Brett Tate and Jane Tate 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 Helena, on March 27, 2009, before visiting Senior U.S. District Judge Justin Quackenbush, BRETT TATE, age 44, and JANE TATE, age 42, residents of Wise River, appeared for sentencing.
BRETT TATE was sentenced to a term of:
- Community Confinement: 30 days
- Special Assessment: $100
- Probation: 3 years
JANE TATE was sentenced to a term of:
- Prison: 30 days
- Special Assessment: $200
- Restitution: $13,797.31
- Supervised Release: 5 years
BRETT TATE was sentenced in connection with his guilty plea to wire fraud and JANE TATE was sentenced in connection with her guilty plea to two counts of bank fraud.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
On April 26, 2007, BRETT TATE obtained a loan financed thru General Motors Acceptance Corporation (GMAC) for approximately $40,000 for the purpose of purchasing a 2007 Chevrolet pick-up truck. As part of his loan application process at Ressler Motors, BRETT TATE provided two unverifiable pay statements from "Titus Holdings, Ltd" that indicated he made $16,500 for each two week time period, with federal, state, and social security taxes withheld. On the GMAC application, BRETT TATE indicated that he made $396,000 in gross annual salary from his listed employer "Titus Holdings" and had been employed with the company for 14 years, five months. FBI investigation determined these statements to be materially false.
On March 24, 2004, JANE TATE went into the Parkside Federal Credit Union in Whitefish and obtained a loan for $25,375 for the purpose of purchasing a 2001 Volvo S80 automobile from the Good Car Company in Columbia Falls. On the application, JANE TATE listed her assigned social security number as XXX-XX-2098. She listed her employer as "Titus Holdings, Ltd" with a job title of "Operations Manager" starting in January, 1993. As part of her loan application package, JANE TATE also provided an unverifiable pay statement from "Titus Holdings, Inc." that indicated she made $2,600 in gross salary for the two week time period; with federal, state, and social security taxes withheld. The pay statement indicated that JANE TATE had made $13,000 "year-to-date" in 2004. JANE TATE also provided fraudulent credit references from the City of Whitefish, Flathead Electric Cooperative, and Bresnan Communications. These documents were all found to be false and fabricated. Approximately six months after making the loan to TATE, the Bank repossessed the vehicle for lack of payments at a loss of $13,800.
On March 25, 2004, JANE TATE went into the Valley Bank in Kalispell and obtained a loan for $21,987 for the purpose of purchasing another 2001 Volvo S80 automobile. On the loan application, JANE TATE indicated that she made $5,000 in gross monthly salary from her listed employer "Titus Holdings, Ltd" and had been employed with the company for ten years. As part of her loan application, JANE TATE provided Valley Bank with fraudulent credit references from the City of Whitefish, Flathead Electric Cooperative, and Bresnan Communications. These documents were all found to be false and fabricated. Additionally, on the application, JANE TATE listed her assigned social security number as XXX-XX-2098. When confronted by the bank loan officer regarding her inability to locate a credit history for Jane Tate with the social security number she provided, JANE TATE verbally advised the loan officer that she "always pays cash" for living expenses, uses money she receives from a trust fund, and was attempting to build her credit history with the vehicle loan. Approximately six months after making the loan, Valley Bank repossessed the vehicle for lack of payments and sold the vehicle at a loss to the bank of $4,900. At the time of this crime, Valley Bank was a federally insured financial institution.
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.
Assistant U.S. Attorney Kris A. McLean prosecuted the case for the United States.
The investigation was conducted by the Federal Bureau of Investigation.