Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Missoula, on October 27, 2009, before U.S. Magistrate Judge Jeremiah C. Lynch, the following individuals were arraigned:

KENDRICK MICHAEL SMITH, a resident of Helena, appeared on a charge of robbery involving controlled substances. He is currently detained. If convicted of this charge, SMITH faces possible penalties of 25 years in prison, a $250,000 fine and 5 years supervised release. Assistant U.S. Attorney Tara J. Elliott is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.

KELLY L. FOX, a 44-year-old resident of Kalispell, appeared on a charge of embezzlement by a bank employee. FOX is currently released on special conditions. If convicted of this charge, FOX faces possible penalties of 30 years in prison, a $1,000,000 fine and 5 years supervised release. Assistant U.S. Attorney Tara J. Elliott is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.

The defendants pled not guilty to the charges.

The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.

 

 

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