District of Montana

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

Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on March 6 was:

Billy Dean Smith, 55, of Big Arm, on charges of sexual exploitation of a child, distribution of child pornography and possession of child pornography. If convicted of the most serious crime, Smith faces a minimum 15 years to 30 years in prison, a $250,000 fine and five years to life of supervised release. Smith was detained pending further proceedings. The FBI investigated the case. Pacer case reference. 20-16.

Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on March 2 was:

Douglas Floyd Main, 33, of Harlem, on charges of strangulation and domestic abuse by habitual offender. If convicted of the most serious crime, Main faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Main was detained pending further proceedings. The FBI and Fort Belknap Law Enforcement investigated the case. Pacer case reference. 20-14.

Appearing on March 5 was:

Billie Jo Myo, 40, of Great Falls, on charges of conspiracy to possess with intent to distribute controlled substances and possession with intent to distribute controlled substances. If convicted of the most serious crime, Myo faces a minimum mandatory five years to 40 years in prison, a $5 million fine and three years of supervised release. Myo was detained pending further proceedings. The Drug Enforcement Administration and Great Falls Police Department investigated the case. Pacer case reference. 20-08.

Robert Matthew Paul Mitchell, Sr., 44, of Box Elder, on charges of failure to register. If convicted of the most serious crime, Mitchell faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Mitchell was detained pending further proceedings. The U.S. Marshals Service investigated the case. Pacer case reference. 20-07.

Clayton Gary Bailey, 48, and Brigitte Ann Bailey, 43, both of Big Sandy, 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, the Baileys face a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. Both defendants were detained pending further proceedings. The FBI, Tri-Agency Task Force and Chippewa Cree Law Enforcement Services investigated the case. Pacer case reference. 20-04.

Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on March 5 was:

Charles Allen Wallette, 58, of Billings, on charges of conspiracy to possess with intent to distribute meth, possession with intent to distribute meth and prohibited person in possession of a firearm. If convicted of the most serious crime, Wallette faces a minimum mandatory 10 years to life in prison, a $10 million fine and five years of supervised release. Wallette was released pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Drug Enforcement Administration investigated the case. Pacer case reference. 20-12.

If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.

To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

BILLINGS—A Helena man convicted at trial of illegally possessing firearms was sentenced today to 87 months in prison and three years of supervised release, U.S. Attorney Kurt Alme said.

A jury in October found Brandon Best Gordon, 32, of Helena, guilty of felon in possession of a firearm after a two-day trial.

U.S. District Judge Scott W. Skavdahl, of Wyoming, presided.

At trial, the prosecution presented evidence that Gordon, a convicted felon, possessed two firearms in Park and Sweet Grass counties on July 17, 2018. The firearms had been stolen earlier in two separate break-ins in Great Falls. The firearms were identified as a 9mm semi-automatic pistol and a .40 caliber semi-automatic pistol.

The firearms were in a backpack Gordon was carrying when he left a suspected drug house in Livingston and got into a vehicle that was being followed by Park County Sheriff’s Office detectives. A Montana Highway Patrol trooper, who was familiar with the vehicle and its driver from previous drug activity information, stopped the vehicle for traffic violations. Gordon was a passenger. Law enforcement served a state search warrant on the vehicle and found the backpack with the firearms. Gordon was convicted in 2012 of felony crimes in Montana.

Assistant U.S. Attorney Paulette Stewart prosecuted the case which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Montana Highway Patrol.

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—An Anaconda man who admitted making a bomb was sentenced today to four years in prison and three years of supervised release, U.S. Attorney Kurt Alme said.

Maxie Richard Arthur, 43, pleaded guilty in November to possession of an unregistered firearm.

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

In court documents filed in the case, the prosecution said Arthur possessed a destructive device, a bomb, which was not registered to him in the National Firearms Registration and Transfer Record. In August 2019, law enforcement arrested Arthur on another offense and in a search of his residence, found firearms and a bomb made by Arthur.

Arthur acknowledged to law enforcement he made the bomb and that he and a friend were going to buy zombie mannequins that bleed to see what the bomb did when it blew up. He also acknowledged, buying, possessing and shooting the firearms and that because he was a convicted felon, he was prohibited from possessing them.

Assistant U.S. Attorney Paulette Stewart prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Anaconda-Deer Lodge County Law Enforcement.

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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GREAT FALLS—A Lodge Pole man convicted at trial for assaulting his girlfriend on the Fort Belknap Indian Reservation was sentenced today to 21 months in prison and three years of supervised release, U.S. Attorney Kurt Alme said.

A jury found Jeremy Davis Wing, 40, guilty of domestic abuse by habitual offender.

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

During a trial in November, the prosecution presented evidence that Wing physically assaulted his girlfriend on May 19, 2018 and into the next day. Wing and the victim were living together at the time of the assault. The two were drinking alcohol with another man and woman when the couple argued. Wing became violent with the victim and also told the woman to beat up on the victim. Both Wing and the woman assaulted the victim. At trial, the parties stipulated that Wing had at least two prior separate domestic assault convictions.

Assistant U.S. Attorneys Jared Cobell and Kalah Paisley prosecuted the case, which was investigated by the FBI and Fort Belknap Law Enforcement Services.

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MISSOULA—A Kalispell woman who admitted bringing methamphetamine from Washington to distribute in Montana was sentenced today to one year and one day in prison and five years of supervised release, U.S. Attorney Kurt Alme said.

Carly Deann Halcro, 36, pleaded guilty in November to possession with intent to distribute meth.

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

In court records filed in the case, the prosecution said law enforcement received information in April 2018 that Halcro was traveling to Washington to get multiple pounds of meth for redistribution. Halcro traveled to Spokane in June 2018. Law enforcement got a search warrant for Halcro’s vehicle, conducted a traffic stop when she returned to Montana and found about one pound of pure meth in the vehicle. One pound of meth is the equivalent of about 3,624 doses.

Halcro admitted in an interview that she had been receiving pound quantities of meth from a source of supply.

Assistant U.S. Attorney Cyndee Peterson prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration and the Lincoln 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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BILLINGS—A Billings man who admitted possessing methamphetamine for distribution was sentenced today to 48 months in prison and five years of supervised release, U.S. Attorney Kurt Alme said.

Michael Alan McNulty, 55, pleaded guilty in October to possession with intent to distribute.

U.S. District Judge Susan P. Watters presided. Judge Watters also ordered McNulty to forfeit $5,895.

The prosecution said in court records that McNulty was arrested after law enforcement observed suspected drug sales occurring at several Billings residences. Officers followed a truck registered to McNulty as it left one residence and went to another residence, where McNulty and a female driver left the truck, entered the residence and left about 15 minutes later. The truck then went to another residence known to officers to be associated with illegal drug sales. McNulty entered that residence, left about five minutes later and got back into the truck, which drove away.

Officers stopped the truck after observing it make several traffic violations. McNulty consented to a search of the truck and officers found meth. McNulty also said he had a couple of ounces of meth on his person, which officers confirmed by searching him. In addition, McNulty admitted he had sold a gram of meth at the previous residence.

Assistant U.S. Attorney Karla Painter 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 – A jury on Tuesday convicted a Billings man accused of bringing large quantities of methamphetamine to the community for redistribution and possessing firearms to further the crime, U.S. Attorney Kurt Alme said.

The jury found Maurice Joseph Fregia, 33, guilty of conspiracy to possess with intent to distribute meth, possession with intent to distribute meth and possessing a firearm in furtherance of a drug trafficking crime.

The two-day trial began on Monday.

Fregia faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release on the drug crimes and a mandatory consecutive five years to life in prison, a $250,000 fine and five years of supervised release on the firearm possession crime.

U.S. District Judge Susan P. Watters presided. Sentencing is set for July 23. Fregia was detained.

“Meth dealers with firearms are causing violence in our communities and pushing Montanans toward addiction. We will continue to prosecute dealers like Fregia and his co-conspirators to the full extent of the law. I want to thank Assistant U.S. Attorneys Colin Rubich and Julie Patten, along with the Eastern Montana High Intensity Drug Trafficking Area Task Force, the FBI and the Billings Police Department for their good work investigating and prosecuting this case,” U.S. Attorney Alme said.

The prosecution presented evidence at trial that Fregia, along with co-defendant Chad Beres, headed a large drug trafficking organization that brought large quantities of meth and other drugs into Montana from California. In April 2018, law enforcement officers with the Eastern Montana High Intensity Drug Trafficking Area Task Force served three search warrants on three Billings residences, including a house where Fregia and Beres lived.  Both Fregia and Beres were present during the search. Officers found almost 700 grams of meth, which is about 1.5 pounds and about 5,600 doses, sticking out of a clothes dryer vent, $14,538 in currency, jewelry, including a Rolex watch in Beres’ room, other drugs and various firearms and ammunition. Beres pleaded guilty to charges and was sentenced to 15 years in prison.

During the search of a second residence, occupied by co-defendant Larry Barnett, agents found meth and a handgun. Barnett, who pleaded guilty and was sentenced to seven years in prison, admitted he had received multiple pounds of meth from Fregia and Beres and had seen both men with firearms.

Assistant U.S. Attorneys Colin Rubich and Julie Patten are prosecuting the case, which was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force, the FBI and the Billings Police Department.

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—The U.S. Attorney’s Office is hosting a training program on Thursday, March 12, at Pilgrim Congregational United Church of Christ in Bozeman to share best practices for security at places of worship.  

The Protecting Places of Worship Forum will be offered in two sessions. The first session will be from 1 p.m. to 4 p.m. and the second session will be from 6 p.m. to 8:30 p.m. Pilgrim Congregational Church is located at 2118 S. 3rd Ave., Bozeman, MT 59715.

The free interfaith meeting will provide faith-based leaders and community members an opportunity to discuss and learn how to prevent and respond to hate crimes against places of worship. Topics will include an overview of religious hate crimes, preventing and responding to active shooter situations, hate crimes statistics and symbols and securing places of worship.

Invited speakers include U.S. Attorney Kurt Alme and representatives from the FBI, Gallatin County Sheriff’s and County Attorney’s offices, Bozeman Police Department and area churches.

The U.S. Department of Justice’s Community Relations Service and the U.S. Attorney’s Office organized the program.

All faith-based community leaders and members are welcome to attend. Please RSVP by March 10 to Brendan McCarthy, Assistant U.S. Attorney, U.S. Attorney’s Office, 406-247-4656, Brendan.mccarthy@usdoj.gov or Rosa Salamanca, Senior Conciliation Specialist, Community Relations Service, 303-844-2974, Rosa.Salamanca@usdoj.gov.

For more information on DOJ’s Community Relations Service, visit www.justice.gov/crs, on Twitter @DOJ_CRS or Facebook at facebook.com/DOJCRS/.

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BILLINGS – U.S. Attorney Kurt Alme and Montana Department of Justice’s Division of Criminal Investigation Administrator Bryan Lockerby have been appointed to head the Rocky Mountain High Intensity Drug Trafficking Area (RMHIDTA) Executive Board.

Administrator Lockerby is the chairman, and U.S. Attorney Alme is the vice chair. Alme will serve as chairman next year. Alme, Lockerby and Billings Police Chief Rich St. John also serve as the Montana Executive Subcommittee for the RMHIDTA.

The RMHIDTA, based in Denver, CO, brings together federal, state, local and tribal law enforcement to target large drug-trafficking organizations. Montana, along with Colorado, Utah and Wyoming are part of the RMHIDTA. The White House Office of National Drug Control Policy oversees 29 HIDTA programs nationwide.

RMHIDTA’s Executive Board is responsible for identifying major threats, developing strategies to address those threats and allocating funds to the various drug task forces that have HIDTA designation. The Executive Board also is responsible for policy and procedures, assuring annual fiscal and operational audits are completed and that HIDTA task forces meet expectations.

 “It’s an honor to be selected to lead the four Rocky Mountain states during such a critical time,” Lockerby said. “State borders mean little to drug traffickers and so interagency cooperation on regional strategies is the best way to disrupt illicit drug operations. As a task force our goal is to provide law enforcement professionals in the Rocky Mountains states with tools that will help them do their critical work.”

RMHIDTA Director Tom Gorman praised Montana’s leadership and law enforcement community. “I’m from the East Coast and did 30 years of law enforcement in California. I have learned a great deal about relationships in Montana’s criminal justice system. They are highly motivated and work well together,” Gorman said.

“I can’t say enough about U.S. Attorney Alme, DCI Administrator Lockerby and Billings Police Chief Rich St. John for their support, guidance and always striving to make things better. Honestly, they can be a pain but always for the right reason, and that is to make our program more effective and efficient. They keep staff hopping and on their toes, which is a good thing,” Gorman said.

“Meth and other drugs are causing violent crime and many other serious problems,” U.S. Attorney Alme said. “Along with effective prevention and treatment, we need to remove these dangerous dealers from our communities. I am honored to work with Administrator Lockerby, Director Gorman and all the men and women of the task forces who work hard every day to keep these poisons out of our communities.”

Montana plays a major role in the program, with five HIDTA task forces, a Montana Highway Patrol Criminal Interdiction program and a prevention and treatment component of drug policy. Montana’s law enforcement also participates in the leadership of the program. For the past 10 years, a key committee that manages budgets and allocation of funds has been chaired by Chief St. John and more recently by Administrator Lockerby.

MHIDTA manages 23 multi-agency drug task forces, four criminal interdiction programs, training, intelligence and management initiatives. This includes 10 federal, 15 state and 109 local agencies with a total of more than 500 full-time sworn personnel and 50 support personnel, including analysts. These task forces annually average dismantling or disrupting more than 100 international, multi-state or local drug-trafficking organizations.

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BILLINGS–A Billings man admitted conspiracy charges today after agents investigating methamphetamine trafficking found 32 pounds of meth and $11,380 in cash at his residence, U.S. Attorney Kurt Alme said.

Byrne Martin Mestas, 62, pleaded guilty to conspiracy to possess with intent to distribute meth. Mestas faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. Mestas is detained.

U.S. Magistrate Judge Timothy J. Cavan presided and recommended that Mestas’ plea be accepted by U.S. District Judge Susan P. Watters, who is hearing the case.

The prosecution said in court records that an investigation into meth trafficking led to Mestas and a co-defendant, Jerry Ray Schuster, of Billings. Schuster pleaded guilty to trafficking crimes in January and is awaiting sentencing.

Law enforcement served a search warrant at Schuster’s and Mestas’ trailer on May 3, 2019. Agents found in the residence a 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. Thirty two pounds of meth is about 115,968 doses.

Agents served a search warrant three days later on four vehicles at the residence. A search of a Suzuki Swift registered to Schuster revealed 30 pounds of meth located in three backpacks, along with $11,380 in cash and receipts documenting travel to California.  In the other three vehicles, agents found about a pound of meth, 100 pills, cash and other items.

Assistant U.S. Attorney Julie Patten is prosecuting 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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WASHINGTON – The Presidential Task force on Missing and Murdered American Indians and Alaska Natives announced a series of field consultations and listening sessions to occur across the United States in the coming months.

One of the consultations will be held on July 7 in Billings, Mt.   

American Indians and Alaska Natives experience disproportionately high rates of violence. President Trump has called the crisis of missing and murdered Native Americans “sobering and heartbreaking.” The task force, designated Operation Lady Justice, has been empowered to review Indian Country cold cases, to strengthen law enforcement protocols, and work with tribes to improve investigations, information sharing and a more seamless response to missing persons investigations.

Confirmed Dates and Locations

March 2                       Department of Health and Human Services

3:00-4:30                    Administration for Children & Families Tribal Advisory Council Mtg.

                                    Washington D.C. Listening Session (CLOSED PRESS)

March 12                     Tribal Interior Budget Council Listening Session

10:30-12:30                Washington, DC (CLOSED PRESS)

March  17                    United South & Eastern Tribes (USET),

2:00-5:00                     Midwest Alliance of Sovereign Tribes (MAST) Listening Session

                                    Marriott Marquis, 901 Massachusetts Ave NW

Washington, D.C.

March 24                     Muscogee Creek Listening Session

9:00-4:00                     River Spirit Casino

8330 Riverside Parkway, Tulsa, OK

March 31                     38th Annual Protecting Our Children Conference Listening Session

10:30-noon                  Marriott Denver Tech Center- Host Hotel

Denver, CO (CLOSED PRESS)

April 15                       Pascua Yaqui Listening Session

9:00-4:00                    Casino Del Sol

                                    5655 W. Valencia Rd., Tucson, AZ

April 21                       Sycuan Band, California Listening Session

1:30-5:00                      3 Kwaaypaay Court, El Cajon, CA

April 28                       National Indian Programs Training Center - CONSULTATION

9:00-3:00                     1101 Indian School Road NW, rooms 233-234

                                    Albuquerque, NM

May 12                        Grand Traverse Band of Ottawa and Chippewa Listening Session

9:00-4:00                    Grand Traverse Resort & Spa

                                    100 Grand Traverse Village Blvd, Acme Township, MI

May 21                        Yakama Nation, Washington Listening Session

9:00-4:00                    Legends Casino and Hotel

                                    580 Fort Road, Toppenish WA

June 7 – 11                  Anchorage, Alaska – CONSULTATION

Date and Location TBD

June 16                        North Dakota/South Dakota Listening Session

10:00-4:00                   North Dakota Heritage Center           

                                    Bismarck, ND

June 23                        Women are Sacred Conference Listening Session

5:00-9:00 pm              Intercontinental Saint Paul Riverfront Hotel

                                    11 E. Kellogg Boulevard, St. Paul, MN

July 7                          Billings, Montana - CONSULTATION

9:00-4:00                    Double Tree Hotel, 27 N 27th, Billings, MT

The members of the task force are:

• Katharine Sullivan, Principal Deputy Assistant Attorney General, Office of Justice Programs, designee for the Attorney General;
• Tara Sweeney, Assistant Secretary for Indian Affairs, designee for the Secretary of the Interior;
• Terry Wade, Executive Assistant Director, Criminal, Cyber, Response and Services Branch, Federal Bureau of Investigation;
• Laura Rogers, Acting Director, Office on Violence Against Women;
• Charles Addington, Deputy Bureau Director, Bureau of Indian Affairs, Office of Justice Services;
• Trent Shores, U.S. Attorney for the Northern District of Oklahoma and Chair of the Native American Issues Subcommittee of the Attorney General’s Advisory Committee; and
• Jean Hovland, Deputy Assistant Secretary for Native American Affairs and Commissioner, Administration for Native Americans, Department of Health and Human Services.

Marcia Good of the Department of Justice serves as the Executive Director of the task force.   The task force will present a progress report to the President by Nov. 26, 2020, and a final report detailing its activities and accomplishments by Nov. 26, 2021.

NOTE: All sessions will be open to the public and the press unless otherwise designated.  As a general rule, each consultation and listening session will include a task force media availability.  Opening remarks will be open for audio and visual recording.  However, the duration of the testimony by participants will be recordable by pen and pad only.

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of the Department of Justice at www.justice.gov/history.  2020 also marks 171st anniversary of the Department of the Interior.

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

Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Feb. 27 was:

Augustus Christopher Wolfback, 18, of Lodge Grass, on charges of assault by strangulation of a dating partner. If convicted of the most serious crime, Wolfback faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Wolfback was detained pending further proceedings. The FBI investigated the case. Pacer case reference. 20-22.

Samuel Richard Bonko, 34, of Garryowen, on charges of failure to register as a sexual offender. If convicted of the most serious crime, Bonko faces a maximum 10 years in prison, a $250,000 fine and five years to life of supervised release. Bonko was detained pending further proceedings. The U.S. Marshals Service investigated the case. Pacer case reference. 19-79.

Jordan Lee Larue, 26, of Billings, on charges of prohibited person in possession of a firearm and receipt of a firearm by person under indictment for felony. If convicted of the most serious crime, Larue faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Larue was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. Pacer case reference. 19-147.

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.

Appearing on Feb. 25 were:

Brandon Thomas Houdashelt, 32, of Clyde Park, on charges of distribution of controlled substances causing death and possession with intent to distribute controlled substances. If convicted of the most serious crime, Houdashelt faces 20 years to life in prison, a $1 million fine and three years of supervised release. Houdashelt was detained pending further proceedings. The Drug Enforcement Administration investigated the case. Pacer case reference. 20-188.

James Robert Patterson, 21, of Billings, on charges of coercion and enticement. If convicted of the most serious crime, Patterson faces a minimum mandatory 10 years to life in prison, a $250,000 fine and five years to life of supervised release. Patterson was detained pending further proceedings. The FBI investigated the case. Pacer case reference. 20-20.

Christopher Cleveland, 40, of Billings, on charges of prohibited person in possession of a firearm and possession of an unregistered firearm. If convicted of the most serious crime, Cleveland faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Cleveland was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. Pacer case reference. 20-15.

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.

Appearing on criminal complaints on Feb. 25 were:

Maliyah Jae Chavez, 19, of Billings, on charges of possession of stolen firearms. If convicted of the most serious crime, Chavez faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Chavez was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. Pacer case reference. 20-18.

Rodrigo Gomez, 18, of Billings, on charges of possession of stolen firearms. If convicted of the most serious crime, Gomez faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Gomez was detained pending further proceedings. Pacer case reference. 20-19.

These cases are 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.

If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.

To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

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GREAT FALLS – A former doctor with Indian Health Services in Browning was indicted on charges of conflict of interest for allegedly using his job to prescribe a diabetes drug from a pharmacy in exchange for kickbacks, U.S. Attorney Kurt Alme said.

An indictment filed on Feb. 26 charges Dr. Arnold Scott Devous, 67, of Billings, with federal medical officer with conflict of interest. If convicted of the most serious crime, Devous faces a maximum five years in prison, a $250,000 fine and three years of supervised release.

An arraignment is set for March 26 in Great Falls before U.S. Magistrate Judge John T. Johnston.

The indictment is merely an accusation. Devous remains innocent until proven guilty.

The indictment alleges Devous used his position as a medical officer for Indian Health Services in Browning to prescribe Farxiga, a Type 2 diabetes medication. Farxiga was not on the IHS formulary and could not be obtained at the facility.

The indictment further alleges that from about December 2015 to June 2016 in Teton and Glacier counties, Devous prescribed Farxiga to patients and entered into a business arrangement with a pharmacy in Choteau in which he, his wife and a person with whom he had been negotiating a prospective job would receive 80 percent of the profits of the sale of Farxiga from the pharmacy. The arrangement resulted in the receipt of about $45,590.

Assistant U.S. Attorney Ryan Weldon is prosecuting the case, which was investigated by the Office of Inspector General, Office of Investigations, U.S. Department of Health & Human Services.

Pacer case reference. 20-18.

If the above case is of interest to your media organization and the community it serves, we encourage you to monitor its progress through the U.S. District Court calendar and the PACER system.

To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

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BILLINGS—A Washington woman who admitted trafficking methamphetamine as part of a large drug distribution ring was sentenced today to 10 years in prison and five years of supervised release, U.S. Attorney Kurt Alme said.

Sadie Allen Hackett, 29, of Glenwood, WA, pleaded guilty in October to possession with intent to distribute meth.

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

In court documents filed in the case, the prosecution said Hackett was an active member of a meth trafficking ring led by Joshua Clause. Clause pleaded guilty to drug trafficking and firearms crimes and was sentenced last year to 15 years in prison. In July 2018, a Billings Police officer made a traffic stop in which Hackett was a front seat passenger. The officer became suspicious and eventually deployed a K-9 dog, which indicated for the presence of narcotics. Law enforcement impounded the vehicle and got a warrant to search the car.

Law enforcement found a half-pound of meth and a large amount of cash in the front glove box. Hackett’s purse was found and it contained more meth. The driver said he saw Hackett place items in the glove box, including the money.

Assistant U.S. Attorney Colin Rubich prosecuted the case, which was investigated by the FBI, Billings Police Department, Eastern Montana High Intensity Drug Trafficking Area Task Force and the Montana Highway Patrol.

This case is part of 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.

XXX

HELENA—A Helena man who admitted brandishing a firearm while he and co-defendants robbed a couple involved in trafficking heroin was sentenced today to 11 years and seven months in prison and five years of supervised release, U.S. Attorney Kurt Alme said.

Gerald Allen Hiler, also known as Teg, 47, pleaded guilty in October to robbery affecting commerce and to brandishing a firearm in furtherance of a crime of violence.

U.S. District Judge Sam E. Haddon presided.

The prosecution said in court records that the FBI learned of a home invasion in Helena in which the victims, a couple, were involved in trafficking heroin. The couple had been given money by co-defendant, Kielan Brett Franklin, to travel to Washington to buy an ounce of heroin. The couple returned with less than an ounce. When the couple did not immediately turn over the heroin, Franklin sent them threatening text messages.

On March 8, 2019, Hiler, Franklin, and co-defendants Morgan Victor Pitsch and Arielle Rose Cowser, went to the couple’s residence. Hiler brandished a pistol during the robbery as the others searched for drugs, money and other valuables. When he learned that the female victim had secretly dialed 911, the robbers fled the home with a small amount of heroin, the female victim’s wedding ring, cell phone and other items. Hiler and Pitsch wore masks.

Franklin and Pitsch have pleaded guilty to charges and are awaiting sentencing. A jury last week convicted Cowser of robbery charges. Cowser is to be sentenced on June 11.

Assistant U.S. Attorney Tom Bartleson is prosecuting the case, which was investigated by the FBI, Montana Regional Violent Crime Task Force, Lewis and Clark County Sheriff’s Office and Missouri River 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.

XXX

GREAT FALLS—A Browning woman who admitted she had been drinking and driving when she crashed a truck on the Blackfeet Indian Reservation and injured two passengers was sentenced today to 27 months in prison and three years of supervised release, U.S. Attorney Kurt Alme said.

Lisa Marie Skunkcap, 37, pleaded guilty in November to assault resulting in serious bodily injury.

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

The prosecution said in court records that the crash happened on the afternoon of April 23, 2019 when Skunkcap and others were drinking and driving around Browning. Skunkcap lost control of the truck she was driving. The vehicle went off the road and rolled. Skunkcap and two passengers were ejected and lost consciousness.

Skunkcap told investigators that she had been driving and admitted having consumed alcohol. Her blood alcohol concentration was .20 at the time of the crash. Both ejected passengers suffered serious injuries, including broken bones. One passenger was transferred to Seattle for treatment.

Assistant U.S. Attorney Kalah Paisley prosecuted the case, which was investigated by the FBI, Blackfeet Law Enforcement Services and the Montana Highway Patrol.

XXX

GREAT FALLS – A former assistant basketball coach at Stonechild College on the Rocky Boy’s Indian Reservation was arraigned today on an indictment accusing him of crimes involving sexual exploitation of a child, U.S. Attorney Kurt Alme said.

Christopher Brown, 31, of Box Elder, pleaded not guilty to sexual exploitation of a child, transportation of child pornography and sexual abuse of a minor.

If convicted of the most serious crime, Brown faces a mandatory minimum 15 years to 30 years in prison, a $250,000 fine and at least five years to life of supervised release.

The indictment is merely an accusation. Brown is presumed innocent until proven guilty.

U.S. Magistrate Judge John T. Johnston presided. Brown is detained pending further proceedings.

Brown, who worked as an assistant basketball coach at Stonechild College, initially was charged by a criminal complaint with sexual abuse of a minor.

The indictment alleges that in January in Hill County and on the Rocky Boy’s Indian Reservation, Brown sexually exploited a child and used a cell phone to transport an image of a minor engaged in sexually explicit conduct. The indictment also alleges that between July 2018 and January 2020, Brown engaged in a sexual act with a minor.

Assistant U.S. Attorney Jared Cobell is prosecuting the case, which was investigated by the FBI and Rocky Boy’s Police Department.

Pacer case reference. 20-12.

If the above case is of interest to your media organization and the community it serves, we encourage you to monitor its progress through the U.S. District Court calendar and the PACER system.

To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

 XXX

MISSOULA—A Missoula man was sentenced to today to 10 years in prison and five years of supervised release for conviction on methamphetamine trafficking charges after law enforcement found two safes containing the drug in a vehicle he was driving, U.S. Attorney Kurt Alme said.

David Edward Holcomb, 36, pleaded guilty to possession with intent to distribute meth in November.

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

The prosecution said in court records that law enforcement made a traffic stop of a vehicle Holcomb was driving on Feb. 16, 2019 in Missoula. Officers found two safes in the vehicle during a search and got a search warrant for the safes. The safes contained meth and drug paraphernalia. The investigation also determined that Holcomb confirmed to an individual there was meth in the safe and that he planned to distribute it.

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

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. 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.

XXX

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 on a criminal complaint on Feb. 18 was:

Nicholas James Imhoff, 29, of Cape Floral, FL, on charges of possession with intent to distribute methamphetamine. If convicted of the most serious crime, Imhoff faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. Imhoff was detained pending further proceedings. The Drug Enforcement Administration and the Montana Highway Patrol investigated the case. Pacer case reference. 20-13.

Appearing on Feb. 20 and pleading not guilty was:

Anfernee Jamal Limberhand, also known as Anfernee Jamal Whiteman, 21, of Lame Deer, on charges of assault resulting in substantial bodily injury to a dating or intimate partner. If convicted of the most serious crime, Limberhand faces a maximum five years in prison, a $250,000 fine and three years of supervised release. Limberhand was detained pending further proceedings. The FBI investigated the case. Pacer case reference. 20-11.

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

Anna Michelle Niles, 47, of Bozeman, on charges of wire fraud. If convicted of the most serious crime, Niles faces a maximum 20 years in prison, a $250,000 fine and three years of supervised release. Niles was released pending further proceedings. The FBI investigated the case. Pacer case reference. 20-2.

Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Feb. 18 was:

Dakota Black Elk Houle, 22, on charges of possession of unregistered firearm. If convicted of the most serious crime, Houle faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Houle was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. 

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. Pacer case reference. 19-25.

If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.

To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

 XXX

BILLINGS—A Billings man convicted at a bench trial of methamphetamine distribution crimes was sentenced today to 10 years in prison and five years of supervised release, U.S. Attorney Kurt Alme said.

U.S. District Judge Susan P. Watters in July found Darrell Franklin Holliday, 48, guilty of possession with intent to distribute meth and two counts of distribution of meth as charged in an indictment. Judge Watters presided at sentencing.

During the bench trial, prosecutors presented evidence that Holliday was distributing meth in the Billings area in August and September 2017. Investigators conducted two controlled buys of methamphetamine from Holliday during this period.  In a recorded statement to officers, Holliday admitted he used meth daily when he had the chance. Holliday also made incriminating statements in recorded jail calls. 

Assistant U.S. Attorneys Zeno Baucus and Karla Painter prosecuted the case, which was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force and the FBI.

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.

XXX

HELENA—A jury on Thursday convicted a Helena woman accused of participating in an armed home invasion to rob a couple involved in trafficking heroin, U.S. Attorney Kurt Alme said.

The jury found Arielle Rose Cowser, 27, guilty of conspiracy to commit robbery affecting commerce and robbery affecting commerce. The jury acquitted Cowser of possession of a firearm in furtherance of a crime of violence. Cowser faces a maximum 20 years in prison, a $250,000 fine and up to five years of supervised release. The three-day trial began on Tuesday.

U.S. District Judge Donald W. Molloy presided. Sentencing is set for June 11. Cowser was released pending sentencing.

“Drug trafficking not only is illegal but also dangerous and leads to violence among those involved in the trade. We will prosecute drug-related robberies to the full extent of the law. I want to thank Assistant U.S. Attorney Tom Bartleson along with the FBI, Montana Regional Violent Crime Task Force, Lewis and Clark County Sheriff’s Office and Missouri River Drug Task Force for investigating and prosecuting this case,” U.S. Attorney Alme said.

In evidence presented at trial, the prosecution said the FBI learned of a home invasion robbery in Helena in which the victims, a couple, were involved in trafficking heroin. Co-defendant Kielan Brett Franklin, who has pleaded guilty, provided the couple money to travel to Washington to buy an ounce of heroin. The couple returned to Montana with less than an ounce. When the couple did not immediately turn over the heroin, Franklin sent them threatening text messages.

On March 8, 2019, Cowser went to the victims’ residence and asked to enter, saying she had broken up with Franklin. The female victim let Cowser inside and a few minutes later, Cowser let in Franklin and two other co-defendants, Gerald Allen Hiler and Morgan Victor Pitsch. Hiler and Pitsch, who have pleaded guilty, wore masks.

Hiler brandished a handgun and Pitsch possessed one during the robbery. The defendants fled when they realized the female victim had called 911. The robbers took a small amount of heroin, the female victim’s wedding ring, her cell phone and a purse.

Assistant U.S. Attorney Tom Bartleson is prosecuting the case, which was investigated by FBI, Montana Regional Violent Crime Task Force, Lewis and Clark County Sheriff’s Office and Missouri River 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.

XXX

GREAT FALLS– A Wolf Point man and former tribal police officer accused of touching a child’s genitals on the Fort Peck Indian Reservation pleaded guilty on Wednesday to charges, U.S. Attorney Kurt Alme said.

Mychal Thomas Damon, 28, pleaded guilty to felony child abuse. Damon faces a maximum five years in prison, a $50,000 fine and three years of supervised release.

U.S. District Judge Brian M. Morris presided and set sentencing for June 18. Damon was detained.

The prosecution said in court records that the crime occurred in May 2018 when the victim, who was under the age of 14, and her mother spent the night at Damon’s house. During the night, the victim got up and sat with Damon on a recliner. Damon placed his hand inside the girl’s shorts and touched her in the genital area.

Assistant U.S. Attorneys Cassady Adams and Lori Suek are prosecuting the case, which was investigated by the FBI and the Wolf Point Police Department.

XXX

WASHINGTON – Today, the U.S. Environmental Protection Agency (EPA), along with the Justice Department, announced the release of the Butte Priority Soils Operable Unit (BPSOU) consent decree.  This document provides the framework for the continued cleanup of mining-related contamination to protect public health and the environment in Butte and Walkerville, Montana. 

The consent decree requires Atlantic Richfield to undertake or finance over $150 million in cleanup actions, provide financial assurances for future cleanup actions, and provide enhanced community benefits through the implementation of end land use plans along the Silver Bow Creek Corridor.

Additionally, EPA Region 8 is releasing an amendment to the 2006 Record of Decision for the BPSOU Operable Unit in this matter that will expand cleanup efforts. The amendment will require the removal of  contaminated tailings at the Northside and Diggings East Tailings areas and contaminated sediment and additional floodplain contamination from Silver Bow and Blacktail Creeks.  The amendment will also require the treatment of more contaminated stormwater before it flows into the creeks, and the capture and treatment additional contaminated groundwater.  Once executed by the parties and entered by the Court, the consent decree will implement this amended remedy.

The release of the consent decree will provide the commissioners of Butte Silver Bow County – who must approve the document before it can be submitted to the court – an opportunity to consider the document in a public forum.  This process allows Butte Silver Bow County to inform and educate the public and the county commissioners about the content of the consent decree. Once that process concludes, the county commissioners will vote on whether to approve the document.

“Montanans value clean water not just to drink, but to sustain our rich and beautiful environment,” said U.S. Attorney Kurt Alme for the District of Montana.  “I applaud the work of the negotiating teams from the Justice Department, EPA, the state of Montana, Butte Silver Bow County and Atlantic Richfield in completing this complex agreement.  We look forward to the cleanup proceeding with all speed.”

“I am very pleased to announce the release of the proposed Consent Decree and Amended Record of Decision to the Butte community,” said EPA Region 8 Administrator Gregory Sopkin. “These documents secure the financial resources and actions for the continued cleanup of open space, residential areas, creeks and groundwater across the community. They reflect EPA’s commitment to work diligently to complete the cleanup after nearly four decades of Superfund in the great town of Butte.”

Once all consent decree signatures are obtained, the consent decree documents will be lodged with the federal district court of Montana.  The Justice Department will publish a formal notice in the Federal Register, stating that the department is accepting public comment on the document for a period of thirty days from the date the notice is published.  Under State law, the Montana Department of Environmental Quality is also required to hold a public comment period on the consent decree, which will run concurrently.

While the public comment period will not start until after the consent decree is lodged with the court, EPA, the state, Butte Silver Bow County, and Atlantic Richfield have posted the document on their websites, and paper copies will be made available at the Montana Tech Library (1300 W. Park St.) and Citizens Technical Environmental Committee (27 W. Park St.) for public review at www.epa.gov/superfund/silver-bow-butte.

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.

Today, the U.S. Environmental Protection Agency (EPA), along with the Justice Department, announced the release of the Butte Priority Soils Operable Unit (BPSOU) consent decree.  This document provides the framework for the continued cleanup of mining-related contamination to protect public health and the environment in Butte and Walkerville, Montana. 

The consent decree requires Atlantic Richfield to undertake or finance over $150 million in cleanup actions, provide financial assurances for future cleanup actions, and provide enhanced community benefits through the implementation of end land use plans along the Silver Bow Creek Corridor.

Additionally, EPA Region 8 is releasing an amendment to the 2006 Record of Decision for the BPSOU that will expand cleanup efforts. The amendment will require the removal of contaminated tailings at the Northside and Diggings East Tailings areas as well as contaminated sediment and additional floodplain contamination from Silver Bow and Blacktail Creeks.  The amendment will also require the treatment of more contaminated storm water before it flows into the creeks, and the capture and treatment of additional contaminated groundwater.  Once executed by the parties and entered by the court, the consent decree will implement this amended remedy.

The release of the consent decree will provide the commissioners of Butte Silver Bow County – who must approve the document before it can be submitted to the court – an opportunity to consider the document in a public forum.  This process allows Butte Silver Bow County to inform and educate the public and the county commissioners about the content of the consent decree. Once that process concludes, the county commissioners will vote on whether to approve the document.

“Montanans value clean water not just to drink, but to sustain our rich and beautiful environment,” said U.S. Attorney Kurt Alme for the District of Montana.  “I applaud the work of the negotiating teams from the Justice Department, EPA, the state of Montana, Butte Silver Bow County and Atlantic Richfield in completing this complex agreement.  We look forward to the cleanup proceeding with all speed.”

“I am very pleased to announce the release of the proposed Consent Decree and Amended Record of Decision to the Butte community,” said EPA Region 8 Administrator Gregory Sopkin. “These documents secure the financial resources and actions for the continued cleanup of open space, residential areas, creeks and groundwater across the community. They reflect EPA’s commitment to work diligently to complete the cleanup after nearly four decades of Superfund in the great town of Butte.”

Once all consent decree signatures are obtained, the consent decree documents will be lodged with the federal district court of Montana.  The Justice Department will publish a formal notice in the Federal Register, stating that the department is accepting public comment on the document for a period of 30 days from the date the notice is published.  Under State law, the Montana Department of Environmental Quality is also required to hold a public comment period on the consent decree, which will run concurrently.

While the public comment period will not start until after the consent decree is lodged with the court, EPA, the state, Butte Silver Bow County, and Atlantic Richfield have posted the document on their websites, and paper copies will be made available at the Montana Tech Library (1300 W. Park St.) and Citizens Technical Environmental Committee (27 W. Park St.) for public review at www.epa.gov/superfund/silver-bow-butte.

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.

BILLINGS – A jury today convicted a Billings man of methamphetamine crimes for his role in a large trafficking organization that brought hundreds of pounds of the drug into Montana, U.S Attorney Kurt Alme said today.

The jury found Nicholas John Montano, 34, of Billings, guilty of conspiracy to possess meth with intent to distribute and possession with intent to distribute as charged in an indictment. The trial began on Monday.

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

U.S. District Judge Susan P. Watters presided and set sentencing for June 24. Montano remains in custody.

“Mr. Montano worked with others to distribute an enormous amount of this highly-addictive poison into our communities. We are committed to dismantling these meth trafficking organizations and prosecuting all members. I want to thank Assistant U.S. Attorneys Colin Rubich and Tom Godfrey, along with the Eastern Montana High Intensity Drug Trafficking Area Task Force, Billings Police Department, FBI and Drug Enforcement Administration for investigating and prosecuting this case,” U.S. Attorney Alme said.

The prosecution presented evidence at trial that in the spring and summer of 2018, Montano received meth from Joshua Clause, who was the head of a large drug trafficking ring that imported hundreds of pounds of meth into Montana. Clause has pleaded guilty to drug trafficking charges and is serving a 15-year federal prison sentence. Clause met Montano through another person, and after Clause and that person had a falling out, Clause contacted Montano, who began to receive meth from Clause for redistribution.

Clause told law enforcement that he supplied Montano with a quarter-pound to one pound of meth each time he restocked. Clause and Montano also traveled once together to Bakersfield, CA, where Clause got meth from a supplier. Clause supplied Montano with approximately 10 to 15 pounds of meth during their association. Fifteen pounds of meth is the equivalent of about 54,360 doses.

Law enforcement officers arrested Montano in Billings on a federal warrant on Aug. 19, 2018 after he fled in a stolen vehicle. Officers tracked Montano to an apartment complex, where he went to all three floors and hid in woman’s apartment. When arrested, Montano had on him $1,645 cash. Officers also found a bag containing about 92 grams of meth they believed Montano had discarded as he was running. He admitted he had been on all three floors and possessed a small amount of meth.

Four days earlier, Billings Police Officers responded to a 911 call about a blocked vehicle at a restaurant and, at the request of the vehicle’s owner, removed a bag that belonged to Montano. Officers took the bag into their custody and, following policy, opened it to ensure it did not contain hazardous materials. The bag contained approximately 32 grams of meth, a wallet with $3,075, a syringe, a loaded 9mm magazine and Montano’s identification information.

Assistant U.S. Attorneys Colin Rubich and Tom Godfrey are prosecuting the case, which was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force, Billings Police Department, FBI and 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.

XXX

GREAT FALLS – A jury today convicted an East Glacier Park man accused of killing one passenger and seriously injuring a second passenger after he had been drinking and driving and crashed in Glacier National Park last year, U.S. Attorney Kurt Alme said.

The jury found Leo James Hagan, 19, guilty of involuntary manslaughter and of assault resulting in serious bodily injury. Hagan faces a maximum eight years in prison, a $250,000 fine and three years of supervised release on the manslaughter charge and a maximum 10 years in prison, a $250,000 fine and three years of supervised release on the assault charge.

U.S. District Judge Brian M. Morris presided. Judge Morris set sentencing for June 3 and continued Hagan’s release.

The trial began on Monday.

“Drinking and driving often ends tragically. We will prosecute those who do so to the full extent of the law to ensure that we keep our national parks safe. I want to thank Assistant U.S. Attorneys Kalah Paisley and Ethan Plaut, along with the National Park Service, Blackfeet Law Enforcement Services and Medical Services, the Glacier County Sheriff’s Office and the Montana Highway Patrol for investigating and prosecuting this case,” U.S. Attorney Alme said.

In evidence presented at trial, the prosecution said the crash occurred on June 11, 2019, on Two Medicine Road, near Lower Two Medicine Lake, about 200 yards inside of Glacier National Park. Hagan, and the two victims had been socializing at the Trailhead Saloon in East Glacier that night, and Hagan had consumed alcohol. The three left the saloon and traveled toward Two Medicine Lake with Hagan driving a Ford Escape. One passenger was in the front seat and one passenger was in the rear seat.

Hagan lost control of the vehicle, failed to negotiate a sharp left turn, went off the road and hit a tree. The vehicle spun and rolled and came to rest on the driver’s side. The front seat passenger was ejected and suffered severe injuries. The rear seat passenger also was ejected, pinned under the vehicle and died at the scene.

Hagan, the prosecution said, traveled on foot back toward his residence and called 911 on his cell phone. He reported there had been a crash and implied that he had come upon the scene and was otherwise not involved. He reported seeing one injured person but not his involvement, the cause or that a passenger had died.

The Glacier County Sheriff’s Office responded to the 911 call but struggled to find the scene initially because of the vague description Hagan had provided to the dispatcher. While looking for the crash, a deputy spotted a man, later identified as Hagan, walking along the road. Hagan did not try to flag down the marked vehicle. Deputies found the crash scene about two minutes later.

The injured passenger told officers there had been three people in the vehicle, which prompted law enforcement to look for Hagan.

A Blackfeet Law Enforcement Services officer found Hagan at his residence at about 2:30 a.m., and Hagan confirmed he had been in the crash. Hagan admitted he had been driving and refused medical treatment. A Montana Highway Patrol trooper began a drunken driving investigation, and Hagan admitted to a park service ranger that he had been driving and that the group had been drinking at the bar.

Hagan told law enforcement that the front seat passenger had put him in a headlock while he was driving and that he was traveling at 30 mph. Hagan was eventually transported to the Indian Health Service where a blood draw determined his blood alcohol level was .093 percent.

The injured passenger told law enforcement that nobody was “horsing around” in the vehicle, but that he also did not remember most of the events of that night.

A crash investigation determined that the vehicle was traveling more than 70 mph in a 45 mph speed zone when it crashed, that the driver never applied the brakes and that neither Hagan nor the front passenger was wearing a seatbelt. Hagan had claimed he was wearing a seatbelt and had braked.

Assistant U.S. Attorneys Kalah Paisley and Ethan Plaut are prosecuting the case, which was investigated by the National Park Service, Blackfeet Law Enforcement Services and Medical Services, the Glacier County Sheriff’s Office and the Montana Highway Patrol.

XXX

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

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

Joshua Daniel Baker, 33, of Billings, on charges of prohibited person in possession of a firearm and possession of a stolen firearm. If convicted of the most serious crime, Baker faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Baker was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case.

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.

Pacer case reference. 20-01.

If the above cases are of interest to your media organization and the community it serves, we encourage you to monitor  its progress through the U.S. District Court calendar and the PACER system.

To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

 XXX

GREAT FALLS – Two Mexico citizens who were arrested in Glacier County by Border Patrol agents investigating suspected alien smuggling from Canada pleaded guilty on Tuesday to illegally transporting aliens, U.S. Attorney Kurt Alme said.

Alberto Guillen-Gordillo, 23, and Samuel Velasco-Tovar, 28, each pleaded guilty to transportation of illegal aliens. Each defendant faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release.

U.S. District Judge Brian M. Morris presided and set sentencing for May 5. Guillen-Gordillo and Velasco-Tovar remain detained.

The prosecution said in court records that on Nov. 17 at about 11:15 p.m., Border Patrol agents conducted traffic stops of two vehicles south of the United States-Canada border in Glacier County. In the first vehicle, which was a Chevrolet Suburban, the agent found the driver and nine passengers. All of the passengers admitted to being in the United States illegally. During the stop of the second vehicle, a Chevrolet Tahoe, all of the occupants ran into a nearby field. Agents found eight individuals within one to two minutes. Each of the individuals admitted to being in the United States illegally.

In all, law enforcement transported 19 suspects to the Sweetgrass Border Patrol Station for processing. Four of the transported illegal aliens told agents they had paid from $4,000 to $4,750 to be smuggled into the United States and identified Velasco-Tovar as the foot guide who helped them cross into the United States.

Shortly after the arrests, a Border Patrol agent and Glacier County Sheriff’s deputy went to a Cut Bank hotel where the subjects had been staying to determine if any remaining occupant in one of the hotel rooms was in violation of trafficking laws. Guillen-Gordillo answered the door, identified himself and was taken into custody. Guillen-Gordillo admitted to being in the United States illegally. He rented the Chevrolet Suburban and Chevrolet Tahoe from a Utah car rental company. A co-defendant identified Guillen-Gordillo as the driver of a third vehicle but that he stayed at the hotel because he was not feeling well.

A third co-defendant, Josue Bermudez-Lopez, of Mexico, pleaded guilty in December to illegally transporting aliens and is awaiting sentencing, while a fourth co-defendant has pleaded not guilty.

Assistant U.S. Attorneys Paulette Stewart, Jeff Starnes and Ethan Plaut are prosecuting the case, which was investigated by the U.S. Border Patrol and the Glacier County Sheriff’s Office.

XXX

MISSOULA—A Michigan man who admitted defrauding two Missoula persons in a cryptocurrency scam was sentenced today to one year and one day in prison followed by  three years of supervised release and ordered to pay $208,718 restitution, U.S. Attorney Kurt Alme said.

James Matthew Thomas, 35, of Midland, MI, pleaded guilty in October to wire fraud and money laundering.

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

The prosecution said in court documents filed in the case that the evidence showed Thomas contacted Victim 1, who lives in Missoula, through LinkedIn in March 2018. The two had met several years earlier while working together on the east coast. Thomas asked Victim 1 if he wanted to invest in cryptocurrency for a few days with a rate of return of 30 to 40 percent. Thomas said he worked with CoinPoint, an internet advertising company that pushed people to participating company websites, and that CoinPoint was looking for investors.

Victim 1 sent Thomas $6,948 worth of virtual currency. A few days later, Thomas sent the victim $9,203 worth of virtual currency, which was about a 30 percent return on the victim’s investment. Based on the return, Victim 1 talked with a second victim and some of his friends and family members. The second victim invested $185,000 with Thomas and the friends and family members agreed to contribute another $500,000.

Much of the money taken in from Victim 1’s friends and family was never converted to virtual currency or forwarded to Thomas. When Victim 1 realized Thomas was scamming him, he was able to return most of that money.

As the scam progressed, Thomas told Victim 1 the investments were doing well and that he was getting rich. Victim 1 asked to be included on communications with CoinPoint and started receiving emails from various purported CoinPoint employees.

The FBI later determined the email addresses were fake and associated with another domain name – coinpointpartners.net – that was not associated with the real CoinPoint. Investigators also determined that Thomas had registered the fake domain name, coinpointpartners.net, the day after Victim 1 asked to be included in communications.

When Victim 1 tried to remove some money from the CoinPoint investment because it was doing so well, he encountered delays and various explanations. Victim 1 independently contacted CoinPoint and received information that led him to believe he had likely been scammed by Thomas.

The FBI interviewed CoinPoint’s owner, who said the company had never worked with Thomas or Victim 1.

As part of scam, Thomas used investment proceeds from the victims to buy a vehicle in New Jersey for $10,245.

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

XXX

WASHINGTON – A federal jury found a Montana man guilty yesterday for his role as a broker for a Swiss company involved in a multimillion-dollar international fraud scheme.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Nicholas A. Trutanich of the District of Nevada and Special Agent in Charge Aaron C. Rouse of the FBI’s Las Vegas Field Office made the announcement. 

Following a five-day trial, Sean Finn, 51, of Whitefish, Montana, was found guilty of one count of conspiracy to commit wire fraud and securities fraud, four counts of wire fraud and four counts of securities fraud.  He was acquitted of one count of wire fraud. Sentencing has been scheduled for May 12, 2020, before U.S. District Judge Kent J. Dawson of the District of Nevada, who presided over the trial.  

According to the evidence presented at trial, Finn conspired with others in the United States and Switzerland to promote investments and loan instruments that he knew to be fictitious.  Finn and his co-conspirators told victims that, for an up-front payment ranging from $100,000 to $1 million, a Swiss company known as Malom Group AG (Malom), whose name stood for “Make A Lot Of Money,” would provide access to lucrative investment opportunities and substantial cash loans.  The evidence showed that to effectuate this scheme, the defendant and his co-conspirators provided victims with fabricated bank documents purporting to show that Malom held hundreds of millions of dollars in overseas bank accounts, as well as documents falsely stating that Malom had previously closed similar deals.  The evidence showed that when victims wired their money into an escrow account controlled by the co-conspirators, the money was released and disbursed to, among others, Finn for his own personal use.  The evidence further showed that shortly before he was indicted in 2013, Finn fled to Canada, where he was arrested in 2014 and ultimately extradited back to the United States in 2018. According to the evidence presented at trial, losses to the victims from the scheme totaled approximately $4 million.      

Finn was charged together with five other defendants.  Two of these defendants, Anthony Brandel and James Warras, were found guilty of conspiracy and multiple counts of wire fraud and securities fraud following a jury trial in 2015.  Brandel and Warras were each sentenced to 87 months in prison, followed by three years of supervised release, on Aug. 3, 2016.  A third defendant, Joseph Micelli, pleaded guilty to conspiracy to commit wire fraud and securities fraud in 2015 and was sentenced to 60 months in prison, followed by three years of supervised release, on Feb. 23, 2016.  The other two defendants, Martin Schlaepfer and Hans-Jurg Lips, remain at large outside the United States.  All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

The FBI’s Las Vegas Field Office investigated the case.  Assistant Deputy Chief Anna G. Kaminska and Trial Attorney Blake C. Goebel of the Criminal Division’s Fraud Section prosecuted the case with assistance from the Criminal Division’s Office of International Affairs and the U.S. Attorney’s Office for the District of Nevada.  Deputy Chief Brian Young of the Fraud Section previously handled the prosecution.  The Securities and Exchange Commission’s Enforcement Division, which conducted a parallel civil-enforcement investigation, as well as the Royal Canadian Mounted Police, also provided valuable assistance.  

The Criminal Division’s Fraud Section plays a pivotal role in the Department of Justice’s fight against white-collar crime around the country.

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.

BILLINGS—A Busby man who admitted assaulting an elderly woman in her 80s as she tried to break up a fight was sentenced today to five years and three months in prison, three years of supervised release and ordered to pay $26,599 restitution for Medicare, U.S. Attorney Kurt Alme said.

Calvin Lee Lamewoman, 38, pleaded guilty in September to assault resulting in serious bodily injury.

U.S. District Judge Susan P. Watters presided. Judge Watters ordered the sentence to run consecutively to another sentence.

The assault occurred on May 5, 2016 in Busby on the Northern Cheyenne Indian Reservation, the prosecution said in court records. The victim was in her 80s at the time and has since died, but her death was not from injuries suffered in the assault. The victim suffered bruises to her chest, broken ribs, a broken jaw and other fractures and bruises.

 Lamewoman was fighting with another person at a Busby residence when the victim entered the living room to try to break up the argument. Lamewoman turned on the victim and repeatedly hit and kicked her, knocking her down.

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

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GREAT FALLS—A Browning woman who admitted being intoxicated when the vehicle she was driving on the Blackfeet Indian Reservation crashed and rolled twice, seriously injuring a passenger, was sentenced today to 16 months in prison and three years of supervised release, U. S. Attorney Kurt Alme said.

Mary Marie Oldchief, 35, pleaded guilty in October to assault resulting in serious bodily injury.

U.S. District Judge Brian M. Morris presided. Oldchief was detained.

In court documents filed in the case, the prosecution said the single-vehicle crash occurred on June 12, 2018 on U.S. Highway 2 near Browning on the Blackfeet Reservation. Oldchief was driving when the vehicle crashed and rolled twice. The victim, a passenger, was ejected and pinned under the car. The victim suffered serious injuries, including a brain injury and spinal and rib fractures. Oldchief was intoxicated at the time and had a breath sample of .133 percent at the Blackfeet Detention Center after the crash.

Assistant U.S. Attorney Paulette Stewart prosecuted the case, which was investigated by Blackfeet Law Enforcement Services, the Montana Highway Patrol and the FBI.

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GREAT FALLS—A Havre man convicted of domestic assault after breaking his girlfriend’s nose during an argument on the Fort Belknap Indian Reservation was sentenced today to 54 months in prison and three years of supervised release, U.S. Attorney Kurt Alme said.

James John Russell McConnell, 44, pleaded guilty in September to domestic assault by habitual offender.

U.S. District Judge Brian M. Morris presided and ordered the 54-month sentence be served consecutively to a seven month sentence imposed in a revocation after McConnell violated conditions while on supervised release for a previous conviction.

The prosecution said in court records that McConnell, who has three previous convictions for domestic assault, assaulted his girlfriend on June 23, 2018 in Hays by bear-hugging her to where it was painful and hard to breathe. He also verbally threatened her. The victim was treated for a broken nose at the Northern Montana Hospital.

Assistant U.S. Attorney Paulette Stewart prosecuted the case, which was investigated by Fort Belknap law enforcement and the FBI.

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GREAT FALLS – A jury on Friday convicted a Fort Belknap man accused of assaulting and strangling a woman in Lodge Pole on the Fort Belknap Indian Reservation last year, U.S. Attorney Kurt Alme said.

The jury found Jordan Alexander Werk, 32, guilty of assault by striking, beating or wounding and of strangulation. The jury acquitted Werk of assault of a dating partner resulting in substantial bodily injury. Werk faces a maximum 10 years, a $250,000 fine and three years of supervised release on the strangulation charge and a maximum one year in prison, a $100,000 fine and one year of supervised release on the assault count.

The trial began on Thursday, with U.S. District Judge Brian M. Morris presiding. Judge Morris set sentencing for June 3 and continued Werk’s detention.

“There is no excuse for assaulting a woman. We know that Native women face higher rates of violence and sexual violence and we are committed to prosecuting those who prey on them. I want to thank Assistant U.S. Attorney Paulette Stewart, the FBI and the Fort Belknap tribal law enforcement for investigating and prosecuting this case,” U.S. Attorney Alme said.

The prosecution presented evidence at trial that Werk assaulted and strangled the victim on April 8, 2019 in Lodge Pole in Blaine County and on the Fort Belknap Reservation. The victim reported on April 8, 2019 that Werk had assaulted her by grabbing her hair and throwing her to the ground. Werk kicked her in the chest, punched her in the head and choked her, causing her to see stars and have trouble breathing.

The victim also told law enforcement that during the assault, Werk told her that he knew how to hit someone to not show bruises and that if she was going to act like a victim, then he would treat her like one. The victim was treated for injuries, including a broken rib, at the Indian Health Service in Harlem.

Assistant U.S. Attorney Paulette Stewart prosecuted the case, which was investigated by the FBI and Fort Belknap tribal law enforcement.

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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 today was:

Shawna Renee Bercier, 37, of Laurel, on charges of conspiracy to possess with intent to distribute methamphetamine and distribution of meth. If convicted of the most serious charge, Bercier faces a minimum mandatory five years to 40 years in prison, a $5 million fine and at least five years of supervised release. Bercier was released pending further proceedings. The Eastern Montana High Intensity Drug Trafficking Area Task Force investigated the case. Pacer case reference. 19-144.

Appearing on Jan. 30 was:

Braden Charles Losing, 25, of Miles City, on charges of prohibited person in possession of a firearm. If convicted of the most serious crime, Losing faces a minimum 10 years in prison, a $250,000 fine and three years of supervised release. Losing was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case.

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. Pacer case reference. 20-08.

Hugo Javier Quiroga, 46, of Billings and Mexico, on charges of false representation of Social Security number, false claim of U.S. citizenship and aggravated identity theft. If convicted of the most serious crime, Quiroga faces a maximum five years in prison, a $250,000 fine and three years of supervised release. Quiroga was detained pending further proceedings. The FBI investigated the case. Pacer case reference. 20-04.

Appearing on Jan. 29 was:

Susan Wilkinson, 33, of Billings, on charges of conspiracy to possess with intent to distribute and possession with intent to distribute controlled substances. If convicted of the most serious crime, Wilkinson faces a minimum mandatory five years to 40 years in prison, a $5 million fine and at least four years of supervised release. Wilkinson was released pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case.  Pacer case reference. 19-137.

Appearing on Jan. 28 was:

Daniel Kenneth Sherman, 34, of Worden, on charges of prohibited person in possession of a firearm. If convicted of the most serious crime, Sherman faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Sherman was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case.  

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. Pacer case reference. 19-150.

Tyrezes Demarquis Taylor, 25, of Billings, on charges of prohibited person in possession of a firearm and false statement during a firearms transaction. If convicted of the most serious crime, Taylor faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Taylor was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case.

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. Pacer case reference. 20-09.

Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on Jan. 29 was:

James Robert Starcevich, 24, of Butte, 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, Starcevich faces a minimum mandatory 10 years to life in prison, a $10 million fine and five years to life of supervised release. Starcevich was released pending further proceedings. The Drug Enforcement Administration, Butte-Silverbow law enforcement and U.S. Postal Service investigated the case. Pacer case reference. 20-01.

If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.

To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

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BILLINGS --The executive director of the Montana Native Women’s Coalition, along with two board officials, were charged today in a scheme to steal federal grant money to make unapproved trips to Las Vegas and to receive other unauthorized benefits, U.S. Attorney Kurt Alme said.

Appearing before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty to a superseding indictment was Sheryl Lynn Lawrence, 43, of Colstrip, Meredith McConnell, 50, of Busby, and Barbara Mary Daychief, 43, of Browning. All defendants were released pending further proceedings.

Lawrence, who was the executive director of the Coalition, was charged as a new co-defendant in the superseding indictment. Lawrence is charged with four counts, including theft from a program receiving federal funding, wire fraud, false claims act and misprision of a felony.

McConnell, who was the Coalition’s chairwoman and executive director for Healing Hearts, and Daychief, who was the Coalition’s treasurer and a board member, were charged in the initial indictment.

McConnell is charged with four counts, including theft from a program receiving federal funding, wire fraud, false claims act and misprision of a felony.

Daychief is charged with six counts, including theft from a program receiving federal funding, wire fraud, three counts of false claim act and misprision of a felony.

If convicted of the most serious crime, the defendants face a maximum 20 years in prison, a $250,000 fine and three years of supervised release.

The indictment is merely an accusation and the defendants are presumed innocent until proven guilty.

The indictment accuses the three defendants of stealing from the Lame Deer-based coalition from about August 2017 until March 2018. The Coalition’s purpose is to help Native American victims of domestic and sexual violence.  In addition, the Coalition brings together Native American leaders and state representatives who administer state and federal funds for domestic violence and programming to improve resources for Native women and tribal programs.

The Coalition receives funding from the U.S. Department of Justice’s Office on Violence Against Women, which provides grants for victim services. From October 2017 to September 2018, the OVAW awarded the Coalition $318,008 in federal funds.

In March 2017, the Coalition’s previous executive director, Toni Louise Plummer-Alvernaz, pleaded guilty to fraud for stealing from the Coalition. Plummer-Alvernaz was sentenced to one year and one day in federal prison and ordered to pay $246,024 restitution.

Two months later, the First Nations Development Institute held a two-day training for the Coalition in Billings, where it taught board members, including McConnell and Daychief, about conflicts of interest, whistleblower policies, code of ethics and financial oversight. The Coalition also received a special condition about reporting fraud in its September 2017 award package.

The indictment alleges Lawrence, McConnell and Daychief committed travel fraud, received travel payments on non-approved trips, including to Las Vegas, received and authorized double-payment for “days in service,” authorized unapproved construction projects and took other benefits they were not entitled to receive.

Assistant U.S. Attorneys Ryan Weldon and Bryan Dake are prosecuting the case, which was investigated by the Department of Justice’s Office of the Inspector General.

Pacer case reference. 19-90. The progress of the case may be monitored through the U.S. District Court calendar and the PACER system. To establish a PACER account, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

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BILLINGS—A Laurel man was sentenced today to 10 years in prison and five years of supervised release for conviction on drug trafficking crimes after law enforcement officers found methamphetamine in a motel room he had occupied, U.S. Attorney Kurt Alme said.

William Anthony Rogers, 30, pleaded guilty in September 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.

The prosecution said in court records that Billings Police officers were dispatched to the Boothill Inn in Billings on July 16, 2018 because two men were passed out in a motel room after check out and could not be awakened. One of the men woke up as officers entered the room and grabbed a meth pipe on a night stand. The second man, identified as Rogers, then woke up. Although officers saw pills and paraphernalia in plain view, they released both men pending arrest warrants because the jail was too full to accept new inmates.

After the men left, the officers looked around the room, found a silver briefcase, opened it and saw what appeared to be a large amount of meth. Officers called the Billings drug task force, which got a search warrant for the room. During the search, officers found about six ounces of meth in the briefcase and a 9mm handgun in a separate locked case. Surveillance video from the motel showed Rogers carrying the briefcase that contained the meth.

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

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—A former Stockman Bank commercial loan assistant who admitted stealing money from the accounts of two customers, including a mentally incompetent elderly man, was sentenced today to 57 months in prison and five years of supervised release and ordered to pay $195,949 restitution, U.S. Attorney Kurt Alme said.

Shawn Al Logan, 31, of Shepherd, pleaded guilty in October to theft, embezzlement, misapplication by bank employee, engaging in monetary transactions in criminally derived property and aggravated identity theft.

U.S. District Judge Susan Watters presided and continued Logan’s release pending assignment by the Bureau of Prisons.

In court documents filed in the case, the prosecution said Logan, a commercial loan assistant, fraudulently obtained or attempted to obtain more than $243,000 in customer funds for his personal benefit. Logan worked on customer accounts of an elderly man who was mentally incompetent and interacted with the man’s representative, who had power of attorney. The representative lived in Florida, was authorized to handle the man’s accounts and traveled to Billings a few times a year.

Beginning in September 2017, Logan made unauthorized withdrawals from the man’s account for his own benefit by issuing debit cards in the representative’s name. When the representative confronted Logan about unauthorized debit transactions, Logan made a series of misrepresentations to the representative, all designed to hide what had actually occurred.

Logan also made a series of unauthorized internal transfers from the account of another Stockman bank customer to the elderly man’s account, from which Logan would pay his own creditors and make deposits into his own accounts.

When interviewed by the bank, Logan initially said all of the flagged internal bank transfers and checks were approved by Stockman customers. However, when confronted by evidence concerning one of the checks payable to his American Express account, Logan said he did not want to answer any more questions.

Assistant U.S. Attorney Zeno Baucus prosecuted the case, which was investigated by the FBI, the Federal Deposit Insurance Corporation’s Office of Inspector General and the IRS.

XXX

“The emergency prohibition of fentanyl analogues expires on Feb. 6 without congressional action.  Fentanyl and its analogues are responsible for at least 31 overdose deaths since 2015 in Montana.  Unless Congress acts, law enforcement will not have the tools it needs to protect Montana families from the onslaught of these extraordinarily dangerous substances. 

“We are seeing a transition in the source of fentanyl finding its way into Montana communities.  Instead of fentanyl from China in relatively small amounts, law enforcement officials are now intercepting loads of Mexican cartel-produced fentanyl.  The cartels are using their established and prolific distribution networks to deliver fentanyl – a substance that is exponentially more dangerous than heroin. We continue to be very aggressive in prosecuting these cases.

“Although fentanyl prosecutions are still a very small part of the illicit drug problem in Montana, its potency makes it a significant threat.  Fentanyl is 80 to 100 times stronger than morphine, and some of its analogues are stronger yet.  According to the Drug Enforcement Administration, drug dealers often add fentanyl to heroin and methamphetamine to increase the potency of those illicit drugs, which can be deadly.  In 2017, two Bozeman residents died and five more overdosed after they consumed counterfeit OxyContin tablets that contained a powerful fentanyl analogue, carfentanil.  These substances are a threat to Montanans and must be regulated by Congress.

“I am urging Congress to give us the tools we need to continue our efforts against the distribution of fentanyl and its analogues here in Montana.  We need every tool we have to target this growing threat. Congress must take action immediately to extend the scheduling of these dangerous substances.”

Background:  In an effort to combat this deadly drug epidemic, DEA issued a temporary emergency two-year order in February 2018 that made all fentanyl-related substances illegal.  Our country has seen a marked supply impact from DEA’s temporary scheduling of fentanyl-related substances during the past two years, with a 50 percent decrease in fentanyl-related substances encountered across the United States.  However, DEA’s emergency authority expires at midnight on Feb. 6, 2020, unless Congress acts to extend it.

XXX

GREAT FALLS – A jury on Tuesday convicted a Shelby woman of firearms crimes for lying while buying a handgun and then giving it to a juvenile, U.S. Attorney Kurt Alme said.

The jury found Susan Kaytlin Scott, 52, of Shelby, guilty of false statement during a firearms transaction and of transfer of a handgun to a juvenile, as charged in an indictment. Scott faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release on the false statement count and a maximum one year in prison, a $100,000 fine and one year of supervised release on the transfer to a juvenile count.

U.S. District Judge Brian M. Morris set sentencing for June 4 and continued Scott’s release.

 “Federal firearms laws are in place to protect us from dangerous use. Lying to buy a handgun and then giving it unsupervised to a youth who points the loaded firearm at people is a serious offense. I want to thank Assistant U.S. Attorney Paulette Stewart, the Bureau of Alcohol, Tobacco, Firearms and Explosives, Great Falls Police Department and the Toole County Sheriff’s Office for investigating and prosecuting the case.” U.S. Attorney Alme said.

In evidence presented at trial, the prosecution said Scott bought a Taurus 9mm handgun for a 17-year-old boy on Nov. 21, 2018 at Scheels in Great Falls. In required background paperwork, Scott answered that she was the actual transferee/buyer of the firearm. However, Scott bought the handgun for the boy as an early birthday present. The boy and his friend were present during the purchase, and Scott used the boy’s debit card for the purchase. Following the sale, the boy kept the handgun, and ammunition, at another residence.

A juvenile witness told investigators that the boy kept the handgun in a holster in his bedroom and had a magazine loaded in the pistol but not a round in the chamber. The boy and three friends would take out the handgun, point it at things in the room or at each other. The witness also reported that the boy pointed the handgun at Scott during an argument.

Assistant U.S. Attorney Paulette Stewart prosecuted the case, which was investigated by the ATF, Great Falls Police Department and Toole 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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GREAT FALLS—An assistant basketball coach at Stonechild College on the Rocky Boy’s Reservation appeared today on charges he sexually abused a minor, U.S. Attorney Kurt Alme said.

Christopher Brown, 31, of Box Elder, was charged by a criminal complaint with sexual abuse of a minor. If convicted of the most serious crime, Brown faces a maximum 15 years in prison, a $250,000 fine and five years of supervised release. The case will be presented to a grand jury for an indictment.

The complaint is merely an accusation, and Brown is presumed innocent until proven guilty.

U.S. Magistrate Judge John T. Johnston presided at the hearing and detained Brown pending further proceedings.

Court records filed by the prosecution accuse Brown of having sex with a minor girl multiple times from July 2018 to December 2019 on the Rocky Boy’s Reservation. Brown worked an assistant basketball coach for Stonechild College and also tutored and helped with coaching basketball at Rocky Boy’s middle and high schools. Through his work as a coach and relationships with friends, Brown became acquainted with the victim.

Assistant U.S. Attorney Jared Cobell is prosecuting the case, which was investigated by the FBI and the Rocky Boy’s Police Department.

Pacer case reference. 20-04.

If the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.

To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

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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 Jan. 21 was:

Darren Samuel Whiteman, 36, of Billings, on charges of robbery affecting commerce and possession of a firearm in relation to a crime of violence. If convicted of the most serious crime, Whiteman faces a maximum 20 years in prison, a $250,000 fine and three years of supervised release, and a minimum mandatory 10 years to life consecutive to any other crime if convicted of discharge of the firearm. Whiteman was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives and Billings Police Department investigated the case. Pacer case reference. 20-10.

Rodney George Plentyhawk, Jr., 42, of Lame Deer, on charges of prohibited person in possession of a firearm and ammunition. If convicted of the most serious crime, Plentyhawk faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Plentyhawk was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. Pacer case reference. 19-148.

Appearing on Jan. 24 was:

Nicholas Dale Jennings, 35, of Minot, N.D., on charges of prohibited person in possession of a firearm. If convicted of the most serious crime, Jennings faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Jennings was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. Pacer case reference. 19-156.

Robert Hal Hanson, 59, of Lavina, 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, Hanson faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. Hanson was detained pending further proceedings. The FBI West task force investigated the case. Pacer case reference. 19-132.

Frank Agedious Gun Shows, 41, a transient, on charges of failure to register as a sex offender. If convicted of the most serious crime, Gun Shows faces a maximum 10 years in prison, a $250,000 fine and five years to life of supervised release. The U.S. Marshals Service investigated the case. Pacer case reference. 19-130.

Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on Jan. 22 was:

Santiago Marron, 37, of San Bernardino, CA, 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, Marron faces a minimum mandatory 10 years to life in prison, a $10 million fine and five years of supervised release. Marron was detained pending further proceedings. The Northwest Drug Task Force and Homeland Security Investigations investigated the case. Pacer case reference. 20-2.

If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.

To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

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Missoula—A Wyoming man convicted of trafficking large quantities of methamphetamine in the community for several years was sentenced today to nine years in prison and five years of supervised release, U.S. Attorney Kurt Alme said.

Alberto Hernandez, Jr., 35, of Gillette, Wyo., pleaded guilty in October to conspiracy to distribute meth.

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

The prosecution said in court records that Hernandez was a major meth dealer from about 2015 to 2019. Missoula Police Department officers arrested Hernandez on April 12, 2019 on an outstanding warrant and a search of Hernandez determined he had $1,279 in U.S. currency and more than 20 grams of meth.

Confidential informants told law enforcement that Hernandez supplied them with meth. One of the informants said Hernandez would deliver one or two pounds of meth every week and that in total, Hernandez distributed an estimated 75 pounds to 100 pounds of meth in Missoula over a two-year period. One hundred pounds of meth is the equivalent of about 362,400 doses.

Assistant U.S. Attorney Tara Elliott prosecuted the case, which was investigated by the Montana Regional Violent Crimes Task Force and the FBI.

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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MISSOULA—Selling methamphetamine to an undercover agent in 2018 sent a Marion resident to prison today for one year and one day to be followed by three years of supervised release, U.S. Attorney Kurt Alme said.

Rene Myron Gardner, 62, pleaded guilty in October to conspiracy to distribute meth.

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

In court documents filed in the case, the prosecution said that in the fall of 2018, Gardner conspired with others to sell meth. An undercover agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives bought about an ounce of meth from Gardner at his residence. The agent paid Gardner $1,000. Then in November 2018, the agent bought an ounce of meth and a sawed-off shotgun from one of Gardner’s co-conspirators. The meth deal occurred at Gardner’s residence, while the group went to the co-conspirator’s residence to complete the shotgun purchase. The agent paid $1,250 for the meth and $500 for the firearm.

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

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 California man who admitted that two pounds of meth found during a traffic stop were his was sentenced today to 10 years in prison and five years of supervised release, U.S. Attorney Kurt Alme said.

Tony Gregory Amador Ortiz, 25, of Rancho Cordova, CA, pleaded guilty in October to possession with intent to distribute meth.

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

The prosecution said in court records that an undercover surveillance operation by Missoula drug task force officers on July 15, 2019 led to a traffic stop of a vehicle in which Ortiz was a passenger. In a search of the vehicle, officers found two pounds of meth. Ortiz admitted the meth belonged to him. Two pounds of meth is the equivalent of about 7,248 doses.

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

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. 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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MISSOULA – A West Yellowstone man today admitted to possessing unregistered improvised bombs after law enforcement found three small devices in his truck last year, U.S. Attorney Kurt Alme said.

Charles Gibson Bailey, 33, pleaded guilty to possession of unregistered explosive devices. Bailey faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release.

U.S. Magistrate Judge Kathleen L. DeSoto presided and recommended Bailey’s plea be accepted by Chief U.S. District Judge Dana L. Christensen, who is hearing the case. Sentencing is set for May 8. Bailey was released.

In court records filed in the case, the prosecution said evidence showed that on Feb. 26, 2019, the West Yellowstone City Court issued a protection order against Bailey. On March 27, 2019, in connection with an investigation into Bailey’s violation of the protection order, law enforcement officers searched Bailey’s truck.

During the search, officers seized three small destructive devices, which were examined by an expert with the Bureau of Alcohol, Tobacco, Firearms and Explosives. The ATF expert concluded the three devices were designed as weapons and were properly identified as improvised explosive devices. Bailey did not register the devices with the National Firearms Registration and Transfer Record.

Assistant U.S. Attorney Tim Racicot is prosecuting the case, which was investigated by the ATF, West Yellowstone Police Department, Gallatin County Sheriff’s Office and National Park Service.

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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HELENA – A jury on Thursday convicted a Helena man who worked for GardaWorld of multiple crimes after he was accused of taking money stolen from an armored truck and spending it gambling and shopping in Las Vegas, day trading and traveling to France, U.S. Attorney Kurt Alme said.

The jury found John Gregory Alexander Herrin, 30, of Helena, guilty of one count of interstate transportation of stolen property and eight counts of money laundering. The jury acquitted Herrin on four counts of money laundering and attempted witness tampering.

Herrin faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release on the interstate transportation of stolen property and money laundering crimes.

The trial began on Monday, with U.S. District Judge Sam Haddon presiding. Judge Haddon set sentencing for May 19 and ordered Herrin detained.

“Those who transport or spend stolen money or money from illegal activities will be caught and convicted in federal court. Greed doesn’t pay. I want to thank Assistant U.S. Attorneys Tim Racicot and Michael Kakuk, the FBI and the Secret Service for their work investigating and prosecuting this case,” U.S. Attorney Alme said.

In evidence presented at trial, the prosecution said that on Nov. 20, 2013, three bags containing $390,000 went missing from a GardaWorld truck. Helena employees initially loaded the money into a truck and drove to Missoula, where they met Missoula employees and transferred some currency bags to another truck for local delivery. While in Missoula, the Helena employees left their truck locked, but unattended, several times while servicing banks and ATMs before continuing to Kalispell. After arriving in Kalispell, employees discovered three bags containing $390,000 were missing.

Herrin worked for Garda from 2012 until 2014. An internal investigation by Garda was unable to definitively implicate anyone in the theft.

Not long after the theft, the prosecution said, Herrin’s financial situation drastically changed.

Herrin went to Las Vegas twice in January 2014 and again in July 2014. While in Las Vegas, Herrin stayed at a high-end casino, gambled and went shopping with a female companion. He made large cash deposits at the casino and bought a watch for $22,600 with cash.  On return from his first trip, Herrin deposited a casino cashier’s check for $123,500 and $37,350 cash, for a total of $160,870, into his checking account. Prior to the deposit, Herrin’s account had a $945.65 balance. Herrin told the bank teller he went to Las Vegas with $500 and won $160,000 gambling. While the teller was counting the cash, a Garda courier came into the bank to make a pick up. Herrin walked away from the counter and sat at an online banking station until the courier left. He then returned to the counter to complete his transaction.

On his second trip to Las Vegas, Herrin’s buy in at the casino was $50,100 cash and he lost $50,000. He also used his Visa credit card to buy more than $30,000 in merchandize from luxury retail stores and transferred money from his checking account to pay down the card balance.

After the second Las Vegas trip, Herrin went to his bank with a shoe box full of $20 bills for deposit into his checking account. The day before the deposit, the account balance was $3,550. Herrin told the teller he wasn’t sure how much money was in the box but that he had “another big score” in Vegas. He thought he had about $120,000.

Herrin also told the teller he didn’t have a job but was doing some day trading. During the transaction, another Garda courier entered the bank. Herrin had already turned his back on the courier, seemingly in an effort not to be seen by the Garda employee.

In addition to the Las Vegas trips, Herrin started day trading in 2014. He opened an account with Ameritrade, deposited $111,100 and had significant losses. His losses were inconsistent with statements he made to bank employees that he was making money day trading.

In March 2014, Herrin traveled to France with a female companion and charged the trip to his Visa card. The trip cost more than $20,000.

In the spring of 2014, Herrin moved to Springfield, MO, and used his Visa card to enroll in college and for living expenses.

By the fall, Herrin’s financial situation turned dire. In January 2015, he owed $17,753 on his Visa card, and in February 2015, Ford Motor Credit repossessed his car, which he had purchased about one month before the Garda theft.

In interviews with law enforcement, all of the Garda employees denied knowledge about and involvement in the disappearance of the $390,000. A former employee, who was also a roommate of Herrin’s, indicated that Herrin had showed him a casino check for gambling proceeds purportedly won in January 2014. He also indicated Garda employees left trucks unattended from time to time against company policy and that a broom handle could be used to unlock the trucks. The former employee also told law enforcement he had seen Herrin unlock a truck using a broom handle.

Herrin’s former female companion told law enforcement she responded to his Craigslist ad seeking company for a trip to Las Vegas. Herrin gave her money, took her shopping and bought her a $5,000 Louis Vuitton bag and more than $2,000 in dresses. After the France trip, the pair had a falling out.

Assistant U.S. Attorneys Tim Racicot and Michael Kakuk prosecuted the case, which was investigated by the FBI and Secret Service.

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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 Jan. 13 was:

Tyler James Fleming, 37, of Billings, on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute meth and possession of a firearm in furtherance of a drug trafficking crime. If convicted of the most serious crime, Fleming faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. Fleming was detained pending further proceedings. The Eastern Montana High Intensity Drug Trafficking Area Task Force investigated the case. Pacer case reference. 20-03.

Kimberly Rosamond Fanslau, 39, of Charlotte, MI, on charges of conspiracy to possess with intent to distribute meth and heroin and possession with intent to distribute meth and heroin. If convicted of the most serious crime, Fanslau faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. Fanslau was detained pending further proceedings. The Drug Enforcement Administration investigated the case. Pacer case reference. 19-121.

Anthony Shoulderblade, 32, of Lame Deer, on charges of assault with a dangerous weapon and use/discharge of a firearm during a crime of violence. If convicted of the most serious crime, Shoulderblade faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release on the assault charge and a consecutive minimum mandatory 10 years, $250,000 fine and five years of supervised release on the discharge of a firearm charge. Shoulderblade was detained pending further proceedings. The FBI investigated the case. Pacer case reference. 19-53.

Appearing on Jan. 14 was:

Charles Eyre, 60, a transient, on charges of possession with intent to distribute meth. If convicted of the most serious crime, Eyre faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. Eyre was released pending further proceedings. The Eastern Montana High Intensity Drug Trafficking Area Task Force investigated the case. Pacer case reference. 19-145.

Jolson Hubert Bearcomesout, 39, of Lame Deer, on charges of assault resulting in serious bodily injury. If convicted of the most serious crime, Bearcomesout faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Bearcomesout was detained pending further proceedings. The Bureau of Indian Affairs Investigated the case. Pacer case reference. 20-02.

Appearing on Jan. 16 was:

Justice Price Stiltner, 21, of Billings, on charges of felon in possession of a firearm. If convicted of the most serious crime, Stiltner faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Stiltner was detained pending further proceedings. The case was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force. Pacer case reference. 20-05.

Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Jan. 14 was:

Eric Shawn Roasting Stick, 37, of Box Elder, on charges of assault with a dangerous weapon and domestic abuse by habitual offender. If convicted of the most serious crime, Roasting Stick faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Roasting Stick was detained pending further proceedings. The FBI investigated the case. Pacer case reference. 20-01.

If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.

To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

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MISSOULA—A Marion man who admitted illegally transporting grizzly bear claws to Washington after shooting the bear in the Bob Marshal Wilderness in 2017 was sentenced today to three years of probation and ordered to pay $5,000 restitution to the U.S. Fish and Wildlife Service, U.S. Attorney Kurt Alme said.

Bryan Berg, 35, pleaded guilty and was sentenced today to illegal transportation of grizzly bear claws, a Lacey Act Violation.

U.S. Magistrate Judge Kathleen L. DeSoto presided.

Berg faced a maximum one year in prison, a $10,000 fine and one year of supervised release.

The prosecution said in court records that law enforcement received a tip in September 2017 that Berg shot a grizzly bear, which is a threatened species, in the Hart Basin area of the Bob Marshal Wilderness in Montana. Agents flew to the scene and found a dead grizzly bear that was pushed down the mountain. The bear’s front claws had been removed.

In an interview with law enforcement officers in March 2018, Berg said he shot the grizzly bear in self-defense, which the investigation confirmed to be accurate. Berg, however, did not report the grizzly bear shooting as required by law. Berg then removed the claws and took them to Washington. Berg cannot legally possess or transport the claws. Berg knew that taking the grizzly bear claws was illegal and turned them over to law enforcement during the interview. Berg also provided law enforcement with photographs and video of him near the grizzly bear after the shooting.

Assistant U.S. Attorney Ryan Weldon prosecuted the case, which was investigated by the U.S. Fish and Wildlife Service and the Montana Department of Fish, Wildlife and Parks.

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GREAT FALLS—A Browning woman who admitted selling methamphetamine in the community for more than two years was sentenced on Jan. 15 to 42 months in prison and five years of supervised release, U.S. Attorney Kurt Alme said.

Nicole Smith, 34, pleaded guilty in October to possession with intent to distribute meth.

U.S. District Judge Brian Morris presided.

In court records filed in the case, the prosecution said Smith possessed and distributed meth on and near the Blackfeet Reservation and out of Cut Bank. The Glacier County Sheriff’s Office and Cut Bank Police Department received information in June 2018 that Smith was selling meth. Confidential sources indicated they had bought meth from Smith on numerous occasions and at times bought “pound quantities.”  Law enforcement also conducted a controlled meth buy from Smith that same month.

In April 2019, Drug Enforcement Administration agents met with Smith, who was in custody on a traffic stop. After advising Smith of the evidence against her, Smith admitted she had obtained and sold several eight-balls of meth every week for more than the past two years. Smith also admitted getting five to six ounces of meth from a different supplier for redistribution.

Assistant U.S. Attorney Jeff Starnes prosecuted the case, which was investigated by the Bureau of Indian Affairs and 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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