million fine and three years of supervised release. Main was detained pending further proceedings. The FBI and Fort Belknap Police Department investigated the case. PACER case reference. 20-79.

Leonard James Hilton, 34, of Great Falls, on charges of possession of a firearm by an unlawful user of a controlled substance. If convicted of the most serious crime, Hilton faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Hilton was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 20-78.

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 former Ennis pharmacist who admitted dispensing opioids to himself and to a friend using forged or altered prescriptions was sentenced today to five months in prison, followed by five months of home confinement, three years of supervised release and was fined $4,500, U.S. Attorney Kurt Alme said.

Bradley John Stoick, 70, of Hailey, Idaho, pleaded guilty on July 30 to dispensing a controlled substance by a practitioner and to acquiring or obtaining a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge.

U.S. District Judge Donald W. Molloy presided. Judge Molloy allowed Stoick to self report to prison.

“Mr. Stoick abused his position as a pharmacist to fraudulently prescribe himself opioids and to illegally send opioids to a friend. Health care professionals and other licensed providers must comply with the law in dispensing all drugs, especially opioids, and they will be held accountable if they don’t,” U.S. Attorney Alme said.

The prosecution said in court records that Stoick was the pharmacist-in-charge of Ennis Pharmacy in Ennis.  In 2019, Drug Enforcement Administration investigators conducted a routine administrative inspection of Ennis Pharmacy and discovered numerous prescriptions for Stoick for Norco 10-325mg, a drug which contains Hydrocodone, a powerful opioid and a Schedule II controlled substance.  Stoick filled those prescriptions for himself as the on-duty pharmacist.  The doctor whose name and signature were on those prescriptions never saw Stoick as a patient and did not issue any of those prescriptions. 

In addition, pharmacy records showed that Stoick altered a prescription for a friend.  He modified the strength of the prescription from Norco 5-325mg up to Norco 10-325mg, which contains twice as much Hydrocodone.  He also increased the amount of the prescription from 45 pills to 120 pills.  Stoick then filled the prescription himself and mailed it to his friend in Utah. 

In a separate civil case settled in July, Ennis Pharmacy agreed to pay a $125,000 fine and make several changes to its operating procedures. 

Assistant U.S. Attorney Michael A. Kakuk prosecuted the case, which was investigated by the DEA. 

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MISSOULA — A New York man who admitted defrauding investors, including a Montana resident, in a $1.6 million scheme was sentenced today to three years in prison, three years of supervised release and ordered to pay $1,643,073 restitution, U.S. Attorney Kurt Alme said.

Christopher Fulco, 44, of Staten Island, N.Y., also known as Christian Anthony, pleaded guilty on July 17 to mail fraud, money laundering and securities fraud.

U.S. District Judge Donald W. Molloy presided. Fulco was released and allowed to self-report to prison.

“Montanans are used to taking people at their word. Those who exploit that trust to commit fraud will be caught, prosecuted and jailed,” U.S. Attorney Alme said.

In court documents filed in the case, the prosecution said Fulco, operating as JM Capital in New York, took money from 11 victims in a scheme that ran from 2014 to 2019. Fulco solicited funds in exchange for shares of stock in two companies, identified as Company 1 and Company 2. Fulco failed to obtain any shares of stock, and instead, spent the money on himself. One of Fulco’s victims is a Montana resident. When Fulco’s victims agreed to buy stock from him, Fulco deposited their money into his JM Capital Citibank account. He was the only signor on the account. Bank records indicated that Fulco spent the money on himself, including making large cash deposits and debit card transactions at casinos in Atlantic City.

At sentencing, Judge Molloy noted that Fulco was responsible for defrauding the Montana investor of more than $350,000.

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

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BILLINGS — A Billings man who admitted supplying methamphetamine to others in the community was sentenced today to four years in prison and five years of supervised release, U.S. Attorney Kurt Alme said.

Lynn Robert Kuntz, 46, pleaded guilty to possession with intent to distribute meth on May 28.

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

The prosecution said in court documents that in June 2019, drug task force officers learned that a co-defendant, Shawna Bercier, was distributing meth from her workplace in Laurel. Agents set up two controlled purchases with Bercier. In the second purchase, another co-defendant, Patrick Cleveland, provided Bercier with the meth she sold to a confidential informant. Agents followed Cleveland to a Billings residence, which was familiar to agents from previous drug investigations. Agents knew Kuntz lived at this residence and was identified as a meth supplier. Investigators executed a search warrant on Kuntz’s residence and found meth and $7,729 in cash

Cleveland was sentenced in June to six years in prison for his conviction in the case. Bercier has pleaded guilty to charges and is awaiting sentencing.

Assistant U.S. Attorney Julie Patten prosecuted 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. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 36% from 2013 to 2018. 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 – U.S. Attorney Kurt Alme today announced more than $2.23 million in Department of Justice grants to fight and prevent violent crime in the District of Montana. The grants, awarded by the Department’s Office of Justice Programs (OJP), are part of more than $458 million in funding to support state, local, and tribal law enforcement efforts to fight and prevent violent crime in jurisdictions across the United States.

“One of the fundamental missions of government is to protect its citizens and safeguard the rule of law,” said Attorney General William P. Barr. “The Department of Justice will continue to meet this critical responsibility by doing everything within its power to help our state, local and tribal law enforcement and criminal justice partners fight crime and deliver justice on behalf of all Americans.”

The funding announced today continues the Trump Administration’s commitment to reducing crime and improving public safety. In the two years before President Trump took office, America had experienced a precipitous rise in crime, particularly in serious violent crime. The President elevated community safety to the top of his domestic agenda and crime rates have fallen steadily since. Recent data from the FBI and the Bureau of Justice Statistics for 2019 show a drop in crime and serious victimization for the third year in a row. However, a number of cities are experiencing conspicuous countertrends. Today’s grants will bolster crime-fighting efforts in those communities and in jurisdictions throughout the United States.

“Violence has become a tragic reality in too many of America’s communities,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “Working with officials across the Trump Administration and with thousands of state, local and tribal crime-fighters across the country, the Department of Justice is leading the response to this urgent challenge. OJP is pleased to make these resources available to support innovative, tested and diverse solutions to violent crime.”

“In 2019, Montana saw an 8.1 percent increase in violent crime according to the FBI’s Uniform Crime Reports. These grants will help local, state and tribal law enforcement agencies combat it and protect our citizens and communities. I am pleased to announce these awards for Montana,” U.S. Attorney Alme said.

Of the more than $458 million awarded nationwide, OJP’s Bureau of Justice Assistance made 1,094 grants totaling more than $369 million to support a broad range of initiatives including efforts in enforcement, prosecution, adjudication, detention and rehabilitation.

OJP’s Office of Juvenile Justice and Delinquency Prevention awarded more than $10 million across 24 jurisdictions to intervene in and suppress youth gang activity as well as $1 million to the Institute for Intergovernmental Research to continue operating the National Gang Center. OJP’s National Institute of Justice awarded $7.3 million to fund research and evaluation on the prevention and reduction of violent crime. OJP’s Bureau of Justice Statistics provided more than $69 million to strengthen the quality and accessibility of records within the National Instant Criminal Background Check System.

The following Montana organizations received funding:

• BJA Edward Byrne Justice Assistance Grant, local and tribal: $344,743
  • Cascade County/Great Falls, $31,610
  • Lewis and Clark County, $12,446
  • Helena, $26,658
  • Missoula County, $12,403
  • Missoula, $46,037
  • Yellowstone County, $13,135
  • Billings, $71,102
  • Blackfeet Tribe, $15,461
  • Bozeman, $16,839
  • Butte-Silver Bow City and County, $18,949
  • Chippewa-Cree Tribe, $11,499
  • Flathead County, $24,720
  • Gallatin County, $11,456
  • Lake County, $11,585
  • Kalispell, $10,120
  • Roosevelt County, $10,723
• BJA Edward Byrne Justice Assistance Grant, state, Montana, $877,225
• BJA Project Neighborhoods: Montana, $92,945
• Project Guardian, Yellowstone County, $216,755
• National Criminal History Improvement Program, Montana Department of Corrections, Montana Board of Crime Control, $700,000

      For a complete list of individual grant programs, award amounts, and jurisdictions that will receive funding, click here. More information about OJP and its components can be found at www.ojp.gov.

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MISSOULA — A Sinaloa, Mexico drug trafficker who brought pounds of methamphetamine, along with heroin and oxycodone pills containing fentanyl, to Montana for distribution was sentenced on Oct. 29 to eight years in prison and five years of supervised release, U.S. Attorney Kurt Alme said today.

Ricardo Ramos Medina, 34, pleaded guilty on June 25 to conspiracy to possess with intent to distribute controlled substances.

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

The prosecution said in court documents that law enforcement learned Medina was distributing large amounts of meth in and around Montana and directed others to wire money back to Mexico. The conspiracy ran from about January 2019 to March 2020. Investigators conducted undercover buys from Medina, including purchases of meth, heroin and counterfeit oxycodone pills containing fentanyl.  

In March, Medina was attempting to collect drug debts owed to him from various drug traffickers in the Butte area. Medina “fronted” the meth to co-conspirators, and he returned to Montana to collect the money from them. On March 18, law enforcement officers stopped Medina and found he was in possession of two pounds of meth.

In a sentencing memo, the prosecution said Medina was responsible for 16 pounds of meth, which is the equivalent of about 57,984 doses.

Assistant U.S. Attorney Ryan Weldon prosecuted the case, which was investigated by the Drug Enforcement Administration, the U.S. Postal Service, Homeland Security Investigations, Montana Division of Criminal Investigation and Butte-Silver Bow Police.  

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 36% from 2013 to 2018. 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 Rosebud man who admitted shooting a man he believed had shorted him in a $20 methamphetamine deal was sentenced today to five years in prison and three years of supervised release, U.S. Attorney Kurt Alme said.

Anthony Shoulderblade, 33, pleaded guilty on June 4 to assault with a dangerous weapon.

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

The prosecution said in court documents filed in the case that on Dec. 21, 2018, a Bureau of Indian Affairs officer responded to a report of a male who had been shot in the Muddy Cluster subdivision on the Northern Cheyenne Indian Reservation. Witnesses said Shoulderblade had shot the victim, who was being transported to Lame Deer in a Nissan. The officer located the Nissan and assisted the victim, who had a gunshot wound about the size of a 9mm bullet in his abdomen. The Nissan’s driver told the officer that Shoulderblade had shot the victim and then fled. The victim ultimately was transported to a Billings hospital for treatment.

The victim told an investigator that he was driving with two others when someone flashed him down. He said he pulled over, exited his car and went to the passenger side of the vehicle, where Shoulderblade was seated. The victim said he was speaking with Shoulderblade when he suddenly felt his leg taken out from underneath him. The victim said he had been shot with what he believed was a 9mm handgun.

About two months later, law enforcement located Shoulderblade, who admitted he shot the victim after the victim had shorted him in a drug transaction. Shoulderblade said he had purchased $20 worth of meth from the victim but received only $10 worth of product.

Assistant U.S. Attorney Karla Painter prosecuted the case, which was investigated by the FBI.

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GREAT FALLS – A Missoula man today admitted he aimed a laser beam at an airplane as it was approaching the Great Falls airport, U.S. Attorney Kurt Alme said.

Brian John Loven, 42, pleaded guilty to aiming a laser pointer at an aircraft. Loven faces a maximum five years in prison, a $250,000 fine and three years of supervised release.

Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris set sentencing for Feb. 25, 2021. Loven was released.

The prosecution said in court documents that at about 9:40 p.m. on March 3, two pilots operating a SkyWest flight reported that on their descent to the Great Falls airport, the plane was hit with a bright green laser that lit up the cockpit. The pilots reported that the incident occurred on the east end of town in the area of Giant Springs State Park.

Cascade County Sheriff’s deputies dispatched to the area located a Jeep driving slowly through the parking lot of Heritage Park, which was closed at the time. Loven was a passenger. The driver told deputies that she was learning how to drive a manual transmission car. While speaking with the driver, deputies noticed a small, black pen-like device sticking out of the center cup holder and asked about the item. The driver retrieved the device, said it was a laser pointer and activated it. The laser pointer projected a green light onto the dashboard.

Deputies interviewed Loven, who admitted to shining the laser at an airplane while it was approaching the airport. Loven explained that he was unaware it was a federal offense to shine a laser at a plane and just wanted to “test out the distance of the laser.”

Assistant U.S. Attorney Jeffrey Starnes is prosecuting the case, which was investigated by the Transportation Security Administration, Cascade County Sheriff’s Office and Airport Security.

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BILLINGS — A Lame Deer man who admitted shooting a woman in the head while drinking with friends at his residence on the Northern Cheyenne Indian Reservation was sentenced today to 37 months in prison and three years of supervised release, U.S. Attorney Kurt Alme said.

Jolson Hubert Bearcomesout, 39, pleaded guilty on March 17 to assault resulting in serious bodily injury.

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

In court documents filed in the case, the prosecution said that on June 1, 2019, Bearcomesout, the victim, identified as Jane Doe, and others were at Bearcomesout’s house and drinking. By evening, the group was in Bearcomesout’s bedroom, where they drank and danced. Bearcomesout took a pistol that was on the bed, pointed it at the victim’s head and pulled the trigger.

Bearcomesout took the pistol and another firearm and fled. He was arrested in Forsyth. In an interview with law enforcement, Bearcomesout said he didn’t know there was a bullet in the chamber and that he was “just fooling around.”

The victim was treated for multiple injuries.

Assistant U.S. Attorney Bryan Dake prosecuted the case, which was investigated by the Bureau of Indian Affairs and FBI.

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GREAT FALLS – A Harlem man today admitted a charge accusing him of drinking and driving a four-wheeler when it rolled and crashed on the Fort Belknap Indian Reservation, killing his passenger, U.S. Attorney Kurt Alme said.

Taylor Gardipee Walker, 22, pleaded guilty to involuntary manslaughter. Walker faces a maximum eight years in prison, a $250,000 fine and three years of supervised release.

Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris set sentencing for Feb. 25, 2021. Walker was released.

The prosecution said in court documents that on Dec. 31, 2019 and into the early morning hours on Jan. 1, 2020, Walker was drinking to the point of intoxication. At about 3 a.m., Walker and the victim, identified as Jane Doe, went for a ride on a four-wheeler on Rodeo Drive, with Walker driving. Walker lost control of the ATV, causing it to roll over and sending him and the victim onto the pavement. Walker was seen fleeing the scene on foot.

Law enforcement officers and emergency responders arrived and found the victim unresponsive and barely breathing. The victim ultimately was transported to a Great Falls hospital, where she died from her injuries later that day.

Officers found Walker’s wallet at the scene and began knocking on doors of local residences associated with Walker. Officers located Walker hiding in a bedroom closet of a residence. Walker, who had blood on his clothing and abrasions on his hands, was arrested for failing to report an accident. After initially saying he was not the driver, Walker admitted had been driving the ATV and had lost control and crashed. The investigation determined that Walker had a blood alcohol concentration of .0145 percent approximately three and a half hours after the crash.

Assistant U.S. Attorney Jared Cobell is prosecuting the case, which was investigated by the FBI, Fort Belknap Law Enforcement Services, Blaine County Sheriff’s Office and Montana Highway Patrol.

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BILLINGS – A Pryor man was arrested Tuesday in Billings by the Billings Police Department on a federal arrest warrant alleging that he murdered a person with premeditation on the Crow Indian Reservation, U.S. Attorney Kurt Alme said today.

A criminal complaint unsealed Tuesday alleges Taylor Leigh Plainbull, 27, committed first degree murder.

Plainbull is scheduled to have an initial appearance on Wednesday in U.S. District Court.

A criminal complaint is only an accusation, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt.

According to the criminal complaint and affidavit filed in support of the criminal complaint, Victim 1, an adult female, was driving from Pryor to Billings in a vehicle with Victim 2, and adult male, and Victim 3, a minor child.  Plainbull had previously been in a relationship with Victim 1.  Victim 1 was driving westbound on Highway 416, also known as Blue Creek Road, when she was passed by Plainbull, who was driving eastbound towards Pryor. Plainbull was driving what is believed to be a stolen truck. The owner of the stolen truck reported that it contained firearms, including a semiautomatic pistol.

According to the criminal complaint and affidavit, Plainbull turned around and chased after Victim 1, then passed her vehicle and stepped on the brakes, forcing Victim 1's vehicle off the road into a ditch. The weather was cold and snowy, and Victim 1 was unable to drive the car out of the ditch. Victim 1 locked the doors, while Victim 2 called 911, and at the same time Plainbull approached the car brandishing a pistol.

According to the criminal complaint and affidavit, Victim 2 reported hearing gunshots. Victim 2 sustained an injury to his forehead. Based on a preliminary examination of the scene, it appeared that Victim 1 was struck by at least one bullet. She was pronounced dead at the scene. Victim 3 exited the vehicle. Plainbull grabbed Victim 3 and drove away in the truck. Victim 3 was located later.

The FBI is investigating the case.

PACER case reference. 20-95.

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 trafficking methamphetamine after investigators found more than 30 pounds of the drug and $11,380 cash in his vehicle and residence was sentenced today to 10 years in prison and five years of supervised release, U.S. Attorney Kurt Alme said.

Jerry Ray Schuster, 57, pleaded guilty in January to conspiracy to possess with intent to distribute meth and to possession with intent to distribute meth.

U.S. District Judge Susan P. Watters presided. Schuster was allowed to self surrender.

The prosecution said in court records that an investigation into meth trafficking led to Schuster and a co-defendant, Byrne Martin Mestas. Mestas, 63, of Billings, was sentenced to 15 years in prison in August for conviction on a conspiracy charge in the case.

Law enforcement served a search warrant at Schuster’s and Mestas’ trailer on May 3, 2019. In the residence, agents found one pound of meth, three rifles, drug paraphernalia and receipts corroborating trips to California. A pound of meth is the equivalent of about 3,624 doses.

Agents executed a second search warrant three days later on four vehicles located at the residence. Investigators found 30 pounds of meth in three backpacks, $11,380 in cash and receipts documenting a trip to California in a Suzuki Swift registered to Schuster. Thirty pounds of meth is the equivalent of about 108,720 doses. In the other three vehicles, agents found another pound of meth, 100 pills, cash and other items.

Assistant U.S. Attorney Julie Patten prosecuted the case, which was investigated by the FBI 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. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 36% from 2013 to 2018. 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 in a scheme to smuggle methamphetamine into the Cascade County Detention Center by having inmates hide the drug inside their bodies admitted a drug trafficking charge today, U.S. Attorney Kurt Alme said.

Franklin Troy Caplette, 36, pleaded guilty to possession with intent to distribute meth. Caplette faces a maximum 20 years in prison, a $1 million fine and at least three years of supervised release.

Chief U.S. District Judge Brian M. Morris presided. Sentencing was set for Feb. 11, 2021. Caplette was detained.

The prosecution said in court documents that in May 2019, while Caplette was incarcerated at the Cascade County Detention Center, detectives began to investigate a drug smuggling scheme. Caplette arranged for people outside of the jail to bond out inmates, provide the defendants with drugs to conceal in their rectums and have the defendants smuggle the drugs back into the jail.

When defendants returned to the jail and were placed in the booking room, they told detention officers who their enemies were at the jail so they could get placed into the right pod to distribute the drugs.

In June 2019, a judge temporarily released Caplette to attend a relative's funeral on the Rocky Boy's Indian Reservation and directed him to return by 5 p.m. the next day.

While on release, Caplette spoke by cell phone with jail inmates and told one inmate he was "coming in hot."  Detectives waited at the jail for Caplette, who arrived late. While Caplette went to the booking area, Caplette's wife told detectives that they never made it to the funeral and instead went to other places before returning to Great Falls.

Detectives served a warrant on Caplette to search his body for drugs and took him to an emergency room for an x-ray. The x-ray showed three oblong-shaped objects in Caplette's abdomen. Caplette eventually passed the bags. An analysis determined that one of the bags contained meth, while two of the bags contained tobacco.

Other inmates told detectives that Caplette was in charge of contraband entering the jail and that he would use young inmates to be runners to bring back drugs into jail, where they would have parties at night.

Assistant U.S. Attorney Jessica Betley is prosecuting the case, which was investigated by the Russell Country Drug Task Force, Drug Enforcement Administration, Great Falls Police Department and Cascade County Sheriff's Office.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 36% from 2013 to 2018. 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 Belgrade man who admitted dumping radioactive contaminants from oil drilling at an abandoned gas station in North Dakota instead of properly disposing of the waste as hired to do was sentenced today to four months in prison, which was the time he had served in custody, and two years of supervised release, U.S. Attorney Kurt Alme said.

James Kenneth Ward, 58, pleaded guilty in July to wire fraud.

Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris also ordered Ward to pay a $2,500 fine and $9,977 restitution.

"Mr. Ward's actions not only defrauded a company that had hired him to properly dispose of oil drilling waste but they also put the environment and the public at risk by deliberately abandoning the contaminated materials at an unsecure, defunct gas station property.  Those who poison the environment for personal gain will be caught and prosecuted," U.S. Attorney Kurt Alme said.

 “The defendant in this case engaged in a fraudulent scheme that resulted in a serious threat to public health in the form of improperly disposed of radioactive waste.” said Lance Ehrig, Assistant Special Agent in Charge of EPA’s Criminal Enforcement Program in Montana.  “Today’s sentencing demonstrates the EPA’s commitment to protecting public health and holding accountable those who defraud consumers.”

The prosecution said in court documents that from 2011 until 2014, Ward contracted with Zenith Produced Water, LLC, to properly incinerate and dispose of filter socks, which are tubular nets that collect pollutants and radioactive materials from saltwater produced from drilling and developing oil.  Zenith Produced Water, a Colorado company that owned and operated saltwater disposal wells, paid Ward $9,977 to properly dispose of the filter socks. Instead of disposing the filter socks as agreed, Ward dumped the filter socks at an abandoned gas station in Noonan, N.D. Zenith Produced Water would never have paid Ward the money if it knew he was going to dump the filter socks in an abandoned gas station. Ward deposited some of the checks he received from Zenith Produced Water in a bank in Deer Lodge.

Assistant U.S. Attorney Ryan Weldon and Special Assistant U.S. Attorney Eric E. Nelson prosecuted the case, which was investigated by the Environmental Protection Agency's Criminal Investigation Division.

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BILLINGS – U.S. Attorney Kurt Alme will join the Drug Enforcement Administration in support of the 19th National Prescription Drug Take Back Day on Saturday, Oct. 24. The biannual event will be from 10 a.m. to 2 p.m. at sites across Montana. The event is an effort to rid homes of potentially dangerous, expired, unused and unwanted prescription drugs.

To keep everyone safe, collection sites will follow local COVID-19 guidelines and regulations. 

"Getting rid of unneeded and expired prescription drugs is an important step Montanans can take to stop opioid abuse and addiction. The primary way opioid abusers first get pills is from family and friends. The DEA Take Back event is a great way to safely clean out medicine cabinets," U.S. Attorney Alme said.

"We encourage all Montanans to drop off their unused prescriptions to the National Take Back sites in their communities. Individuals can drive up and drop off their prescriptions without getting out of their cars," said DEA Montana Resident Agent in Charge Stacy Zinn-Brittain.

Last fall, Americans across the country turned in nearly 883,000 pounds of prescription drugs at nearly 6,300 sites operated by the DEA and almost 5,000 of its state and local law enforcement partners. Since the inception of the National Prescription Drug Take Back Initiative in 2010, DEA, along with its law enforcement partners, has now collected nearly 6,350 tons of expired, unused, and unwanted prescription medications.

During the October 2019 event, Montanans turned in 1,720 pounds of prescription drugs at 26 collection sites.

This initiative addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse and abuse. Rates of prescription drugs abuse in the United States are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs.

In addition to DEA’s National Prescription Drug Take Back Day, there are many other ways to dispose of unwanted prescription drugs every day, including the 11,000 authorized collectors that are available all year long. For more information, visit DEA’s year-round collection site locator.

The FDA also provides information on how to properly dispose of prescription drugs. More information is available here: https://www.fda.gov/consumers/consumer-updates/where-and-how-dispose-unused-medicines.

For more information about the disposal of prescription drugs or about the October 24 Take Back Day event, go to www.DEATakeBack.com.

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In November, Montanans will vote whether to legalize recreational marijuana for state law purposes. Marijuana offenses will still be illegal under federal law.

Because of the serious ramifications of this vote for our public safety and health, I encourage all Montanans to review in detail CI-118 and the lengthy 36 sections of I-190 to understand the system it would create.

The potency of marijuana has increased substantially. The average potency of DEA samples of marijuana increased over 400% between 1995 and 2018, and marijuana resins and extracts used in vaping and edibles can have much higher levels of THC, the active compound in marijuana.

Legalization will increase use, as seen in Colorado and Oregon.  The percent of the population age 12 and older using marijuana in the past month increased from 12.7% prior to legalization to 17.3% in 2018 in Colorado, and from 13% to 18.8% in Oregon, well above the national percentage which increased from 7.4% to 9.8%.

Traffic fatalities and accidents will increase. Marijuana significantly impairs judgment, motor coordination and reaction time, and studies have found a direct relationship between blood THC concentration and impaired driving. Since Colorado legalized recreational marijuana in 2014, annual traffic deaths where the operator tested positive for marijuana more than doubled by 2019. Between 2014 and 2019, annual cases of Driving Under the Influence of Drugs in Colorado where marijuana was involved increased from 676 to 1,041.

Marijuana is addictive.  Recent data suggest that 30% of those who use marijuana may have some degree of marijuana use disorder. Studies suggest that 9% of people who use marijuana will become dependent on it, increasing to about 17% for those who start using in their teens. At Rimrock in Billings, marijuana is already the third most used substance by patients being treated for substance abuse disorder, ahead of opioids.

I-190 could dilute state laws protecting children, the public and users from marijuana abuse. One provision states that a person may not be denied custody rights to a minor solely for conduct related to this initiative. In 2019 in Yellowstone County, however, marijuana use was identified as a contributing factor in over 25% of removals of children for abuse or neglect. A second provision states that a person currently under probation or released awaiting trial may not be penalized solely for conduct permitted by the initiative, apparently regardless of whether the person’s marijuana abuse contributed to their criminal conduct.

Many who use other drugs start with marijuana. The Surgeon General recently highlighted a study showing that in 2017, teens 12-17 reporting frequent use of marijuana showed a 130% greater likelihood of misusing opioids. Of course, most people who use marijuana do not go on to use other substances; however, in 2019, during focus group interviews of meth users in Billings for Yellowstone Substance Abuse Connect, users stated that they often started using methamphetamine in their late teens or early twenties after being exposed to and using alcohol and marijuana at an early age. Until more research determines the extent of the link between marijuana use and additional drug use, voters should strongly consider this risk.

Other public health facts are important to know. Smoking marijuana, even occasionally, can increase the risk of severe complications from COVID-19; the Surgeon General recently advised that marijuana exposure, before brain development stops in the mid-20s, can cause long-term harm; and studies link marijuana use to depression, anxiety, suicide planning and psychotic episodes. Since 2014, hospitalizations related to marijuana in Colorado increased from 6,720 to 16,614 in 2017.

Fellow Montanans, let’s be sure we take a close look at these proposals before voting on CI-118 and I- 190.

BILLINGS – United States Attorney Kurt Alme today announced that Assistant U. S.  Attorney (AUSA) Brendan McCarthy will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming Nov. 3, 2020 general election.  AUSA McCarthy has been appointed to serve as the District Election Officer (DEO) for the District of Montana, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights concerns in consultation with Justice Department Headquarters in Washington.

U. S. Attorney Alme said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud.  The Department of Justice will always act appropriately to protect the integrity of the election process.”

The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur.  The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open through election day.

Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input.  It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them.  For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law.  Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).

The franchise is the cornerstone of American democracy.  We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice.  In order to respond to complaints of election fraud or voting rights concerns during the voting period that ends on November 3, 2020, and to ensure that such complaints are directed to the appropriate authorities, U.S. Attorney Alme said that AUSA/DEO McCarthy will be on duty in this District while the polls are open.  He can be reached by the public at the following telephone numbers: 406-247-4656 or 406-702-5033.

In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. For Montana, the FBI can be reached by the public at 801-579-1400.

Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/ .

Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities.  State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.

U. S. Attorney Alme said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate.  It is imperative that those who have specific information about discrimination or election fraud make that information available to my Office, the FBI, or the Civil Rights Division.”

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BILLINGS – U.S. Attorney Kurt Alme today announced awards of $6,059,331 in Department of Justice grants to fight drug abuse and addiction in the Montana. The grants were awarded by the Department’s Office of Justice Programs (OJP) and are part of more than $341 million going to communities nationwide.

“The addiction crisis has taken an enormous toll on America’s families and communities, eroding public health, threatening public safety and claiming tens of thousands of lives year after year,” said Attorney General William P. Barr. “Through comprehensive measures taken by this administration, we have been able to curtail the opioid epidemic, but new and powerful drugs are presenting exceptional challenges that we must be prepared to meet. The Justice Department’s substantial investments in enforcement, response, and treatment will help us overcome these challenges and work towards freeing Americans from abuse and addiction.”

Illegal drugs and illicit drug use have claimed the lives of nearly 400,000 Americans since the turn of the century. Powerful synthetic opioids like fentanyl are exacting an enormous toll on families and communities, and an emergence in the use of methamphetamines and other psychostimulants is drawing drug traffickers and driving up overdose rates. Three years ago, President Trump declared a Public Health Emergency and initiated a whole-of-government approach dedicated to ending this national tragedy. The Department of Justice has invested unprecedented levels of funding in combating the addiction crisis. The awards announced today build on those earlier investments.

“If we hope to defeat an enemy as powerful, persistent and adaptable as illicit drugs, we must be at least as determined and versatile, focusing our ingenuity and resources on curbing abuse and fighting addiction,” said OJP’s Principal Deputy Assistant Attorney General Katharine T. Sullivan. “These grants will enable criminal justice officials and substance abuse, mental health and other medical professionals to pool their assets and bring the full weight of our public safety and treatment systems down on this epidemic that has already caused so much harm.”

"Methamphetamine is a significant reason why Montana has the highest violent crime rate in the northwest. Drug courts, treatment and prevention programs, like Yellowstone Substance Abuse Connect, and treatment for state and local prisoners make our state safer and healthier. I am pleased to announce this help for Montanans," U.S. Attorney Alme said.

Funding is made available through OJP’s Bureau of Justice Assistance, National Institute of Justice, Office for Victims of Crime and Office of Juvenile Justice and Delinquency Prevention.

The following Montana organizations received funding:

• City of Billings, $900,000
• Lewis and Clark County, $600,000
• Montana 13th Judicial District, $485,736
• Montana 12th Judicial District, $500,000
• Judiciary Courts of the State of Montana, $366,836
• Eighth Judicial District, $498,105
• Missoula County, $403,039
• Chippewa Cree Tribe, Rocky Boy's Reservation, $434,332
• Northern Cheyenne Tribe, $484,314
• Montana Board of Crime Control, $172,516
• Judiciary Courts of the State of Montana, $614,453
• Chippewa Cree Tribe, Rocky Boy's Reservation, $600,000

For a complete list of individual grant programs, award amounts, and jurisdictions that will receive funding, click here. More information about OJP and its components can be found at www.ojp.gov.

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years

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BILLINGS — A man who admitted illegally possessing five firearms that had been stolen during a burglary of a Livingston business was sentenced today to four years in prison and three years of supervised release, U.S. Attorney Kurt Alme said.

John Francis McDermott, 41, a transient, pleaded guilty in February to prohibited person in possession of a firearm.

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

The prosecution said in court documents that on Sept. 14, 2017, Livingston Police officers responded to a burglary at Yellowstone Gifts and Sports, a federal firearms licensee, where a display case had been broken and five firearms, ammunition, a sleeping bag and a soda were missing. Surveillance video showed the burglary as well as the robber in the store from earlier that day in the same clothing. Store employees remembered the robber from that day and said he had a leaf tattoo under his left eye.

Law enforcement officers arrested McDermott eight days later. McDermott was wearing the same hoodie as in the surveillance video. Officers executed a search warrant for a backpack and black plastic garbage bag near where McDermott had been standing when arrested. Officers recovered all five of the firearms that had been stolen, the sleeping bag and some of the ammunition.

McDermott was prohibited from possessing firearms because of previous felony convictions in Oregon and Texas.

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

This case is part of Project Guardian, a Department of Justice initiative launched in the fall of 2019 to reduce gun violence and enforce federal firearms laws. Through Project Guardian, the U.S. Attorney’s Office in the District of Montana is working to enhance coordination of its federal, state, tribal and local law enforcement partners in investigating and prosecuting gun crimes. In addition, Project Guardian supports information sharing and taking action when individuals are denied a firearm purchase by the National Instant Criminal Background Check System for mental health reasons or because they are a prohibited person.

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MISSOULA–A Bozeman woman who admitted embezzling more than $400,000 while working as a bookkeeper for several businesses today was sentenced to five years of probation and ordered to pay $423,245 restitution, U.S. Attorney Kurt Alme said.

Anna Michelle Niles, 47, pleaded guilty on June 3 to wire fraud.

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

In a sentencing memo filed in the case, the prosecution recommended a sentence within the guideline range, which was 27 months to 33 months.

The prosecution said in court documents that from 2009 until 2018, Niles embezzled from Cresent Cross, LLP, Clair W. Daines, Inc., Genesis Partners, LLC, Bitterroot Turf Farm, Inc., and other related business entities while performing bookkeeping and accounting services. Niles defrauded the firms by diverting funds through checks, stealing cash, claiming leave she was not entitled to obtain, receiving unauthorized 401(k) loan payments and using business credit cards on personal expenses, none of which was authorized. The investigation found that Niles embezzled about $433,018 from the businesses. When interviewed by the FBI, Niles admitted to stealing from Cresent Cross, LLP, and writing checks from other businesses to cover up the fraud.

Assistant U.S. Attorney Ryan Weldon prosecuted the case, which was investigated by the FBI.

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BILLINGS – The Department of Justice announced this week it has charged more than 14,200 defendants with firearms-related crimes during Fiscal Year (FY) 2020, including 170 cases in Montana, despite the challenges of COVID 19 and its impact on the criminal justice process. These cases have been a Department priority since November 2019 when Attorney General William P. Barr announced his commitment to investigating, prosecuting, and combatting gun crimes as a critical part of the Department’s anti-violent crime strategy. These firearms-related charges are the result of the critical law enforcement partnership between United States Attorneys’ Offices and the Bureau of Alcohol, Tobacco, Firearms and Explosives, led by Acting Director Regina Lombardo, who has made firearms-related investigations a priority.

“The number one priority of government is to keep its citizens safe,” said Attorney General Barr. “By preventing firearms from falling into the hands of individuals who are prohibited from having them, we can stop violent crime before it happens. Violating federal firearms laws is a serious crime and offenders face serious consequences.  The Department of Justice is committed to investigating and prosecuting individuals who illegally buy, sell, use, or possess firearms. Reducing gun violence requires a coordinated effort, and we could not have charged more than 14,000 individuals with firearms-related crimes without the hard work of the dedicated law enforcement professionals at the ATF, our U.S. Attorneys’ Offices across the country, and especially all of our state and local law enforcement partners.”

“Protecting the public from violent crime involving firearms is at the core of ATF’s mission,” commented ATF Acting Director Regina Lombardo.  “Every day the men and women of ATF pursue and investigate those who use firearms to commit violent crimes in our communities, many of whom are prohibited from possessing firearms from previous convictions.  ATF, in collaboration with the U.S. Attorneys’ Offices across the nation, is committed to bringing these offenders to justice for their egregious and violent criminal acts.”

"Keeping Montanans safe from violent crime is even more important since COVID-19 arrived. Domestic violence offenders with access to firearms are much more likely to commit homicide. Keeping guns out of the hands of offenders is critical to reducing violent crimes," U.S. Attorney Kurt Alme said.

Of the more than 14,200 cases charged, 170 cases have been brought in Montana, U.S. Attorney Alme said.  

Recent Montana cases include:

• Charles Bailey, of West Yellowstone, was sentenced to 48 months in prison in May for possession of an unregistered device. During an investigation into a violation of a protective order, law enforcement found three unregistered improvised bombs in his vehicle.
• Carlyle Ray Wells, of Great Falls, pleaded guilty in October to theft of a firearm from a federal firearms dealer. Wells was accused of breaking into a Great Falls business and stealing 27 firearms. Wells faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release.
• Maxie Arthur, of Anaconda, was sentenced to 48 months in prison in March for possession of an unregistered device. Law enforcement responded to a domestic violence call and found firearms and a homemade bomb.
• Robert House, of East Helena, was sentenced to 48 months in prison for being a prohibited person in possession of a firearm and possession of a firearm while being a user of a controlled substance. Police officers responded to a call a man acting erratically and located House. House had a semi-automatic pistol in his backpack and a small amount of methamphetamine. House was prohibited from possessing firearms because of prior felony convictions.

Under federal law, it is illegal to possess a firearm if you fall into one of nine prohibited categories including being a felon, illegal alien, or unlawful user of a controlled substance. Further, it is unlawful to possess a firearm in furtherance of a drug trafficking offense or violent crime.  It is also illegal to purchase – or even to attempt to illegally purchase - firearms if the buyer is a prohibited person or illegally purchasing a firearm on behalf of others. Lying on ATF Form 4473, which is used to lawfully purchase a firearm, is also a federal offense.  The Department is committed to prosecuting these firearms offenses. Keeping illegal firearms out of the hands of violent criminals will continue to be a priority of the Department of Justice and we will use all appropriate, available means to keep the law abiding people of this country safe from gun crime. 

For more information on the lawful purchasing of firearms, please see: https://www.atf.gov/qa-category/atf-form-4473.      

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GREAT FALLS — A Bigfork man convicted of methamphetamine trafficking in the Havre area was sentenced today to 15 years in prison and five years of supervised release, U.S. Attorney Kurt Alme said.

Shane Alan Nault, 44, pleaded guilty in June to possession with intent to distribute meth and to prohibited person in possession of a firearm.

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

The prosecution said in court documents that in the fall of 2017, informants alerted drug task force officers that Nault was selling meth in and around Hill County. Law enforcement arranged for an undercover operation to buy meth from Nault and surveilled multiple drug transactions that occurred in Nault's pickup truck. In March 2018, officers located a truck registered to an associate of Nault's in Havre. Nault, who was the driver and only person in the truck, appeared to be under the influence of narcotics. Officers arrested Nault and obtained a search warrant for the truck. During the search, officers found a 9mm pistol, three packages containing about 500 grams of meth and other drug paraphernalia. Nault was prohibited from possessing firearms because of a previous felony conviction in U.S. District Court.

Assistant U.S. Attorney Jeff Starnes prosecuted the case, which was investigated by the FBI, Havre Police Department, Montana Highway Patrol, Tri-Agency Task Force and Drug Enforcement Administration.

This case is part of Project Guardian, the U.S. Department of Justice’s recent initiative to reduce gun violence and enforce federal firearms laws, and Project Safe Neighborhoods, the USDOJ’s initiative to reduce violent crime. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 36% from 2013 through 2018. Through these initiatives, 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 – U.S. Attorney Kurt Alme today announced an award of $500,000 to Big Sky Youth Empowerment Project, Inc., as among Department of Justice grants to support mentoring services for youth and to protect children from abuse, exploitation and threats such as sex trafficking. The awards were made by the Office of Juvenile Justice and Delinquency Prevention and the Office for Victims of Crime, part of the Justice Department’s Office of Justice Programs.

Today’s award in Montana is part of more than $261 million going to organizations and agencies across the country.

“Young people in America face an array of challenges, from social and academic pressures to dangerous predators and lethal drugs. They are better equipped to meet those challenges with a model of care and compassion to guide them along,” said Principal Deputy Assistant Attorney General Katharine T. Sullivan. “These awards will support outstanding youth-serving organizations like the Cal Ripken Sr. Foundation, Big Brothers Big Sisters, Boys and Girls Clubs and their local affiliates across the country as they help youth discover their talents, find their purpose and realize their full potential. We are incredibly grateful to our mentorship programs, both nationally and locally. Badges in Blue and Badges for Baseball are great examples of successful community partnerships through law enforcement and mentoring.”

"Being a teenager is hard enough, but many youth are facing risks from substance abuse, homelessness, neglect and mental health issues. Mentoring programs provide vulnerable young adults with the support they need to grow and become productive and contributing members of their communities. I am pleased to announce this award for the Big Sky Youth Empowerment Project," U.S. Attorney Alme said.

Grants from OJP’s Office of Juvenile Justice and Delinquency Prevention will allow national, state and local organizations to provide mentoring to youth who are at risk of juvenile delinquency, victimization and juvenile justice system involvement. Mentoring programs supported by OJJDP help youth make connections with leaders and respected members of their communities, including law enforcement officers. Police and sheriffs’ departments have formed close and lasting bonds with young citizens, leading to greater trust and respect between law enforcement professionals and community members. Grants also address the impact of the addiction crisis on children and teens. Funds support mentoring in rural and other underserved communities hit hard by the opioid epidemic.

In addition, more than 100 sites are receiving grants from OJJDP and OVC to help find missing children, investigate and prosecute child exploitation cases, serve abused and neglected children, and assist minor victims of human trafficking.

The following organization in Montana received funding:

• Big Sky Youth Empowerment Project, Inc., $500,000

For a complete list of individual grant programs, amounts to be awarded and the jurisdictions that will receive funding, visit here and here.

Additional information about Fiscal Year 2020 grant awards made by the Office of Justice Programs can be found online at the OJP Awards Data webpage.

           

More information about OJP and its components can be found at www.ojp.gov.

 

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

 

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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 Oct. 6 was:

Dee Bad Bear, 59, of Crow Agency, on charges of assault with a dangerous weapon. If convicted of the most serious crime, Bad Bear faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Bad Bear was detained pending further proceedings. The FBI investigated the case. PACER case reference. 20-105.

Tracy Fonda Flanigan, 46, of Livingston, on charges of false statement during a firearms transfer, transfer of firearm to a prohibited person and false statement. If convicted of the most serious crime, Flanigan faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Flanigan was released pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 20-108.

Robert Nolan Dawes, 40, of Crow Agency, on charges of assault of dating partner/strangulation and assault resulting in serious bodily injury. If convicted of the most serious crime, Dawes faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Dawes was detained pending further proceedings. The FBI investigated the case. PACER case reference. 20-107.

Micah Garrett Waltenbaugh, 33, of Billings, 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, Waltenbaugh faces a mandatory minimum five years to 40 years in prison, a $5 million fine and at least four years of supervised release. Waltenbaugh was detained pending further proceedings. The FBI Western Transnational Organized Crime Task Force and Eastern Montana High Intensity Drug Trafficking Area Task Force investigated the case.  PACER case reference. 20-113.

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

Matthew Douglas Webb, 26, of Great Falls, on charges of prohibited person in possession of firearms. If convicted of the most serious crime, Webb faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Webb was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Great Falls Police Department investigated the case. PACER case reference. 20-62.

Rachelle Jo Kolden, 38, of Great Falls, on charges of conspiracy to possess with intent to distribute meth and possession with intent to distribute meth. If convicted of the most serious crime, Kolden faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. Kolden was detained pending further proceedings. The Drug Enforcement Administration and the Great Falls Police Department investigated the case. PACER case reference. 20-73.

Joseph Tyler Henderson, 27, of Havre, on charges of assault by strangulation and assault resulting in substantial bodily injury. If convicted of the most serious crime, Henderson faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Henderson was released pending further proceedings. The FBI and Rocky Boy's Police Department investigated the case. PACER case reference. 20-66.

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 today admitted to stealing firearms during a burglary of an outfitting store, U.S. Attorney Kurt Alme said.

Carlyle Ray Wells, 25, pleaded guilty to theft of a firearm from a federal firearms licensee. Wells faces a maximum 10 years in prison, a $250,000 fine, and three years of supervised release.

Chief U.S. District Judge Brian M. Morris presided. Sentencing was set for Feb. 4, 2021. Wells was detained.

In court documents filed in the case, the prosecution said evidence would show that on Nov. 30, 2019, Great Falls Police officers responded to a burglary alarm at North 40 Outfitters. Officers saw that a gun display case had been smashed and that several guns appeared to be missing. One rifle was on the floor, some distance from the display case.

Security footage at the business showed a small pickup truck had parked outside, just prior to the alarm. One individual exited the truck wearing gloves and a face covering, forcefully entered the store, broke the gun case, took several firearms and fled after dropping one rifle on the way out.

Officers identified the vehicle as a stolen Ford Ranger and located it on Dec. 2, 2019, about 600 feet from Wells' residence. Security footage showed an individual, whose clothing and physical description aligned with the North 40 burglar, walk toward Wells' residence carrying a large bag.

Law enforcement executed a search warrant at Wells' residence and recovered 16 firearms, 15 of which were stolen from North 40. Officers also recovered North 40 price tags for the stolen firearms. Home surveillance video obtained through a search warrant showed that Wells entered the residence shortly after the burglary carrying a large bag with a rifle and price tag sticking out.

In addition, an individual reported to Great Falls Police detectives that she had purchased three firearms from Wells soon after the break-in. Officers recovered the three firearms, which were identified as having been stolen during the burglary.

An audit showed that 27 firearms were stolen from North 40 in the burglary, not including the rifle that was dropped in the store.

Assistant U.S. Attorney Ethan Plaut is prosecuting the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, FBI, Great Falls Police Department and the Russell Country Drug Task Force.

This case is part of Project Guardian, a Department of Justice initiative launched in the fall of 2019 to reduce gun violence and enforce federal firearms laws. Through Project Guardian, the U.S. Attorney’s Office in the District of Montana is working to enhance coordination of its federal, state, tribal and local law enforcement partners in investigating and prosecuting gun crimes. In addition, Project Guardian supports information sharing and taking action when individuals are denied a firearm purchase by the National Instant Criminal Background Check System for mental health reasons or because they are a prohibited person.

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BILLINGS – A Billings man admitted methamphetamine trafficking crimes today after law enforcement officers seized about eight pounds of the drug and three handguns from his vehicle, U.S. Attorney Kurt Alme said.

Tyler James Fleming, 38, pleaded guilty to conspiracy to possess with intent to distribute meth and to possession with intent to distribute meth. Fleming faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release.

Fleming has pleaded not guilty to a count charging him with possession of a firearm in furtherance of a drug trafficking crime, and that charge is pending.

U.S. Magistrate Judge Timothy J. Cavan presided. Fleming was detained. A sentencing date has not yet been set.

Court documents filed by the prosecution said that in 2019, drug task force officers received information from sources that Fleming was trafficking drugs in the Billings area. In December 2019, investigators learned Fleming had traveled to Arizona and returned two days later. Officers conducted a traffic stop of Fleming's vehicle outside of Miles City and obtained a search warrant for the vehicle. Officers found about 3,700 grams of meth, which is 8.15 pounds and the equivalent of approximately 29,600 doses, drug paraphernalia and three handguns.

Assistant U.S. Attorney Julie Patten 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. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 36% from 2013 to 2018. 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 – U.S. Attorney Kurt Alme today announced $6,243,585 in Department of Justice grants to assist victims in Montana. The grants, awarded by the Department’s Office of Justice Programs, are part of almost $1.8 billion distributed to state victim assistance and compensation programs to fund thousands of local victim assistance programs across the country and to provide millions in compensation to victims of crime.

The Office for Victims of Crime, a component of the Department’s Office of Justice Programs, flagship formula grant program is supported by the Crime Victims Fund (the Fund), which was established under The Victims of Crime Act. The Fund supports a broad array of programs and services that focus on helping victims in the immediate aftermath of crime and continuing to support them as they rebuild their lives. In FY 2019 alone, VOCA grants served over seven million victims and paid more than $399 million in compensation claims.

“Advocates, service providers, and law enforcement agencies from around the country stand ready to help crime victims exercise their legal rights and reclaim their lives,” said Attorney General William P. Barr. “These new funding resources continue this administration’s unprecedented commitment to providing the support necessary for victims of crimes to be able to heal and recover.”

The awards made to organizations in Montana will support local direct victim service programs, including children’s advocacy centers, domestic violence shelters, rape crisis centers, human trafficking and elder abuse programs, civil legal services, crime victims’ rights enforcement, as well as victim assistance positions in prosecutors’ offices and law enforcement departments.

"These funds support important organizations in Montana providing critical protection and assistance to crime victims. They will also be used to lessen the financial losses experienced by victims. We are pleased these funds are coming to help Montana victims," U.S. Attorney Alme said.

The awards to Montana include the Montana Board of Crime Control, $5,785,585, for Victim Assistance; and the Montana Department of Justice, $458,000, for Victim Compensation.

State victim compensation programs will receive over $133 million to supplement the state funds that offset victims’ financial burdens resulting from crime. This compensation is often extremely vital to victims who face enormous financial setbacks from medical fees, lost income, dependent care, funeral expenses and other costs.

“The services made available by this funding represent a lifeline for tens of thousands of survivors each month, many of whom otherwise would have no place to turn in a moment of profound crisis,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General of the Office of Justice Programs. “These awards will help service providers, as well as law enforcement agencies and prosecutors’ offices respond to the many emotional and material challenges that crime victims in our country face every day.”

The Fund is financed by fines and penalties paid by convicted federal offenders and does not include tax dollars. More information about OJP and its components can be found at www.ojp.gov.

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BILLINGS – U.S. Attorney Kurt Alme today announced $1,894,452 in Department of Justice grants to improve services for crime victims in Montana. The grants, awarded by the Department’s Office of Justice Programs, are part of over $144 million distributed to enhance the district's response to victims of crime throughout the United States.

“The Department of Justice is steadfast in its commitment to protecting public safety and bringing justice to those who have been victimized,” said Attorney General William P. Barr. “The investments we are making today will support service providers as they work to secure the legal rights of victims and put survivors of criminal acts on the road to recovery.”

The awards made to organizations in Montana will advance the use of technology, improve community preparedness and law enforcement training and provide emergency and transitional shelter to assist victims of crime. Programs will also support victims of child abuse and fund research projects related to perpetrators and victims of elder abuse. Approximately $64.3 million was awarded under Office for Victims of Crime grant programs; over $54.1 million was awarded under Office of Juvenile Justice and Delinquency Prevention programs; over $19.9 million was awarded under Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking grant programs; and nearly $5.7 million was awarded under two National Institute of Justice grant programs.

"It takes remarkable courage for crime victims to recover and to hold the perpetrators accountable so they harm no more victims. We are very pleased these funds are coming to Montana to provide help and support to our victims," U.S. Attorney Alme said.

“As lockdowns and lawlessness fuel crime in America’s homes and communities, more people are vulnerable to victimization and those who have been victimized face new hurdles,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “The Office of Justice Programs is committed to giving our victim service partners the tools they need to better serve their clients and protect victims’ rights.”

The following organizations in Montana received funding:

• Montana Legal Services Association, $1,000,000
• Montana Board of Crime Control, $500,000
• Chippewa Cree Tribe, $394,452

More information about OJP and its components can be found at www.ojp.gov.

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BILLINGS – Today, the Department of Justice announced it has charged more than 500 domestic violence cases involving firearms during Fiscal Year (FY) 2020. A Department priority since 2019 when Attorney General William P. Barr created the Department of Justice’s first ever-Domestic Violence Working Group, these charges are the result of the critical law enforcement partnership between United States Attorneys’ Offices and the Bureau of Alcohol, Tobacco, Firearms and Explosives, led by Acting Director Regina Lombardo, who has made domestic violence firearms-related investigations a priority.

“Keeping firearms out of the hands of dangerous criminal offenders is one of the Department of Justice’s top priorities,” said Attorney General Barr. “This is especially important when it comes to individuals with prior domestic violence convictions. The statistics are clear that when domestic violence offenders have access to guns, their partners and their families are at much greater risk of falling victim to gun violence. In fact, in some communities across America, roughly half of the homicides are related to domestic violence. The Department of Justice is committed to keeping guns out of the hands of those who are prohibited from having them, and we will continue investigating and prosecuting all domestic violence firearms related crimes.”

 “According to the CDC, data suggests that about one in six homicide victims are killed by an intimate partner,” said ATF Acting Director Lombardo. “Nearly half of female homicide victims in the U.S. are killed by a current or former male intimate partner. ATF is committed to aggressively pursuing prohibited possession of firearms due to domestic violence convictions and certain protective orders. It is another way we prevent violent gun crime within our communities.”

Of the more than 500 cases charged, nine cases have been brought in Montana, U.S. Attorney Kurt Alme said.

"Since COVID arrived, domestic violence has increased in Montana. To protect future victims, it's even more imperative now that we keep firearms out of the hands of abusers," U.S. Attorney Alme said.

Under federal law, individuals with domestic violence misdemeanor and felony convictions, as well as individuals subject to domestic violence protective orders, are prohibited from possessing firearms. The data shows that offenders with domestic violence in their past pose a high risk of homicide. In fact, domestic violence abusers with a gun in the home are five times more likely to kill their partners.

The Working Group, chaired by U.S. Attorney Erin Nealy Cox, of the Northern District of Texas, disseminates legal guidance on keeping guns out of the hands of domestic violence abusers using three federal statutes:

• 18 USC § 922 (g)(1), felon in possession of a firearm
• 18 USC § 922 (g)(9), possession of a firearm by a prohibited person (misdemeanor crime of domestic violence)  
• 18 USC § 922 (g)(8), possession of a firearm while subject to a domestic violence protective order

Based on the Working Group’s guidance, in FY 2020, U.S. Attorneys’ Offices nationwide brought 337 domestic violence felon-in-possession charges, 54 possession while subject to a protective order charges, and 142 possession by a prohibited person charges.

For more information on domestic violence or to get help, visit the National Domestic Violence Hotline website or call 1-800-799-SAFE (7233).

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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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GREAT FALLS — A California man today was sentenced to 30 months in prison after he admitted to illegally possessing a firearm, U.S. Attorney Kurt Alme said.

Darryl Jason Dempsey, 30, of Vacaville, CA, pleaded guilty in June to prohibited person in possession of a firearm.

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

In court documents filed in the case, the prosecution said on June 7, 2019, law enforcement officers came into contact with Dempsey north of Outlook, about one mile south of the Canadian border. Dempsey told officers that his truck was stuck nearby and provided a description of the truck. Dempsey provided a false name and did not have any identification documents. He also had a large amount of cash on his person. Officers took Dempsey to the Border Patrol Station to be identified.

Officers located the truck, and a canine alerted to the presence of drugs. Officers impounded the truck and searched it. Underneath the backseat compartment, an officer found a loaded 9mm semi-automatic pistol. At the time of the offense, Dempsey was on probation in California for a felony conviction and was prohibited from possessing firearms.

Assistant U.S. Attorney Cassady Adams prosecuted the case, which was investigated by Homeland Security Investigations, the U.S. Border Patrol, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sheridan County Sheriff's Office.

This case is part of Project Guardian, a Department of Justice initiative launched in the fall of 2019 to reduce gun violence and enforce federal firearms laws. Through Project Guardian, the U.S. Attorney’s Office in the District of Montana is working to enhance coordination of its federal, state, tribal and local law enforcement partners in investigating and prosecuting gun crimes. In addition, Project Guardian supports information sharing and taking action when individuals are denied a firearm purchase by the National Instant Criminal Background Check System for mental health reasons or because they are a prohibited person.

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BILLINGS — A Whitefish man who admitted dealing heroin and having firearms for protection in Yellowstone County today was sentenced to seven years in prison and three years of supervised release, U.S. Attorney Kurt Alme said.

Joshua John Welliver, 32, pleaded guilty in January to possession with intent to distribute heroin, possession of a firearm in furtherance of a drug trafficking crime and prohibited person in possession of a firearm.

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

The prosecution said in court documents that Montana Department of Family Services caseworkers were at Welliver's residence in November 2019 in Yellowstone County when he became upset and started causing a disturbance. Welliver ran into his garage and began throwing around items. Yellowstone County Sheriff's deputies and Probation and Parole officers responded. Welliver admitted he had drugs and paraphernalia in the residence and that he had a firearm on his person when DFS workers arrived and had hidden it. Welliver showed officers where he had hidden the gun, a 9mm pistol, in the garage. Officers then found 65 grams of heroin hidden in a concealment container insider of Welliver's truck. Officers also located a bolt-action rifle inside a shed on the property.

Welliver admitted to officers he was a heroin dealer and said he had the guns to protect himself because people try to rob dealers if they have a lot of drugs. He also admitted he got the guns by trading heroin for them.

Welliver was prohibited from possessing firearms because of a felony conviction in Flathead County.

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

This case is part of Project Guardian, a Department of Justice initiative launched in the fall of 2019 to reduce gun violence and enforce federal firearms laws. Through Project Guardian, the U.S. Attorney’s Office in the District of Montana is working to enhance coordination of its federal, state, tribal and local law enforcement partners in investigating and prosecuting gun crimes. In addition, Project Guardian supports information sharing and taking action when individuals are denied a firearm purchase by the National Instant Criminal Background Check System for mental health reasons or because they are a prohibited person.

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BILLINGS — A Billings man with a felony record was sentenced today to four years in prison and three years of supervised release after law enforcement officers found a firearm in a running washing machine at his residence, U.S. Attorney Kurt Alme said.

Sean Craig Rayfield, 29, pleaded guilty in January to being a prohibited person in possession of a firearm.

U.S. District Judge Dana L. Christensen presided. Rayfield was detained.

In court records filed in the case the prosecution said that on July 5, 2019, Billings Police officers responded to a disturbance call at Rayfield's residence. Witnesses said Rayfield was engaged in a fight with individuals at a party and that he was seen possessing a firearm. Days later, law enforcement searched Rayfield's residence. During a search of the laundry room, officers found a firearm in a running washing machine. The firearm was a semi-automatic pistol with an attached laser sight. Rayfield was taken into custody. A co-defendant in the case told officers that Rayfield had purchased the firearm a couple of months earlier. Rayfield was prohibited from possession of firearms and ammunition because of a prior felony conviction in California.

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

This case is part of Project Guardian, a Department of Justice initiative launched in the fall of 2019 to reduce gun violence and enforce federal firearms laws. Through Project Guardian, the U.S. Attorney’s Office in the District of Montana is working to enhance coordination of its federal, state, tribal and local law enforcement partners in investigating and prosecuting gun crimes. In addition, Project Guardian supports information sharing and taking action when individuals are denied a firearm purchase by the National Instant Criminal Background Check System for mental health reasons or because they are a prohibited person.

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GREAT FALLS – The finance manager for William Tempel Construction today was arraigned on wire fraud charges alleging she stole more than $565,000 through a scheme of false and inflated subcontractor invoices billed to a client, U.S. Attorney Kurt Alme said.

Lynn Bapp Tempel, 59, pleaded not guilty to 10 counts of wire fraud as charged in an indictment. If convicted of the most serious crime, Tempel faces a maximum 20 years in prison, a $250,000 fine and three years of supervised release.

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

The charging documents are merely accusations and the defendant is presumed innocent until proven guilty.

The indictment alleges that Tempel managed the finances for William Tempel Construction, which entered into a contract to build a $4.41 million residence in Great Falls for a client. Beginning in May 2013, the indictment continues, Tempel inflated invoices from subcontractors on the project and provided those inflated invoices to the client for payment.

The indictment further alleges that Tempel falsified, altered and inflated approximately 153 subcontractor invoices. The alleged inflated invoices resulted in William Tempel Construction receiving about $565,456 from the client to which it was not entitled. During this same timeframe, Tempel withdrew about $566,848 from the company's business account.

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

PACER case reference. 20-75.

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 trafficking methamphetamine after law enforcement officers found the drug and more than $12,000 during a search at his home was sentenced today to 10 years in prison and five years of supervised release, U.S. Attorney Kurt Alme said.

John Jay Dudik, IV, 67, pleaded guilty in January to possession with intent to distribute meth.

U.S. District Judge Dana L. Christensen presided. Dudik was allowed to report to prison.

The prosecution said in court records filed in the case that Drug Enforcement Administration agents in March 2019 met with an individual who provided information that a male named Jay was providing large quantities of meth to another person and had pounds of the drug at his residence. The investigation led to a search warrant being executed on March 7, 2019 on Dudik's residence. Dudik was at home and detained during the search. Agents seized meth, which totaled about 144 grams of pure meth, $12,389 in currency from Dudik's safe, $950 from Dudik's person and other drugs and drug paraphernalia.

Dudik told agents he used a lot of meth and usually had an ounce at his house. He said thought he had about one and a half ounces of meth at the time of the search warrant execution. He claimed all of the meth he had was for personal and social use.

Assistant U.S. Attorney Julie Patten prosecuted the case, which was investigated by the DEA.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 36% from 2013 to 2018. 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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A Great Falls, Montana, businessman pleaded guilty today to employment tax fraud, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Kurt G. Alme for the District of Montana.

According to court documents and statements made in court, Trennis Baer owned and operated Baer Construction based in Great Falls, Montana. Beginning in 2010 and continuing through 2018, Baer did not file quarterly employment tax returns, nor did he pay employment taxes withheld from his employees’ wages to the IRS. Baer did not meet these legal requirements, despite the fact the company’s outside accountant from at least 2013 on prepared the appropriate employment tax returns and calculated the employment taxes due. In addition to not complying with his employment tax obligations, Baer willfully did not file personal income tax returns for the years 2001 to 2006, 2008, and 2010 to 2018. The total tax loss to the IRS from Baer’s conduct is more than $1.5 million.

Chief U.S. District Judge Brian Morris scheduled sentencing for Jan. 28, 2021. At sentencing, Baer faces a maximum sentence of five years in prison. Baer also faces a period of supervised release, restitution, and monetary penalties.

Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Alme commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorneys Matthew Hoffman and Eric Taffet of the Tax Division, who are prosecuting the case.

Additional information about the Tax Division and its enforcement efforts may be found on the Division’s website.

WASHINGTON – A Great Falls, Montana, businessman pleaded guilty today to employment tax fraud, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Kurt G. Alme for the District of Montana.

According to court documents and statements made in court, Trennis Baer owned and operated Baer Construction based in Great Falls, Montana. Beginning in 2010 and continuing through 2018, Baer did not file quarterly employment tax returns, nor did he pay employment taxes withheld from his employees’ wages to the IRS. Baer did not meet these legal requirements, despite the fact the company’s outside accountant from at least 2013 on prepared the appropriate employment tax returns and calculated the employment taxes due. In addition to not complying with his employment tax obligations, Baer willfully did not file personal income tax returns for the years 2001 to 2006, 2008, and 2010 to 2018. The total tax loss to the IRS from Baer’s conduct is more than $1.5 million.

Chief U.S. District Judge Brian Morris scheduled sentencing for Jan. 28, 2021. At sentencing, Baer faces a maximum sentence of five years in prison. Baer also faces a period of supervised release, restitution, and monetary penalties.

Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Alme commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorneys Matthew Hoffman and Eric Taffet of the Tax Division, who are prosecuting the case.

Additional information about the Tax Division and its enforcement efforts may be found on the Division’s website.

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The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

MISSOULA — A Texas resident to admitted to drug trafficking and firearms crimes after a traffic stop near Bozeman led to a trooper finding marijuana, cocaine and guns in his vehicle was sentenced today to five and one half years in prison and three years of supervised release, U.S. Attorney Kurt Alme said.

Anthony Jacob Lugo, 32, of Halingen, Texas, pleaded guilty in January to possession with intent to distribute marijuana and cocaine and possession of a firearm in furtherance of a drug trafficking crime.

U.S. District Judge Dana L. Christensen presided. Lugo was detained.

In court records filed in the case, the prosecution said a Montana Highway Patrol trooper pulled over Lugo's pickup truck on Interstate 90 near Bozeman on Aug. 28, 2017. The trooper detected a strong odor of raw marijuana coming from the cab. When the trooper had Lugo step out of the vehicle, he saw a pistol in a holster on the driver's seat. A K9 drug dog indicated on the truck, which was seized pending a search warrant.

During a search of the truck, law enforcement found jars of marijuana and cocaine, a drug ledger, a loaded .45-caliber pistol and a short-barreled rifle. Lugo admitted to owning the firearms.

Assistant U.S. Attorney Tim Racicot and former Assistant U.S. Attorney Tom Bartleson prosecuted the case, which was investigated by Missouri River Drug Task Force and the Montana Highway Patrol.

This case is part of Project Guardian, the U.S. Department of Justice’s recent initiative to reduce gun violence and enforce federal firearms laws, and Project Safe Neighborhoods, the USDOJ’s initiative to reduce violent crime. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 36% from 2013 through 2018. Through these initiatives, 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 federal judge convicted a Manhattan man of providing false information on a form when trying to buy a firearm, U.S. Attorney Kurt Alme said today.

U.S. District Judge Dana L. Christensen, on Oct. 1, found Joshua Rodney Meech, 29, guilty of false statement during a firearms transactions. The one-day bench trial was held on Sept. 28. Sentencing was set for Jan. 21, 2021. Meech was detained.

Meech faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release.

"Keeping firearms out of the hands of persons with protective orders is essential to keeping intimate partners and children safe, particularly during this pandemic when domestic violence is up. Persons who provide false information on firearms purchase forms will be prosecuted to the full extent of the law. I want to thank Assistant U.S. Attorney Cyndee Peterson and the Bureau of Alcohol, Tobacco, Firearms and Explosives for investigating and prosecuting this case," U.S. Attorney Alme said.

The prosecution presented evidence at trial that Meech attempted to buy a 9mm semi-automatic pistol from Bob Ward & Sons, Inc., in Bozeman on April 4. In court records filed in the case, the prosecution said Meech, while shopping for firearms at the store, completed a Firearms Transaction Report, known at ATF Form 4473, signed and dated the form and provided it to an employee for a background check. A few days later, Bob Ward's was notified that Meech's request had been denied.

Meech had checked a box on the form that he was not subject to a court order restraining him from harassing, stalking, or threatening his child, and intimate partner or the child of such a partner. On Jan. 10, the District Court in Gallatin County issued a temporary restraining order against Meech directing him not to commit any acts of violence or harass, threaten, abuse or stalk the petitioner, now his ex-wife, and three minor children. The parties agreed to a Stipulated Order of Protection, which was signed by Meech and his attorney, on Feb. 26. The Stipulated Order was to remain in effect until the parties mutually agreed to dissolve it or upon further order of the court. The Stipulated Order included the statement, "Federal law provides penalties for possessing, transporting, shipping or receiving any firearm or ammunition."

The Stipulated Order was terminated on May 20 by a motion from the petitioner.

Assistant U.S. Attorney Cyndee Peterson is prosecuting the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

This case is part of Project Guardian, a Department of Justice initiative launched in the fall of 2019 to reduce gun violence and enforce federal firearms laws. Through Project Guardian, the U.S. Attorney’s Office in the District of Montana is working to enhance coordination of its federal, state, tribal and local law enforcement partners in investigating and prosecuting gun crimes. In addition, Project Guardian supports information sharing and taking action when individuals are denied a firearm purchase by the National Instant Criminal Background Check System for mental health reasons or because they are a prohibited person.

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MISSOULA — A former Billings coal mining official who admitted defrauding companies of more than $20 million and lying to investigators about being kidnapped was sentenced today to five years in prison and three years of supervised release, U.S. Attorney Kurt Alme said.

Larry Wayne Price, Jr., 40, pleaded guilty in December 2018 to three counts of wire fraud, conspiracy to commit money laundering and false official statement.

U.S. District Judge Dana L. Christensen presided. Price was released and allowed to report to prison.

Restitution will be determined at a later date.

"The defendant's crimes resulted in staggering financial losses and harm to many people, including some who lost their entire life's savings, all so he could live in luxury. Today's sentence is a warning to anyone considering looking for 'easy money' from others: You will be caught and you will go to prison. This case also serves as a reminder to all investors to be sure to do thorough due diligence before investing," U.S. Attorney Alme said.

 The prosecution said in court documents that from October 2016 until April 2018, Price embezzled about $20,321,134 from three coal-related companies. Price was vice president of surface activities at Signal Peak Energy and also operated a private business called 3 Solutions, LLC, whose primary purpose was to supply chemicals to Signal Peak Energy. 

Price defrauded three coal-mining related firms: Ninety M, LLC, a Wyoming company of investors looking to invest in coal mining projects; Three Blind Mice, LLC, another Wyoming company with investors seeking to invest in mining; and Signal Peak Energy.

Based on his reputation as a coal mining expert, Price convinced Three Blind Mice to lend him $7.5 million, saying that 3 Solutions had a contract with a Pennsylvania coal company to install coal mining equipment. Price proposed that Three Blind Mice lend him the $7.5 million for expenses, and he would repay $11 million on Jan. 31, 2018. Three Blind Mice signed an unsecured promissory note and wired 3 Solutions the funds. Price defaulted on the loan. There was no contract between 3 Solutions and a Pennsylvania coal mine. Instead, Price spent the $7.5 million on unrelated expenses.

In another scheme, Price convinced Ninety M’s investors to appoint him as a company representative to help it buy and develop a coal mining property in Tazewell, VA, and to help develop other coal-related ventures. Price engaged in a series deals with other companies on behalf of Ninety M in which he solicited about $13.5 million from the firm, of which $10,475,000 was fraudulently obtained.

Meanwhile, as an employee of Signal Peak Energy, Price fraudulently induced the company to buy coal-related equipment from a firm knowing that the firm would not actually provide the equipment. The firm funneled the money to Price through a bank account registered to 3 Solutions. The scheme defrauded Signal Peak Energy of about $2,396,134.

In April 2018, the Ninety M investors began to question some of the transactions involving Price and had confronted him on the telephone. By then, Price had moved back to Virginia, his former residence.

On April 18, 2018, Price learned Ninety M was sending representatives to confront him about the fraudulent transactions. Price contacted a woman he knew and agreed to hide at a house the woman had rented.

The same day, Price’s wife reported him missing to Virginia authorities and local law enforcement responded. Late that night, Price was located on the side of the road in Gratton, VA., and was taken to a hospital for treatment and released.

In statements to law enforcement agencies, including the FBI and IRS, Price falsely claimed he had been kidnapped by men who may have been associated with an outlaw motorcycle gang. Price claimed the men took him in a van, threatened him and threw him from the moving vehicle onto the side of the road.

Price knew his statements about his alleged kidnapping were false and that he was not abducted by anyone. The false statements cost the government significant investigative resources and hampered the investigation into Price’s own wrongdoing.

Assistant U.S. Attorneys Colin Rubich, Zeno Baucus and Tim Tatarka, along with Assistant U.S. Attorney Randy Ramseyer, of the Western District of Virginia, prosecuted the case. The FBI, IRS and the Montana State Auditor investigated the case.

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GREAT FALLS — A Wolf Point woman who admitted selling large quantities of the pain medication, oxycodone, on the Fort Peck Indian Reservation was sentenced today to 15 months in prison and two years of supervised release, U.S. Attorney Kurt Alme said.

Jennifer Lee Marie Walkingeagle, 30, pleaded guilty in June to conspiracy to possess with intent to distribute oxycodone.

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

In court documents filed in the case, the prosecution said Walkingeagle's vehicle was stopped for speeding on the Fort Peck Indian Reservation on April 30, 2019. Walkingeagle told the trooper she did not have a license and provided a false name. The trooper ticketed Walkingeagle and allowed one of the passengers to drive the vehicle.

The trooper subsequently learned Walkingeagle's true identity and that she had an active tribal court warrant. The trooper found the vehicle in a driveway of a residence, conducted an investigation on scene and searched the vehicle with Walkingeagle's consent. The officer found 251 oxycodone pills and other items in the vehicle.

Walkingeagle admitted during an interview to traveling to Williston, N.D., to meet her drug supplier, who was traveling by train from Chicago. Walkingeagle distributed oxycodone pills on the Fort Peck Indian Reservation from January 2019 to May 2019.

Assistant U.S. Attorney Cassady Adams prosecuted the case, which was investigated by the FBI, Fort Peck Tribes Department of Law and Justice, and Montana Highway Patrol.

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BILLINGS –   A Bozeman doctor today admitted charges that he illegally dispensed appetite suppressant drugs at two weight loss clinics in Bozeman and Billings, U.S. Attorney Kurt Alme said.

Dr. Ronald M. Buss, 71, pleaded guilty to an information charging him with two counts of unlawful dispensing and distribution of controlled substances by registrant, a misdemeanor. Buss faces a maximum one year in prison, a $100,000 fine and one year of supervised release on each count.

U.S. Magistrate Judge Timothy J. Cavan presided. Buss was released pending further proceedings. A sentencing date has not yet been set.

Court documents filed by the prosecution said that in 2009, Buss became the medical director for Go Figure, a weight loss clinic in Bozeman, and a year later became the director for Go Figure in Billings. Buss is registered with the Drug Enforcement Administration and is authorized to dispense controlled substances. His registration number has been used at the two Go Figure clinics for controlled substance prescriptions.

Go Figure has prescribed three types of weight loss drugs: Phendimetrazine and Benzphetamine, both Schedule III controlled substances, and Phentermine, a Schedule IV controlled substance. These drugs are amphetamine-based and intended for short-term use. The drugs also are indicated only for severely overweight or obese individuals and may be contraindicated for people with some health conditions.

In August 2016, the Billings DEA received information from a pharmacist that Go Figure was illegally dispensing these three controlled appetite suppressants from its clinic. In July 2016, Buss began pre-signing prescriptions for Go Figure staff to complete. Go Figure had no medically trained staff other than Buss. An employee at the Billings clinic told investigators Buss pre-signed prescriptions for new and current clients, and that staff would choose one of the three drugs, its strength, directions for use and complete the written prescription. Patients paid $50 per week to be weighed, have their blood pressure taken and receive a prescription for one week's worth of the selected drug.

At the Bozeman clinic, an employee told law enforcement that she was a "consultant," met with patients and prescribed controlled substances on blank, pre-signed prescriptions from Buss. Staff repeatedly questioned the practice but were continually assured Go Figure had special permission to do so and that it was legal. In addition, the employee said that from 2009 to 2016, the Bozeman clinic was dispensing the appetite suppressants directly from the clinic without issuing written prescriptions.

Clinic employees further said Buss did not meet many of the patients for months or years after they began taking the drugs. In some instances, Buss never saw the patients at all. Patients confirmed to DEA investigators that they rarely, if ever, met with Buss.

When interviewed, Buss admitted to investigators to pre-signing blank prescriptions and not seeing patients until after they started taking the drugs. Buss claimed that was only way to run the practice effectively.

Assistant U.S. Attorney Karla Painter is prosecuting the case, which was investigated by the Drug Enforcement Administration.

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BILLINGS— U.S. Attorney Kurt Alme today announced $9,061,668 in Department of Justice grants to improve public safety, serve victims of crime and support youth programs in tribal communities in Montana.

“American Indian and Alaska Native communities experience rates of violent crime and domestic abuse that are among the highest in the nation,” said Attorney General William P. Barr. “The awards announced today underscore the Department of Justice’s deep commitment to improving public safety in tribal communities throughout the United States. This administration will continue to work closely with our tribal partners to guarantee that they have the resources they need to combat violence and bring criminals to justice.”

"Our American Indian neighbors deserve to be safe. Methamphetamine, alcohol and now COVID-19 are causing significant violence in our tribal communities. We are very pleased that these funds are going directly to our tribal governments to enhance public safety and protect women and other victims of crime," U.S. Attorney Alme said.

A total of more than $103 million is being awarded to tribes across the country under the Justice Department’s Coordinated Tribal Assistance Solicitation. CTAS supports activities that enhance law enforcement and tribal justice practices, expand victim services and sustain crime prevention and intervention efforts. CTAS grants are administered by the Department’s Office of Justice Programs ($41.5 million), Office on Violence Against Women ($39.1 million) and Office of Community Oriented Policing Services ($22.5 million).

Montana tribes receiving CTAS grants totaling $5,024,552 are the Chippewa Cree Tribe of the Rocky Boy's Reservation, $683,864; Confederated Salish and Kootenai Tribes, $3,024,726; and the Fort Peck Assiniboine and Sioux Tribes, $1,315,962.

An additional $113 million is being awarded to 133 applicants nationwide under the Tribal Victim Services Set-Aside Program. This program, managed by OJP’s Office for Victims of Crime, is designed to help tribes develop, expand and improve services to victims of crime and promote other public safety initiatives.

Montana tribes receiving Tribal Victim Services Set-Aside Program grants totaling $4,037,116 are the Crow Tribe, $898,003; Fort Belknap Indian Community, $694,698; Chippewa Cree Tribe, $478,311; Blackfeet Tribe, $1,188,088; and the Fort Peck Assiniboine & Sioux Tribes, $778,016.

“Public safety officials and victim service providers in Indian country face exceptional challenges, but they bring to their work an extraordinary array of skills and resources that enable them to meet and overcome any obstacle,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “The Office of Justice Programs is proud to help fulfill Attorney General Barr's strong commitment – and the federal government's long-standing responsibility – to our tribal partners in the matter of their citizens' safety and wellbeing.”

In addition to the CTAS and Tribal Victim Services Set-Aside awards, the Office on Violence Against Women is making additional tribal awards of more than $31 million to support a wide range of efforts to address the crimes of domestic violence, dating violence, sexual assault, stalking and human trafficking.

“OVW’s funding supports Native American and Alaska Native communities as they work across their communities to prevent and respond to gender based violence,” said OVW Principal Deputy Director Laura L. Rogers. “These awards represent the strong commitment that OVW has made to help protect the most vulnerable members of tribal communities.”

Additional awards to support tribal public safety efforts are being made by OJP and the COPS Office. These grants will provide community policing training and other training and technical assistance. Awards will also address the needs of tribal youth, fund tribal reentry efforts, help tribes combat substance abuse and manage sex offenders, and support tribal research. In addition, funds support efforts in 17 tribal communities to address the challenges posed by the outbreak of COVID-19.

“Ensuring our nation’s tribal communities have the resources they need is paramount for the COPS Office and the Department of Justice,” said COPS Office Director Phil Keith. “These awards are a critical component to the overall public safety strategy for tribal law enforcement and the COPS Office is honored to provide vital resources to hire more sworn officer positions, advance tribal training and procure equipment needed to keep communities safe.”

A full listing of all the announced CTAS awards is available here.

A full listing of all Tribal Victim Services Set-Aside Program awards is available here.

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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BILLINGS—A Nevada man convicted of trafficking methamphetamine after an investigation in which he distributed the drug during an undercover purchase was sentenced today to five years in prison and four years of supervised release, U.S. Attorney Kurt Alme said.

After a two-day trial in November, a jury found Ryan McGuire, 39, of Mound House, Nevada, guilty of conspiracy to distribute meth and distribution of meth.

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

At trial, the prosecution presented evidence that DEA agents learned in May 2016 that a Billings woman, Angela Killen, was selling pills. In September 2016, an undercover agent met with Killen, who indicated she could introduce him to a source for meth. The agent purchased hydromorphone pills from Killen and paid a referral fee for Killen to introduce him to her meth source.

Later in September 2016, undercover agents returned to Killen’s residence and bought about 26 grams of meth from Killen and McGuire. McGuire pulled a package of meth from his jacket and passed it to Killen, who then gave it to one of the agents. The other agent paid Killen $2,200 for the meth. The investigation also showed that McGuire’s phone was in contact with Killen’s phone on the dates leading up to the meth deal as well as on the day of the transaction.

Killen was convicted in the investigation and sentenced to seven years in prison.

Assistant U.S. Attorney Cassady Adams prosecuted the case, which was investigated by the Drug Enforcement Administration.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 36% from 2013 to 2018. 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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BILLNGS — The U.S. Attorney's Office for the District of Montana, along with the U.S. Department of Justice, today announced historic national health care fraud and opioid enforcement actions as part of an investigation that includes the indictments of two Montana nurse practitioners accused of participating in a telemedicine scheme to defraud Medicare of almost $10 million.

Acting Assistant Attorney General Brian C. Rabbitt, of the Justice Department's Criminal Division, said the action involves 345 charged defendants across 51 federal districts, including more than 100 doctors, nurses and other licensed medical professionals.

These defendants have been charged with submitting more than $6 billion in false and fraudulent claims to federal health care programs and private insurers, including more than $4.5 billion connected to telemedicine, more than $845 million connected to substance abuse treatment facilities, or “sober homes,” and more than $806 million connected to other health care fraud and illegal opioid distribution schemes across the country. 

“This nationwide enforcement operation is historic in both its size and scope, alleging billions of dollars in healthcare fraud across the country,” said Acting Assistant Attorney Rabbitt.  “These cases hold accountable those medical professionals and others who have exploited health care benefit programs and patients for personal gain.  The cooperative law enforcement actions announced today send a clear deterrent message and should leave no doubt about the department’s ongoing commitment to ensuring the safety of patients and the integrity of health care benefit programs, even amid a national health emergency.”

The largest amount of alleged fraud loss charged in connection with the cases announced today – $4.5 billion in allegedly false and fraudulent claims submitted by more than 86 criminal defendants in 19 judicial districts – relates to schemes involving telemedicine:  the use of telecommunications to provide health care services remotely. 

 According to court documents, certain defendant telemedicine executives allegedly paid doctors and nurse practitioners to order unnecessary durable medical equipment, genetic and other diagnostic testing, and pain medications, either without any patient interaction or with only a brief telephonic conversation with patients they had never met or seen.  Durable medical equipment companies, genetic testing laboratories, and pharmacies then purchased those orders in exchange for illegal kickbacks and bribes and submitted false and fraudulent claims to Medicare and other government insurers.

The continued focus on prosecuting health care fraud schemes involving telemedicine builds on the efforts and impact of the 2019 “Operation Brace Yourself” Telemedicine and Durable Medical Equipment Takedown, which resulted in an estimated cost avoidance of more than $1.5 billion in the amount paid by Medicare for orthotic braces in the 17 months following that takedown.

Two Montana indictments unsealed today separately charge nurse practitioners Mark Allen Hill, 54, of Edenburg, N.D., and whose address of record for participation in the Medicare program was Cut Bank, and Janae Nichole Harper, 33, of Kalispell and formerly of Billings, with conspiracy to commit health care fraud and health care fraud. Each defendant is accused of receiving money to sign unnecessary brace orders, often without ever talking to the Medicare beneficiary to determine whether the braces were medically necessary. 

The indictment charging Hill alleges he signed fraudulent medical orders for braces resulting in more than $10 million in claims to Medicare, of which the government paid more than $5 million.  Similarly, the indictment charging Harper alleges she signed fraudulent medical orders for braces resulting in more than $8 million in claims to Medicare, of which the government paid more than $4 million. 

If convicted of the most serious crimes, Hill and Harper face a maximum 10 years in prison and a $250,000 fine. The indictments are merely accusations, and the defendants are presumed innocent until proven guilty. Arraignments for Hill and Harper are set for Oct. 27 in Great Falls before U.S. Magistrate Judge John T. Johnston. The cases are being prosecuted by Assistant U.S. Attorney Michael A. Kakuk and Robyn N. Pullio, trial attorney, Fraud Section, Criminal Division of the Justice Department. Pacer case reference numbers: 20-67 and 20-65.

Today’s enforcement actions were led and coordinated by the Criminal Division, Fraud Section’s Health Care Fraud Unit, in conjunction with its Health Care Fraud and Appalachian Regional Prescription Opioid (ARPO) Strike Force program, and its core partners, the U.S. Attorneys’ Offices, HHS-OIG, FBI, and DEA, as part of the department’s ongoing efforts to combat the devastating effects of health care fraud and the opioid epidemic.  The cases announced today are being prosecuted by Health Care Fraud and ARPO Strike Force teams from the Criminal Division’s Fraud Section, along with 43 U.S. Attorneys’ Offices nationwide, and agents from HHS-OIG, FBI, DEA, and other various federal and state law enforcement agencies. 

The following documents related to today’s announcement are available on the Criminal Division, Fraud Section’s Health Care Fraud Unit website through the following links:

• Graphics, Images and Resources: https://www.justice.gov/criminal-fraud/hcf-2020-takedown/graphics-images-resources
• Case Descriptions:  https://www.justice.gov/criminal-fraud/hcf-2020-takedown/case-descriptions
• Court Documents:  https://www.justice.gov/criminal-fraud/hcf-2020-takedown/court-documents

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GREAT FALLS — A Box Elder man who admitted having sex with a minor girl and to recording the activity on his cell phone was sentenced today to 10 years in prison and five years of supervised release, U.S.  Attorney Kurt Alme said.

Christopher Brown, 32, pleaded guilty in June to possession of child pornography and to sexual abuse of a minor.

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

"The defendant not only subjected this child to repeated sexual abuse for his own gratification, but he also filmed the act of exploiting the child for his own gratification. The sentence in this case should serve as a warning that those who traumatize our children will be prosecuted to the full extent of the law," U.S. Attorney Alme said.

The prosecution said in court documents that from July 2018 to January 2020, Brown had sex with a minor girl on the Rocky Boy's Indian Reservation. On Jan. 2, 2020, Brown video recorded himself having sex with the victim and kept that video on his cell phone. Brown began messaging the victim on social media when she was 11 years old.  

In an interview with the FBI, Brown admitted he had been in a sexual relationship with the victim since 2018 and had had intercourse with her six times. Brown also admitted to making a video of a recent sexual encounter with the victim and that the video was on his cell phone.

Assistant U.S. Attorney Jared Cobell prosecuted the case, which was investigated by the FBI and Chippewa Cree Law Enforcement Services.

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