FOR IMMEDIATE RELEASE
Monday, October 15, 2007
WAYNE HARVEY WEISMAN SENTENCED IN U.S. DISTRICT COURT
Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Missoula, on October 15, 2007, before Judge William F. Downes, Chief Judge for the District of Wyoming, who was presiding for U.S. District Court Judge Donald W. Molloy, WAYNE HARVEY WEISMAN, a 51-year-old resident of Kalispell, appeared for sentencing. WEISMAN was sentenced to a term of:
- Probation: 5 years
- Special Assessment: $100
- Restitution: $40,173.59
WEISMAN was sentenced in connection with his guilty plea to participating in a conspiracy to commit wire fraud.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
Beginning in approximately September of 1999, and continuing until at least April 2, 2002, several individuals, including WEISMAN and Thomas Edward Fitzpatrick, were involved in a conspiracy to alter vehicle identification numbers, receive vehicles or vehicle parts with altered identification numbers, or commit wire fraud.
WEISMAN was involved in the portion of the conspiracy involving wire fraud. He participated in an "owner give-up" of two vehicles, a 2001 blue and silver Dodge Ram pickup truck and a 2001 Wildwood travel trailer.
On November 27, 2001, WEISMAN, after meeting with another individual and discussing the possibility of surrendering his vehicles, traveled with this individual to Spokane, Washington, where WEISMAN filed a false police report alleging that the vehicles had been stolen. WEISMAN had earlier provided the vehicles to this individual in the Kalispell area.
Also on November 27, 2001, WEISMAN transmitted a wire communication in interstate commerce by calling a 1-800 telephone number and filing a claim with Allstate Insurance Company, in the amount of approximately $29,610.
On January 7, 2002, WEISMAN received insurance payments of $6,995.08 and $1,748.77; and on January 9, 2002, he received another payment of $450.
On November 10, 2002, Flathead County Sheriff's officers executed a search warrant at Thomas Edward Fitzpatrick's M&T Auto Body property and the residence of the individual referred to above. At Fitzpatrick's property, officers recovered the frame to WEISMAN'S 2001 blue and silver Dodge Ram pickup truck.
WEISMAN was interviewed by law enforcement on June 11, 2004, and admitted that the Dodge truck and Wildwood travel trailer were not stolen. He acknowledged providing the vehicles to another individual in an owner give-up, filing false police reports and false insurance claims, and receiving payments as a result of those claims.
Fitzpatrick pled guilty to federal charges and is awaiting sentencing.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that WEISMAN will likely serve all of the time imposed by the court. In the federal system, WEISMAN does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
Assistant U.S. Attorney Timothy J. Racicot prosecuted the case for the United States.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Flathead County Sheriff's Office.
