NEWS RELEASE
FOR IMMEDIATE RELEASE:
Thursday, October 12, 2006

CONTACT: Kurt Alme
Assistant U.S. Attorney for the
District of Montana
(406) 247-4669

SEAN RUSSELL FOSTER PLEADS GUILTY IN U.S. FEDERAL COURT

Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Great Falls on October 12, 2006, before U.S. District Judge Sam E. Haddon, SEAN RUSSELL FOSTER, a 29-year-old resident of Lewistown, pled guilty to possession of a firearm by a person subject to a restraining order. Sentencing is set for January 29, 2007. He is currently released on special conditions.

In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:

On August 9, 2004, in Glasgow, a permanent restraining order was issued against FOSTER.

Approximately seven months later, on March 9, 2005, FOSTER attempted to purchase a .357 magnum caliber revolver at a sporting goods store in Lewistown.

An employee of the store contacted the Federal Bureau of Investigation (FBI) National Instant Criminal Background Check System (NICS) to determine whether FOSTER was allowed to purchase a firearm. At the same time, FOSTER completed a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) form in order to effectuate the purchase the firearm.

One of the questions on the ATF form asked whether the person was "subject to a court order restraining you from harassing, stalking, or threatening your child or an intimate partner or child of such partner." FOSTER wrote "NO," in the answer box. Another question asked whether the person had ever "been convicted in any court of a misdemeanor crime of domestic violence?" FOSTER wrote "NO," in the answer box.

FOSTER'S application was delayed three days by the FBI's NICS system. As such, FOSTER did not take possession of the handgun on March 9, 2005. However, on March 15, 2005, FOSTER returned to the store and purchased the firearm.

On March 23, 2005, an ATF agent received and reviewed the documents pertaining to FOSTER. The agent concluded that FOSTER was likely prohibited from possessing a firearm. Accordingly, the agent sent FOSTER a letter requesting FOSTER to contact him to discuss his status and to determine alternatives for lawfully disposing of the firearm. Accompanying the letter was an acknowledgment form allowing FOSTER to admit that he was, in fact, prohibited from carrying a firearm and wished to transfer it to a lawful third party.

On March 24, 2005, FOSTER contacted the agent by phone to ask about the letter and acknowledgment form. During the phone conversation, the agent conducted a brief non-custodial interview whereby FOSTER advised him that he knew he was subject to a restraining order; that he knew that it was in effect without an expiration date; and, that he was aware when he filled out the ATF form that he was subject to a restraining order.

The phone conversation confirmed that FOSTER was prohibited from carrying a firearm and that he needed to find a way to lawfully divest himself of the firearm immediately.

On April 7, 2005, FOSTER mailed the acknowledgment form to the agent whereby he admitted he was aware of his prohibition. The form further advised that FOSTER had turned the firearm over to his father.

On August 9, 2005, the agent interviewed FOSTER at FOSTER'S home whereby FOSTER made admissions pertaining to his possession of the firearm while being subject to a court ordered restraining order.

FOSTER faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.

Assistant U.S. Attorney Anna S. Peckham prosecuted the case for the United States.

The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

A copy of the Offer of Proof can be obtained by contacting Sally Frank at (406) 247-4638.