FOR IMMEDIATE RELEASE
Thursday, July 03, 2008
WYATT RICHARD STOKES 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 Great Falls, on July 1, 2008, before U.S. District Judge Sam E. Haddon, WYATT RICHARD STOKES, a 34-year-old resident of Conrad, appeared for sentencing. STOKES was sentenced to a term of:
- Prison: 36 months
- Restitution: $246,796.25
- Supervised Release: 3 years
STOKES was sentenced in connection with his guilty plea to bankruptcy fraud.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
In February of 2002, STOKES filed for Chapter 13 bankruptcy. His Chapter 13 plan was confirmed on October 1, 2002, and he received his discharge on September 8, 2005. Just before the bankruptcy trustee filed STOKES' discharge with the bankruptcy court, the owner of Bouma Truck Sales informed the trustee that STOKES had been working for him and he suspected that STOKES had concealed income from the trustee. Documentation provided by Bouma Truck Sales showed STOKES earned $218,076.55 from December 2003 through December 2005.
STOKES indicated on his bankruptcy schedules that his gross income was $1,500/month and his spouse's was $1,853/month. Based on this reported income, the trustee arranged STOKES' Chapter 13 Plan to include $200 monthly payments for 40 months. The trustee stated that he made it very clear in writing and verbally that STOKES was required to report any significant change in income so his payment plan could be amended if necessary. The trustee also explained that he had no knowledge of STOKES' employment with Bouma Truck Sales until the owner spoke to him in 2005.
The owner of Bouma Truck Sales specifically stated that STOKES worked for him from December 2003 through December 2005. The owner produced monthly payment records and 2004 and 2005 W-2's to confirm STOKES' earnings.
When STOKES was confronted with records of his income, he confessed to knowing he had an obligation to report his additional earnings and that he intentionally concealed his income checks from the trustee.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that STOKES will likely serve all of the time imposed by the court. In the federal system, STOKES 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 Ryan M. Archer prosecuted the case for the United States.
The investigation was conducted by the U.S. Secret Service.
