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Case 2:20-cr-00002-DLC Document 2 Filed 01/22/20 Page 1 of 5

FIL
RYAN G. WELDON
JAN 2 2 2020
Assistant U.S. Attorney
U.S. Attorney's Office Clerk, U.S. District Court
D1stnct Of Montana
P.O. Box 8329 Missoula

Missoula, MT 59807
105 E. Pine, 2nd Floor
Missoula, MT 59802
Phone: (406) 542-8851
FAX: (406) 542-1476
E-mail: [email protected]

ATTORNEY FOR PLAINTIFF


UNITED STATES OF AMERICA

IN THE UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF MONTANA
BUTTE DIVISION

UNITED STATES OF AMERICA, CR20- ~ -BU- t)L C--,

, Plaintiff, INDICTMENT

vs. WIRE FRAUD


(Counts I-XV)
Title 18 U.S.C. § 1343
ANNA MICHELLE NILES,
(Penalty: 20 years imprisonment, $250,000
fine, and three years of supervised release)
Defendant.

THE GRAND JURY CHARGES:

INTRODUCTION

At all times relevant to this indictment:

The defendant, ANNA MICHELLE NILES, performed bookkeeping and

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Case 2:20-cr-00002-DLC Document 2 Filed 01/22/20 Page 2 of 5

accounting services for Cresent Cross, LLP, Clair W. Daines, Inc., Genesis

Partners, LLC, Bitterroot Turf Farm, Inc., and other related business entities.

While performing those services, the defendant, ANNA MICHELLE NILES,

embezzled from those business entities by diverting funds through checks, stealing

cash, claiming leave she was not entitled to obtain, receiving unauthorized 401(k)

loan payments, and using business credit cards on personal expenses, none of

which was authorized. The investigation has shown that the defendant, ANNA

MICHELLE NILES, embezzled approximately $433,018.80 from the above

business entities.

COUNTS I-XV - WIRE FRAUD

That in or about 2009, and continuing thereafter until in or about 2018, at

Bozeman, in Gallatin County, in the State and District of Montana, and elsewhere,

the defendant, ANNA MICHELLE NILES, having devised and intending to devise

a material scheme and artifice to defraud, and for obtaining money and property by

means of false and fraudulent pretenses, representations, and promises, for the

purpose of executing such scheme and artifice, knowingly transmitted and caused

to be transmitted by means of wire communication, in interstate and foreign

commerce, writings, signs, signals, pictures, and sounds for the purpose of

executing such scheme and artifice.

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Case 2:20-cr-00002-DLC Document 2 Filed 01/22/20 Page 3 of 5

MANNER AND MEANS

The defendant, ANNA MICHELLE NILES, used her status as a long-time

trusted employee with multiple companies to gain access to the companies' books,

funds, and ultimately defrauded them.

The defendant, ANNA MICHELLE NILES, intercepted and stole cash rental

payments from Cresent Cross, LLP. To conceal the stolen funds, the defendant,

ANNA MICHELLE NILES, wrote and obtained checks made payable from other

company accounts to Cresent Cross, LLP. The defendant, ANNA MICHELLE

NILES, led the other companies to believe they owed money to Cresent Cross,

LLP, when in truth and in fact, no such business debts were owed. This scheme

allowed the defendant, ANNA MICHELLE NILES, to cover her stealing of the

cash deposits from Cresent Cross, LLP, because it did not appear as if Cresent

Cross, LLP, lost as much revenue.

The defendant, ANNA MICHELLE NILES, used her access to payroll

systems to secure unearned pay to herself and use funds to repay loans she owed to

her 401 (k). The defendant, ANNA MICHELLE NILES, therefore received

unauthorized and excessive leave pay and unauthorized and unapproved 401(k)

loan payments.

The defendant, ANNA MICHELLE NILES, used company credit cards and

credit accounts to purchase personal items at Story Distributing, Murdocks, and

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Case 2:20-cr-00002-DLC Document 2 Filed 01/22/20 Page 4 of 5

Staples, none of which was authorized.

As a result, the defendant, ANNA MICHELLE NILES, embezzled and stole

approximately $433,018.80 from Cresent Cross, LLP, Clair W. Daines, Inc.,

Genesis Partners, LLC, and Bitterroot Turf Farm, Inc.

THE INTERSTATE AND FOREIGN WIRE COMMUNICATIONS

During the period of the indictment, it was part of the scheme and artifice to

defraud that the defendant, ANNA MICHELLE NILES, having devised and

intending to devise a material scheme and artifice to defraud, and for obtaining

money and property by means of false and fraudulent pretenses, representations,

and promises, as described herein, and for the purpose of executing the scheme to

defraud, knowingly transmitted and caused to be transmitted by means of wire

communication in interstate and foreign commerce, writings, signs, signals,

pictures, and sounds for the purpose of executing such scheme and artifice, that is,

checks as identified in the table below, which travelled to and from Bozeman, in

Gallatin County, in the State and District of Montana, and elsewhere, to and from

Minneapolis, Minnesota, in the District of Minnesota, and elsewhere, all in

violation of 18 U.S.C. § 1343.

Count Date Company Check Amount


Number
I 3/16/15 Clair W. Daines, Inc. 57198 $8,515.00
II 8/10/15 Clair W. Daines, Inc. 57469 $8,750.00

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Case 2:20-cr-00002-DLC Document 2 Filed 01/22/20 Page 5 of 5

Count Date Company Check Amount


Number
III 9/1/15 Clair W. Daines, Inc. 57625 $8,834.00
IV 10/01/15 Clair W. Daines, Inc. 57870 $4,845.00
V 4/21/16 Clair W. Daines, Inc. 58494 $1 ,575 .00
VI 4/27/16 Clair W. Daines, Inc. 58493 $7,225.00
VII 6/27/ 16 Clair W. Daines, Inc. 58491 $8,435.00
VIII 8/24/16 Clair W. Daines, Inc. 58687 $9,290.00
IX 12/22/16 Clair W. Daines, Inc. 59118 $9,200.00
X 1/19/17 Clair W. Daines, Inc. 59312 $62.44
XI 3/1/17 Genesis Partners, LLC 2263 $1,025.00
XII 8/11/17 Bitterroot Turf Farms, Inc. 12525 $1,125.00
XIII 8/30/17 Genesis Partners, LLC 2394 $2,100.00
XIV 10/3/17 Bitterroot Turf Farms, Inc. 12591 $2,100.00
xv 10/3/ 17 Clair W. Daines, Inc. 59856 $3,700.00

A TRUE BILL.
Foreperson signature redacted. Original document filed under seal.

~ 1
United States Attorney

Criminal Chief Assistant U.S. Attorney

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