Huston sentenced to 41 months in prison

It took U.S. District Court Judge Brian Morris less than two hours Monday afternoon in federal court in Great Falls to sentence Shad Huston to 3 1/2 years in federal prison.

Huston, who has admitted to being involved in numerous bribery and embezzlement scams involving money intended for the people of Rocky Boy’s Indian Reservation, was sentenced to 41 months for bribery, failure to file currency transaction reports and false claims act conspiracy.

Huston was also ordered to pay a total restitution of $500,000. All restitution will go to the tribe, Morris said, referring to the Chippewa Cree Tribe of Rocky Boy’. Morris also ordered Huston to enroll in an alcohol treatment program.

Huston’s attorney, Anthony Gallagher, pointed out, after answering that the defense had no witnesses, that Huston’s parents, a “friend from Havre,” and pastor Mark Schultz from St. Paul Lutheran Church in Havre, were in the courtroom for support.

Gallagher argued, after a lengthy sidebar near the beginning of the trial — where all the involved parties discussed details of the case without the public’s hearing — that the government’s recommendation was too harsh.

“It’s been a long process. Shad Huston admits he did wrong,” Gallagher started, before adding that the government was asking for a sentence that was “mathematically” and “philosophically” wrong.

The government, led by U.S. Attorney Ryan Weldon, recommended a 50-month prison sentence for Huston’s crimes.

“The government has moved the goal post,” Gallagher said, adding that the government’s sentencing commission decided to give harsher sentences for white-collar crimes sometimes in the late ’80s without any “empirical evidence” to suggest it was good for the violator and society alike.

Gallagher then rapped off a list of metaphors to help Morris understand Huston wasn’t as bad as Belcourt or Eastlick, or even Bruce Sunchild.

Gallagher said Huston acted as a “chauffeur;” he was “driving the bus;” he was a “conduit;” he was “a pipeline,” but, as Gallagher was quick to point out, Huston was not putting stuff in the pipeline.

Gallagher also said Huston had cooperaed with the government.

“Shad Huston is a good man who made mistakes. … We ask the court for a sentence of no more than 18 months,” Gallagher said.

Gallagher said Huston’s involvement was lesser than that of Tim Rosette, who, Gallagher reminded Morris, received 38 months prison time.

Morris asked Huston if he wanted to address the court. Huston, who was standing by the podium, moved the microphone aside and motioned to his attorney. Gallagher then declined on Huston’s behalf, telling the court that Huston was an emotional person and everything he wanted to say was in a letter Huston had submitted to the court. Morris said he had read the letter, but he did not read it out loud during the sentencing hearing.

Morris addressed Gallagher’s “driving the bus” analogy, saying, “The principals couldn’t have accomplished a lot of their crimes without Mr. Huston.”

Morris pointed out that, unlike Rosette, whose main involvement was in one aspect of the multiple schemes embezzling federal money, Huston was involved in many different scams.

Morris, aligning with another of Gallagher’s metaphors, said, “Mr. Huston didn’t serve as a pipeline with no benefit to himself.”

Gallagher defended his client, telling the court why Huston had participated in the scams. He said Huston was trying to “get back on his feet,” and he was in a dire situation, partly because the tribe had failed to pay him for legitimate services Huston had provided before he got involved in the scams.

Morris said Huston’s name had come up in every other case involving the scandals.

“His name is always there,” Morris said,.

Morris then told the court where he placed Huston among the many parties who contributed to the numerous bribery and embezzlement scandals. Former state Rep. Tony Belcourt, head of the tribe’s construction company during the corruption was first, and he was sentenced to 90 months; psychologist James Howard Eastlick Jr. was second, and he was sentenced to 72 months; tribal council member John “Chance” Houle was third, and he was sentenced to 68 months.

Morris said Huston was next because many of the scams couldn’t have been accomplished without his cooperation.

Weldon agreed, saying, “Mr. Huston was up to his eyeballs” in the scams.

Before announcing Huston’s sentence, Morris said it was never easy to give prison time, and it was especially true now. He said he had gotten to know Huston and he believed Huston had changed since these hearings began three years ago. He added that he was also taking into consideration Huston’s lack of criminal history and his cooperation with the government.

But, he had to do what was just, Morris said, adding that he had an obligation to protect the community and an obligation to communicate deterrence to others so they may not “take money out of the hands of people actually in need of it.”

“I wish you good luck. I hope you continue to straighten your life out,” Morris said, after sentencing Huston and telling him he will be expected to turn himself in.

Weldon, who seemed pleased with the sentence, said after the hearing that the government has a policy of not talking to the media and offered no comment.

Huston’s parents also declined to comment.