FEDERAL DISTRICT ARCHIVE
District of Montana
Press releases recorded for this federal judicial district.
Juan Sanchez-Gonzalez Sentenced for Illegal Reentry into the United StatesRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Great Falls on January 16, 2014, before U.S. District Judge Brian M. Morris, JUAN SANCHEZ-GONZALEZ was sentenced to a term of:
Prison: 12 months and 1 day
Sanchez-Gonzalez was sentenced in connection with his guilty plea to Illegal Re-Entry into the United States
In an Offer of Proof filed by Assistant U.S. Attorney Zeno B. Baucus, the government stated it would have proved at trial the following:
Sanchez-Gonzalez, who had previously been deported from the United States, was stopped by Montana Highway Patrol in Culbertson, Montana on August 30, 2013. He was subsequently questioned by the United States Border Patrol and responded in the affirmative
Mexico and in the country illegally. There is no record that Sanchez-Gonzalez ever applied for or obtained the permission of the United States Attorney General or his successor the Secretary of the Department of Homeland Security to reenter the United States.
Because there is no parole in the federal system, the (truth in sentencing( guidelines mandate that Sanchez-Gonzalez will likely serve all of the time imposed by the court. In the federal system, Sanchez-Gonzalez does have the opportunity to earn a sentence reduction for (good behavior.( However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted primarily by the United States Border Patrol.
Joseph Birdtail Sentenced to over 20 Years in Prison for Sexual AssaultRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on January 17, 2014, before U.S. District Judge Brian M. Morris, JOSEPH CHRISTOPHER BIRDTAIL, 37, of Dodson, Montana, was sentenced to a term of 264 months imprisonment, a life term of supervised release, and a special assessment of $100. Birdtail was sentenced in connection with his May 16, 2013, guilty plea to abusive sexual contact.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica Betley, the government stated it would have proved that the victim is the daughter of the defendant and the defendant(s wife. In June 2012, the victim was approximately one-and-a-half years old. On the morning of Friday, June 22, 2012, the victim(s mother changed her diaper and did not notice any irregularities with the victim. The victim(s mother left the house, located on the Fort Belknap Indian Reservation, around 11:30 a.m. to go serve lunch and sell items at a tribal function. The victim(s mother left the victim at home alone with the defendant for approximately an hour-and-a-half before she returned around 1 p.m.
When the victim(s mother returned home, she noticed the defendant was outside while the victim was inside. The victim(s mother went inside and noticed the victim(s diaper was not wet, which indicated the defendant may have changed the victim(s diaper while the mother was gone. But, the victim's mother observed that the victim(s anus was dilated and possibly bruised. The victim(s mother confronted the defendant about whether he did something to the victim. The defendant denied any wrongdoing and told his wife to take the victim to the emergency room to be examined.
At the emergency room, the doctor noted that the victim(s rectal opening was prominent and the rectal mucosa was red with perhaps small tears. The doctor called in the sexual assault nurse examiner (SANE). The SANE nurse practitioner confirmed bruising of the rectum and perianal that was clearly visualized by alternative light sources and agreed that the victim had been sexually abused. The nurse noted bruising at the 4 and 5 o(clock positions through the use of an alternate light source.
The FBI interviewed the defendant in March 2012. The defendant told the agents that on June 22, 2012, he had been alone with the victim at his home. When he changed the victim(s diaper, he (got the ugly urge( to touch the victim(s anus with his right hand. He said he stuck the tip of his finger into the victim's anus for approximately ten seconds. This investigation was conducted by the Fort Belknap Tribes and the FBI.
U.S. Attorney Mike Cotter said, "This is a 22 year sentence, without parole, that reflects the seriousness of crimes against children, the most innocent and vulnerable of victims. Protection of children has been, and will remain, a top priority of the U.S. Attorney's Office."
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office today 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 January 17, 2014 and entering pleas of Not Guilty were:
- MICHAEL ALLAN ERHART, a 32-year-old resident of Billings appeared on charges of conspiracy with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, distribution of methamphetamine and aiding and abetting. If convicted of the most serious offenses charged in the indictment, ERHART faces life in prison, $10,000,000 in fines and 5 years supervised release. The investigation was a cooperative effort between the Drug Enforcement Administration and the Federal Bureau of Investigation Task Force. PACER Case Reference: 14-07
- MICHAEL CORY SEVERSON, a 45 year-old-resident of Billings appeared on charges of conspiracy with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, distribution of methamphetamine, aiding and abetting, and possession of a firearm. If convicted of the most serious offenses charged in the indictment, SEVERSON faces life in prison, $250,000 in fines and lifetime supervised release. The investigation was a cooperative effort between the Drug Enforcement Administration and the Federal Bureau of Investigation Task Force. PACER Case Reference: 14-07
The indictment is merely a formal charging document. 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.
The U.S. Attorney's Office is currently transitioning its media program to new media contacts. Resources and this transition may affect the amount of information the office can process and disclose in a timely manner. Therefore, 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 today 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 January 13, 2014 and entering pleas of Not Guilty were:
- LANO THOMAS KIPP, a 22-year-old resident of Browning appeared on charges of conspiracy with intent to distribute methamphetamine, possession with intent to distribute methamphetamine and distribution of methamphetamine. If convicted of the most serious offenses charged in the indictment, KIPP faces 20 years in prison, $1,000,000 in fines and 3 years supervised release. The investigation was brought by the Federal Bureau of Investigation. PACER Case Reference: 14-04
- VIN RICHARD WROBLEWSKI, a 43 year-old-resident of Browning appeared on charges of aggravated sexual abuse. If convicted of the charge in the indictment, WROBLEWSKI faces life in prison, $250,000 in fines and lifetime supervised release. The investigation was brought by the Federal Bureau of Investigation. PACER Case Reference: 14-03
Appearing before U.S. Magistrate Judge Lynch in Missoula on January 14, 2014 and entering pleas of Not Guilty were:
- LVIN C. CLELAND, a resident of Butte 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 offense charged in the indictment, CLELAND faces life in prison, $10,000,000 in fines and five years supervised release. The investigation was a cooperative effort between Homeland Security Investigations and Butte Silver Bow Law Enforcement Agency. PACER Case Reference: 13-24
Appearing before U.S. Magistrate Judge Lynch in Missoula on January 15, 2014 and entering pleas of Not Guilty were:
- COB RAYMOND MICAS, a 33-year-old resident of Butte 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 offense charged in the indictment, MICAS faces 40 years in prison, $5,000,000 in fines and 4 years supervised release. The investigation was brought by Homeland Security Investigations. PACER Case Reference: 14-01
The indictment is merely a formal charging document. 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.
The U.S. Attorney's Office is currently transitioning its media program to new media contacts. Resources and this transition may affect the amount of information the office can process and disclose in a timely manner. Therefore, 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.
David Trine Sentenced for Operating Methamphetamine Lab in Great FallsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on January 17, 2014, before U.S. District Judge Brian M. Morris, David Edmond Trine, 37, of Great Falls, was sentenced to a term of 124 years imprisonment, four years supervised release, and a special assessment of $100. Trine was sentenced in connection with his October 16, 2013, guilty plea to Conspiracy to Manufacture Methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica Betley, the government stated it would have proved that on October 7, 2012, law enforcement became alerted that Trine and Robert Spargur were manufacturing methamphetamine in Great Falls, Montana. Police arrived at Spargur's house. They immediately saw a plastic bottle in the garbage can that had a crystalized substance in it, which appeared to be consistent with methamphetamine.
At that point, a female came out of the front of the house. She told police there was an active methamphetamine lab in the house and that the defendant was in the back room. Another female told police the defendant would not come out, because he was not ready to go to jail. She kept yelling back at the house, "honey, please come out." At that point, officers called in the High Risk Unit, narcotics detectives, and the Great Falls Fire and Rescue Hazardous materials response team, as law enforcement had information that there was an active methamphetamine lab inside the house and Trine was refusing to come outside.
Other witnesses said they saw torn tubing and torn apart batteries in the closet and office area, as well as empty pseudoephedrine boxes inside the house and more methamphetamine lab related items around the house. According to one witness, both Trine and Spargur took turns making the methamphetamine. The witness knew the defendant and Spargur were planning on making methamphetamine that night because they would not allow her in the house earlier in the evening. She went in the house later that night and saw all of the materials had been moved to the garage. There were also big zip lock bags with pseudoephedrine boxes inside of them.
Trine ultimately came out of the house at 5:55 a.m. When law enforcement entered the house using protective gear, they found numerous items associated with making methamphetamine. Officers located a clear bottle filled with blue liquid labeled "white rice" in the southeast bedroom. There were coffee filters on a chair in the southwest bedroom. Upstairs, officers found numerous bottles containing an unknown substance consistent with "one pot" methamphetamine manufacturing. There was also an air filter mask in the closet.
Trine ultimately told police there was a ton of methamphetamine being made at Spargur's house. He said he did not cook the methamphetamine, but assisted Spargur by buying the pills and chemicals necessary to manufacture methamphetamine. Trine bought fertilizer, lye, Coleman fuel, pills, and batteries for the methamphetamine production. He said the granular substance found in the bottles around the house was fertilizer.
Trine further explained that in the past two to three months he had been living with Spargur, and they had produced a batch of methamphetamine per day. Two to four boxes of pseudoephedrine produced approximately one-fourth of an ounce of methamphetamine. He received half of the methamphetamine produced from each batch. Trine also mentioned that both himself and Spargur received pseudoephedrine from numerous people.
Law enforcement collected the bottles and coffee filters from Spargur's home and sent the evidence to the Montana State Crime Lab. The crime lab concluded that the items contained methamphetamine. Ultimately, the defendant conspired to manufacture at least 50 or more grams of a substance containing a detectable amount of methamphetamine. This investigation was a joint effort of the Great Falls Police Department and Russell Country Drug Task Force.
Charlotte B. New Breast First of the Poka Defendants Given ProbationRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on January 16, 2014, before U.S. District Judge Brian M. Morris, CHARLOTTE B. NEW BREAST, 53, of Browning, was sentenced to a term of three years probation, $50,000 in restitution, and a special assessment of $100.
New Breast was sentenced in connection with her October 21, 2013, guilty plea to Theft from an Indian Tribal Government Receiving Federal Grant Funds. New Breast was one of six defendants charged in the multi-million dollar scheme to embezzle federal grant funds from a program for troubled youth on the Blackfeet Reservation known as the Po'Ka Project.
In an Offer of Proof filed by Assistant U.S. Attorney Carl Rostad, the government stated it would have proved that The Blackfeet Po'ka Project was developed to help troubled Native American youth. Po'ka received its funding from the Substance Abuse and Mental Health Services Administration (SAMHSA) of the Department of Health and Human Services. Beginning in 2005 with a $1,000,000 federal disbursement, the grant ultimately became a $9.3 million program over a six year period (2005-2011). The funding arc started with the $1,000,000 award, rose to $2,000,000 per year for two years (2007, 2008) and then tapered off to $1,000,000 in 2010 and $300,000 in 2011.
According to the SAMHSA grant synopsis, the Po'Ka Project-also known as Blackfeet Children System of Care-was a reservation-wide children's mental health system. The project goals were to (1) to implement the systems of care philosophy at the local Tribal level; (2) to identify, plan for, or enhance coordination and facilitate a wraparound process enabling children with SED (Severe Emotional Disorders) and their families to access services to meet their needs.
Francis Onstad was the Director of Po'Ka and Delyle Shanny Augare was the Assistant Director. Charlotte New Breast was the Administrative Assistant.
THE IN-KIND CONTRIBUTION REQUIREMENT
It was the stated intent and proposition from the Tribe that the Po'Ka Project would ultimately become self-sufficient; a completely tribal program-entirely supported by the Tribe-by the end of the grant period. The grant required that the Tribe provide a certain amount of funding. A requirement contained in certain legislation, regulations, or administrative policies that a recipient must maintain a specified level of financial effort in the health area for which Federal funds will be provided in order to receive Federal grant funds. To achieve the goal of final self-sufficiency, the Tribe was required to provide in-kind matching contributions to continue to secure federal payments with the idea that as federal participation declined, tribal participation would rise to fill the funding void left by the absence of federal funds. It was the intent of the parties and SAMHSA that the Po'Ka Project would survive on its own once federal funding was no longer forthcoming.
An in-kind contribution is a non cash contribution provided by nonfederal third parties in support of the project funded by the grant, and its objectives. Third party in kind contributions may be in the form of real property, equipment, supplies and other expendable property, and the value of goods and services directly benefitting and specifically identifiable to the project or program.
As noted, a key component of the grant award was the funding arc; the ratio of federal money to in-kind contributions. Only if Po'Ka met the in-kind contribution targets could they receive the maximum amount of federal money from the grant. Consistent with the sustainability objective of the grant, the Tribe's in-kind contribution requirement was the highest in the later years of the grant. The Blackfeet Tribe was required to provide $7.0 million of in kind contributions from FYs 2009 through 2011. That created an environment where the appearance of substantial in-kind contributions became paramount. However, the in-kind commitment could never be honestly met, so the conspirators (Onstad, Augare, and others) began making up facts and documents to try and satisfy auditors that the in-kind contributions represented on their reports to SAMSHA were legitimate. They did so by inflating the figures related to in-kind contributions, assigning values to non-existent and illegitimate contributions, and manufacturing fraudulent invoices and records to support fictional or inflated contributions. The misrepresentations as to in-kind amounts were made in monthly reports to SAMSHA and the documents were generated to placate auditors conducting a required annual audit of the Tribe's operations.
Several people whose names were used as in-kind contributors, denied preparing or signing the invoice and denied contributing time or goods to the Po'Ka project, at least in the amount claimed. Invoices were presented to auditors which purported to represent the provision and creation of Blackfeet Story Telling CDs, and other in kind contributions of service by Floyd Heavy Runner in July 2010 and August 2010, even though Heavy Runner had suffered a massive and debilitating stroke in May 2010 and was incapable of providing services of any kind to the Po'Ka Project in July and August of that year. In another important email exchange, on March 21, 2011, In-Kind Coordinator and co-defendant Elizabeth Sherman requested that a social worker from Shelby sign 8 invoices reflecting thousands of dollars in in-kind contributions. That witness replied "I cannot do it because I did not do the work. I value my name and professional integrety (sic) and will not sign a document stipulating work I did not do, donated or otherwise." One person was credited for an in-kind contribution of over $350,000. She denied doing that amount of work, producing all of the binders identified on the invoice, denied preparing the invoice and denied signing the invoice. She said the figure appeared to come from a conversation that she had with Francis Onstad a year earlier when Onstad asked what it would cost the tribe to train every tribal employee in health care regulations.
The Blackfeet Tribe claimed $440,000 in in kind contributions related to professional services provided by a Certified Public Accountant (CPA) who gave audit assistance to the Po'Ka Project. When interviewed, the CPA determined that he (1) charged the Blackfeet Tribe for the time he spent providing audit assistance and (2) was unaware that the Tribe claimed his costs as in kind contributions.
Po'Ka also claimed $92,000 in in kind contributions for planning services which, according to the Tribe, were provided by the staff of one of Montana's United States Senators. The Chief of Staff indicated that no one in the Senator's offices in D.C. or Montana had even heard of the Po'Ka project.
During the period of the grant, Onstad and Augare did a significant amount of traveling paid for with Po'Ka funds, ostensibly to conferences and related events. Onstad and Augare had New Breast download hotel receipts and portions of hotel receipts so that receipts in higher amounts could be created and used to obtain greater reimbursement for travel than that amount actually expended. This happened regularly and cut-and-paste receipts were found attached to a New Breast email. The name on the receipt was Francis Onstad.
In a sentencing memorandum, Rostad told the Court that New Breast was the least culpable defendant and received nothing from the scheme other than a few miscellaneous benefits and continued employment. Rostad advised the Court that New Breast had cooperated with the investigation and agreed to provide significant information that would assist in the prosecution of others involved with Po'Ka which entitled her to a motion from the government that made a probationary sentence under the advisory sentencing guidelines a possibility. The prosecutor said that but for her assistance and her minimal role the United States would have sought jail time. But for those factors, New Breast should "should have taken her rightful place in line for the consequences of accountability; a line that would have included incarceration under the guidelines.
This case was brought by the Federal Bureau of Investigation with the assistance of Department of Health and Human Services Office of Inspector General and the Internal Revenue Service Criminal Investigation Division as part of the Guardians Project.
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 January 14, 2014, before U.S. Magistrate Judge Strong, the following individual appeared:
- DAVID J. LEWIS, a 50 year-old resident of Brockton made an initial appearance on a complaint alleging second degree murder. He is currently detained. If formally charged with this offense by indictment, LEWIS, faces life in prison, $250,000 in fines and 5 years supervised release.. Assistant U.S. Attorney Laura B. Weiss is the prosecutor for the United States. The investigation is a cooperative effort between the Federal Bureau of Investigation and the Fort Peck Tribes Department of Law and Justice. PACER Case Reference: 14-02
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.
The U.S. Attorney's Office is currently transitioning its media program to new media contacts. Resources and this transition may affect the amount of information the office can process and disclose in a timely manner.
Therefore, 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 today 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 January 9, 2014, and entering pleas of Not Guilty were:
- JOLENE MARIE CALVIN, a 33-year-old resident of Billings 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 offenses charged in the indictment, CALVIN faces life in prison, $250,000 in fines and five years supervised release. The investigation was conducted by the FBI Task Force. PACER Case Reference: 13-104
Appearing before U.S. Magistrate Judge Ostby in Billings on January 13, 2014, and entering pleas of Not Guilty were:
- JAIME ALBERTO GARZA, a 42-year-old resident of Othello, Washington appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, false representation of a Social Security Number, and identity theft. If convicted of the most serious offenses charged in the indictment, GARZA faces life in prison, $250,000 in fines, and five years supervised release. The investigation was a cooperative effort between the Drug Information Administration, Federal Bureau of Investigation, Border Patrol, Montana Division of Criminal Investigations, Sidney Police Department, Richland County Sheriff's Office, Sweetgrass County Sheriff's Office and the Montana Highway Patrol. PACER Case Reference: 13-78
Appearing before U.S. Magistrate Judge Strong in Great Falls on January 14, 2014, and entering pleas of Not Guilty were:
- JENNIFER ANN DONEY, a 47-year-old resident of Hays appeared on charges of theft from an Indian Tribal government receiving federal funds, and theft from an Indian Tribal organization. If convicted of the most serious offense charged in the indictment, DONEY faces 10 years in prison, $250,000 in fines, and three years supervised release. This case was brought by the Department of Health and Human Services Office of Inspector General, with the assistance of the Federal Bureau of Investigation and the Department of Agriculture Office of Inspector General, as part of the Guardians Project. PACER Case Reference: 13-119
- DAWN CECELIA JONES, a 33-year-old resident of Hays appeared on charges of theft from an Indian Tribal government receiving federal funds, and theft from an Indian Tribal organization. If convicted of the most serious offense charged in the indictment, JONES faces 10 years in prison, $250,000 in fines, and three years supervised release. This case was brought by the Department of Health and Human Services Office of Inspector General, with the assistance of the Federal Bureau of Investigation and the Department of Agriculture Office of Inspector General, as part of the Guardians Project. PACER Case Reference: 13-119
- SANDRA MARIE SANDERVILLE, a 58-year-old resident of Browning appeared on charges of theft from an Indian Tribal government receiving federal funds, and theft from an Indian Tribal organization. If convicted of the most serious offense charged in the indictment, SANDERVILLE faces 10 years in prison, $250,000 in fines, and three years supervised release. This case was brought by the Department of Health and Human Services Office of Inspector General, with the assistance of the Federal Bureau of Investigation and the Department of Agriculture Office of Inspector General, as part of the Guardians Project. PACER Case Reference: 13-118
The indictment is merely a formal charging document. 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.
The U.S. Attorney's Office is currently transitioning its media program to new media contacts. Resources and this transition may affect the amount of information the office can process and disclose in a timely manner. Therefore, 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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Information: Federal Court Initial AppearancesRead the Press Release
The United States Attorney's Office today 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 January 8, 2014, and entering pleas of Not Guilty were:
- JEFFREY NOENNIG, a 48 year-old resident of San Diego, California appeared on charges of child exploitation enterprise and conspiracy to advertise child pornography. If convicted, NOENNIG faces possible penalties of life in prison. The investigation was a cooperative effort between the Federal Bureau of Investigation, Homeland Security Investigations, Internet Crimes Against Children Task Force, Montana Division of Criminal Investigations, Polson Police Department and Helena Police Department.
- JOSHUA PETERSON, a 45 year-old resident of Prescott, Arizona appeared on charges of child exploitation enterprise and conspiracy to advertise child pornography. If convicted, PETERSON faces possible penalties of life in prison. The investigation was a cooperative effort between the Federal Bureau of Investigation, Homeland Security Investigations, Internet Crimes Against Children Task Force, Montana Division of Criminal Investigations, Polson Police Department and Helena Police Department.
Appearing before U.S. Magistrate Judge Ostby in Billings on January 9, 2014, and entering pleas of Not Guilty were:
- JAMES M. CRITTENDEN, a 49-year-old resident of Billings appeared on charges of bank fraud, wire fraud, bankruptcy fraud and mail fraud. If convicted, CRITTENDEN faces possible penalties of 30 years in prison. The investigation was a cooperative effort between the Federal Bureau of Investigation and the Billings Police Department.
The indictment is merely a formal charging document. 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.
The U.S. Attorney's Office is currently transitioning its media program to new media contacts. Resources and this transition may affect the amount of information the office can process and disclose in a timely manner. Therefore, 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.
28.3 Million!Read the Press Release
MONTANA UNITED STATES ATTORNEY'S OFFICE COLLECTS $28.3 MILLION IN CIVIL & CRIMINAL ACTIONS FOR U.S. TAXPAYERS IN FISCAL YEAR 2013
U.S. Attorney Michael W. Cotter announced today that the Montana United States Attorney's Office collected $28.3 million in Fiscal Year (FY) 2013 related to criminal and civil actions in cases handled by the Montana United States Attorney's Office. In some cases, the U.S. Attorney's Office worked in conjunction with litigating components of the U.S. Department of Justice. (During this time of budgetary uncertainty, these collections are more important than ever,( said U.S. Attorney Michael W. Cotter. (The U.S. Attorney(s Office is dedicated to protecting the public and recovering funds for the federal treasury and for victims of federal crime. We will continue to hold accountable civil and criminal wrongdoers who seek to profit from their illegal activities.(
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 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.
Those who regularly follow the news are aware of the function of the United States Attorney's Office (USAO) regarding federal criminal prosecution. Equally important, but perhaps not as well known, is the mission, function and success of the Montana USAO in recovering money for the benefit of victims of crime and the U.S. Treasury. This critical mission is accomplished in large part by the Financial Litigation Unit (FLU). The unit is led by a career federal litigator, Assistant U.S. Attorney Victoria Francis of Billings, who is supported by two paralegal specialists who handle over 1400 active cases. The FLU collects criminal restitution, fines, and penalties ordered to be paid to federal agencies when federal programs are defrauded.
In addition the FLU Unit helps federal prosecutors identify and forfeit assets that represent the proceeds of or that were used to facilitate federal crimes.
Across the country, the United States Attorneys' offices collected $8.1 billion from criminal and civil actions during 2013, which is far more than the appropriated budget of the combined 93 USAOs offices for that year. Collections in Montana totaled more than $28.3 million for 2013, more than five times the annual operating budget for Montana's U.S. Attorney's Offices. The U.S. Attorney's Office in Montana is credited with collecting $2 million in relation to criminal actions brought by the office, $20.5 million in relation to civil actions, and $5.8 million in criminal and civil forfeiture cases.
U.S. Attorney Cotter noted that "budget sequestration bites deeply into the operations of the Montana USAO. The Montana USAO currently has an employee vacancy of rate of roughly 25%. Cutting the budgets of United States Attorneys' offices through sequester effectively reduces government revenue. There are simply fewer lawyers and support personnel to accomplish the overall mission of the Department of Justice, including the ability to collect fines, money owed to the government and restitution for crime victims. Therefore, shortages of personnel and restrictions on litigation-related expenditures are expected to affect the USAO ability to collect funds due the United States."
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.
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 Initial AppearancesRead the Press Release
The United States Attorney's Office today 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 January 6, 2014, and entering pleas of Not Guilty were:
- DANIEL FLANSBURG, a 20-year-old resident of Hays appeared on charges of assault resulting in serious bodily injury and assault with a dangerous weapon. If convicted, FLANSBURG faces possible penalties of 10 years in prison.
- CHERYL L. GUARDIPEE, a 39-year-old resident of Cut Bank appeared on charges of theft of government funds and false statements. If convicted, GUARDIPEE faces possible penalties of 10 years in prison.
- PEDRO MARTINE ROBLEDO, a 19-year-old resident of Cut Bank appeared on charges of involuntary manslaughter and assault resulting in serious bodily injury. If convicted, ROBLEDO faces possible penalties of 10 years in prison.
- RHONDA LEE WRIGHT, a 48-year-old resident of Richland, Washington appeared on charges of possession with intent to distribute methamphetamine and distribution of methamphetamine. If convicted, WRIGHT faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life in prison.
The indictment is merely a formal charging document. 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.
The U.S. Attorney's Office is currently transitioning its media program to new media contacts. Resources and this transition may affect the amount of information the office can process and disclose in a timely manner. Therefore, 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 Initial AppearancesRead the Press Release
The United States Attorney's Office today 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 Holter in Great Falls, on December 31, 2013, and entering pleas of Not Guilty were:
- DERRICK LEE DRIVDAHL, a 50-year-old resident of Helena appeared on charges of child pornography. If convicted, DRIVAHL faces possible penalties of a mandatory minimum of 5 years in prison and could be sentenced to 20 years in prison.
Appearing before U.S. Magistrate Judge Lynch in Missoula, on January 2, 2014, and entering pleas of Not Guilty were:
- TIMOTHY GARDINER, a resident of Yakima, Washington appeared on charges of distribution of methamphetamine. If convicted, GARDINER faces possible penalties of life imprisonment.
- JEFFREY LACKMAN, a 24-year-old resident of Butte, appeared on charges of distribution of methamphetamine. If convicted, LACKMAN faces possible penalties of life imprisonment.
Appearing before U.S. Magistrate Judge Ostby in Billings on January 3, 2014, and entering pleas of Not Guilty were:
- GAYLON LANCE LAMEWOMAN, a 33-year-old resident of Lame Deer, appeared on charges of assault with a dangerous weapon and assault resulting in serious bodily injury. If convicted, LAMEWOMAN faces possible penalties of 10 years in prison.
The indictment is merely a formal charging document. 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.
The U.S. Attorney's Office is currently transitioning its media program to new media contacts. Resources and this transition may affect the amount of information the office can process and disclose in a timely manner. Therefore, 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.
Edward Henry Pratt Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on December 11, 2013, before Chief U.S. District Judge Dana L. Christensen, EDWARD HENRY PRATT, a 35-year-old resident of Browning, was sentenced to a term of:
- Prison: 96 months
- Special Assessment: $100
- Supervised Release: 3 years
PRATT was sentenced in connection with his guilty plea to being a felon-in-possession of a firearm.
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
In 2006, PRATT was convicted of felony controlled substances which therefore prohibited from possessing firearms.
On March 23, 2011, in Browning, PRATT possessed a Savage/Springfield, model 67 series E, 12 gauge, pump-action shotgun.
PRATT had been drinking at a residence in Browning, holding the firearm and showing it to various people in an effort to sell it. Multiple individuals observed PRATT with the firearm.
Because there is no parole in the federal system, the truth in sentencing guidelines mandate that PRATT will likely serve all of the time imposed by the court. In the federal system, PRATT does have the opportunity to earn a sentence reduction for good behavior.( However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Frederick Walter Schroeder Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Helena, on December 10, 2013, before U.S. District Judge Sam E. Haddon, FREDERICK WALTER SCHROEDER, a 52-year-old resident of Livingston, was sentenced to a term of:
- Prison: 50 months
- Special Assessment: $100
- Forfeiture: firearms
- Supervised Release: 3 years
SCHROEDER was sentenced in connection with his guilty plea to being a felon-in-possession of a firearm.
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
On June 25, 2012, SCHROEDER was convicted of felony assault with a weapon, thereby prohibiting him from possessing firearms.
In the fall of 2012, probation executed a search on SCHROEDER's residence and located several firearms in his home.
A friend of SCHROEDER's indicated that he was in possession of SCHROEDER's firearms during the pendency of the case. However, he indicated that in the fall of 2012, SCHROEDER came to the friend's house and said he could take his firearms back and put them in a storage unit. SCHROEDER then took his firearms from the friend's house.
SCHROEDER's account of the events was that his friend brought several of the firearms to his (SCHROEDER's) house and hid them.
Because there is no parole in the federal system, the truth in sentencing guidelines mandate that SCHROEDER will likely serve all of the time imposed by the court. In the federal system, SCHROEDER does have the opportunity to earn a sentence reduction for good behavior. However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Duane Antonio Martell Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on December 11, 2013, before Chief U.S. District Judge Dana L. Christensen, DUANE ANTONIO MARTELL, a 23-year-old resident of Poplar and an enrolled member of a federally-recognized tribe, was sentenced to a term of:
- Prison: 60 months
- Special Assessment: $200
- Supervised Release: 3 years
MARTELL was sentenced in connection with his guilty plea to assault with a dangerous weapon and assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
On October 10, 2012, MARTELL was spending time at a house in Poplar and fell asleep in a bedroom that was not his. The rightful occupant of the bedroom, the victim, entered the room and asked MARTELL to leave. He got up, punched her, threw her to the
He eventually stopped when another person intervened. The victim had a shattered nasal bone, two black eyes, fractures in her jaw, and was bleeding from her nose and ears.
The offense occurred within the exterior boundaries of the Fort Peck Indian
Reservation.
Because there is no parole in the federal system, the truth in sentencing guidelines mandate that MARTELL will likely serve all of the time imposed by the court. In the federal system, MARTELL does have the opportunity to earn a sentence reduction for good behavior. However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Fort Peck Tribes Criminal Investigation Division.
Jeremy T. Lauzon Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Helena, on December 9, 2013, before U.S. District Judge Sam E. Haddon, JEREMY T. LAUZON, a 34-year-old resident of Billings, was sentenced to a term of:
- Prison: 21 months
- Special Assessment: $100
- Supervised Release: 3 years
LAUZON was sentenced in connection with his guilty plea to being a felon-in-possession of a firearm.
In an Offer of Proof filed by Assistant U.S. Attorney Brendan P. McCarthy, the government stated it would have proved at trial the following:
On December 27, 2000, LAUZON was convicted of felony possession of a controlled substance in the State of Oregon which prohibited him from possession of firearms.
At approximately 8:41 p.m. on August 30, 2011, a sergeant with the Yellowstone County Sheriff's Office was dispatched to a residence in Billings regarding a complaint about a neighbor who fired a gun. When the sergeant arrived, he spoke with M.C. who stated that her neighbor, LAUZON, fired a gun into the ground near her boyfriend, J.K., and their two daughters. M.C., however, did not witness the incident.
The sergeant spoke with the two daughters and J.K. The daughters stated that there was an argument earlier that day with LAUZON about LAUZON's dogs entering their backyard. Later that day, the children were in their backyard with their dad when the dogs again ran onto their property. The children returned the dogs to LAUZON who was standing in his backyard. J.K., however, stated that he could overhear LAUZON yelling at the girls and telling them that the dogs could go wherever they wanted. J.K. then became upset and started to walk quickly toward LAUZON. According to J.K., he was about twenty to thirty feet away from LAUZON when LAUZON started to walk toward him. They were both arguing with each other. LAUZON then pulled out a gun from his side and fired it into the ground. The children and J.K. then turned around and retreated back into their house.
Additional units arrived on scene and helped search for LAUZON. LAUZON was subsequently detained. LAUZON admitted that he fired the gun into the ground. LAUZON also consented to a search of his residence. In an office in the residence, the officers recovered a Hi-Point model CF380 .380 caliber semi-automatic handgun.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that LAUZON will likely serve all of the time imposed by the court. In the federal system, LAUZON does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Jamie Lynn Strosky Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Helena, on December 9, 2013, before U.S. District Judge Sam E. Haddon, JAMIE LYNN STROSKY, a 33-year-old resident of Shepherd, was sentenced.
STROSKY was sentenced in connection with her guilty pleas to conspiracy to possess with intent to distribute methamphetamine and distribution of methamphetamine to:
- ison: 105 months
- ecial Assessment: $100
- pervised Release: 5 years
In Offers of Proof filed by Assistant U.S. Attorney Brendan P. McCarthy, the government stated it would have proved at trial the following:
Homar Renova-Castillo, an alien and citizen of Mexico, was previously convicted in 2000 in Yellowstone County for felony criminal endangerment. Renova-Castillo was then deported from the United States on January 31, 2002, and left through El Paso, Texas. Renova-Castillo was subsequently found in the United States. Specifically, on November 19, 2012, Renova-Castillo was pulled over in a motor vehicle near Park City by law enforcement.
In August of 2012, agents with the Eastern Montana High Intensity Drug Trafficking Area Task Force (EMHIDTA) began investigating the sale of methamphetamine in Billings by STROSKY and Renova-Castillo.
On August 22, 2012, agents spoke with an individual identified here as "D.N." D.N. stated that he had made two trips to Idaho with Renova-Castillo to pick up methamphetamine. D.N. estimated that they picked up two pounds of methamphetamine each time. D.N. said that a woman named Jamie was Renova-Castillo(s "right-hand girl."
On September 6, 2012, agents met with a confidential informant (CI) who provided information about STROSKY. The CI stated that STROSKY had been selling methamphetamine since 2000. The CI indicated that STROSKY went to Idaho to obtain methamphetamine. The CI stated that STROSKY got her methamphetamine from a Mexican male named Homar. The CI indicated that approximately two months prior, STROSKY met with Renova-Castillo and she was "fronted" one ounce of methamphetamine.
On November 6, 2012, the CI met STROSKY at a residence in Billings. STROSKY sold the CI a quarter (1/4) ounce of methamphetamine for $550. STROSKY told the CI that she was paying $21,000 for one pound of methamphetamine. The methamphetamine was later tested at the DEA lab and the actual weight was 7.0 grams.
On November 8, 2012, the CI and STROSKY met in a parking lot in Billings Heights, and the CI purchased methamphetamine from STROSKY for $550. The methamphetamine was later tested at the DEA lab and the actual weight was 6.7 grams.
On November 14, 2012, the CI met STROSKY at STROSKY's residence in Shepherd. The CI purchased meth from STROSKY for $550. The methamphetamine was later tested at the DEA lab and the actual weight was 6.6 grams. Additionally, STROSKY told the CI that she recently had one pound of methamphetamine stolen from a stash house.
On December 7, 2012, the CI made another purchase of methamphetamine from STROSKY at a location in Billings. The methamphetamine was later tested at the DEA lab and the actual weight was 6.8 grams.
On December 11, 2012, STROSKY told the CI that she planned to re-up with "her guy" in the next few days.
On December 21, 2012, agents spoke with "K.V." K.V. admitted that she stole the pound of methamphetamine that STROSKY kept at her "stash house." K.V. said that she was told by another individual that K.S. was "babysitting" the methamphetamine at K.S.'s residence in the Billings Heights for STROSKY. K.V. stated that around November 12, 2012, she and her boyfriend broke into K.S.'s residence and stole a safe from the closet in the bedroom. Inside the safe, K.V. found two bags of methamphetamine, $100 in cash and two watches.
The CI made additional purchases of approximately ( ounce of methamphetamine from STROSKY on January 8th, 22nd, and 29th of 2013 and April 3, 2013.
On February 3, 2013, Renova-Castillo and his wife were stopped in a motor vehicle near Wickenburg, Arizona and Renova-Castillo was subsequently arrested. In a statement provided to law enforcement, Renova-Castillo indicated that he has purchased drugs from his source in Las Vegas, Nevada. He admitted that on two occasions he transported cocaine and methamphetamine from Las Vegas to Billings.
Renova-Castillo pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that she will likely serve all of the time imposed by the court. In the federal system, she does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation Task Force.
Michael Dwaine Freeman Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on December 9, 2013, before Chief U.S. District Judge Dana L. Christensen, MICHAEL DWAINE FREEMAN, a 64-year-old resident of Anaconda, was sentenced to a term of:
- ison: 210 months
- ecial Assessment: $100
- rfeiture: cell phone
- pervised Release: 10 years
FREEMAN was sentenced in connection with his guilty plea to sexual exploitation of children (production of child pornography).
In an Offer of Proof filed by Assistant U.S. Attorney Cyndee L. Peterson, the government stated it would have proved at trial the following:
In August 2012, Anaconda-Deer Lodge County Law Enforcement investigated complaints against FREEMAN for having inappropriate contact with children.
As part of the investigation, detectives searched FREEMAN's residence in Anaconda. A cell phone was seized during the search. When a detective checked the phone for power, the detective saw a close-up image of a young child's genital area (set as the cell phone's wallpaper or home page).
FREEMAN was arrested and interviewed at the jail. He admitted he took the photograph of the child's genital area that was on his cell phone. The child was born in 2009. FREEMAN explained he took the photo a few days earlier while changing her diaper and said there would be other images of the child on the phone as well.
The cell phone was forensically examined and the examiner found the home screen as described by FREEMAN. The examiner located additional images of the child which also depicted sexually explicit conduct. The images were produced between January 31, 2012, and July 29, 2012.
This case underscores the importance of local, state, and federal law enforcement working together towards a common goal of protecting the community. The efforts of the Anaconda law enforcement identifying a dangerous pedophile and then requesting the assistance of the Montana Internet Crimes Against Children Task Force has protected other children in the community from victimization." said U.S. Attorney Michael C. Cotter.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that FREEMAN will likely serve all of the time imposed by the court. In the federal system, FREEMAN does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Montana Internet Crimes Against Children Task Force (ICAC), the Montana Department of Criminal Investigation, and the Anaconda-Deer Lodge County Law Enforcement Department.
Scott Arthur Parent Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on December 6, 2013, before U.S. District Judge Donald W. Molloy, SCOTT ARTHUR PARENT, a 54-year-old resident of Lincoln, was sentenced to a term of:
- ison: 30 months
- ecial Assessment: $100
- pervised Release: 5 years
PARENT was sentenced in connection with his guilty plea to failure to register as a sexual offender.
In an Offer of Proof filed by Assistant U.S. Attorney Timothy J. Racicot, the government stated it would have proved at trial the following:
In August 2011, the United States Marshals Service received information that PARENT was believed to have left the State of Oregon and had been residing in the Lincoln area.
In 1996, PARENT was convicted of attempted rape in the State of Oregon. PARENT was advised that he was required to register as a sexual offender.
Upon release from prison, PARENT registered as a sex offender in Oregon. As part of the sex offender registration process, PARENT acknowledged his requirement as a sex offender to notify the appropriate authorities of any change of address, including relocation out of state. PARENT last registered in Oregon in 2004, and had failed to register anywhere since that time. PARENT ultimately traveled to Montana in approximately 2010, where he resided in Lincoln. PARENT failed to notify the appropriate authorities in Montana upon arrival.
The Montana Sexual and Violent Offender Registry confirmed that PARENT did not register as required by law. PARENT was required to register under the Sexual Offender Registration and Notification Act due to his conviction in Oregon. The Montana Sexual and Violent Offender Registry confirmed that PARENT was currently out of compliance with Montana's Sexual Offender Registry requirements and had been so since entering Montana in approximately 2010.
Because there is no parole in the federal system, the truth in sentencing guidelines mandate that PARENT will likely serve all of the time imposed by the court. In the federal system, PARENT does have the opportunity to earn a sentence reduction for good behavior. However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the United States Marshals Service.
Patrick Fay McMullen Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on December 4, 2013, before U.S. District Judge Donald W. Molloy, PATRICK FAY McMULLEN, a 31-year-old resident of McKinleyville, California, was sentenced to a term of:
- obation: 5 years, with 12 months house arrest
- ecial Assessment: $100
He was sentenced in connection with his guilty plea to conspiracy to possess with the intent to distribute marijuana.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
From the summer of 2008, until the summer of 2010, Joseph Chartraw organized and profited from a marijuana distribution network across Montana. Chartraw had numerous distributors and drug couriers in Montana. Chartraw's source of supply was identified by law enforcement as being in California. Chartraw used his cellular telephone to communicate with everyone in his distribution organization -- including his sources of supply in California.
Chartraw's first connection to a group of marijuana growers and distributors in California was Kirk Felhaber. Felhaber would bring together multiple growers at his home whenever Chartraw or one of his couriers would be arriving in California. Felhaber would have several individuals bring their marijuana to his home for redistribution to Chartraw or one of his couriers. McMULLEN, James Baltierra, Gregory Harris, and Henry Combs had several grow operations in Californian and were one of the sources of supply for Chartraw through Felhaber. Felhaber was the primary contact for the group and Chartraw until Felhaber refused to provide Chartraw with a title for a vehicle he had sold him. Felhaber then took a lesser role in the distribution-- he continued to participate -- just in a lesser degree.
At that point McMULLEN, Felhaber's grandson, took over the organization of deliveries to Chartraw's organization. McMULLEN was business partners with Baltierra. McMULLEN and Baltierra continued to distribute to Chartraw until the Summer of 2010 when Chartraw was arrested in Billings.
Evidence would have proven that more than 100 kilograms of marijuana was possessed by the conspiracy with the intent to distribute.
Chartraw, Harris, Combs, Felhaber, and Baltierra pled guilty to federal charges.
The investigation was conducted by the Federal Bureau of Investigation's Big Sky Safe Streets Task Force.
Kevin Scott Nessland Found Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that on December 2, 2013, in Missoula, after a federal district court bench trial before Chief U.S. District Judge Dana L. Christensen held on November 27, 2013, KEVIN SCOTT NESSLAND, a 41-year-old resident of Bozeman, was found guilty of (3) counts of receipt of child pornography. Sentencing is set for March 6, 2014. He is currently detained.
At trial, the following evidence and testimony were presented.
On October 17, 2011, the Bozeman Police Department began a criminal investigation which involved the surreptitious visual observation of two victims in Bozeman. The suspect was NESSLAND.
When the investigation commenced, NESSLAND left the Bozeman area. When NESSLAND left Bozeman, he took some of his computers and equipment from his residence.
On October 18, 2011, NESSLAND spoke to a Bozeman Police detective by phone and the conversations were recorded. During one of the phone conversations, NESSLAND told the detective that he has sex addiction issues and was on his way to a treatment facility out of state. NESSLAND also indicated that he had a computer with him in his vehicle.
On October 18, 2011, the Bozeman Police Department obtained a search warrant for NESSLAND's residence and served the warrant the same day. Photographs of the residence were taken. Law enforcement seized several computers, electronic storage devices and other items. Law enforcement also determined that computers had been removed from the residence prior to the search. A warrant for NESSLAND's arrest was issued.
On November 7, 2011, NESSLAND was located by law enforcement in Idaho. Blackfoot Police officers responded to NESSLAND's vehicle. NESSLAND was located in his vehicle during a suicide attempt. Officers had to break the window of NESSLAND's vehicle, and he was transported from the scene via ambulance.
The contents of the vehicle were inventoried, which included computers, external storage devices and other items. After they learned of the Montana arrest warrant, Blackfoot Police advised the Bozeman Police Department of the items in their custody. The computer and other electronic devices were transferred to the Bozeman Police Department.
On November 7, 2011, a detective began an initial review of the computers, a camera, and storage devices. While the detective was looking for evidence of the crime of surreptitious visual observation/recordation and burglary, he found images of child pornography. All the computers and electronic devices were then sent to the Montana DCI Computer Crime Lab for forensic examination. This included the devices seized from NESSLAND's residence and vehicle.
A Certified Forensic Computer Examiner located more than 1,700 files which were visual depictions of minors engaged in sexually explicit conduct. The image files were located on multiple external storage devices, and were created between February 2007 and September 2010.
Assistant U.S. Attorney Cyndee L. Peterson prosecuted the case for the United States.
NESSLAND faces possible penalties of a mandatory minimum of 5 years in prison and could be sentenced to 20 years, a $250,000 fine, and lifetime supervision for each of the (3) counts.
The investigation was a cooperative effort between the Montana Internet Crimes Against Children Task Force (ICAC), the Bozeman Police Department, the Montana Department of Criminal Investigation, and the Idaho Blackfoot City Police Department.
Donald William Forrest Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on December 6, 2013, before Chief U.S. District Judge Dana L. Christensen, DONALD WILLIAM FORREST, a 51-year-old resident of Butte, was sentenced to a term of:
- ison: 16 months
- ecial Assessment: $100
- pervised Release: 5 years
FORREST was sentenced in connection with his guilty plea to possession with the intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Bryan R. Whittaker, the government stated it would have proved at trial the following:
On August 23, 2011, a confidential informant (CI) met with FORREST at a gas station in Rocker to purchase methamphetamine. The CI had prearranged to meet FORREST at this location. The CI approached FORREST's 1992 two-tone grey and white Ford extended cab pickup truck and got inside. FORREST and the CI circled the parking lot for approximately two minutes. The CI paid FORREST $280 in exchange for two grams of methamphetamine. FORREST had the methamphetamine sitting on the center console of his truck as he had done in previous deals. FORREST gave the CI a Premium Blend red cigarette pack which contained approximately two grams of individually wrapped methamphetamine. The CI turned the cigarette pack and the methamphetamine over to law enforcement agents who were observing the transaction.
On August 29, 2011, the CI again met with FORREST in Rocker to purchase methamphetamine. The CI had prearranged to meet FORREST at this location. The CI approached FORREST's truck and got inside. The CI paid FORREST $280 in prerecorded U.S. currency in exchange for two grams of methamphetamine. FORREST counted the money and had the methamphetamine sitting on the center console of his truck. FORREST gave the CI a Camel cigarette pack which contained the two grams of individually wrapped methamphetamine. The CI turned the cigarette pack and the methamphetamine over to law enforcement agents. Multiple law enforcement agents witnessed the transaction. The CI also wore an electronic recording device which recorded the transaction between the CI and FORREST.
On September 7, 2011, the CI made arrangements with FORREST to meet with an undercover agent (UA) and sell him 6.5 grams of methamphetamine for $900. FORREST agreed to the sale and instructed the CI to have the UA meet him behind a store in Butte. The UA met with FORREST in the store's parking lot. FORREST told the agent that he was only able to get 2 grams of methamphetamine instead of the expected 6.5 grams. The agent purchased the 2 grams of methamphetamine from FORREST for $300. FORREST gave the agent an Old Gold cigarette pack that was sitting on the center console between them which contained two individually wrapped baggies inside. The transaction was electronically recorded and observed by multiple law enforcement agents.
On September 22, 2011, the agent again met with FORREST behind the store in Butte. The agent purchased what he thought to be 4.5 grams of methamphetamine from FORREST for $600. After the agent left the transaction, the methamphetamine was weighed at only 3.3 grams. The transaction was electronically recorded and observed by multiple law enforcement agents. The agent later called FORREST to complain about the missing amount of methamphetamine wherein FORREST apologized and promised to make it right.
On December 27, 2011, FORREST indicated to the agent that he could conduct a drug transaction for approximately 1 oz. of methamphetamine for $2,400. The agent instead offered to buy 1/2 oz. of methamphetamine for $1,300. The following day the agent met with FORREST at a saloon in Montana City. FORREST got into the agent's vehicle to conduct the transaction. FORREST pulled a plastic baggie from his left front shirt pocket and provided 1/2 oz. of methamphetamine to the agent for the agreed upon price. The transaction was electronically recorded and observed by multiple law enforcement agents.
On January 21, 2013, FORREST again met the agent at the saloon where he sold the agent approximately 2 oz. of methamphetamine for $4,800. The transaction was electronically recorded and observed by multiple law enforcement agents.
Law enforcement agents sent all the methamphetamine to the DEA laboratory for testing. A DEA chemist would have testified that the total amount of actual (pure) methamphetamine sold by FORREST to the CI and the agent was more than 68 grams
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that FORREST will likely serve all of the time imposed by the court. In the federal system, FORREST does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation, the Montana Division of Criminal Investigation, and the Southwest Montana Drug Task Force.
Informational: Federal Court Initial AppearancesRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on December 6, 2013, before U.S. Magistrate Judge Keith Strong, the following individuals were arraigned:
BRUCE JOHN DENNY, a 55-year-old resident of Box Elder, appeared on a charge of sexual abuse. He is currently detained. If convicted of this charge, DENNY faces possible penalties of life in prison, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Danna R. Jackson is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
GARRETT KIRBY LAFROMBOISE, age 21, and CECILIA ROSE GARDIPEE, age 22, residents of Box Elder, appeared on charges of second degree murder and assault resulting in serious bodily injury. They are currently detained. If convicted of these charges, they each face possible penalties of life in prison, a $250,000 fine, and 5 years supervised release. Assistant U.S. Attorney Danna R. Jackson is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
ZACKARIA JULY CRAWFORD, a 22-year-old resident of Browning, appeared on charges of strangulation and assault resulting in serious bodily injury. He is currently detained. If convicted of these charges, CRAWFORD faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release on each charge. Assistant U.S. Attorney Ryan G. Weldon is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on December 6, 2013, before U.S. Magistrate Judge Keith Strong, the following individual was arraigned:
KEVIN LEWIS JOUBERT, a 43-year-old resident of Bozeman, appeared on a charge of receipt of child pornography. He is currently detained. If convicted of this charge, JOUBERT faces possible penalties of a mandatory minimum of 15 years in prison and could be sentenced to 40 years, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Cyndee L. Peterson is the prosecutor for the United States. The investigation was a cooperative effort between the Montana Internet Crimes Against Children Task Force (ICAC), the Bozeman Police Department, and the U.S. Department of Homeland Security - Homeland Security Investigations.
The defendant pled not guilty to the charge.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Brad Charles Fisher, an Insurance Salesman Convicted of Tax Evasion, Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Helena, on December 3, 2013, before Senior U.S. District Judge Charles C. Lovell, BRAD CHARLES FISHER, 51, a former resident of Helena and a current resident of Kenmore, Washington, was sentenced to a term of:
- ison: 45 months
- ecial Assessment: $100.00
- stitution: $729,794.16
- pervised Release: 3 years
FISHER was sentenced after a federal district court trial in which he was found guilty of attempt to evade or defeat income tax.
Assistant U.S. Attorney Chad C. Spraker and Department of Justice Tax Trial Attorney Joseph Rillotta prosecuted the case for the United States.
At trial, the following evidence and testimony was presented to the jury.
From April 2006 until January 2008, FISHER attempted to evade and defeat the payment of an income tax due and owing by him to the United States for the calendar years 2001 to 2006 by concealing and attempting to conceal from the Internal Revenue Service the nature and extent of his assets and by making false statements to Internal Revenue Service agents.
From 2001 through 2006, FISHER earned substantial amounts of income by selling insurance products. However, FISHER did not file any tax returns for these years until mid-2006. After IRS commenced a civil audit of FISHER for the 2001-03 tax years, and later sent him a notice of tax deficiency for this period, FISHER eventually filed his 2001-06 returns. In these tax returns, FISHER reported that he earned income and owed tax. However, contrary to his accountant(s instruction, he only paid a small portion of his tax due. By FISHER's own estimation, he owed a total of about $444,761 in tax for 2001-06 (not including interest and penalties). He paid a total of about $44,444. Accordingly, IRS referred this case to its Collections Division. An IRS agent was assigned to collect FISHER's back taxes, and he contacted FISHER in April 2006 to initiate the collections process. The agent asked that FISHER fill out a Collection Information Statement, which calls for the taxpayer to disclose his assets.
When the agent first met with FISHER on May 9, 2006, FISHER provided a partially filled out Collection Information Statement. Because the form did not list any motor vehicles, the agent asked FISHER what motor vehicles he owned. FISHER listed several cars, but failed to mention four to which he held title at the time: a 1967 Chevrolet Corvette, a 1974 Chevrolet Nova, a 1996 GMC K-1500, and a 1999 Chevrolet Tahoe. FISHER also failed to mention a 2004 Chaparral boat that he owned, until the agent inquired about a reference to a boat in FISHER's bank records during a later meeting. Even then, FISHER said he had "no equity" in the boat, when in fact he sold it shortly thereafter and received $17,227 net of encumbrances.
In late 2006, as it became apparent that FISHER was not selling assets voluntarily, the IRS began to take steps to levy certain of his assets. On April 9, 2007, FISHER sent a second Collection Information Statement to the agent. Again, however, it failed to disclose a vehicle that FISHER owned, this time a 2007 Chevrolet Silverado that he had recently purchased. As IRS Collections proceeded toward seizure of FISHER's assets, FISHER filed for bankruptcy on November 14, 2007. It was only during a subsequent bankruptcy hearing that the agent learned about the vintage classic cars that FISHER had previously concealed.
In addition to the agent's testimony and presentation of Department of Motor Vehicles (DMV) records concerning the concealed vehicles, the government offered testimony from the persons that sold certain cars (and the boat) to FISHER, as well as from the buyers who later purchased the vehicles from him. FISHER's travel agent also testified that, during the time his tax debt was outstanding, FISHER purchased expensive vacation packages instead, belying any suggestion that FISHER attempted to pay his debt in good faith.
The vast majority of American citizens pay their taxes when due. Mr. Fisher did not. A jury convicted him of willfully evading hundreds of thousands of dollars in tax liability. Today, Mr. Fisher was sentenced to 45 months in federal prison for his crime, which will serve as a deterrent to others who evade their tax liability." U.S. Attorney Michael W. Cotter.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that FISHER will likely serve all of the time imposed by the court. In the federal system, FISHER does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Criminal Investigation Division of the Internal Revenue Service.
Sylvia Canales-Pierson Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on November 26, 2013, before Chief U.S. District Judge Dana L. Christensen, SYLVIA CANALES-PIERSON, a 50-year-old resident of Seattle, Washington, was sentenced to a term of:
- ison: 24 months
- ecial Assessment: $100
- pervised Release: 5 years
CANALES-PIERSON was sentenced in connection with her guilty plea to conspiracy to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Tara J. Elliott, the government stated it would have proved at trial the following:
On October 28, 2011, during the execution of a Montana state search warrant, a Montana Highway Patrol Trooper and a Special Agent with the DEA seized $175,060 and approximately one half pound of methamphetamine from a concealed aftermarket compartment of a Toyota truck driven by CANALES-PIERSON. Donald Leroy Rickards was a passenger in the vehicle. The drugs were later tested by the DEA laboratory which indicated that they contained well over 50 grams of pure methamphetamine.
The agent detained CANALES-PIERSON and her sister, Maria Dolores Ramsdell, after they attempted to retrieve the truck from the Montana Highway Patrol. When interviewed, CANALES-PIERSON indicated that, under the direction of her niece she had been transporting bulk currency and/or methamphetamine about every two weeks since approximately October of 2010 between Kelso, Washington; Minneapolis, Minnesota; and San Jose, California. CANALES-PIERSON stated that her niece had made arrangements on this most recent trip for her to take the Toyota truck. CANALES-PIERSON stated that her niece paid $7,000 on average to her for making each trip, that her boyfriend Rickards had traveled with her during a majority of the trips to keep her company and to share the driving, and that CANALES-PIERSON paid Rickards about $2,000 for taking the trips with her. CANALES-PIERSON stated that she had taken her first trip in October of 2010 with her sister, Ramsdell, who had made prior trips at CANALES-PIERSON's niece's direction from Kelso, Washington, to Minneapolis, Minnesota, then to San Jose, California, back to Minneapolis, and then back to Kelso.
When interviewed, Ramsdell provided statements that were consistent with CANALES-PIERSON's statement, confirming her own involvement in and knowledge of the transportation of methamphetamine and/or bulk currency at the direction of CANALES-PIERSON's niece.
Rickards also made a statement which was consistent with CANALES-PIERSON's statement and confirmed his involvement in and knowledge of the transportation of methamphetamine and/or bulk currency at the direction of the niece.
Ramsdell and Rickards pled guilty to federal charges.
Because there is no parole in the federal system, the truth in sentencing guidelines mandate that CANALES-PIERSON will likely serve all of the time imposed by the court. In the federal system, CANALES-PIERSON does have the opportunity to earn a sentence reduction for good behavior. However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the High Intensity Drug Task Force and the Drug Enforcement Administration.
Dustin Berg Panian Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on November 26, 2013, before Chief U.S. District Judge Dana L. Christensen, DUSTIN BERG PANIAN, a 25-year-old resident of Missoula, was sentenced to a term of:
- ison: 12 months and 1 day
- ecial Assessment: $100
- pervised Release: 5 years
PANIAN was sentenced in connection with his guilty plea to conspiracy to distribute cocaine and heroin.
In an Offer of Proof filed by Assistant U.S. Attorney Tara J. Elliott, the government stated it would have proved at trial the following:
Beginning in approximately the spring of 2011 and continuing through February of 2013, PANIAN, Mackenzie Richard Keene Joiner, and Austin Leo Timothy Hagman distributed cocaine throughout the Missoula area. A CI (CI 1) would have testified that each defendant received more than 500 grams of cocaine from him/her during this period for redistribution in Missoula. A second CI (CI 2) would have testified and confirmed this information.
Finally, a third CI (CI 3) would have testified to receiving narcotics from Joiner and would have further testified that s/he knew that Joiner and Hagman worked together and that they and PANIAN received their drugs from CI 1.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, they do have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Sean Michael Vaira Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on November 26, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, SEAN MICHAEL VAIRA, a 30-year-old resident of Billings, pled guilty to possession with intent to distribute methamphetamine. Sentencing has been set for March 13, 2014. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Joseph E. Thaggard, the government stated it would have proved at trial the following:
In early 2013, the Montana Division of Criminal Investigation (MDCI), the Drug Enforcement Administration (Drug Enforcement Administration), and Sidney Police Department began to investigate a drug trafficking network operating in Sidney and Fairview. That investigation revealed VAIRA was involved in the drug trafficking network;
On August 7, 2013, when interviewed by MDCI agents, VAIRA stated that, in approximately December 2012, he met a methamphetamine dealer based in Sidney.a VAIRA stated that between approximately late December 2012 or early January 2013 and mid-March 2013, he drove that drug dealer to meetings in Butte and Missoula at which the drug dealer obtained a total of approximately one and one-half pounds of methamphetamine and which the drug dealer then distributed in Big Timber and Sidney.
VAIRA stated that in approximately mid-April 2013, he obtained approximately seven grams of methamphetamine from a drug dealer in Fairview and distributed the methamphetamine.
VAIRA stated that, several days later, at the behest of that drug dealer, he drove to Butte and obtained one-half pound of methamphetamine. VAIRA stated he drove that methamphetamine to Sidney and distributed some of the drugs to the Fairview-based drug dealer and some of the drugs to others he knew in the Sidney area.
VAIRA stated that several days later, he drove to Butte and obtained another half-pound of methamphetamine, which he later distributed to the Fairview-based drug dealer and other drug dealers in the Sidney area.
VAIRA faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $1,000,000 fine, and 3 years supervised release. .
Today's change of plea is a product of diligent work by the very dedicated agents who have been joined together under the banner of Project Safe Bakken. As the work of this team - which includes law enforcement professionals from all branches of local, state, and federal law enforcement - goes forward, the people of Montana and North Dakota can expect more cases from affected communities. That is the mission and commitment of Project Safe Bakken." said U.S. Attorney Michael W. Cotter.
This investigation was a part of Project Safe Bakken, which is a cooperative effort between the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Bureau of Indian Affairs (BIA), the U.S. Border Patrol, the U.S. Marshals Service, the Environmental Protection Agency Criminal Investigation Division (EPA-CID), the Department of Homeland Security (DHS), the Montana Division of Criminal Investigation (MDCI), the Montana Highway Patrol, the North Dakota Bureau of Criminal Investigation (BCI), the Billings Police Department, the Yellowstone County Sheriff's Office, the Sidney Police Department, and the Idaho State Police.
Wilkerson P. Phillips, Sr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Helena, on November 21, 2013, before Senior U.S. District Judge Charles C. Lovell, WILKERSON P. PHILLIPS, SR., a 50-year-old resident of Louisiana, was sentenced to a term of:
- obation: 5 years
- ecial Assessment: $100
PHILLIPS was sentenced in connection with his guilty plea to the acquisition of controlled substances by misrepresentation, fraud, and deception.
In an Offer of Proof filed by Assistant U.S. Attorney Timothy J. Racicot, the government stated it would have proved at trial the following:
PHILLIPS was a Certified Registered Nurse Anesthetist ("CRNA") working on a contract basis at the Fort Harrison Veterans Affairs Medical Center ("VAMC") acute care medical-surgical facility. At that facility, much of the anesthesia care is provided by CRNAs under the supervision of staff anesthesiologists and surgeons.
CRNAs are able to access prescription medications for use in patients' pre-, post-, and inter-operative care through the use of the "Omnicell" automated drug-dispensing machine. The Omnicell provides a secure method of storage, and requires staff to authenticate and record the removal, return, waste, and inventory of the stocked medications, which include multiple Schedule II and III controlled substances such as hydromorphone, fentanyl citrate, and ketamine.
PHILLIPS used his access to the Omnicell to withdraw certain prescription drugs associated with his CRNA responsibilities for patient anesthesia care. In May and June 2011, PHILLIPS was diverting prescription medications from the Fort Harrison VAMC for his own unauthorized use. Investigators discovered and seized physical evidence from the VAMC and from PHILLIPS' person, car, and hotel room, including used syringes, vials that contained controlled substances, and other drug paraphernalia. The drugs corresponded to items that were unaccounted for in PHILLIPS' Omnicell transaction records. On June 15, 2011, PHILLIPS admitted to diverting drugs for his own use and described in some detail how he obtained the drugs from the Omnicell system.
The investigation was conducted by the U.S. Department of Veterans Affairs - Office of Inspector General.
Steven C. Munson Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on November 22, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, STEVEN C. MUNSON, a 61-year-old resident of Bozeman, pled guilty to theft from an employee benefit plan. Sentencing has been set for March 24, 2014. He is currently released on special conditions.
In an Offer of Proof filed by Assistant U.S. Attorney Timothy J. Racicot, the government stated it would have proved at trial the following:
During the time period relevant to the charges in the Indictment, MUNSON was the sole owner of DDCS Express, Inc., a postal service provider based in Bozeman. DDCS operated mail routes pursuant to contracts with the U.S. Postal Service ("USPS"). DDCS sponsored an employee benefit plan - the DDCS Express, Inc. 401(k) Plan. The Plan was defined by ERISA as an employee benefit plan. DDCS was the Plan's administrator and sponsor and MUNSON was the Plan's trustee. The Plan allowed employees to make voluntary contributions through salary deductions. In addition, the Plan was to receive fringe benefit contributions from the USPS contracts, as each contract expressly required that DDCS make fringe benefit payments to each employee for all hours worked. The Plan was previously administered by Montana Pension Administration, Inc., and American Funds was the Plan's previous record-keeper, but both entities resigned in 2008 due to DDCS's deficient performance.
On July 16, 2010, the Employee Benefits Security Administration ("EBSA") received a complaint from a DDCS employee that MUNSON had not deposited the required amounts into the Plan and had not filed the required reports disclosing the financial conditions of the Plan. The EBSA opened an investigation and determined MUNSON did not make any deposits into the Plan from January 2007 through June 2010. He also failed to pay his employees all of the fringe benefits due and owing and eventually liquidated the 401(k) plan but did not return the remaining funds to his employees. The total amount of loss attributable to MUNSON's conduct is approximately $70,770.52, which is broken down as follows: $2,652.25 in unpaid contributions to the Plan, $46,219.28 in unpaid fringe benefits, and $21,898.99 in funds removed from the liquidated Plan account and not remitted to employees.
During the same period of time that he failed to fund and manage the Plan, MUNSON paid himself considerable sums of money. He wrote himself approximately $744,000 in company checks during the relevant time period.
MUNSON faces possible penalties of 5 years in prison, a $250,000 fine, and 3 years supervised release.
The investigation was conducted by the U.S. Department of Labor - Employee Benefits Security Administration.
Michael Thomas Bad Old Man Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on November 22, 2013, before Chief U.S. District Judge Dana L. Christensen, MICHAEL THOMAS BAD OLD MAN, a 21-year-old resident of Cut Bank and an enrolled member of the Blackfeet Tribe, was sentenced to a term of:
- ison: 27 months, concurrent with another sentence
- ecial Assessment: $100
- pervised Release: 3 years
BAD OLD MAN was sentenced in connection with his guilty plea to burglary.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
On February 4, 2012, "Jane Doe" was in Great Falls because her father was in the hospital. Three individuals walked by her residence in Browning, which was located within the exterior boundaries of the Blackfeet Indian Reservation.
On February 4, 2012, a neighbor was out on his porch and observed three male individuals walking by his neighbor's residence. While he saw the three individuals walking by the residence, he did not see them pass by. He then heard three kicks and he knew that someone was breaking into "Jane Doe's" residence. He told his wife to call their son who is an officer with the Blackfeet Law Enforcement Services.
His wife called their son and then she grabbed her camera. When their son, the officer, pulled up the officer and the neighbor went into "Jane Doe's" residence. The neighbor's wife then took pictures of all three individuals running out of the house. The burglary occurred in broad daylight.
The individuals who broke into the house then climbed the fence, and one escaped. BAD OLD MAN and "X.X." were caught. BAD OLD MAN had items in his pockets. While waiting for law enforcement to arrive, BAD OLD MAN stated that he was going to kill the neighbor and the officer when he gets out of jail.
After backup arrived, the officer took pictures of "Jane Doe's" front door to the residence. The door was damaged. The officer stated that he was able to identify all three defendants by name when he saw them in the residence.
While at jail, a detention officer patted down BAD OLD MAN and found numerous earrings, a knife, a zippo lighter, a metal box, a heart-shaped ring, two NFL star earrings, a pink wrist band with pendant, and a rosary with a white pendant. These items were photographed.
Jane Doe" identified the items that were found on BAD OLD MAN as belonging to her. "Jane Doe's" daughter explained that BAD OLD MAN was in her house before and knew that it was "Jane Doe's" house. "Jane Doe's" daughter estimated that BAD OLD MAN had been in the house approximately five times.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BAD OLD MAN will likely serve all of the time imposed by the court. In the federal system, BAD OLD MAN does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Bureau of Indian Affairs.
Kera Dawn Evans Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in , on November 22, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, KERA DAWN EVANS "a/ka/ Kera Dawn Hoots", a 30-year-old resident of Big Timber, pled guilty to possession with intent to distribute methamphetamine. Sentencing has been set for March 13, 2014. She is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Joseph E. Thaggard, the government stated it would have proved at trial the following:
In early 2013, the Montana Division of Criminal Investigation (MDCI), the Drug Enforcement Administration (DEA) and Sidney Police Department began to investigate a drug trafficking network operating in Sidney and Fairview, as well as other locations in Montana. The investigation revealed EVANS was involved in that drug trafficking network.
On March 1, 2013, EVANS sold one ounce of purported methamphetamine to an undercover MDCI agent in a transaction which occurred in Bozeman. A DEA chemist later analyzed the substance and concluded it contained 28.1 grams of actual methamphetamine.
On March 6, 2013, EVANS sold one ounce of purported methamphetamine to an undercover MDCI agent in a transaction that occurred in Livingston. A DEA chemist later analyzed the substance and concluded it contained 27.9 grams of actual methamphetamine.
On March 11, 2013, EVANS sold approximately 55 grams of purported methamphetamine to an undercover MDCI agent in a transaction that occurred in Billings. A DEA chemist later analyzed the substance and concluded it contained 54.6 grams of actual methamphetamine.
On March 14, 2013, EVANS agreed to sell more methamphetamine to the undercover MDCI agent. Thereafter, law enforcement officers stopped a vehicle in which EVANS was driving in Columbus. The officers seized approximately 223 grams of suspected methamphetamine from the vehicle. A DEA chemist later analyzed the substance and concluded it contained approximately 219 grams of actual methamphetamine.
EVANS faces possible penalties of ? years in prison, a $250,000 fine, and 3 years supervised release.
Today's change of plea is a product of diligent work by the very dedicated agents who have been joined together under the banner of Project Safe Bakken. As the work of this team - which includes law enforcement professionals from all branches of local, state, and federal law enforcement - goes forward, the people of Montana and North Dakota can expect more cases from affected communities. That is the mission and commitment of Project Safe Bakken." said U.S. Attorney Michael W. Cotter.
This investigation was a part of Project Safe Bakken, which is a cooperative effort between the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Bureau of Indian Affairs (BIA), the U.S. Border Patrol, the U.S. Marshals Service, the Environmental Protection Agency Criminal Investigation Division (EPA-CID), the Department of Homeland Security (DHS), the Montana Division of Criminal Investigation (MDCI), the Montana Highway Patrol, the North Dakota Bureau of Criminal Investigation (BCI), the Billings Police Department, the Yellowstone County Sheriff's Office, the Sidney Police Department, the Sweet Grass County Sheriff's Office, and the Idaho State Police.
James Leroy Daniel Baltierra and Kirk Von Felhaber Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on November 21, 2013, before U.S. District Judge Donald W. Molloy, JAMES LEROY DANIEL BALTERRA, age 31, and KIRK VON FELHABER, age 55, residents of McKinleyville, California, were sentenced.
BALTERRA received the following sentence:
- obation: 5 years - (1 year house arrest)
- ecial Assessment: $100
FELHABER received the following sentence:
- Ison: 6 months (house arrest)
- ecial Assessment: $100
- pervised Release: 3 years
They were sentenced in connection with their guilty pleas to conspiracy to possess with the intent to distribute marijuana.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
From the summer of 2008, until the summer of 2010, Joseph Chartraw organized and profited from a marijuana distribution network across Montana. Chartraw had numerous distributors and drug couriers in Montana. Chartraw's source of supply was identified by law enforcement as being in California. Chartraw used his cellular telephone to communicate with everyone in his distribution organization - including his sources of supply in California.
Chartraw's first connection to a group of marijuana growers and distributors in California was FELHABER. FELHABER would bring together multiple growers at his home whenever Chartraw or one of his couriers would be arriving in California. FELHABER would have several individuals bring their marijuana to his home for redistribution to Chartraw or one of his couriers. Patrick McMullen, BALTIERRA, Gregory Harris, and Henry Combs had several grow operations in Californian and were one of the sources of supply for Chartraw through FELHABER. FELHABER was the primary contact for the group and Chartraw until FELHABER refused to provide Chartraw with a title for a vehicle he had sold him. FELHABER then took a lesser role in the distribution - he continued to participate - just in a lesser degree.
At that point McMullen, FELHABER's grandson, took over the organization of deliveries to Chartraw's organization. McMullen was business partners with BALTIERRA. McMullen and BALTIERRA continued to distribute to Chartraw until the Summer of 2010 when Chartraw was arrested in Billings.
Evidence would have proven that more than 100 kilograms of marijuana was possessed by the conspiracy with the intent to distribute.
Chartraw, Harris, McMullen, and Combs pled guilty to federal charges.
The investigation was conducted by the Federal Bureau of Investigation's Big Sky Safe Streets Task Force.
Blair Chiefstick Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on November 21, 2013, before Chief U.S. District Judge Dana L. Christensen, BLAIR CHIEFSTICK, a 22-year-old resident of Box Elder, was sentenced to a term of:
- ison: 87 months
- ecial Assessment: $100
- pervised Release: 10 years
CHIEFSTICK was sentenced in connection with his guilty plea to aggravated sexual abuse.
In an Offer of Proof filed by Assistant U.S. Attorney Danna R. Jackson, the government stated it would have proved at trial the following:
On September 2, 2012, after a night of huffing gasoline and drinking beer, CHIEFSTICK went to L.C.'s house. L.C.,J.C., and two children were at the home. CHIEFSTICK knocked on J.C.(s door and asked for some beer. CHIEFSTICK then grabbed J.C. by the ankles and drug her to another bedroom. He locked the door, pushed J.C. onto the floor, poured gasoline on J.C., and yelled that they were going to burn and die. CHIEFSTICK then sexually abused J.C.
CHIEFSTICK was arrested the next day. When interviewed, CHIEFSTICK told law enforcement that he knocked on J.C.(s door and asked for beer. He admitted that he pulled J.C. to the master bedroom. CHIEFSTICK recalled an altercation with L.C. and recalled jumping out a window and running away because he did not want to be caught by the police.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that CHIEFSTICK will likely serve all of the time imposed by the court. In the federal system, CHIEFSTICK does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Phillip Dennis Keith Found Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney(s Office announced that on November 20, 2013, in Billings, after a federal district court trial before District of Wyoming U.S. District Judge Scott W. Skavdahl, PHILLIP DENNIS KEITH, a 66-year-old resident of Billings, was found guilty of false statements to a federally insured banking institution. A sentencing date will be set at a later time. He is currently released on special conditions.
At trial, the following evidence and testimony was presented to the jury:
Representatives of Wells Fargo Bank, Rocky Mountain Bank, and First Citizen's Bank (now Western Security Bank) explained that KEITH pledged one of his liquor licenses as collateral for loans at all three banks, falsely telling each bank that the liquor license was free and clear of liens. KEITH needed the loans to complete his development of the 12th Planet Nightclub at the Rimrock Mall.
Assistant U.S. Attorneys Kris A. McLean and Brendan P. McCarthy prosecuted the case for the United States.
KEITH faces possible penalties of 30 years in prison, a $1,000,000 fine and 5 years supervised release.
The investigation was conducted by the Federal Bureau of Investigation.
John Ryan Hugs Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on November 20, 2013, before U.S. District Judge Donald W. Molloy, JOHN RYAN HUGS, a 33-year-old resident of St. Xavier, was sentenced to a term of:
Probation: 4 years
Special Assessment: $10
HUGS was sentenced after a federal district court trial in which he was found guilty of assault by beating, striking, or wounding. Assistant U.S. Attorney Lori Harper Suek prosecuted the case for the United States.
The investigation was conducted by the Federal Bureau of Investigation.
Blayne Kyle Brady Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on November 20, 2013, before U.S. District Judge Donald W. Molloy, BLAYNE KYLE BRADY, a 22-year-old resident of Lame Deer and an enrolled member of the Northern Cheyenne Tribe, was sentenced to a term of:
- ison: 30 months
- ecial Assessment: $100
- stitution: $534
- pervised Release: 3 years
BRADY was sentenced in connection with his guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
On October 18, 2012, the victim was found by a motorist on the side of Highway 212 near mile marker 8 on the Crow Indian Reservation. He was seriously injured. Police and medical personnel arrived and transported him to the Crow/Northern Cheyenne Indian Health Service Emergency Room, and then transferred him to the Billings Clinic due to the severity of the injuries to his eyes.
Law enforcement conducted interviews and learned that the assault occurred after BRADY and the victim started arguing as they were sitting in the backseat of a car. BRADY and the victim then got out of the car and started fighting on the side of the road.
When interviewed, BRADY admitted that, although his memory of the assault is sketchy because he was intoxicated, he does remember that he hurt the victim badly. BRADY indicated that there was some tension between his family and the victim's family. Because of his level of intoxication, though, the victim has no memory of how he was injured.
The victim suffered serious injuries to both of his eyes. He lost some vision in one eye and is blind in the other. The injuries are consistent with BRADY gouging the eyes of the victim with his thumbs.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BRADY will likely serve all of the time imposed by the court. In the federal system, BRADY does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Bureau of Indian Affairs.
Thomas Andrew Quinton Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on November 12, 2013, before U.S. Magistrate Judge Keith Strong, THOMAS ANDREW QUINTON, a 32-year-old resident of Lethbridge, Alberta, Canada, pled guilty to travel with the intent to engage in illicit sexual conduct. Sentencing has been set for February 7, 2014. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Michael S. Lahr, the government stated it would have proved at trial the following:
In June 2013, members of the Montana Internet Crimes Against Children (ICAC) Task Force in Great Falls conducted a "catch the predator" operation. An advertisement was posted on Craigslist in an attempt to target individuals in Great Falls and the surrounding area who were interested in engaging in sexual conduct with a minor child.
On June 24, 2013, an agent posted one such ad and received numerous responses. The agent then used an undercover persona to pose as a fictitious person named Teresa Smith, a 38-year-old female in Great Falls living with her 12-year-old niece, Katie Smith. The agent exchanged several e-mails with an individual responding to the ad who ultimately identified himself as Thomas Andrew Quinton, a Canadian citizen. The e-mails from QUINTON contained descriptions of sexual acts QUINTON wanted to engage in with Katie. QUINTON also sent a photograph of himself and two more of his penis.
Beginning July 2, 2013, QUINTON began texting the agent stating that he would be taking time off work. The agent exchanged 375 text messages with QUINTON between July 2, 2013, and July 3, 2013. Many of the text messages contained descriptions of sexual acts or were of a sexual nature. QUINTON was advised on multiple occasions via text and e-mail that Katie was a 12-year-old girl.
The telephone number QUINTON used was identified as a Canadian-based number out of Lethbridge, Alberta.
QUINTON was given the address of the house being utilized by ICAC Task Force agents for the operation, and QUINTON agreed to travel to the residence to engage in sexual conduct with Katie.
At around 4:15 p.m. on July 3, 2013, QUINTON parked his truck at the residence and walked to the house where he was arrested and taken into state custody charged with sexual abuse of children.
The agent and a Great Falls Police detective interviewed QUINTON who stated that he had traveled from Lethbridge to Great Falls on July 3, 2013, to have sex with Katie. He confirmed his cellular phone number was the number used for the text messaging and that he had corresponded via text messaging and e-mails with Teresa and Katie for the purpose of meeting Katie and engaging in sexual acts. The agent also confirmed that QUINTON and his vehicle had entered the United States at the Sweetgrass Port of Entry on July 3, 2013, at 2:28 p.m.
QUINTON faces possible penalties of 30 years in prison, a $250,000 fine, and lifetime supervision.
The investigation was a cooperative effort between the U.S. Department of Homeland Security - Homeland Security Investigations, the Montana Internet Crimes Against Children (ICAC) Task Force, and the Great Falls Police Department.
Joshua Tyler Apland Sentenced in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Helena, on November 18, 2013, before Senior U.S. District Judge Charles C. Lovell, JOSHUA TYLER APLAND, a 21-year-old resident of Minot, North Dakota, was sentenced to a term of:
- ison: 100 months
- ecial Assessment: $200
- pervised Release: 5 years
APLAND was sentenced in connection with his guilty plea to conspiracy to possess with intent to distribute methamphetamine and being a felon-in-possession of a firearm.
In an Offer of Proof filed by Assistant U.S. Attorneys Michael S. Lahr and Zeno B. Baucus, the government stated it would have proved at trial the following:
On February 1, 2011, APLAND was convicted of an offense punishable by more than one year imprisonment in the state of North Dakota, therefore prohibiting him from possessing firearms.
In September 2012, members of the Missouri River Drug Task Force (MRDTF) investigated APLAND, X.X., Z.Z. and others for conspiring to possess methamphetamine with the intent to distribute in Helena as well as in other locations in Montana. As part of that investigation, on September 13, 2012, a Montana Division of Criminal Investigation (MDCI) agent learned that APLAND was in Helena. The agent also learned that APLAND was the subject of an arrest warrant for failing to comply with the terms of his probationary sentence in North Dakota.
On September 19, 2012, members of the MRDTF learned APLAND, X.X., and Z.Z. were staying at a residence in Helena. Agents then contacted the owner of the residence who confirmed APLAND, X.X., and Z.Z. were staying at the residence and were armed with handguns and a shotgun.
Later, on September 19, 2012, agents went to the residence and placed it under surveillance. Still later on the same day, APLAND left the residence in a vehicle. X.X. and Z.Z. left the residence in another vehicle;
A uniformed officer driving a patrol car attempted to stop the vehicle driven by APLAND. APLAND fled from the officer. Along the way, he threw a Weatherby, model PA-459, 12 gauge shotgun out of the vehicle. Law enforcement officials recovered that firearm. APLAND also disposed of a Smith and Wesson, model SW40VE, .40 caliber, semiautomatic pistol during the course of the pursuit. On September 20, 2012, law enforcement recovered that firearm near a stretch of the same road.
APLAND was ultimately arrested at a bar in Lincoln on September 19, 2012;
Members of the MRDTF interviewed APLAND following his arrest. APLAND admitted that he possessed the shotgun and pistol and that he threw the shotgun while being pursued by the patrol car.
APLAND admitted that, during the time period of the conspiracy, he, X.X., Z.Z., and Y.Y. traveled to Salt Lake City, Utah on multiple occasions. APLAND stated that during those trips they obtained a total of approximately 25 ounces of methamphetamine for distribution. APLAND stated that Y.Y. financed most the purchases of methamphetamine and received much of the methamphetamine obtained in Salt Lake City.
APLAND stated that he or other members of the conspiracy, including X.X., Z.Z., and Y.Y., then distributed the methamphetamine in Montana, North Dakota, and South Dakota. APLAND stated that he distributed some of the methamphetamine to Y.Y. in a meeting that occurred in Helena during the course of the conspiracy.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that APLAND will likely serve all of the time imposed by the court. In the federal system, APLAND does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Montana Division of Criminal Investigation.
Federal False Claims Complaint Filed Against Former Blackfeet Tribal ChairmanRead the Press Release
The United States Attorney's Office announced that it has filed a False Claims Act complaint against former Blackfeet Tribal Chairman Patrick Charles Thomas in federal court. The civil complaint seeks over $944,000 in damages.
Thomas, a lifelong resident of the Blackfeet Reservation, served on the Blackfeet Tribal Business Council, the governing body of the Blackfeet Tribe, from 2004 to 2008; first in the position of Vice Chairman and then as Chairman.
The complaint relates to a December 2011 claim by Thomas against the Keepseagle v. Vilsak settlement fund. 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 who alleged that they had been discriminated against by the U.S. Department of Agriculture (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 $760 million settlement with the USDA was approved, a settlement fund was established, 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:
Farmed or ranched or attempted to farm or ranch between January 1, 1981 and November 24, 1999;
Sought, or attempted to seek, a farm loan from the USDA during that period;
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;
Complained about discrimination to the USDA during the same time period; and
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 its civil complaint, the United States seeks damages from Thomas based upon his claim that he was discriminated against by the Farm Service Agency (FSA) and that he had met the criterion relating to complaining to USDA about discrimination during the time period. The United States alleges that the claims were untrue and that Thomas would not have been able to share in the settlement if he had been honest.
As a result of his successful claim, the complaint alleges, the FSA forgave $201,917.53 in agricultural loan indebtedness, paid him a $50,000 award, and then paid Thomas's income tax liability on the loan forgiveness and the cash award in the amount of $62,979.38, for a total loss to the United States of $314,896.91. The False Claims Act allows the United States to recover three times the actual loss amount so the total demand is $944,690.73.
United States Attorney Mike Cotter stated:
The Keepseagle settlement fund was established by the Department of Agriculture to remedy a bona fide complaint that Native American producers had been treated unfairly in agricultural lending practices. Like all fraud, waste, and abuse in government programs, a fraudulent claim to a share of that fund diminishes the opportunity for the truly aggrieved to be properly compensated. And it undermines the integrity of the judicial system. This office is committed to holding false actors accountable and maintaining the confidence of the public in our ability to stem the tide of litigation fraud."
Dustin Jay After Buffalo Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on November 14, 2013, before Chief U.S. District Judge Dana L. Christensen, DUSTIN JAY AFTER BUFFALO, an enrolled member of the Blackfeet Tribe, was sentenced to a term of:
- ison: 12 months and 1 day
- ecial Assessment: $100
- pervised Release: 3 years
AFTER BUFFALO was sentenced in connection with his guilty plea to burglary.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
On February 4, 2012, "Jane Doe" was in Great Falls because her father was in the hospital. Three individuals walked by her residence in Browning, which was located within the exterior boundaries of the Blackfeet Indian Reservation.
On February 4, 2012, a neighbor was out on his porch and observed three male individuals walking by his neighbor(s residence. While he saw the three individuals walking by the residence, he did not see them pass by. He then heard three kicks and he knew that someone was breaking into "Jane Doe's" residence. He told his wife to call their son who is an officer with the Blackfeet Law Enforcement Services.
His wife called their son and then she grabbed her camera. When their son, the officer, pulled up, the officer and the neighbor went into "Jane Doe's"s residence. The neighbor's wife then took pictures of all three individuals running out of the house. The burglary occurred in broad daylight.
The individuals who broke into the house then climbed the fence, and one escaped. AFTER BUFFALO and Michael Bad Old Man were caught. Bad Old Man had items in his pockets. While waiting for law enforcement to arrive, Bad Old Man stated that he was going to kill the neighbor and the officer when he gets out of jail.
After backup arrived, the officer took pictures of "Jane Doe's" front door to the residence. The door was damaged. The officer stated that he was able to identify all three defendants by name when he saw them in the residence. In particular, the one who had escaped because he is aware of and knows the individual.
When questioned, AFTER BUFFALO stated that he did not remember the incident because he was high on methamphetamine. AFTER BUFFALO however acknowledged that he "come to" while he was in the house. He stated that after entering the house, the other two individuals started throwing things in their pockets and ordering AFTER BUFFALO to do the same. AFTER BUFFALO stated that Bad Old Man kicked the door in and he claimed that the other two were going to beat him up if he did not go in there with them. AFTER BUFFALO stated that when the cops showed up he ran outside the back door, jumped a fence, and that the officer "beat him up with a bat." AFTER BUFFALO then identified all 3 individuals in the photos the neighbor's wife had taken. AFTER BUFFALO claimed that he never took anything from the house but stated that he did eat a sandwich in the house.
Bad Old Man pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Shannon James Augare Pleads Guilty and Sentenced in U.S. Federal CourtRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Great Falls on November 7, 2013, before U.S. Magistrate Judge Keith Strong, SHANNON JAMES AUGARE, a 34-year-old resident of Browning, pleaded guilty and was sentenced on charges of obstructing a peace officer, driving under the influence of alcohol, and reckless driving.
AUGARE was fined $1,250 and charged a $30 special assessment fee.
Assistant U.S. Attorney Ryan G. Weldon stated that the government would have proved at trial the following:
On May 26, 2013, AUGARE drank at the Pioneer Bar with his family. After spending hours in the bar, AUGARE drove home toward Browning. The Glacier County Sheriff's Office received reports of an intoxicated driver, and AUGARE was ultimately pulled over. When stopped, a Glacier County Deputy asked AUGARE, "Do you know why I stopped you?" AUGARE responded, "I am Shannon Augare. Why did you stop me?" AUGARE then stated, "Well, you have no jurisdiction. So, I am going to go." The Glacier County Deputy directed AUGARE to turn off his vehicle, but AUGARE sped off into the night.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Glacier County Sheriff's Office.
Leonard LaVerne Ewalt, Jr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Butte, on November 8, 2013, before U.S. District Judge Sam E. Haddon, LEONARD LAVERNE EWALT, JR., a 42-year-old resident of Butte, was sentenced to a term of:
Prison: 160 months
Special Assessment: $100
Supervised Release: 5 years
EWALT was sentenced in connection with his guilty plea to conspiracy to possess with the intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:
From approximately February 2008 until approximately July 2012, EWALT and numerous others possessed with the intent to distribute methamphetamine in Butte and other places in Montana. The methamphetamine came from Las Vegas and other places from outside the state of Montana for distribution by EWALT and others.
EWALT admitted to this conduct when interviewed by law enforcement. EWALT admitted that the full scope of his criminal conduct included possessing with the intent to distribute approximately 24 pounds of methamphetamine with other people.
This information was confirmed through the interview of other witnesses. Money Gram records also confirmed EWALT's admissions.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that EWALT will likely serve all of the time imposed by the court. In the federal system, EWALT does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the U.S. Department of Homeland Security - Homeland Security Investigations, the Butte-Silver Bow Law Enforcement Services, and the Drug Enforcement Administration Lab.
Joseph Michele Derius Peasley Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on November 8, 2013, before Chief U.S. District Judge Dana L. Christensen, JOSEPH MICHELE DERIUS PEASLEY, a 21-year-old resident of Missoula, was sentenced to a term of:
Prison: 40 months
Special Assessment: $100
Forfeiture: gun and ammunition
Supervised Release: 3 years
PEASLEY was sentenced in connection with his guilty plea to being a felon-in-possession of a firearm.
In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:
On October 31, 2012, in Missoula County, PEASLEY was convicted of assault with a weapon and thereby prohibited from possessing firearms.
On November 11, 2012, the Missoula Police Department received a call that PEASLEY was headed from the north side of Missoula with a firearm. PEASLEY was described as a white male, 6'11" tall, wearing a beanie or hat with a black backpack riding a red mongoose bike. A MPD officer located PEASLEY who would not stop. As PEASLEY continued to ride away from the officer, PEASLEY grabbed at his right-side waistband a couple of times. PEASLEY eventually got off of his bike and ran from the officer. PEASLEY ran into the canal before he finally stopped running. The officer had to keep his firearm trained on PEASLEY until backup units arrived.
When interviewed, PEASLEY admitted to throwing a firearm into the canal before he stopped running. PEASLEY stated that a friend paid him $85 to throw the firearm into the river. The firearm was black and silver with the serial number scratched off.
The next day, MPD officers located the black and silver, Kahr .40 caliber pistol in the river. It was loaded with six rounds of ammunition.
The caller from November 11, 2012, previously observed PEASLEY with the .40 caliber, black and silver, pistol on November 9, 2012. PEASLEY pulled the pistol out of his backpack and told the caller to, "check it out."
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that PEASLEY will likely serve all of the time imposed by the court. In the federal system, PEASLEY does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Missoula Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Jerri Rowher Mccubbins Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Butte, on November 8, 2013, before U.S. District Judge Sam E. Haddon, JERRI ROWHER McCUBBINS, a 63-year-old resident of Butte, was sentenced to a term of:
Prison: 48 months
Special Assessment: $100
Supervised Release: 5 years
McCUBBINS was sentenced in connection with her guilty plea to conspiracy to possess with the intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:
From approximately March 2012 until approximately July 2012, McCUBBINS and others possessed with the intent to distribute methamphetamine in Butte and other places in Montana. The methamphetamine came from Las Vegas for distribution in the Butte area.
During the time frame alleged in the indictment, McCUBBINS received 8 to 10 ounces of methamphetamine from her co-conspirators for further distribution in the Butte area.
McCUBBINS admitted to this conduct when interviewed by law enforcement.
This information was confirmed through the interview of other witnesses. Money Gram records also confirmed McCUBBINS' admissions.
A laboratory analysis confirmed the presence of methamphetamine that was confiscated by law enforcement during their investigation.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that McCUBBINS will likely serve all of the time imposed by the court. In the federal system, McCUBBINS does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the U.S. Department of Homeland Security - Homeland Security Investigations, the Butte-Silverbow Police Department, and the Drug Enforcement Administration Lab.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on November 8, 2013, before U.S. Magistrate Judge Keith Strong, the following individual was arraigned:
NATHANIEL COLE BURDEAU, a 21-year-old resident of Browning, appeared on a charge of assault resulting in serious bodily injury. He is currently released on special conditions. If convicted of this charge, BURDEAU faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Ryan G. Weldon is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
The defendant pled not guilty to the charge.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Vegas Clay Calder Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Helena, on November 6, 2013, before Senior U.S. District Judge Charles C. Lovell, VEGAS CLAY CALDER, a 38-year-old resident of Helena, was sentenced to a term of:
- ison: 100 months
- ecial Assessment: $100
- ne: $5,000
- pervised Release: 3 years
CALDER was sentenced in connection with his guilty plea to being a felon-in-possession of a firearm.
In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:
On September 1, 2005, CALDER was convicted of criminal possession of dangerous drugs and conspiracy to possess with the intent to distribute methamphetamine and was therefore prohibited from possessing firearms.
On November 2, 2011, Montana Probation and Parole conducted a probation search of CALDER(s Helena residence because CALDER failed to report as required on October 26, 2011. They had received information that he was living in Helena and that he was in possession of several firearms.
During the probation search, officers located a safe in CALDER's bedroom closet. The safe contained three loaded firearms with obliterated serial numbers, $7,700 cash, and drug paraphernalia. The firearms were a Rock Island Armory .45 caliber pistol, a Charter Arms .38 caliber revolver, and a Ruger 9mm pistol.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation, the Montana Probation and Parole, the Missouri River Drug Task Force, the Helena Police Department, the Lewis and Clark Sheriff's Office, and the Montana Division of Criminal Investigation.
Mark Lawrence Wilson Arraigned and Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on November 7, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, MARK LAWRENCE WILSON, a 45-year-old resident of Big Fork, was arraigned and pled guilty to unlawful drug user in possession of firearms and ammunition. Sentencing is set for February 20, 2014.
In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:
On November 8, 2012, WILSON, an unlawful drug user of marijuana and cocaine, possessed 12 firearms and more than 5,200 rounds of ammunition in Flathead County.
On November 8, 2012, law enforcement executed search warrants on WILSON's car and Flathead County residence as the result of a four-month investigation regarding WILSON's use and distribution of cocaine.
Law enforcement located two handguns and a shotgun during the search warrant execution on WILSON's 2003 Chevy Tahoe that WILSON was driving at the time of his arrest. One of those handguns was a FN 5.7 x 28. The FN handgun appeared to be the same gun that WILSON brandished during a cocaine sale of two grams for $200 on November 2, 2012. Law enforcement also located three FN 5.7 x 28 magazines. The magazines contained 44 rounds of FN 5.7 x 28 ammunition.
Law enforcement located nine firearms; 5,235 rounds of ammunition, two bags of marijuana, suspected cocaine and LSD, one digital scale, and $1,550 cash from WILSON's Flathead County residence.
Law enforcement recovered more than 5,200 rounds of coordinating ammunition at WILSON's Flathead County residence. The types of ammunition recovered include shotgun shells, .45 caliber ammunition, 9mm ammunition, 7.62 x 39 ammunition, .223 caliber ammunition, .300 win mag ammunition, .22 caliber ammunition, and .357 caliber ammunition. There were more than 3,300 rounds of the 7.62 x 39 and the .223 caliber ammunition. Law enforcement also recovered three, 30-round .223 magazines and three, AK 7.62 x 39, 30-round magazines.
During this time and before, WILSON regularly used marijuana and cocaine. Witnesses reported to law enforcement that WILSON regularly sold and used these substances.
WILSON faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was a cooperative effort between the Northwest Drug Task Force and the U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).
George Theodore Sutherland Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on November 7, 2013, before U.S. Magistrate Judge Keith Strong. GEORGE THEODORE SUTHERLAND, a 21-year-old resident of Box Elder and an enrolled member of the Chippewa Cree Indian Tribe, pled guilty to assault resulting in serious bodily injury. Sentencing has been set for February 7, 2014. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Danna R. Jackson, the government stated it would have proved at trial the following:
On April 3, 2012, within the exterior boundaries of the Rocky Boy(s Indian Reservation, SUTHERLAND chased the victim down a road, intentionally kicking her and causing the victim to fall and strike her head on the ground.
As a result of the fall, the victim suffered a gash on her temple. The victim sought treatment at the Northern Montana Hospital Emergency Room. The victim bled a significant amount. In addition to receiving several sutures, the victim was treated for her extreme physical pain.
SUTHERLAND faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by the Federal Bureau of Investigation.