District of Montana

MISSOULA – Two former corporate officers of USA Brass Company, Inc. a Bozeman-based company that cleaned and polished spent ammunition casings for resale and reuse, pled guilty to separate offenses related to the company’s unauthorized discharges of lead-contaminated waste water into the City of Bozeman’s sewer system in 2013.  U.S. Magistrate Jerimiah Lynch presided over the plea hearings held in Missoula on August 2 and August 9.

Zachary Daniel Flanagan, a 26-year old resident of Bozeman, Montana and former Chief Executive Officer of USA Brass, pled guilty to a felony false statement offense for making false representations to the pretreatment coordinator for the City of Bozeman’s Publicly Owned Treatment Works (POTW) regarding the nature of lead-contaminated industrial waste water generated by USAB to gain permission to discharge the wastewater into the city’s sewer system.

Flanagan pled guilty to an information alleging that he falsely stated in a November 2013 email to the pretreatment coordinator that USAB’s laboratory analysis of the waste water had been reviewed by an environmental consultant who concluded that the lead-contaminated waste water “would be fine to send down the sewer.”  Flanagan admitted that the statement was false because the consultant had not reviewed analytical results and had not concluded that the waste water was suitable for discharge to the city sewer.  Sentencing for Flanagan is scheduled for November 15, 2018.

Nolan Michael Schimpf, a 26-year old resident of Bozeman, Montana, and former Chief Production Officer of USA Brass, pled guilty to a misdemeanor count under the federal Clean Water Act for negligently discharging the lead-contaminated waste water into the Bozeman POTW without authorization from September 2013 to December 2013, in violation of the City’s pretreatment program that regulates industrial discharges of pollutants into the City’s Publicly Owned Treatment Works. Schimpf is scheduled to be sentenced on November 16, 2018.

The EPA’s criminal investigation into the company’s waste water disposal practices followed a 2013 OSHA investigation into lead exposure of workers at the USA Brass facility that resulted in OSHA citations for worker safety violations.  USA Brass has since closed the Bozeman business.

"The defendants jeopardized public health and safety by discharging lead contaminated wastewater into public sewage systems, and lied to a local City official to obtain permission for the discharges,” said Special Agent in Charge Jeffrey Martinez of EPA’s Criminal Investigation Division in Montana.  “This case sends a clear signal that EPA will hold accountable those who violate laws designed to protect our communities and the environment.”

This case was prosecuted by Assistant U.S. Attorney Bryan R. Whittaker and Special Assistant U.S. Attorney Eric E. Nelson.  It was investigated by the U.S. Environmental Protection Agency’s Criminal Investigation Division, Montana Office.

BILLINGS - The United States Attorney’s Office announced today that Martin Anderson was sentenced to 220 months in prison, five years of supervised release, and a $100 special assessment.  U.S. District Judge Susan Watters presided over the hearing.   

Anderson previously entered a guilty plea to conspiracy to possess with intent to distribute methamphetamine.  In or before July 2016 Anderson entered into an agreement with other conspirators to import substantial amounts of methamphetamine into the Sidney area of Montana for redistribution.  Law enforcement would learn that Anderson, who has an extensive criminal history, purchased from California and arranged for its transportation and re-distribution in Sidney and elsewhere.  Law enforcement would conduct multiple controlled purchases of methamphetamine from Anderson.  A search warrant executed on Anderson’s residence in March 2017 resulted in the discovery of methamphetamine and numerous items associated with narcotics distribution. At sentencing, Judge Watters found that at least 4.5 kilograms of actual methamphetamine was attributable to Anderson.

In a sentencing memorandum filed in federal court, federal prosecutors noted Andersons’s “life of crime” and his “sheer breadth” of this conduct in importing such a large quantity of methamphetamine to the Bakken.  In that memorandum, the United States described how Anderson was responsible for approximately half a pound of methamphetamine per week.  Anderson represented a significant player in the methamphetamine distribution network in Sidney and beyond.

Judge Watters sentenced Anderson to over 18 years in federal prison, with five years of supervised release to follow.  Because there is no parole in the federal system, Anderson will likely serve all of the time imposed by the court.  In the federal system, Anderson does have the opportunity to shorten the term of custody by earning credit for good behavior.  However, this reduction will not exceed 15% of the overall sentence.      

Judge Watters previously sentenced other defendants directly affiliated with Anderson.  His co-defendant, Autumn Guerrero was sentenced to 84 months.  Co-conspirators Timothy Swope and Tiffany Boland were sentenced to 156 months and 60 months, respectively, by Judge Watters.

The Anderson case was investigated by the Federal Bureau of Investigation, Montana Department of Criminal Investigation, and other federal, state, and local agencies. Assistant United States Attorneys Zeno Baucus and Bryan Dake prosecuted Anderson. 

GREAT FALLS -  A Great Falls man was sentenced today for receipt of child pornography.  United States District Judge Brian M. Morris sentenced Shale Dean Brandt, 43, to 72 months in prison, 5 years of supervised release, and a $100 special assessment.  Brandt was also ordered to pay $33,136.40 in restitution.

The charge stemmed from an investigation by Homeland Security Investigations into an Interpol tip that showed Brandt participated in chats and expressed a sexual interest in children.  Brandt was interviewed and consented to the search of numerous electronic devices.  A total of 551 specific images and 24 videos were found on the devices. A certified forensic examiner analyzed the three devices and found the devices contacted files, images, and videos depicting child pornography.  The video files depicted images of prepubescent children involved in sexually explicit conduct.  In one instance, the defendant communicated with a Montana woman who provided the defendant with images of child pornography of her 10-year old daughter.

The case was investigated by Homeland Security Investigations and prosecuted by Assistant U.S. Attorney Tom Bartleson.

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

GREAT FALLS - The United States Attorney’s Office announced today that 62-year old Jack Tome of Great Falls was sentenced to 72 months in prison, five years of supervised release, and a $100 special assessment.  U.S. District Judge Brian M. Morris presided over the hearing.  

In the spring of 2016, the Russell County Drug Task Force began investigating the defendant, Jack Tome, for distributing methamphetamine.  The defendant shared a house in Great Falls with his girlfriend, and law enforcement was aware that numerous individuals frequented the home in order to obtain methamphetamine.  Other sources told the police that the defendant conducted the majority of his methamphetamine business in the detached garage of the house. 

On September 8, 2016, detectives received information that the defendant had traveled to Washington to obtain methamphetamine with Juan Magana.  The following day, detectives observed Magana drop the defendant off at his home in Great Falls.  Detectives then obtained a search warrant for the home and garage, and found the defendant weighing methamphetamine and dividing it into smaller quantities.  Magana was previously convicted and sentenced for his involvement in this drug crime. 

The defendant spoke with detectives and acknowledged he had been receiving methamphetamine from Magana.  He also explained that he was expecting customers for the methamphetamine he had just received at the time the detectives executed the search warrant.  The defendant said he typically purchased an ounce of methamphetamine from Magana for $800, and resold the methamphetamine for $50 a half-gram, $100 a gram, and $275 for 3.5 grams of methamphetamine.

Detectives seized three baggies of methamphetamine from the defendant’s coat pockets.  Detectives also seized a bag of methamphetamine from a shop table in the garage, and a bag of methamphetamine from the defendant’s pants pocket.  In total, detectives seized 71.39 grams of actual methamphetamine from the defendant. 

Tome has a history of felony drug convictions.

The case was prosecuted by Assistant U.S. Attorney Jessica Betley and investigated by Homeland Security Investigations, and the Russell Country Drug Task Force.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

MISSOULA – The United States Attorney’s Office announced today that BNSF Railway Company has agreed to settle a lawsuit brought on behalf of the United States Forest Service regarding road use and damage on the Kootenai National Forest.

The lawsuit alleges that BNSF Railway damaged Forest Service roads on the Kootenai National Forest and failed to pay its fair share of costs for its commercial use of Forest Service roads.  First, the lawsuit claims that in 2011, a train derailed from the BNSF line and spilled grain in an area along the BNSF line adjacent to a Forest Service road.  The United States alleges that the grain removal and clean up from the spill damaged Forest Service roads, and BNSF has refused to pay for the damage to the road.  The United States also claims that, since 2014, BNSF Railway has refused to pay the costs for road maintenance and permit fees associated with the use of overweight vehicles during seasonal road closures on the Kootenai National Forest.  Last, the United States alleges BNSF Railway has trespassed on numerous Forest Service roads without obtaining the appropriate permits or authority.

Under the settlement, BNSF Railway will pay the United States $200,000.  It will also spend up to $750,000 through 2019 to repair and maintain Forest Services roads located on the Kootenai National Forest that were damaged by its past use.  In addition, BNSF Railway and the Kootenai National Forest have entered a Commercial Road Use Permit and a Forest Road Operation and Maintenance Agreement.  These agreements will govern BNSF Railway’s use of Forest Service roads on the Kootenai National Forest in the future and require BNSF Railway to make annual contributions to Forest Service road maintenance. 

“This settlement demonstrates our commitment to ensuring that commercial road users such as BNSF Railway, which utilize public land and roads for their businesses, pay their fair share for the wear and tear they cause to our public resources,” said U.S. Attorney Kurt Alme of the District of Montana.  “Our office, in conjunction with the Forest Service, will continue to protect our public resources and ensure that taxpayers are not required to pay for damage caused by a business operating across federal land.

“I am pleased that we have come to a resolution on this issue and look forward to working with BNSF into the future on the Kootenai National Forest,” added Chris Savage, Forest Supervisor for the Kootenai National Forest. 

The case, United States of America v. BNSF Railway Company, Cause No. CV-17-20-M-DLC-JCL (D. Mont.) was filed in February 2017 by Assistant U.S. Attorney Megan Dishong and stayed during the parties’ settlement negotiations.  Following the settlement between the United States and BNSF Railway, the federal district court has dismissed the case.

MISSOULA – Richard Lee Clark, a 59-year-old resident of Belgrade, was sentenced today to 60 months in prison followed by four years supervised release after pleading guilty to conspiracy to possess with intent to distribute controlled substances.  U.S. District Judge Dana Christensen handed down the sentence.

In late September 2016, investigators from the Missouri River Drug Task Force used a confidential informant to purchase methamphetamine.  The confidential informant used Shannon Leavitt to arrange a drug deal.  On October 3, 2016, investigators again used a confidential informant to purchase seven grams of methamphetamine from Leavitt.  The informant and Leavitt went to her father’s, Richard Clark, house to pick up the methamphetamine.  During that transaction, Leavitt told the informant that she was in business of dealing meth with her father Richard Clark.

Investigators also learned that methamphetamine was being shipped through the United States Mail to the Clark/Leavitt address.  Investigators were then notified by the U.S. Postal Service about an express mail package being shipped to that address.  Investigators had a K9 from the Bozeman Police Department sniff the package.  The K9 positively alerted on the package for the presence of drugs.  Investigators obtained a search warrant for Clark/Leavitt residence.  They then delivered the package to the residence.  Later that afternoon, Richard Clark returned to the home, retrieved the package, and went inside.  Investigators then executed the search warrant at the house and found evidence of drug dealing.  When they searched the Express Mail package, investigators found that it contained a candle and a tennis ball.  There was an obvious hole in the tennis ball and investigators pulled a package out of it that contained 10.4 grams of methamphetamine.  The candle was cut open which revealed the bottom half had been hollowed out and then resealed in a manner which made it look as though it had not been tampered with.  The hollowed out portion of the candle held a package with 29.1 grams of methamphetamine. 

Leavitt was interviewed after the search and admitted her role in the conspiracy.  She said she was getting an ounce of methamphetamine a week for the past month from her source in Salt Lake City.  She further said that she had previously driven to meet her source halfway between Montana and Salt Lake to get methamphetamine.  Leavitt also stated that she would send her source the money through Western Union or Wal-Mart to Wal-Mart.  Clark was also interviewed and said that he had been getting meth from the same source of supply as had been identified by Leavitt.  Clarke said that he had ordered four ounce packages of meth from his source himself and that at one point, his source came to Montana to meet Clarke.  He said he would get the money to his source by wiring it to him and would pay $550 for an ounce. Clarke also stated that he had sold or given meth to people who had come by the residence. 

Clarke was held accountable for a total drug weight of 158.2 grams of methamphetamine which amounts to 1265 individual doses of the drug.

Shannon Leavitt has also pled guilty to her role in the drug conspiracy and was sentenced on January 19, 2018 to 60 months imprisonment.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

The case was prosecuted by Assistant U.S. Attorney Bryan R. Whittaker and investigated by the FBI, Gallatin County Sheriff’s Office, Bozeman Police Department, and the United States Postal Service.

MISSOULA - Allen Harwood, 41, and Dezmen Patron, 20, both of Missoula, were sentenced today to 138 months and 126 months in prison respectively to be followed by 5 years of supervised release.  Both pleaded guilty to conspiracy to distribute methamphetamine and possessing a firearm in furtherance of drug trafficking. US District Judge Donald W. Molloy handed down the sentences.

Beginning in September of 2017 and continuing through February 6, 2018, Harwood and Patron distributed methamphetamine around the Missoula area.  They would most often get the methamphetamine from Eastern Washington and return to Missoula to sell the methamphetamine out of Harwood’s residence.  Harwood and Patron also carried firearms and exchanged firearms for methamphetamine on several occasions.

The case was prosecuted by Assistant U.S. Attorney Tara Elliott and investigated by the FBI’s Montana Regional Violent Crime Task Force.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

BILLINGS – Doyle Wesley Pearson, a 39-year-old Philipsburg resident, was sentenced today to 48 months in prison followed by 3 years supervised release after pleading guilty to prohibited person in possession of firearms on March 6, 2018.  U.S. District Judge Susan P. Watters handed down the sentence. 

Between July 29 and August 1, 2016, Pearson possessed and pawned eight firearms in Livingston, Butte, and Missoula, Montana.  Pearson told law enforcement officers that he pawned the eight firearms at eight difference pawnshops so he would not appear suspicious.  Pearson’s prior convictions include a Montana failure to register as a sex offender in August 2015 and sodomy in the second degree sodomy from Oregon in 1995.  At the time, Pearson was on absconder status with his supervising probation officer and using methamphetamine. 

The case was investigated by the Bozeman Police Department, Montana Highway Patrol, and Bureau of Alcohol, Tobacco, Firearms, and Explosives. 

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

BILLINGS - The United States Attorney’s Office announced today that Donald Theodore Fuller, a 34 year-old resident of Greycliff, Montana was sentenced to 120 months in prison, 5 years of supervised release, and a $100 special assessment.  Fuller was convicted of possession of methamphetamine with intent to distribute in violation of 21 U.S.C. § 841(a)(1).  

In May 2016, Billings Police received a tip about a male selling methamphetamine from a local hotel room.  Based on the tip, officers were able to determine which room the male had rented.  Eastern Montana HIDTA Task Force agents also assisted in the investigation and they eventually obtained a search warrant for the room.  When agents executed the warrant, Fuller was in the room.  During the search, agents seized 397.6 grams of pure methamphetamine, two firearms, $79,790 in United States Currency, and multiple items of drug paraphernalia.  The 397.6 grams of pure methamphetamine converts to 3,176 individual doses. 

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.  Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

MISSOULA – Shane Courtney, 50, of Great Falls, Montana, was sentenced today to 66 months in prison for possession of child pornography. Courtney pleaded guilty January 24, 2018 to one count of possession of child pornography.  Courtney admitted that from June 2005 through February 28, 2017, he possessed child pornography.  Federal agents discovered his child pornography collection after they searched his residence in February 2017.  At that time, Courtney was residing in Anaconda with his wife and children.   Agents seized computers and storage devices that were later examined by the Intermountain West Regional Computer Forensics Laboratory in Billings.   A Certified Forensic Examiner determined that Courtney possessed numerous files depicting child pornography including images of prepubescent children.

In addition to the prison term, U.S. District Court Judge Dana L. Christensen ordered Courtney to pay a $100 special assessment and ordered 15 years of supervised release.

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

The case was investigated by Federal Bureau of Investigation and U.S. Immigration and Customs Enforcement Homeland Security Investigations.  Both federal agencies are members of the Montana Internet Crimes Against Children Task Force.  The case was prosecuted by Assistant United States Attorney Cyndee L. Peterson.

GREAT FALLS - The United States Attorney’s Office announced that former Fort Peck Tribal Officer Mikkel Derrik Shields was sentenced to one year in prison, one year of supervised release, and ordered to pay $1,149.06 in restitution.  The sentencing occurred on June 28, 2018, before U.S. District Judge Brian Morris, in Great Falls, Montana. 

In an offer of proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government explained that Officer Shields, while on duty, broke into the evidence room at the Fort Peck Tribal Law and Justice Building.  While there, Officer Shields stole drug evidence, including methamphetamine, prescription drugs, marijuana, and money.  When interviewed, Officer Shields admitted he indeed took the drugs because he “just needed them” and he was a “weak person.”  As a result of Shields’ actions, the Fort Peck Tribe was forced to dismiss 27 criminal cases, including other drug cases, assaults, and property crimes. 

This case was investigated by the Federal Bureau of Investigation.  Because there is no parole in the federal system, the truth in sentencing guidelines mandate that Shields will likely serve all of the time imposed by the court.  In the federal system, Shie.ds does have the opportunity to shorten the term of custody by earning credit for good behavior.  However, this reduction will not exceed 15% of the overall sentence.     

GREAT FALLS –Jaycob Tyler Kutzera, 23, from Redlands, California, was sentenced yesterday in U.S. District Court.  U.S. District Court Judge Brian Morris sentenced Kutzera to  180 months’ imprisonment.  Upon his release, he will be on supervised release for 5 years.  Kutzera was also ordered to pay restitution to the victim.   

The case stems from a 2016 investigation.  In April 2016, the mother of a 12-year old girl contacted the Great Falls Police Department.  The mother, formerly of Great Falls, stated that she had looked through her daughter’s cell phone and saw sexually explicit communications between her 12-year old daughter and a male.  The mother also saw sexually explicit images.  During its investigation, the Great Falls Police Department determined the 12-year old girl engaged in sexually explicit communications with Kutzera via Facebook and other online applications.  Kutzera requested sexually explicit images of the girl during their online chats.  Great Falls Police Detective Jesse Slaughter traveled to California, seized Kutzera’s cellular phone and computer pursuant to a search warrant, and interviewed Kutzera.  During the interview, Kutzera admitted that he knew the girl was 12 years old, yet he continued to engage in the sexually explicit communications with her.   He also continued to receive images and videos of the child engaged in sexual conduct.  He also sent the child images of himself masturbating.  Kutzera’s conduct continued from April through October 2016. 

The case was prosecuted by Assistant U.S. Attorney Cyndee L. Peterson.  This case was investigated by members of the Montana Internet Crimes Against Children Task Force, the Great Falls Police Department, DHS-Homeland Services Investigations and FBI Regional Computer Forensic Laboratory.    This case was initiated under the Department of Justice’s Project Safe Childhood initiative which was launched in 2006 to combat the proliferation of technology-facilitated crimes involving the sexual exploitation of children.  Through a network of federal, state and local law enforcement agencies and advocacy organizations, Project Safe Childhood attempts to protect children by investigating and prosecuting offenders involved in child sexual exploitation.  It is implemented through partnerships including the Montana Internet Crimes Against Children (ICAC) Task Force.  The ICAC Task Force Program was created to assist state and local law enforcement agencies by enhancing their investigative response to technology facilitated crimes against children. 

HELENA – The United States Court of Appeals for the Ninth Circuit yesterday issued an order affirming a ruling from U.S. District Court Judge Sam E. Haddon that the United States Forest Service possesses an easement by prescription on behalf of itself and the public for use of Forest Service Trail No. 328, commonly known as the Indian Creek Trail, in the Madison Ranger District of the Beaverhead-Deerlodge National Forest. This popular trail provides public access into the Lee Metcalf Wilderness. 

The case arose in 2014, when Plaintiff Wonder Ranch, LLC, sued the United States under the Quiet Title Act following the United States’ filing of a “statement of interest” in the trail. Wonder Ranch claimed that the trail, which traverses its 80-acre parcel east of Cameron, Montana, was used by the public by permission of the landowner, and that no public right of access existed.  The United States counter-sued, claiming that a prescriptive easement across Wonder Ranch for the public and the Forest Service to use the trail had been clearly established through many decades of stock, recreational, and commercial use. 

Following an eight-day trial in 2016, the District Court found that based on the historical evidence and testimony of multiple witnesses, a public easement had been established and maintained through generations of use of the Trail.  The Court of Appeals affirmed that ruling, holding that the District Court’s determination that a public right of way existed was not in error and that the easement is held by the Forest Service for the benefit of the public.

“We are very pleased with the Court’s decision,” said Leanne Martin, Forest Service Northern Regional Forester.  “Maintaining public access to USDA Forest Service lands is an important part of our mission.  At the same time, we ask everyone who accesses Forest Service land through private property, whether an easement exists or access is granted by permission, to be respectful of the landowner’s property rights.”

This case was argued before the Court of Appeals by Assistant U.S. Attorney Mark Smith.

COEUR D’ALENE, IDAHO - On June 26, 2018, Chad Lee Vonk, a 22-year-old resident of Lenore, Idaho, was sentenced to a term of incarceration of 10 years followed by 5 years of supervised release by U.S. District Court Judge Edward J. Lodge on felony charges of Hostage Taking and Strangulation. Mr. Vonk pled guilty to both crimes on November 30, 2017. Vonk’s guilty pleas were related to two different indictments for a pair of consolidated cases in Northern Idaho. 

On March 14, 2017, following a 17-hour standoff with law enforcement, a heavily armed suspect was taken into custody. Chad Lee Vonk, an enrolled member of an Alaska tribe, was extracted from his residence through a joint operation that included officers from the Nez Perce Tribal Police, the Nez Perce County Sheriff’s Office, the Lewis County Sheriff’s Office, the Idaho State Police, and the Federal Bureau of Investigation.

Nez Perce Tribal Police initially responded to reports of battery and domestic violence involving several victims at a residence in Lenore, ID.  Upon arrival, they determined that Vonk had taken members of the residence hostage. After negotiations with law enforcement, the hostages were released and received medical treatment. Mr. Vonk, however, remained barricaded in the residence. An FBI S.W.A.T team from Montana and Idaho continued negotiations with Vonk in an attempt to have him leave the residence peacefully.

At 10:00 a.m. on the morning of March 14, the S.W.A.T. team forcibly removed Vonk from the residence. No shots were fired.  According to a family friend, Vonk was transported to St. Joseph Regional Medical Center for injuries.

Mr. Vonk was then taken into the custody of the Nez Perce Tribe and was charged with domestic battery, resisting arrest, kidnapping, and a weapons offense. Vonk was later federally indicted for hostage-taking and kidnapping.

The Nez Perce County Sheriff, the Idaho State Police, Nez Perce Tribal Police, the Lewis County Sheriff and the FBI were able to peacefully resolve this highly volatile situation, according to Mary Jane Miles, Chairman of the Nez Perce Tribal Executive Committee. “All of the officers involved should be commended for the professional nature of their work in ensuring the safe release of the hostage and capture of the suspect.”

In a second, unrelated matter, Vonk also pled guilty to charges of strangulation in a case involving his domestic partner. In November 29th, 2016, Vonk strangled his then wife in Lenore, Idaho. The victim in that case survived the assault.

The United States Attorney for Montana Kurt G. Alme stated, “We are grateful to the Idaho US Attorney’s Office, the Idaho FBI, the members of the S.W.A.T. team, local and tribal law enforcement and the FBI Victim Witness Coordinators in the Coeur d’Alene Office for their cooperation in this case and support for the victims of these crimes.”  This case was prosecuted by AUSA Adam Duerk from the District of Montana who was appointed by the United States Attorney General’s Office as a special prosecutor.

 

LODGE GRASS, MONTANA - On August 4, 2017, Nehemiah Brokenrope, Frank Nomee Jr., and Denise Stewart were shot and killed after entering a home on the Crow Reservation.  Occupants of the home were also injured.  The Federal Bureau of Investigation and Bureau of Indian Affairs (BIA) conducted an extensive, 10-month investigation.   The investigation involved numerous interviews, evidence collection and analysis, and autopsies of the deceased. 

The investigation revealed that Brokenrope, Nomee, and Stewart forcibly entered the house carrying at least one gun and possibly another gun or other weapon.  An occupant of the home had a gun.  Shots were fired.  An occupant of the home was shot in the abdomen.  Brokenrope, Nomee, and Stewart were mortally shot. 

After a careful review of the evidence and witness testimony, prosecutors concluded the investigation could not conclusively determine who shot whom, or in what order the shots were fired.  Thus, there is no way to prove, beyond a reasonable doubt, who actually fired the shot(s) that killed any of the decedents.  Additionally, even if there were evidence sufficient to prove who shot whom, the United States would be unable to overcome beyond a reasonable doubt claims of self-defense and/or defense of another.  

Upon careful consideration of the evidence and after consulting with the experienced prosecutors reviewing the case, the United States Attorney determined that no charges can be filed in this case.

United States Attorney Kurt G. Alme stated, “This case has been a priority for the FBI, the BIA, and this office.  Violent deaths are a tragedy, and this incident has had deep impacts on the Crow Tribe and the residents of Lodge Grass.  We send our condolences to the entire community.”

HELENA – Mohammad Asif Waziri, a 47-year-old Pakistani citizen, was sentenced today to 48 months in prison followed by 3 years supervised release after pleading guilty to interstate stalking on April 4, 2018.  Senior U.S. District Judge Charles C. Lovell handed down the sentence.  The defendant was also ordered to pay $900.00 in restitution.

Waziri stalked four victims in Oregon between June and September 2017 by engaging in a pattern harassing phone calls and voicemails, Facebook Messenger messages, and packages.  Waziri did this despite being served with a no-contact order and being warned by law enforcement not to continue his harassment of the victims.

The case was prosecuted by Assistant U.S. Attorney Tom Bartleson and investigated by the Federal Bureau of Investigation and the Oregon State Police. 

BILLINGS - The United States Attorney’s Office announced today that Terrance Tyrell Edwards was sentenced to 360 months in prison, lifetime supervised release, and a $1,000 special assessment.  Edwards was also ordered to pay $3,370 in restitution to one of his victims.  U.S. District Judge Susan P. Watters presided over the hearing.   

A jury convicted Edwards in February of three counts of Sex Trafficking by Force, Fraud, or Coercion; three counts of Transportation of a Minor with Intent to Engage in Prostitution; one count of Obstruction of a Sex Trafficking Investigation; one count of Transportation of a Person with Intent to Engage in Criminal Sexual Activity; one count of Distribution of Marijuana to Person Under 21 Years of Age; and one count of Tampering with a Witness, Victim, or Informant.  The jury also convicted co-defendant Francine “Joanna” Granados of one count of Tampering with a Witness, Victim, or Informant. 

Beginning in March of 2016, shortly after he was released from prison on prostitution charges, Edwards began forcing his first female victim in this case to engage in commercial sex in Missoula, Montana.  Edwards physically and emotionally abused her and threatened her life and the lives of her family members.  Shortly after this victim escaped, Edwards transported another victim from Missoula to Billings and forced her to work in commercial sex.  Edwards sexually assaulted her and threatened her with violence if she ever spoke about what they had done in Billings.  In September of 2016, Edwards forced a third victim to engage in commercial sex in Missoula.  Edwards transported this victim throughout the state of Montana and to Utah, where he forced her to walk the street for commercial sex customers.  Edwards physically assaulted her, emotionally abused her, and threatened her and her child.  Edwards kept all of the money from the commercial sex encounters.

Also in September of 2016, Edwards transported three minor girls from North Dakota to Montana to work in commercial sex.  On their way to Billings, Edwards supplied them with marijuana.  Edwards was arrested in Billings shortly after arriving with the girls. 

Immediately after Edwards was arrested, he and co-defendant Granados began trying to influence the testimony of various victims.  In recorded jail calls, Edwards and Granados discussed how Granados would reach out to one of the minor victim’s family members and how Granados had used a relative’s Facebook account to communicate directly with that minor victim.  Edwards himself contacted a different minor victim in an attempt to prevent her from cooperating with law enforcement.  Despite warnings from the FBI that she was witness tampering, Granados, at Edwards’s direction, also sent multiple Facebook messages to one of Edwards’s sex trafficking victims attempting to coerce her to recant her statements to law enforcement. In its sentencing memorandum filed with the Court, the United States Attorney’s Office noted Edwards’s extensive criminal history, including a prior conviction for promotion of prostitution, and seriousness of the offenses for which he was convicted here. 

Also today Granados was sentenced to 24 months, 3 supervised release, and a $100 special assessment.  As noted above, she assisted Edwards in attempting to tamper with multiple witnesses in connection with the investigation. 

The case was prosecuted by Assistant U.S. Attorneys Zeno Baucus and Cyndee Peterson and was investigated by the Federal Bureau of Investigation, the Montana Department of Criminal Investigations, the Missoula Police Department, and the Billings Police Department. 

BILLINGS - The United States Attorney’s Office announced that Luis Javier Gaspar, a 20 year-old resident of San Jose, California, was sentenced on June 20, 2018 to 15 months in prison, 3 years of supervised release, and a $100 special assessment.  Gaspar was convicted of felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1).  

In March 2017, a Montana Highway Patrol Trooper pulled over a car occupied by Gaspar and his co-defendant, Francisco Calderon, for a traffic infraction.  During the stop, the trooper developed probable cause to search the car and law enforcement found a loaded revolver in the middle console.  Gaspar was prohibited from possessing the firearm based on a prior felony conviction in California.  

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

GREAT FALLS - The United States Attorney’s Office announced today that 46-year old Lafaven Adams of Corona, California, was sentenced to 54 months in prison, 3 years of supervised release, and a $100 special assessment.  U.S. District Judge Brian M. Morris presided over the hearing.  

In February of 2017, law enforcement officers in Great Falls, Montana, became aware of large shipments of oxycodone arriving in Great Falls from California.  That month, detectives examined a package that contained approximately 200 oxycodone pills, which possessed a street value of approximately $12,000.  Through further investigation, officers learned that similar shipments had arrived in Great Falls and surrounding areas, and all of them came from Long Beach, California. 

Officers later identified the source of these shipments as the defendant, Lafaven Adams.  In March of 2017, detectives found Adams in Great Falls and watched him complete numerous drug deals in various parking lots.  Pursuant to a search warrant, detectives found 544 oxycodone pills in Adams’ hotel room.  The pills had a street value of approximately $32,000 and were of the same type and manufacture as the pills previously seized. 

Through additional investigation, detectives learned that Adams frequently traveled to Great Falls from Long Beach, and distributed hundreds of pills from his hotel room and throughout town.  When Adams was not in Great Falls, he sent numerous packages that contained pills to Great Falls for redistribution.  Adams has an extensive criminal history that includes numerous prior drug trafficking convictions. 

The case was prosecuted by Assistant U.S. Attorney Jessica Betley and investigated by the Russell Country Drug Task Force and Homeland Security Investigations.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

GREAT FALLS – Irving Uriel Galindo Santos, a 29-year-old Mexican citizen, was sentenced today to 6 months in prison followed by 2 years supervised release after pleading guilty to illegal reentry on February 28, 2018.  U.S. District Judge Brian M. Morris handed down the sentence. 

In December 2017, Galindo Santos was found in Cut Bank, Montana, by deputies with the Glacier County Sheriff’s Office.  The deputies then contacted the United States Border Patrol (USBP) for assistance.  The USBP agents confirmed Galindo Santos’ identity, alien status, prior deportation, and prior felony conviction at the Border Patrol station after taking his fingerprints.  Galindo Santos was convicted of felony unlawful delivery of methamphetamine in Oregon on February 15, 2007.  He was removed from the United States on April 26, 2008. 

Galindo Santos confirmed that he was born in Hidalgo, Mexico, and his parents were born in Mexico.  In November 2016, he climbed over the wall at the international boundary near San Diego.  He traveled to Oregon and ultimately moved to Cut Bank, Montana, in November 2017.   He did not have permission to reenter the United States.

The case was prosecuted by Assistant U.S. Attorney Paulette Stewart and investigated by the Glacier County Sherriff’s Office and United States Border Patrol. 

GREAT FALLS - The United States Attorney's Office announced that during a federal court session in Great Falls, on June 6, 2018, before U.S. District Judge Brian Morris, MICHELLE ANDRA JOYNER also known as Michelle Dumond, a 46-year-old resident of Dearborn, Montana, was sentenced to a term of:

•Prison: 300 months

•Special Assessment: $100

•Forfeiture: computer, tablet and cell phone

•Supervised Release: 10 years

JOYNER was sentenced in connection with her guilty plea to sexual exploitation of children (production of child pornography).  Her common law spouse, Timothy Weaver, was sentenced in federal court on May 29, 2018.  Weaver was imprisoned for 500 months for his role in the crimes.  JOYNER and Weaver sexually exploited a child.  The case stemmed from a Cascade County Sheriff’s Office child sex abuse investigation that began in August 2016.  The Sheriff’s Office searched digital devices and determined that JOYNER and Weaver sexually abused a child for a number of years and took images of the abuse. 

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that JOYNER will likely serve all of the time imposed by the court. In the federal system, JOYNER does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.

The case was prosecuted by Assistant U.S. Attorney Cyndee L. Peterson.  This case was a cooperative investigation between the Cascade County Sheriff’s Office and the Homeland Security Investigations.  Both agencies are members of the Montana Internet Crimes Against Children Task Force.   

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

GREAT FALLS – Iran Michael Kesselman, a 72-year-old former Las Vegas resident, was sentenced today to 104 months in prison followed by 3 years supervised release after pleading guilty to conspiracy to possess with the intent to distribute methamphetamine on September 10, 2013.  U.S. District Judge Brian M. Morris handed down the sentence. 

Kesselman trafficked methamphetamine to Butte, Montana, and other locations, from February 2008 until July 2012.  Money was transferred to Kesselman, then he shipped methamphetamine to Montana using Federal Express.  Two Butte methamphetamine dealers traveled to Las Vegas to obtain methamphetamine from Kesselman.  In Spring 2012, Kesselman rented a motel room in Butte where two to three and perhaps as much as 20 ounces of methamphetamine were sold.  In July 2012, Kesselman and his driver traveled from Las Vegas to Butte with 111.35 grams of actual methamphetamine hidden in a Coco Crispy cereal box.  The defendant was held responsible for possessing with the intent to distribute 117.55 grams of actual methamphetamine.  That converts to 936 individual doses of the drug. 

The case was prosecuted by Assistant U.S. Attorney Paulette Stewart and investigated by the Southwest Montana Drug Task Force. 

BILLINGS – On the 500th day of the Trump Administration, Attorney General Jeff Sessions and U.S. Attorney for the District of Montana Kurt Alme announced that the Department of Justice is taking a dramatic step to increase resources to combat violent crime, enforce our immigration laws, and help roll back the devastating opioid crisis.

In the largest increase in decades, the Department of Justice is allocating 311 new Assistant United States Attorneys to assist in priority areas. Those allocations are as follows: 190 violent crime prosecutors, 86 civil enforcement prosecutors, and 35 additional immigration prosecutors. Many of the civil enforcement AUSA’s will support the newly created Prescription Interdiction & Litigation Task Force which targets the opioid crisis at every level of the distribution system.

“Under President Trump's strong leadership, the Department of Justice is going on offense against violent crime, illegal immigration, and the opioid crisis—and today we are sending in reinforcements,” said Attorney General Jeff Sessions. “We have a saying in my office that a new federal prosecutor is 'the coin of the realm.'  When we can eliminate wasteful spending, one of my first questions to my staff is if we can deploy more prosecutors to where they are needed. I have personally worked to re-purpose existing funds to support this critical mission, and as a former federal prosecutor myself, my expectations could not be higher. These exceptional and talented prosecutors are key leaders in our crime fighting partnership. This addition of new Assistant U.S. Attorney positions represents the largest increase in decades.”

In Montana, one new AUSA will join the Project Safe Neighborhood initiative to help reduce violent crime in the state, which, according to the FBI, increased almost 35% from 2010 to 2016.  The second AUSA will litigate cases involving opioids, health care fraud and other frauds committed against the United States.  These new AUSAs will increase the total number in Montana to 30.

United States Attorney Kurt Alme added, “These new prosecutors will help reduce violent crime by prosecuting violent criminals and those who cause violent crime by trafficking meth into our state, and will help stop the improper use of opioids and frauds committed against taxpayer dollars.  Our office looks forward to continuing to work with our federal, state, tribal and local partners to address these important problems in Montana.”

GREAT FALLS - The United States Attorney’s Office announced today that 42-year old Bobby Lamere of Great Falls, Montana, was sentenced to 18 months in prison, 3 years of supervised release, and a $100 special assessment.  Additionally, Lamere was ordered to pay $4,335.00 in restitution.  U.S. District Judge Brian M. Morris presided over the hearing.  

Beginning in March of 2017, numerous businesses in Great Falls began to report to the police department that customers were presenting counterfeit bills on a frequent basis.  The Great Falls Police Department responded to the complaints, seized the counterfeit bills, and looked for suspects. 

During early May of 2017, law enforcement attempted to locate the defendant, Bobby Lamere, concerning an outstanding warrant.  On May 15, 2017, law enforcement found Lamere sleeping in the backseat of a car parked in a business parking lot.  When the driver of Lamere’s car came out of the store, the driver told officers that they would find narcotics, counterfeit money, and a handgun inside the car.  The driver also alluded that Lamere was making counterfeit money. 

Officers subsequently searched the car and found numerous counterfeit $20, $10 and $5 bills consisting of varying serial numbers.  These counterfeit bills had a resemblance to genuine United States currency.  In addition, detectives found two laptop computers, printing paper, printing ink, software programs, and four sheets of $20 and $100 counterfeit Federal Reserve Notes, as well as a firearm on the floorboard behind the driver’s seat. 

Following this search, police continued to receive reports of counterfeit activity in Great Falls.  In late May of 2017, the Secret Service completed processing a large number of counterfeit bills.  This analysis showed an extensive amount of counterfeit currency all originating from Great Falls.  The Secret Service also conducted an analysis of the counterfeit serial numbers found in Lamere’s car, and determined counterfeit bills with these same serial numbers had been passed throughout Great Falls.

Detectives subsequently interviewed Lamere.  He explained that he manufactured counterfeit Federal Reserve Notes in $20, $50 and $100 denominations.  Lamere stated that he only provided the bills to people for narcotics and that he did not actually pass the bills himself.  Lamere learned to wash the bills, flatten them out, and then place them on a printer to make a template.  He then would make several sheets of counterfeit bills and cut the sheets with a paper cutter.  Following that process, Lamere used gel pens to enhance the bills.  At some point, Lamere became addicted to heroin and started manufacturing more bills to trade for the drug.  Lamere believed he had manufactured approximately $6000-$7000 worth of counterfeit Federal Reserve Notes since December of 2016. 

The Secret Service subsequently examined the counterfeit Federal Reserve Notes passed in Great Falls and observed much of this counterfeit consisted of the same type of paper, pen and ink known to be used by Lamere in his counterfeiting activities.  On September 8, 2017, law enforcement again came into contact with Lamere and found him in possession of 16 counterfeit Federal Reserve Notes consisting of $20 and $50 bills. 

The case was prosecuted by Assistant U.S. Attorney Jessica Betley and investigated by the United States Secret Service and the Great Falls Police Department.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

BILLINGS—Jimmy Mark Walker, a 36-year old resident of Billings, was sentenced on Friday, May 25, 2018 to 120 months of imprisonment and 3 years of supervised release after pleading guilty to felon in possession of a firearm.  United States District Judge Susan P. Watters issued the sentence.

On August 24, 2016, law enforcement officers arrested Walker’s co-defendant, Huston Curran, after finding him in possession of a small quantity of methamphetamine and a short-barreled shotgun.  Agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives were able to determine through investigation that Curran was being supplied with methamphetamine by Walker.  On the evening of August 24, 2016, agents went to Walker’s residence along with members of the Montana Department of Probation and Parole, since Walker was under the supervision of the State of Montana at the time for a felony offense.  When agents attempted to make contact with Walker, he retreated into his garage and a standoff ensued for the next four hours.  Finally, members of the Billings SWAT team were able to convince Walker to surrender without incident.

When executing a search warrant of Walker’s garage, they discovered 12 firearms, including assault rifles capable of carrying large capacity magazines, stolen firearms, one firearm with an obliterated serial number, a ballistic vest, and drug paraphernalia.  At sentencing, the district court determined that Walker possessed the firearms in connection with methamphetamine trafficking.  The sentence imposed was the statutory maximum for Walker’s offense of conviction.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and was part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

GREAT FALLS - The United States Attorney's Office announced that during a federal court session in Great Falls, on May 29, 2018, before U.S. District Judge Brian Morris, TIMOTHY ALLEN WEAVER, a 36-year-old resident of Dearborn, Montana, was sentenced to a term of:

•Prison: 500 months

•Special Assessment: $300

•Restitution:  $3,000

•Forfeiture: computer, tablet and cell phone

•Supervised Release: lifetime

 

WEAVER was sentenced in connection with his guilty plea to two counts of sexual exploitation of children (production of child pornography) and one count of receipt of child pornography.  WEAVER sexually exploited a child in Montana, and victimized other children outside of Montana through the images he received via the internet. 

In an Offer of Proof filed by Assistant U.S. Attorney Cyndee L. Peterson, the government stated it would have proved at trial the following:

In August 2016, the Cascade County Sheriff’s office was conducting a criminal investigation, and Defendant Timothy Weaver’s residence in Cascade, Montana, was searched pursuant to a search warrant.  Items were seized including an eMachines computer, a Polaroid Tablet, and a Microsoft cellular telephone. The items were submitted for forensic analysis and review.  The examiner located files that depicted children engaged in sexually explicit conduct.

The child pornography files include images of WEAVER engaged in sexually explicit conduct with a child.  In addition to those images, WEAVER possessed images of other children engaged in sexually explicit conduct and that WEAVER received those images between 2010 and 2016. 

In its Sentencing Memorandum, the United States stated that Weaver engaged in a repeated pattern, covering a period of approximately five years, of sexual exploitation of a child.  He violently abused the child victim multiple times per week, including choking.  During the abuse and humiliation, the victim would close her eyes and cry. 

This case was a cooperative effort between the Cascade County Sheriff’s Office and the Homeland Security Investigations.  Both agencies are members of the Montana Internet Crimes Against Children Task Force.   

“The efforts of the Cascade County Sheriff’s Office in promptly searching Weaver’s residence and then requesting the assistance of the Montana Internet Crimes Against Children Task Force and HSI have not only rescued this child from Weaver’s on-going abuse but it also protected other children from victimization." said U.S. Attorney Kurt G. Alme.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that Weaver will likely serve all of the time imposed by the court. In the federal system, Weaver does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.

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

HELENA – Edward Paul Ellington, a 38-year-old resident of Bozeman, Montana, was sentenced today to 190 months in prison followed by 5 years supervised release after pleading guilty to conspiracy to possess methamphetamine with intent to distribute.  U.S. Senior District Judge Charles C. Lovell handed down the sentence.

From July 2016 to May 2017, Ellington was involved in a large drug conspiracy operating in Gallatin and Broadwater Counties.  Ellington was the leader of the drug conspiracy and would sell methamphetamine to at least 12 different people.  One of those individuals was Ryan Cervantes who would then sell the methamphetamine to 40 to 50 people.  Ed Ellington was considered to be the biggest drug supplier in the Bozeman and Belgrade area.

The investigation showed that Ellington would often give drugs to people on a “front” and then personally collect the drug debt or send others to threaten or beat up the drug distributors to pay him the money they owed him.  The investigation also showed that Ellington was in possession of firearms during his drug trafficking.

On April 15th, 2017, Ellington was driving a 2014 Chevy Cruz and was stopped near Three Forks by Montana Highway Patrol.  Ellington was on his way back from Spokane to Bozeman with a drug load.  Officers obtained a warrant for Ellington’s vehicle and found approximately 200 grams of methamphetamine in Ellington’s possession.  In addition, the investigation showed that Ellington first started selling ½ ounce quantities of methamphetamine, but those amounts increased rapidly.  By December 2017, Ellington was distributing ¾ of a pound of methamphetamine.  In total, Ellington was held responsible for distributing 1,618.72 grams of methamphetamine.  That converts to 12,949 individual dosage units of the drug which reached drug users in Montana. 

Ellington’s co-conspirator, Ryan Cervantes was also charged, pled guilty, and sentenced on April 12, 2018 to 10 years imprisonment. 

The case was prosecuted by Assistant U.S. Attorney Bryan R. Whittaker and investigated by the Federal Bureau of Investigation, the Missouri River Drug Task Force, and the Montana Highway Patrol.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

MISSOULA – Eric Daniel Doyle, a 37-year-old former Kalispell resident, was sentenced today to 180 months in prison followed by 3 years supervised release after pleading guilty to illegal export, attempted illegal export, and felon in possession of firearms on February 7, 2018.  U.S. District Judge Donald W. Molloy handed down the sentence. 

Doyle admitted to supplying buyers from Europe, Australia, the United Kingdom, and Canada with firearms and magazines when he was interviewed by law enforcement in September 2014.  In approximately February 2014, Doyle began selling firearms on a website to people in other countries.  Doyle learned that there were a lot of people in the Kalispell area trying to sell firearms and, at the same time, a lot of people online that wanted to buy them.  Doyle would check his email messages to see what types of firearms people were requesting, and then see what was available around town.  Doyle also checked local gun websites or gun shows for the types of firearms sought in the email requests.

Doyle used associates to package and ship most of the firearms.  He personally packaged 12 firearms.  At the time of his interview, Doyle estimated that he and his associates shipped 25 to 35 firearms out of the Kalispell area.  Doyle filled out all of the shipping paperwork and customs forms used to send the packages.  When officers later searched his storage unit they found one of the packed firearms with its pre-filled customs and shipping form.  In addition, officers found fifteen firearms, ten pistol magazines, and 150 rounds of ammunition as well as packing and shipping materials.

Doyle also acknowledged that he was a convicted felon and he knew that he was prohibited from possessing firearms.  Doyle’s prior felony convictions include possession of cocaine, burglary, and unlawful deliver of a controlled substance (cocaine) from Illinois. 

The case was prosecuted by Assistant U.S. Attorney Paulette Stewart and investigated by the United States Postal Service Office of Inspector General, Homeland Security Investigations, and Bureau of Alcohol, Tobacco, Firearms, and Explosives. 

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

HELENA – Patrick Ofaron Longdon, a 49-year-old resident of East Helena, Montana, pled guilty to illegal possession of a machine gun.  U.S. Senior District Judge Sam Haddon presided over the hearing and set sentencing for October 2, 2018.

On July 4, 2017, the East Helena Police Department was dispatched to a man shooting an AK-47 type rifle into the air.  Upon arrival, contact was made with Patrick Longdon.  Longdon admitted to shooting the rifle into the air and that is was “fully-automatic.”   Longdon was advised of his rights and acknowledged that he understood and agreed to be interviewed.   Longdon told the officer that this was the first time he had ever fired the AK-47 since he converted it himself to full-auto.  He also said he “just wanted to see if it worked.”  He said that he thought he had fired about 10 rounds out of the rifle.

The officer asked Langdon if he would allow him to enter the house to retrieve the rifle.  Longdon agreed to allow officers into his house and said that he “needed to get rid of the rifle.”  He asked the officer to go into the house to retrieve it.  The Officer recovered an AK-47 variant rifle from the floor of a bedroom within the residence.  The rifle was unloaded with a magazine in the magazine well.   The rifle was a Romarm/Cugir, Model SAR-1, 762 caliber, Rifle, Obliterated Serial Number.

Patrick Longdon’s name was queried within the ATF National Firearm Registration and Transfer Record (NFRTR).  There was no record of Longdon within the NFRTR that allowed him to possess the firearm recovered from his house        .

The case was prosecuted by Assistant U.S. Attorney Bryan R. Whittaker and investigated by the East Helena Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

BILLINGS - On Tuesday, May 22, 2018, The United States obtained a guilty verdict in United States v. Woody’s Trucking, LLC and Donald E. Wood, Jr.  after an 8 day jury trial in Billings, Montana before the Honorable Susan P. Watters.  Both Defendants were charged with conspiracy, wire fraud, mail fraud, placarding violations and obstruction of justice stemming from an explosion at an oil and gas processing facility in Wibaux, Montana.  The defendants were convicted of 13 of 14 counts.  The one count of acquittal related to one of the placarding violations.  Forfeiture in the case amounts to $644,689.70.

On December 29, 2012, a driver for Woody's Trucking, loaded natural gas condensate, or "drip gas," from a pipeline station that transports products from the Bakken oil fields in Montana and North Dakota. The drip gas was hauled from Watford City, North Dakota, to Custom Carbon Processing, Inc. (CCP). CCP is a slop-oil processing/recycling company based near Wibaux, Montana. The bill of lading that accompanied the shipment identified the product as "slop oil and water," which is a non-hazardous substance.  However, while the driver was pumping from the truck’s front tank into the CCP facility, a fire ignited, injuring three employees. The tanks on the truck burned for eight days until the local fire department could determine that they held drip gas and not slop oil and water, as indicated on the bill of lading. Drip gas is a hazardous material and the truck was not placarded to indicate it held a flammable liquid. Three employees were seriously injured in the explosion.

Witnesses at trial testified that the CEO of the company, Donald Wood, Jr., directed the driver to place a falsified Bill of Lading in the burned out truck several days after the explosion. The reason was to cover up the fact that the company was hauling drip gas without placards. Furthermore, the company had no insurance coverage for hauling drip gas.

Sometime after the explosion, the employees of the burned facility sued Woody’s Trucking, the owners of the CCP facility and others for negligence in a civil action. Woody’s submitted the lawsuit to their insurance company for payment of costs, attorney fees and payment of the eventual settlements to the injured workers. The insurance company agreed to settle the claims, but always maintained that there was no coverage for hauling drip gas.

U.S. Attorney Kurt Alme stated, “I want to thank the prosecution team and the representatives from the Department of Transportation and Environmental Protection Agency that coordinated on this important investigation.  Mislabeling and submitting false documents to conceal the presence of explosive material on public highways are serious criminal matters that will be prosecuted to the fullest extent of the law.  As this case demonstrates, the failure to properly disclose and label hazardous materials can endanger lives.”

“The defendants in this case tried to cover up safety violations by providing falsified documents to first responders, showing little regard for the safety of first responders, public health, or environmental damage,” said Susan Bodine, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s guilty verdict shows that EPA, our law enforcement partners, and the jury agree that those who choose to disregard laws designed to keep our communities safe from chemical accidents should be held accountable for their actions.”

The jury deliberated for 3 hours before finding both defendants guilty of 13 of 14 counts. 

The case was tried by AUSA Adam Duerk and SAUSA Eric Nelson of the EPA. The United States’ Attorney’s Office conducted this investigation with the Environmental Protection Agency - Criminal Investigation Division as well as the Department of Transportation.

GREAT FALLS - The United States Attorney’s Office announced today that 31-year old Daniel Gonzalez of Great Falls was sentenced to 30 months in prison, three years of supervised release, and a $100 special assessment.  U.S. District Judge Brian M. Morris presided over the hearing.  

In June of 2017, Great Falls law enforcement searched for Gonzalez in relation to a shooting that had occurred in Great Falls.  Officers were aware that Gonzalez typically carried a firearm and had an outstanding warrant.  On June 12, 2017, officers received information that Gonzalez was still in town.  Detectives subsequently located Gonzalez sitting in the passenger seat of a car in a parking lot.  They could not see any other occupants in the car.  Officers approached the car and arrested Gonzalez. 

Detectives received permission to search the car and retrieved a black handgun from underneath the passenger seat where Gonzalez had been seated.  The handgun was loaded with round in the chamber; the magazine also contained several rounds of ammunition.

Gonzalez admitted that he was a heroin user and had been seeking drugs.  He also admitted that the gun found underneath the passenger seat of the car was his firearm.  He said he had received the firearm as payment for a heroin deal that had occurred a few months prior.  Gonzalez added that it was necessary to carry a gun in Great Falls because everyone had a firearm.

Gonzalez has an extensive criminal history that includes prior convictions for thefts, burglaries, assaults, and domestic violence, and is prohibited from possessing firearms. 

The case was prosecuted by Assistant U.S. Attorney Jessica Betley and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Great Falls Police Department.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

GREAT FALLS - The United States Attorney’s Office announced that Jay Nash, 50, of Great Falls, Montana, pleaded guilty to Wire Fraud and Money Laundering during a federal court hearing on May 16, 2018, in Great Falls, Montana, before U.S. District Judge Brian M. Morris.  Nash faces a federal prison sentence of up to 30 years, a $500,000 fine, restitution of over $800,000, and a $200 special assessment.

In an Offer of Proof, Assistant U.S. Attorneys Ryan Weldon and Thomas Bartelson stated the Government would have proved Nash obtained a warranty deed on the property owned by a victim.  The parties entered into a Promissory Note, which outlined that Nash would pay the victim an amount equal to the value of the house.  The Promissory Note was secured by a mortgage, which was never filed with Cascade County.  Four months later, Nash took out mortgages on the property totaling over $180,000.  Nash ultimately sold the property and did not give the proceeds of the sale to the victim. 

As part of the investigation, agents tracked where Nash spent the victim’s money from the two mortgages and the ultimate sale of the house.  Agents discovered that Nash spent the money on boats, furniture, sex toys, his mother’s house, and other unrelated living expenses.  None of those expenditures were approved by the victim, nor was the money given for that purpose. 

The investigation also revealed three other victims.  Similarly, Nash entered into promissory notes with these additional victims and spent the money on unauthorized purchases, including ATVs, tax payments to the IRS, and a motorhome.  In one example, Nash spent over $430,000 of victim money in less than 120 days. 

Sentencing is set for September 27, 2018, at 10:00 a.m., at the Missouri River Courthouse, in Great Falls, Montana, before U.S. District Court Judge Brian M. Morris.                  

This case was investigated by the Internal Revenue Service Criminal Investigation, the Federal Bureau of Investigation, and local law enforcement.

BILLINGS - The U.S. Attorney’s Office is hosting a training program to share best practices for security at houses of worship. 

The Protecting Houses of Worship program will take place on Monday, May 14, 2018, from 6:00 p.m. to 8:30 p.m. at Grace United Methodist Church in Billings. 

The program will provide faith-based community leaders and members with information to help them develop and implement security measures, share information, and address potential risks, such as active shooter situations.  The program will also include information on additional training and grant programs that may be available. 

Speakers include U.S. Attorney Kurt G. Alme and representatives from the Billings Police Department, Yellowstone County Sheriff’s Office, Department of Homeland Security and Federal Emergency Management Agency. 

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

 All faith-based community leaders and members are welcome to attend.  To obtain more information and/or RSVP for the event please e-mail brendan.mccarthy@usdoj.gov. 

Protecting Houses of Worship Flyer

HELENA – Nathan Eli Johnson, a 34-year-old resident of Saint Paul Minnesota, entered a plea of guilty today to possession with intent to distribute 100 kilograms or more of marijuana.  U.S. Senior District Judge Sam Haddon presided over the hearing.

On Saturday November 12, 2016, a Jefferson County Sheriff’s Office (JCSO) deputy made a traffic stop on Johnson’s Chevy Tahoe while traveling eastbound on Interstate I-90. The deputy had seen two vehicles traveling 95 miles per hour in an 80 mile per hour zone.  The deputy was able to make a traffic stop on the Tahoe.  The Tahoe was operated by Nathan Eli Johnson who held a suspended/revoked driver’s license out of Minnesota.    Montana Highway Patrol (MHP) arrived to assist with the stop.  During the contact with Johnson, MHP troopers could smell marijuana.  Johnson told MHP that he had an eighth ounce of marijuana in his possession.  Johnson gave MHP permission to search the Tahoe.  When a trooper asked Johnson how much marijuana he would find, Johnson said, “I’m (expletive).”  When the trooper again asked how much, Johnson said “a lot.”  The trooper again confirmed consent to search and Johnson agreed.

During the search officers located 16 large duffel bags containing suspected marijuana.  Each bag contained multiple pounds of marijuana.  As a result of what was learned, JCSO requested assistance from the Southwest Montana Drug Task Force (SWMDTF) who helped to obtain a search warrant regarding additional items of contraband believed to be located in the Tahoe.  Johnson stated that he had manufactured, processed, and transported approximately 388 pounds (approximately 175 kilograms) of marijuana which was located in the Tahoe.  Johnson also stated he had been involved in the distribution, possession and manufacture of large amounts of marijuana for approximately six years.  He stated he oversees the production and harvest of the marijuana in Oregon and transports and distributes the marijuana to multiple dealers in the St. Paul Minnesota area.  Johnson stated during the six years he was operating as a large scale marijuana dealer he produced approximately 1,420 pounds of useable marijuana which he has sold for an approximate total of $1,704,000.  This estimation appeared to investigators to be at the low end of the spectrum based upon the average street price of high grade marijuana in the St. Paul Minnesota area.  Johnson further stated that upon returning to the St. Paul area, he had a group of 40 to 50 individuals he would contact for the purpose of distributing the marijuana.

Johnson’s sentencing hearing has been set for August 29, 2018 in Helena. 

The case was prosecuted by Assistant U.S. Attorney Bryan R. Whittaker and investigated by the Jefferson County Sheriff’s Office, Montana Highway Patrol, and the South West Montana Drug Task Force.

HELENA – Elbert Flores Hernandez, Jr., a 44-year-old Helena resident, was sentenced today to 56  months in prison followed by 3 years supervised release after pleading guilty to prohibited person in possession of a firearm and ammunition on January 3, 2018.  U.S. District Judge Sam E. Haddon handed down the sentence. 

On January 3, 2017, law enforcement arrested Hernandez after he left a Helena area residence.  After receiving consent to search the vehicle, officers found a Smith and Wesson, .40 caliber semi-automatic pistol, under the passenger seat where Hernandez was sitting.  The pistol was loaded with twelve rounds of ammunition. At the time, Hernandez was a probation absconder with outstanding arrest warrants from Montana and Arizona. 

The case was prosecuted by Assistant U.S. Attorney Paulette Stewart and investigated by the Missouri River Drug Task Force, Montana Department of Corrections Probation and Parole and Bureau of Alcohol, Tobacco, Firearms, and Explosives. 

The U.S. Attorney’s Office is partnering with federal, state, local and tribal law enforcement to identify those responsible for significant violent crime in Montana.  A centerpiece of this effort is Project Safe Neighborhoods, a recently reinvigorated Department of Justice program that has proven to be successful in reducing violent crime.  Today’s sentencing is part of the Project Safe Neighborhoods program.

GREAT FALLS - The United States Attorney’s Office announced today that Tyrell Belgarde, a 28-year-old former resident of Babb, was sentenced to 27 months in prison follow by two years of supervised release. U.S. District Judge Brian M. Morris presided over the hearing.  Belgarde previously entered a guilty plea to strangulation in February of 2018. 

In July 2016, Belgarde was drinking alcohol with friends at a friend’s home on the Blackfeet Indian Reservation.  Belgarde and the victim had an argument and Belgarde became angry, calling the victim several highly offensive names before biting the victim’s arm.  Belgarde then grabbed the victim by the neck with both hands, and squeezed the victim’s neck until the victim lost consciousness.

In a sentencing memorandum filed in federal court, federal prosecutors noted that Native American women experience the highest rates of domestic violence compared to all other groups in the United States and that the seriousness of Belgarde’s conduct cannot be overstated.  Belgarde’s pattern of conduct showed an escalation of violent abuse when he committed another violent assault on the same victim in Missoula in April of 2017 where he beat the victim and held a loaded gun to the victim’s head.

The case was prosecuted by Assistant U.S. Attorney Jared Cobell and investigated by the Federal Bureau of Investigation, and other federal, state, and local agencies. 

MISSOULA – Martin James Walsh, a 53-year-old resident of Twin Bridges, Montana, pled guilty to possession with intent to distribute 500 grams or more of a substance containing a detectable amount of methamphetamine.  U.S. Magistrate Judge Jeramiah Lynch presided over the hearing.

Beginning in October 2016, the South West Montana Drug Task Force (SWMDTF) used a confidential informant to purchase an 8 ball of methamphetamine from Walsh.  The next month the SWMDTF again made an undercover purchase of ¼ ounce of methamphetamine from Walsh.  In June 2017, the Madison County Sheriff’s Office used another confidential informant to purchase a small amount of heroin from Walsh.  Based upon the purchases, sheriff deputies obtained a search warrant for Walsh’s residence in Twin Bridges.  During the search of Walsh’s home they found a digital scale, several glass smoking pipes, a large box containing four bags of a white crystalline substance that tested positive for methamphetamine.  Walsh was home at the time of the search.  He was detained and       read his Miranda rights.  Walsh stated that he had been selling ounces of meth in Madison County as well as Bozeman and Butte.  The amount of methamphetamine found in Walsh’s residence was approximately 260 grams or 2080 dosing units.

Further investigation by the Missouri River Drug Task Force learned that Walsh had been supplying large quantities of methamphetamine to a distributor in Bozeman.  It was learned that between July 2016 through January 2017, Walsh had distributed 1357 grams, or 10,856 dosing units, of methamphetamine to his co-conspirator to be distributed throughout the Gallatin County area.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

The case was prosecuted by Assistant U.S. Attorney Bryan R. Whittaker and investigated by the FBI, Madison County Sheriff’s Office, South West Montana Drug Task Force, and the Missouri River Drug Task Force.

BILLINGS - The United States Attorney’s Office announced today that Tiffaney Ann Boland was sentenced to 60 months in prison, five years of supervised release, and a $100 special assessment.  U.S. District Judge Susan P. Watters presided over the hearing.   

Boland previously entered a guilty plea to possession with intent to distribute methamphetamine.  In September 2016, law enforcement received information that one of the “Sidney Shuttle” drivers may be selling drugs while operating the shuttle.  Law enforcement conducted three controlled purchases from the driver and two additional purchases from the driver’s supplier, Boland and another coconspirator.  Boland is responsible for approximately 70 grams of actual methamphetamine, which converts to 560 individual dosage units of the drugs which would have reached drug users in Montana. 

In a sentencing memorandum filed in federal court, federal prosecutors noted that the “distribution of methamphetamine is crippling communities” and that “Boland’s actions are serious and have a direct impact on society.”  It continued by noting that buyers begin purchasing from a lower-level dealer, like the Sidney Shuttle driver, but transition to buying larger quantities from people like Boland.  Prosecutors also noted “The distribution of methamphetamine will not be tolerated and others, include[ing] those in and around the Sidney area who are engaging in the sale of methamphetamine, should understand that the road for this conduct leads to federal prison.”

The Boland case was investigated by the Montana Department of Criminal Investigations, the Federal Bureau of Investigation, and other federal, state, and local agencies. 

The U.S. Attorney’s Office is partnering with federal, state, local and tribal law enforcement to identify those responsible for significant violent crime in Montana.  A centerpiece of this effort is Project Safe Neighborhoods, a recently reinvigorated Department of Justice program that has proven to be successful in reducing violent crime.  Today’s sentencing is part of the Project Safe Neighborhoods program.

MISSOULA – Martin Jay Hope, a 57-year-old federal felon, was sentenced today to 15 months in prison followed by 3 years supervised release after pleading guilty to escape on January 24, 2018.  U.S. District Judge Dana L. Christensen handed down the sentence. 

In November 2008, Hope was sentenced to 312 months custody in federal prison for being a felon in possession of a firearm.  In March 2017, Hope was re-sentenced to ten years imprisonment.  His projected release date was October 27, 2017.  Hope was to serve the last month of his sentence at the Butte Prerelease Center.  In late September, Hope left California for the Butte RRC using transportation and bus tickets purchased by the BOP for his transfer.  He should have arrived in Butte on September 28, 2017.  The following day, the BOP notified the United States Marshals Service that Hope failed to report to the Butte RRC as scheduled.  Hope was arrested on September 30, 2017, in Longview, Washington.  He was returned to BOP custody shortly after his arrest.  According to Hope, he absconded in order to see his mother and his sister.  While at the bus station, someone offered him methamphetamine and he accepted it. 

The case was prosecuted by Assistant U.S. Attorney Paulette Stewart and investigated by the Unites States Marshals Service, United States Probation Office, and Federal Bureau of Prisons. 

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

GREAT FALLS – Brian Denelson Willman, a 31-year-old Great Falls resident, was sentenced today to 25 months in prison followed by 2 years supervised release after pleading guilty to prohibited person in possession of a firearm on January 10, 2018.  U.S. District Judge Brian M. Morris handed down the sentence. 

On July 21, 2016, Willman possessed a stolen, Stevens .22 caliber rifle in Great Falls, Montana.  The day before, a Great Falls residence was burglarized and six firearms were taken, including a Stevens Arms Company, model Number 26 Crackshot, .22 caliber, single shot rifle, with no serial number.  A neighbor took a picture of the car involved and provided the picture and other information to the police.  The Great Falls Police Department tracked down the owner of the car and learned that Willman was using the car.  After a high speed pursuit, the police arrested Willman.  The Stevens .22 caliber rifle was found in the trunk of the car.  After his arrest, Willman called a friend from jail and discussed the stolen firearm found in the trunk of the car.  At the time, Willman was on absconder status with Montana Probation and Parole.  MT P&P received Willman on parole from Arizona through the interstate compact after his conviction for aggravated assault there.

The case was prosecuted by Assistant U.S. Attorney Paulette Stewart and investigated by the Russell Country Drug Task Force and Bureau of Alcohol, Tobacco, Firearms, and Explosives. 

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

HELENA – Brandon James LeClair, a 42-year-old Butte resident, was sentenced today to 168 months in prison followed by 5 years supervised release after pleading guilty to conspiracy to possess with intent to distribute and to distribute methamphetamine and felon in possession of a firearm on October 17, 2017.  U.S. District Judge Charles C. Lovell handed down the sentence. 

LeClair trafficked an ounce of methamphetamine each week from October 2016 until mid-December 2016 with his codefendant, Travis Stephens.  Their drug trafficking allegedly stopped after LeClair stole a safe from Stephens in mid-December 2016.  The safe contained one pound of methamphetamine and approximately $10,000. 

On January 25, 2017, law enforcement was called to their Helena area motel room to investigate a violent confrontation.  At that time, LeClair possessed a loaded Taurus 9mm pistol.  LeClair’s criminal history includes two prior federal convictions for possession of methamphetamine with the intent to distribute in May 1999, and two counts of felon in possession of a firearm in August 2007.  LeClair was held responsible for distributing 12 ounces of methamphetamine.  That converts to 2718 individual doses of the drug. 

The case was prosecuted by Assistant U.S. Attorney Paulette Stewart and investigated by the Missouri River Drug Task Force, Butte-Silver Bow Law Enforcement Agency and Bureau of Alcohol, Tobacco, Firearms and Explosives. 

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

HELENA – Travis Holly Stephens, a 30-year-old Butte resident, was sentenced today to 168 months in prison followed by 5 years supervised release after pleading guilty to conspiracy to possess with intent to distribute and to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime on October 17, 2017.  U.S. District Judge Charles C. Lovell handed down the sentence. 

From October 2016 until January 2017, Stephens distributed methamphetamine herself and with others in Montana.  On January 25, 2017, law enforcement responded to a disturbance at her Helena area motel room.  Stephens was found with one pound of pure methamphetamine as well as a loaded Bersa firearm in her car trunk.  She was held responsible for distributing one pound of methamphetamine.  That converts to 3624 individual doses of the drug.

The case was prosecuted by Assistant U.S. Attorney Paulette Stewart and investigated by the Missouri River Drug Task Force and Bureau of Alcohol, Tobacco, Firearms and Explosives. 

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

Yellowstone County PSN Fact Sheet BILLINGS – Today, United States Attorney Kurt Alme and Yellowstone County Attorney Scott Twito announced the preliminary results of collaborative efforts to reduce violent crime in Yellowstone County under the Project Safe Neighborhoods initiative, including the court appearances and arrests of 17 subjects facing federal or state charges for armed robbery, trafficking methamphetamine, and illegally possessing firearms. 

Last fall, United States Attorney General Jeff Sessions directed all United States Attorneys to reinvigorate the Department of Justice initiative known as Project Safe Neighborhoods to reduce violent crime in communities.  Since that time, federal, state, and local law enforcement agencies launched a Project Safe Neighborhoods initiative for Yellowstone County.  Participating agencies include the Billings and Laurel Police Departments; Yellowstone County Sheriff’s Office; Montana Department of Justice Highway Patrol and Division of Criminal Investigation, Montana Department of Corrections Probation and Parole Division, U. S. Marshal’s Service, U.S. Alcohol Tobacco and Firearms, Drug Enforcement Administration, Federal Bureau of Investigations, and Homeland Security Investigations.   The initiative also calls for prosecutors from the Yellowstone County Attorney’s Office, Montana Department of Justice Prosecution Services Division and the U. S. Attorney’s Office to prosecute defendants in both state and federal courts. 

“As I said in Billings on Friday, Project Safe Neighborhoods is proven to work,” Attorney General Sessions said. “Under PSN, I've directed our U.S. Attorneys to target the most violent criminals in the most high-crime areas, and to work with people in the community to develop a customized crime-reduction plan.  That's exactly what U.S. Attorney Kurt Alme has done in Yellowstone county and across Montana. I want to thank him, our federal agents, and all of our fabulous state and local law enforcement partners who have made this initiative a success for the people of Montana. This initiative is more proof that this local, community-based model really works.” 

County Attorney Twito said: “The message of Project Safe Neighborhoods is clear, if you commit armed robbery, push methamphetamine or commit a firearms offense, you will be arrested and you will be prosecuted to the full extent of the law.”

A second part of the Project Safe Neighborhoods initiative is to support methamphetamine substance abuse prevention and treatment.  Attorney General Tim Fox, whose office is implementing the AID Montana initiative, stated, “Combating the effects of Montana’s growing substance abuse crisis will take comprehensive and collaborative efforts across the state. I want to thank U.S. Attorney Alme, Chief St. John, County Attorney Twito and Sheriff Linder for their incredible work in Yellowstone County to crack down on violent crime. My office’s Aid Montana initiative will continue to strategically target all aspects of substance abuse in our state, and I look forward to what we will accomplish.”

U. S. Attorney Alme said: “In addition to violent crime, meth is causing our jails to fill, overwhelming our foster care system, overcrowding our treatment facilities, burdening our hospitals, and leaving many in our community with little more than addiction.  All of us in law enforcement want to support the drug courts, probation offices, treatment facilities, schools, health and mental health care facilities, foster care providers, drug prevention groups and other governmental and community organizations in creating a community response to address this problem.  Our goal is to help keep our community safe by supporting those who keep people from using methamphetamine and help users become sober.”

According to the FBI’s Uniform Crime Reports, violent crime in Montana is up almost 35 % through 2016 from its low in 2010.  According to data from the Billings Police Department, violent crime in Billings increased 75 % from 2010 through 2017.  Violent crimes include murder, rape, robbery and aggravated assault.

In response, last month, federal, state and local law enforcement began a concerted effort in Yellowstone County to arrest armed robbers, methamphetamine dealers and traffickers, and felons and other prohibited persons not allowed to possess firearms under federal law. 

The following suspects have recently been arrested under the Project Safe Neighborhoods Yellowstone County initiative and have appeared in federal and state courts on the following charges:

• Christopher Alan Esrey, 31, from Billings, for robbery;
• Dante King, 35, from Oakland, California, for possession of a firearm by a prohibited person;
• Dustin Houston, 35, from Billings, for trafficking methamphetamine and carrying or possessing a firearm;
• Maurice Joseph Fregia, AKA Frosty, 31, from Manteca, California, for trafficking methamphetamine;
• Chad Allen Beres, 31, from Manteca, California, for trafficking methamphetamine;
• Daniel Ellis Pappas, 51, from Billings, for trafficking methamphetamine;
• Molly May Fogle, 19, from Billings, for trafficking methamphetamine;
• John Cameron Swift 51, from Billings, for trafficking methamphetamine and carrying a gun;
• Scott Allen Wortman, 46, from Billings, for trafficking methamphetamine and heroin, and carrying a gun;
• Brian Pretty Weasel, 29, from Billings, for possession of a firearm by a prohibited person;
• Lance Ratcliff, 32, from Natrona County Wyoming, for possession of a firearm by a prohibited person;
• Lionel Duane Bennett, 54, from Billings, for trafficking methamphetamine and carrying a firearm;
• Joshua Allen Kroll, 37, from Billings, for endangering the welfare of a child and trafficking and possessing multiple controlled substances including methamphetamine, cocaine, oxycodone, hashish, mushrooms, marijuana, zolpidem, methylphenidate, diazepam,  tramadol, and temazepam;
• Tabitha Lydia Marie Delao, 34, for endangering the welfare of a child and trafficking and possessing multiple controlled substances including methamphetamine, cocaine, oxycodone, hashish, mushrooms, marijuana, zolpidem, methylphenidate, diazepam,  tramadol, and temazepam.

In addition, the United States Marshal’s Violent Crime Task Force has arrested three additional subjects on Yellowstone County warrants related to Project Safe Neighborhood offenses, i.e., those involving methamphetamine trafficking, armed robbery, or various federal gun crimes. 

All defendants are presumed innocent unless and until proven guilty. 

U.S. Attorney Alme thanked all of the members Project Safe Neighborhoods – Yellowstone County for their work to make the community safer.

HELENA – William Paul Cox, Jr, a 35-year-old Helena resident, was sentenced today to 37 months in prison followed by three years supervised release after pleading guilty to felon in possession of a firearm and ammunition on November 17, 2017.  U.S. District Judge Charles C. Lovell handed down the sentence. 

On April 4, 2016, Cox was arrested in Helena, Montana, on outstanding warrants.  The Missouri River Drug Task Force searched Cox’s vehicle pursuant to a warrant.  They found a loaded .40 caliber, semi-automatic pistol in the suburban.  Two days later, Cox asked a friend to get a green bag out of the back of the suburban because it contained personal items.  He told the friend to leave the red bag in the speaker box because it contained a “boom boom.”  Cox described the location MRDTF where they found the loaded .40 caliber pistol.  Cox was previously convicted of being a felon in possession of a firearm and sentenced to 40 months imprisonment in 2005. 

The case was prosecuted by Assistant U.S. Attorney Paulette Stewart and investigated by the Missouri River Drug Task Force and Bureau of Alcohol, Tobacco, Firearms, and Explosives. 

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

MISSOULA - The United States Attorney’s Office announced today that Jason Morris was sentenced to 132 months in prison, lifetime supervised release, and a $100 special assessment.  Chief U.S. District Judge Dana Christensen presided over the hearing.   

Morris previously entered a guilty plea to the receipt of child pornography.  In the summer of 2013, Morris, of Heron, Montana, met a minor online and began an internet relationship.  During their communications, which lasted until approximately the fall of 2014, Morris became aware of the minor’s age and engaged in sexually explicit conversation with him.  In January 2014, Morris received sexually explicit images of the minor.  In November 2015, law enforcement executed a search warrant of Morris’s residence and collected several items of electronic media.  Multiple images and videos of child pornography were discovered on Morris’s media.  Following the search of his residence, Morris fled to Mexico, where he was ultimately arrested on the instant charges in April 2017. 

In a sentencing memorandum filed in federal court, federal prosecutors noted the seriousness of Morris’s actions and the need to protect children from him.

Judge Christensen sentenced Morris to over 10 years in federal prison, with lifetime supervised release to follow.  Because there is no parole in the federal system, Morris will likely serve all of the time imposed by the court.  In the federal system, Morris does have the opportunity to shorten the term of custody by earning credit for good behavior.  However, this reduction will not exceed 15% of the overall sentence.

U.S. Attorney Kurt Alme applauded the efforts of law enforcement, “I want to congratulate law enforcement and the prosecutor for their dogged efforts to bring this defendant to justice.  Our children deserve to be allowed to grow up free from sexual exploitation from adults, especially those in positions of trust.”

“Under our Operations Predator program, our Homeland Security Investigations special agents actively target those who sexually exploit children, while also rescuing their victims,” said Steven W. Cagen, special agent in charge of HSI’s Denver Office, which oversees Montana.  “However, we place a higher priority on targeting predators who have positions of public trust, like Morris did as a teacher.”

The Morris case was investigated by Special Agent Bybee of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and other federal, state, and local agencies. It was prosecuted by Assistant United States Attorney Zeno Baucus. 

HELENA – Mario Antonio Alicea, a 28-year-old Helena resident, was sentenced today to 37 months in prison followed by 3 years supervised release after pleading guilty to felon in possession of firearms on November 16, 2017.  U.S. District Judge Charles C. Lovell handed down the sentence. 

On April 25, 2016, Alicea sold a Ruger, model Mark II, .22 caliber semi-automatic pistol for $180.  It was loaded with eight rounds of ammunition but there was not a round in the chamber.  At around the same time, Alicea also sold methamphetamine to a confidential informant.  After he was arrested, Alicea admitted that he traded methamphetamine to acquire the gun. 

The case was prosecuted by Assistant U.S. Attorney Paulette Stewart and investigated by the Missouri River Drug Task Force and Bureau of Alcohol, Tobacco, Firearms, and Explosives. 

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

GREAT FALLS – Antonio Todd Tigart, a 21-year-old Great Falls resident, was sentenced today to 14 months in prison followed by 2 years supervised release after pleading guilty to prohibited person in possession of firearms on January 17, 2018.  U.S. District Judge Brian M. Morris handed down the sentence. 

On June 26, 2017, officers with the Great Falls Police Department ran Tigart for warrants after he walked past a civil standby.  Tigart had an active arrest warrant for the revocation of his felony, criminal endangerment conviction in February 2017.  A loaded Springfield Armory .40 caliber semi-automatic pistol was tucked into his waistband.  Further investigation revealed that the firearm was stolen in December 2016.

The case was prosecuted by Assistant U.S. Attorney Paulette Stewart and investigated by the Great Falls Police Department and Bureau of Alcohol, Tobacco, Firearms, and Explosives. 

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

GREAT FALLS - The United States Attorney’s Office announced today that Landon Dupree, a 32-year-old resident of Poplar, was sentenced to 70 months in prison, four years of supervised release, and a $100 special assessment.  U.S. District Judge Brian Morris presided over the hearing.   

Dupree previously entered a guilty plea to conspiracy to possess with intent to distribute methamphetamine.  In January 2017, Dupree was arrested on an outstanding warrant for violating the terms of his supervised release, drugs and drug paraphernalia on his person during the subsequent arrest. 

In July 2017, the Montana Highway Patrol stopped the vehicle Dupree was driving and following a search of the vehicle, located a digital scale, methamphetamine, and syringes.  Dupree was a mid-level distributor selling methamphetamine on the Fort Peck Indian Reservation, primarily in Poplar. 

In a sentencing memorandum filed in federal court, federal prosecutors noted, “Methamphetamine … is destroying lives, breaking up families, and undermining tribal cultures”.  It continued “Dupree’s conduct contributed directly to this problem.  He provided meth to people needing a quick fix and seemingly fails to understand the broad implications of his criminal conduct.” 

Judge Morris sentenced Dupree to more than five years in federal prison, with four years of supervised release to follow.  Because there is no parole in the federal system, Dupree will likely serve all of the time imposed by the court.  In the federal system, Dupree does have the opportunity to shorten the term of custody by earning credit for good behavior.  However, this reduction will not exceed 15% of the overall sentence.       

The Dupree case was investigated by the Federal Bureau of Investigation, Fort Peck Tribes Department of Law and Justice, Montana Highway Patrol, and other federal, state, and local agencies. 

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

MISSOULA – Kristjan Thorkelson, a resident of Manitoba, Canada, together with several Canadian companies associated with Thorkelson, including Canada Drugs, Rockley Ventures, and River East Supplies, admitted today to widespread illegal sales of misbranded and counterfeit prescription drugs in the United States.  Chief U.S. District Court Judge Dana Christensen sentenced the Canadian companies to forfeit $29,000,000 of the proceeds of their illegal scheme, to pay a fine of $5,000,000, and to five years of probation.  The court sentenced Thorkelson individually to pay a fine of $250,000 and to five years of probation with the first six months in home confinement.   Thorkeleson and the associated companies were also ordered to permanently cease their illegal operations, surrender to the United States all domain names and websites from their businesses, and cooperate with the United States Justice Department and the Food and Drug Administration (FDA) in any further criminal investigations. 

In 2010, it came to the attention of the FDA that Canada Drugs was shipping to health care providers in the United States prescription drugs that were unapproved in the United States, labelled with foreign languages, and that lacked adequate instructions for use.  During this time, Thorkelson was CEO of Canada Drugs.  Further investigation revealed that various entities affiliated with Canada Drugs were smuggling unapproved and misbranded drugs intended for sale in foreign countries into the United States, including for sale to providers in Montana.  To facilitate its sales, Canada Drugs purchased other companies engaged in this business and used the brand names, drug inventories, and customer lists of those companies to further its illegal operations.  One of those companies was Montana HealthCare Solutions, owned by Montana resident Paul Bottomley, who was separately prosecuted for similar conduct.  In order to avoid detection, Canada Drugs and its affiliated companies falsified customs forms concerning the value of the drugs shipped into the United States. 

In two instances, Canada Drugs, through its subsidiary River East Supplies, distributed counterfeit cancer drugs Avastin and Altuzan (the Turkish version of the drug) in the United States.  Testing of vials of the drugs recovered from these shipments revealed that both contained no active ingredient.  In 2012, Thorkelson and others at Canada Drugs became aware that they had shipped counterfeit Avastin and Altuzan to medical clinics in the United States.  Thorkelson denied “selling or offering Avastin,” even while the company attempted to recall the suspect drugs.  At no time did Thorkelson notify the FDA or other authorities in the United States that counterfeit cancer drugs containing no active ingredient had been shipped to providers in the United States. 

United States Attorney Kurt Alme stated, “By circumventing the FDA approval process, Thorkelson and the Canada Drugs companies jeopardized the health and safety of Americans.  The FDA approval process is important for the protection of public health and safety, and we will diligently prosecute those who put unknown and unapproved substances into the American prescription drug market.  But as this case shows, American providers and consumers need to beware when purchasing drugs on the internet.”

“FDA regulations are in place to protect patients and help ensure the medicines they receive are safe and effective,” said Catherine A. Hermsen, acting director of the FDA’s Office of Criminal Investigations. “The U.S. drug supply is among the safest in the world, but when drugs from outside the FDA’s closed supply chain enter the U.S., patients are put at risk. For the protection of consumers, the FDA will continue to pursue and bring to justice those who attempt to evade FDA’s regulations.” 

The case was prosecuted by Assistant U.S. Attorney Chad Spraker and Special Assistant United States Attorney Paul Joseph, and investigated by the U.S. FDA Office of Criminal Investigations.  The Criminal Division’s Office of International Affairs also provided significant assistance in this matter.  The Department also thanks its law enforcement colleagues in Canada, the United Kingdom, and Barbados.

HELENA – Ryan Frank Cervantes, a 27-year-old resident of Livingston, Montana, was sentenced today to 120 months in prison followed by 10 years supervised release after pleading guilty to conspiracy to possess methamphetamine with intent to distribute.  U.S. Senior District Judge Charles C. Lovell handed down the sentence.

From July 2016 to May 2017, Cervantes was involved in a large drug conspiracy operating in Gallatin and Broadwater Counties.  Cervantes worked for Ed Ellington who was considered to be the biggest drug supplier in the Bozeman and Belgrade area.

On December 7, 2016, the Missouri River Drug Task Force conducted a controlled purchase of methamphetamine from Krystal Rego.  Investigators met with a Confidential Informant (“CI”) prior to the purchase.  The CI had arranged to buy about 3.5 grams of methamphetamine from Rego.  The CI went to meet with Rego at the Super 8 Motel in Bozeman.  Rego met the CI in the parking lot and together they went into the hotel.  A short while later, investigators observed Rego come back outside the hotel where she met up with Cervantes to get the methamphetamine.  Rego then went back to the hotel room and gave the methamphetamine to the CI.  Shortly thereafter, the CI left and met back up with investigators. 

Just as Cervantes had been the drug supplier for Rego, the investigation showed that Cervantes was a supplier to at least 40-50 other people.  Cervantes source of supply was Ed Ellington.  During the scope of the drug conspiracy Cervantes was held responsible for distributing 226 grams of methamphetamine.  That converts to 1808 individual doses of the drug which reached drug users in Montana. 

Ed Ellington was also charged and has plead guilty in this case.  Mr. Ellington is scheduled to be sentenced on May 24, 2018.

The U.S. Attorney’s Office is partnering with federal, state, local and tribal law enforcement to identify those responsible for significant violent crime in Montana.  A centerpiece of this effort is Project Safe Neighborhoods, a recently reinvigorated Department of Justice program that has proven to be successful in reducing violent crime.  Today’s sentencing is part of the Project Safe Neighborhoods program.

The case was prosecuted by Assistant U.S. Attorney Bryan R. Whittaker and investigated by the FBI and the Missouri River Drug Task Force.