Numerous federal charges expected from huge meth probe in Gogebic County including indictment from a grand jury sitting in Marquette, MI – includes heroin, cocaine and weapons
(Marquette, MI) – A man, who was one of four arrested on state meth charges almost two weeks ago in Gogebic County, was appointed the federal version of a court-appointed defense attorney on Tuesday.
Federal drug agents were among the many law enforcement agencies on the scene for the Gogebic County meth raid that was the announced on Friday. January 20, 2017 by the Gogebic Iron Area Narcotics Team – better known as “GIANT.” Numerous meth and other drug and weapons charges against an unknown number of people are expected as federal prosecutors in Marquette bring witnesses before a federal grand jury.
On Tuesday, 34-year-old Corey Allan Tutor, who has ties to Gogebic County and Ashland, WI, was given an attorney at no cost by U.S. Magistrate Timothy P. Greeley. Appointed to represent Tutor was an unnamed member of the U.S. Public Defender Office in Marquette, MI. The office is headed in Marquette by Asst. U.S. Public Defender Elizabeth LaCosse – who once was a prosecutor in the western U.P.
Convicted felon 33-year-old Jeremy James Whitebird – whose home allegedly had $50,000 in meth and other drugs when searched by GIANT agents – is one of the main targets of the local, state and federal drug probe. He faces drug charges and two counts of possession of a gun by a convicted felon – that brings serious time in the federal system.
Officials said that Whitebird has an extensive criminal history, however U.p. Breaking News has been unable to find out much about him through online and other sources.
Current state charges against Whitebird include possession with intent to deliver methamphetamines, heroin, cocaine and marijuana.
The raid involving state and federal drug agents was conducted by the GIANT drug team, the Gogebic Iron SWAT Team, Gogebic County Sheriff’s Department, U.S. Drug Enforcement Administration (DEA) and the U.S. Bureau of Alcohol, Tobacco and Firearms (ATF). Beacon Ambulance Service stood by the scene just in case.
Police confiscated a large amount of meth, coke, heroin, and pot plus several firearms and ammunition, according to a GIANT press release.
Two others – plus Tutor – were present during the raid at the Whitebird residence. The trio are charged with possession of methamphetamines and a loitering charge for allegedly hanging around a drug house. They are 21-year-old Rebecca Jade Gibbons, 30-year-old Carlos Jordan, 30, and 34-year-old Corey Allan Tutor.
Meanwhile, another Gogebic County resident was appointed a U.S. Federal Public Defender on Tuesday – Lisa Celeskey of Ironwood, MI. The reason Celeskey needs a defense attorney for federal probe is not known. The Federal Public Defender Office recommended that attorney Sarah Emily Henderson be appointed to represent Celeskey
Gogebic Iron Area Narcotics Team
“GIANT”
This is one of several drug teams in the Upper Peninsula that are working to stamp out the methamphetamine problem that has led to countless deaths, plus left hundreds of Yoopers with very hard to beat addictions to meth, and U.P. Breaking News has heard from numerous homeowners who are among those with rental property that got used as meth labs causing millions of dollars of damage to homes across the U.P.
As unusual and independent as the Upper Peninsula where he ruled with an iron fist for 3 decades – Today and Tomorrow are Officially The Final Days for His Honor – The Honorable U.S. District Court Judge Robert Holmes Bell
Plus we hope to hear today about the future of Eastern District of Michigan Federal Prosecutor Barbara McQuade
A new top federal prosecutor took the helm last week in the U.P. area and western half of the Lower Peninsula – The new top cop for the U.P. is Acting U.S. Attorney Andrew Birge, who took over last week after the resignation/step-down of U.S. Attorney Patrick A. Miles, Jr. (all just an expected big federal shakeup with a new president from different party)
“The diversion of firearms for unlawful purposes or to those who cannot legally possess them endangers each and every member of our society,” said Federal Judge Robert Holmes Bell at his final sentencing on Thursday
The honorable 72-year-old U.S. District Court Judge Robert Holmes Bell held his final sentencings last week.
This Judge’s judge naturally Command’s Respect (Reminds This Reporter of the Non-Nonsense, Order-In-The-Court, Hang ‘Em High, The Triple A Himself – The Late Great Federal – U.S. District Court Judge Anthony A. Alaimo in Georgia).
Like all federal judges in Michigan, Judge Bell’s impact was profound on every northern Michigan Indian Nation – whether it was tribal domestic violence, or the Founder of American Tribal Gambling Fred Dakota, or the many civil cases.
For Whom the Bell Tolls – To Prison
Dealing With An Armed Crack Dealer:
Dealt 12 years in federal prison by U.S. District Court Judge Robert Holmes Bell in one of his final sentencings last week
By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433
Federal Judge Robert Holmes Bell sent many heavily armed and murderous drug dealers, gangs, gun-runners and just plain bad people to prison – from the Upper Peninsula and down to Grand Rapids, Kalamazoo and Benton Harbor.
In the federal system there is no parole, so when he sentences someone 20 or 30 years – that is what they serve.
Hey – Judge Bell even has a judge-looking appearance and official kind of name – just saying.
He was named (middle) after one of America’s most famous jurists.
There was even a brief filed last week with re-assignment of Judge Bell’s many criminal and civiol cases due to “Inactive senior status effective (tomorrow, Tuesday) January 31, 2017“– in legal jargon – but it means retirement:
“Judge Bell is scheduled to take inactive senior status effective January 31, 2017, and will be unavailable to conclude proceedings in these matter”
Judge Bell’s Second to Last Sentencing, followed by his final (scroll down to sees lots you do not expect):
Dealing With An Armed Crack Dealer:
Dealt 12 years in federal prison by U.S. District Court Judge Robert Holmes Bell in one of his final sentencings last week
By Greg Peterson
(Grand Rapids, MI) – Armed crack kingpin Calvin Veernell Dennis was sentenced to nearly 12 years (140 months) in federal prison by U.S. District Court Judge Robert Holmes Bell on Tues., Jan. 24, 2016 – the latest in numerous Michigan drug traffickers getting stiff prison terms
The decade plus in prison will be followed by three years supervised release
Calvin Veernell Dennis admitted being a highly armed cocaine trafficker and convicted felon in Kent County, MI.
Dennis pleaded guilty to felon in possession of firearms and possession of firearms in furtherance of a drug trafficking crime.
Colt Agent .38 revolver (Serial No. M53914) and 21 rounds of Winchester .38 spl. caliber ammunition
M-11, 9mm Cobroyo semiautomatic pistol and 60 rounds of 9mm ammunition
Smith and Wesson, model SW40VE, .40 caliber semiautomatic pistol (Serial No. RAY4273) and 20 rounds of Winchester .40 caliber ammunition
Tanfoglio, model TZ75, 9mm semiautomatic pistol (Serial No. H00704) and 16 rounds of Winchester Luger and Hornady 9mm ammunition
Rock River Arms, LAR 15, 5.56 caliber rifle (Serial No. CM179750) and 50 rounds of Remington .223 caliber ammunition
Violent crime/drugs/machine gun; possession of firearms in furtherance of a drug trafficking crime
Defendant in Custody
Assistant U.S. Attorney Sally J. Berens
Phone: (616) 456-2404
Email: sally.berens@usdoj.gov
Assistant U.S. Attorney Joel S. Fauson
Phone: (616) 456-2404
Email: joel.fauson@usdoj.gov
Assistant U.S. Attorney Jennifer S. Murnahan
Phone: (616) 456-2404
Email: jennifer.murnahan@usdoj.gov
Assistant U.S. Attorney Alexis M. Sanford
Phone: (616) 456-2404
Email: alexis.sanford@usdoj.gov
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Judge Bell’s Final Sentencing:
FOR IMMEDIATE RELEASE: Thursday, January 26, 2017
Grand Rapids Man To Spend Five Years In Prison For Trafficking Firearms
GRAND RAPIDS, MICHIGAN – Donte Timothy Bacon, 31, of Grand Rapids, was sentenced to 60 months’ imprisonment, Acting U.S. Attorney Andrew Birge announced today.
In August, Bacon pled guilty to selling a firearm to a prohibited person and possession of a firearm with an obliterated serial number. Charles Lee Samuels, 28, earlier was sentenced to 18 months in prison for his lesser role in the crimes.
On five different occasions in August and September 2014, Bacon sold a firearm to a person who was not permitted to possess it under federal law. One of the firearms was sold with a high-capacity magazine. Two of those firearms had been purchased by Bacon and Samuels and were sold after Bacon removed the serial numbers. During the final transaction, Bacon and Samuels used a hand-grinder to remove the serial number at the time of sale.
In his final sentencing before retiring from the bench, U.S. District Judge Robert Holmes Bell observed the seriousness of trafficking firearms. Judge Bell ordered Bacon to serve three years of supervised release following his term of custody and expressed his hope that Bacon will return as a productive member to his community.
“The diversion of firearms for unlawful purposes or to those who cannot legally possess them endangers each and every member of our society,” said Acting U.S. Attorney Birge. “The U.S. Attorney’s Office will prosecute those who willfully circumvent federal firearms laws designed to protect the public.”
“Selling firearms to prohibited individuals contributes to the cycle of gun violence plaguing our neighborhoods,” said Special Agent in Charge Robin Shoemaker of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. “ATF will continue to use all available resources to put a stop to illegal gun sales. Let this conviction stand as a warning to others willing to put profit before public safety.”
The ATF conducted the investigation, with assistance from the Grand Rapids Police Department. Assistant U.S. Attorneys Justin M. Presant and Alexis M. Sanford prosecuted the case.
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Other federal court cases this past week you did not hear about:
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Five years in prison for coke/heroin dealer
Drug dealer Jamian Charles Pearce sentenced on Jan. 23, 2017 to five years (60 months) in federal prison by U.S. District Court Judge Paul L. Maloney for distributing heroin and cocaine in Kent County, MI in Feb. 2016.
After five years in prison, he will be on three years of supervised release.
On March 16, 2015, Muskegon County Law Enforcement arrested 32-year-old Jamian Charles Pearce for obstructing justice/probation violation in Muskegon, MI
Conspiracy to distribute narcotics; conspiracy to distribute and possess with intent to distribute cocaine
Defendant in custody
Assistant U.S. Attorney Mark V. Courtade
Phone: (616) 456-2404
Email: mark.courtade@usdoj.gov
Three years in prison for identity theft
By Greg Peterson
(Grand Rapids, MI) – Pedro Enrique Sanchez Pupo was sentenced to 37 months in prison on Jan.25, 2017 by Chief U.S. District Court Judge Robert J. Jonker for aggravated identity theft crimes committed in 2015 in Kent County, MI: In plea agreement, Pupo pleaded guilty to count one of the indictment conspiracy to commit wire fraud. Her will serve his time – three years and a month- in a federal prison in Florida near his family.
Date of last filing: 01/28/2017
Pedro Enrique Sanchez Pupo
Filed: 12/01/2015
Kent County
Count: 1 Citation: 18:1349.F Offense Level: 4
18:1349, 18:1343
Attempt and conspiracy to commit fraud; conspiracy
Count: 2 citation: 18:1029a.f offense level: 4
18:1029(a)(3), 18:1029(c)(1)(a)(i), 18:2
Produces/traffics in counterfeit device; access device fraud
Ten years – 121 months in prison for distributing coke and heroin
By Greg Peterson
(Grand Rapids, MI) – One of the defendants in major heroin ring was sentenced to just over ten years in federal prison on Jan. 24, 2017 by U.S. District Court Judge Paul L. Maloney for distributing heroin and cocaine during Jan. 2016 in Kent County, MI.
Mario Cruz pleaded guilty to one count of conspiracy to possess narcotics; conspiracy to possess and distribute cocaine and heroin.
No parole in federal prison, and will be under three years supervised release when let out in a decade.
Case Summary
1:16-cr-00036-PLM-3 USA v. Hairston et al
Date filed: 02/25/2016
Date of last filing: 01/24/2017
Mario Cruz
Filed: 02/25/2016
Kent County
Other Court Case: 1:16-cr-169 Related Case
Count: 1 citation: 21:846=np.f offense level: 4
21:846, 21:841(a)(1), 21:841(b)(1)(a)(i) and (ii), 21:841(b)(1)(c)
Conspiracy to possess narcotics; conspiracy to possess and distribute cocaine and heroin
Count: 2 citation: 21:846=nd.f offense level: 4
21:846, 21:841(a)(1), 21:841(b)(1)(a)(i) and (ii), 21:841(b)(1)(c)
Conspiracy to distribute narcotics; conspiracy to distribute and possess with intent to distribute cocaine and heroin
This is the new U.P. Breaking News page devoted to exposing the many federal cases involving child pornographers and the child pornography and sex cases filed in northern Michigan federal courts and some of the Lower Peninsula (if you are found not guilty let us know otherwise do not complain that we expose the admitted creeps of society)
U.P. Breaking News lets the chips fall where they may – raising public awareness is one of the duties of the media.
If you know someone with child pornography or who has committed sex crimes against children – please call the police asap!
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Page under construction – constantly updating – will be adding more cases and their results plus updating all cases – if you have a federal case you would like to see us feature – please send the name to U.P. Breaking News through Facebook, email or call
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Normann Robert Pittelkow of Albion, MI – 22 years in prison for child porno
Girlfriend Nicole Renee Jacob – 15 years in prison
Just released by U.P. Breaking News – Read the astounding “Boo-Hoo Letter” from a Michigan child pornographer who was sentenced this week to two decades in prison
Couple involved in child porn – now off to prison – but will they be allowed to get married
A longtime Albion, Michigan couple – who want to get married in federal slammer – are headed to federal prison for a long time after pleaded guilty in connection with shocking case in Calhoun County involving child porn and exploitation of children for getting three underage girls to pose for naked photos that he posted on the internet.
For the next 30 plus years the feds to keep an eye on the man – mostly in federal prison and has been ordered to pay over $20,000 to his minor victim plus restitution for his prosecution in a series of fees/fines.
Normann Robert Pittelkow of Albion, MI will spend over 22 years (265 months) in federal prison for sexual exploitation children and and possession of child pornography.
Pittelkow and his long-time girlfriend, coerced young three sisters to pose for nude and lingerie photos The girls were aged 13, 14, and 16. The crimes committed in September 2013.
In an incredible letter to the judge, Pittelkow said he seeks to “repair the damage” his crimes have caused and “figure out why my thought process broke down and get it mended.”
Saying he has lost all friends, co-workers and family, who are apparently not interested in his apologies.
Pittelkow was sentenced this week (Nov. 30, 2016) by a disgusted U.S. District Judge Robert Holmes Bell in Grand Rapids, MI.
His girlfriend, Nicole Renee Jacob, will spend over 15 years (180 months) in prison after a plea agreement with federal prosecutors. She was sentenced on Oct. 27, 2016 by Judge Bell.
In a five page letter to the judge, Pikkelkow even claims to want to marry his partner of 14-years – even though they were involved in a child porn plot.
Pittelkow was represented by attorney Helen Nieuwenhuis.
After serving the 22 years, he will be placed on ten years of supervised release.
Pittelkow was indicted with numerous felonies including four counts of “sexual exploitation of children; sexual exploitation of a child and attempted sexual exploitation of a child and one count of material constituting/containing child porno; possession of child pornography
Jacob was charged with sexual exploitation of children; sexual exploitation of a child and attempted sexual exploitation of a child
The federal prosecutors in the case is Assistant U.S. Attorney Tessa K. Hessmiller and Assistant U.S. Attorney Jennifer S. Murnaha.
Aaron Tyler Dulac was sentenced on Nov. 28, 2016 to 15 years (180 months) in federal prison – followed by eight years of supervised release – by United States District Court Judge Paul L. Maloney for child porn offenses on March 27, 2013 in Ingham County, MI.
Distribution of Child Pornography
Counts 2-4 and 5-6 are dismissed
United States District Court for the Western District of Michigan Southern Division
Dulac knowingly distributed child pornography that was shipped and transported using any means and facility of interstate and foreign commerce, including by computer. Specifically, the defendant distributed approximately 24 images and 2 videos of child pornography via e-mail through the internet, including, but not limited to, one or more of the following visual depictions:
14_yo_hairbrush-sluurrps.avi
Other Sexy party with some children 3 (400).3gp
[name redacted]_005.jpg
[name redacted]_006.jpg
[name redacted]_007.jpg
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Robert Thomas Carlson of Marquette County
Carlson was indicted for possession of child pornography by a federal grand jury in Marquette on Tuesday, August 12, 2014 – one of three U.P. cases filed by the office of United States Attorney Patrick A. Miles, Jr. in the U.S. District Court for the Western District of Michigan that includes the Upper Peninsula.
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54-year-old Mark Earl McLeod of Marion, Michigan – died before sentencing after pleading guilty
In May 2015, a federal judge dismissed the indictment after the suspect’s death
“Having received and reviewed the government’s motion to dismiss the indictment due to the defendant’s confirmed death, and defense counsel not opposing the motion, the court hereby grants the motion, and orders that the indictment be dismissed.”
Distribution of Child Pornography on or about February 25, 2012, in Osceola County, in the Southern Division of the Western District of Michigan.
McLeod was indicted on Tuesday, August 12, 2014 for possession and distribution of child pornography – involving preteen boys – during 2012 in Osceola County.
McLeod “knowingly possessed approximately 564 images and approximately 48 videos of child pornography,” the indictment states.
McLeod “knowingly distributed child pornography that was shipped and transported in and affecting interstate and foreign commerce by any means, including by computer,” the indictment states and continues “the defendant distributed child pornography via the Internet using a peer-to-peer file sharing program.”
Mark Earl McLeod knowingly distributed child pornography that was shipped and transported in and affecting interstate and foreign commerce by any means, including by computer. The defendant distributed child pornography via the Internet using a peer-to-peer file sharing program, including, but not limited to, one or more of the visual depictions listed below by file name:
REALLY SICK 9yo boys xxxing in the Axx Preteen Pedo Boys Playing Sucking Gay
!2005! Preteen boys posing nude zadoom kdv rbv pthc fenerbahce shx gay sex 9yo 106yo
11yo 112(1)(1).JPG.
Count two possession of child pornography on or about May 7, 2012, in Osceola County, in the Southern Division of the Western District of Michigan, Mark Earl McLeod knowingly possessed approximately 564 images and approximately 48 videos of child pornography, including, but not limited to, one or more of the visual depictions listed below by file name:
1. aaaa boylove gay pedo preteen boy sex child porn 107.jpg;
2. aaaa boylove gay pedo preteen boy sex child porn 129.jpg;
3. aaaa boylove gay pedo preteen boy sex child porn 143.jpg;
Naked Nude On Bed Pedo Young Child Sex Kdv Rbv Pjk(11).jpg;
5. {FC03A2F5-2875-496D-86D2-C86F8C1BF739}.jpg; and
6. Preteen Boys 3some RBV KDV PT R@YGOLD PRT PTHC PJK Preteen Kids Boys
Little illegal Incest Pedo Young Gay Teen Innocent Child Hairless 08.jpg.
Such depictions were shipped and transported using any means and facility of interstate and foreign commerce. Specifically, the defendant downloaded these images from the Internet.
Christopher Michael-Ernest Smith a/k/a “mikedphunt at yahoo.com” of Grand Rapids, MI was sentenced to seven years (84 months) in prison on Oct. 21, 2016 by U.S. District Court Judge Riobert J. Jonker for Receipt of Child Pornography that occurred in September 2014 in Kent County, Michigan.
After prison, he will spend 10 years on supervised release
Indictment: Christopher Michael-Ernest Smith a/k/a “mikedphunt at yahoo.com” knowingly distributed child pornography that was shipped and transported using any means and facility of interstate and foreign commerce. Specifically, the defendant distributed approximately 16 images of child pornography via e-mail through the internet, including, but not limited to, one or more of the visual
depictions listed below by file name:
1. dsc00035.jpg
2. dsc00057.jpg
3. dsc00074.jpg
4. dsc00080.jpg
5. [name redacted]1_set36_066.jpg
6. [name redacted]1_set36_062.jpg
7. [name redacted]1_set36_065.jpg
8. [name redacted]1_set36_067.jpg
9. [name redacted]1_set36_093.jpg,
10.[name redacted]1_set36_095.jpg
11.[name redacted]1_set36_096.jpg
12.[name redacted]1_set36_097.jpg
13.[name redacted]1_set36_098.jpg
14.[name redacted]1_set36_100.jpg
15.hard(154).jpg
16.hard(195).jpg
18 U.S.C. § 2252A(a)(2)(A) and (b)(1)
18 U.S.C. § 2256(8)(A)
Criminal Sexual Conduct – Second Degree (person Under Thirteen) Date Convicted: 07 July 2005
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34-year-old Douglas Emil Kugler, Jr. of Vilas County, Wisconsin on Wednesday, July 13, 2014 agreed to a plea bargain and pleaded guilty to one count of abusive sexual contact with a child under the age of 12.
Kugler signed the plea agreement on August 7 before his defense attorney Derek G. Swajanen and assistant U.S. Attorney Paul D. Lockner.
The maximum penalty if Kugler pleads guilty is 20 years in jail, a $250,000 fine and five years probation.
Kugler must file as a sexual offender in Wisconsin.
A non-native Kugler allegedly had sexual contact with a young Native American boy- about 3 and a half years old – while visiting a family member at the Keweenaw Bay Indian Community in Baraga, Michigan.
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61-year-old Tommy Alan Cain, formerly of Kincheloe, was arrested in Grand Rapids on July 24, 2014 after his indictment by a federal grand jury on multiple sexual abuse laws involving a minor:
Five counts of Sexual Abuse by Threat (Max life sentence if convicted)
One count of Abusive Sexual Contact by Threat (Max 3 years if convicted)
Six counts of Sexual Abuse of a Minor. (Max 6 years per count – or 36 years total – if convicted
The indictment alleges Cain engaged in sexual acts with a minor victim over a four-year period beginning in 2007 on trust lands of the Sault Ste. Marie Tribe of Chippewa Indians.
Cain,who is non-native, is accused of molesting and terrorizing a female minor who is Native American.
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Derek Allen Kidder of Kent County, Michigan was indicted on August 6, 2014 by a federal grand jury in Grand Rapids on two felonies involving the receipt and possession of child pornography depicting very young boys and girls.
Kidder allegedly received and viewed child pornography on or about September 6 and 7, 2011 in Kent County on his computer.
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John Richard Balyo of Kalamazoo was indicted on July 23, 2014 by a federal grand jury in Grand Rapids on felony charges of sexual exploitation of a child and possession of child pornography.
Balyo allegedly “produced photographs of a boy” about 12 years old and then “engaged in sexually explicit conduct” on April 19, 2014 in Kalamazoo County, Michigan.
Under forfeiture proceedings, if Balyo is convicted the government plans to take his Apple iPhone4S, and Apple iMac computer and a Nikon digital camera.
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Related info:
Michigan child porn stories: Mid-Michigan man facing felony child pornography charges: Willard Wallace Jr., 56, of Midland is accused of producing child porn with kids between the ages of 2 and 7
Another Kinross Inmate is Dead: Kinross Prison reported in state of fear and terror for both Michigan Corrections Officers and the Inmates following recent riot
Died from lack of water?
Officials refuse to say what happened to latest dead inmate at Kinross
Kinross unrest and danger is a real and present danger to public, staff and prisoners in eastern U.P., our investigation shows
By Greg Peterson
Owner, News Director
U.P. Breaking News
906-273-2433
(Kinross, MI) – An ongoing investigation by U.P. Breaking News into reports of abuse of inmates – and of real danger to state corrections officers – has numerous sources reporting a state of fear, danger and retaliation at controversial prison in the eastern part of Michigan’s Upper Peninsula.
First the guy who died yesterday was no saint – a long record of crimes – but he was not sentenced to death by the jury. Yet he died yesterday under mysterious circumstances that may include lack of hydration.
Yesterday (Mon., 10-10-16), U.P. Breaking News reported that emergency medical officials were called to the prison to treat an inmate who was not responsive. Well, that inmate, Charles Lee Anderson, is dead.
He recently celebrated his 51st birthday.
His crimes are long and terrible, but sources familiar with the case say he should not have died yesterday.
We have left a message for the Kinross Warden – but he has not returned our calls.
Numerous sources report a state of fear and danger – that is felt by both inmates and corrections officers at Kinross. Recently state budget cuts in the Upper Peninsula have put lives at danger – and even led to numerous deaths, an investigation by U.P. Breaking News shows.
Without even hearing from state officials, U.P. Breaking News believes the state would deny the budget cuts have lead to deaths in the U.P. – so we are putting up their generic denial as a courtesy.
Remember while fires were set and a massive riot was underway, MDOC officials lied to reporters about how serious the recent riot was at Kinross. U.P. Breaking News has to post proof in the former of sate communications before state officials acknowledged a riot had happened. See our youtube page for the audio.
One source said the state is legally obliged to provide and strive for an environment that is safe to both inmates and corrections officers – which by the way – we have heard there are many good COs at Kinross who are also disgusted with how the prison has devolved into danger to staff and inmates.
Out investigation shows, we believe, that federal authorities need to raid Kinross asap before more deaths occur.
**State officials are urged to call U.P. Breaking News 906-273-2433. Please.
***U.P. Breaking News is also amazed that the union officials from the Michigan State Troopers and Corrections Officers Unions are not making the public aware of these dangers caused by budget cuts. I would not want to even live near the prison right now.
Below see his criminal history of the dead Kinross Inmate – as given by state website:
Will the words of U.S. Congress members help overturn the conviction of an Upper Peninsula medical marijuana business owner – who pleaded guilty – after being accused of flaunting state and federal marijuana and weapons laws
Nathan Joyal settles forfeiture for $50,000 – and files a plea for a writ of habeas corpus
(Marquette, MI) – On one hand he’s suing the feds calling them persecuting crooks – and with the other hand slipping a mound of cash to settle a fine with federal prosecutors.
Fast becoming a cause célèbre in the medical marijuana movement as his case is oft discussed in industry chat-rooms, a Houghton County man is demanding he be released from prison in a motion that basically accuses the feds of persecuting medical pot providers.
Just days after handing $50,000 over to federal prosecutors, Nathan Joyal filed the civil suit that protects the wrongly imprisoned – the famous demand for a writ of habeas corpus. Serving time at a federal prison in Duluth, MN, Joyal is now known by his prison number: 18185-040
In May 2015, a judge approved a demand by federal prosecutors who filed a $100,000 (cash) “forfeiture money judgment” against Joyal
On August 11, 2016 “an order of satisfaction of forfeiture money judgment” was filed essentially cutting the forfeiture in half – to $50,000.
“The parties reached an agreement for the government to accept an immediate payment of $50,000 in satisfaction of the defendant’s (Joyal’s) outstanding balance of the forfeiture money judgment,” the document reads.
On August 6, 2016, “the United States Marshals Service received a cashier’s check in the amount of $50,000 made payable to The United States Marshals Service,” as agreed by all parties. “The judgment is satisfied.”
The forfeiture satisfaction was filed under the name of a retired (or semi-retired) Judge R. Allan Edgar – and 19 days later (August 30, 32016) – a notice was filed officially reassigning the case to another judge.
The Houghton County man pleaded guilty to running a rogue pot growing and medical marijuana dispensary operation – while heavily armed. But his attorneys say Joyal was unaware at the time of his plea that the government’s ability to prosecute him had been defunded.
“In this instance, (Joyal) was wholly unaware that during the course of the proceedings the funding for the government was revoked for the express purpose of thwarting its ability to prosecute medical marijuana cases,” the suit states.
Joyal’s civil suit against the government argues that defunding the national program that targets illegal pot growing in medical marijuana states – is a giant stogie of a smoke signal that prosecuting medical marijuana dealers is a waste of time and should be a thing of the past.
Joyal argues he complied with state law – while creating his medical marijuana business.
Joyal “went through great pains to comply with state law at every step of his opening and running a medical marijuana dispensary,” the suit states.
Saying he is illegally confined in prison, Joyal’s civil suit calls for him to be released and that his conviction be overturned.
The 15-page suit seeks a writ of “habeas corpus” on behalf of Joyal and is a “motion to vacate, set aside, or correct a sentence” for a person in federal custody – an argument often used by prison inmates. Its considered the best legal way to set free a person wrongly imprisoned in the U.S.
The suit is accompanied with a pile of legal arguments including two California cases that argue a person can appeal even though they forgo the right as part of a plea deal – and to prevent the U.S. Justice Department from spending money to prosecute medical marijuana cases because the effort has been defunded – arguing the suspects had not broken the law.
On Dec. 16, 2014, the president signed an appropriations act for 2015 – and in it two members of congress included “a rider” which “defunds the Dept. of Justice from prosecuting against medical marijuana providers who are adhering to state laws protecting their actions,” according to the motion filed by Joyal.
“This in fact makes the prosecution of these individuals (busted medical marijuana businesses) a crime” under the Anti-Deficiency Act.
Another issue is Joyal’s waiver of his right to appeal when he agreed to the plea bargain “under advice of council.” But – Joyal says – the whole deal was invalid from the get go.
The “legality” of a plea deal with federal prosecutors – and giving up the right to appeal – is “held to the same standard as any other legal contract” and “illegality in the contract voids the agreement.”
“Therefore the contract/waiver (of appeal rights) is void,” the suit states, adding Joyal did not have timely access to updated legal opinions while in prison.
“The issue in this case is whether the government had the right to prosecute this case,” the suit contends – citing a recent ruling in the Ninth U.S. Circuit Curt of Appeals (U.S. vs. Steve McIntosh No.15-10117).
That ruling involves a California medical marijuana case that addresses the legality of prosecuting a case where a “rider” exists – that denies federal funding to prosecute cases “where the defendant abided by state law there exists a serious question of constitutional law of the legality of a subsequent conviction using funds disallowed,” the suit states.
The suit makes much hay out of testimony from members of congress stating the prosecution of those involved in the medical pot business is illegal – and a crime.
In addition to the defunding “rider” – the U.S. Congress made it a crime to even prosecute the cases, the suit states
“It is actually a criminal act to circumvent the rider” and doing so “is a criminal offense punishable by up to two years in prison and a fine of $5,000,” the suit argues.
“There is a clear violation of congressional intent in the prosecution of medical marijuana cases,”
“It has even been made clear by members of congress that to prosecute these cases is in fact itself a crime,” the suit states, adding that Joyal and his father worked hard to bring the issue to the attention of defense attorneys and the court in a timely matter – asap. Another case (is used to argue the so-called “statute of limitations” between when a defendant knows about a defense that can vitally affect a criminal case – and when its brought to the attention of a judge.
The case cited is: Willis vs. Jones – a 2009 ruling from the Sixth U.S. Circuit Court of Appeals.
A man who apparently loves his weapons, Nathan Anthony Joyal once owned a medical marijuana dispensary in Houghton, Michigan – that was – until shortly before he was arraigned in August 2014 on a 17-page, 12-count federal drug and guns indictment – that could have put him in prison for life.
Instead, Joyal pleaded guilty only to counts 1 and 12 – and was sentenced in May 2015 to four years in federal prison and three years supervised release.
Counts 2 through 11 were dismissed by federal prosecutors as part of a plea agreement that normally includes the removal of a right to appeal. The case involves large forfeiture proceedings plus military body armor and two dozen weapons ranging from assault rifles to shotguns and handguns.
The suit asks that the case against Joyal be thrown out by any legal means.
Joyal’s conviction on Count 1 of the indictment “should be over-turned, set aside or that part of the indictment quashed” or “whatever relief the court deems just,” the suit states.
Noting Joyal has “not trained in the law,” the suit he authored states he “has not had adequate time to dispose of personal property to raise funds to hire an attorney” to address “concerns about procedural time limits.”
The suit was filed by:
Nathan Joyal
Federal Prisoner Number 18185-040
Federal Prison Camp
P.O. Box 1000
Duluth, MN 55814
Attachments (see related links below):
U.S. vs. Steve McIntosh No.15-10117
U.S. vs. Charles C. Lynch Nos. 10-50219, 10-50264
Briefs of members of Congress Dana Rohrabacher (R-CA) and Sam Farr (D-CA), as amici curiae in support of Charles C. Lynch’s Motion For Rehearing En Banc
Willis vs. Jones 2009 (Sixth Circuit)
——-
Willis vs. Jones, 329 Fed. Appx. 7, 2009 U.S. App. Lexis 10578; 2009 Fed. App. (6th Circuit)
Briefs of members of Congress Dana Rohrabacher (R-CA) and Sam Farr (D-CA), as amici curiae in support of Charles C. Lynch’s Motion For Rehearing En Banc
L.A. Times story states: In a strongly worded brief filed with the U.S. 9th Circuit Court of Appeals, U.S. Reps. Dana Rohrabacher (R-Costa Mesa), and Sam Farr (D-Carmel), accused prosecutors of flouting federal law as they go after Lynch and called on the court to end the case against him.
The congressmen entered the fray over Lynch by chance.
The pair were the authors late last year of a small but significant amendment to federal law that was meant to prevent the Department of Justice from interfering with states where medical marijuana is legal.
Federal law bars Department of Justice from spending funds to prosecute individuals acting lawfully under state medical marijuana laws (O’Scannlain, J.)
Petitions for Writ of Mandamus
Argued and Submitted December 7, 2015
San Francisco, California
Filed: August 16, 2016
Before Circuit Judges: Diarmuid F. O’Scannlain; Barry G. Silverman and Carlos T. Bea
Brief of Senator Mark Leno (SD-11), Senator Mike Mcguire (SD-02), and Former Senator Darrell Steinberg as amici curiae in support of Charles C. Lynch’s Motion For Rehearing En Banc
12 Count Federal Guns and Drugs Indictment: Houghton, MI marijuana dispensary owner: flak jacket, assault rifles, $750,000 forfeiture
12 Count Federal Guns and Drugs Indictment: Houghton, MI marijuana dispensary owner could get life pled not guilty, max is life, flak jacket, assault rifles, $750,000 forfeiture
12 Count Federal Guns and Drugs Indictment could land Michigan marijuana dispensary owner in prison for life: Military flak jacket, assault rifles, and $750,000 plus other property in forfeiture notice
by Greg Peterson/Upper Peninsula Breaking News
(Marquette, Michigan) – The owner of a now-closed medical marijuana dispensary in Houghton, Michigan remains free after being arraigned on a 17-page, 12-count federal drug and guns indictment – that could put him in prison for life – on Tuesday, August 5, 2014 in U.S. District Court in Marquette – in a case that involves a large forfeiture proceeding plus military body armor and two dozen weapons ranging from assault rifles to shotguns and handguns.
Nathan Anthony Joyal pleaded not guilty before U.S. Magistrate Judge Timothy P. Greeley during a brief court appearance at federal court in Marquette and then released on bond.
However, as part of being released on bond – Judge Greeley ordered Joyal to turned over a flak jacket.
A flak jacket is military body armor developed to protect the military from high explosives including exploding grenades, anti-aircraft fire and more – but is not a bulletproof vest, according to several government and civilian internet sites.
Joyal was indicted by a federal grand jury in Marquette on July 22 – as he was originally arrested on state drug charges.
A federal indictment accuses Joyal of running a huge marijuana manufacturing and distribution operation between April 2011 and Dec. 12, 2013 – when his Houghton area home and business were raided.
The indictment specifically lists 50 kilos (110 pounds) of Marijuana and 50 or more marijuana plants.
The charges were read in court, however Joyal waived his right to have the indictment read into the record.
The charges:
One count of possession of a firearm in furtherance of a drug crime that carries a maximum sentence of life in prison and a $250,000 fine.
One count of manufacture of marijuana that carries a maximum of 20 years in jail and a one million dollar ($1,000,000) fine.
One count of possession of marijuana plants with intent to distribute that carries a maximum of 20 years in jail and a one million dollar ($1,000,000) fine
One count of conspiracy to manufacture and distribute marijuana that carries a maximum of 20 years in jail and a one million dollar ($1,000,000) fine.
One count of possession of a short barreled rifle that carries a maximum of 10 years in prison and a $250,000 fine.
Six counts of distribution of marijuana – that each carry a maximum sentence of 5 years in prison and a $250,000 fine.
One count of possession of marijuana with intent to distribute that carries a maximum sentence of 5 years in prison and a $250,000 fine.
The federal government is seeking “a substantial amount of personal property” from Joyal, said Judge Greeley.
Federal forfeiture proceedings includes $750,000 in “money” that equal proceeds “directly or indirectly” from Joyal’s alleged marijuana manufacturing conspiracy, according to the indictment. An additional $1,916 in cash was listed for forfeiture.
The indictment lists additional forfeiture targets including a generic request for tools, equipment, materials, chemicals.
The two federal gun charges involve a rifle less than 16 inches in length and a 40 caliber semi-automatic pistol
Those weapons are among 24 guns the indictment lists as targets of forfeiture including a variety of types of pistols (.9 mm .45 mm), revolvers (357 magnum, .45 caliber), shotguns (.410 and 12 gauge) and rifles (One Windham Weaponry AR15 assault rifle, two 45 mm assault rifles, .308 Winchester). Some of the guns listed had various millimeters that are associated with other assault rifles, but the indictment did not specify.
Related links as fyi:
Flak Jacket/Flak Suit:
Flak suits for combat crewmen were a highly successful and valuable adjunct in decreasing the total number of wounds and the number of lethal wounds in the thoracoabdominal region.
Grow, M., and Lyons, R. C.: Body Armor. Air Surgeons Bull. 2:8-10, January 1945.
A flak jacket or flak vest is a form of body armor designed to provide protection from case fragments (“frag”) from high explosive weaponry, such as anti-aircraft artillery (“flak” a German contraction for Flugzeugabwehrkanone), grenades, some round shot used in shotguns and land mines and other lower-velocity projectiles. It is not designed to protect against bullets fired from small-arms such as rifles or handguns. However, certain flak jackets are able to sustain certain gunshots, dependent on the armor, the gun, and the distance that the bullet has travelled.
The term “flak jacket” is often colloquially applied to newer body armor featuring protection against small arms projectiles, but the original usage predated the existence of functional bulletproof vests and the two are not interchangeable in performance.
It’s a Provisional Health Center that provides medicinal marijuana to patients from around the Upper Peninsula.
Nathan Joyal, owner of the Provisional Health Center said, “We provide medication to licensed patients. The staff here are state licensed caregivers, and so they have a license to dispense the medication and to advise the patients like a doctor or a pharmacist would.”
In the couple years the center has been open, Nathan Joyal says he’s seen this plant help people with a number of ailments.
“Appetite control, treating anxiety conditions, PTSD, they have back pain, digestive conditions.” said Joyal.
Around the country 20 states have legalized medical marijuana and in the next legislative session, Minnesota will be discussing whether to become the 21st. But even in Houghton, where the law has been in effect for more than three years there has been some turmoil between federal and state laws.
“There was a lot of confusion when the law first came out.” Joyal states.
At the federal level marijuana is considered a schedule–one drug, which means potential incarceration for possession. But with Michigan’s new law you can legally possess and consume marijuana if you have a doctor’s prescription.
Lieutenant Nicholas Roberts of the Houghton Police Department said, “Each patient can have 2.5 ounces or up to 12 plants, some people forget or intentionally forget how many they can have and that can get them in trouble.”
U.P. Breaking News has been focusing on the problem of habitual domestic violence involving Native American Males and female victims – and this is first we’ve found to this point with a female suspect up on federal charges
(Grand Rapids, MI) – In the past two years, federal prosecutors have been making cases against male domestic violence suspects on Native American reservations across northern Michigan and now a non-native female has been charged with assaulting a Native American man on tribal lands.
Marissa Nicole Sherlock, a non-native, is accused of a Class B federal misdemeanor for allegedly assaulting her boyfriend on June 26, 2016 in Calhoun County “in Indian Country” on “lands held in trust Nottawaseppi Huron Band of Potawatomi Indians.” The tribal lands are located within Calhoun County.
The victim is “an adult Indian male” identified only as “L.D.”
A non-jury trial is scheduled for 9:30 a.m. on August 30, 2016 at federal court in Grand Rapids. The final pretrial conference is August 23.
Sherlock is charged in a federal criminal information filed by Asst. U.S. Attorney Jeff J. Davis, the federal prosecutor in the case filed in the U.S. District Court for the Western District of Michigan. The federal misdemeanor charge carries a much lesser sentence than the federal felony habitual domestic violence cases that require three previous convictions in state or tribal court.
The case has also been assigned to Nancy A. Bogren, the Nottawaseppi Huron Band of the Potawatomi Tribal Prosecutor and a Special Asst. U.S. Attorney
Sherlock is free on personal recognizance bond and must abide by several court conditions including not to contact the victim.
She was freed after entering a not guilty plea before U.S. Magistrate Judge Ray Kent. Sherlock’s defense attorney is Asst. Federal Public Defender Richard D. Stroba, according to federal court documents. The Nottawasepe Potawatamie Reservation is located in Athens Township in southwestern Calhoun County in southwestern Michigan. The tribe has purchased an additional 230 acres of land for its use and operates a gaming casino in Battle Creek, according to Wikipedia.
Related links:
Marissa Nicole Sherlock, Asst. Public Defender aka defense attorney
“Drugs in Detroit are being spread like a cancer here in the U.P.,” said U.S. District Court Judge R. Allan Edgar, who was presiding over his final sentencings before retirement. “There is really no excuse for it.”
Corrie Venta Ruth, left, was sentenced to 41 months or three years and five months in federal prison. Stephanie Rae Hatch, right, was sentenced to 33 months or two years and nine months in federal prison. Video still by Greg Peterson
Damon Ramone Belcher received 46 months or three years and 10 months in federal prison. Video still by Greg Peterson
(Marquette, MI) – A large heroin and crack cocaine pipeline from Detroit to the Upper Peninsula is being dismantled by federal prosecutors who oversaw the sentencing of three co-conspirators last week (June 22, 2016) and there are huge hints that more criminal charges and indictments are expected against others in the drug trafficking organization that can be violent.
“Drugs in Detroit are being spread like a cancer here in the U.P.,” said U.S. District Court Judge R. Allan Edgar, who was presiding over his final sentencings before retirement. “There is really no excuse for it.”
“Today we are dealing with the Houghton branch of the conspiracy,” the judge said, noting that the kingpin of the conspiracy was also bringing “heroin and crack cocaine to Escanaba.”
Federal prosecutor Paul Lochner said the cases are important to the U.P. because the cycles brought by highly addictive drugs have left a “wrath of social problems” on Yooper and national doorsteps – like meth, heroin and cocaine.
Even though the nickname of a Detroit drug baron and his wife were brought up several times during the sentencings, one federal official pleaded with U.P. Breaking News not to use the name because “lives are at stake” and suggested a temporary pseudonym be used in news coverage.
The kingpin is “good about hiding facts of the conspiracy” from each employee, federal officials said.
For the purposes of this story only and to protect lives, U.P. Breaking News will use the pseudonyms “Mr. Drug Kingpin” and “Mrs. Drug Kingpin.”
“Drugs in Detroit are being spread like a cancer here in the U.P.,” said U.S. District Court Judge R. Allan Edgar, who was presiding over his final sentencings before retirement. “There is really no excuse for it.“
Corrie Venta Ruth, left, was sentenced to 41 months or three years and five months in federal prison. Stephanie Rae Hatch, right, was sentenced to 33 months or two years and nine months in federal prison. Video still by Greg Peterson
Damon Ramone Belcher received 46 months or three years and 10 months in federal prison. Video still by Greg Peterson
Federal Judge R. Allen Edgar handed out these sentences:
Damon Ramone Belcher, a.k.a. defendant “D” received 46 months or three years and 10 months in federal prison
Corrie Venta Ruth, a.k.a. defendant “C” was sentenced to 41 months or three years and five months in federal prison
Stephanie Rae Hatch sentenced to 33 months or two years and nine months in federal prison
All were interviewed and officially arrested by Upper Peninsula Substance Enforcement Team (UPSET) agent Ron Koski in Houghton, MI
The three sentencing were each handled separately. But had several uncommon ties – sidebars.
In a rare event during sentencing, an official sidebar with the judge was requested by prosecutors and defense attorneys with their clients at their side. Sidebars are common during trials and sometimes pretrial hearings but rarely during sentencing.
Just to make sure no-one could hear what was being said, federal court officials turned on a white noise machine.
At issue is a major federal investigation into the Detroit to the U.P. of a heroin and crack cocaine pipeline – and high level trafficking of drugs in others areas.
Cooperating witnesses lives may be in jeopardy.
Federal Prosecutors in Marquette, MI: Asst. U.S. Attorney Hannah Bobee, left, and Asst. U.S. Attorney Paul Lochner, right.
Federal Prosecutor Paul Lochner painted Ruth as one of “multiple bagmen” in the organization and all said all three were in the game because of greed – “trying to make money.”
Lochner said he hopes the prison sentences will be a “deterrent” and send the message to would-be drug couriers that “easy money is not the answer.”
“It’s a dumb decision,” Lochner said. “The answer isn’t selling narcotics.”
Damon Ramone Belcher and Corrie Venta Ruth were indicted on two counts each of felony “distribution of heroin.”
On Nov. 18, 2015 in Houghton and Lake Linden, Belcher and Ruth “knowingly and intentionally distributed heroin, and aided and abetted the distribution of heroin,” the indictments state.
The defendants and their lawyer ask for leniency:
During each sentencing, Assistant U.S. Public Defender Elizabeth A. LaCosse tried to paint her clients in the best possible light and pleaded for leniency because their respective roles were minor compared to others being investigated in the coke-heroin pipeline.
LaCosse argue that in federal sentencing guidelines there have long been “powder and crack cocaine disparities” in sentencing – that the judge noted was important because crack is much more addictive and powerful – the cooked base of powdered cocaine.
LaCosse reminded the judge about recently changed sentencing guidelines set by the United States Sentencing Commission and that the judge has the discretion to give a prison term appropriate for each person’s involvement in the conspiracy that take into consideration the actual drug weights of involving each defendant.
The judge said he sentenced all three on the “low end” of the federal sentencing guidelines because of their cooperation and relatively minor roles in the conspiracy.
However, Public Defender LaCosse asked the judge to consider an even lower departure because future sentencing commission edicts are expected to give judges even more desecration, but the retiring judge appeared uninterested in reading the tea leaves.
Saying I am a lowly judge, the Judge Edgar said he was going to “administer the guidelines as given” and issues raised by LaCosse are “questions for the sentencing commission to decide.”
After the heart-wrenching information offered by the defense, Assistant U.S. Attorney Paul D. Lochner reminded the judge that the cases are the latest example of the misery brought by drug traffickers in the U.P. – where an untold number of Yoopers are addicted.
Damon Ramone Belcher received 46 months or three years and 10 months in federal prison. Video still by Greg Peterson
Damon Ramone Belcher:
With the holidays approaching, Belcher needed “Christmas money” and made a dumb decision.
“He was unemployed” and desperate so Belcher “went back into crime,” said LaCosse, the court-appointed federal defense attorney.
LaCosse argued Belcher’s case is a “unique situation” because he was involved for only “14 days.”
Belcher “was hired (in Detroit) to sit on the bag” of cocaine and heroin as it was transported to the Houghton area by unnamed female conspirators, LaCosse said. Belcher “had no proprietary interest in the conspiracy.”
Damon Ramone Belcher received 46 months or three years and 10 months in federal prison. Video still by Greg Peterson
The judge described Belcher as an “enforcer” with a “limited function.” LaCosse described Belcher as “hired help” at the “bottom rung” of the drug pipeline.
“This is a bigger conspiracy” that could involve “all of the U.P.,” LaCosse said. Belcher is not “aware of subsections of the conspiracy.”
LaCosse argued that it wasn’t Belcher “did not transport drugs into the U.P.” However Judge Edgar said Belcher knew about the drugs in the vehicle and his job was to “accompany a female who was carrying drugs” often stashed in private places on their bodies.
“Two weeks and a $10,000 wire transfer” was the entirety of Belcher’s involvement, LaCosse said.
“He is not friends with all these people” involved in the heroin and cocaine conspiracy,” LaCosse said.
LaCosse said Belcher’s family depends on him and that he has taken “ownership (of his crime) and has learned responsibility.”
Belcher has a “mass on his colon” and may “require surgery in the near future,” LaCosse said.
Speaking to the judge before his sentence, Belcher said “I accept full responsibility – I did participate in the conspiracy.”
“I made a bad decision,” Belcher said. “I hope the Court shows some leniency.”
“I accept that what I did was wrong,” Belcher said.
Prosecutor Lochner said Belcher was “only being held responsible for the drugs he was involved with” and the bottom line is Belcher was “hired to come to the U.P. to sell cocaine Houghton.”
“A job he was doing well,” Lochner said. Heroin, cocaine, meth, painkillers (opioids), and other drugs that are being driven into the U.P. are “very addictive and very damaging” to the addict and the community.
Lochner said Belcher may claim he was after Christmas money but was the muscle in a smuggling ring – even if for a brief period..
Locking up people like Belcher and the others in the conspiracy serves “as a deterrent,” Lockner said.
Mr. Belcher should “consider people in Houghton who were fed coke (cocaine) by people like yourself.”
Woman smokes marijuana pipe http://www.psypost.org Photo credit: Jonathan Piccolo (Creative Commons)
“There has been a big spike in heroin use” in the U.P., Lochner said. From “oxycodone to heroin” the illicit drugs have been “devastating to the (U.P.) community.”
Lockner said Belcher’s “job was to make sure drugs went out and (bring) money back in.”
“They did accompany females from Detroit,” the judge said. The muscle escorting the women and drugs – like Belcher and Ruth – “were entrusted by suppliers downstate to protect the drugs,” Judge Edgar said.
The judge was not happy with Belcher’s criminal record that included “an armed robbery conviction.” Mr. Belcher got “back into criminal activity again – you were up here to make a buck,” the judge said.
As Belcher was being led away by U.S. Marshals, the judge offered a kind word.
“Good luck on your surgery,” Judge Edgar said.
Corrie Venta Ruth:
Ruth “was an idiot for trying to make quick money,” LaCosse said, adding Ruth is a “very nice person – not a street thug.”
However, LaCosse said Ruth grew up in a life surrounded by criminal “recidivism.” She asked Ruth be given credit for time served as he spent two months in the Houghton County Jail before “the (federal) government took over the case.”
Ruth told the judge he apologizes for bringing and “selling drugs” in the U.P.
“I want to apologize to the court,” said Ruth, in asking the judge to show “leniency.” “I apologize to the (U.P.) community.”
“I took the stupid easy route – this is not what I planned to do with myself,” Ruth said.
LaCosse said Ruth “didn’t know where he was going” when ordered by the Drug Kingpins but “did know it involved drug sales.” Ruth was the muscle hired to protect the shipment while the driving was handled by Damon Ramone Belcher, prosecutors said.
Ruth “had no idea about (the) Escanaba” arm of the drug ring, LaCosse said.
Corrie Venta Ruth, left, was sentenced to 41 months or three years and five months in federal prison. Stephanie Rae Hatch, right, was sentenced to 33 months or two years and nine months in federal prison. Video still by Greg Peterson
Stephanie Rae Hatch
Hatch allowed those involved in the conspiracy to “use her residence as a place to stay and to sell heroin and cocaine base” commonly known as crack cocaine, the indictments state.
Defense Attorney Theodore J. Greeley
“She was not an organizer or a leader” in the conspiracy said defense attorney Theodore Joseph Greeley, of the prominent U.P. law firm Casselman & Henderson P.C. Of Marquette.
Hatch was “not a decision maker” and only knew about the Houghton part of the drug ring – not the Escanaba tentacle, said defense attorney Greeley, the son of U.S. Magistrate Judge Timothy P. Greeley.
Hatch has suffered from substance abuse since childhood – or three quarters of her life – including smoking pot at age 9, drinking alcohol at age 11 and started using cocaine at age 15 – addition to other drugs, defense attorney Greeley said.
She first “had trouble with the law” at age 9, said Greeley.
Greeley argued that judge because crack cocaine is highly addictive – it is not always “cheaper.”
Corrie Venta Ruth, left, was sentenced to 41 months or three years and five months in federal prison. Stephanie Rae Hatch, right, was sentenced to 33 months or two years and nine months in federal prison. Video still by Greg Peterson
Hatch wire transferred money from Houghton drug sales to Detroit area drug suppliers and their associates, the indictments state.
An admitted drug addict, Hatch allowed her home to be “back up house” for the conspiracy to stash and sell crack cocaine and heroin, Greeley told the judge, admitting his client sent wire transfers to the Detroit kingpins from a U.P. Walmart.
The conspiracy facilitates Houghton “drug addicts” who sometimes become dealers “trying to make money” and feed their addictions, prosecutor Lochner said in general but specifically referring to Hatch’s involvement in the conspiracy.
Lockner said once addicts can not afford their drugs “its spirals” and they sometimes sell drugs.
“Next is the sales of drugs,” Lochner said, adding “it supplies their habit – locals help out” the conspiracy.
“It is a public hazard to have her out there” in the community, said Judge Edgar.
Edgar described Hatch as a “local courier” and who “wired drug money to Detroit or someplace.”
“Her home was a staging point for sales,” Judge Edgar said. “She played a pivotal role making sure the money got down” to Mr and Mrs. Drug Kingpin.
Hatch “understood” that she and her home were “essential to the success of the operation in Houghton,” Judge Edgar said,
Unlike her co-defendants, Hatch did not make a statement to the judge prior to sentencing. Hatch’s parents and teenage daughter drove up from Grand Rapids to attend the hearing and show support for their family member.
The Plea Agreements:
Under the agreements, the trio agreed to “fully cooperate” in drug investigations including with the federal Drug Enforcement Administration (DEA) and the Upper Peninsula Substance Enforcement Team (UPSET).
Under an agreement with federal prosecutors, Hatch, Belcher pleaded guilty to count one – felony conspiracy to distribute and possess with intent to distribute heroin and cocaine base.
The charges carried a maximum penalty of 20 years in federal prison that has no parole but the smaller time drug runners received much lower sentences under a plea agreement with federal prosecutors.
The judge waived fines due to defendant’s “inability to pay.”
As part of the plea agreement with the trio, the judge dismissed felony counts two and three – possession with intent to distribute heroin and possession with intent to distribute cocaine base. He also dismissed felony counts four and five against Belcher and Ruth.
Evidence obtained by prosecutors included cocaine base (crack cocaine), heroin, records of wire transfers, two undercover drug buys, prerecorded buy money, cell phone data, Walmart surveillance video, drug packaging, photographs, video of interview with Hatch.
During Ruth’s sentencing, the judge asked about the role of Mrs. Drug Kingpin (and other unnamed females) in the drug network – noting Mr. Drug Kingpin “used” his wife “to protect drugs.”
The federal prosecutor picked his words carefully in describing the hiding of drugs by female couriers.
“Their role is salient,” said Assistant U.S. Attorney Paul Lochner of Marquette. “It’s unique to females – let’s leave it at that.”
The defendants “conspired, confederated, and agreed with each other, and others, known and unknown to the Grand Jury, to distribute and possess with intent to distribute heroin” according to a five-page federal grand jury indictment of the three drug runners.
The judge waived fines due to inability to pay and all were sentenced to three years supervised release after prison, a $100 special assessment and must find jobs upon release from prison perform 20-hours weekly community service.
The trio were ordered to submit to DNA testing and cannot possess firearms, drugs or alcohol, testing and treatment for substance abuse and compete the cognitive behavioral treatment program.
The three were ordered to participate in a Michigan Bureau of Prisons 500-hour residential substance abuse program.
All three were given three years supervised released – a federal form of probation. Despite entering into plea agreements, the judge reminded the trio about their legal avenues for appealing his sentence. The three must complete a “cognitive treatment program.”
Damon Ramone Belcher received 46 months or three years and 10 months in federal prison. Video still by Greg Peterson
They can no longer posses guns, no drugs, no alcohol, undergoing regular drug and alcohol testing, and they can not visit establishments (bars) that serve alcohol, plus attend drug abuse treatment if determined appropriate by the U.S. Probation office. After release, they must serve 20 hours of weekly community service until they find a job.
A Marquette native, Edgar spent most of his career in Tennessee, first an attorney and then elected to the Tennessee House of Representatives. President Ronald Reagan appointed Edgar as a U.S. District judge in 1985.
His parents me at the Civilian Conservation Corps camp in Big Bay, MI.
Until age 13, Edgar lived as a child on West Magnetic Street in Marquette, MI
The family moved in 1953 when his his father got job in Tennessee.
The future Judge Edgar still spent summers in the U.P. with his grandparents and worked a summer job out at the exclusive Huron Mountain Club in Big Bay, MI.
Photo of Judge R. Allan Edgar by David Laprad, Hamilton County Herald
OxyContin causes more overdoses than heroin and cocaine combined, according to a report by the Centers for Drug Control. Vitualis/Flickr/Creative Commons
(Ishpeming, MI) – Ishpeming Police Friday night seized the van used in a hit and run about two hours earlier that injured a female pedestrian.
The victim, a younger female, was in screaming in pain while being treated for her injuries by paramedics on the scene.
As Upper Peninsula Breaking News was taking photos and video of the suspect’s van – a broken driver’s windshield was obvious. It’s not clear if the cracks are connected to the case.
The victim was struck Friday (June 10, 2016) about 9 p.m. by a van on Division Street just east of Seventh Street – near where local residents are familiar with – a big dip and curve at start of County Road – the back road between Ishpeming and Negaunee.
The victim was laying on the south side of the road along the east bound shoulder.
The victim, who was in obvious agony, was taken to the hospital in an ambulance by U.P. Health System Bell paramedics.
The names of the suspect and victim have not been released
Though painful the victims injuries did not appear life threatening.
The Ishpeming Fire Department assisted on the scene.
Ishpeming Police have not yet issued a release on the hit and run.
(Milwaukee, WI) – Federal prosecutors and Wisconsin tax collectors are going after the Swiss Bank account of a elderly convicted sex offender who is nearing the final year of his sentence.
69-year-old David Lawrence Comey is serving time at the Waupun Correctional Institution in northeast Wisconsin – where he was served with the federal civil complaint on Wednesday. He has served over 12 years and two months of a 13-year rape sentence. Prison records state he is eligible for mandatory release and that starts 12 years of extended supervision (probation) on July 1, 2017 and his “maximum discharge date” from probation is July 1, 2029.
Comey is self-proclaimed inventor, who apparently inherited millions, and was known in the mid-1980’s as a “critic” of the Elmbrook School District, whose arrest on a shoplifting charge was detailed in a April 16, 1985 story in the Milwaukee Journal.
Comey has served over 12 years and two months of a 13 year sentence.
On March 24, 2004, a Waukesha County jury convicted Comey of felony “2nd degree sexual assault of a mentally ill victim.”
Comey’s Wisconsin corrections department number is 00260220, but he is worth millions to the state and feds. If that weren’t enough, state records show Comey still owes nearly $21,000 in fines and fees on his sexual assault conviction.
One of the federal government’s superstar tax prosecutors filed a suit last week at federal court in Milwaukee to recover $1.1 million dollars in an “action to recover money.” Federal prosecutor Martin M. Shoemaker, a high profile trial attorney with the Justice Department’s Tax Division, filed the action on Wed., June 1, 2016 and the case was assigned to U.S. District Court Judge J. P. Stadtmueller in Milwaukee.
The U.S. Treasury Department and the U.S. Justice Department allege Comey violated a law that requires the filing of a “Report of Foreign Bank and Financial Reports, commonly known as an FBAR”
Comey never filed the FBAR – including in 2008 – that is due by June 30 “of each calendar year with respect to foreign financial accounts exceeding $10,000,” Shoemaker wrote in the complaint. “The penalty for willful violations of the reporting requirements mandated” is the “greater of (1) $100,000 or (2) 50% of the balance in the foreign account at the time of the violation.”
Milwaukee Federal Courthouse
“In 2007 Comey maintained a foreign financial account at UBS AG in Switzerland” and “failed to disclose his financial interest in that foreign financial account for 2007,” wrote Asst. U.S. Attorney Shoemaker in the June 1 civil action on behalf of the U.S.
“The balance of Comey’s foreign financial account was at least $1,963,566,” in 2008, the federal civil complaint states.
“Comey’s failure to disclose his interest in the foreign account was willful,” the complaint states. Comey “knowingly or recklessly failed to report his interest in the account anddeliberately meant to conceal the existence of the account.”
U.S. Department of Justice, Washington, D.C.
Comey’s Swiss bank account has not escaped the eyes of state tax officials who are seeking over a million dollars in fines and interest. Wisconsin filed delinquent tax warrants against Comey 10 times between Jan. 1998-Aug. 2011 totaling over one million dollars in taxes, interest and penalties.
In 1995, Comey pleaded no contest and was convicted of five counts of failure to file state tax returns. Comey received probation years earlier after he was convicted of two counts of filing fraudulent sales tax returns for vehicles and two counts of failure to file personal income tax returns.
“Prior to those convictions, between 1988 and 1992, Comey transferred $951,000 into Swiss bank accounts, which (the Wisconsin Department of Revenue) cannot trace,” the state court of appeals ruling reads. “The court made it clear to Comey that he had to file state and federal income tax returns.”
Armed with a Northwestern University engineering degree, “Comey said “he was an inventor and he needed to protect the privacy of his inventions,” according to the state court of appeals ruling.
Comey “inherited a lot of money in the form of stocks which had increased in value.”
In banking documents, Comey allegedly stated he “would like to avoid disclosure of my identity to the U.S. Internal Revenue Service under the new tax regulations,” state records state. Comey declared in Nov. 2000 that he “expressly agrees that my account shall be frozen for all new investments in U.S. securities.”
Comey “instructed UBS to hold all mail from the account to ensure there was no paper trail entering the United States,” the state appeals court ruling states. “Comey has failed to file a federal income tax return” between 1992 and 1999 and “thus has failed to report either the amounts earned in his foreign account or the existence of the account on Schedule B of (income tax) Form 1040.”
Comey was convicted in 1995 “for taking a copy of the statutes on C.D. Rom from the Office of the Revisor of Statutes without paying for it,” the appeals court wrote outlining Comey’s extensive criminal history.
Comey has a misdemeanor criminal convictions for disorderly conduct in 1986 and shoplifting in 1998.
Federal suit against sex offender with Swiss Bank Account
Citing his inventing skills, Comey stated he needed to “protect the privacy of his inventions” and did “not want to file returns showing his legitimate deductions for research expenses, so he set up a system with a corporation to avoid having to file returns,” the appeals court ruling states.
“Comey stated that the IRS conducted an investigation, instigated by opponents when he ran for political office,” the ruling states. “Comey accused DOR employees of filing false affidavits” and “maintained he had legally managed to have no tax liability.”
The state court of appeals ruling dated March 25, 1999 was affirmed by Judge P. Charles Jones, a Dane County Circuit Court judge participated the Judicial Exchange Program that swaps judges between the trial courts and the Wisconsin Court of Appeals.
The prior convictions are the two counts of failure to file a personal income tax return and two counts of filing false sales tax returns that the prosecutor referred to at the July 2, 1997 sentencing. On May 26, 1993, Comey was sentenced to four months’ in jail on one count of failing to file his personal income tax return received probation for one count of failure to file a personal income tax return and two counts of filing false sales tax returns. After Comey failed to file tax returns in violation of the probation conditions, his probation was revoked and on June 7, 1995 he was sentenced to 150 days in jail.
The WI Dept of Revenue filed a civil action against Comey, Cristeen B. Comey, and the 777 Corporation. Details of that case and the purpose of the 777 Corporation were not available.
The U.S. government filed a civil suit against Swiss bank UBS AG to reveal 52,000 American customers who allegedly conspired with the bank to defraud the IRS and federal government taxes. The Swiss Financial Market Supervisory Authority (FINMA) agreed to reveal information on 4,450 of the 52,000 accounts sought by the IRS, preserving the anonymity of more than 90 percent of their U.S. Customers.
On August 29, 2013, the U.S. Justice Department announced the Swiss Bank Program that “provides a path for Swiss banks to resolve potential criminal liabilities in the United States,” according to the USDOJ Swiss Bank Program webpage. Swiss banks were “required to advise the department by Dec. 31, 2013” that they may have “committed tax-related criminal offenses in connection with undeclared U.S.-related accounts.”
Banks under criminal investigation related to their Swiss-banking activities and all individuals were excluded from the program.
——-
Wisconsin Department of Revenue filed 10 delinquent tax warrants against Comey between Jan. 1998-Aug. 2011
Delinquent tax warrant in Waukesha County
Filed 08-17-2011 for 07-25-2011 judgment
$48,625.46
Two delinquent tax warrants in Waukesha County
Filed 08-17-2011 for 07-25-2011 judgment
$30,648.37
Delinquent tax warrant in Waukesha County
Filed 08-17-2011 for 07-25-2011 judgment
$171,172.46
Delinquent tax warrant in Waukesha County
Filed 08-17-2011 for 07-25-2011 judgment
$209,011.61
Delinquent tax warrant in Winnebago County
Filed 11-29-2010 for 08-30-2010 judgment
$30,648.37
Delinquent tax warrant in Winnebago County
Filed 11-29-2010 for 08-30-2010 judgment
$48,625.46
Delinquent tax warrant in Winnebago County
Filed 11-29-2010 for 08-30-2010 judgment
$209,011.61
Delinquent tax warrant in Winnebago County
Filed 11-29-2010 for 08-30-2010 judgment
$171,172.46
Delinquent tax warrant in Waukesha County
Filed 01-13-1998 for 08-18-1997 judgment
$11,212.65
——-
12-18-1996 shoplifting/retail theft guilty plea (one count dismissed on 03-20-1997)
11-22-1997 violation of domestic abuse injunction; dismissed
12-18-1997 pleaded guilty to harassment violating restraining order and a charge of misdemeanor bail jumping-misdemeanor was dismissed.
06-16-1998 found guilty of misdemeanor disorderly conduct
6-18-2003 misdemeanor disorderly conduct; dismissed on prosecutor’s motion Milwaukee County
11-18-2003 felony bail jumping; dismissed Waukesha County
03-24-2004 2nd degree sexual assault of a mentally-ill victim; found guilty by Waukesha County jury
——-
U.S. Treasury Department
Report of Foreign Bank and Financial Reports, commonly known as an FBAR
The court of appeals ruling was affirmed by Judge P. Charles Jones, a Dane County Circuit Court judge participated the Judicial Exchange Program that swaps judges between the trial courts and the Wisconsin Court of Appeals
Northern Michigan tribe accuses state of Michigan of persecuting tribes by unleashing federal crimes against Native Americans and interfering with tribal commerce in fight over cigarette taxes
(Above) KBIC charges as stated in 20-count federal complaint
Seneca versus the state of Michigan: Tax hungry Michigan settles tobacco agreements with 10 of Michigan’s 12 Native American tribes – but two Upper Peninsula tribes says its government creep into tribal business and KBIC tells Michigan to back off
U.P. Breaking News Exclusive: KBIC tells state of Michigan to stop committing federal crimes against Native Americans in ongoing dispute over cigarette taxes
(Marquette, MI) – The Keweenaw Bay Indian Community is not backing down – and in fact is ratcheting up – its decades long battle with the state of Michigan over the taxing of cigarettes.
Reacting to the threat of possible criminal charges and claiming its being coerced by the state, the tribe recently filed a 20-count, 60-page federal tribal rights lawsuit against four state officials in charge of enforcing and collecting taxes for cigarette sales and more.
The May 20 suit stems from large cigarette seizures by state police including in February and December 2015.
During the the Feb. 8 incident, state police seized of 184 cases of untaxed Seneca cigarettes amounting to over 11,000 cartons valued at nearly $200,000 during separate traffic stops by state police.
Tribal officials said the confiscated smokes were going to be sold on the reservation – therefore the state has no right to seize the cigarettes that are manufactured by Native Wholesale Supply Company, a tribal-chartered corporation that distributes tobacco products and is based in Perrysburg, NY on the Seneca Nation and operated by a Native American.
Meanwhile, in December over 3,300 cartons of untaxed Seneca brand smokes valued at nearly $66,000 were seized by state police. KBIC bought the cigarettes from an economic development arm of the Winnebago Tribe of Nebraska. The cigarettes were confiscated after tribal member John Davis was stopped by state police on U.S. 41 in Ely Township in west Marquette County.
“Davis was stopped by Michigan State Trooper (Chris) Lajimodiere, purportedly for speeding. However, no
speeding citation was ever issued,” the lawsuit states. Under forfeiture laws, state police also confiscated the pickup truck Davis was driving and the trailer that was used to haul the smokes.
KBIC is asking for immediate relief from a federal judge in the form of an injunction to stop the state from illegally seizing untaxed tribal cigarettes in a scheme the tribe alleges violates federal law.
The suit names several articles in the U.S. Constitution including the “Supremacy” clause that prohibits the feds from “unilaterally claiming federal supremacy over Indian tribes,” and 1983 Indian Traders Statues that cover Native Americans doing business, and a “Commerce Clause” in the Constitution that protects Native American business owners. The suit also sites an 1842 treaty between the Chippewa and the U.S. government involving ceded lands and commercial trade in Indian Country.
The seizures were scored by the MSP Eighth District Tobacco Enforcement Team assisted by MSP Troopers from the Iron Mountain Post. State police stopped KBIC cigarette delivery trucks in Iron County and Marquette County. The Michigan Attorney General’s office is continuing its investigation into the latest state police seizures of cigarettes without a tax stamp.
After the seizures, the tribe issued a statement saying it will not “be forced by the state of Michigan to enter into a tax agreement that would subject KBIC to a one-sided, burdensome state process.”
The lawsuit is the latest in an ongoing tax battle between the state and the KBIC. Michigan has imposed an excise tax on cigarettes since 1947 and that tax has risen many times bringing in nearly a billion dollars annually to the state to help finance education, the Healthy Michigan Fund, and the Medicaid Fund.
KBIC says it is illegal for the state to seize cigarettes intended for its members – and cited the state’s complicated tax systems including the Michigan Sales Tax Act, the Michigan Use Tax Act and the Michigan Tobacco Products Tax Act (aka Tobacco Products Tax Act).
Michigan Secretary of State Ruth Johnson
Michigan Treasurer Nick A. Khouri
The defendants are Michigan Treasurer Nick A. Khouri, Michigan Secretary of State (SOS) Ruth Johnson, Michigan Treasury Dept. Native American Affairs Specialist Walter A. Fratzke; and Michigan State Police Sergeant Christopher Crowley, who is responsible for enforcing and investigating violations of Michigan tax law, including the Tobacco Products Tax Act
Upper Peninsula Breaking News left messages for KBIC tribal attorney Danielle Webb and Skip Durocher, a Minneapolis attorney representing the tribe. Messages seeking comment were sent via email to Tribal Council President Warren “Chris” Swartz, KBIC CEO Larry Denomie and asst. CEO Sarah Maki.
Michigan Attorney General Bill Schuette
The Michigan Attorney General Michigan Attorney General Bill Schuette’s office was efforting a possible statement even though the long Memorial Day weekend is underway. KBIC has over 3,600 enrolled members and over 1,000 live on the reservation or trust lands.
The tribe accuses state officials of illegally enforcing the Michigan Tobacco Products Tax Act, in “a manner that violates federal and state law and impermissibly restricts the Community’s rights to purchase, sell, and transport tobacco products free from unlawful Michigan tobacco products taxes and free from other unlawful and impermissible seizures and other burdens,” the suit states.
The suit accuses Michigan officials of enforcing the Use Tax Act in a manner that “violates federal and state law and impermissibly restricts the Community’s and Community members’ rights to purchase, lease, rent, use, store, and consume tangible personal property and services free from unlawful Michigan sales and use taxes and free from other unlawful and impermissible burdens.”
A 20-year agreement (1977-1997) between tribes and Michigan over smokes and other tribal tax issues was terminated by the state. That pact covered taxes on cigarettes and gas. After the state terminated the pact, KBIC began to sell tobacco products on reservation and trust land to both natives and non-natives without the state’s tax stamp. That agreement allowed tribal members to purchase many items without paying a state sales tax including cars, trucks, snowmobiles, boats, airplanes, homes and items needed to build a home.
In recent years, tribal members have submitted claims to the state on these items and other concerns like expensive prescriptions. The vast majority of the claims have been rejected, a handful were approved by the state, and others are missing in action, the lawsuit alleges.
The State has entered into tax agreements with 10 of the 12 federally recognized Indian tribes located in Michigan. Agreements have not been reached with Keweenaw Bay Indian Community and the Lac Vieux Desert Band of Lake Superior Chippewa Indians. The burden of collecting and paying taxes on tobacco products is on the tribes – not something that sits well with KBIC officials.
The tribe sites additional hours for several employees each month to accurately determine how much is owed the state. Because the state requires the tribes to purchase cigarettes on which taxes have already been paid, among the duties of the tribe is to file tobacco tax forms – and that allows the state to hold on to tribal monies until the refund paperwork is filed.
U.S. Magistrate Judge Timothy P. Greeley referred the case to a trial judge – the honorable federal judge Robert Holmes Bell – who ruled against the tribe in an earlier lawsuit..
The tribe lost a similar federal tribal rights lawsuit that was filed on March 27, 2008 and decided by the Sixth Circuit U.S. Court of Appeals on June 26, 2009 – as the appeals court upheld a ruling by Judge Bell that stated the court is “entering a judgment in favor of defendants on all of plaintiff’s remaining claims.”
In the 2008 suit, Judge Bell ruled KBIC “has not prevailed on the merits of its claims” and KBIC “is not entitled to permanent injunctive relief.” KBIC even lost its claim to cover attorney’s fees and other costs. However, in its suit, the tribe claims the judge left the door open to return to court depending on appeal’s court rulings on law important to the case.
The tribe is suffering an “economic burden” because the “tribal retailer must wait for tobacco tax refunds and suffers a loss of use of funds during this time period,” Judge Bell stated in his Sept. 2005 opinion on the original lawsuit.
However, Judge Bell ruled that “the state’s interests in collecting the cigarette tax clearly outweighs the tribe’s interests in marketing a tax exemption.”
Judge Bell noted the U.S. Supreme Court has “never approved a tax refund system for Indian cigarette sales” adding “there is no evidence” that the nation’s highest court “has ever considered a refund system such as that used by Michigan.”
“The revenue it derives from the sale of cigarettes to non-Indians comes not from value generated on the reservations but from the marketing of a state tax exemptions,” Judge Bell wrote. The KBIC “sales of untaxed cigarettes also threaten the economic welfare of non-tribal stores in the area that sell cigarettes”
In the early 2,000s, the Michigan State Police Tobacco Tax Team made numerous KBIC related raids in several U.P. Counties seizing thousands of cartons of untaxed smokes at locations that included the tribe’s casinos in Baraga and Harvey, plus the U.S. Postal Service regional distribution center in Kingsford.
The tribe says it will loose millions in revenue. In fact, its no secret that non-native smokers – who are paying high Michigan taxes on cigarettes sold on non-tribal lands – sometimes make special trips to KBIC casinos or to the Pines Convenience Center and Smoke Shop, the tribal convenience store on U.S.-41 in Baraga. The tribe also sells cigarettes at the Rez Stop, a gas station convenience store in L’Anse.
For example, KBIC stated in court documents its 2001 revenues from untaxed cigarettes of nearly $557,000 dropped to $126,000 in 2002. The tribe and state have worked on various ways to resolve the problem including quotas on how many untaxed cigarettes KBIC can sell each year to natives – and not the public.
However those efforts led to additional accusations including that one KBIC member who bought up to 150 cartons of tax-free cigarettes each month and was selling the smokes on the internet. Plus non-native retailers in the area complained to the state treasury department that the tribe had an unfair advantage selling untaxed cigarettes.
One state proposal involved a quota of 3.2 million untaxed cigarettes annually, but the tribe counter put the quota at 8 million individual cigarette sticks. In 2004, the tribe started limiting natives to two cartons per week of untaxed smokes at a cost of $25 per carton, while non-members would pay $30 per carton.
All the defendants are being sued “in official and individual capacities.”
Treasurer Khouri oversees an “agency that administers and enforces the Sales, Use, and Tobacco Products Tax Acts.” The department’s Native American Affairs Specialist Fratzke “is the department official charged with administering, enforcing and applying federal and state laws to Michigan tribes and tribal members as they involve Michigan taxes, including sales, use, and tobacco products taxes..”
MI SOS Johnson “manages and administers programs and services” including the Sales and Use Tax Acts” involving “motor vehicle transactions.” MSP Sgt. Crowley “coordinated, authorized, and executed the seizures of tobacco products” and other KBIC “community property at issue in this action.”
Agreements between the state and tribes are in place with these communities:
https://turtletalk.files.wordpress.com/2009/05/michigan-appellee-brief.pdf
Fletcher is Professor of Law at Michigan State University College of Law and Director of the Indigenous Law and Policy Center. He is the Chief Justice of the Poarch Band of Creek Indians Supreme Court and also sits as an appellate judge for the Pokagon Band of Potawatomi Indians, the Hoopa Valley Tribe, and the Nottawaseppi Huron Band of Potawatomi Indians. He is a member of the Grand Traverse Band of Ottawa and Chippewa Indians, located in Peshawbestown, Michigan. In 2010, Professor Fletcher was elected to the American Law Institute.
The Keweenaw Bay Indian Community sells tobacco at The Pines Convenience Center, a gas station and convenience store in Baraga, Michigan. Photo from Facebook
On Tuesday, 34-year-old Corey Allan Tutor, who has ties to Gogebic County and Ashland, WI, was given an attorney at no cost by U.S. Magistrate Timothy P. Greeley. Appointed to represent Tutor was an unnamed member of the U.S. Public Defender Office in Marquette, MI. The office is headed in Marquette by Asst. U.S. Public Defender Elizabeth LaCosse – who once was a prosecutor in the western U.P.
This is one of several drug teams in the Upper Peninsula that are working to stamp out the methamphetamine problem that has led to countless deaths, plus left hundreds of Yoopers with very hard to beat addictions to meth, and U.P. Breaking News has heard from numerous homeowners who are among those with rental property that got used as meth labs causing millions of dollars of damage to homes across the U.P.
We have left a message for the Kinross Warden – but he has not returned our calls.
Marissa Nicole Sherlock, a non-native, is accused of a Class B federal misdemeanor for allegedly assaulting her boyfriend on June 26, 2016 in Calhoun County “in Indian Country” on “lands held in trust Nottawaseppi Huron Band of Potawatomi Indians.” The tribal lands are located within Calhoun County.
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Even though the nickname of a Detroit drug baron and his wife were brought up several times during the sentencings, one federal official pleaded with U.P. Breaking News not to use the name because “lives are at stake” and suggested a temporary pseudonym be used in news coverage.
LaCosse argue that in federal sentencing guidelines there have long been “powder and crack cocaine disparities” in sentencing – that the judge noted was important because crack is much more addictive and powerful – the cooked base of powdered cocaine.
However, Public Defender LaCosse asked the judge to consider an even lower departure because future sentencing commission edicts are expected to give judges even more desecration, but the retiring judge appeared uninterested in reading the tea leaves.
Prosecutor Lochner said Belcher was “only being held responsible for the drugs he was involved with” and the bottom line is Belcher was “hired to come to the U.P. to sell cocaine Houghton.”
However, LaCosse said Ruth grew up in a life surrounded by criminal “recidivism.” She asked Ruth be given credit for time served as he spent two months in the Houghton County Jail before “the (federal) government took over the case.”
“Her home was a staging point for sales,” Judge Edgar said. “She played a pivotal role making sure the money got down” to Mr and Mrs. Drug Kingpin.
Under an agreement with federal prosecutors, Hatch, Belcher pleaded guilty to count one – felony conspiracy to distribute and possess with intent to distribute heroin and cocaine base.
The trio were ordered to submit to DNA testing and cannot possess firearms, drugs or alcohol, testing and treatment for substance abuse and compete the cognitive behavioral treatment program.
Elizabeth A. LaCosse
Federal Judge R. Allan Edgar
As Upper Peninsula Breaking News was taking photos and video of the suspect’s van – a broken driver’s windshield was obvious. It’s not clear if the cracks are connected to the case.
The victim was laying on the south side of the road along the east bound shoulder.
Seneca versus the state of Michigan: Tax hungry Michigan settles tobacco agreements with 10 of Michigan’s 12 Native American tribes – but two Upper Peninsula tribes says its government creep into tribal business and KBIC tells Michigan to back off 
Reacting to the threat of possible criminal charges and claiming its being coerced by the state, the tribe recently filed a 20-count, 60-page federal tribal rights lawsuit against four state officials in charge of enforcing and collecting taxes for cigarette sales and more.
The suit names sev
The tribe says it will loose millions in revenue. In fact, its no secret that non-native smokers – who are paying high Michigan taxes on cigarettes sold on non-tribal lands – sometimes make special trips to KBIC casinos or to the Pines Convenience Center and Smoke Shop, the tribal convenience store on U.S.-41 in Baraga. The tribe also sells cigarettes at the Rez Stop, a gas station convenience store in L’Anse.
Upper Peninsula Breaking News by Greg Peterson 
