Skip to page content
Office of Labor-Management Standards
Bookmark and Share

Office of Labor-Management Standards (OLMS)

District of Montana




(For Offenses Committed On or After November 1, 1987)


Case Number: CR 03-95-BLG-RFC-01
Defendant's Attorney David Duke


[X] Pleaded guilty to count(s) 1 and 2

[ ] pleaded nolo contendere to count(s)____ which was accepted by the court.

[ ] was found guilty on count(s) ____ after a plea of not guilty.

ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense(s):

Title & Section

Nature of Offense

Date Offense

Count Number(s)


Embezzlement/Theft of
government property




Fraud and false statements



The defendant is sentenced as provided in pages 2 through 5 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.

[ ] The defendant has been found not guilty on count(s) ____

[ ] Count(s) ____ [ ] is [ ] are dismissed on the motion of the United States.

It is ordered that the defendant must notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution, the defendant must notify the court and United States Attorney of material changes in economic circumstances.

December 30, 2003
Date of Imposition of Judgment

Signature of Judicial Officer

Richard F. Cebull, U.S. District Judge
Name & Title of Judicial Officer

December 31, 2003

Defendant's Soc. Sec. No.:

Defendant's Date of Birth:

Defendant's USM No.:

Defendant's Residence Address:


Defendant's Mailing Address:



The defendant shall pay the following total criminal monetary penalties in accordance with the schedule of payments set forth on Sheet 5, Part B.









[ ] The determination of restitution is deferred until _____. An amended Judgment in a Criminal Case (A0245C) will be entered after such determination.

[X] The defendant shall make restitution (including community restitution) to the following payees in the amount listed below.

If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless specified otherwise in the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all nonfederal victims must be paid in full prior to the United States receiving payment.

Name of Payee

Amount of Loss

Amount of
Restitution Ordered

Priority Order
or Percentage
of Payment

See page 3 of this Judgment








[ ] If applicable, restitution amount ordered pursuant to plea agreement $________

[ ] The defendant shall pay interest on any fine or restitution of more than $2,500, unless the fine or restitution is paid in full before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 5, Part B may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).

[X] The court determined that the defendant does not have the ability to pay interest, and it is ordered that:

    [X] the interest requirement is waived for the [ ] fine and/or [X] restitution.
    [ ] the interest requirement for the [ ] fine and/or [ ] restitution is modified as follows:

* Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18, United States Code, for offenses committed on or after September 13, 1994 but before April 23, 1996.


Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties shall be due as follows:

  1. [X] Lump sum payment of $200.00 due immediately, balance due

    [ ] not later than ____ , or
    [X] in accordance with [ ] C, [ ] D, or [X] E below; or

  2. [ ] Payment to begin immediately (may be combined with [ ] C, [ ] D, or [ ] E below); or

  3. [ ] Payment in ____(e.g., equal, weekly, monthly, quarterly) installments of $____ over a period of ____(e.g., months or years), to commence ____ (e.g., 30 or 60 days) after the date of this judgment; or

  4. [ ] Payment in ____(e.g., equal, weekly, monthly, quarterly) installments of $____ over a period of ____(e.g., months or years), to commence ____ (e.g., 30 or 60 days) after release from imprisonment to a term of supervision; or

  5. [X] Special instructions regarding the payment of criminal monetary penalties:

    See page 3 of this Judgment.

Unless the court has expressly ordered otherwise in the special instruction above, if this judgment imposes a period of imprisonment, payment of criminal monetary penalties shall be due during the period of imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to the clerk of the court, unless otherwise directed by the court, the probation officer, or the United States attorney.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

[ ] Joint and Several Defendant Name, Case Number, and Joint and Several Amount:

[ ] The defendant shall pay the cost of prosecution.

[ ] The defendant shall pay the following court cost(s):

[ ] The defendant shall forfeit the defendant's interest in the following property to the United States:

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) community restitution, (6) fine interest (7) penalties, and (8) costs, including cost of prosecution and court costs.