FEDERAL DISTRICT ARCHIVE
District of Montana
Press releases recorded for this federal judicial district.
Daniel Young 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 Billings on February 5, 2013, before Chief U.S. District Judge Richard F. Cebull, DANIEL YOUNG, a 35-year-old resident of Billings, was arraigned and pled guilty to bank fraud. Sentencing is set for May 8, 2013. He is currently released on special conditions.
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:
YOUNG owned and operated Auto Plaza, Inc. in Billings. Auto Plaza sold used vehicles along with new and used boats, ATV's, motorcycles, snowmobiles and recreational vehicles. Two other individuals were co-owners and/or partners with YOUNG from 2007 to 2010; however, YOUNG was the primary operator of the business. YOUNG operated the dealership and handled the day to day financial transactions.
Auto Plaza, Inc., maintained day-to-day operations with the assistance of several financing companies (also referred to as a "floor plan"), including Dealer Services Corporation and First Interstate Bank ("FIB"). The dealership typically acquired their inventory through the Auto Auction in Billings. After a vehicle was sold by Auto Plaza, Inc., the company with that provided the financing to originally purchase the car was to be paid off with the proceeds of the sale. The paying off of any liens on vehicles by the financing company allowed for a clear title to be passed on to the new buyer of the vehicle.
In approximately October of 2010, FIB canceled the $500,000 floor plan at the Auto Plaza. In approximately November of 2010, Dealer Services Corporation also canceled their financing at the Auto Plaza.
During the course of the investigation, it was learned that the dealership was out of trust possibly since the day they obtained their floor plan loan with FIB as well as Dealer Services Corporation; the dealership sold vehicles with unpaid liens and failed to provide new owners titles; the dealership sold vehicles they didn't pay for; the dealership sold extended warranties for vehicles that were not actually purchased from the warranty companies; and the dealership sold vehicles/boats they held on consignment and didn't pay the owner.
Specifically, on August 1, 2008, in Billings, YOUNG sold a 2005 Mastercraft boat with a lien held by Key Bank, N.A., of Brooklyn, Ohio. When YOUNG sold the boat at the Auto Plaza, he caused the submission of false loan documents to First Interstate Bank; in that the new purchaser was told there was no lien on the boat. First Interstate Bank believed they were obtaining a first position on the title of the boat and authorized the loan. The loan was funded by First Interstate Bank and the Auto Plaza received the money for the boat purchase. In furtherance of the scheme, YOUNG lied to a personal banker at First Interstate Bank about the payoff of the lien to Key Bank, N.A., and caused the submission of a false lien release to the Montana Division of Motor Vehicles on behalf of Key Bank for the boat.
YOUNG 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.
Robert Kirk Belton 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 February 4, 2013, before U.S. District Judge Sam E. Haddon, ROBERT KIRK BELTON, a 49-year-old resident of Poplar, pled guilty to possession with intent to distribute methamphetamine. Sentencing has been set for May 20, 2013. He is currently detained.
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 September 5, 2012, BELTON fled the scene of a traffic stop near Wolf Point. While driving away, BELTON threw a Crown Royal bag out the window. The bag contained approximately $12,000 and over 50 grams of a substance containing a detectable amount of methamphetamine.
BELTON faces possible penalties of a mandatory minimum of 5 years and could be sentenced to 40 years, a $5,000,000 fine, and 4 years supervised release.
The investigation was a cooperative effort between the Federal Bureau of Investigation, the Fort Peck Law Enforcement, and the Roosevelt County Sheriff's Office.
Frank Xavier Manyen and Julie Ann Rozell Plead 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 February 5, 2013, before Chief U.S. District Judge Richard F. Cebull, FRANK XAVIER MANYEN, a 32-year-old resident of Laurel, and JULIE ANN ROZELL, a 38-year-old resident of Billings, pled guilty to conspiracy to possess with intent to distribute and distribution of methamphetamine. Sentencing has been set for May 8, 2013. They are currently detained.
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:
In October of 2010, the FBI Safe Streets Task Force (BSSSTF) received information about a large scale methamphetamine distribution organization operating in Yellowstone County.
In the spring of 2011, law enforcement began performing electronic surveillance on C.M., an individual living in Billings. Investigators discovered that C.M., D.M. and A.H. began supplying the larger methamphetamine organization in late 2010 with methamphetamine after the prior source of supply had a run in with law enforcement. C.M., D.M. and A.H., had several distributors that sold the methamphetamine for the organization. One of the distributors was ROZELL. ROZELL admitted to distributing approximately four pounds of methamphetamine for the organization. One of her distributors was MANYEN.
During the investigation law enforcement learned that MANYEN was a distributor of methamphetamine for ROZELL from approximately March 2011, and continuing thereafter until late January 2012. MANYEN worked with another individual to distribute the methamphetamine obtained from ROZELL - an individual named H.M. MANYEN and H.M. together distributed the methamphetamine they obtained from ROZELL in the greater Billings area. MANYEN and H.M. obtained approximately 700 grams of methamphetamine from ROZELL, which they in turn distributed to their own customers.
MANYEN faces possible penalties of a mandatory minimum of 5 years and could be sentenced to 40 years, a $5,000,000 fine, and 5 years supervised release.
ROZELL faces possible penalties of a mandatory minimum of 10 years and could be sentenced to life, a $10,000,000 fine, and 5 years supervised release.
The investigation was conducted by the Billings Big Sky Safe Streets Task Force and High Intensity Drug Trafficking Area (HIDTA) Task Force.
Marlys Young Running Crane Arraigned and Pleads Guilty U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls on February 4, 2013, before U.S. District Judge Sam E. Haddon, MARLYS YOUNG RUNNING CRANE, a 59-year-old resident of Browning, was arraigned and pled guilty to misprision of a felony. Sentencing is set for June 3, 2013.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
Beginning in November 2010, Louis Romero, Henry Lopez, and several other individuals facilitated the distribution of methamphetamine in Browning and Great Falls.
During this time, YOUNG RUNNING CRANE had full knowledge that several of the other individuals were all involved in illegal methamphetamine distribution. YOUNG RUNNING CRANE failed to notify any authorities of these illegal activities. In fact, when law enforcement questioned YOUNG RUNNING CRANE, she provided an untruthful statement that this drug activity was not occurring, which in effect, concealed the crime.
Romero and Lopez pled guilty to federal charges.
YOUNG RUNNING CRANE faces possible penalties of 3 years in prison, a $250,000 fine and 1 year supervised release.
The investigation was conducted by the Montana Violent Crimes Task Force.
Mark Ryan Coyle 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 February 1, 2013, before Chief U.S. District Judge Richard F. Cebull, MARK RYAN COYLE, a 35-year-old resident of Billings, appeared for sentencing. COYLE was sentenced to a term of:
Prison: 130 months
Special Assessment: $100
Supervised Release: 5 years
COYLE was sentenced in connection with his guilty plea to conspiracy to distribute methamphetamine.
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 November 4, 2011, the drug task force in Billings conducted a controlled buy of methamphetamine from an individual, identified here as Z.Z., using a confidential informant (CI). The CI bought .6 grams of meth for $30. Later on that same day, Z.Z. was stopped and consented to a search of his car and house. The searches netted cash ($1,887) and methamphetamine (8.4 grams), as well as a marijuana pipe, marijuana, a digital scale, a gun, and ammunition. After the search, Z.Z. identified his source as COYLE and agreed to cooperate.
On November 8, 2011, the task force bought two ounces of meth from COYLE using Z.Z. as a CI. In an interview of Z.Z. after the purchase, Z.Z. admitted that he had bought approximately 30 ounces from COYLE over a period of six months. He admitted that he got the gun that was seized during the search of his car by trading meth for it.
Again, on December 30, 2011, the task force used Z.Z. to buy one ounce of meth from COYLE. The transaction took place at COYLE's house. After the transaction, the task force obtained a search warrant for the house.
On January 2, 2012, COYLE was stopped on the interstate. COYLE agreed to talk with law enforcement and admitted that he was selling meth in Billings for approximately a year, and that he had been traveling to Denver to pick up meth for about 7 months. He admitted to getting 20-30 pounds of meth from his Denver source and selling it in Billings. COYLE admitted that he had traveled to Denver the previous week and bought 5 pounds of meth, which was in his bedroom.
Law enforcement seized approximately 5 pounds of meth during the search of COYLE's house, as well as some guns, scales, cash, and drug paraphernalia. COYLE's truck was searched, on January 4, 2012, and some meth, cocaine, and drug paraphernalia were found.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that COYLE will likely serve all of the time imposed by the court. In the federal system, COYLE 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 High Intensity Drug Trafficking Area (HIDTA) Task Force.
Christopher Wayne Williams 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 February 1, 2013, before U.S. District Judge Dana L. Christensen, CHRISTOPHER WAYNE WILLIAMS, a 38-year-old resident of Helena, appeared for sentencing. WILLIAMS was sentenced to a term of:
Prison: 5 years (Count VI) plus 130 days (Count III)
Special Assessment: $200
Supervised Release: 5 years
WILLIAMS was convicted on September 27, 2012, following a 4 day trial in federal district court in which he was found guilty of conspiracy to manufacture, distribute, and possess with intent to distribute marijuana, manufacture of marijuana, possession with the intent to distribute marijuana, and possession of a firearm during a drug trafficking offense.
Following WILLIAMS' conviction on all counts, the parties reached a post-conviction agreement in which the United States agreed to dismiss Counts I, II, VI, V, VII, and VIII, in exchange for WILLIAMS' waiver of appeal. WILLIAMS was only sentenced on Counts III and VI.
The facts established at trial proved the following:
In late 2010, the federal government began to investigate Montana Cannabis. The investigation was prompted, in part, because of complaints from the public about the activities at the former State Nursery facility. It was also prompted by complaints from employees of Montana Cannabis about WILLIAMS' volatile behavior. The employees were also worried about the manner in which firearms were part of the culture of the grow operation.
Accordingly, a number of federal agencies began to investigate the conspiracy. The investigation was extensive and included close scrutiny of the conspiracy's banking practices.
On March 14, 2011, search warrants were executed at the Helena grow operation and dispensary, the Flor residence, the Billings dispensary, and the Missoula dispensary. About 950 plants were found at the Helena grow operation. Firearms were also found at that location placed in a manner clearly intended to protect the operation from robbery. Several of the firearms were associated with Dan Nichols, a notorious criminal who served as "armed security" at the Helena grow operation. Significant amounts of marijuana were also found at the Billings, Helena, and Missoula dispensaries.
WILLIAMS showed up at the greenhouse in Helena during the search. He stated that the operation there had produced 56 cycles, each of which yielded 150 to 200 ounces of marijuana. Using the lower estimate of 150 ounces per cycle, and assuming each ounce sold at a conservative $200 an ounce, the Helena operation yielded $1,680,000 over the course of the conspiracy. Combined with the amount of proceeds produced at the Miles City address, the conspiracy produced a total of at least $1,728,000 in marijuana.
The search of the Flor residence in Miles City disclosed the presence of marijuana prepared for distribution. An extensive cache of firearms was also found in the residence. Many of those firearms were placed in a manner so that they could be used to protect the operation.
Justin Flor was at the Billings dispensary when it was searched. He had a pistol in the waistband of his pants. Justin Flor stated that his family was preparing to grow marijuana in Miles City as part of its annual outdoor grow. Justin Flor disclosed that Montana Cannabis used bank accounts and he deposited money from the sale of marijuana into at least one of the banks accounts.
Assistant U.S. Attorney Joseph E. Thaggard and Paulette L. Stewart prosecuted the case for the United States.
Following the sentencing, United States Attorney Michael W. Cotter said, "Williams repeated claims of "compliance" with Montana law are simply false. Williams is a convicted marijuana dealer who operated a drug trafficking organization outside both federal and state law. It is also important to remember that Williams used not one, but several weapons in furtherance of his drug trafficking crime. He will serve the remainder of his incarceration in a federal penitentiary. Marijuana, along with heroin, LSD and Ecstasy are all Schedule I controlled substances. Schedule I substances are defined as having no currently accepted medical use in the United States, a lack of accepted safety for use under medical supervision, and a high potential for abuse."
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that WILLIAMS will likely serve all of the time imposed by the court. In the federal system, WILLIAMS 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 following federal, state and local law enforcement agencies: the Drug Enforcement Administration, U.S. Immigration and Customs Enforcement's Homeland Security Investigations, Criminal Investigation Division of the Internal Revenue Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, the Environmental Protection Agency-Criminal Investigation Division, U.S. Customs and Border Protection-Border Patrol, and the Occupational Safety and Health Administration. These federal agencies were assisted by local High Intensity Drug Trafficking Area task forces, the Northwest Drug Task Force, the Kalispell Police Department, the Flathead County Sheriff's Office, the Missoula Police Department, the Missoula County Sheriff's Office, the Missoula High Intensity Drug Trafficking Area (HIDTA) Task Force, the Great Falls Police Department, the Cascade County Sheriff's Office, the Central Montana Drug Task Force, the Billings Police Department, the Yellowstone County Sheriff's Office, the Eastern Montana High Intensity Drug Trafficking Area (HIDTA) Task Force, the Dillon Police Department, the Beaverhead County Sheriff's Office, the Park County Sheriff's Office, the Bozeman Police Department, the Gallatin County Sheriff's Office, the Belgrade Police Department, the Missouri River Drug Task Force, the Helena Police Department, the Lewis & Clark Sheriff's Office, and the Eastern Montana Drug Task Force - Miles City.
Justin Lane Flor 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 January 31, 2013, before Chief U.S. District Judge Richard F. Cebull, JUSTIN LANE FLOR, a 35-year-old resident of Miles City, appeared for sentencing. FLOR was sentenced to a term of:
Prison: 120 months
Special Assessment: $100
Forfeiture: cell phone
Supervised Release: 10 years
FLOR was sentenced in connection with his guilty plea to possession of child pornography.
In an Offer of Proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:
In January 2012, law enforcement personnel in Miles City received a report that FLOR (then age 35) was believed to be involved in a sexual relationship with a 14-year-old girl. The investigation revealed that FLOR had provided the girl with drug paraphernalia and the two had smoked marijuana together and had repeatedly engaged in sexual activities at FLOR's residence in Miles City. FLOR's cellular telephone was seized as part of the investigation, and forensic examination revealed the presence of three child pornography movies that were saved in a directory on the phone. The movies had been downloaded from the Internet and saved. The movies depicted children engaged in sexually explicit conduct and their nature was readily apparent. FLOR possessed the three movies on his cell phone and they were mailed, shipped or transported in interstate commerce or produced using material that traveled in interstate commerce.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that FLOR will likely serve all of the time imposed by the court. In the federal system, FLOR 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 Miles City Police Department and the Federal Bureau of Investigation.
Jalen Jeremy Larance 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 January 31, 2013, before Chief U.S. District Judge Richard F. Cebull, JALEN JEREMY LARANCE, a 21-year-old resident of Lame Deer and an enrolled member of the Northern Cheyenne Tribe, appeared for sentencing. LARANCE was sentenced to a term of:
Prison: 84 months
Special Assessment: $100
Supervised Release: 10 years
LARANCE was sentenced in connection with his guilty plea to aggravated sexual abuse.
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:
In late August or early September of 2011, LARANCE came to the house where the victim was staying, located in a housing area in Lame Deer, to check his Facebook account on her computer. LARANCE was drunk. While at the house, LARANCE pushed his body against the victim trying to hold her. She told LARANCE to leave and then she went into the bathroom. LARANCE followed her into the bathroom, pushed her against the sink, and forced her to engage in sexual intercourse. The victim repeatedly told LARANCE no.
The victim did not report the rape to law enforcement immediately, but she did tell her school counselor. There were also Facebook postings by LARANCE about the rape in which he apologized to the victim.
LARANCE was interviewed and provided a recorded statement admitting that he raped the victim.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that LARANCE will likely serve all of the time imposed by the court. In the federal system, LARANCE 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.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on January 31, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individual was arraigned:
JOSEPH MATTHEW BALLANTYNE, a 54-year-old resident of Billings, appeared on a charge of failure to register as a sexual offender. He is currently detained. If convicted of this charge, BALLANTYNE faces possible penalties of 10 years in prison, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Marcia K. Hurd is the prosecutor for the United States. The investigation was conducted by the United States Marshals Service.
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.
Donald Carl Salois Found Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that on January 30, 2013, in Great Falls, after a federal district court trial before U.S. District Judge Sam E. Haddon, DONALD CARL SALOIS, a 49-year-old resident of Browning, was found guilty of aggravated sexual abuse. Sentencing is set for May 20, 2013. He is currently detained.
At trial, the following evidence and testimony was presented to the jury. SALOIS picked up his victim in a 2000 Ford Ranger along Highway 2, south of Browning. SALOIS said that he would take the victim home, but that never occurred. Instead, SALOIS passed the victim's residence, stopped at a sufficiently secluded place, exited his vehicle, and brutally raped the victim.
When questioned by law enforcement, SALOIS admitted that he had sex with the victim, but claimed the encounter was consensual and occurred in his residence, not on the side of the road. SALOIS also claimed that he never left his residence the night of the rape. The FBI investigated and discovered that neighbors, on the night of the rape, did not see the 2000 Ford Ranger owned by SALOIS at the residence.
After the government presented testimony of 12 witnesses over the course of a day and a half, which included medical professionals, law enforcement, lay witnesses, and a DNA expert, the jury convicted SALOIS.
Assistant U.S. Attorneys Ryan G. Weldon and Laura B. Weiss prosecuted the case for the United States.
SALOIS faces possible penalties of life imprisonment, a $250,000 fine, and lifetime supervised release.
The investigation was conducted by the Federal Bureau of Investigation.
Amasa Pinckney Niles, IV, 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 January 30, 2013, before Chief U.S. District Judge Richard F. Cebull, AMASA PINCKNEY NILES, IV, a 41-year-old resident of Billings, appeared for sentencing. NILES was sentenced to a term of:
Prison: 151 months
Special Assessment: $300
Supervised Release: 5 years
NILES was sentenced in connection with his guilty plea to conspiracy to possess with intent to distribute methamphetamine, possession with the intent to distribute methamphetamine, and distribution of methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:
NILES came to the attention of law enforcement officers as part of a larger drug case. NILES was identified as a person who purchased large amounts of methamphetamine from Las Vegas on behalf of supplier Howard Bonifant in Billings to distribute to his distributor network here. NILES became involved through Sheila Coffman, as the two were dating and distributing together. Others also identified NILES as a distribution source from Bonifant. NILES and Coffman were getting the methamphetamine from several of Bonifant's runners beginning in June 2009. NILES received significantly more than several pounds from each of the suppliers during the time he was involved. His involvement ended in June of 2010 when he went to prison for shooting a person in Billings. NILES resold the methamphetamine to others who have identified him as their supplier.
Bonifant and Coffman both pled guilty to federal charges and have been sentenced.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that NILES will likely serve all of the time imposed by the court. In the federal system, NILES 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 Billings Big Sky Safe Streets Task Force and the Federal Bureau of Investigation.
Mark James Denny 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 January 29, 2013, before Chief U.S. District Judge Richard F. Cebull, MARK JAMES DENNY, a 33-year-old resident of Hardin, pled guilty to theft from an organization receiving federal funding. Sentencing has been set for May 1, 2013. He is currently released on special conditions.
In an Offer of Proof filed by Assistant U.S. Attorney Carl E. Rostad, the government stated it would have proved at trial the following:
The Crow Tribal Historic Preservation Office (CTHPO) on the Crow Indian Reservation was created in 2005. The CTHPO is a designated office of the Crow Indian Tribe that provides for direct Tribal involvement and leadership in the protection and enhancement of Crow lands and cultural resources. It serves to identify, inventory, and protect culturally, archeologically, and historically important resources both on and off the reservation.
Each year, the CTHPO receives grant funds from the National Park Service, U.S. Department of the Interior. A requirement for any enterprise seeking to do work on the reservation that may disturb tribal lands - utilities, construction, energy exploration, development - is that the business employ the services of a CTHPO employee (archeological technician) to monitor the project to insure that lands of cultural or historic importance are not destroyed. The company is then charged for this monitoring service and payments are made to the Crow Tribe.
The Director of the CTHPO from approximately 2005 until November 15, 2011 is identified here as X.X. During the time X.X. was Director, most of the monitors were his family members. Two other monitors were not hired as Crow Tribe employees but were assigned as project monitors and received payment directly from the companies. DENNY was also an employee of the CTHPO.
Sometime in the summer of 2009, X.X. approached the Vice-Chairman of the Tribe and tried to get the process changed so that the companies could make direct payments to the monitors. When he was told he couldn't do that, he indicated he would take the matter up with the Chairman. The Chairman was never approached and did not provide any approval for X.X.'s request.
Even though his request was denied, X.X. began advising companies that payments would now be made directly to the tribal monitors assigned to the project. At first, in the summer of 2009, few direct payments were arranged. However, in the summer of 2010, the CTHPO staff person who insured that companies were properly billed and that CTHPO payments went to the Tribe left the office, and direct billing - having companies pay monitors personally instead of remitting the fee to the Crow Tribe - became much more prevalent.
From July 2009 to November 2011, a total of over $500,000 in monitoring service payments from the companies doing business on the Crow Reservation were diverted to the personal use and benefit of the employees of the CTHPO and the two non-employees assigned to projects as monitors. X.X. did not serve as a monitor in the field.
In the Summer of 2011 - from June to August - DENNY was assigned as a monitor to the Sarpy Creek project, which was the Westmoreland Resources expansion of the Absaloka Coal Mine in the Powder River Basin. DENNY's assignment was to monitor the progress of the project to insure that no culturally, archeologically, or historically important sites were disturbed.
A Westmoreland sub-contractor, GCM Services, went forward with an extensive excavation of the site with the approval of X.X., who as Director of the CTHPO had assigned several others and DENNY as project monitors. As a result of the approved site plan, a 2,000-year-old bison kill site was unearthed in 2011 with heavy equipment, causing significant, irreparable damage to the site. The largest bison bone bed was estimated to cover almost 3,000 square meters and contained the remains of hundreds, perhaps thousands, of butchered bison remains and prehistoric spear points dating back to the Late Archaic period.
When interviewed, DENNY admitted that he knew that he took direct payments while a tribal employee and that it was wrong to be paid by the Tribe and the companies for the same work. He admitted that the time sheets he submitted to the Tribe and the invoices he submitted to the companies were false and fraudulent because they were inflated and represented demands for payment for hours not worked. According to a GCM Services company representative, "the monitors often did not show up, and, if they did, they often only worked one to three hours."
The United States will seek restitution in the amount of $73,046 - the amount of loss directly attributable DENNY.
I meet regularly with tribal officials on each of Montana's reservations, and at each meeting they ask this office to do more to put an end to corruption and theft in the administration of federal grants and programs. I take - and have taken - their pleas to heart when my office created the Guardians Project with just that mission in mind. The change of plea today represents just one of many, many steps this office will take to respond the concerns of our Indian communities for honesty and integrity in tribal government." Michael W. Cotter, United States Attorney for the District of Montana.
DENNY faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by a team of agents and auditors working with the U.S. Attorney's Guardians Project, including the Office of Inspector General for the Department of Interior, the Federal Bureau of Investigation, and the Criminal Investigation Division of the Internal Revenue Service.
Larkin Troy Chandler 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 January 29, 2013, before Chief U.S. District Judge Richard F. Cebull, LARKIN TROY CHANDLER, a 46-year-old resident of Crow Agency, pled guilty to theft from an organization receiving federal funding. Sentencing has been set for May 1, 2013. He is currently released on special conditions.
In an Offer of Proof filed by Assistant U.S. Attorney Carl E. Rostad, the government stated it would have proved at trial the following:
The Crow Tribal Historic Preservation Office (CTHPO) on the Crow Indian Reservation was created in 2005. The CTHPO is a designated office of the Crow Indian Tribe that provides for direct Tribal involvement and leadership in the protection and enhancement of Crow lands and cultural resources. It serves to identify, inventory, and protect culturally, archeologically, and historically important resources both on and off the reservation.
Each year, the CTHPO receives grant funds from the National Park Service, U.S. Department of the Interior. A requirement for any enterprise seeking to do work on the reservation that may disturb tribal lands - utilities, construction, energy exploration, development - is that the business employ the services of a CTHPO employee (archeological technician) to monitor the project to insure that lands of cultural or historic importance are not destroyed. The company is then charged for this monitoring service and payments are made to the Crow Tribe.
The Director of the CTHPO from approximately 2005 until November 15, 2011 is identified here as X.X. During the time X.X. was Director, most of the monitors were his family members. Two other monitors were not hired as Crow Tribe employees but were assigned as project monitors and received payment directly from the companies. CHANDLER was also an employee of the CTHPO.
Sometime in the summer of 2009, X.X. approached the Vice-Chairman of the Tribe and tried to get the process changed so that the companies could make direct payments to the monitors. When he was told he couldn't do that, he indicated he would take the matter up with the Chairman. The Chairman was never approached and did not provide any approval for X.X.'s request.
Even though his request was denied, X.X. began advising companies that payments would now be made directly to the tribal monitors assigned to the project. At first, in the summer of 2009, few direct payments were arranged. However, in the summer of 2010, the CTHPO staff person who insured that companies were properly billed and that CTHPO payments went to the Tribe left the office, and direct billing - having companies pay monitors personally instead of remitting the fee to the Crow Tribe - became much more prevalent.
From July 2009 to November 2011, a total of over $500,000 in monitoring service payments from the companies doing business on the Crow Reservation were diverted to the personal use and benefit of the employees of the CTHPO, including CHANDLER, and the two non-employees assigned to projects as monitors. X.X. did not serve as a monitor in the field. According to a GCM Services company representative, "the monitors often did not show up, and, if they did, they often only worked one to three hours."
When interviewed, CHANDLER confirmed that he had been a tribal employee being paid on a per hour basis for his services as a monitor. He also confirmed that he billed the companies directly, at the direction of X.X., for performing the services for which he was already being compensated by the Tribe.
The United States will seek restitution in the amount of $44,546.50, the amount of loss to the Crow Tribe directly attributable CHANDLER.
I meet regularly with tribal officials on each of Montana's reservations, and at each meeting they ask this office to do more to put an end to corruption and theft in the administration of federal grants and programs. I take - and have taken - their pleas to heart when my office created the Guardians Project with just that mission in mind. The change of plea today represents just one of many, many steps this office will take to respond the concerns of our Indian communities for honesty and integrity in tribal government." Michael W. Cotter, United States Attorney for the District of Montana.
CHANDLER faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by a team of agents and auditors working with the U.S. Attorney's Guardians Project, including the Office of Inspector General for the Department of Interior, the Federal Bureau of Investigation, and the Criminal Investigation Division of the Internal Revenue Service.
Keith Daniel Skunkcap 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 January 29, 2013, before U.S. Magistrate Judge Keith Strong, KEITH DANIEL SKUNKCAP, a 21-year-old resident of Browning and an enrolled member of the Blackfeet Tribe, pled guilty to burglary. Sentencing has been set for May 10, 2013.
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 August 17, 2011, at approximately 2:00 a.m., SKUNKCAP entered the residence of T.L.G. The residence is located Browning, which is within the exterior boundaries of the Blackfeet Indian Reservation.
T.L.G., the owner of the residence, told SKUNKCAP to leave, but he refused. T.L.G. pointed to the back door of the residence, again requesting SKUNKCAP to leave. SKUNKCAP eventually pushed T.L.G. After being pushed, T.L.G. fell to the ground. As a result of the assault, T.L.G.'s upper lip was split open. T.L.G. was transported to Kalispell due to the seriousness of the facial laceration. T.L.G. underwent reconstructive surgery on her lip and nose.
In an interview with the FBI, SKUNKCAP admitted that he pushed T.L.G. Although SKUNKCAP claimed that T.L.G. hit him about seven times in the face, he did not have any injuries.
SKUNKCAP faces possible penalties of 20 years in prison, a $50,000 fine and 3 years supervised release.
The investigation was conducted by the Federal Bureau of Investigation.
Jason Charles Shouse 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 January 29, 2013, before U.S. Magistrate Judge Keith Strong, JASON CHARLES SHOUSE, a 36-year-old resident of Cascade County, pled guilty to sexual exploitation of children and penalties for registered sex offenders. Sentencing has been set for May 10, 2013. He is currently detained.
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 1997, in the Eighth Judicial District Court of Montana, SHOUSE was pled to sexual intercourse without consent. In June of 1998, he was sentenced to 20 years imprisonment with 18 years suspended. Due to that offense, SHOUSE was required to register as a sex offender.
In July 2012, the Cascade County Sheriff's Office received a report that photos which depicted child pornography were located on one of SHOUSE's old cell phones. The SD card from the old cell phone was seized and searched. Investigators located videos on the SD card which depict SHOUSE performing sexual acts which meet the federal definition of "sexually explicit conduct" on an approximately 2-year-old child. SHOUSE was identified on the videos and appeared to have filmed the videos himself in 2008.
SHOUSE faces possible penalties of a mandatory minimum of 25 years in prison and could be sentenced to 50 years, a $250,000 fine, and lifetime supervision. In addition, SHOUSE faces an additional mandatory 10 year imprisonment, consecutive to any other sentence, for penalties for registered sex offenders.
The investigation was a cooperative effort between the Internet Crimes Against Children (ICAC) Task Force, the Cascade County Sheriff's Office, and the Montana Division of Criminal Investigation.
Frederick Paul Deputee, Jr. 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 January 29, 2013, before Chief U.S. District Judge Richard F. Cebull, FREDERICK PAUL DEPUTEE, JR., a 25-year-old resident of Hardin and an enrolled member of the Crow Tribe, pled guilty to theft from an Indian organization. Sentencing has been set for May 1. He is released on special conditions.
In an Offer of Proof filed by Assistant U.S. Attorney Carl E. Rostad, the government stated it would have proved at trial the following:
The Crow Tribal Historic Preservation Office (CTHPO) on the Crow Indian Reservation was created in 2005. The CTHPO is a designated office of the Crow Indian Tribe that provides for direct Tribal involvement and leadership in the protection and enhancement of Crow lands and cultural resources. It serves to identify, inventory, and protect culturally, archeologically, and historically important resources both on and off the reservation.
Each year, the CTHPO receives grant funds from the National Park Service, U.S. Department of the Interior. A requirement for any enterprise seeking to do work on the reservation that may disturb tribal lands - utilities, construction, energy exploration, development - is that the business employ the services of a CTHPO employee (archeological technician) to monitor the project to insure that lands of cultural or historic importance are not destroyed. The company is then charged for this monitoring service and payments are made to the Crow Tribe.
The Director of the CTHPO from approximately 2005 until November 15, 2011 is identified here as X.X. During the time X.X. was Director, most of the monitors were his family members. Two other monitors, one of which was DEPUTEE, were not hired as Crow Tribe employees but were assigned as project monitors and received payment directly from the companies.
Sometime in the summer of 2009, X.X. approached the Vice-Chairman of the Tribe and tried to get the process changed so that the companies could make direct payments to the monitors. When he was told he couldn't do that, he indicated he would take the matter up with the Chairman. The Chairman was never approached and did not provide any approval for X.X.'s request.
Even though his request was denied, X.X. began advising companies that payments would now be made directly to the tribal monitors assigned to the project. At first, in the summer of 2009, few direct payments were arranged. However, in the summer of 2010, the CTHPO staff person who insured that companies were properly billed and that CTHPO payments went to the Tribe left the office, and direct billing - having companies pay monitors personally instead of remitting the fee to the Crow Tribe - became much more prevalent.
From July 2009 to November 2011, a total of over $500,000 in monitoring service payments from the companies doing business on the Crow Reservation were diverted to the personal use and benefit of the employees of the CTHPO and the two non-employees - one of which was DEPUTEE - assigned to projects as a monitor.
In the Summer of 2011 - from June to August - DEPUTEE was assigned as a monitor to the Sarpy Creek project, which was the Westmoreland Resources expansion of the Absaloka Coal Mine in the Powder River Basin. DEPUTEE's assignment was to monitor the progress of the project to insure that no culturally, archeologically, or historically important sites were disturbed.
A Westmoreland sub-contractor, GCM Services, went forward with an extensive excavation of the site with the approval of X.X., who, as Director of the CTHPO, had assigned DEPUTEE and others as project monitors. As a result of the approved site plan, a 2,000-year-old bison kill site was unearthed in 2011 with heavy equipment, causing significant, irreparable damage to the site. The largest bison bone bed was estimated to cover almost 3,000 square meters and contained the remains of hundreds, perhaps thousands, of butchered bison remains and prehistoric spear points dating back to the Late Archaic period.
When interviewed, DEPUTEE maintained that he was authorized by his aunt to work as a monitor on the site and denied knowing that the money paid by the companies were tribal fees which should have been deposited with the tribal government. His aunt had no supervisory role at the CTHPO. DEPUTEE was convinced - based on the assurances given to him by his aunt - that he could act, and was participating in the CTHPO activities, as an independent contractor role and also received payment directly from GCM. He admitted, however, that he did not work the hours for which he billed the company and acknowledged the wrongfulness of billing for hours not worked. According to a GCM Services company representative, "the monitors often did not show up, and, if they did, they often only worked one to three hours."
I meet regularly with tribal officials on each of Montana's reservations, and at each meeting they ask this office to do more to put an end to corruption and theft in the administration of federal grants and programs. I take - and have taken - their pleas to heart when my office created the Guardians Project with just that mission in mind. The change of plea today represents just one of many, many steps this office will take to respond the concerns of our Indian communities for honesty and integrity in tribal government." Michael W. Cotter, United States Attorney for the District of Montana.
DEPUTEE faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by a team of agents and auditors working with the U.S. Attorney's Guardians Project, including the Office of Inspector General for the Department of Interior, the Federal Bureau of Investigation, and the Criminal Investigation Division of the Internal Revenue Service.
A copy of the Offer of Proof can be obtained by contacting Sally Frank at (406) 247-4638.
Frederick Paul Deputee, Jr. 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 January 29, 2013, before Chief U.S. District Judge Richard F. Cebull, FREDERICK PAUL DEPUTEE, JR., a 25-year-old resident of Hardin and an enrolled member of the Crow Tribe, pled guilty to theft from an Indian organization. Sentencing has been set for May 1, 2013. He is currently released on special conditions.
In an Offer of Proof filed by Assistant U.S. Attorney Carl E. Rostad, the government stated it would have proved at trial the following:
The Crow Tribal Historic Preservation Office (CTHPO) on the Crow Indian Reservation was created in 2005. The CTHPO is a designated office of the Crow Indian Tribe that provides for direct Tribal involvement and leadership in the protection and enhancement of Crow lands and cultural resources. It serves to identify, inventory, and protect culturally, archeologically, and historically important resources both on and off the reservation.
Each year, the CTHPO receives grant funds from the National Park Service, U.S. Department of the Interior. A requirement for any enterprise seeking to do work on the reservation that may disturb tribal lands - utilities, construction, energy exploration, development - is that the business employ the services of a CTHPO employee (archeological technician) to monitor the project to insure that lands of cultural or historic importance are not destroyed. The company is then charged for this monitoring service and payments are made to the Crow Tribe.
The Director of the CTHPO from approximately 2005 until November 15, 2011 is identified here as X.X. During the time X.X. was Director, most of the monitors were his family members. Two other monitors, one of which was DEPUTEE, were not hired as Crow Tribe employees but were assigned as project monitors and received payment directly from the companies.
Sometime in the summer of 2009, X.X. approached the Vice-Chairman of the Tribe and tried to get the process changed so that the companies could make direct payments to the monitors. When he was told he couldn't do that, he indicated he would take the matter up with the Chairman. The Chairman was never approached and did not provide any approval for X.X.'s request.
Even though his request was denied, X.X. began advising companies that payments would now be made directly to the tribal monitors assigned to the project. At first, in the summer of 2009, few direct payments were arranged. However, in the summer of 2010, the CTHPO staff person who insured that companies were properly billed and that CTHPO payments went to the Tribe left the office, and direct billing - having companies pay monitors personally instead of remitting the fee to the Crow Tribe - became much more prevalent.
From July 2009 to November 2011, a total of over $500,000 in monitoring service payments from the companies doing business on the Crow Reservation were diverted to the personal use and benefit of the employees of the CTHPO and the two non-employees - one of which was DEPUTEE - assigned to projects as a monitor.
In the Summer of 2011 - from June to August - DEPUTEE was assigned as a monitor to the Sarpy Creek project, which was the Westmoreland Resources expansion of the Absaloka Coal Mine in the Powder River Basin. DEPUTEE's assignment was to monitor the progress of the project to insure that no culturally, archeologically, or historically important sites were disturbed.
A Westmoreland sub-contractor, GCM Services, went forward with an extensive excavation of the site with the approval of X.X., who, as Director of the CTHPO, had assigned DEPUTEE and others as project monitors. As a result of the approved site plan, a 2,000-year-old bison kill site was unearthed in 2011 with heavy equipment, causing significant, irreparable damage to the site. The largest bison bone bed was estimated to cover almost 3,000 square meters and contained the remains of hundreds, perhaps thousands, of butchered bison remains and prehistoric spear points dating back to the Late Archaic period.
When interviewed, DEPUTEE maintained that he was authorized by his aunt to work as a monitor on the site and denied knowing that the money paid by the companies were tribal fees which should have been deposited with the tribal government. His aunt had no supervisory role at the CTHPO. DEPUTEE was convinced - based on the assurances given to him by his aunt - that he could act, and was participating in the CTHPO activities, as an independent contractor role and also received payment directly from GCM. He admitted, however, that he did not work the hours for which he billed the company and acknowledged the wrongfulness of billing for hours not worked. According to a GCM Services company representative, "the monitors often did not show up, and, if they did, they often only worked one to three hours."
I meet regularly with tribal officials on each of Montana's reservations, and at each meeting they ask this office to do more to put an end to corruption and theft in the administration of federal grants and programs. I take - and have taken - their pleas to heart when my office created the Guardians Project with just that mission in mind. The change of plea today represents just one of many, many steps this office will take to respond the concerns of our Indian communities for honesty and integrity in tribal government." Michael W. Cotter, United States Attorney for the District of Montana.
DEPUTEE faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by a team of agents and auditors working with the U.S. Attorney's Guardians Project, including the Office of Inspector General for the Department of Interior, the Federal Bureau of Investigation, and the Criminal Investigation Division of the Internal Revenue Service.
A copy of the Offer of Proof can be obtained by contacting Sally Frank at (406) 247-4638.
Delwayne Denny 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 January 29, 2013, before U.S. Magistrate Judge Keith Strong, DELWAYNE DENNY, a 30-year-old resident of Box Elder and an enrolled member of the Chippewa Tribe, pled guilty to sexual abuse. Sentencing has been set for May 10, 2013.
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 March 11, 2012, DENNY, along with three other adults, returned to a house located on the Rocky Boy's Indian Reservation. The victim, who was very intoxicated, was taken into one of the bedrooms, by two concerned teenage boys, to "sleep it off." At some point in the evening DENNY went into the bedroom and engaged in sexual intercourse with the victim, even though she was passed out.
The victim regained consciousness and demanded that DENNY stop having sex with her. The victim grabbed clothes and left the house to look for help. Law enforcement had been called by a neighbor. Law enforcement found the victim in the fetal position in the middle of the roadway, crying hysterically. The victim was transported to the emergency room in Havre and consented to a sexual assault exam.
DENNY faces possible penalties of life in prison, a $250,000 fine and lifetime supervision.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Rocky Boy's Police Department.
Charles Spotted Elk-Booth Jr. 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 January 29, 2013, before Chief U.S. District Judge Richard F. Cebull, CHARLES SPOTTED-ELK BOOTH, JR., a 26-year-old resident of Lame Deer, was sentenced to a term of:
Prison: 100 months
Special Assessment: $100
Supervised Release: 3 years
BOOTH was sentenced in connection with his guilty plea to aiding and abetting assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Lori H. Suek, the government stated it would have proved at trial the following:
On the evening of November 17, 2007, BOOTH, two adult males, and a juvenile male were driving around Lame Deer on the Northern Cheyenne Indian Reservation in southeastern Montana drinking. The group saw the victim walking down the street and decided to pick her up. She was staggering as she walked, because she was drunk. She got into the car with the men and sat in the back between BOOTH and one of the adult males. The group then bought more alcohol - vodka - and continued to drive around Lame Deer until they parked in a remote area in the hills near Lame Deer.
During the time that the group was parked in the remote area, the victim was repeatedly raped and beaten by various members of the group. At some point, she was naked and placed in the trunk of the car. The group then drove around with her in the trunk for several hours until she was rescued from the trunk by police.
When the victim was found in the trunk, she had extensive bruising on her legs, thighs, buttocks, arms and checks, and lacerations and abrasions all over her body. The victim was taken to the hospital for treatment. Photographs of the victim's body were taken at the hospital and several days later. The injuries shown in the photographs, as well as testimony of the victim and medical personnel, would establish that the victim suffered extreme physical pain from the injuries, and suffered a substantial risk of death from having been locked in the trunk for an extended period of time.
All of the participants in the crime, including BOOTH, were interviewed multiple times during the investigation. Through the testimony of co-defendants and the admissions of the defendant, the United States would prove that BOOTH aided and abetted in the assault of the victim and contributed to the injuries suffered by the victim. Additionally, BOOTH previously pleaded guilty to assaulting the victim in tribal court. Although the United States could not use the admissions made during that plea during its case in chief at a trial, the United States would have been able to use those admissions to impeach any contrary testimony BOOTH would give at trial, if he chose to testify on his own behalf.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BOOTH will likely serve all of the time imposed by the court. In the federal system, BOOTH 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 Bureau of Indian Affairs.
Larry Eugene Green, Jr. 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 January 25, 2013, before Chief U.S. District Judge Richard F. Cebull, LARRY EUGENE GREEN, JR., a 26-year-old resident of Billings, appeared for sentencing. GREEN was sentenced to a term of:
Prison: 150 months
Special Assessment: $300
Restitution: $13,419.82
Supervised Release: 5 years
GREEN was sentenced in connection with his guilty plea to assault on a federal officer, conspiracy to possess methamphetamine with intent to distribute and distribute, and carrying a firearm in furtherance of a drug trafficking offense.
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:
On June 5, 2012, members of the United States Marshals Montana Violent Offenders Task Force were in the process of executing an arrest of GREEN with a valid arrest warrant, when GREEN was seen driving a silver Chevrolet Malibu. GREEN attempted to run away as members of the Task Force attempted to box in his car to execute the arrest. GREEN accelerated his car and struck a Deputy United States Marshal's government vehicle, a black Dodge Charger, in the area around the driver's side door, while a Deputy United States Marshal was operating the vehicle. GREEN struck the vehicle in an attempt to inflict harm to stop his apprehension by law enforcement.
GREEN exited the vehicle on foot and members of the Task Force engaged in a foot pursuit. GREEN was apprehended following the foot pursuit and arrested. A firearm was recovered in the floorboard area of GREEN's vehicle on the driver's side. Approximately eleven (11) grams of suspected methamphetamine was recovered on GREEN's person.
A search warrant for GREEN's vehicle was applied for and executed by law enforcement. The search yielded approximately 370 grams of suspected cocaine, approximately 156 grams of suspected methamphetamine, and approximately 5 grams of suspected marijuana, and 19 suspected ecstasy tablets. The suspected methamphetamine and suspected cocaine tested positive for the listed compounds using a presumptive field test. A second firearm was also located in the vehicle.
Following the assault on the Deputy U.S. Marshal and the search of GREEN's car, law enforcement discovered that GREEN was part of a larger methamphetamine distribution organization in Yellowstone County. The investigation uncovered that from January 2010 to June 2012, GREEN conspired with others to receive and distribute over 500 grams of a mixture containing a detectable amount of methamphetamine in Yellowstone County.
Additionally, law enforcement learned that during the course of his involvement in the methamphetamine conspiracy GREEN carried a firearm for personal protection and the protection of his drugs, specifically a Phoenix Arms, .22 cal. semi-automatic.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that GREEN will likely serve all of the time imposed by the court. In the federal system, GREEN 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 Montana Violent Offenders Task Force and the Billings Big Sky Safe Streets Task Force.
Informational: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on January 25, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individuals were arraigned:
WAYLON RONALD BURNS, a 35-year-old resident of Lame Deer, appeared on charges of aggravated sexual abuse and attempted aggravated sexual abuse. He is currently detained. If convicted of these charges, BURNS faces possible penalties of life in prison, a $250,000 fine, and 5 years supervised release. Assistant U.S. Attorney Lori H. Suek is the prosecutor for the United States. The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.
WALTER MITCHELL STEWART, JR., a 57-year-old transient, appeared on charges of abusive sexual contact, failure to register as a sexual offender with enhancements, and penalties for registered sexual offenders. He is currently detained. If convicted of these charges, STEWART faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to 30 years, a $250,000 fine, and 5 years supervised release. Assistant U.S. Attorney Marcia K. Hurd is the prosecutor for the United States. The investigation was a cooperative effort between the Federal Bureau of Investigation, the Bureau of Indian Affairs, and the United States Marshals Service.
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.
Ashley Ann Lamere 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 January 28, 2013, before Chief U.S. District Judge Richard F. Cebull, ASHLEY ANN LAMERE, a 32-year-old resident of Billings, appeared for sentencing. LAMERE was sentenced to a term of:
Prison: 100 months
Special Assessment: $200
Restitution: $33,823.28
Forfeiture: $244,890.00
Supervised Release: 3 years
LAMERE was sentenced in connection with her guilty plea to wire fraud and bribery.
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:
LAMERE, aka Ashley Ann Thompson, operated numerous office supply companies and/or used various company names to defraud the United States military through various schemes, to include the following: billing government credit cards without authorization; billing more than was authorized on government credit cards; and bribing government officials to purchase additional items with cash and gift cards. LAMERE operated and/or used the following companies to accomplish her scheme: Base Suppliers, Inc., Federal Office Supply, Fresh, Government Cartridge Supply, Impac Office Supply, Red Dog Toner, Rimrock Office Supply, Servumart, and Yellowstone Office Supply. LAMERE operated the previously described companies out of two Billings addresses between 2005 and 2010. The companies focused on selling office supplies to government agencies, primarily the military, through telemarketing.
To accomplish the scheme to defraud, LAMERE and her employees gave military procurement personnel Western Union and Money Gram wires, gift cards and cash to either induce them into buying office supplies through the companies and/or as a gratuitous gift after the order was placed. LAMERE and her employees sent the military procurement personnel the wires, cards and cash via Federal Express packages, often times sent to the procurement personnel's personal address. Even after LAMERE and her employees were told by procurement personnel that they were not allowed to accept gifts over approximately $20, LAMERE and her staff continued to offer and provide amounts far in excess of $20 to military members.
Once military personnel were promised wires, cash and gift cards, LAMERE and her employees often did not send all the agreed upon supplies. At times, no supplies at all were sent by LAMERE and her employees to fulfill the individual orders. Also, after obtaining a Government Purchase Card (GPC) number from a military member, LAMERE and her employees made unauthorized charges on the GPC cards.
Military procurement personnel can authorize, without a supervising officer's approval, charges under $3,000. In an effort to circumvent the military procurement rules and regulations LAMERE set up numerous companies so more than $3,000 could be ordered from the various companies on any given day. LAMERE went so far as to provide guidance to military procurement personnel to assist them in avoiding detection from auditing authorities.
A total of 24 government procurement professionals were interviewed by law enforcement. Of the 24 interviewed, 17 individuals admitted receiving cash and/or gift cards in exchange for placing supply orders with the subject companies. In addition law enforcement used a cooperating witness and an undercover agent to record and monitor LAMERE and her business practices. Both individuals' contacts with LAMERE supported the claims that LAMERE bribed government procurement officers and billed unapproved charges to GPC cards. Specifically, the investigation uncovered that on or about March 12, 2010, at Billings, LAMERE directly offered cash to E.C., a member of the United States Navy responsible for obtaining supplies on behalf of his/her unit, if he/she continued to purchase unnecessary office supplies from LAMERE's companies. On March 15, 2010, at Billings, LAMERE caused to be transmitted by means of wire communication in interstate commerce a Money Gram wire transfer of $300 from LAMERE, in Billings, to E.C. in Jacksonville, Florida, to pay the bribe offered on March 12, 2010.
From 2008 to 2010, LAMERE obtained more than $1 million in purchases from credit cards through her various companies. LAMERE's business expenses, as deduced from her bank records, were less than $100,000 during the same time period.
The case against Ashley Lamere was an excellent example of cooperation amongst numerous agencies all over the United States," said U.S. Attorney Michael W. Cotter. "Bribery, as in this case, disrupts the good and proper functioning of the government. Today's sentence demonstrates that the District of Montana takes allegations of bribery seriously and will vigorously investigate and prosecute those perpetrating fraud on the United States."
Ethics matter for federal employees and those who do business with the federal government," said GSA Inspector General Brian D. Miller. "We have no tolerance for bribes, kickbacks, or corruption."
The Defense Criminal Investigative Service (DCIS), along with our law enforcement partners, continue to aggressively investigate public corruption and fraud involving Department of Defense and other Federal contracting matters. This sentencing demonstrates the Federal Government's continuing resolve to ensure those who violate the law are brought to justice and held accountable for their actions. This sentence will help deter others who would consider betraying the public trust", said Special Agent in Charge Janice Flores, DCIS, Southwest Field Office.
Rest assured those who find ways to fraudulently benefit from government programs will be brought to justice. IRS Criminal Investigation will work diligently with our law enforcement partners to combat such fraud," said Stephen Boyd, IRS Criminal Investigation Special Agent in Charge for the State of Montana.
Special Agent in Charge David J. Johnson of the FBI Salt Lake City Division: "The defendant's sophisticated network of bribery and fraud caused substantial losses to taxpayers. Using cash and gift cards as bait to illegally gain government purchasing card numbers, the defendant devised a far-reaching and multi-million dollar scheme against the U.S. Government. The FBI would like to thank all the investigators and prosecutors who aggressively pursued this case and brought this defendant to justice."
The highly successful nation-wide task force included Special Agents of the Western Region, Investigations Division, Office of the Inspector General, Defense Logistics Agency. Cooperation between the various law enforcement and investigative agencies was critical to the overall success of the task force." Kathy M. Roberts, Supervisory Special Agent, Chief, Western Region, DLA Office of the Inspector General Investigations Division.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that LAMERE will likely serve all of the time imposed by the court. In the federal system, LAMERE 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 Navy Criminal Investigation Service, General Services Administration - Office of Inspector General, U.S. Department of Defense - Office of Inspector General, Criminal Investigation Division of the Internal Revenue Service, Air Force Criminal Investigation Division, and the Army Criminal Investigation Division.
Informational: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on January 24, 2013, before U.S. Magistrate Judge Keith Strong, the following individuals were arraigned:
CASEY LEE MARTIN, a 31-year-old resident of Hays, appeared on a charge of assault with a dangerous weapon. He is currently detained. If convicted of this charge, MARTIN faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Jessica A. Betley is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
MARK EDWIN ABRESCH, a 54-year-old resident of Great Falls, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, and distribution of methamphetamine. He is currently detained. If convicted of these charges, ABRESCH faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $5,000,000 fine, and 5 years supervised release. Assistant U.S. Attorney Jessica A. Betley is the prosecutor for the United States. The investigation was conducted by the Drug Enforcement Administration.
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 Missoula, on January 24, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, the following individual was arraigned:
COLEEN FURTHMYRE, a 46-year-old resident of Helena (formerly of Anaconda), appeared on charges of wire fraud and theft of government money. She is currently released on special conditions. If convicted of these charges, FURTHMYRE faces possible penalties of 20 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Timothy J. Racicot is the prosecutor for the United States. The investigation was a cooperative effort between the U.S. Secret Service and the U.S. Department of Health and Human Services - Office of Inspector General.
The defendant 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.
Douglas Edward Cottrell 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 January 23, 2013, before U.S. District Judge Sam E. Haddon, DOUGLAS EDWARD COTTRELL, a 42-year-old resident of Great Falls, appeared for sentencing. COTTRELL was sentenced to a term of:
Probation: 3 years
Special Assessment: $100
Restitution: $7,707
COTTRELL was sentenced in connection with his guilty plea to supplemental social security income benefit fraud.
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:
Beginning in August 2007, and continuing until December 2009, COTTRELL, intentionally concealed and failed to disclose his incarceration in Montana State Prison in order to continue to receive SSI and SSDI benefits payments provided to him by the Social Security Administration.
On April 13, 2007, COTTRELL applied for Social Security Supplemental Security Income ("SSI") benefits. COTTRELL was advised by the claims representative that he must legally report events that could affect his eligibility for SSI and Social Security Disability Insurance ("SSDI").
On May 25, 2007, the SSA claims representative conducted an SSI application review with COTTRELL and again advised him of his legal obligation to report events affecting his eligibility to SSI. Several of those events included his fugitive felon and parole or probation violation status, his living arrangements, his resources, and his income. He was approved for both SSI and SSDI.
On June 1, 2007, SSA sent COTRELL a "Notice of Award" letter for his SSI application. The letter also included a pamphlet, "What you need to know when you get SSI." Both the pamphlet and the letter again advised COTTRELL of his legal reporting requirements regarding events affecting his eligibility to SSI. Indeed, the pamphlet informed COTTRELL he must report his incarceration and stated, "benefits usually are not paid to someone who commits a crime and is confined to an institution by court order and at public expense." SSA sent another letter and pamphlet to COTTRELL on June 3, 2007 relating to the SSDI payments.
On June 8, 2007, COTTRELL was convicted of felony sexual assault in Cascade County and was sentenced to 10 years with 6 years suspended in Montana State Prison. He was admitted to prison on August 13, 2007.
Several years later, the SSA Great Falls Office received an anonymous call stating that the caller did not think it was right that COTTRELL could collect SSI and SSDI benefits while incarcerated in Deer Lodge. The SSA began an investigation and verified that COTTRELL was incarcerated and had a scheduled release date of July 3, 2011.
Shortly thereafter, SSA interviewed COTTRELL and he stated that he knew that he was required to report his incarceration and that if he did he would lose his SSI and SSDI benefits. He indicated that he had attempted to send one letter to SSA to notify them of his incarceration. No letter was ever received by SSA. He said he made no further attempts to contact SSA after the letter. He stated, "Yes, I knew that if I was getting the payments [SSA benefits], then the SSA probably didn't know I was in prison, but it was on the government."
During COTTRELL's incarceration, he was visited by his fiancé. COTTRELL told investigators that he told her to take the SSA benefit payments out of his personal bank account to pay rent, car payments, bills, and to deposit some of the money into his prison account.
The total amount of overpayment based upon the unauthorized payments and upon COTTRELL's failure to report the required events was $18,464.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that COTTRELL will likely serve all of the time imposed by the court. In the federal system, COTTRELL 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 Social Security Administration - Office of Inspector General.
Joseph Pretty on Top 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 January 23, 2013, before Senior U.S. District Judge Jack D. Shanstrom, JOSEPH PRETTY ON TOP, a 49-year-old resident of Lodge Grass, appeared for sentencing. PRETTY ON TOP was sentenced to a term of:
Probation: 3 years
Special Assessment: $300
Restitution: $3,324
PRETTY ON TOP was sentenced in connection with his guilty plea to theft by an employee of an Indian gaming establishment and theft by employee of an Indian casino.
In an Offer of Proof filed by Assistant U.S. Attorney E. Vincent Carroll, the government stated it would have proved at trial the following:
On April 11, 2012, an investigation was opened after allegations that approximately $3,000 was stolen from the gaming machines at the Absaalooka Nights Casino at Crow Agency. The investigation revealed that PRETTY ON TOP, a security guard for the Absaalooka Nights Casino, had turned off the surveillance cameras to an area of the casino and, without authorization, took money out of the gaming machines in that area. PRETTY ON TOP took $681 on 3/18/2012; $1,132 on 3/20/2012; and $1,511 on 3/22/2012, for a total of $3,324. When interviewed by law enforcement, PRETTY ON TOP admitted to taking the money. Also, part of the thefts were caught on other surveillance videos.
The Absaalooka Nights Casino is a gaming establishment operated by and for, and licensed by, the Crow Tribe pursuant to an ordinance approved by the National Indian Gaming Commission.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that PRETTY ON TOP will likely serve all of the time imposed by the court. In the federal system, PRETTY ON TOP 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.
Informational: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on January 23, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individuals were arraigned:
JERARD DAVID JO THREEFINGERS, a 23-year-old resident of Lame Deer, appeared on charges of involuntary manslaughter and assault resulting in serious bodily injury. He is currently released on special conditions. If convicted of these charges, THREEFINGERS faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Lori Harper Suek is the prosecutor for the United States. The investigation was conducted by the Bureau of Indian Affairs.
KYLE LEE FULMER, a 29-year-old resident of Ashland, appeared on a charge of involuntary manslaughter. He is currently released on special conditions. If convicted of this charge, FULMER faces possible penalties of 8 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Lori Harper Suek is the prosecutor for the United States. The investigation was conducted by the Bureau of Indian Affairs.
DELBERT DEAN SPEAR, a 24-year-old resident of Crow Agency, appeared on a charge of assault with a dangerous weapon. He is currently detained. If convicted of this charge, SPEAR faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Marcia K. Hurd is the prosecutor for the United States. The investigation was a cooperative effort between the Bureau of Indian Affairs and the Federal Bureau of Investigation.
KERRY LYNN VAN HAELE, a 29-year-old resident of Billings, appeared on charges of conspiracy to possess with the intent to distribute methamphetamine and (2) counts of possession with the intent to distribute and distribution of methamphetamine. He is currently detained. If convicted of these charges, VAN HAELE faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $4,000,000 fine, and 8 years supervised release. Assistant U.S. Attorney Jessica T. Fehr is the prosecutor for the United States. The investigation was a cooperative effort between the Billings Big Sky Safe Streets Task Force, the Drug Enforcement Administration, and the U.S. Department of Homeland Security - Homeland Security Investigations.
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.
Dan James Nichols 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 January 17, 2013, before U.S. District Judge Dana L. Christensen, DAN JAMES NICHOLS, a 47-year-old resident of Belgrade, appeared for sentencing. NICHOLS was sentenced to a term of:
Prison: 48 months
Special Assessment: $100
Forfeiture: $288,000
Supervised Release: 3 years
NICHOLS was sentenced in connection with his guilty plea to conspiracy to maintain drug-involved premises.
In an Offer of Proof filed by Assistant U.S. Attorneys Joseph E. Thaggard, Paulette L. Stewart, and Jessica T. Fehr, the government stated it would have proved at trial the following:
Richard Flor, Sherry Flor, and Justin Flor manufactured marijuana at an annual outdoor grow operation maintained on the premises of the Flor residence in Miles City during a time period that included the years 2006 through 2010.
In early 2009, several individuals, including Thomas Daubert and Christopher Lindsey, decided to join the Flors in the manufacture and distribution of marijuana in Montana. Ultimately, commencing in approximately April 2009, those involved in the conspiracy grew marijuana at the Flor residence in Miles City and at least one location near Three Forks, as well as at a series of large greenhouses comprising the former State Nursery in Helena. Once manufactured, the marijuana was distributed from various points, including locations in Helena, Missoula, Billings, and the Flor residence in Miles City. The undertaking operated under the name "Montana Cannabis."
In approximately the summer of 2010, NICHOLS moved to the premises on which the State Nursery is located. Witnesses would have testified that NICHOLS assisted in the operation at the facility by, among other things, acting as an armed security guard for the undertaking.
In 2010, law enforcement began an investigation of the drug trafficking crimes and a cooperating witness would have testified that he/she assisted members of the conspiracy to manage money generated by the sale of the marijuana. Members of the conspiracy deposited money earned from the sale of marijuana manufactured during the conspiracy into bank accounts. The witness would have testified that, once in the bank accounts, the money was used to promote the conspiracy by providing compensation to the coconspirators or providing funds to finance the continued production and distribution of marijuana.
Bank records related to the conspiracy were examined and in excess of $1,000,000 was deposited in the various bank accounts employed to promote the conspiracy.
On March 14, 2011, law enforcement searched the Flor residence in Miles City and the greenhouses located in Helena, as well as locations in Billings, Helena, and Missoula from which marijuana was distributed.
Law enforcement seized approximately 950 marijuana plants from the greenhouses located at the former State Nursery in Helena. Agents encountered NICHOLS while searching the premises at the State Nursery. NICHOLS emerged from a camp trailer and was wearing an empty holster. Agents recovered firearms, including at least one pistol, from the camp trailer. Agents also seized other firearms from other locations on the premises of the State Nursery.
Law enforcement also seized marijuana ready for sale from distribution points maintained by the conspirators in Helena, Missoula, and Billings, as well as the Flor residence in Miles City. A number of firearms were also seized from the Flor residence in Miles City.
The conspiracy involved the manufacture of at least 1,000 marijuana plants and at least 100 kilograms of a substance containing a detectable amount of marijuana.
On August 12, 2011, Jefferson County Sheriff's Office deputies patrolled the grounds of "Rockin' The Rivers" concert in Jefferson County. They smelled marijuana and observed an apparent drug deal taking place among several males. They would have testified NICHOLS had two clear bags of a substance he was preparing to distribute to another male.
The deputies would have testified they approached NICHOLS, who they told to sit down. Instead, NICHOLS began throwing away plastic bags containing suspected marijuana, as well as a brown material. NICHOLS began to run away, refused to heed their directions to stop, and was ultimately subdued with the assistance of a bystander.
The plastic bags NICHOLS discarded were recovered and a forensic chemist for the Montana Division of Forensic Sciences would have testified the brown material contained 0.70 grams of a substance containing a detectable amount of opium, a Schedule II controlled substance.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that NICHOLS will likely serve all of the time imposed by the court. In the federal system, NICHOLS 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 following federal, state and local law enforcement agencies: the Drug Enforcement Administration, U.S. Immigration and Customs Enforcement's Homeland Security Investigations, Criminal Investigation Division of the Internal Revenue Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, the Environmental Protection Agency-Criminal Investigation Division, U.S. Customs and Border Protection-Border Patrol, and the Occupational Safety and Health Administration. These federal agencies were assisted by local High Intensity Drug Trafficking Area task forces, the Northwest Drug Task Force, the Kalispell Police Department, the Flathead County Sheriff's Office, the Missoula Police Department, the Missoula County Sheriff's Office, the Missoula High Intensity Drug Trafficking Area (HIDTA) Task Force, the Great Falls Police Department, the Cascade County Sheriff's Office, the Central Montana Drug Task Force, the Billings Police Department, the Yellowstone County Sheriff's Office, the Jefferson County Sheriff's Office, the Eastern Montana High Intensity Drug Trafficking Area (HIDTA) Task Force, the Dillon Police Department, the Beaverhead County Sheriff's Office, the Park County Sheriff's Office, the Bozeman Police Department, the Gallatin County Sheriff's Office, the Belgrade Police Department, the Missouri River Drug Task Force, the Helena Police Department, the Lewis & Clark Sheriff's Office, and the Eastern Montana Drug Task Force - Miles City.
Cenex Harvest States, Inc. 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 January 22, 2013, before U.S. District Judge Sam E. Haddon, Cenex Harvest States, Inc., (CHS Inc.) was fined $500,000 for failure to report a release of a hazardous substance. In addition, CHS will make a $50,000 payment to the Phillips County Rural
Fire Department as community service and pay a $400 special assessment.
In an Offer of Proof filed by Assistant U.S. Attorney Kris A. McLean, the government stated it would have proved at trial the following:
The Milk River Cooperatives' (MRC) facility at Malta is owned by CHS Inc. The MRC facility's primary business consisted of retail sales of feed and seed, fertilizers, pesticides, and herbicides to local farmers. During late 2009, the herbicides stored at the MRC facility included approximately 1,800 pounds of materials containing the chemical 2,4-D.
On November 21, 2009, at approximately 1:30 a.m., the MRC facility caught fire. The Phillips County Volunteer Fire Department Chief arrived on the scene at approximately 2:00 a.m. The Chief observed the MRC facility manager on sight moving equipment to safety. The MRC facility manager told the Chief that the building held a variety of different chemicals. The Chief told the MRC facility manager to place berms in the ditches to contain the flow of chemicals and to "get hold of a hazmat team." The Chief was concerned about the liquid chemicals all over the floor of the building. The MRC facility manager watched large barrels of the chemical 2,4-D go up in flames. The MRC facility manager asked the fire department to not spray water on the fire to prevent the spreading of the chemicals. The Chief left the fire scene at approximately 4:30 a.m. and observed that most of the chemicals located inside the building had burned or released to the air and ground.
The general manager for all MRC facilities arrived on the scene at approximately 3:30 a.m. Upon his arrival, the general manager took a CHS Inc. emergency response card out of his wallet and called CHS Inc.'s Environmental, Health and Safety Manager to notify him of the fire. The Environmental, Health and Safety Manager called the State of Montana Disaster and Emergency Planning Services (MDES) to report the fire at CHS Inc.'s Malta facility. The MDES planner that received the call understood that it was a warehouse fire and that chemicals such as glyphosate, 2,4-D and Round-up were contained in the warehouse. The MDES planner understood from CHS Inc.'s Environmental, Health and Safety Manager that the fire was small and of no significance. The MDES planner was not told that chemicals were released onto the ground or that the chemicals posed any risk. The MDES planner understood the fire was under control and contained in the facility. No one from CHS Inc. placed a call to the National Response Center or the EPA Emergency Response Center in Denver, Colorado.
The manager of CHS Inc.'s Big Sandy facility also served as the safety manager for its Malta facility. This CHS Inc. manager responded to the fire scene at approximately 7:00 a.m. on November 21. The manager provided an inventory of chemicals that had been stored at the Malta facility to the Malta Fire Department. The manager was very concerned about products containing 2,4-D being toxic and dangerous when consumed in a fire. The manager later stated that if the wind had been blowing west, towards Malta, they would have evacuated the town. Shortly after the fire, 14 calves downwind at a ranch east of Malta died of a lung ailment. A veterinarian stated that toxic smoke from the fire could not be ruled out as a cause of death. CHS Inc. paid the owners of the calves market value for the dead calves and also purchased approximately 473 head of cattle that had been exposed to smoke from the MRC facility fire.
Cleanup of the fire's aftermath included collection of 6,750 gallons of a water/chemical mixture waste created by fire suppression efforts. Impacted soils around the facility were excavated. Approximately 130 cubic yards of 2,4-D contaminated soil was collected and held for proper disposal.
Congress has passed many laws regulating companies to be good neighbors to the environment. There is an existing regulatory framework to protect the public health of Montana citizens and Montana businesses. In fact, most of the environmental laws, like the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), came into existence 30 or 40 years ago. Under CERCLA, CHS had the duty to immediately notify the National Response Center as soon as it had knowledge of an unpermitted release of hazardous substance, specifically the chemical 2,4-D. CHS failed its duty." said U.S. Attorney Michael W. Cotter. "The failure by any individual or corporation to properly report and handle a chemical spill will be investigated and prosecuted in the District of Montana. The U.S. Attorney's Office will continue to strive to protect Montanans' public health and safety and the environment for generations to come."
Complete, accurate and honest reporting is essential in order to protect the public when harmful toxins are released from facilities," said Jeffrey Martinez, Special Agent in Charge of EPA's criminal enforcement program in Montana. "Following a fire and release of hazardous substances, the defendant failed to notify the proper authority as required by law." "Today's sentence shows that this type of conduct will not be tolerated."
The investigation was conducted by the Environmental Protection Agency's Criminal Investigation Division.
Robert John and Rachael Marie Hanlon 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 January 17, 2013, before Chief U.S. District Judge Richard F. Cebull, ROBERT JOHN HANLON, age 40, and RACHAEL MARIE HANLON, age 24, residents of Roundup, appeared for sentencing.
ROBERT HANLON was sentenced to a term of:
Prison: 37 months
Special Assessment: $100
Supervised Release: 3 years
RACHEL HANLON was sentenced to a term of:
Probation: 5 years
Special Assessment: $100
They were sentenced in connection with their guilty pleas to conspiracy to maintain drug-involved premises.
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 2, 2011, the HANLONS operated a marijuana grow with 262 plants on their property in Musselshell County - some of the plants were inside the house, most of the plants were outside in various locations hidden in wooded areas. The HANLONS called law enforcement to their property claiming that they had shot an intruder who was bleeding on their bed inside the house. Both HANLONS admitted to possessing firearms recovered by law enforcement. They stated that RACHAEL did the shooting and ROBERT, a convicted felon, fixed the guns when they jammed and reloaded them for RACHAEL.
A Musselshell County Sheriff's deputy was first on the scene. He responded to a shooting call at the HANLON residence - initial call was 3 people in the house with guns. A second call was there was shooting at the residence and a subject was shot, lying in the bed bleeding. The deputy noted that both HANLONS appeared to be under the influence of some sort of narcotic due to their actions. No shooting victim was located. All shots fired appeared to come from inside the residence. The spent rounds were discharged through a window and outside the residence. The deputy observed several marijuana plants in the basement while clearing/checking the house while checking the immediate area surrounding the house. Other deputies located multiple marijuana grows in the wooded area around the residence. The HANLONS turned over 4 firearms to the deputies.
ROBERT advised the deputy that RACHAEL did all of the shooting and had difficulty with the firearms. When one would jam, ROBERT would take the firearm, clear it, load or reload the firearm, and give it back to RACHAEL.
RACHAEL told the deputy that once the subject was inside their bedroom room, RACHAEL fired one round from the 20 gauge shotgun and threw it down. RACHAEL and ROBERT then retreated into the master bathroom attached to the master bedroom. While in the bathroom, she continued to shoot at the subject on the bed. She used two different handguns shooting at the bed and out the window.
Law enforcement found the 262 marijuana plants in the house as well as in the wooded areas around the house. Dried marijuana was also found in the house and wooded areas.
During an interview with the law enforcement, ROBERT HANLON stated that the people were trying to break into their house, kill them, and take their (marijuana) grow.
The window and screen were still intact on the window that the HANLONS claimed someone came inside through. He noted that the window was approximately 8 feet from the ground on the main level of the house.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that they 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 a cooperative effort between the Musselshell County Sheriff's Office, the Valley County Sheriff's Office, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Criminal Investigation Division of the Internal Revenue Service.
Informational: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on January 17, 2013, before U.S. Magistrate Judge JEREMIAH C. LYNCH, the following individuals were arraigned:
ERIC DUFRESNE, a 39-year-old resident of Stevensville, appeared on a charge of possession of child pornography. If convicted of this charge, DUFRESNE faces possible penalties of 10 years in prison, 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 Internet Crimes Against Children (ICAC) Task Force, the Missoula County Sheriff's Office and the Montana Division of Criminal Investigation.
TERRANCE LAURENT TAYLOR, a 30-year-old resident of Alameda, California, appeared on a charge of tampering with a witness. He is currently released on special conditions. If convicted of this charge, TAYLOR faces possible penalties of 20 years in prison, a $250,000 fine, and 5 years supervised release. Assistant U.S. Attorney Cyndee L. Peterson is the prosecutor for the United States. The investigation was conducted by the United States Marshals Service.
JOSHUA EMIL RUNION, age 39, appeared on a charge of counterfeiting obligations or securities of the United States. He is currently detained. If convicted of this charge, RUNION faces possible penalties of 20 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Timothy J. Racicot is the prosecutor for the United States. The investigation was conducted by the U.S. Secret Service.
CURTIS KEITH TICHENOR, a 52-year-old resident of Helena, appeared on charges of robbery, being a felon-in-possession of a firearm, and possession with intent to distribute methamphetamine. He is currently detained. If convicted of these charges, TICHENOR faces possible penalties of 20 years in prison, a $250,000 fine, and 5 years supervised release. Assistant U.S. Attorney Timothy J. Racicot is the prosecutor for the United States. The investigation was a cooperative effort between the Federal Bureau of Investigation, the Missoula Police Department, and the High Intensity Drug Trafficking Area (HIDTA) Task Force.
THOMAS JOSEPH SPOTTED EAGLE, a 30-year-old resident of Ronan, appeared on charges of conspiracy to distribute marijuana and the use of a communications facility in furtherance of a drug-trafficking crime. He is currently released on special conditions. If convicted of these charges, SPOTTED EAGLE faces possible penalties of a mandatory minimum of 5 years and could be sentenced to 40 years, a $2,000,000 fine, and 4 years supervised release. Assistant U.S. Attorney Jessica T. Fehr is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation Task Force.
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.
Eugene Thomas Crawford, Jr., 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 January 18, 2013, before Chief U.S. District Judge Richard F. Cebull, EUGENE THOMAS CRAWFORD, a 46-year-old resident of Glendive, appeared for sentencing. CRAWFORD was sentenced to a term of:
Prison: 180 months
Special Assessment: $100
Supervised Release: life
CRAWFORD was sentenced in connection with his guilty plea to receipt of child pornography.
In an Offer of Proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:
In 2010, a computer, later found to belong to CRAWFORD, was found to have child pornography images and videos available via peer-to-peer file sharing programs. A search warrant was issued for CRAWFORD's residence in Glendive in January 2011, and various items of computer equipment was seized. When questioned, CRAWFORD admitted that he used the peer-to-peer file sharing program Limewire to receive and possess videos and images of child pornography.
A subsequent forensic examination revealed hundreds of images and movies of child pornography that CRAWFORD had received via the Internet during 2009 and continuing until the equipment was seized. CRAWFORD possessed images and movies of children clearly prepubescent and children engaged in sadistic or masochistic abuse or other depictions of violence. CRAWFORD had thousands of images and 125 videos of child pornography.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that CRAWFORD will likely serve all of the time imposed by the court. In the federal system, CRAWFORD 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 Division of Criminal Investigation and the Internet Crimes Against Children (ICAC) Task Force.
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, PSC marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about PSC, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/resources.html and click on the tab "resources."
Tanya Marie Nava 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 January 16, 2013, before Chief U.S. District Judge Richard F. Cebull, TANYA MARIE NAVA, a 38-year-old resident of Billings, appeared for sentencing. NAVA was sentenced to a term of:
Prison: 262 months
Special Assessment: $100
Supervised Release: 5 years
NAVA was sentenced in connection with her guilty plea to conspiracy to possess with intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:
On September 16, 2009, law enforcement arranged a controlled drug purchase utilizing a Confidential Human Source (CHS). The transaction was set for Grass Range and the CHS made arrangements with Lisa Martinez to set up the deal. Martinez told the CHS that she would be bringing two subjects with her and identified the vehicle in which they would be traveling. Later that evening, the CHS met Lisa Martinez, Lawrence "Larry" Kopp and NAVA at a gas station in Grass Range. The CHS noted that s/he handed Martinez $4,400 for two ounces of methamphetamine and that Larry Kopp was driving and NAVA was in the front passenger seat. After the transaction was completed, a uniformed deputy in Mussellshell County stopped the vehicle for a traffic violation and positively identified all three subjects. Kopp, NAVA, and Martinez, acting in concert, distributed 43.2 grams of 49.4% methamphetamine or 21.3 grams of actual methamphetamine, a Schedule II controlled substance.
On September 28, 2009, the same CHS made telephonic contact with Martinez again for the purpose of purchasing one ounce of methamphetamine in Billings. The following day, on September 29, 2009, the CHS called Martinez again, and she told the CHS to come to her residence in Billings. After arriving at the location, the CHS made contact again with Martinez, Larry Kopp, and NAVA. On the body wire recording, NAVA and Larry Kopp could be heard weighing the methamphetamine out together, as they were having a disagreement as to how much was in an ounce. NAVA and Kopp were acting in concert and aided and abetted each other in weighing out the one ounce of methamphetamine that was to be distributed to the CHS. The CHS ended up purchasing 26.9 grams of 47.9% methamphetamine or 12.8 grams of actual methamphetamine, a Schedule II controlled substance, for $2,400 cash. After the CHS left, it was realized that a digital scale belonging to the Drug Task Force was left there.
On October 23, 2009, the CHS set up another methamphetamine purchase. The CHS agreed to meet CG, who resided with NAVA, Larry Kopp, and Lisa Martinez in Roundup. The CHS met with CG, who was driven to the meet by Joseph Lira with NAVA in the vehicle. The purchase consisted of two ounces of methamphetamine for $4,200. Lira was positively identified as the driver of the vehicle during an interview with CG. CG advised Lira knew the trip to Roundup was for a methamphetamine deal.
On November 12, 2009, the CHS spoke again with CG, and advised that s/he would be sending a friend of theirs to pick the drugs up in Billings. This "friend" was an undercover agent (UA). The UA made telephonic contact with CG on NAVA's cell phone and arranged to meet at a parking lot in Billings. CG called the UA and stated he was standing in front of the store, and the UA picked him up. After the three ounces of methamphetamine and $7,500 was exchanged, the UA dropped CG off around the corner at another business.
Surveillance units observed CG exit the business with NAVA and another person, and the three got into a pickup and left the area. The vehicle was followed and a traffic stop was conducted on it. All three subjects were detained and questioned, but all refused to cooperate. Most of the original buy money was recovered in NAVA's purse ($7,200), with the remaining $300 found in CG's purse.
On November 24, 2009, a search warrant was executed on NAVA's vehicle after it was impounded by the Billings Police Department. During a search of the vehicle, items of drug paraphernalia were located. Additionally, the digital scale that the FBI CHS left at NAVA's residence on the September 29 drug deal was located in the car.
Larry Kopp, Lisa Martinez, and Joseph Lira pled guilty to federal charges and have been sentenced.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that NAVA will likely serve all of the time imposed by the court. In the federal system, NAVA 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 Billings Big Sky Safe Streets Task Force and the Federal Bureau of Investigation.
Damian James Backer Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billiings, on January 17, 2013, before Chief U.S. District Judge Richard F. Cebull, DAMIAN JAMES BACKER, a 21-year-old resident of Lame Deer and an enrolled member of the Northern Cheyenne Tribe, appeared for sentencing. BACKER was sentenced to a term of:
Prison: 21 months
Special Assessment: $100
Supervised Release: 3 years
BACKER 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 August 2, 2011, BACKER came home to find X.X. in the act of raping the victim. BACKER then confronted X.X. and chased him out of the house. BACKER then had an argument with the victim outside of the residence that turned physical. Specifically, BACKER grabbed the victim to carry her back to their house. She struggled with him and fell to the street. BACKER was angry with her and her struggles. He hit and kicked her while she was on the ground. The assault was witnessed by neighbors.
The victim suffered a fracture of her right eye socket with bleeding into the sinuses. She also had severe bruising and lacerations on her eyelids, the bridge of her nose, her right and left cheeks, and lips. She also had some bruises and abrasions on her upper body, knees, and the top of her right foot. These injuries constitute serious bodily injury.
The crime occurred on the Northern Cheyenne Indian Reservation.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BACKER will likely serve all of the time imposed by the court. In the federal system, BACKER 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.
Tammy Lynn Lapie 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 January 15, 2013, before U.S. District Judge Sam E. Haddon, TAMMY LYNN LAPIE, a 47-year-old resident of Great Falls, pled guilty to possession with the intent to distribute methamphetamine. Sentencing has been set for April 22, 2013. She is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
During January 2012, law enforcement originally became alerted to a methamphetamine distribution ring from Washington state to Great Falls.
In June 2012, law enforcement learned of an individual, X.X., who made repeated trips from Great Falls to Washington to obtain methamphetamine to re-sell in Great Falls.
On June 29, 2012, a CI (confidential informant) informed the drug task force that X.X. was returning to Great Falls from Washington with methamphetamine. The task force arranged for a controlled drug buy from X.X. near the University of Great Falls. The CI purchased methamphetamine. The CI then continued to make numerous controlled drug buys from X.X. over the next few days.
Law enforcement located X.X.'s car in early July 2012, and the task force tracked this car from Great Falls to Spokane, Washington. The car stayed in Spokane for less than two hours before returning to Great Falls. Law enforcement initiated a traffic stop of the car just outside of Great Falls and they obtained two ounces of methamphetamine. X.X., the driver of the car, told law enforcement he had traveled to Spokane to buy methamphetamine from "Bert." He had been supplied by Bert, who was identified as Robert Boucher, since February or March 2012. In total, X.X. believed he had obtained and distributed approximately ten ounces of methamphetamine that he received from Boucher.
X.X. told law enforcement that Boucher provided him with a GPS system in order for X.X. to find Boucher's house in Spokane. Once X.X. obtained the methamphetamine from Boucher, X.X. would sell the methamphetamine by the gram for $100 around Great Falls. Boucher sold the methamphetamine to X.X. for $1,400 an ounce.
X.X. and Boucher also dealt methamphetamine with LAPIE and another individual, Z.Z., in Great Falls. The methamphetamine dealing continued into the fall of 2012. During the end of October 2012, detectives interviewed additional witnesses. One witness stated that LAPIE was heavily involved in using and dealing methamphetamine. LAPIE obtained her methamphetamine from Boucher, and Boucher delivered methamphetamine to LAPIE approximately once a week.
The witness further provided that Boucher stored the methamphetamine in the hood and trunk of his car. He then divided the methamphetamine between the sellers who obtained the methamphetamine on credit. Boucher stayed in town at LAPIE's house until the money was collected. LAPIE would then repackage the methamphetamine into eight-ball baggies and distribute it to other sellers.
On November 13, 2012, a witness contacted the drug task force and stated Z.Z. was selling methamphetamine. Law enforcement then arranged controlled drug purchases from Z.Z. in Great Falls. The following evening, detectives saw Z.Z. drive to LAPIE's house, where he stayed for a half hour before again returning to his motel room. A little while later, Z.Z. and a woman drove to a gas station. Z.Z. conducted a drug deal in the parking lot. Officers conducted a traffic stop on Z.Z.'s car shortly thereafter.
After ordering Z.Z. out of the car, officers found a glass container of methamphetamine in Z.Z.'s pocket. He spoke with law enforcement and said he had been dealing methamphetamine with LAPIE. Z.Z. regularly purchased two eight balls of methamphetamine per week from LAPIE. Z.Z. also identified Boucher as one of LAPIE's suppliers and said he delivered methamphetamine to LAPIE once per week.
LAPIE faces possible penalties of a mandatory minimum of 5 years and could be sentenced to 40 years, a $5,000,000 fine, and 4 years supervised release.
The investigation was conducted by the Russell County Drug Task Force.
Sally
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on January 11, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individual was arraigned:
ERIN RUTH SMITH, a 22-year-old resident of Wyola, appeared on (3) counts of assault resulting in serious bodily injury. He is currently detained. If convicted of these charges, SMITH faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release for each count. Assistant U.S. Attorney E. Vincent Carroll is the prosecutor for the United States. The investigation was a cooperative effort between the Bureau of Indian Affairs and the Federal Bureau of Investigation.
The defendant 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.
Henry Lopez and April Tyson 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 January 14, 2013, before U.S. District Judge Sam E. Haddon, HENRY LOPEZ, a 50-year-old resident of Los Angeles, California, and APRIL ANN TYSON, a 29-year-old resident of Seattle, Washington, appeared for sentencing. Anthony Ryan Yeverino, a 19-year-old resident of Seattle/Los Angeles, and Louis James Romero, a 44-year-old resident of Seattle/Los Angeles, were previously sentenced for their role in the conspiracy.
LOPEZ was sentenced to a term of:
Prison: 360 months
Special Assessment: $100
Supervised Release: 5 years
TYSON was sentenced to a term of:
Prison: 120 months
Special Assessment: $100
Supervised Release: 5 years
YEVERINO was sentenced to a term of:
Prison: 63 months
Special Assessment: $100
Supervised Release: 5 years
ROMERO was sentenced to a term of:
Prison: 235 months
Special Assessment: $100
Supervised Release: 6 years
LOPEZ, TYSON, Yeverino and Romero were all sentenced in connection with their guilty pleas to conspiracy to possess with the intent to distribute methamphetamine or possession with intent to distribute methamphetamine.
In Offers of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
During late November 2010, LOPEZ, Louis Romero, and X.X. began devising a plan and agreement to distribute methamphetamine from Los Angeles, California, and Seattle, Washington, to the state of Montana. April Tyson and Anthony Yeverino also became involved in this agreement. LOPEZ, Romero, and X.X. helped find people in Montana to distribute and sell the methamphetamine in Browning and Great Falls.
In early 2011, LOPEZ, Romero, and X.X. began supplying and fronting a confidential source (CS) with methamphetamine to sell in Montana. The CS was instructed to return the payments from the sale of the methamphetamine to LOPEZ, Romero, and X.X.. From approximately January through May of 2011, over 500 or more grams of a substance containing a detectable amount of methamphetamine was distributed in Browning and Great Falls under the direction of LOPEZ, Romero, and X.X.. In addition, on two separate occasions in June 2012, LOPEZ mailed over 50 grams or more of a substance containing a detectable amount of methamphetamine to Great Falls.
Law enforcement then became alerted to TYSON and Yeverino, who lived in Seattle, Washington. TYSON and Yeverino helped assist LOPEZ, Romero and X.X., with the distribution of methamphetamine to Montana. On June 22, 2012, Yeverino, Romero and X.X., intended to bring approximately an additional four pounds of methamphetamine to Montana. The plan did not occur on that date, however, they agreed to bring the methamphetamine a few days later, on June 27, 2012.
X.X., Romero, Yeverino, and TYSON agreed that Yeverino would bring the methaphetamine by train from Seattle to Shelby, Montana. Romero paid for Yeverino's train ticket, and TYSON drove Yeverino to the train station. Yeverino had 500 or more grams of a substance containing a detectable amount of methamphetamine concealed under his shirt. Law enforcement arrested Yeverino in Shelby, Montana.
The coordinated efforts of local, state and federal law enforcement in this case is truly a testament to what can be accomplished by a team mentality," said United States Attorney Michael W. Cotter, District of Montana. "The arrests and convictions in this case have stopped a torrent of methamphetamine that was coming in from out-of-state and poisoning our communities."
FBI Special Agent in Charge David J. Johnson of the FBI Salt Lake City Division: "Cities such as Great Falls and Browning, Montana should never become home base for illegal drug operations and this case highlights how law enforcement collaboration bring defendants to justice and leads to safer communities. I would like to congratulate the Montana Regional Violent Crimes Task Force for its dedicated work on this investigation and its tireless efforts to rid our cities of drugs, gangs, and violence."
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that all defendants will likely serve all of the time imposed by the court. In the federal system, defendants 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 Montana Regional Violent Crimes Task Force.
Wayne Alan Partin 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 January 11, 2013, before U.S. District Judge Dana L. Christensen, WAYNE ALAN PARTIN, a 52-year-old resident of Butte, appeared for sentencing. PARTIN was sentenced to a term of:
- Prison: 120 months
- Special Assessment: $200.00
- Supervised Release: 10 years
PARTIN was sentenced in connection with his guilty plea to conspiracy to distribute controlled substances and accessing with intent to view child pornography.
In an Offer of Proof filed by Assistant U.S. Attorneys Timothy J. Racicot and Cyndee L. Peterson, the government stated it would have proved at trial the following:
In early August 2011, law enforcement officers in Butte received information about a large quantity of prescription medication located at a local residence. The landlords of the residence evicted the tenants and later found a white, five-gallon bucket and a small lunch cooler that were filled with various pills, and a metal box containing smaller boxes with a white, powdery substance.
The bucket of pills had "Stericycle," a bar code, and an SKU number on it. Stericycle is a medical waste disposal company in Butte. An investigating officer interviewed the manager of Stericycle, who said he was not aware of that particular bucket, but confirmed that one of the former tenants of the above-referenced residence had been employed by Stericycle, though he had been terminated.
On August 16, 2011, agents interviewed both former tenants of the residence where the bucket was found. The tenants reported receiving the bucket from PARTIN and buying drugs from PARTIN for approximately three years, including oxycontin, hydrocodone, morphine, and methamphetamine. The tenants said that PARTIN had stolen the drugs from Stericycle - where he was then employed - and described helping PARTIN move several containers of prescription pills from one residence to another in approximately July 2011.
Also on August 16, 2011, officers from Probation and Parole in Silver Bow County, along with the case agents, conducted a probation search of PARTIN's residence in Butte. During the search, officers seized approximately 61,583 pills (controlled and non-controlled substances), Stericycle storage containers, sharps containers, needles, forceps and other medical waste, handwritten notes that appear to describe and identify pills, books used to identify pills, printed images that appeared to be child pornography, and a computer.
A forensic examiner analyzed the computer and determined that between January 2010 and August 2011, PARTIN searched for and viewed child pornography online. The images depicted minors engaged in sexually explicit conduct. In addition, PARTIN used the computer to conduct searches aimed at identifying various pills and prescription medication.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that PARTIN will likely serve all of the time imposed by the court. In the federal system, PARTIN 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 and the Butte-Silver Bow Law Enforcement Agency.
Jeffery W. Larson 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 January 10, 2013, before Chief U.S. District Judge Richard F. Cebull, JEFFERY W. LARSON, a 46-year-old resident of Billings, was sentenced to a term of:
- Prison: 84 months
- Special Assessment: $100.00
- Restitution: $2,000.00
- Supervised Release: 10 years
LARSON was sentenced in connection with his guilty plea to receipt of child pornography.
In an Offer of Proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:
Law enforcement officers were investigating allegations of child pornography access by users utilizing the peer-to-peer file sharing network Gigatribe. One investigation involved a person in Billings who had child pornography available to share via the file sharing program. An undercover agent downloaded a number of child pornography files from that person in early January 2012. A search warrant was obtained for the residence and served on January 18, 2012.
LARSON was one of the occupants of the residence. When questioned, LARSON admitted that he used the peer-to-peer file sharing program Gigatribe to receive and possess thousands of child pornography videos and images. He detailed the search terms he used to find child pornography, how he saved it to various computers and other equipment, and how he had been doing so for a lengthy period of time.
Agents seized various computer equipment at LARSON's residence. A forensic examination revealed thousands of images and movies of child pornography that LARSON had received via the Internet for years and continuing until the equipment was seized. LARSON possessed images and movies of children clearly prepubescent and children engaged in sadistic or masochistic abuse or other depictions of violence.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that LARSON will likely serve all of the time imposed by the court. In the federal system, LARSON 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 a cooperative effort between the Federal Bureau of Investigation, the Billings Police Department, and the Internet Crimes Against Children (ICAC) Task Force.
Scott Lee Hubeny Arraigned and Pleads Guilty U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on January 10, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, SCOTT LEE HUBENY, a 48-year-old resident of Missoula, was arraigned and pled guilty to theft of government money. Sentencing has been set for May 2, 2013. 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:
HUBENY filed for disability benefits from the Social Security Administration ("SSA") on June 2, 1999. He was awarded monthly disability benefits beginning on January 20, 2000. As a beneficiary of SSA disability, HUBENY agreed to report employment or income changes that could affect his eligibility to receive SSA disability payments. At the time of the investigation in this case, HUBENY was receiving $1,400 per month in disability payments.
On April 4, 2011, the SSA received confidential information that HUBENY owned and operated a medical marijuana grow in Missoula and was growing marijuana both at his house and a rented warehouse. HUBENY became a medical marijuana provider under Montana law in August 2009.
On June 30, 2011, federal and state law enforcement officers searched HUBENY's house and his warehouse. They seized a total of approximately 243 marijuana plants, four pounds and 12 ounces of bulk marijuana, 5.06 ounces of Hashish, and various items of marijuana processing equipment (grow lights, digital scales, etc.).
HUBENY was interviewed the same day as the searches. HUBENY stated that he understood his SSA disability reporting requirements regarding changes in employment or income but denied earning any income in excess of $500 per year from his medical marijuana business. He said that he knew he was required to report his employment to SSA and provided no explanation for not doing so, saying only that he did not think about it because he was losing money.
HUBENY's bank records were reviewed which revealed that HUBENY deposited approximately $37,890 into his bank accounts from January 2010 through April 2011. That figure does not include HUBENY's monthly disability payments. Approximately $9,130 of that money came from 19 checks from Sharrott Creek Farms to HUBENY from January 14, 2010 through July 13, 2010. Sharrott Creek Farms is a business involved in growing and selling medical marijuana. When asked about Sharrott Creek Farms during his interview on June 30, 2011, HUBENY said he received two or three checks from that business for no more than $700 total.
HUBENY knowingly failed to disclose employment and income information to the SSA and, as a result, fraudulently received $25,200 in disability benefit payments between April 2010 and September 2011.
HUBENY faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by the Social Security Administration - Office of Inspector General.
Kevin Michael McCarthy 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 January 10, 2013, before U.S. District Judge Dana L. Christensen, KEVIN MICHAEL McCARTHY, a 55-year-old resident of Missoula, appeared for sentencing. McCARTHY was sentenced to a term of:
- Prison: 160 months concurrent to State of Montana sentence
- Special Assessment: $200.00
- Supervised Release: life
McCARTHY was sentenced in connection with his guilty plea to receipt of child pornography and possession 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:
On December 30, 2010, a search warrant for McCARTHY's residence was obtained by the Missoula Police Department. Numerous CDs and DVDs along with McCARTHY's computers were seized. A large collection of child pornography (videos and images) was located on 23 of the discs which depicted children engaged in sexually explicit conduct.
A computer forensic examiner analyzed the three computers and located over 2,000 images and 89 videos of child pornography. The files were created between October 2000 and December 2010 and depict children engaged in sexually explicit conduct.
When interviewed, McCARTHY admitted using file sharing programs to download child pornography, specifically prepubescent girls, and admitted to storing the files on DVDs. He also admitted he received sexual gratification while viewing the child pornography.
McCARTHY was also prosecuted by the Missoula County Attorney's Office. He pled guilty to sexual assault for subjecting a child to sexual contact without consent (starting when the child was 5-6-years old) between January 1, 2003, and December 31, 2008. He also pled guilty to sexual abuse of children for possessing visual medium (i.e. videos on his computer) depicting child pornography. McCARTHY was sentenced to 20 years at Montana State Prison with 16 years suspended for the sexual assault charge and to 10 years at Montana State Prison with 6 years suspended (to run concurrently with the first count) for sexual abuse of children. Under Montana law, McCARTHY is parole eligible after serving one-fourth of his full-term of commitment (full term is 4 years, so parole eligible after 1 year). Based on prison records, McCARTHY was parole eligible on November 14, 2012. He was also ordered to complete Phase I and II of the Sexual Offender Program before being considered for parole.
In rare criminal cases it is appropriate for both federal and state charges to be filed against a defendant - the case against Kevin McCarthy is just such a case," said U.S. Attorney Michael W. Cotter. "The sentence imposed by the state criminal justice system, in this case, to this defendant, based on McCarthy's egregious conduct directed at vulnerable children was simply insufficient. All arms of government have a duty to protect the children of Montana from individuals like McCarthy. The sentence imposed by the federal court today ensures such protection to Montana's children."
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that McCARTHY will likely serve all of the time imposed by the court. In the federal system, McCARTHY 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 Montana Division of Criminal Investigation.
Gene Kristy Guardipee Jr. 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 January 9, 2013, before U.S. District Judge Dana L. Christensen, GENE KRISTY GUARDIPEE, JR., a 35-year-old resident of Browning and an enrolled member of the Blackfeet Tribe, appeared for sentencing. GUARDIPEE was sentenced to a term of:
- Prison: 87 months
- Special Assessment: $300.00
- Supervised Release: 5 years
GUARDIPEE was sentenced in connection with his guilty plea to sexual abuse of a minor, receipt of child pornography, and possession of child pornography.
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:
GUARDIPEE met the victim when she was 9-years-old. The victim introduced herself to many within GUARDIPEE's family and, while GUARDIPEE was present, stated that she was 9-years-old.
Approximately three years later, the victim kissed GUARDIPEE. The victim was 12-years-old at the time. Then, on the victim's thirteenth birthday, GUARDIPEE had sex with her. The victim explained that she remembered the day because it was both her birthday and a special day for her. This relationship continued for the next year. The victim stated that she had sex with GUARDIPEE many times over a one-year period. All of the sex occurred in Browning, which is on the Blackfeet Indian Reservation. During the sexual relationship, GUARDIPEE was 34 and 35-years-old.
The victim also disclosed that she sent naked pictures of herself to GUARDIPEE. A search warrant was subsequently obtained for GUARDIPEE's cell phone, which law enforcement found on GUARDIPEE when they arrested him. Pictures of the victim, and other minors, were found on GUARDIPEE's cell phone. These pictures were nude pictures, and many of them focused on the vaginal area of the minors. These pictures constituted and contained child pornography. All of the child pornography was received and saved on GUARDIPEE's phone. The photos had been received by GUARDIPEE between November of 2011 and March of 2012.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that GUARDIPEE will likely serve all of the time imposed by the court. In the federal system, GUARDIPEE 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.
Bobbi Rochelle Hurley 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 January 10, 2013, before U.S. District Judge Dana L. Christensen, BOBBI ROCHELLE HURLEY, a 42-year-old resident of Seeley Lake, appeared for sentencing. HURLEY was sentenced to a term of:
- Community Confinement: 8 months
- Special Assessment: $100.00
- Probation: 5 years
HURLEY was sentenced in connection with her 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 24, 2011, HURLEY, a convicted felon on state supervision, possessed a Smith & Wesson .44-magnum revolver in the Lolo National Forest. United States Forest Service officers and fire suppression crews located HURLEY and her boyfriend while investigating an out of control/run away campfire. The USFS officers and fire suppression crew members saw HURLEY and her boyfriend shoot the revolver at green trees near them. HURLEY later admitted that she shot the revolver.
A USFS wild land firefighter observed both HURLEY and her boyfriend shoot the revolver across the drainage in a south/southeasterly direction from his location. The firefighter then advised them to stop shooting due to firefighters and the helicopter in the area fighting the fire. They complied with his request.
During this time, HURLEY lost her keys and requested a ride to Seeley Lake. The USFS officer who gave HURLEY and her boyfriend a ride secured a Smith & Wesson .44 magnum revolver, model 629-3. The officer unloaded several rounds from the revolver and secured in the front seat of his patrol vehicle while transporting them. The officer then returned the revolver to HURLEY's boyfriend as he did not run a criminal history check on either one until November 2, 2011.
When interviewed later, HURLEY stated that she unsure how many times she fired the pistol. HURLEY acknowledged that she was a convicted felon who could not possess firearms.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that HURLEY will likely serve all of the time imposed by the court. In the federal system, HURLEY 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 Law Enforcement and Investigations Division of the U.S. Forest Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Montana Probation and Parole.
Verla Ann Still Smoking Pleads 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 January 7, 2013, before U.S. District Judge Sam E. Haddon, VERLA ANN STILL SMOKING, a 41-year-old resident of Browning, appeared for sentencing. STILL SMOKING was sentenced to a term of:
- Prison: 30 months
- Special Assessment: $200.00
- Supervised Release: 2 years
STILL SMOKING was sentenced in connection with her guilty plea to involuntary manslaughter and making false statements.
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:
An individual identified here as C.G. would have testified that she lived at STILL SMOKING's residence in Browning for a period including March 18-19, 2011. She would have testified that the victim, identified here as R.W., was at STILL SMOKING's residence on March 18-19, 2011. At about 8:30 p.m. on March 19, 2011, the victim became unresponsive while sleeping on a couch at STILL SMOKING's residence and was taken by ambulance to the hospital in Browning where the victim was ultimately pronounced dead at the hospital.
A forensic pathologist and deputy medical examiner performed an autopsy on the victim's' body and stated that the victim died as the result of "mixed toxicity" stemming from her ingestion of drugs. Oxycodone was found in a lethal level in the victim's blood. Gabapentin was found at a high, though not lethal, level in the victim's blood. Dextromethorphan, an over-the-counter cough suppressant, was also found in the victim's blood. The pathologist would have testified that the Gabapentin and Dextromethorphan could have contributed to the lethality of the Oxycodone, but that the Oxycodone was a necessary component in the cause of the victim's death.
On March 19, 2011, STILL SMOKING was interviewed about the circumstances of the victim's death. STILL SMOKING stated that the victim used drugs, including methamphetamine, cocaine, marijuana, and pain pills. STILL SMOKING also stated that the victim had overdosed on cocaine six to eight weeks earlier and was hospitalized.
STILL SMOKING also stated that she had planned to have her prescriptions filled on March 18, 2011, but was unable to do so and that she planned to have her prescriptions filled on March 20, 2011. STILL SMOKING advised that she had her son store her drugs in a safe in his room.
Law enforcement later determined that STILL SMOKING's claim during the March 19, 2011 interview that she had not filled her prescriptions on March 18, 2011, was false. The Kalispell pharmacy confirmed that STILL SMOKING's prescriptions for 210 Oxycodone and 60 Clomazepam were, in fact, filled on March 18, 2011.
In addition, the pharmacy confirmed that on March 16, 2011, STILL SMOKING picked up 120 Gabapentin, a prescription, non-controlled substance.
On March 29, 2011, STILL SMOKING was interviewed again and at this time stated that she had given her drugs to the victim for safekeeping.
Another witness, H.S., would have testified that she was present at STILL SMOKING's home on March 19, 2011. The witness stated that she observed STILL SMOKING give Oxycodone and Gabapentin to the victim for consumption.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that STILL SMOKING will likely serve all of the time imposed by the court. In the federal system, STILL SMOKING 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.
Tilicia Alexis Elliott 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 January 9, 2013, before Senior U.S. District Judge Jack D. Shanstrom, TILICIA ALEXIS ELLIOTT, a 24-year-old resident of Billings, was sentenced to a term of:
- Prison: 120 months
- Special Assessment: $200.00
- Supervised Release: 5 years
ELLIOTT was sentenced in connection with her guilty plea to conspiracy to possess methamphetamine with intent to distribute and possession with intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Marcia Hurd, the government stated it would have proved at trial the following:
TILICIA ALEXIS ELLIOTT came to the attention of law enforcement in Billings when she was arrested on a warrant on September 11, 2010, and methamphetamine was found in her purse when she was searched at the jail. ELLIOTT admitted that she had purchased an ounce of methamphetamine that morning for $1700 from a known drug dealer in Billings and that she had already distributed some of the drugs to others. ELLIOTT admitted in approximately March 2010, she began purchasing methamphetamine from multiple sources for redistribution to others. She purchased approximately 4-10 ounces per week, including at least 4 pounds from the dealer mentioned above. She purchased methamphetamine from others, some of whom were already indicted and others that are yet to be indicted.
During debriefs, other users admitted purchasing methamphetamine from ELLIOTT in the past.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ELLIOTT will likely serve all of the time imposed by the court. In the federal system, ELLIOTT 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's Big Sky Safe Streets Task Force, which includes the Billings Police Department and the Yellowstone County Sheriff's Office.
Ryan James Parker 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 January 2, 2013, before U.S. District Judge Sam E. Haddon, RYAN JAMES PARKER, a 26-year-old resident of Box Elder and an enrolled member of the Rocky Boy's Indian Reservation, pled guilty to involuntary manslaughter. Sentencing has been set for April 1, 2013. 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 June 14, 2012, near Box Elder on the Rocky Boy's Indian Reservation, PARKER caused a collision between the vehicle he was driving and another vehicle in which an individual died.
PARKER was intoxicated at the time of the collision. According to tribal law enforcement, PARKER was arrested immediately following the collision and given a Breathalyzer test. The result showed his blood alcohol content was .25. The Airbag Control Module report indicated that PARKER was driving 91 mph at -5 seconds prior to the collision and 63 mph at -2 seconds prior to the collision. The posted speed limit on this area was 35 miles per hour.
PARKER faces possible penalties of 8 years in prison, a $250,000 fine and lifetime supervision.
The investigation was conducted by a cooperative effort between the Montana Highway Patrol, the Federal Bureau of Investigation, and the Chippewa Cree Law Enforcement.
Rudolph Lee Shane, Sr. 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 January 8, 2013, before Chief U.S. District Judge Richard F. Cebull, RUDOLPH LEE SHANE, SR., a 64-year-old resident of Crow Agency, pled guilty to tampering with a victim. Sentencing has been set for April 10, 2013. He is currently released on special conditions.
In an Offer of Proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:
On February 23, 2012, the Federal Bureau of Investigation received a report alleging that SHANE had harassed a victim in a pending criminal case in federal court.
On February 21, 2012, SHANE had contacted the victim who described the meeting as intimidating and stated she was concerned for her safety. She believed he wanted her to "drop charges" or change her story. The victim did not initially know who he was and had no idea how SHANE knew how to find her.
On February 22, SHANE called the victim's cell phone twice and left a message. In addition, SHANE's daughter contacted the victim at the request of SHANE. SHANE had also called the victim's mother earlier in the case and asked her to talk to the victim about dropping the charges.
When interviewed, SHANE admitted the contact and indicated he did so because he believed that the victim would take pity on the defendant in the case and "do the right thing." When asked what he was thinking by contacting the victim, SHANE reported that he thought if the victim withdrew her complaint or changed her mind, it would help the defendant.
SHANE faces possible penalties of 20 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by a cooperative effort between the Federal Bureau of Investigation and Bureau of Indian Affairs.
Robert Dean Boucher 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 January 8, 2013, before U.S. District Judge Sam E. Haddon, ROBERT DEAN BOUCHER, a 52-year-old resident of Spokane, pled guilty to conspiracy to possess with intent to distribute methamphetamine. Sentencing has been set for April 8, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
During January 2012, detectives originally became alerted to a methamphetamine distribution ring from Washington state to Great Falls, Montana. In June 2012, detectives learned of an individual, M.E.A., who made repeated trips from Great Falls to Washington to obtain methamphetamine to re-sell in Great Falls. On June 29, 2012, a CI (confidential informant) informed the drug task force that M.E.A. was returning to Great Falls from Washington with methamphetamine. The task force arranged for a controlled drug buy from M.E.A. near the University of Great Falls. The CI purchased methamphetamine. The CI then continued to make numerous controlled drug buys from M.E.A. over the next few days.
Law enforcement located M.E.A.'s car in early July 2012, and the task force tracked this car from Great Falls to Spokane, Washington. The car stayed in Spokane for less than two hours before returning to Great Falls. Law enforcement initiated a traffic stop of the car just outside of Great Falls and they obtained two ounces of methamphetamine. M.E.A., the driver of the car, told law enforcement he had traveled to Spokane to buy methamphetamine from "Bert." He had been supplied by Bert, who was identified as Robert Boucher, since February or March 2012. In total, M.E.A. believed he had obtained and distributed approximately ten ounces of methamphetamine that he received from Boucher.
M.E.A. told law enforcement that Boucher provided him with a GPS system in order for M.E.A. to find Boucher's house in Spokane. Once M.E.A. obtained the methamphetamine from Boucher, M.E.A. would sell the methamphetamine by the gram for $100 around Great Falls. Boucher sold the methamphetamine to M.E.A. for $1400.00 an ounce.
M.E.A. and Boucher also dealt methamphetamine with R.L. and T.L. from T.L.'s house in Great Falls. The methamphetamine dealing continued into the fall of 2012. During the end of October 2012, detectives interviewed additional witnesses. One witness said T.L. was heavily involved in using and dealing methamphetamine. T.L. obtained her methamphetamine from Robert Boucher, and Boucher delivered methamphetamine to T.L. approximately once a week.
The witness further provided that Boucher stored the methamphetamine in the hood and trunk of his car. He then divided the methamphetamine between the sellers who obtained the methamphetamine on credit. Boucher stayed in town at T.L.'s house until the money was collected. T.L. would then repackage the methamphetamine into eight-ball baggies and distribute it to other sellers.
On November 13, 2012, a witness contacted the drug task force and stated R.L. was selling methamphetamine. Law enforcement then arranged controlled drug purchases from R.L.. These purchases occurred at the Royal Motel in Great Falls. The following evening, detectives saw R.L. drive to T.L.'s house, where he stayed for a half hour before again returning to his motel room. A little while later, R.L. and a woman drove to a gas station. R.L. conducted a drug deal in the parking lot. Officers conducted a traffic stop on R.L.'s car shortly thereafter.
After ordering R.L. out of the car, officers found a glass container of methamphetamine in R.L.'s pocket. He spoke with law enforcement and said he had been dealing methamphetamine with T.L. R.L. regularly purchased two eight balls of methamphetamine per week from T.L. R.L. also identified Boucher as one of T.L.'s suppliers and said he delivered methamphetamine to T.L. once per week. Law enforcement seized over 50 grams of pure methamphetamine in this investigation.
BOUCHER faces possible penalties of a minimum 10 years in prison up to life in prison, a $10, 000,000 fine and 5 years supervised release.
The investigation was conducted by the Russell County Drug Task Force.
Keith Allan Devereaux 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 January 8, 2013, before U.S. District Judge Sam E. Haddon, KEITH ALLAN DEVEREAUX, a 35-year-old resident of Great Falls, pled guilty to aiding and abetting the crime of robbery affecting commerce. Sentencing has been set for April 8, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
On February 21, 2012, around 10:00 p.m., Great Falls Police were alerted to a robbery at the Eagles Lodge. It was reported that three men had robbed a female employee at gun point and then sprayed her in the face with pepper spray. Officers arrived to find the employee absolutely hysterical. She was sobbing and told officers she believed she was going to be shot during the robbery.
Officers began their investigation and found $3,961 had been stolen from the money drawers. The inside of the building also smelled of pepper spray so badly that the police called the Great Falls Fire and Rescue in order to aerate the room. Police interviewed the victim two days later because she was too upset to speak until that point.
According to the victim, the last customer left the bar around 9:30 p.m. Once the customer left, the victim began to clean the west end of the bar. She did not recall hearing anyone come inside, but heard a male voice tell her to turn around. The victim turned around to see three men who were all dressed in black hooded sweatshirts with their faces fairly covered. One of the men pointed a handgun at the victim and yelled, "where's the money?" She believed two of the men had handguns, but could not identify which ones possessed the guns. Another man pointed a gun at the victim and made her walk to the end of the bar. The victim heard banging and slamming, and eventually one man said, "you'll be okay," and sprayed her in the face with pepper spray. The victim struggled to breathe, found her phone, and ran outside to call police.
On February 23, 2012, Great Falls police received a tip that John Gopher, Alicia Arthur, Anthony Gregori, and DEVEREAUX may have been involved in the robbery. The tip reported Gopher had bragged that over $2,000 had been stolen in the robbery of the Eagles Lodge. The person also relayed that Gopher, Gregori, Arthur, and DEVEREAUX had traveled to Billings, but would soon be returning to Great Falls.
Detectives arrested DEVEREAUX after he returned to Great Falls. DEVEREAUX told police he had been in the same car with Gopher, Arthur, and Gregori on the night of the robbery. But that he had returned home at some point. DEVEREAUX did tell the police, however, that he had been with Gopher and Arthur when they devised a plan to rob the Eagles Lodge. DEVEREAUX said he participated in the planning of the robbery, and added the Eagles Lodge looked like a hospital or old person's home. Gopher and Arthur also told police that DEVEREAUX had participated in the robbery.
Gopher, Arthur, and Gregori pled guilty to federal charges and have been sentenced.
DEVEREAUX faces possible penalties of 20 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was a cooperative effort between the Great Falls Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Joseph Wayne Cree Medicine 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 January 8, 2013, before U.S. District Judge Dana L. Christensen, JOSEPH WAYNE CREE MEDICINE, a 28-year-old resident of Browning, appeared for sentencing. CREE MEDICINE was sentenced to a term of:
- Prison: 35 months
- Special Assessment: $200
- Supervised Release: 3 years
CREE MEDICINE was sentenced in connection with his guilty plea to two (2) counts of assault resulting in serious bodily injury.
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 January 27, 2012, in the early morning hours, CREE MEDICINE went to the residence of P.M.F., which is located in Browning and within the exterior boundaries of the Blackfeet Indian Reservation. CREE MEDICINE went there because his ex-girlfriend, T.R.M., was staying there. Upon arrival, CREE MEDICINE began to argue with T.R.M. P.M.F. exited her room and asked what was causing all of the ruckus.
CREE MEDICINE then began assaulting P.M.F. Specifically, CREE MEDICINE knocked P.M.F. to the ground and began kicking her. P.M.F. begged CREE MEDICINE to stop. CREE MEDICINE eventually did, but turned back to T.R.M. He punched T.R.M. in the face and ripped a clump of hair from her head.
Both P.M.F. and T.R.M. went to the hospital. Upon arrival, both P.M.F. and T.R.M. described their pain level as a ten, which is the worst pain on the scale of one to ten. Dr. Bashir Sheikh prescribed hydrocodone to P.M.F. for the treatment of her pain. T.R.M. received a shot of Toradol the following morning. Toradol is a drug used for pain and is typically given to patients after surgery.
P.M.F. had cuts on her inner lip, bleeding, and severe bruising around her mouth, legs, and arms. A tooth of P.M.F. was also loose. T.R.M. had blood running down the side of her face from the location where the clump of hair had been ripped from her scalp. Additionally, the face, right eye, and lip of T.R.M. were bleeding and swollen. All of the above injuries were caused by CREE MEDICINE assaulting P.M.F. and T.R.M.
CREE MEDICINE informed law enforcement that by the early morning hours of January 27, 2012, he drank, along with another individual, two liters of Black Velvet and started to drink a half-gallon of whiskey.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that CREE MEDICINE will likely serve all of the time imposed by the court. In the federal system, CREE MEDICINE 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 a cooperative effort between the Federal Bureau of Investigation and Blackfeet Law Enforcement.