Boyton Neuling Clune Iii 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 Billings, on August 13, 2009, before Chief U.S. District Judge Richard F. Cebull, BOYTON NEULING CLUNE III, age 36, formerly of Billings, appeared for sentencing. CLUNE was sentenced to a term of:
- Prison: 48 months
- Special Assessment: $200
- Restitution: to be determined within 90 days
- Supervised Release: 3 years
CLUNE was sentenced in connection with his guilty plea to bank fraud and aggravated identity theft.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan M. Archer, the government stated it would have proved at trial the following:
CLUNE was a partner in a fencing business in Billings with a friend, identified here as "BS." CLUNE repeatedly used B.S.'s personal information without legal authority. B.S. would have testified that he learned that CLUNE had applied for and received eight credit cards in B.S.'s name and had made purchases with those credit cards. B.S. confronted CLUNE, and even forced him to pose for a photo holding a card that CLUNE had fraudulently obtained.
CLUNE and B.S.'s partnership dissolved and CLUNE eventually left Montana. However he continued to use B.S.'s identity. CLUNE completed an on-line application for a loan from USAA Federal Savings Bank in San Antonio, Texas. CLUNE received a $36,477 loan as if he were B.S., which he used to buy a Lexus. CLUNE had the car titled as if it were B.S.'s.
B.S. would have testified that none of the documents are his own and that the car transaction involved identity theft and forgery by CLUNE.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that CLUNE will likely serve all of the time imposed by the court. In the federal system, CLUNE 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 U.S. Secret Service.