Caldwell Man Sentenced to 84 Months for Unlawful Possession of Firearm

BOISE—Baldemar Arteaga, Jr., 28, of Caldwell, Idaho, was sentenced today in United States District Court in Boise to 84 months in prison for unlawfully possessing two shotguns, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Arteaga to serve three years of supervised release. He pleaded guilty to the charge on July 2, 2012.

According to court documents, on February 24, 2011, Arteaga and his co-defendant sold two shotguns—a sawed-off Smith & Wesson 12-gauge shotgun and a Winchester 12-gauge shotgun with an obliterated serial number—to another individual for $200 at Arteaga’s residence in Caldwell. Artega is prohibited from possessing firearms due to a 2005 conviction in Minidoka County, Idaho for felony possession of a controlled substance.

Co-defendant Jennifer Ann Hillyard, 28, of Nampa, Idaho, was sentenced in July to 51 months for her role in the sale of the shotguns.

The case was investigated by the Treasure Valley Metro Violent Crimes Task Force, a task force comprised of local and federal law enforcement agencies in the Treasure Valley, including the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Ada County Sheriff’s Office, Boise Police Department, Caldwell Police Department, Canyon County Sheriff’s Office, Idaho Department of Correction, Meridian Police Department, and Nampa Police Department. It was prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership and the State of Idaho, and housed in the Canyon County Prosecutor’s Office, to address gang crimes. The Treasure Valley Partnership comprises a group of elected officials in southwest Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth. For more information, visit www.treasurevalleypartners.org.

Orofino Woman Sentenced Federally for Conspiracy to Distribute Methamphetamine

COEUR D’ALENE—Robin L. Spencer, 51, of Orofino, Idaho, was sentenced yesterday in United States District Court in Coeur d’Alene to 24 months in prison for conspiracy to distribute methamphetamine, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Spencer to serve three years of supervised release following her prison term, forfeit assets derived from the drug trafficking offense, and perform 150 hours of community service. She pled guilty to the charge on June 19, 2012.

At sentencing, Judge Lodge noted Spencer’s lack of prior criminal history and her post-arrest rehabilitation work.

According to court testimony, Spencer admitted that she assisted in the distribution of methamphetamine by using her house as a stash house and helping distribute methamphetamine. On January 18, 2012, a federal grand jury in Coeur d’Alene returned an indictment charging Spencer and three co-defendants with conspiracy to distribute methamphetamine and distributing methamphetamine in Idaho.

Co-defendant April L. Lauby, also of Orofino, was sentenced on July 17 to 12 months plus one day in prison for conspiracy to distribute methamphetamine. Co-defendant Jacob Custodio, of Apple Valley, California, pled guilty on July 16 to distributing methamphetamine. Sentencing is set for October 9 at the federal courthouse in Coeur d’Alene.

Co-defendant John Gilbert Rincon, also of Orofino, was arraigned in federal court on August 10. A jury trial is set for October 9.

The case was investigated by the Federal Bureau of Investigation, Clearwater County Sheriff’s Office, and Idaho State Police.

Canyon County Woman Sentenced for Bank Fraud and Bankruptcy Fraud

BOISE—Shawna Lea Pennington, 40, of Caldwell, Idaho, was sentenced today in United States District Court to six months in prison and six months of home detention for bank fraud and bankruptcy fraud, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Pennington to serve five years of supervised release. She pled guilty to the charges on March 20, 2012.

According to the plea agreement, Pennington admitted to submitting a loan application to Zions Bank in March 2010 with a false and fictitious earnings statement and Form W-2, as well as falsely representing the amount of cash in checking and savings accounts. Zions Bank funded the loan based on the misrepresentations. In December 2010, Pennington filed a Chapter 13 bankruptcy petition. She admitted to failing to disclose the names of creditors on her bankruptcy schedule, which would have provided them notice of her bankruptcy filing.

The case was investigated by the Nampa Police Department with assistance from the Idaho Attorney General’s Office, the Federal Bureau of Investigation, and the Office of the United States Trustee.

Travis Hymas Convicted on Multiple Counts of Wire Fraud

Case Related to Multi-Defendant Crestwood Mortgage Fraud

BOISE—A federal jury in Boise today convicted Travis Richard Hymas, 28, of Cedar Hills, Utah, formerly of Meridian, Idaho, on five counts of wire fraud related to mortgage fraud, U.S. Attorney Wendy J. Olson announced. Sentencing is set for September 4, 2012, before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.

During the eight-day trial, the jury heard evidence that between November 2006 and March 2007, Travis Hymas defrauded five lenders on loans valued in excess of $1 million.

In December 2011, a federal grand jury returned a superseding indictment charging Hymas and his wife Season with five counts of wire fraud. In the near future, the case against Season Hymas will be set for trial.

In a separate case, husband and wife Aaron Michael Hymas and Tiffany Kim Hymas, of Bountiful, Utah, were indicted on February 15, 2012, on multiple counts of wire fraud, false statements to financial institutions, and bankruptcy fraud. The two defendants are set for trial on October 16, 2012. Aaron Hymas was the former chief executive officer of Crestwood Construction, also doing business as Crestwood Inc. The companies were engaged in residential construction in Idaho and Utah.

The cases are part of an investigation of mortgage fraud activity related to Crestwood, which involved multiple defendants who bought and sold real estate in order to “flip” it, or gain profits from the sales. The financial institutions and mortgage lenders incurred substantial losses on the loan transactions.

To date, nine people have been sentenced in related cases, including Michael J. Hymas, Shauntee K. Ferguson, Christopher R. Georgeson, Stanley J. Ferguson, Brent Bethers, Shane Merlin Hymas, Laurie Krechelle Hymas, Melody C. Redondo, and Paul Redondo.

The cases were investigated by the Federal Bureau of Investigation and Internal Revenue Service-Criminal Investigation, with assistance provided by the Office of the United States Trustee and the Idaho Department of Insurance. The case is being prosecuted by the U.S. Attorney’s Office for the District of Idaho and the State of Idaho, Office of the Attorney General.

Coeur d’Alene Man Indicted for Unlawfully Possessing Firearm

COEUR D’ALENE—Cody James Freer, 26, of Coeur d’Alene, Idaho, was indicted yesterday by a federal grand jury in Coeur d’Alene for unlawful possession of a firearm, U.S. Attorney Wendy J. Olson announced.

The indictment alleges that on or about June 10, 2012, Freer possessed a Glock .40 pistol. Freer, who had previously been convicted of a felony drug offense punishable by a term of imprisonment exceeding one year, is prohibited from possessing firearms. The government is seeking forfeiture of the firearm.

The charge of unlawfully possessing a firearm is punishable by not more than 10 years in prison, a maximum fine of $250,000, and up to three years of supervised release.

The case was investigated by the Coeur d’Alene Police Department and the North Idaho Violent Crime Task Force (NIVCTF). NIVCTF members include the Federal Bureau of Investigation, the Idaho State Police, Kootenai County Sheriff’s Office, Shoshone County Sheriff’s Office, Bonner County Sheriff’s Office, Coeur d’Alene Police Department, Post Falls Police Department, and the Coeur d’Alene Tribal Police Department. The NIVCTF investigates a myriad of violent crimes, including armed robbery, kidnapping, felonious assaults, and drug trafficking.

An indictment is a means of charging a person with criminal activity. It is not evidence. The person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Meth-Dealing Gang Associate Gets 121 Months in Federal Prison

Seven Others Await Sentencing

BOISE—Shawn Lynn Gordon, 32, of Caldwell, Idaho, was sentenced today to 121 months in prison for distribution of methamphetamine, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Gordon to serve five years of supervised release following his prison term and to forfeit $2,800. Gordon pleaded guilty to the charge in January.

According to court documents, on May 5, 2011, Gordon—an associate of the Northside, or “Norteno,” street gang—sold an individual at his residence approximately 26 grams of methamphetamine for $1,400. Gordon admitted that between April 27 and May 5, 2011, he distributed 48.1 grams of actual methamphetamine. Gordon agreed to forfeit $2,800 as proceeds of his methamphetamine dealing and abandoned all rights to the firearm he unlawfully possessed when arrested on the federal charges.

The Northside street gang is active in the Treasure Valley. Gordon and 10 other gang members and associates were indicted in October and November last year for a number of drug trafficking and firearms offenses. Eight of the defendants have pleaded guilty; Gordon is the first to be sentenced.

“This 10-year sentence underscores that violent street gang members who engage in drug trafficking will receive swift and sure punishment,” said Olson. “The Special Assistant United States Attorney who handled this case is funded by the Treasure Valley Partnership and the State of Idaho. Taxpayers can be assured that its federal, state, and local law enforcement agencies will work together to combat gang crime.”

The case was investigated by the Treasure Valley Metro Violent Crimes Task Force and is being prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership and the State of Idaho to address gang crimes. The Treasure Valley Partnership is comprised of a group of elected officials in southeast Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth. For more information, visit treasurevalleypartners.org.