Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Missoula on April 27, 2009, before U.S. Magistrate Judge Jeremiah C. Lynch, DAVID PHILLIPS, a 52-year-old resident of Missoula, pled guilty to perjury. Sentencing is set for July 31, 2009. He is currently detained.

In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:

On March 3, 2003, PHILLIPS appeared in federal district court in Missoula following his arrest for violating the conditions of his probation. During the course of his initial appearance, PHILLIPS filed a financial affidavit with the Court that misrepresented both his total income and the source of some of that income. The Court relied on the information in the financial affidavit in making a decision about whether PHILLIPS could afford to hire his own lawyer or should receive court-appointed counsel.

PHILLIPS faces possible penalties of 5 years in prison, a $250,000 fine and 3 years supervised release.

Assistant U.S. Attorney Timothy J. Racicot prosecuted the case for the United States.

A copy of the Offer of Proof can be obtained by contacting Sally Frank at (406) 247-4638.

 

 

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