Case 9:20-cr-00012-DWM Document 2 Filed 02/26/20 Page 1 of 6
TIMOTHY J. RACICOT
Assistant U.S. Attorney
U.S. Attorney's Office
P.O. Box 8329
Missoula, MT 59807
105 E. Pine, 2d Floor
Missoula, MT 59802
Phone: (406) 542-8851
Fax: (406) 542-1476
E-mail: Tim.Racicot2@usdoj.gov
ATTORNEY FOR PLAINTIFF
UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
UNITED STATES OF AMERICA, cR 20- 12 -M- bwt1
Plaintiff, INDICTMENT
vs. WIRE FRAUD (Counts 1-13)
Title 18 U.S.C. § 1343
(Penalty: 20 years imprisonment, $250,000
JOHANNA ESTELLA CLARK,
fine, and three years supervised release)
Defendant. BANK FRAUD (Counts 14-15)
Title 18 U.S.C. § 1344(2)
(Penalty: 30 years imprisonment,
$1,000,000 fine, and five years supervised
release)
AGGRAVATED IDENTITY THEFT
(Counts 16-17)
Title 18 U.S.C. § 1028A(a)(l)
(Penalty: Mandatory minimum two years
imprisonment, consecutive to the predicate
felony, $250,000 fine, and one year
supervised release)
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Case 9:20-cr-00012-DWM Document 2 Filed 02/26/20 Page 2 of 6
THE GRAND JURY CHARGES:
WIRE FRAUD- COUNTS 1-13
THE SCHEME TO DEFRAUD
Beginning in approximately May of 2014, and continuing until May of 2017,
at St. Ignatius, within Lake County, in the State and District of Montana and the
Flathead Indian Reservation, and elsewhere, the defendant, JOHANNA ESTELLA
CLARK, with the intent to defraud, knowingly devised a scheme and plan to
defraud, and for obtaining money by means of material false and fraudulent
pretenses, representations, promises, and omitted facts, and in doing so caused wire
communications to be transmitted in interstate commerce.
To execute the scheme and plan to defraud, the defendant, JOHANNA
ESTELLA CLARK, then the Executive Administrative Assistant for the Flathead
Joint Board of Control ("FJBC"), used multiple credit cards belonging to and
drawing on the accounts of the FJBC, without the organization's knowledge or
consent.
INTERSTATE WIRES
On or about the dates in the table below, at St. Ignatius, in Lake County, in
the State and District of Montana and the Flathead Indian Reservation, and
elsewhere, the defendant, JOHANNA ESTELLA CLARK, for the purpose of
executing the aforementioned scheme and plan to defraud, and for obtaining
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Case 9:20-cr-00012-DWM Document 2 Filed 02/26/20 Page 3 of 6
money by means of material false and fraudulent pretenses, representations,
promises, and omitted facts, caused to be transmitted in interstate commerce wire
communications, as outlined in the table below, in violation of 18 U.S.C. § 1343.
Count Date Transaction Amount
1 11/25/2015 Purchase of two six-drawer beds using credit $1,733.98
card ending in 1183
2 11/25/2015 Purchase of a foam mattress using credit card $2,449.00
ending in 1183
3 12/9/2015 Purchase of a calving pen using credit card $3 ,450.00
ending in 1183
4 10/10/2016 Purchase of silver coins using credit card $2,151.00
ending in 1183
5 1/31/2017 Purchase of a guitar and accessories using $1,151.57
credit card ending in 1183
6 5/5/2015 Purchase of a Nikon lens using credit card $1,551.99
ending in 73 3 5
7 5/18/2015 Purchase of a Nikon lens using credit card $1,419.98
ending in 73 3 5
8 11/8/2015 Purchase of furniture using credit card ending $1,849.00
in 7335
9 11/19/2015 Repairs and parts for 2005 Dodge pickup $1,925.94
using credit card ending in 7335
10 3/14/2016 Purchase of signs reading "HD-93 Clark for $502.26
House Representative" using credit card
ending in 7335
11 6/24/2016 Purchase of round bailer parts using credit $1,474.99
card ending in 73 3 5
12 7/29/2016 Purchase from Les Schwab Tire Center using $2,000.00
credit card ending in 7335
13 1/2/2017 Purchase of Lexar Pro Rescue 5 software and $3 ,537.60
Canon 5 ds digital SLR camera using credit
card ending in 73 3 5
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Case 9:20-cr-00012-DWM Document 2 Filed 02/26/20 Page 4 of 6
BANKFRAUD-COUNTS 14, 15
Beginning in approximately June of 2014, and continuing until May of 2017,
at St. Ignatius, within Lake County, in the State and District of Montana and the
Flathead Indian Reservation, and elsewhere, the defendant, JOHANNA ESTELLA
CLARK, with the intent to defraud, knowingly executed and attempted to execute
a scheme and artifice to obtain any of the moneys, funds, credits, assets, securities,
and other property owned by, and under the custody and control of, Glacier Bank,
a financial institution whose deposits were insured by the Federal Deposit
Insurance Corporation, by means of false or fraudulent pretenses, representations,
and promises.
To execute the scheme and artifice, the defendant, JOHANNA ESTELLA
CLARK, wrote checks to herself drawn on the FJBC's checking accounts, applied
the signature stamps ofFJBC board members, without the knowledge or consent of
the FJBC or those members, and deposited the checks into her personal bank
account.
FORGED CHECKS
On or about the dates in the table below, in Flathead and Lake Counties, in
the State and District of Montana and the Flathead Indian Reservation, the
defendant, JOHANNA ESTELLA CLARK, for the purpose of executing the
aforementioned scheme and artifice, presented checks drawn on the FJBC's
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Case 9:20-cr-00012-DWM Document 2 Filed 02/26/20 Page 5 of 6
Glacier Bank account for deposit into her personal account ending in 5770, in
violation of 18 U.S.C. § 1344(2).
Count Date Transaction Amount
14 7/1412016 Deposit of warrant #8894 into Clark's $1,676.00
personal bank account ending in 5770
15 12121/2016 Deposit of warrant #8970 into Clark's $1 ,652.12
personal bank account ending in 5770
AGGRAVATED IDENTITY THEFT - COUNT 16
On or about July 14, 2016, at Ronan, within Lake County, in the State and
District of Montana and the Flathead Indian Reservation, the defendant,
JOHANNA ESTELLA CLARK, did knowingly use, without lawful authority, a
means of identification of another person, the names of F JBC board members,
during and in relation to a felony violation of 18 U.S .C. § 1344(2), bank fraud, as
charged in count 14 of this indictment, in violation of 18 U.S.C. § 1028A(a)(l).
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
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Case 9:20-cr-00012-DWM Document 2 Filed 02/26/20 Page 6 of 6
AGGRAVATED IDENTITY THEFT - COUNT 17
On or about December 21, 2016, at Kalispell, within Flathead County, in the
State and District of Montana, the defendant, JOHANNA ESTELLA CLARK, did
knowingly use, without lawful authority, a means of identification of another
person, the names of FJBC board members, during and in relation to a felony
violation of 18 U.S.C. § 1344(2), bank fraud, as charged in count 15 of this
indictment, in violation of 18 U.S.C. § 1028A(a)(l).
A TRUE BILL.
Foreperson Signature Redacted. Original document
filed under seal.
Criminal Chief Assistant U.S. Attorney
