Durand Tyland Bear Medicine 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 Great Falls, on September 21, 2009, before U.S. District Judge Sam E. Haddon, DURAND TYLAND BEAR MEDICINE, a 29-year-old resident of Browning, appeared for sentencing.
BEAR MEDICINE was sentenced to a term of:
- Probation: 3 years
- Special Assessment: $100
- Restitution: $4,200
BEAR MEDICINE was sentenced in connection with his guilty plea to theft from an Indian tribal organization.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
Between January 7, 2008, and May 5, 2008, forty-six fraudulent checks totaling $62,270 were written off the accounts of the Blackfeet Tribal Credit Department, an agency of the Blackfeet Tribe tasked with providing short-term loans - to a maximum of $1,500 - to qualifying tribal members.
Alex Good Rider was a staff employee of the Blackfeet Tribal Credit Department, Bobi Jo Arnoux was a Treatment Admissions Clerk for the Crystal Creek Lodge Treatment Center, and Clarice Hall was an Administrative Assistant at the Blackfeet Tribal Credit Department.
The scheme began when Good Rider and Bobi Jo Arnoux approached tribal members and, in exchange for a portion of the fraudulent loan proceeds, had them fill out a short-term loan application. These "nominee borrowers" were tribal members - generally friends, relatives or co-workers of the three - who would agree to have their names used to complete loan applications and to transact a tribal check representing the proceeds of the loan in exchange for a share of the proceeds. Nominees would be assured that they would not be called upon to repay the debt to the tribe. Good Rider would process the applications, knowing that there was no bonafide need on behalf of the borrower for a loan and no intention to have the loan repaid. The processed loan would then be forwarded to the Blackfeet Tribal Treasurer who, believing that the applications were legitimate loan requests from qualified borrowers, would sign a tribal check for the amount of the loan. Good Rider, Bobi Jo Arnoux, or Hall would then have the nominee sign the tribal check and split the proceeds. Good Rider would then shred all of the paperwork at the Credit Department so there was no record of the check being issued.
As the scheme progressed without discovery, the conspirators began taking shortcuts to expedite the thefts. Good Rider would steal blank tribal checks from stock on hand at the Credit Department. The checks were then completed using either a Credit Department typewriter that Good Rider had removed from the office, or a second typewriter he borrowed from a friend. Both typewriters were later analyzed by the U.S. Postal Inspection Service forensic laboratory and determined to be the mechanical source of fraudulent checks. Several previously unknown fraudulent checks were discovered from the ribbon of the second typewriter.
Good Rider would then forge the signature of the Blackfeet Tribal Treasurer to the fraudulent check. The check would be negotiated and the proceeds divided up between the principals and the nominee. Thirty-two of the forty-six checks contained the Treasurer's forged signature.
BEAR MEDICINE received the following checks as part of the scheme: February 2, 2008 - $1,500; February 12, 2008 - $1,500; February 28, 2008 - $1,200; March 28, 2008 - $1,500; March 28, 2008 - $1,500, and April 4, 2008 - $1,500, for a total of $8,700.
Good Rider, Hall, and Arnoux 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 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 Carl E. Rostad prosecuted the case for the United States.
The investigation was a cooperative effort between the Inspector General's Office for the U.S. Department of the Interior and the Blackfeet Tribe Criminal Investigation Division.