FEDERAL DISTRICT ARCHIVE
District of Montana
Press releases recorded for this federal judicial district.
Browning Bank Robber Sentenced to 17 Years in Federal PrisonRead the Press Release
GREAT FALLS—Ronald Joseph Fourhorns, 31, of Browning, Montana, was sentenced today—January 15, 2014—to 210 months in federal prison for robbing the Native American Bank in Browning in March of last year, according to the U.S. Attorney’s Office. Four Horns was also sentenced to three years of supervised release that will be served once he is out of prison, $4,000 in restitution, and a special assessment of $100 by U.S. District Judge Brian Morris during a federal court hearing in Great Falls.
Fourhorns was sentenced following his November 3, 2014, guilty plea to bank robbery. Assistant U.S. Attorney Ryan Weldon told the Court that on March 21, 2014, Fourhorns entered the Native American Bank in Browning, Montana. Fourhorns sat down and waited for a bank teller window to become available. As the lines of the bank tellers opened, Fourhorns went to a window and passed the bank teller a note, which stated: “I have a gun, give me all your money or I’ll start shooting.” Witnesses would have testified, according to AUSA Weldon that Fourhorns had on heavy make-up in an apparent attempt to conceal the tattoos on his face. Some of these tattoos consisted of the words “Crip,” which was on this forehead, “Vicious” on his upper lip and “Indian” on his lower lip. The teller surrendered $4,000 in cash and Fourhorns left the bank. Law enforcement used surrounding video surveillance and an identification of the get-away vehicle to determine that Fourhorns was the bank robber. Weldon also told the Court that witnesses saw Fourhorns near the Native American Bank on the day of the robbery and with a tremendous amount of cash, in the same denominations as that taken from the bank teller, after the robbery.
The statutory maximum for bank robbery is twenty years. The District Court sentenced Fourhorns to 210 months, or 17 years, in federal prison. Because there is no parole in the federal system, Fourhorns will likely be incarcerated for almost all of the 17 year sentence. Fourhorns will have the opportunity to shorten the term of custody by as much as 15 % for good behavior while in prison.
This case was investigated by the Federal Bureau of Investigation and local law enforcement.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Judge Johnston in Great Falls on January 8, 2015, and entering pleas of Not Guilty were:
- JAIME GARCIA, a 29-year-old resident of California, appeared on charges of conspiracy to possess with intent to distribute methamphetamine and conspiracy to commit money laundering. If convicted of the most serious charge contained in the indictment, GARCIA faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Drug Enforcement Administration, Russell Country Drug Task Force, and Homeland Security Investigations. PACER Case Reference: 14-96
Appearing before U.S. Magistrate Judge Lynch in Missoula on January 8, 2015, and entering pleas of Not Guilty were:
- JOHN LOUIS CROSS, a 55-year-old resident of Polson appeared on charges of wire fraud and money laundering. If convicted of the most serious charge contained in the indictment, CROSS faces 20 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service. PACER Case Reference: 14-47
- SLOANE HAROLD HEATH, a 29-year-old resident of Missoula, appeared on charges of receipt of child pornography. If convicted of the count contained in the indictment, HEATH faces 20 years in prison, $250,000 in fines and lifetime supervised release. The case was investigated by the Plano Texas Police Department, the Federal Bureau of Investigation, and the Montana Internet Crimes Against Children Task Force. PACER Case Reference: 14-45
- WILLIAM DAVID HESELIUS, a 60-year-old resident of Helena, appeared on charges of felon in possession of firearms. If convicted of the charge contained in the indictment, HESELIUS faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference: 14-08
- TRACY ANN HOHENSTATT, a 44-year-old resident of Phoenix, Arizona, appeared on charges of conspiracy to possess methamphetamine with intent to distribute and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, HOHENSTATT faces 20 years in prison, $1,000,000 in fines and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 14-30
- ZACHARY RYAN MILLS, a 33-year-old resident of Phoenix, Arizona, appeared on charges of conspiracy to possess methamphetamine with intent to distribute and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, MILLS faces 20 years in prison, $1,000,000 in fines and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 14-30
Appearing before U.S. Magistrate Judge Ostby in Billings on January 7, 2015, and entering pleas of Not Guilty were:
- RYAN ANTHONY CISLO, a 36-year-old resident of Billings appeared on charges of felon in possession of a firearm and possession of stolen firearms. If convicted of the most serious charge contained in the indictment, CISLO faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco and Firearms. PACER Case Reference: 14-125
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to,http://www.pacer.gov/register.html. To access the district court’s calendar, please go tohttps://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Browning Man Sentenced to Prison for StrangulationRead the Press Release
(GREAT FALLS) A Browning man has been sentenced to prison following a guilty verdict in a September 2014 trial. Jordan James Lamott was sentenced to 32 months in prison followed by 3 years supervised release for strangling his girlfriend. This is the first case in the District of Montana that a defendant has been convicted at trial for strangulation in federal court since the inception of the statute. It is also one of the first such cases in the entire country.
On March 7, 2013, President Obama signed into law the reauthorization of the Violence Against Women Act (VAWA). This law contains provisions that significantly improve the safety of Native women and that importantly allow federal and tribal law enforcement agencies to hold more perpetrators of domestic violence accountable for their crimes. Many of these critical provisions were drawn from the U.S. Department of Justice’s July 2011 proposal for new Federal legislation to combat violence against native women.
The tribal provisions in VAWA address three significant legal gaps by: (1) recognizing certain tribes’ power to exercise concurrent criminal jurisdiction over domestic violence cases, regardless of whether the defendant is Indian or non-Indian; (2) clarifying that tribal courts have full civil jurisdiction to enforce protection orders involving any person, Indian or non-Indian; and (3) creating new federal statutes to address crimes of violence, such as strangulation, committed against a spouse or intimate partner and providing more robust federal sentences for certain acts of domestic violence in Indian country.
These steps have been taken, at least in part, because a recent Center for Disease Control and Prevention survey found that 46% of Native American women have experienced rape, physical violence, or stalking by an intimate partner in their lifetime.
Lamott was indicted on July of 2014 by a federal grand jury. At trial, Assistant U.S. Attorney Ryan G. Weldon presented evidence that Lamott’s girlfriend wore a skirt to impress him. Lamott became angry, and he strangled his girlfriend three times. The final time, Lamott’s girlfriend lost consciousness. In the morning, Lamott requested that his girlfriend have sex with him, and when she refused, he kicked her out of the house. When arriving at the hospital a few hours later, Lamott’s girlfriend explained that she had been strangled. Medical professionals testified that the bruising around the neck of Lamott’s girlfriend was consistent with strangulation.
Lamott was interviewed by federal agents. He claimed that he remembered everything on the night of the assault. When confronted with evidence that his girlfriend had strangulation marks on her neck, Lamott ultimately admitted that it was “possible” that he strangled his girlfriend.
U.S. Attorney Mike Cotter said the trial in this case represents the office’s dedication to working with reservations to ensure that Native American women and families are protected from domestic violence. “The strangulation statute and VAWA offers the U.S. Attorney’s Office a critical weapon to ensuring that domestic violence is dealt with swiftly and with harsh consequences. Victims of one episode of strangulation are six times more likely to be a victim of attempted homicide by the same partner. These same victims are seven times more likely to actually die at the hands of their loved ones. It is this type of violence that tears apart families, damages children, and can have lethal consequences. The ability to proceed to trial on strangulation cases has proven effective, and we are proud to be one of the first districts to ensure this statute is vigorously enforced.”
The investigation was conducted by the Bureau of Indian Affairs.Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Judge Lynch in Missoula on December 17, 2014, and entering pleas of Not Guilty were:
• DONALD MITCHELL JOHNSON, a 48-year-old resident of Alhambra, California, appeared on charges of conspiracy to commit access device fraud and fraud and related activity in connection with access devices. If convicted of the most serious charges contained in the indictment, LIU faces 10 years in prison, $250,000 in fines and 5 years supervised release. The case was investigated by the U.S. Secret Service. PACER Case Reference: 14-28
• EDWARD EARL WERNER, a 42-year-old resident of Hot Springs, appeared on charges of felon in possession of firearms. If convicted of the charge contained in the indictment, WERNER faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sanders County Sheriff’s Office. PACER Case Reference: 14-46
Appearing before U.S. Magistrate Judge Strong in Great Falls on December 17, 2014, and entering pleas of Not Guilty were:
• JOSE LUIS ALVARADO, a 27-year-old citizen of Mexico appeared on charges of conspiracy to possess with intent to distribute methamphetamine and conspiracy to commit money laundering. If convicted of the most serious charge contained in the indictment, ALVARADO faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Drug Enforcement Administration, Russell Country Drug Task Force, and Homeland Security Investigations. PACER Case Reference: 14-96
• BRANDON MICHAEL JACKSON, a 29-year-old resident of Wolf Point appeared on charges of burglary. If convicted of the charge contained in the indictment, JACKSON faces 20 years in prison, $50,000 in fines and 3 years supervised release. The case was investigated by Fort Peck Tribes Department of Law and Justice PACER Case Reference: 14-78
Appearing before U.S. Magistrate Judge Ostby in Billings on December 17, 2014, and entering pleas of Not Guilty were:
• ZHE LIU, a 23-year-old resident of Alhambra, California, appeared on charges of conspiracy to commit access device fraud and fraud and related activity in connection with access devices. If convicted of the most serious charges contained in the indictment, LIU faces 10 years in prison, $250,000 in fines and 5 years supervised release. The case was investigated by the U.S. Secret Service. PACER Case Reference: 14-119
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case. To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
University of Great Falls Student Sentenced to Six Month in Custody for FAFSA FraudRead the Press Release
GREAT FALLS – Former University of Great Falls student, Brenden James Leischner, 24, now of Indio, California, was sentenced to six months in federal custody for Federal Student Financial Aid Fraud, by U.S. District Judge Brian Morris. The United States Attorney’s Office announced that today’s sentence also included five years’ probation, $82,237 in restitution to the U.S. Department of Education, $2500 in payment for court-appointed counsel to the U.S. District Court, and a $25 special assessment.
At an earlier hearing, federal prosecutors told the Court that Brenden Leischner, son of Mark and Tammy Leischner, who have also plead guilty to multiple felonies involving embezzlement of federal funds, bankruptcy fraud, obstruction of justice and federal student financial aid fraud, applied for admission and was accepted to the University of Great Falls (UGF) in the Fall of 2009 as a Criminal Justice major. While enrolled at UGF, Leischner and his parents completed multiple Free Application for Federal Student Aid (FAFSA) applications in which they concealed significant income that would have disqualified them for student and parental loans and grants.
On August 29, 2012, Mark Leischner applied for a PLUS Loan (Parent Loan for Undergraduate Student) which was declined the next day due to lack of credit-worthiness. A week later, on September 8, 2012, Mark Leischner filed an Endorser Addendum for Federal Direct PLUS Loan and listed his son-in-law, as a co-signer for the $17,500 loan. The son-in-law had sufficient credit worthiness so the loan was approved, obligating the son-in-law to pay the debt. Brenden’s sister, told law enforcement that Brenden stayed with them for a portion of that summer and had a bedroom downstairs where the family file cabinet was kept and had access to her husband’s social security number. The son-in-law later filed an identity theft complaint with Yellowstone County for his father-in-law’s use of his name and social security account number to obtain the loan and harm his credit. The son-in-law had discovered the theft of his identity when he had attempted to get new mortgage financing and had been denied because of the PLUS loan.
This loan was processed through the University of Great Falls. When the money arrived Brenden went to the Financial Aid office and asked for the entire amount—less what the college retained to pay his bills to them—and they wrote him a check for $13,374 which Brenden took to his bank and converted all but $1000 into cash; of which, according to Brenden, he gave $6000 to Mark Leischner to pay on a past due mortgage payment and other bills, all unassociated with Brenden’s educational expenses. After becoming aware of the federal student aid fraud investigation, Mark Leischner called the Financial Aid office and said something to the effect of “I think Brenden may have made off with the money from that loan.”
By 2013, Brenden Leischner was an emancipated adult and filed his own FAFSA—without having to disclose any income or assets but his own, on May 2, 2013, for aid in the 2013-2014 academic year. He claimed to be married and may have or not had a legally recognizable marriage under common law. There is no evidence that he and his girlfriend were ever married by license or ceremony. On her FAFSA, his then girlfriend indicated they were married as well. Independent married students get more federal aid than unmarried students.
Brenden Leischner failed to disclose that he had received a $105,000 medical malpractice insurance payment two months earlier, in February 2013. Leischner deposited $50,000 of his medical settlement with the investment company Waddell and Reed and then made withdrawals totaling $16,000 from the investment in the form of checks issued payable to him in April ($3,500), May ($7,500) and June 2013 ($5,000). After reviewing these check disbursements, Brenden admitted he had cash funds available in May 2013. Investigation disclosed that after receiving the $105,000, Brenden Leischner bought himself a Hummer and took an extended vacation to Hawaii with his girlfriend.
Mark and Tammy Leischner, and Brendon Leischner’s uncle, James Eastlick, Jr. are scheduled for sentencing in federal court in March 2015. Brenden’s grandfather, James Eastlick, Sr., was sentenced to a year in federal prison in September 2014 for his role in the embezzlement of $311,000 of federal funds.The case was brought by the federal agents of the Guardians Project and was investigated by the Office of Inspector General of the Department of Interior, with the support of the Internal Revenue Service’s Criminal Investigation Division and the Office of Inspector General for the U.S. Department of Education.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed. Appearing before U.S. Magistrate Judge Ostby in Billings on December 12, 2014, and entering pleas of Not Guilty were:
• PRESTON DAVID BELL, a 21-year-old resident of Wyola, appeared on charges of uttering counterfeit obligations. If convicted of the most serious charges contained in the indictment, BELL faces 20 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the U.S. Secret Service. PACER Case Reference: 14-114
• JAMES MICHAEL CARROLL, a 32-yeard-old resident of Columbus, appeared on charges of felon in possession of a firearm. If convicted of the most serious charge contained in the indictment, CARROLL faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference: 14-70
• HAYDEN ONEIL LOWRY, a 20-year-old resident of Miles City, appeared on charges of possession of stolen firearms and robbery involving motor vehicles. If convicted of the most serious charges contained in the indictment, LOWRY faces life in prison, $250,000 in fines and 5 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference: 14-57
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case. To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Judge Lynch in Missoula on December 17, 2014, and entering pleas of Not Guilty were:
• DONALD MITCHELL JOHNSON, a 48-year-old resident of Alhambra, California, appeared on charges of conspiracy to commit access device fraud and fraud and related activity in connection with access devices. If convicted of the most serious charges contained in the indictment, LIU faces 10 years in prison, $250,000 in fines and 5 years supervised release. The case was investigated by the U.S. Secret Service. PACER Case Reference: 14-28
• EDWARD EARL WERNER, a 42-year-old resident of Hot Springs, appeared on charges of felon in possession of firearms. If convicted of the charge contained in the indictment, WERNER faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sanders County Sheriff’s Office. PACER Case Reference: 14-46
Appearing before U.S. Magistrate Judge Strong in Great Falls on December 17, 2014, and entering pleas of Not Guilty were:
• JOSE LUIS ALVARADO, a 27-year-old citizen of Mexico appeared on charges of conspiracy to possess with intent to distribute methamphetamine and conspiracy to commit money laundering. If convicted of the most serious charge contained in the indictment, ALVARADO faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Drug Enforcement Administration, Russell Country Drug Task Force, and Homeland Security Investigations. PACER Case Reference: 14-96
• BRANDON MICHAEL JACKSON, a 29-year-old resident of Wolf Point appeared on charges of burglary. If convicted of the charge contained in the indictment, JACKSON faces 20 years in prison, $50,000 in fines and 3 years supervised release. The case was investigated by Fort Peck Tribes Department of Law and Justice PACER Case Reference: 14-78
Appearing before U.S. Magistrate Judge Ostby in Billings on December 17, 2014, and entering pleas of Not Guilty were:
• ZHE LIU, a 23-year-old resident of Alhambra, California, appeared on charges of conspiracy to commit access device fraud and fraud and related activity in connection with access devices. If convicted of the most serious charges contained in the indictment, LIU faces 10 years in prison, $250,000 in fines and 5 years supervised release. The case was investigated by the U.S. Secret Service. PACER Case Reference: 14-119
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case. To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Federal Law Enforcement Leaders Meet to Support the U.S. Attorney's Guardians ProjectRead the Press Release
GREAT FALLS – Dozens of senior federal law enforcement officials will meet in Great Falls this week to consult with the United States Attorney about his office’s anti-corruption strike-force known as the Guardians. The Guardians Project was launched in 2011 by U.S. Attorney Mike Cotter as a collaborative law enforcement effort to investigate and prosecute public corruption and fraud involving federal grants and contracts in the aftermath of the American Recovery and Reinvestment Act—also known as the Stimulus Bill—which provided for significant increases in federal funding in Indian Country.
The Guardians Project created a partnership that merged the extensive resources of the Federal Bureau of Investigation and the Internal Revenue Service with the expertise and experience of the various Offices of Inspector General, whose departments had provided significant grants and contracts to Indian tribes for the benefit of those communities. Agents working for the Inspectors General specialize in the investigation of fraud and corruption, and other forms of abuse of taxpayer monies, and possess specialized knowledge of federal programs. This week’s meeting of senior officials seeks to review the work of the Guardians and to coordinate with federal prosecutors about the future direction of the initiative.
Department of Justice Inspector General Michael Horowitz will attend the meeting along with senior national officials from Offices of Inspector General for the Departments of Interior, Health and Human Services, Education, Housing and Urban Development, and the Environmental Protection Agency. Guardians’ case agents and regional officials from those departments will also be in Great Falls to discuss the progress and future direction of the Guardians Project. Management officials from the FBI and IRS will join the Inspectors General at the meeting on Thursday and have informal meetings with the U.S. Attorney on Wednesday afternoon.
Those management officials attending the Great Falls meeting are:
Department of Justice – Office of the Inspector General
- Michael Horowitz, Inspector General
- Norman Lau, Special Agent in Charge - Denver Region
Department of Justice – Federal Bureau of Investigation
- Mary Rook, Special Agent in Charge - Salt Lake City Division
- Scott Vito, Assistant Special Agent in Charge
- Travis Burrows, Supervisory Senior Resident Agent
Department of Interior – Office of Inspector General
- Stephen Hardgrove, Chief of Staff
- Matthew Elliott, Deputy Assistant Inspector General for Investigations
- Don Crook, Special Agent in Charge - Denver Region
Department of Health and Human Services – Office of Inspector General
- Joanne Chiedi, Principal Deputy Inspector General
- Gary Cantrell, Deputy Inspector General - Investigations
- Gerry Roy, Special Agent in Charge - Kansas City Division
Department of Treasury – Internal Revenue Service
- Stephen Boyd, Special Agent in Charge - Denver Field Office
- Steven Osborne, Assistant Special Agent in Charge
Department of Education – Office of Inspector General
- Aaron Jordan, Acting Assistant Inspector general for Investigations
- Natalie Forbort, Special Agent in Charge - Long Beach Regional Office
Environmental Protection Agency – Office of Inspector General
- Patrick Sullivan, Assistant Inspector General
- Alan Mito, Special Agent in Charge - Denver Region 8
Department of Housing and Urban Development – Office of Inspector General
- David Barnes, Assistant Special Agent in Charge, Denver Field Office
Since the Guardians Project began obtaining indictments from the federal grand jury in late 2012, thirty two indictments and two informations have been filed charging 76 defendants and resulting in 35 felony convictions. The convictions are for conspiracy, bribery, fraud, embezzlement, extortion, obstruction of justice, money laundering and tax evasion.
Notable Guardians prosecutions are the convictions of six defendants associated with the Po’Ka Program for disadvantaged youth on the Blackfeet reservation, the prosecution and conviction of Tony Belcourt, Chief Executive Officer of the Chippewa Cree Construction Corporation, and former tribal Chairmen John Chance Houle and Bruce Sunchild of the Rocky Boy’s reservation. Eight members of the Dale Old Horn family were convicted in 2012 and 2013 for their role in a scheme to defraud the Crow Tribe using positions with the Crow Tribe Historic Preservation Office.
Corporation Sentenced for Safety Violations That Caused Employee DeathRead the Press Release
MISSOULA – A Montana corporation specializing in residential and commercial asphalt paving services was sentenced today for violating of a safety standard that caused the death of one of its employees. MR Asphalt and its President, Martin Romano, were sentenced to three years’ probation and $7,500 in fines. In addition, $12,500 was ordered to the victim’s spouse.
Assistant U.S. Attorney Kris McLean told the court that on September 13, 2012, the MR Asphalt employee was checking the asphalt tank located thirteen (13) feet from ground level. Another employee found the victim lying face down on the ground next to the asphalt tank. Police reports and medical records confirm the victim’s death was consistent with a fall from the asphalt tank. The investigation specifically noted the lack of guardrails or handrails on the asphalt tank, as well as the absence of any type of personal fall protection on the victim’s body.
After the incident, Martin Romano met with MR Asphalt employees and asked them to falsify safety records, specifically to back date records of safety meetings that did not occur. In addition, a safety harness and lanyard were placed in the control shack after the incident, and Romano told others that the equipment was always present at the worksite. The investigation revealed that no one had ever been trained or certified in fall protection or fall arrest systems, or that safety equipment was ever available prior to the fatal fall.
“Although nothing will restore the victim to family and loved ones, prosecution of the case by the U.S. Attorney’s Office, and the defendant's plea of guilty, will send a clear message that no employee’s life should be sacrificed for a day’s wages,” said Gregory Baxter, Regional Administrator for OSHA’s Region VIII Office in Denver.
The case was investigated by the Occupational Safety and Health Administration.
Former Chippewa Cree Tribal Chairman Pleads Guilty to Bribery, Embezzlement, Obstruction of Justice and Tax EvasionRead the Press Release
GREAT FALLS – Former Chippewa Cree Tribal Chairman John Chance Houle, 50, of Box Elder, pleaded guilty today to four felonies involving bribery, embezzlement, obstruction of justice, and tax evasion, according to the United States Attorney’s Office. Houle had been charged in four indictments handed down by a federal Grand Jury investigating corruption in Indian Country. Houle appeared before U.S. District Judge Brian Morris in Great Falls to enter the guilty pleas.
Houle’s sentencing on the four felonies is set for March 19, 2015, at the Missouri River Courthouse in Great Falls.
Houle pleaded guilty to accepting kick-back payments from Hunter Burns Construction in exchange for facilitating the award and payment on tribal contracts. In an offer of proof filed by the United States Attorney’s Office, prosecutors told the court that if they had taken the case to trial the evidence would have shown that in the 28 month period between July 28, 2009, through November 30, 2011, Houle received $306,987 from the construction company and James Eastlick, Jr., a clinical psychologist with the Rocky Boy Health Clinic who was a 49% owner of the construction business.
In another indictment Houle pleaded guilty to embezzling hundreds of thousands of dollars from the Chippewa Cree Rodeo Association. As President of the Rodeo Association, prosecutors told the court, Houle arranged to have payments made to nominee vendors with the understanding that a large portion of the payment would be kicked back to Houle. According to court records, the government would have proven that in 2009, Mark Leischner, Eastlick’s brother-in-law received $135,000 in checks from Houle and Colliflower, and kicked back to Eastlick approximately $53,000. For 2010, Leischner received $133,000 in checks from Houle and the CCRA, from which $62,000 was provided to Tony Belcourt for purchase of a residence in Box Elder. Leischner’s “cut,” as agreed to by Houle, was to be $45,000. In 2010, and then in 2011, Houle also used Bear Paw Indian Rodeo Association President Wade Colliflower as a beneficiary of Chippewa Cree Tribe Rodeo Association payments, a portion of which were then paid back to Houle in cash. Colliflower is scheduled to enter a guilty plea tomorrow for his role in the embezzlement scheme.
In that same indictment Houle was also charged with and pleaded guilty to obstruction of a federal grand jury investigation. The offer of proof filed by the government indicated that when investigation into the payments to Leischner began, Houle, Eastlick and Mark and Tammy Leischner met on several occasions to manufacture documents that would give the appearance of legitimacy to the payments to Leischner. In 2013, a federal grand jury subpoenaed Leischner’s records and he provided the fraudulent documents in response to the subpoena.
In the third indictment, Houle pleaded guilty to one of four counts of tax evasion. As part of his plea agreement with the United States, Houle agreed to pay the taxes on his undeclared income from Hunter Burns Construction, Eastlick, Leischner, and Colliflower. In the four tax years 2009 through 2012, Houle had over $412,000 in undeclared income from those sources, and agreed to pay $121,219 to the Internal Revenue Service as part of the plea agreement. The United States advised the court that there was almost $230,000 in undisclosed income from other sources on which tax liability may have been evaded, but that the investigation was halted when the agreement was reached.
The case was brought by the federal agents of the Guardians Project and was investigated by the agents of the Offices of Inspector General of the Departments of Interior, Health and Human Services, and Environmental Protection Agency, as well as by the Internal Revenue Service Criminal Investigation Division.
United States Obtains Fraud Judgment in Discrimination Class Action CaseRead the Press Release
GREAT FALLS – The United States Attorney’s Office announced today that it has obtained a summary judgment for fraud in the filing of a fraudulent claim in a nationwide class-action lawsuit in which Native American producers claimed discrimination in the handling of their agriculture loans by the Farm Services Agency (FSA) of the U.S. Department of Agriculture (USDA).
In a civil False Claims Act suit against Patrick Charles Thomas, 56, of Cut Bank, the government alleged that Thomas had made fraudulent representations as to his eligibility for a share of the proceeds from the Keepseagle class action settlement. The United States seeks recovery and damages in the amount of $944,690.73. In his November 4, 2014, order, U.S. District Judge Brian Morris entered summary judgment in favor of the United States. The amount to be awarded to the government will be determined by a separate court order.
In Keepseagle v. Vilsak, Civil Action No. 1:99-CV-03119 (DDC) (EGS), a class action lawsuit was pursued by Native American farmers and ranchers alleging that they had been discriminated against by the USDA and that they had been denied equal access to credit in the USDA Farm Loan Program. As a result of that lawsuit, on April 28, 2011, a $710 million settlement with the USDA was approved, and claims were entertained from individual Native American producers who asserted that they had been discriminatorily aggrieved by the USDA in the lending process.
The Native American farmers and ranchers entitled to file a claim and receive relief under the settlement were producers who: a) farmed or ranched or attempted to farm or ranch between January 1, 1981 and November 24, 1999; b) sought, or attempted to seek, a farm loan from the USDA during that period; c) had their application denied, provided late, approved for a lessor amount than asked, was encumbered by restrictive conditions, or failed to have appropriate loan servicing; d) complained about discrimination to the USDA during the same time period; and, e) suffered economic harm attributable to USDA actions.
Successful claimants were eligible to receive a payment of up to $50,000 and forgiveness of some or all outstanding USDA loans.
In December of 2011, Patrick Thomas, a former Chairman of the Blackfeet Tribe and a rancher who operated near Cut Bank, made a Keepseagle claim alleging that he had been discriminated against. In his claim he marked the “Yes” box for the question “Were you denied an opportunity to submit application(s) for loan(s) or loan servicing, or discouraged from applying between January 1, 1981 and November 24, 1999?”. In an affidavit in support of his claim, Thomas represented that on three occasions his loans were thrown away by the FSA representative. Thomas alleged that he had communicated his claim of discrimination, as required to participate in the settlement, to FSA representatives at the time. Thomas’s claim was processed and he received $50,000 and forgiveness of all of his FSA debt. The award and forgiveness of debt totaled $314,896.91.
On April 18, 2013, Thomas was indicted by a federal Grand Jury which charged him with filing a false claim in the Keepseagle litigation, selling secured property, and making false statements with regard to his application for and receipt of federal agricultural loans. The United States dismissed the Keepseagle count from the indictment on July 2, 2013, electing instead to pursue the fraud claim as a civil matter. Thomas pleaded guilty to selling property pledged as collateral to the FSA and was sentenced to a year and a day in prison in October 2013. His criminal case has been appealed to the Ninth Circuit.
During the course of the criminal case Thomas admitted that he had not alleged discrimination during the eligibility period. On the basis of his admissions, Judge Morris found no material dispute of fact as to whether Thomas filed a false Keepseagle claim and granted judgment to the United States.
U. S. Attorney Mike Cotter welcomed the decision. “Discrimination is too important a concern and too serious an allegation to be diminished by fraud and deceit. If a Native American farmer or rancher was discriminated against, that producer is entitled to a remedy. Those who make fraudulent claims only cast aspersion on valid claims and undermine the public’s confidence in the justice system. They must be held to account for the fraud, not just because all fraud is wrong, but to preserve respect for the law and the institutions that provide remedies for the honestly aggrieved.”
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Judge Strong in Great Falls on December 4, 2014, and entering pleas of Not Guilty were:
• EVERETT SKUNKCAP, a 75-year-old resident of Browning, appeared on charges of unlawful taking of a threatened species. If convicted of the most serious charges contained in the indictment, SKUNKCAP faces 6 months in prison and $25,000 in fines. The case was investigated by the U.S. Fish and Wildlife Service. PACER Case Reference: 14-89
Appearing before U.S. Magistrate Judge Lynch in Missoula on December 3, 2014, and entering pleas of Not Guilty were:
• KELLY JAMES ENGELHARDT, a 34-year-old resident of Havre, appeared on charges of conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, ENGELHARDT faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Missoula HIDTA. PACER Case Reference: 14-44
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case. To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Rexford Respiratory Therapist Sentenced to 12 Months and One Day for $1.4 Million Medicaid Fraud and $200,000 Tax FraudRead the Press Release
MISSOULA – A respiratory therapist from Rexford, Montana has been sentenced to 12 months and one day for defrauding Medicaid of over $1.4 million and filing tax returns that failed to report her correct income resulting in a tax loss of over $200,000. Anna Sue Tope, 67, was the vice president of Eagle Calf Technical Corporation (Eagle Calf), a company providing medical equipment and services on the Blackfeet Indian Reservation. Eagle Calf’s clients in the Browning area are generally low-income patients eligible for Medicaid.
Assistant U.S. Attorney Chad Spraker told the court that Tope, a respiratory therapist, had worked at various hospitals and owned a medical supply business prior to starting the Montana company with a business associate started in 1998. In 2001, Tope became the sole signatory for Eagle Calf bank accounts.
From 2003 until 2011, Spraker explained, an Eagle Calf customer received catheter supplies from the company. The patient required the use of one of two types of tracheal suction catheters. Cath-n-Glove kits, which cost approximately $2.70 each, are much less expensive than a closed system catheter (approximately $16 each). Cath-n-Glove kits are disposable and designed for one-time use, but a patient may require multiple kits each day. A closed system catheter, however, may be used for a longer period of time—typically multiple days to one week before a patient requires a new one.
Eagle Calf provided Cath-n-Glove kits from the time the patient started receiving supplies from Eagle Calf in 2003 until November 2011. Investigators located six wholesale suppliers who had sold 20,626 Cath-n-Glove kits to Eagle Calf on 59 invoices during the period of the indictment. None of the invoices showed Eagle Calf ever purchased a closed system catheter from any supplier.
Although furnishing the patient with the less expensive catheter, Tope fraudulently billed Medicaid for the more expensive closed system catheters. Medicaid was billed for more than $1.7 million for over 108,000 closed system catheters purportedly supplied to the patient. Had the Medicaid program not been misled as to the medical equipment actually being provided, reimbursement to Eagle Calf would have been approximately $300,000. Tope’s fraudulent scheme cost the government $1.4 million.
The case was investigated by the Montana Medicaid SURS Unit, the Internal Revenue Service, the Health Care Fraud investigator for the U.S. Attorney’s Office, and the Federal Bureau of Investigation.
PACER Case Reference: 14-57
Information: Federal Court ArraignmentsRead the Press Release
Information: Federal Court Arraignments The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Judge Ostby in Billings on November 26, 2014, and entering pleas of Not Guilty were:
• CRYSTALYNN ROSE SHOULDERBLADE, a 38-year-old resident of Lame Deer, appeared on charges of distribution of methamphetamine and distribution of methamphetamine on premises where children are present/reside. If convicted of the most serious charge contained in the indictment, SHOULDERBLADE faces 20 years in prison, $1,000,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference: 14-121
• ISAAC JOHN WASHINGTON, JR., a 32-year-old resident of Lame Deer, appeared on charges of distribution of methamphetamine and distribution of methamphetamine on premises where children are present/reside. If convicted of the most serious charge contained in the indictment, WASHINGTON faces 20 years in prison, $1,000,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference: 14-121
Appearing before U.S. Magistrate Judge Lynch in Missoula on November 25, 2014, and entering pleas of Not Guilty were:
• BRIAN LEE CROY, a 37-year-old resident of Bozeman, appeared on charges of felon in possession of a firearm. If convicted of the most serious charge contained in the indictment, CROY faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Bozeman Police Department and the Gallatin County Sheriff’s Office. PACER Case Reference: 14-25
• NICHOLAS CLINTON HOLT, a 32-year-old resident of Havre, appeared on charges of conspiracy to distribute methamphetamine. If convicted of the charge contained in the indictment, HOLT faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Drug Enforcement Administration, Great Falls Police Department, Tri-Agency Task Force and the Ravalli County Sheriff’s Office. PACER Case Reference: 14-43
Appearing before U.S. Magistrate Judge Strong in Great Falls on November 25, 2014, and entering pleas of Not Guilty were:
• MELODY BILLY HENRY, a 50-year-old resident of Box Elder, appeared on charges of theft from an Indian tribal government receiving federal funding and theft from an Indian tribal organization. If convicted of the most serious charge contained in the indictment, HENRY faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Environmental Protection Agency, U.S. Department of Interior Office of Inspector General, U.S. Department of Health and Human Services Office of Inspector General, Internal Revenue Service, and the Federal Bureau of Investigation. PACER Case Reference: 14-97
• AMBER NICOLE WELLS, a 30-year-old resident of La Junta, Colorado, appeared on charges of theft from an Indian gaming establishment. If convicted of the charge contained in the indictment, WELLS faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 14-55
Appearing before U.S. Magistrate Judge Ostby in Billings on November 24, 2014, and entering pleas of Not Guilty were:
• AUSTIN ALLEN ALLERY, a 19-year-old resident of Miles City, appeared on charges of possession of stolen firearms and robbery involving motor vehicles. If convicted of the most serious charge contained in the indictment, ALLERY faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference: 14-57
• WARRECO J. KILLSNIGHT, a 32-year-old resident of Billings, appeared on charges of felon in possession of a firearm. If convicted of the most serious charge contained in the indictment, KILLSNIGHT faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference: 14-84
• LESTER PINEX III, a 26-year-old resident of Gary, Indiana, appeared on charges of felon in possession of a firearm. If convicted of the charge contained in the indictment, PINEX faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference: 14-88
Appearing before U.S. Magistrate Judge Strong in Great Falls on November 21, 2014, and entering pleas of Not Guilty were:
• JASON LEROY BIRDTAIL, JR., a 26-year-old resident of the Fort Belknap Reservation, appeared on charges of assault resulting in serious bodily injury, assault with a dangerous weapon, and aggravated sexual abuse. If convicted of the most serious charges contained in the indictment, BIRDTAIL faces life in prison, $250,000 in fines and lifetime supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 14-105
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case. To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Lamberts Plead Guilty to Embezzlement from Town of BrocktonRead the Press Release
GREAT FALLS – Four members of a Brockton family have entered felony guilty pleas in connection with the embezzlement of $132,564 in municipal monies belonging to the Town of Brockton by former business manager Desiree Lambert. Desiree Lambert, 59, pleaded guilty to fraud, embezzlement, and aggravated identity theft. Her husband, Bernard Lambert, 66, and her daughters, Kaycee Lambert, 35, and Kayla Lambert, 30, pled guilty to aiding and abetting Desiree Lambert’s embezzlement. The United States Attorney’s Office announced that the guilty pleas were entered in federal court in Great Falls before U.S. District Judge Brian Morris. Morris set sentencing for all four defendants for March 5, 2015.
In an offer of proof, Assistant U.S. Attorney Ryan Weldon told the court that Desiree Lambert was hired by the Town of Brockton as a business manager. Beginning in December of 2012, Lambert began writing municipal checks payable to herself and members of her family. Lambert forged the signature of the Mayor of Brockton to negotiate the checks, the proceeds of which were used for gambling and to supplement the family’s lifestyle. Between January 2013 and March of 2014 when the embezzlement was discovered, Lambert embezzled $132,564 in public funds.
The Town of Brockton is a town of about 250 people located on the Fort Peck Indian Reservation about 15 miles east of Poplar, Montana, and received much of its funding from the federal government. Between October 1, 2012, and September 30, 2014, in addition to funding from other federal sources, the Town of Brockton received $129,352 in Community Oriented Policing Services (COPS) grants to augment their public safety budget which Lambert admitted she used, with accounting transfers, to conceal her thefts from other municipal funds.
Desiree and Bernard Lambert were previously prosecuted in federal court in 2006 based upon embezzling $12,000 from the Fort Peck Tribe when Desiree Lambert was the Director of the Fort Peck Department of Education and Bernard Lambert was then the Superintendent for the Brockton School District. In 2007, both defendants were sentenced to a year in federal custody.
The investigation leading to the indictment handed down by the federal grand jury in August of this year, to which today’s guilty pleas were entered, was conducted by agents of the Federal Bureau of Investigation and the Office of Inspector General for the Department of Justice as part of the Guardians Project which seeks to crack-down on corruption in federal grants and contracts, primarily in Indian communities.
Didier Conviction Re-Instated by Ninth CircuitRead the Press Release
MISSOULA – The Ninth Circuit Court of Appeals today re-instated the insurance fraud conviction of Christin Didier. Didier was convicted by a federal jury of seven counts of mail fraud and one count of conspiracy to commit mail fraud in Missoula on March 22, 2013, but in October of that year Senior U.S. District Court Judge Donald W. Molloy later acquitted Didier on a defense motion to overturn the verdict. The Circuit Court ruled that the district court had erred in entering the judgment of acquittal for Didier, reversed the order, and remanded the case to the district court for further proceedings.
Didier had not been sentenced when Judge Molloy vacated her conviction
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed. Appearing before U.S. Magistrate Judge Strong in Great Falls on November 20, 2014, and entering pleas of Not Guilty were:
• HARVEY RICHARD BRANDEN, a 37-year-old resident of Kalispell, appeared on charges of conspiracy to possess with intent to distribute methamphetamine. If convicted of the charge contained in the indictment, BRANDEN faces life in prison, $10,000,000 in fines and 5 years supervised release. The investigation is a cooperative effort between the Russell Country Drug Task Force which includes law enforcement officers from the Great Falls Police Department, Cascade County Sheriff’s Office, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, Homeland Security Investigations and the U.S. Border Patrol, as well as the Montana Division of Criminal Investigation, Tri-Agency Task Force and U.S. Internal Revenue Service. PACER Case Reference: 14-96
• THEODORA ANN MORSETTE, a 60-year-old resident of Box Elder, appeared on charges of theft from an Indian tribal government receiving federal funds, theft from an Indian tribal organization and theft from a health care facility. If convicted of the most serious charges contained in the indictment, MORSETTE faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the U.S. Department of Health and Human Services Office of Inspector General. PACER Case Reference: 14-99
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court's calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Judge Ostby in Billings on November 19, 2014, and entering pleas of Not Guilty were:
KELLY STEEN, a 50-year-old resident of Baker, appeared on charges of transportation of hazardous materials without placards and transportation of hazardous materials with improper transportation documents. If convicted of the most serious charge contained in the indictment, STEEN faces 5 years in prison and $250,000 in fines. The case was investigated by the Environmental Protection Agency and the Department of Transportation Office of Inspector General. PACER Case Reference: 14-111
Appearing before U.S. Magistrate Judge Ostby in Billings on November 17, 2014, and entering pleas of Not Guilty were:
THOMAS EDELMAN, a 33-year-old resident of Bridger, appeared on charges of felon in possession of firearm, fugitive in possession of firearms, and possession of stolen firearms. If convicted of the most serious charges contained in the indictment, EDELMAN faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference: 14-104
Appearing before U.S. Magistrate Judge Ostby in Billings on November 14, 2014, and entering pleas of Not Guilty were:
EDWIN CHARLES FALCON, a 54-year-old resident of Poplar, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, and distribution of methamphetamine. If convicted of the most serious charges contained in the indictment, FALCON faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 14-60
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court's calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
District of Montana Collects $14.1 Million in Civil & Criminal Actions in FY 2014Read the Press Release
HELENA - U.S. Attorney Michael W. Cotter announced today that the Montana United States Attorney's Office collected $14.1 million in Fiscal Year (FY) 2014 related to criminal and civil actions and an additional $3.4 million related to criminal and civil forfeiture. In some of these cases, the U.S. Attorney's Office worked in conjunction with litigating components of the U.S. Department of Justice.
The U.S. Attorneys( Offices, along with the department(s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. Generally, these debts are judgments, either civil judgments or criminal judgments entered by the federal court. Criminal judgments consist of fines and restitution. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid directly to the victim, criminal fines and felony assessments are paid to the department(s Crime Victims( Fund, which distributes the funds to state victim compensation and victim assistance programs.
Occasionally, assets from criminals are forfeited by court action. Forfeiture proceeds are often distributed back to local law enforcement to assist them in the protection of Montana communities or to the victims of crime. Forfeited assets include currency or bank accounts, real property and cars purchased with illegal proceeds or used to facilitate crimes, guns held by convicted felons, and computers used for child pornography. Seized property is sold and the money deposited into the government accounts used to restore money lost by crime victims.
Across the country, the United States Attorneys' offices collected $24 billion from criminal and civil actions during FY 2014, which is far more than the $2.91 billion appropriated budget of the combined 93 USAOs offices for fiscal year 2014. The U.S. Attorney's Office in Montana is credited with collecting $2.4 million in relation to criminal actions brought by the office. Approximately $11.7 million was collected related to civil matters, with over $4 million related to healthcare fraud, and $1.3 million in relation to civil environmental violations. In addition $3.4 million was collected in criminal and civil forfeiture cases.
“The efforts of this office to serve the people of Montana will continue. Reduced resources will make it more difficult to maintain the same level of service for law enforcement protection, for public safety or the protection of the public purse. But this office is committed to maintaining the highest ideals of public trust and public service despite those challenges.” --- U.S. Attorney Mike Cotter.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Judge Strong in Great Falls on November 13, 2014, and entering pleas of Not Guilty were:
KYLE YOUNG, a 33-year-old resident of Hays, appeared on charges of strangulation and assault resulting in serious bodily injury. If convicted of the most serious charges contained in the indictment, YOUNG, faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation.. PACER Case Reference: 14-104
Appearing before U.S. Magistrate Judge Ostby in Billings on November 12, 2014, and entering pleas of Not Guilty were:
KRISTOFER MIKAL WRIGHT, a 27-year-old resident of Cody, Wyoming, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, and possession of a firearm in furtherance of a drug crime. If convicted of the most serious charges contained in the indictment, WRIGHT, faces life in prison, $5,000,000 in fines and 5 years supervised release. The case was investigated by the Drug Enforcement Administration. PACER Case Reference: 14-112
Appearing before U.S. Magistrate Judge Ostby in Billings on November 10, 2014, and entering pleas of Not Guilty were:
JUSTIN JAMES SHELTON, a 32-year-old resident of Billings, appeared on charges of failure to register as a sex offender. If convicted of the charge contained in the indictment, SHELTON, faces 10 years in prison, $250,000 in fines and lifetime supervised release. The case was investigated by the United States Marshals Service. PACER Case Reference: 14-110
LAWRENCE WALTER LARSON, a 45-year-old resident of Great Falls, appeared on charges of possession with intent to distribute methamphetamine. If convicted of the most serious charges contained in the indictment, LARSON, faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 14-17
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court's calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Former Chippewa Cree Tribal Chairman Pleads Guilty to Bribery, Embezzlement, and Tax EvasionRead the Press Release
GREAT FALLS - Former Chippewa Cree Tribal Chairman Bruce Sunchild has pleaded guilty today to four felonies involving bribery, embezzlement, and tax evasion, according to the United States Attorney's Office. Sunchild had been charged in three indictments handed down by a federal Grand Jury investigating corruption in Indian Country. Sunchild appeared on Monday, November 10, 2014 before U.S. District Judge Brian Morris in Great Falls to enter the guilty pleas.
Sunchild's sentencing on the four felonies is set for January 29, 2015, in Great Falls.
The case was brought by the federal agents of the Guardians Project and was investigated by the agents of the Offices of Inspector General of the Departments of Interior, Health and Human Services, and Environmental Protection Agency, as well as by the Internal Revenue Service Criminal Investigation Division.
Montana Pharmacist Sentenced for Drug DeathRead the Press Release
BILLINGS - Ben Hunn, a 47-year-old licensed retail pharmacist in Sidney, Montana, was sentenced for the distribution of Vicodin resulting in death. Hunn was sentenced to 48 months in prison followed by 3 years supervised release.
Assistant U.S. Attorney Paulette Stewart told the court that on October 19, 2013, Ben Willard Hunn, a Sidney pharmacist, distributed Vicodin (hydrocodone), Soma, Ambien, and Xanax to a Sidney, Montana resident. Later that night, the victim died of a drug overdose. When Drug Enforcement Agency (DEA) agents interviewed Hunn, he admitted that he diverted hundreds of prescription pills to the victim and the victim's parents over the course of a year, from October 2012 through October 2013.
Hunn admitted that he did not know which prescriptions were legitimate and which were not; he simply printed duplicate labels from another prescription, placed them on the prescription bottles, and dispensed the controlled substances. On the date the victim died, Hunn admitted that he "stocked up the whole family." The investigation showed that on that date, Hunn distributed Vicodin (hydrocodone), Soma, Ambien, and Xanax to the deceased victim. The autopsy report listed the probable cause of death as a mixed drug overdose (carisoprodol and meprobamate). The medical examiner and toxicologists in the case also concluded that the amount of Vicodin (hydrocodone) in the victim's system was toxic/fatal by itself.
The prosecution was part of Project Safe Bakken, a cooperative effort between federal and state prosecutors and federal, state, local, and tribal law enforcement agencies in Montana and North Dakota. The investigation was conducted by the DEA Tactical Diversion Squad, which is comprised of law enforcement from DEA, Montana Division of Criminal Investigation, Billings Police Department; also the Sidney Police Department and the Montana Crime Lab.
Ronan Counselor Pleads Guilty to Fraudulently Submitting Federal ClaimsRead the Press Release
MISSOULA - A Ronan counselor who defrauded Medicaid of over $40,000 has pleaded guilty to federal charges alleging that he submitted fraudulent claims for counseling public school children whom he had never met. Stanley Fleming, a 56-year-old Licensed Clinical Profession Counselor, pleaded guilty to health care fraud. He will be sentenced on February 12, 2015 and faces 10 years imprisonment, $250,000 in fines and 3 years supervised release.
Assistant U.S. Attorney Chad Spraker told the court that for the past 19 years, Fleming has provided services for the Ronan school district, including determining whether children are eligible for an Individual Education Program under the Individuals with Disabilities Education Act. In July 2009, authorities received a complaint that Fleming had billed for services provided to a child who had never seen Fleming. Medicaid investigators conducted a review of Fleming's billings activities. Fleming told investigators that his computer hard drive and personal digital assistant were compromised by a computer virus in March 2008 which, according to Fleming, caused him to lose all records documenting the services he had rendered before that date. Fleming later produced records for some of the claims, consisting of hand-written notes written on index-card-size sheets of paper. Some of the records lacked a patient name and a date of service. Investigators were able to contact and interview 35 patients, 20 of whom denied receiving any services from Fleming.
Besides billing for non-existent sessions, investigators also determined that Fleming had defrauded the program in other ways.
Billing Medicaid for counselling services where program guidelines did not recommend counseling. In many of these cases, the student or his or her guardian also denied the counseling session took place.
Federal claims were also submitted for counselling services during months when school was not in session and no contact would have been made.
Fleming also billed Medicaid for counseling services on the same day and for the same student that the Ronan school district had billed Medicaid thereby double-billing for the same service rendered.
The case was investigated by the Health Care Fraud Investigator for the U.S. Attorney's Office, the Federal Bureau of Investigation and the Montana Department of Health and Human Services, Surveillance and Utilization Review Unit.
PACER Case Reference: 14-37
U.S. Attorney Announces District Elecion OfficerRead the Press Release
United States Attorney Michael W. Cotter announced today that Assistant United States Attorney (AUSA) Victoria Francis will lead the efforts of his Office in connection with the Justice Department(s nationwide Election Day Program for the upcoming November 4, 2014, general elections. AUSA Victoria Francis has been appointed to serve as the District Election Officer (DEO) for the District of Montana and in that capacity is responsible for overseeing the District's handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
United States Attorney Mike Cotter said, (Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process.(
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department(s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 4, 2014, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Michael W. Cotter stated that AUSA/DEO Victoria Francis will be on duty in this District while the polls are open. She can be reached by the public at the following telephone number: 406-247-4633.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at Billings, 406-248-8487, and at Helena, 406-443-3617.
Complaints about ballot access problems or discrimination can be made directly to the Civil Rights Division(s Voting Section in Washington at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to http://www.justice.gov/crt/complaint/votintake/index.php.
United States Attorney Mike Cotter said, (Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.(
Lengthy Prison Terms Imposed in International Child Exploitation CaseRead the Press Release
MISSOULA - In what Montana's United States Attorney has described as a "major victory in the fight against child exploitation", the United States Attorney's Office announced that eleven men have been sentenced for their role in an international child pornography network which was targeted by investigators and prosecutors participating in Operation Kingdom Conqueror. The multi-agency, multi-national effort targeted an online bulletin board advertising and exchanging images of child pornography.
TONY BRONSON, a 53-year-old resident of Gary, Indiana, was sentenced on October 28, 2014 in connection with his April 2014 plea to guilty. Bronson was sentenced to 224 months in prison, 10 years supervised release and $29,859 restitution. In addition, Bronson must forfeit his computers and storage devices.
CHARLES CROSBY, a 43-year-old resident of Trenton, New Jersey, was sentenced on October 23, 2014 in connection with his April 2014 plea to guilty. Crosby was sentenced to 210 months in prison, lifetime supervised release and $29,859 restitution. In addition, Crosby must forfeit his computers and storage devices.
STEVE HUMISTON, a 57-year-old resident of Tacoma, Washington, was sentenced on October 23, 2014 in connection with his April 2014 plea to guilty. Humiston received 210 months in prison, lifetime supervised release, $29,859 restitution and a $5,000 fine. In addition, Humiston must forfeit his computers and storage devices.
JOHN JOHNSON, a 58-year-old resident of Locust Grove, Virginia, was sentenced on October 22, 2014 in connection with his April 2014 plea to guilty. Johnson received 180 months in prison, lifetime supervised release, and $29,859 restitution. In addition, Johnson must forfeit his computer and storage device.
ROBERT KRISE, a 66-year-old resident of Gaithersburg, Maryland, was sentenced on October 22, 2014 in connection with his April 2014 plea to guilty. Krise received 180 months in prison, lifetime supervised release, and $29,859 restitution. In addition, Krise must forfeit his computers and hard drives.
SCOTT LONG, a 53-year-old resident of Portland, Oregon, was sentenced on October 21, 2014 in connection with his April 2014 plea to guilty. Long received 200 months in prison, lifetime supervised release, and $29,859 restitution. In addition, Long must forfeit his computer and storage device.
IAN NOSEK, a 42-year-old resident of Charlottesville, Virginia, was sentenced on October 23, 2014 in connection with his April 2014 plea to guilty. Nosek received 216 months in prison, lifetime supervised release, and $29,859 restitution. In addition, Nosek must forfeit his camera and storage devices.
PHILLIP MORRIS, 42-year-old resident of Jeffersonville, Indiana was sentenced on October 22, 2014 in connection with his April 2014 plea to guilty. Morris received 216 months in prison, lifetime supervised release, and $29,859 restitution. In addition, Morris must forfeit his storage devices and cell phone.
JOSEPH PURIFICATO, a 23-year-old resident of Mount Vernon, Missouri was sentenced on October 28, 2014 in connection with his April 2014 plea to guilty. Purificato received 180 months in prison, 10 years supervised release, and $29,859 restitution. In addition, Purificato must forfeit his computers and thumb drive.
PAUL WENCEWICZ, a 48-year-old resident of Polson, Montana, was sentenced on October 21, 2014 in connection with his March 2014 plea to guilty. Wencewicz received 220 months in prison, lifetime supervise release, and $29,859 restitution. In addition, Wencewicz must forfeit his computer and storage devices.
JEFFREY WOOLLEY, a 53-year-old resident of Nicholasville, Kentucky, was sentenced on October 28, 2014 in connection with his April 2014 plea to guilty. Woolley received 180 months in prison, lifetime supervised release, and $29,859 restitution. In addition, Woolley must forfeit his computer and storage devices.
All defendants appeared before and were sentenced by U.S. District Judge Donald W. Molloy of Missoula.
Two additional defendants, Joshua Peterson, 45, of Prescott, Arizona, and Steven Grovo, 35, of Shirley, Massachusetts, were found guilty of participating in a child exploitation enterprise and a conspiracy to advertise child pornography on October 9, 2014 after a trial. Both men are scheduled to be sentenced on January 22, 2015 in Missoula.
In November 2009, an early participant in the conspiracy designed and created a web-based bulletin board which allowed the board members to share in their common interest in exchanging files online which contained child pornography and non-child pornography images depicting young girls. As the conspiracy progressed, additional members contributed to the design and operations of the board. Between November 6, 2009, through March 19, 2012, members of the conspiracy used the online bulletin board to share pictures and videos of children engaged in sexually explicit conduct. During that same time the participants agreed to use the online bulletin board to publish or print notices or advertisements soliciting additional images of child pornography which they would then share and broadcast on the internet.
The lengthy and wide ranging investigation, referred to as Operation Kingdom Conqueror, is an ongoing cooperative effort between the Federal Bureau of Investigation, Montana Department of Criminal Investigations, the Helena and Polson Police Departments, the United States Department of Justice - Child Exploitation and Obscenity Section, Homeland Security Investigations, the Montana Internet Crimes Against Children Task Force, and the States of Jersey Police Department, Isle of Jersey, near the United Kingdom.
Federal Bureau of Investigation Special Agent in Charge Mary Rook stated, "I commend the U.S. Attorney's Office for the District of Montana, U.S. Department of Justice Child Exploitation & Obscenity Section and each of the law enforcement agencies who worked on this case for their efforts in bringing justice to the victims. These successes are only possible through the commitment of our law enforcement community to working together to protect the most vulnerable, and prosecute to the full extent those who prey upon our children."
U.S. Attorney Mike Cotter called the sentences "a major victory in the fight against child exploitation. Pedophiles who savage our children through pornography, coercion and exploitation are on notice that when they are caught-and they will be caught-the consequences are dire and law enforcement's tolerance for these crimes non-existent".
Assistant U.S. Attorney Cyndee L. Peterson and Maureen C. Cain with the U.S. Department of Justice, Child Exploitation & Obscenity Section, prosecuted the case on behalf of the United States.
This case was initiated under the Department of Justice's Project Safe Childhood initiative which was launched in 2006 to combat the proliferation of technology-facilitated crimes involving the sexual exploitation of children. Through a network of federal, state, and local law enforcement agencies and advocacy organizations, Project Safe Childhood attempts to protect children by investigating and prosecuting offenders involved in child sexual exploitation. It is implemented through partnerships including the Montana Internet Crimes Against Children Task (or the MT ICAC). 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.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Judge Strong in Great Falls on October 28, 2014, and entering pleas of Not Guilty were:
JHANE ALAM, a 38-year-old resident of Bangladesh, appeared on charges of transporting illegal aliens, encouraging and inducing illegal entry, and bringing aliens to the United States. If convicted of the most serious charges contained in the indictment, ALAM, faces 5 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by Homeland Security Investigations. PACER Case Reference: 14-94
JASON NEEL, a 31-year-old resident of California, appeared on charges of witness tampering. If convicted of the charge contained in the indictment, NEEL, faces 20 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 14-100
ANTONIO MATHIAS PETERSON, a 32-year-old resident of Butte, appeared on charges of felon in possession of a firearm. If convicted of the charge contained in the indictment, PETERSON, faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the United States Probation Office.. PACER Case Reference: 14-07
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court's calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Defendants Appear on Drug and Gun Trafficking ChargesRead the Press Release
PACER Case Reference: 14-96
GREAT FALLS - The United States Attorney's Office announced that those persons listed below have been arraigned on an Indictment in "Operation Highline Crystal Highway." If convicted of the most serious charges contained in the Indictment, each defendant faces possible penalties of life in prison, five years supervised release and $10,000,000 in fines. The investigation is a cooperative effort between the Russell Country Drug Task Force which includes law enforcement officers from the Great Falls Police Department, Cascade County Sheriff's Office, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, Homeland Security Investigations and the U.S. Border Patrol, as well as the Montana Division of Criminal Investigation and U.S. Internal Revenue Service.
Terry Leroy Brasda
Age: 45
Hometown: Great Falls
Charge: Conspiracy to Distribute Methamphetamine
Tyler Charles Bright-Goodsell
Age: 30
Hometown: Great Falls
Charge: Conspiracy to distribute methamphetamine, possession with intent to distribute methamphetamine, possessing a firearm in furtherance of a drug trafficking crime; and possession of a stolen firearm.
Samuel Cale Chapman
Age: 33
Hometown: Havre
Charge: Conspiracy to distribute methamphetamine and conspiracy to commit money laundering.
John Edward Derry
Age: 35
Hometown: Havre
Charge: Conspiracy to distribute methamphetamine, conspiracy to possess firearms in furtherance of drug trafficking crimes, and conspiracy to commit money laundering.
William Thomas Dixon
Age: 25
Hometown: Great Falls
Charge: Conspiracy to distribute methamphetamine and distribution of methamphetamine.
Lawrence George Griner, Jr.
Age: 43
Hometown: Butte
Charge: Conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine.
Jeffrey Edward June
Age: 45
Hometown: Augusta
Charge: Conspiracy to distribute methamphetamine, possession with intent to distribute methamphetamine, conspiracy to possess firearms in furtherance of drug trafficking crimes, and possession of a firearm in furtherance of a drug trafficking crime.
Corey James Lampert
Age: 25
Hometown: Great Falls
Charge: Conspiracy to distribute methamphetamine, possession with intent to distribute methamphetamine, distribution of methamphetamine, conspiracy to possess firearms in furtherance of drug trafficking crimes, possession of a firearm in furtherance of a drug trafficking crime, and conspiracy to commit money laundering.
Martin Edward Leland
Age: 32
Hometown: Belt
Charge: Conspiracy to distribute methamphetamine, possession with intent to distribute methamphetamine, distribution of methamphetamine, conspiracy to possess firearms in furtherance of drug trafficking crimes, possession of a firearm in furtherance of a drug trafficking crime, and conspiracy to commit money laundering.
Jessica Margaret McKinlay aka Jessica Bright
Age: 26
Hometown: Great Falls
Charge: Conspiracy to distribute methamphetamine
Eduardo Ocegueda-Ruiz
Age: 30
Hometown: Los Angeles, California
Charge: Conspiracy to distribute methamphetamine, possession with intent to distribute methamphetamine, conspiracy to possess firearms in furtherance of drug trafficking crimes, possession of a firearm in furtherance of a drug trafficking crime, felon in possession of a firearm, illegal alien in possession of a firearm, and illegal re-entry of a deported alien.
Joshua Alberto Rodriguez
Age: 28
Hometown: Los Angeles, California
Charge: Conspiracy to distribute methamphetamine, possession with intent to distribute methamphetamine, conspiracy to possess firearms in furtherance of drug trafficking crimes, possession of a firearm in furtherance of a drug trafficking crime, and conspiracy to commit money laundering.
Megan Lynn Runstrom
Age: 31
Hometown: Great Falls
Charge: Conspiracy to distribute methamphetamine
Justin Roland Turner
Age: 32
Hometown: Havre
Charge: Conspiracy to distribute methamphetamine, conspiracy to possess firearms in furtherance of drug trafficking crimes, and conspiracy to commit money laundering.
Katie Leann Wagner
Age: 27
Hometown: Great Falls
Charge: Conspiracy to distribute methamphetamine
Michelle Renee Yallup
Age: 30
Hometown: Great Falls
Charge: Conspiracy to distribute methamphetamine, possession with intent to distribute methamphetamine, distribution of methamphetamine, conspiracy to possess firearms in furtherance of drug trafficking crimes, possession of a firearm in furtherance of a drug trafficking crime, and conspiracy to commit money laundering.
Sarah Jane Young
Age: 35
Hometown: Great Falls
Charge: Conspiracy to distribute methamphetamine and conspiracy to possess firearms in furtherance of drug trafficking crimes.
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html.
To access the district court's calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Former Oklahoma State University Professor Sentenced to Five Years in PrisonRead the Press Release
GREAT FALLS: The United States Attorney's Office today announced that Gary Joseph Conti, 68, of Three Forks, a former Oklahoma State University professor who was part of a multi-million dollar tribal corruption and fraud case on the Blackfeet Indian Reservation, was sentenced to five years in federal prison, $1.7 million in restitution, and three years on supervised release by U.S. District Brian Morris of Great Falls. He was also sentenced to three years of supervised release and $2700 in special assessments.
Conti was convicted of bankruptcy fraud by a federal jury in March and of 26 other felony crimes by a second federal jury in May. Conti was convicted of assisting Blackfeet Tribal officials Frances Onstad and Delyle "Shanny" Augare, and others, obtain millions of dollars in federal monies for a program for troubled and at risk Blackfeet youth called the Po'Ka Project. The federal money was provided based on fraudulent claims as to matching or "in-kind" contributions of third parties which made it appear that the project was becoming self-sufficient. Once the federal money was provided to the Po'Ka program, Onstad and Augare paid Conti $475,000 over a three year period-from August 2008 to August 2011-of which Conti kicked-back $225,000 through a children's charity bank account over which Augare and Onstad had control. Conti was a professor at Oklahoma State University - Tulsa Campus until May of 2011. An audit by the Department of Health and Human Services' Office of Inspector General found the projected loss due to fraud and mismanagement at $4.6 million out of the $9 million provided to the Po'Ka Project from 2005 to 2011.
Conti was allowed to voluntarily surrender to prison when a facility is designated.
The investigation was conducted by the Federal Bureau of Investigation, the Internal Revenue Service, and the Office of Inspector General for the Department of Health and Human Services.
@USAO_MT
Former Rocky Boy Health Clinic Ceo Sentenced to One Year in PrisonRead the Press Release
GREAT FALLS - The United States Attorney's Office today announced that Fawn Patricia Ann Tadios, 52, of Box Elder, the former Chief Executive Officer of the Rocky Boy Health Board Clinic, was sentenced to one year and one day in prison, $15,000 in restitution, and two years on supervised release by U.S. District Brian Morris of Great Falls.
Tadios was convicted by a federal jury in June of using tribal travel funds from the health clinic to visit her husband, former Chippewa Cree Tribal Chairman Raymond "Jake" Parker, in federal prison in Yankton, South Dakota. Parker was incarcerated at the federal facility in Yankton from December 2011 through November 2012 following his conviction for theft from the Chippewa Cree Tribe using a tribal credit card for personal purchases and cash advances.
Tadios was allowed to voluntarily surrender to prison when a facility is designated.
Washington Woman Sentenced for Conspiring to Pass Counterfeit Money OrdersRead the Press Release
HELENA - Kelly Lorraine Watts, a 46-year old resident of Renton, Washington, was sentenced today for conspiracy to utter and possess forged securities with intent to deceive an organization. Watts was sentenced after pleading guilty on May 20, 2014. Watts was sentenced 18 months in prison 3 years supervised release. She was also ordered to pay $30,360 in restitution.
In an Offer of Proof filed by Assistant U.S. Attorney Chad Spraker, the government told the court that in August 2013, James Hernandez and Kelly Watts were arrested in Butte after Hernandez was caught attempting to pass a counterfeit money order. Law enforcement questioned Hernandez and Watts leading to the discovery that they had been passing counterfeit money orders to obtain goods and services in Washington, Oregon, Idaho, and Montana from December 2012 until they were arrested.
Law Enforcement officers searched Hernandez's truck and discovered a number of contraband including 70 money grams in envelopes with a woman's handwriting on the outside; several cashed money grams; a ledger in a woman's handwriting listing the names of casinos and stores; computer software, paper, and cutting material commonly used to manufacture counterfeit money orders; and five Washington driver's licenses with Hernandez's picture, each with a different name.
A search of Watts' purse revealed loadable debit cards. During the investigation, Watts stated that she kept a ledger of locations where she and Hernandez cashed money orders and the orders' amounts. Several stores identified in receipts were contacted by law enforcement. It was discovered that fraudulent money orders had been used to purchase goods and services throughout Montana.
In addition, the investigation revealed that Hernandez had been manufacturing fraudulent money orders from November 2012 until their arrest in August 2013. Watts and Hernandez traveled to Hillsboro, Pendleton and Ontario, Oregon, Vancouver, Washington, and Kalispell while cashing money orders at various stores and casinos. After purchasing merchandise using the fraudulent money orders, Watts and Hernandez would wait a period of time before returning the items for cash.
The investigation was conducted by Homeland Security Investigations and the United States Secret Service.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Judge Ostby in Billings on October 10, 2014, and entering pleas of Not Guilty were:
ZECHARIAH JOE WHITE, a 20-year-old resident of Lodge Grass, appeared on charges of assault on a federal officer. If convicted of the charge contained in the indictment, WHITE, faces 20 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 14-97
Appearing before U.S. Magistrate Judge Lynch in Missoula on October 10, 2014, and entering pleas of Not Guilty were:
BRUCE ANTHONY GLASS, a 37-year-old resident of Stevensville, appeared on charges of conspiracy to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime. . If convicted of the most serious charge contained in the indictment, GLASS, faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Missoula HIDTA. PACER Case Reference: 14-43
Appearing before U.S. Magistrate Judge Lynch in Missoula on October 9, 2014, and entering pleas of Not Guilty were:
ROBERT LEWIS WHITE, a 51-year-old resident of Butte, appeared on charges of distribution of child pornography and receipt of child pornography. If convicted of the most serious charges contained in the indictment, WHITE, faces 20 years in prison, $250,000 in fines and lifetime supervised release. The case was investigated by the Internet Crimes Against Children Task Force, the Federal Bureau of Investigation and the Montana Division of Criminal Investigations.. PACER Case Reference: 14-20
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court's calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Year Old Hysham Meth Distributor Gets Five Years Without ParoleRead the Press Release
BILLINGS -- The United States Attorney's Office announced that Thomas Edward VanHaele, a 73 year-old resident of Hysham, Montana, was sentenced to 60 months in federal prison during a sentencing hearing in Billings, on October 9, 2014, before U.S. District Judge Susan P. Watters. VanHaele was also given five years of supervision once he is released from custody. VanHaele had earlier pleaded guilty to two counts of distributing methamphetamine.
The Drug Enforcement Administration (DEA) in Billings, Montana had been investigating Thomas Van Haele for the distribution of methamphetamine in the Billings area since May of 2012. On June 13, 2012, an undercover agent purchased methamphetamine from Van Haele in the Lee's Saloon parking lot in Billings. The methamphetamine was sent to the DEA Laboratory for testing, and the results indicate that the amount was 9.5 grams of pure methamphetamine. On June 15, 2012, a second undercover purchase was made from VanHaele at the same location. This methamphetamine was sent to the DEA Laboratory for testing, and the results indicate that the amount was 11.3 grams of pure methamphetamine.
The term pure methamphetamine refers to the purity contained in the transacted amount which is usually "cut" with inert ingredients that make the actual product less pure but more profitable as drugs are generally sold based on quantity not quality.
Parole has been abolished in the federal system so VanHaele will be required to serve the entire sentence although federal prisoners are given some days off their sentence for complying with prison rules and not committing any infractions or causing disruption inside the prison.
Jury Finds Men Guilty of Child Exploitation EnterpriseRead the Press Release
MISSOULA - On October 9, 2014 two men were found guilty of participating in a child exploitation enterprise and a conspiracy to advertise child pornography. Joshua Peterson, 45, of Prescott, Arizona, and Steven Grovo, 35, of Shirley, Massachusetts, were accused by a federal grand jury in Montana of promoting the sexual exploitation of children using an international online bulletin board where members advertised, distributed, viewed and received images depicting child pornography. Both men are being detained pending their January 22, 2015 sentencing in Missoula.
The government presented evidence that In November 2009, an early participant in the conspiracy designed and created an online bulletin board which allowed the board members to share in their common interest in exchanging files on line which contained child pornography and non-child pornography images. As the conspiracy progressed, additional members contributed to the design and operations of the board. Between November 6, 2009, through March 19, 2012, Peterson and Grovo and the others used the online bulletin board to share pictures and videos of children engaged in sexually explicit conduct. During that same time the participants agreed to use the online bulletin board to publish or print notices or advertisements soliciting additional images of child pornography which they would then share and broadcast on the internet.
The lengthy and wide ranging investigation, referred to as Operation Kingdom Conqueror, is an ongoing cooperative effort between the Federal Bureau of Investigation, Montana Department of Criminal Investigations, the Helena and Polson Police Departments, the United States Department of Justice - Child Exploitation and Obscenity Section, Homeland Security Investigations, the Montana Internet Crimes Against Children Task Force, and the States of Jersey Police Department, Isle of Jersey, near the UK.
The internet exchange of child pornography creates a market for the victimization of children. That market destroys lives and robs children of their innocence. It is a grotesque crime that must be dealt with in a manner that fully reflects the tragedy it causes its victims. This prosecution is a product of diligent work by the very dedicated, skilled and highly trained agents of Operation Kingdom Conqueror. As the work of this team of professionals-from the Federal Bureau of Investigation, State of Montana DCI, the Child Exploitation and Obscenity Section, Homeland Security, Polson Police Department and the Helena Police Department-continues, there will be more cases and more defendants indicted from all across the United States. These agents, and this office, will never relax our commitment to the protection of children." United States Attorney for the District of Montana, Michael W. Cotter.
Assistant U.S. Attorney Cyndee L. Peterson and Maureen C. Cain with the U.S. Department of Justice, Child Exploitation & Obscenity Section, prosecuted Peterson and Grovo on behalf of the United States.
This case was initiated under the Department of Justice's Project Safe Childhood initiative which was launched in 2006 to combat the proliferation of technology-facilitated crimes involving the sexual exploitation of children. Through a network of federal, state, and local law enforcement agencies and advocacy organizations, Project Safe Childhood attempts to protect children by investigating and prosecuting offenders involved in child sexual exploitation. It is implemented through partnerships including the Montana Internet Crimes Against Children Task (or the MT ICAC). 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.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Judge Ostby in Billings on October 9, 2014, and entering pleas of Not Guilty were:
ADRIAN RALPH KRELL, a 43-year-old resident of Billings, appeared on charges of drug user in possession of a firearm; possession with intent to distribute methamphetamine, and possession of firearm in furtherance of a drug trafficking crime. If convicted of the most serious charges contained in the indictment, KRELL, faces 20 years in prison, $1,000,000 in fines and 5 years supervised release. The case was investigated by Homeland Security Investigations and the Drug Enforcement Administration. PACER Case Reference: 13-96
CHRISTOPHER RALPH MARQUIS, a 67-year-old resident of St. George, Utah, appeared on charges of possession of child pornography. If convicted of the charge contained in the indictment, MARQUIS, faces 20 years in prison, $250,000 in fines and lifetime supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 14-98
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court's calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Judge Ostby in Billings on October 7, 2014, and entering pleas of Not Guilty were:
JEDIA JAMES BARSNESS, a 23-year-old resident of Billings, appeared on charges of aiding and abetting in false statement during a firearms transaction. If convicted of the charge contained in the indictment, BARSNESS faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference: 14-92
Appearing before U.S. Magistrate Judge Strong in Great Falls on October 7, 2014, and entering pleas of Not Guilty were:
RAED AROOK, a 38-year-old resident of Israel, appeared on charges of illegal re-entry. If convicted of the charge contained in the indictment, AROOK faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the U.S. Border Patrol. PACER Case Reference: 14-91
RONALD JOSEPH FOURHORNS, a 31-year-old resident of Browning, appeared on charges of bank robbery, theft, conspiracy to tamper with a witness by intimidation, threats, and corrupt persuasion, and tampering with a witness by intimidation, threats, and corrupt persuasion. If convicted of the most serious charges contained in the indictment, FOURHORNS faces 20 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 14-52
RAYMOND EUGENE RUSSETTE, a 38-year-old resident of Wolf Point, appeared on charges of conspiracy to possess with intent of distribute methamphetamine, possession with intent to distribute methamphetamine, and distribution of methamphetamine. If convicted of the most serious charges contained in the indictment, RUSSETTE faces 40 years in prison, $5,000,000 in fines and 4 years supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference: 14-93
Appearing before U.S. Magistrate Judge Strong in Great Falls on October 6, 2014, and entering pleas of Not Guilty were:
JOE LONG KNIFE, a 38-year-old resident of Hayes, appeared on charges of kidnapping, aggravated sexual abuse, assault with a dangerous weapon, assault resulting in serious bodily injury, and strangulation. If convicted of the most serious charges contained in the indictment, LONG KNIFE faces life in prison, $250,000 in fines and 5 years supervised release. The case was investigated by Federal Bureau of Investigation. PACER Case Reference: 14-92
Appearing before U.S. Magistrate Judge Ostby in Billings on October 2, 2014, and entering pleas of Not Guilty were:
DAVID LEE GOFFENA, a 46-year-old resident of Roundup, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, distribution of methamphetamine, and conspiracy to money launder. If convicted of the most serious charges contained in the indictment, GOFFENA faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by Federal Bureau of Investigation, Eastern Montana HIDTA and Montana Division of Criminal Investigations. PACER Case Reference: 14-38
KIRSTA ELAINE GOFFENA, a 38-year-old resident of Roundup, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, distribution of methamphetamine, and conspiracy to money launder. If convicted of the most serious charges contained in the indictment, GOFFENA faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by Federal Bureau of Investigation, Eastern Montana HIDTA and Montana Division of Criminal Investigations. PACER Case Reference: 14-38
Appearing before U.S. Magistrate Judge Lynch in Missoula on October 2, 2014, and entering pleas of Not Guilty were:
JARED THOMAS ATCHLEY, a 24-year-old resident of Helena, appeared on charges of possession of an unregistered firearm. If convicted of the charge contained in the indictment, ATCHLEY faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives and the Montana Highway Patrol. PACER Case Reference: 14-06
Appearing before U.S. Magistrate Judge Ostby in Billings on September 30, 2014, and entering pleas of Not Guilty were:
DAVID DELCARMEN, a 32-year-old resident of Los Angeles, California, appeared on charges of conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute methamphetamine. If convicted of the most serious charges contained in the indictment, DELCARMEN faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by Federal Bureau of Investigation, Eastern Montana HIDTA and Montana Division of Criminal Investigations. PACER Case Reference: 14-38
HEATHERLYN KYRIE FORE, a 26-year-old resident of Taft, California, appeared on charges of conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute methamphetamine. If convicted of the most serious charges contained in the indictment, FORE faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by Federal Bureau of Investigation, Eastern Montana HIDTA and Montana Division of Criminal Investigations. PACER Case Reference: 14-38
CATHRINE SUE NEEL, a 50-year-old resident of Taft, California, appeared on charges of conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute methamphetamine. If convicted of the most serious charges contained in the indictment, NEEL faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by Federal Bureau of Investigation, Eastern Montana HIDTA and Montana Division of Criminal Investigations. PACER Case Reference: 14-38
Appearing before U.S. District Judge Watters in Billings on September 30, 2014, and entering pleas of Not Guilty were:
DAVID LEE BARNARD, JR, a 43-year-old resident of Billings, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, distribution of methamphetamine, possession of a firearm in furtherance of a drug trafficking crime, and conspiracy to commit money laundering. If convicted of the most serious charges contained in the indictment, BARNARD faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by Federal Bureau of Investigation, Eastern Montana HIDTA and Montana Division of Criminal Investigations. PACER Case Reference: 14-38
EUGENE VERNON LAROCHE, a 48-year-old resident of Fairview, appeared on charges of use of a communication device to facilitate a felony drug trafficking offense. If convicted of the charge contained in the indictment, LAROCHE faces 4 years in prison, $250,000 in fines and 1 year supervised release. The case was investigated by the Drug Enforcement Administration, Montana Division of Criminal Investigations, Sidney Police Department, Richland County Sheriff's Office, Federal Bureau of Investigation, U.S. Border Patrol, Montana Highway Patrol and Sweetgrass County Sheriff's Office. PACER Case Reference: 14-43
Appearing before U.S. Magistrate Judge Lynch in Missoula on September 30, 2014, and entering pleas of Not Guilty were:
ALLEN J. RANKIN, a 41-year-old resident of St. Ignatius, appeared on charges of wire fraud, aggravated identity theft and mail theft. If convicted of the most serious charges contained in the indictment, RANKIN faces 20 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the U.S. Postal Service, Missoula Police Department, Missoula County Sheriff's Office, Billings Police Department, Laurel Police Department and Lake County Sheriff's Office. PACER Case Reference: 14-33
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court's calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Bozeman School District Receives over 3 Million in Federal Funds for Childhood Trauma and Mental Health ProgramRead the Press Release
HELENA - The Office of Justice Programs' National Institute of Justice (NIJ) today announced it has awarded nearly $63 million to school districts and research organizations across the country through the Comprehensive School Safety Initiative (CSSI). Bozeman School District #7 received $3.3 million for its program called SAFE-TI, which involves individual mental assessments for students, who are then engaged in intervention programs tailored to their specific mental health needs. CSSI is a large-scale, multi-agency research effort to build knowledge about effective approaches to increasing school safety nationwide.
The Bozeman program will examine the impact of large, multi-tiered mental health- and trauma-informed interventions on a wide variety of mental health and school safety outcomes. The program tiers students based on their mental health needs, following individual assessments. Students will be randomly assigned at intake to either an immediate intervention group or a three-month waitlist control group. Interventions will be implemented across 11 schools in a largely rural area with a large population of Native America students. Researchers from the University of Montana will provide evidence of the effectiveness of these interventions on school safety.
Although NIJ has primary responsibility for CSSI, the program is a collaborative effort among more than 20 federal partners, including the Departments of Justice, Education, Health and Human Services, Homeland Security, and the Treasury. This partnership will allow the federal government to make a significant impact on school safety by investing limited funds in research that has practical applications for every school in the nation. By determining what interventions work best for specific schools and students, CSSI will provide professionals with a body of knowledge to help them make decisions about which programs will be most effective - and most cost effective - for their particular schools and their challenges.
President Obama's January 2013 plan to end gun violence emphasized keeping guns out of potentially dangerous hands and recognized that additional actions are needed to make our schools safer. CSSI was launched in early 2014 in response to a Congressional request for a broad, research-based effort to increase safety in the nation's schools.
The initiative has three primary goals: to collect national-level data; to convene stakeholders to identify and share best practices; and to conduct innovative research and evaluate pilot projects in school districts. The programs and policies within CSSI are designed to produce evidence about what works in such areas of school safety as effectiveness of school resource officers and mental health professionals, violence and bullying reduction, and effectiveness of such restorative justice interventions as youth courts. The initiative will also examine potential unintended consequences of school safety efforts, including the excessive use of exclusionary discipline and arrests of students.
A list of the awards and more information about CSSI are available atError! Hyperlink reference not valid. www.nij.gov, keywords: "School Safety."
Information: Federal Court Initial AppearancesRead the Press Release
The United States Attorney's Office today announced that during a federal court session in Great Falls, Montana on September 29, 2014, before U.S. Magistrate Judge Strong, the following individuals appeared:
LAWRENCE GEORGE GRINER, a 43-year-old resident of Butte, made an initial appearance on a complaint alleging conspiracy to possess with intent to distribute methamphetamine. He is currently detained. If formally charged with this offense by indictment, GRINER, faces life in prison, $10,000,000 in fines and 5 years supervised release.. Assistant U.S. Attorney Jessica A. Betley is the prosecutor for the United States. The investigation is being conducted by the Russell Country Drug Task Force. PACER Case Reference: 14-71
JEFFREY EDWARD JUNE, a 45-year-old resident of Augusta, made an initial appearance on a complaint alleging conspiracy to possess with intent to distribute methamphetamine. He is currently detained. If formally charged with this offense by indictment, JUNE, faces life in prison, $10,000,000 in fines and 5 years supervised release.. Assistant U.S. Attorney Jessica A. Betley is the prosecutor for the United States. The investigation is being conducted by the Russell Country Drug Task Force. PACER Case Reference: 14-71
MARTIN EDWARD LELAND, a 32-year-old resident of Belt, made an initial appearance on a complaint alleging conspiracy to possess with intent to distribute methamphetamine. He is currently detained. If formally charged with this offense by indictment, LELAND, faces life in prison, $10,000,000 in fines and 5 years supervised release.. Assistant U.S. Attorney Jessica A. Betley is the prosecutor for the United States. The investigation is being conducted by the Russell Country Drug Task Force. PACER Case Reference: 14-71
EDUARDO OCEQUEDA-RUIZ, a 30-year-old resident of Los Angeles, California, made an initial appearance on a complaint alleging conspiracy to possess with intent to distribute methamphetamine. He is currently detained. If formally charged with this offense by indictment, OCEQUEDA-RUIZ, faces life in prison, $10,000,000 in fines and 5 years supervised release.. Assistant U.S. Attorney Jessica A. Betley is the prosecutor for the United States. The investigation is being conducted by the Russell Country Drug Task Force. PACER Case Reference: 14-71
JOSHUA ALBERTO RODRIGUEZ, a 25-year-old resident of Los Angeles, California, made an initial appearance on a complaint alleging conspiracy to possess with intent to distribute methamphetamine. He is currently detained. If formally charged with this offense by indictment, RODRIGUEZ, faces life in prison, $10,000,000 in fines and 5 years supervised release.. Assistant U.S. Attorney Jessica A. Betley is the prosecutor for the United States. The investigation is being conducted by the Russell Country Drug Task Force. PACER Case Reference: 14-71
A complaint is merely a written statement of the essential facts constituting the offense(s) charged. It is not proof of guilt and all persons indicted are presumed to be innocent of any crime until proof of guilt is established by trial or guilty plea.
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html.
To access the district court's calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
California Man Convicted of ConcealingRead the Press Release
THUNDERBIRD IN MONTANA BANKRUPTCY CASE
MISSOULA - Following a two-day trial for concealing a 1957 Thunderbird and another vehicle from a bankruptcy trustee, Timothy James Pulliam, 65, of La Mesa, California, was convicted by a Montana jury of concealing property and making false statements under oath related to his bankruptcy proceeding. U.S. District Judge Donald Molloy presided over the trial. Pulliam now faces a maximum five years in prison on each count, a $250,000 fine, and up to three years of supervised release.
Evidence presented at trial by Assistant United States Attorney Chad Spraker showed that Pulliam and his wife filed for bankruptcy in April 2010. Pulliam planned to sell the 1957 Thunderbird in order to fund a Chapter 11 bankruptcy. He also listed the Thunderbird in his bankruptcy schedules, which are a listing of a debtor's assets at the time of filing for bankruptcy. At the beginning of the bankruptcy, Pulliam stated it was his plan to sell the car to raise enough money to finish a house he was building in Corvallis, Montana. Pulliam's bankruptcy schedules listed car's value at $80,000 and the trailer at $10,000.
In October 2010, a Chapter 7 Bankruptcy Trustee traveled to Pulliam's Corvallis residence and saw the Thunderbird parked in a garage connected to the guesthouse. Sometime between October 4th and October 9th, 2010, the Thunderbird and trailer disappeared. Pulliam stated that he had no idea what happened to the Thunderbird. In later proceedings, Pulliam changed his story and claimed he had given the car to his son in 2005. Pulliam then falsely testified under oath that he thought his son took the car and trailer, but he did not know that for certain.
Pulliam later admitted that he had lied under oath and stated that he had called his son and told him to come get the car. Evidence presented at trial showed that in fact Pulliam hid the car shortly after the Chapter 7 Trustee visited Pulliam's residence. Pulliam's sentencing is set for January 23, 2014, in Missoula, Montana.
The case was investigated by the Federal Bureau of Investigations and the Internal Revenue Service, Criminal Investigation.
Pimentel-Lopez Gets 20 Years for Trafficking Ten Pounds of Meth in ButteRead the Press Release
Butte - Jesus Pimentel-Lopez, of Aguililla, Mexico, was sentenced to 240 months in prison today in United States District Court in Butte on conspiracy charges relating to the possession and distribution of methamphetamine. Pimentel-Lopez had previous been found guilty of conspiracy to possess with the intent to distribute methamphetamine and possession with the intent to distribute methamphetamine, following a two-day jury trial on June 4, 2014 in Butte. Pimentel-Lopez was sentenced by the Honorable Sam E. Haddon who also presided over the trial.
Pimentel-Lopez was engaged in the methamphetamine conspiracy from July 2012 through February 2013. During the course of the conspiracy, Pimentel-Lopez brought methamphetamine to Montana from Idaho and elsewhere for distribution in Butte. Pimentel-Lopez was found responsible for the possession and distribution of 10 pounds of methamphetamine over the course of the conspiracy.
Jesus Elizondo, one of Pimentel-Lopez's co-conspirators in this case was previously sentenced to 120 months in prison. Timothy Gardiner, another co-conspirator, was sentenced to 84 months in prison. Jeffrey Lackman was sentenced to 98 months for his role in the conspiracy while Elizabeth Gardiner was sentenced to 48 months.
The case was investigated by the Department of Homeland Security, the Butte-Silver Bow Law Enforcement Department and the Federal Bureau of Investigation.
North Dakota Man Gets 30 Years for Traficking over 30 Pounds of Meth in Bakken AreaRead the Press Release
Butte-A 48-year-old Minot, North Dakota man who trafficked over 34 pounds in and around Montana was sentenced to 30 years in federal prison. United States District Court Sam Haddon sentenced Lloyd Nickle to 360 months in prison, followed by a term of 5 years supervised release. A federal jury made up of Montana citizens found Nickle guilty on June 11, 2014, following a trial in Butte. He was convicted of conspiracy to possess with the intent to distribute methamphetamine and possession with the intent to distribute methamphetamine.
Nickle's 30-year sentence sends a clear message to all those engaging in criminal enterprise in and around the Bakken," said Montana U.S. Attorney Mike Cotter. "If you push poison in Montana, you will pay the price. Meth traffickers are in the despicable business of destroying individuals, families, and placing Montana's public in danger. The Department of Justice and the U.S. Attorney's Office are committed to the relentless fight against drug distribution in Big Sky Country."
The FBI recognizes the positive impact of coordinated law enforcement efforts pertaining to drug trafficking in multi-jurisdictional areas," said Mary Rook, FBI Special Agent in Charge of the Salt Lake City Division. "This case illustrates incredible results based on the cooperation of all of the involved agencies."
Nickle was engaged in the methamphetamine conspiracy from June 2012 until January 2014. During the course of the conspiracy, Nickle purchased large amounts of methamphetamine from sources in California for distribution in Montana and North Dakota. Nickle, who is from Minot, North Dakota, would send partial payments for the methamphetamine by Federal Express to the sources and then make arrangements to meet the sources in various locations to complete the transactions. These meetings occurred in Butte, Dillon, Elko, Nevada, Caldwell, Idaho and Sacramento, California. Nickle and his fellow conspirators would then transport the methamphetamine to Butte, Billings, and other locations in Montana and North Dakota for distribution. Nickle was found responsible for the possession and distribution of at least 34 pounds of methamphetamine over the course of the conspiracy.
Von Rackham, one of Nickle's co-conspirators was previously sentenced to 135 months imprisonment. Margaret Silvia, another co-conspirator, was sentenced to 100 months, and Leonard Ewalt was sentenced to 138 months. Nickle was acquitted by the jury of a gun charge.
The prosecution was part of Project Safe Bakken, a cooperative effort between federal and state prosecutors and federal, state, local, and tribal law enforcement agencies in Montana and North Dakota. The case was investigated by the Federal Bureau of Investigation, Montana Division of Criminal Investigations and the Butte-Silver Bow Law Enforcement Department.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Judge Strong in Great Falls on September 29, 2014, and entering pleas of Not Guilty were:
WILLIAM JAMES BALL, a 46-year-old resident of Harlem, appeared on charges of aggravated sexual abuse and strangulation. If convicted of the most serious charges contained in the indictment, BALL faces life in prison, $250,000 in fines and lifetime supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 14-81
ROBERT ALLEN SMITH, a 59-yeard-old resident of Great Falls, appeared on charges of receipt of child pornography and possession of child pornography. If convicted of the most serious charge contained in the indictment, SMITH faces 20 years in prison, $250,000 in fines and lifetime years supervised release. The case was investigated by the Great Falls Police Department. PACER Case Reference: 14-70
Appearing before U.S. Magistrate Judge Ostby in Billings on September 25, 2014, and entering pleas of Not Guilty were:
DUSTIN JAMES MASSEY, a 29-year-old resident of Billings, appeared on charges of conspiracy to possess with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, MASSEY faces 20 years in prison, $1,000,000 in fines and 3 years supervised release. The case was investigated by Federal Bureau of Investigation. PACER Case Reference: 14-96
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court's calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl..
Browning Man Is Convicted After Federal Strangulation Jury TrialRead the Press Release
GREAT FALLS-The Montana United States Attorney's Office announces that the first federal felony strangulation jury conviction has occurred in Great Falls, Montana. A jury of Montana citizens convicted Jordan James Lamott on September 16, 2014, of strangling his girlfriend three times, after which she passed out. Under the new strangulation statute, Lamott faces up to ten years in prison, a $250,000 fine, and three years of supervised release. This is the first trial conviction in Montana under a new federal statute criminalizing strangulation on Indian Reservations of federally-recognized tribes. It is also one of the first such cases in the country.
This conviction represents a significant step forward in ensuring the safety and well-being of women and families on Montana's reservations," said Mike Cotter. "This violence can have lethal consequences, and we are proud to be among the first districts to ensure this statute is vigorously enforced." Victims of one episode of strangulation are six times more likely to be a victim of attempted homicide by the same partner. These same victims are seven times more likely to actually die at the hands of their loved ones. A recent Center for Disease Control and Prevention survey found that 46% of Native American women have experienced rape, physical violence, or stalking by an intimate partner in their lifetime.
Lamott is one of several Montana defendants recently charged with felony strangulation under the new statute. Lamott was indicted in July 2014 by a Montana federal grand jury. At trial, Assistant U.S. Attorney Ryan G. Weldon presented evidence that Lamott's girlfriend wore a skirt to impress him. Lamott became angry and strangled his girlfriend three times. The final time, she lost consciousness. In the morning, Lamott requested that his girlfriend have sex with him, and when she refused, he kicked her out of the house. At the hospital a few hours later, Lamott's girlfriend explained that she had been strangled. Medical professionals testified that the bruising around her neck was consistent with strangulation.
The United States Attorney's Office in Montana has joined forces with other law enforcement and social services agencies to conduct trainings on Montana's reservations regarding how to investigate these offenses and care for victims of these potentially-lethal felony offenses. On March 7, 2013, President Obama signed into law the reauthorization of the Violence Against Women Act (VAWA). This law contains provisions that significantly improve the safety of Native women and allow federal and tribal law enforcement agencies to hold more perpetrators of domestic violence accountable for their crimes. The strangulation statute and VAWA offers the U.S. Attorney's Office a critical weapon to ensure that domestic violence is dealt with swiftly before it becomes lethal.
The tribal provisions in VAWA address three significant legal gaps by: (1) recognizing certain tribes' power to exercise concurrent criminal jurisdiction over domestic violence cases, regardless of whether the defendant is Indian or non-Indian; (2) clarifying that tribal courts have full civil jurisdiction to enforce protection orders involving any person, Indian or non-Indian; and (3) creating new federal statutes to address crimes of violence, such as strangulation, committed against a spouse or intimate partner and providing more robust federal sentences for certain acts of domestic violence in Indian country.
The investigation of Lamott was conducted by the Bureau of Indian Affairs. Lamott's sentencing is December 18, 2014, at 2:30 p.m., at the Missouri River Courthouse in Great Falls, Montana.
Remarks by Attorney General Eric Holder Announcing His Plans to Depart Justice DepartmentRead the Press Release
I come to this moment with very mixed emotions. Proud of what the men and women of the Department of Justice have accomplished over the last six years and, at the same time, very sad that I will not be a formal part of the great things that this department and this President will accomplish over the next two.
I want to thank you, Mr. President, for the opportunity you gave me to serve and for giving me the greatest honor of my professional life. We have been great colleagues, but the bonds between us are much deeper than that. In good times and bad, in things personal and professional, you have been there for me. I am proud to call you my friend. I am also grateful for the support you have given me and the department as we have made real the visions that you and I have always shared. I often think of those early talks between us and our belief that we might help to craft a more perfect Union. Work remains to be done – but our list of accomplishments is real. Over the last six years, our Administration has made historic gains in realizing the principles of the founding documents, and fought to protect the most sacred of American rights: the right to vote. We have begun to realize the promise of equality for our LGBT brothers and sisters and their families. We have begun to significantly reform our criminal justice system and reconnect those who bravely serve in law enforcement with the communities they protect. We have kept faith with our belief in the power of the greatest judicial system the world has ever known to fairly and effectively adjudicate any cases that are brought before it, including those that involve the security of the nation we both love so dearly. We have taken steps to protect the environment and make more fair the rules by which our commercial enterprises operate. And we have held accountable those who would harm the American people either through violent means or the misuse of economic or political power.
I have loved the Department of Justice ever since, as a young boy, I watched Robert Kennedy prove during the Civil Rights Movement how the department can – and must – always be a force for that which is right. I hope that I have done honor to the faith you placed in me, Mr. President, and to the legacy of all those that served before me.
I would also like to thank the Vice President, who I have known for so many years and in whom I have found great wisdom, unwavering support, and a shared vision of what America can, and should, be. I want to recognize my good friend Valerie Jarrett, whom I’ve been fortunate to work with from the beginning of what started as an improbable, idealistic effort by a young senator from Illinois who we were both right to believe would achieve greatness. I have had the opportunity to serve in your distinguished Cabinet and worked with a White House staff, ably led by Denis McDonough, that has done much to make real the promise of our democracy. And each of the men and women who I have come to know will be lifelong friends.
Whatever my accomplishments, they could not have been achieved without the love, support, and guidance of two people who are not with me today. My parents, Eric and Miriam Holder, nurtured me and my accomplished brother William and made us believe in the value of individual effort and the greatness of this nation.
My time in public service, which now comes to an end, would not have been possible without the sacrifices – too often unfair – made by the best three kids a father could ask for. Thank you, Maya, Brooke, and Buddy.
And finally I want to thank the woman who sacrificed the most and allowed me to follow my dreams. She is the foundation of all that our family is and the basis of all that I have become. My wife, Sharon, is the unsung hero and my life partner. Thank you for all that you have done. I love you.
In the months ahead, I will leave the Department of Justice – but I will never leave the work. I will continue to serve and try to find ways to make our nation even more true to its founding ideals. I thank the dedicated public servants who form the backbone of the United States Department of Justice for their tireless work over the past six years, for the efforts they will continue, and for the progress they made that will outlast us all.
And I thank you all for joining me on a journey that now moves in another direction, but that will always be guided by the pursuit of justice and aimed at the North Star.
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Glacier Park Murder Prosecution Team Receive Award from Montana U.S. AttorneyRead the Press Release
HELENA- Seven investigators and the U.S. Attorney's Office trial team in the Jordan Graham murder investigation received a total of fourteen awards from Montana U.S. Attorney Mike Cotter today. The awards honor law enforcement in Montana who demonstrate integrity, candor, fairness and reliability in high profile, high stakes cases and investigations. In early July 2013, Graham killed her husband of eight days by pushing him off a remote cliff in Glacier National Park in northern Montana.
The following investigative team members received the U.S. Attorney's Excellence Award: Federal Bureau of Investigation Special Agents Steve Liss and Stacy E. Smiedala, Kalispell Police Department Captain Scott Warnell and Detectives Melissa Smith and Cory Clarke, National Park Service Special Agent Justin Ivary, and Flathead County Sheriff's Office Commander Dick Sine.
The trial team at the U.S. Attorney's Office also received from U.S. Attorney Cotter the Themis Award, which honors the diligent work of prosecution teams for successful prosecution of difficult and significant cases in the district. Themis was a Goddess of divine justice and law. Recipients of the award are: United States Assistant Attorneys Kris McLean and Zeno Baucus, and staff prosecution members, including Irene Pocklington, Cassie Potter, Sheryl Wyman, Colette Edam, and Kimberlee Taylor.
The conviction of Graham happened because of the incredible investigative team and a hard-working and talented trial team which worked tirelessly to propel this case to a right and just conclusion," said Montana U.S. Attorney Mike Cotter. "The United States Department of Justice and the Montana United States Attorney's Office extend our profound appreciation and thank you to the agents, officers, attorneys and trial support team involved in this investigation."
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Judge Lynch in Missoula on September 19, 2014, and entering pleas of Not Guilty were:
BRIAN ROSS SHIRLEY, a 33-year-old resident of Bozeman, appeared on charges of conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, SHIRLEY faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation and the Missouri River Drug Task Force. PACER Case Reference: 14-16
RONNIE LYNN SMITH, SR., a 41-year-old resident of Poplar, appeared on charges of kidnapping, assault with a dangerous weapon and assault resulting in serious bodily injury. If convicted of the most serious charges contained in the indictment, SMITH faces life in prison, $250,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation and the Fort Peck Tribes Department of Law and Justice. PACER Case Reference: 14-87
Appearing before U.S. Magistrate Judge Strong in Great Falls on September 22, 2014, and entering pleas of Not Guilty were:
JUSTIN LEN COCHRAN, a 27-year-old resident of Great Falls, appeared on charges of felon in possession of a firearm. If convicted of the most serious charge contained in the indictment, COCHRAN faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference: 14-75
FRANK GEORGE HENRY, a 51-year-old resident of Box Elder, appeared on charges of conspiracy to embezzle federal grand and contract funds, theft from an Indian tribal government receiving federal funding, bribery, and theft from and Indian tribal organization. If convicted of the most serious charges contained in the indictment, HENRY faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Department of Interior Office of Inspector General, Environmental Protection Agency Officer of Inspector General, Internal Revenue Service and the Federal Bureau of Investigation. PACER Case Reference: 14-66
MELODY BILLY HENRY, a 49-year-old resident of Box Elder, appeared on charges of conspiracy to embezzle federal grand and contract funds, theft from an Indian tribal government receiving federal funding, bribery, and theft from and Indian tribal organization. If convicted of the most serious charges contained in the indictment, HENRY faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Department of Interior Office of Inspector General, Environmental Protection Agency Officer of Inspector General, Internal Revenue Service and the Federal Bureau of Investigation. PACER Case Reference: 14-66
BERNARD JOHN LAMBERT, a 66-year-old resident of Poplar, appeared on charges of wire fraud and theft from a local government receiving federal funds. If convicted of the most serious charge contained in the indictment, LAMBERT faces 20 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Department of Interior Office of Inspector General, Environmental Protection Agency Officer of Inspector General, Internal Revenue Service, Health and Human Services Office of Inspector General and the Federal Bureau of Investigation. PACER Case Reference: 14-68
DESIREE DEAN KIRN LAMBERT, a 58-year-old resident of Poplar, appeared on charges of wire fraud, theft from a local government receiving federal funds, and aggravated identity theft. If convicted of the most serious charge contained in the indictment, LAMBERT faces 20 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Department of Interior Office of Inspector General, Environmental Protection Agency Officer of Inspector General, Internal Revenue Service, Health and Human Services Office of Inspector General and the Federal Bureau of Investigation. PACER Case Reference: 14-68
KAYCEE DINARD LAMBERT, a 35-year-old resident of Poplar, appeared on charges of wire fraud and theft from a local government receiving federal funds. If convicted of the most serious charge contained in the indictment, LAMBERT faces 20 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Department of Interior Office of Inspector General, Environmental Protection Agency Officer of Inspector General, Internal Revenue Service, Health and Human Services Office of Inspector General and the Federal Bureau of Investigation. PACER Case Reference: 14-68
KAYLA LOU ANN LAMBERT, a 30-year-old resident of Poplar, appeared on charges of wire fraud and theft from a local government receiving federal funds. If convicted of the most serious charge contained in the indictment, LAMBERT faces 20 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Department of Interior Office of Inspector General, Environmental Protection Agency Officer of Inspector General, Internal Revenue Service, Health and Human Services Office of Inspector General and the Federal Bureau of Investigation. PACER Case Reference: 14-68
CHRISTOPHER TODD STEFANI, a 46-year-old resident of Great Falls, appeared on charges of possession with intent to distribute methamphetamine, manufacture of methamphetamine, manufacture of methamphetamine on premises where children are present, and possession of a listed chemical with intent to manufacture a controlled substance. If convicted of the most serious charges contained in the indictment, LAMBERT faces 40 years in prison, $1,000,000 in fines and 5 years supervised release. The case was investigated by the Drug Enforcement Administration and the Great Falls Police Department. PACER Case Reference: 14-76
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court's calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Montana U.S. Attorney Tapped to Advise Attorney GeneralRead the Press Release
Attorney General Eric Holder has selected Mike Cotter, Montana's United States Attorney, to serve on the Attorney General's Advisory Committee (AGAC). The Committee consists of 20 of the 93 United States Attorneys selected by the Attorney General to represent the interests of their judicial district. The Advisory Committee gives United States Attorneys a voice in Department policies and advises the Attorney General of the United States.
In advising the Attorney General, the Committee conducts studies and makes recommendations to improve management of United States Attorney operations and the relationship between the Department and its federal prosecutors and civil lawyers. It also helps formulate new programs for improvement of the criminal justice system and the delivery of legal services at all levels.
The Attorney General selected Cotter and U.S. Attorney Barry Grissom of Kansas to fill openings on the AGAC. "It's a pleasure to welcome Mike Cotter and Barry Grissom as the two newest members of the Attorney General's Advisory Committee, a group of U.S. Attorneys with whom I regularly consult on some of the most significant law enforcement and public safety issues facing our nation," said Attorney General Holder. "I'm grateful for their service and leadership. I look forward to working closely with the entire AGAC as we all work together to protect and ensure justice for the American people."
It is a privilege and an honor to serve on the AGAC, but more than that it is a great opportunity for Montana and her law enforcement community," said Montana U.S. Attorney Mike Cotter, "The issues we confront in the Rocky Mountain West-such as federal land and resource management, service to Indian communities, and addressing public safety concerns related to the oil boom in Northeast Montana-are unique. I am thankful for the opportunity to bring Montana's concerns to the AGAC."
Montana Federal Prosecutor Inducted into American College of Trial LawyersRead the Press Release
HELENA-Assistant United States Attorney Joseph E. Thaggard was inducted today in London, England, into the prestigious American College of Trial Lawyers. Thaggard was inducted during the group's annual meeting, which was held in London this year.
Thaggard is currently the Criminal Chief of the District of Montana United States Attorney's Office. Membership in the College is by invitation only and involves a rigorous selection process. Fellowship is limited to one percent of the lawyers in any state, and to those who have distinguished themselves in trial practice for at least 15 years. Thaggard joins the ranks of a select group of Montana lawyers, which includes six federal court judges.
It is an honor to be nominated and I am humbled to join such distinguished company," said Thaggard. "Today represents a profound accomplishment for Joe and our office," said Michael Cotter, United States Attorney for the District of Montana. "Joe exemplifies the highest levels of what it means to be a trial attorney, prosecutor and leader. This august distinction is well-deserved and we applaud the hard work, fortitude, and countless courtroom hours that this distinction represents."
Thaggard is a graduate of the University of Montana law school, and began his practice in 1989 as a Deputy County Attorney in Richland County, Montana, and an Associate Attorney at the Sidney Law firm of Koch and Carter. From 1990 through July 2002, Thaggard served as an Assistant Montana Attorney General in the Montana Department of Justice. Since July 2002, Thaggard has served as an Assistant United States Attorney in the District of Montana United States Attorney's Office, recently becoming the office's Criminal Chief. Thaggard has prosecuted a wide variety of cases during his career, including several complex murder and drug cases. He recently convicted Robert Farrell Armstrong, aka, "Dr. Bob," the leader of a significant Bakken drug trafficking organization. Thaggard has served as trial counsel in an estimated 700 cases over the course of his career thus far.
Lewis Sentenced to over 17 Years for Fort Peck MurderRead the Press Release
GREAT FALLS-A 51-year-old Brockton man who stabbed and killed a 21-year-old on the Fort Peck Indian Reservation was sentenced to more than 17 years in federal prison. Great Falls United States District Court Brian Morris sentenced David Lewis, to 210 months in prison, followed by a term of 5 years supervised release.
Lewis previously pleaded guilty to second degree murder. In an Offer of Proof filed by the government, and accessible through PACER, the government stated that if the case had proceeded to trial, it would have proven that Lewis stabbed 21-year-old victim, A.B., approximately nineteen times in the back and arm following an alleged argument between them at Lewis' house in Brockton, Montana.
The case came to law enforcement's attention after the victim was reported missing by his family on January 11, 2014. The victim was last at the residence of David Lewis in Brockton, Montana. During the search for the victim, Lewis pretended as if he did not know where the victim was and even pretended to help search for him. Upon further inquiry from law enforcement, Lewis eventually confessed that he had stabbed and killed the victim, and that the victim's body was still in his home.
Because there is no parole in the federal system, Lewis will have to serve at least 85% of his sentence before he is released from prison. The case was investigated by the Federal Bureau of Investigation and the Fort Peck Tribes Department of Law & Justice Criminal Investigators. Assistant United States Attorneys Lori Suek, Laura Weiss, and Ryan Weldon prosecuted the case.
Foster Mother Sentenced to Prison for Beating Infant with A Baby BottleRead the Press Release
GREAT FALLS - The United States Attorney's Office announced that during a federal court session in Great Falls, Montana, on September 11, 2014, before U.S. District Judge Brian M. Morris, SAMANTHA RENEE HEADCARRIER, 24, of Browning, was sentenced to a term of 120 months in prison, three years supervised release, and a special assessment of $100.
Headcarrier was sentenced because she assaulted an eight-month old baby. In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government would have proven that Headcarrier "tossed" the baby on the bed. Headcarrier then spanked the baby and hit her on the back of the head with a baby bottle approximately two to three times. When interviewed, Headcarrier also admitted that on another occasion she hit the baby "like an adult."
Headcarrier pleaded guilty to Assault Resulting in Serious Bodily Injury and Felony Child Abuse. In this case, the United States charged a ten-year statutory minimum because the crime of violence involved a child. Congress enacted this sentencing enhancement to ensure that crimes of violence against children were treated more harshly.
In a sentencing memorandum, Weldon told the Court, "This case is tragic. Even if the mandatory minimum did not apply, the conduct is reprehensible and justifies ten years of imprisonment . . . . While it is true that Headcarrier will be forced to endure ten years of prison, that punishment is minor when compared to the baby who will likely face a lifetime of obstacles as a result of Headcarrier's actions."
Despite all of the above, the baby in this case is now with many individuals who love and provide never-ending care. For example, the current caregivers are a family involved in law enforcement and the military within the Great Falls community. In a letter to the Court, one of those caregivers described her first contact with the baby as follows:
This little angel that was no bigger than a pillow was lying on an adult-size bed, unconscious and with two tubes pumping blood out of her head. She had bruises on her face and a ventilator helping her breathe. I have already had to step away twice from typing this, even though it's brutal for me to relive this, it's even more brutal for [the Court] NOT to hear her story.
The current caregiver then described how proud she will be when the baby can "walk, talk, sit, stand, or develop cognitive skills." When that time arrives, the current caregiver told the Court that "the memory of a monster that stated, 'I hit her like an adult,' will be a distant memory."
Another individual, who works at a daycare, described her daily interactions with the baby and requested that harsh consequences be imposed on Headcarrier.
Two things you will notice about [the baby] are her ever-smiling face and the fact that her legs are constantly moving. I believe she wants to walk. She sees the other children in her room moving around on their own and she can't. She can't crawl. She can't get to the sitting position on her own. She had this taken from her.
Too many children are dying, or are crippled for life, because people can't control themselves. Well, enough is enough. People need to be held accountable for their actions. Consequences need to be harsher. [The baby's] consequences are harsh. She will never be the child she was before this happened.
The Court sentenced Headcarrier to ten years of imprisonment with three years of supervised release to follow. Because there is no parole in the federal system, the truth in sentencing guidelines mandate that Headcarrier will likely serve all of the time imposed by the court. In the federal system, Headcarrier 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.
This investigation was conducted by the Federal Bureau of Investigation.
Billings Man Sentenced for Walgreens Drug TheftRead the Press Release
BILLINGS - A 22-year-old Billings man was sentenced today for breaking into Walgreens and stealing hundreds of prescription pills. Travis John Bell was sentencing in connection with his April guilty plea to possession with intent to distribute oxycodone. Bell was sentenced to 48 months in prison followed by 3 years of supervised release. In addition, Bell was ordered to pay $19,997.75 in restitution to Walgreens.
In an offer of proof, Assistant U.S. Attorney Paulette Stewart told the court that on January 17, 2014, Billings Police Department (BPD) officers were dispatched to the Walgreens located at 3333 Grand Avenue in Billings regarding a burglary in progress complaint. BPD dispatch advised the officers that a security company that worked for Walgreens was watching a live feed and could see a male inside the store going back and forth from the pharmacy to the back door.
Officers arrived on scene and observed a red Dodge neon near the back garage door. It appeared that the garage door was damaged. Officers also observed a tow strap, attached to the car and secured to the rolling garage door. BPD observed a male bring a plastic bag of items out of the back door and reenter the building. Later, officers determined that the plastic bag was filled with prescription medications and syringes. BPD officers then watched Bell walk inside the store through a mirror inside the store. A short time later, Bell walked out the front door where he was arrested by the officers. Bell had a hammer, a screwdriver, and seven plastic pill bottles. The bottles contained various prescription drugs, including 136 OxyContin pills.
During the investigation, law enforcement observed damage to the pharmacy window. An officer observed that the Schedule II drug cabinet in the pharmacy was damaged and items were scattered on the floor. A search warrant of Bell's vehicle revealed various tools for the burglary and plastic bag, which contained over 3,000 prescription pills, including over 600 Oxycodone pills.
The case was investigated by the Drug Enforcement Administration (DEA) and the Billings Police Department.