Case 9:20-cr-00012-DWM Document 22 Filed 07/15/20 Page 1 of 5

TIMOTHY J. RACICOT
Assistant U.S. Attorney
U.S. Attorney’s Office
P.O. Box 8329
Missoula, MT 59807
105 E. Pine, 2d Floor
Missoula, MT 59802
Phone: (406) 542-8851
FAX: (406) 542-1476
Email: Tim.Racicot2@usdoj.gov

ATTORNEY FOR PLAINTIFF

UNITED STATES OF AMERICA

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

UNITED STATES OF AMERICA, CR 20-12-M-DWM

Plaintiff, OFFER OF PROOF IN SUPPORT

OF GUILTY PLEA
vs.

JOHANNA ESTELLA CLARK,

Defendant.

Defendant Johanna Estella Clark has filed a plea agreement that

contemplates her plea of guilty to count 1 of the indictment in this case, which

charges wire fraud in violation of 18 U.S.C. § 1343. Her plea of guilty will be

unconditional.

The United States presented all formal plea offers in writing. The plea

agreement entered into by the parties and filed with the Court, in the government’s
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view, represents the most favorable offer extended to the defendant. See Missouri

v. Frye, 132 S.Ct. 1399 (2012).

Elements. In order to prove the case against Clark at trial, the United

States would have to prove the following elements beyond a reasonable doubt.

First, she knowingly devised a scheme or plan to defraud, or a scheme or

plan for obtaining money or property by means of false or fraudulent pretenses,

representations, promises, or omitted facts;

Second, the statements made or facts omitted as part of the scheme were

material; that is, they had a natural tendency to influence, or were capable of

influencing, a person to part with money or property;

Third, she acted with the intent to defraud, that is, the intent to deceive and

cheat; and

Fourth, she used, or caused to be used, an interstate wire communication to

carry out or attempt to carry out an essential part of the scheme.

Proof. If called upon to prove this case at trial, and to provide a factual

basis for Clark’s plea, the United States would present the following evidence.

Clark worked for the Flathead Joint Board of Control (“FJBC”) from 2013

until May 2017. During those years, the FJBC was a government-owned and

operated organization that represented approximately 2,400 irrigators in the

Flathead, Mission and Jocko Valleys. The FJBC was made up of 12 elected

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board members and one full-time employee.

Clark was the only full-time employee at the FJBC when she started in 2013.

She initially served as the Executive Administrative Assistant, but eventually

became the Executive Manager and assumed duties as the Legislative Liaison and

Public Relations Specialist. Clark was entrusted with the authority to make

financial decisions for the FJBC and had sole access to the FJBC’s Quickbooks

accounting program. In addition, Clark had control of multiple bank cards

belonging to the FJBC, and had signature stamps for all the board members, which

she could use to issue checks.

In August 2014, Clark began making personal charges on three of the

FJBC’s credit cards, which she continued to do until shortly before her

employment was terminated in May 2017. The charges resulted in wire

communications across state lines. Count 1 of the indictment represents Clark’s

purchase of furniture on November 15, 2015, in the amount of $1,733.98. Other

purchases include a calving pen for $3,450, a guitar and accessories for $1,150,

and tires for a personal vehicle for $2,000.

Clark attempted to mislead investigators concerning her fraud by drafting a

memorandum with signatures of certain FJBC board members that appeared to

authorize her to charge personal expenses to FJBC’s bank cards. Investigators

determined that Clark likely used the board members’ signature stamps to sign the

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memo, and the board members either denied or could not recall giving her

permission to use Board funds for personal expenses.

The total loss, according to a report prepared by a certified public accountant

at the request of the FJBC, is $221,222.26.

The government submits that the aforementioned evidence would prove

beyond a reasonable doubt all the elements of the crime charged in count 1 of the

indictment.

Respectfully submitted this 15th day of July, 2020.

KURT G. ALME
United States Attorney

/s/ Timothy J. Racicot

Assistant U.S. Attorney
Attorney for Plaintiff

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CERTIFICATE OF SERVICE

I hereby certify that on July 15, 2020, a copy of the foregoing document was

served on the following persons by the following means:

(1,2) CM/ECF
() Hand Delivery
() U.S. Mail
() Overnight Delivery Service
() Fax
() E-Mail

1. Clerk, U.S. District Court

2. Andrew J. Nelson
Assistant Federal Defender
Federal Defenders of Montana
125 Bank Street, Suite 710
Missoula, MT 59802

/s/ Timothy J. Racicot

Assistant U.S. Attorney
Attorney for Plaintiff