Elven J. Swisher Sentenced in U.S. District Cour
Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Boise, Idaho, on January 5, 2009, before Chief U.S. District Judge B. Lynn Winmill, ELVEN J. SWISHER, a 71-year-old resident of Cottonwood, Idaho, appeared for sentencing. SWISHER was sentenced to a term of:
- Prison: 12 months and 1 day
- Special Assessment: $325
- Restitution: to be determined
- Supervised Release: 3 years
SWISHER was sentenced after having been found guilty after a 4-day trial of one count of wearing unauthorized military medals, one count of presenting false statements to the Department of Veterans Affairs, one count of presenting false documents to the Department of Veterans Affairs, and one count of theft of government funds.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SWISHER will likely serve all of the time imposed by the court. In the federal system, SWISHER does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
Special Attorney to the U.S. Attorney General Jessica T. Fehr prosecuted the case for the United States.
The investigation was conducted by the U.S. Department of Veterans Affairs, Office of Inspector General.