- Criminal Defense
- Sex CrimesSpread Education and Awareness of Trafficking and Report Suspected Trafficking We can educate ourselves and others, and we can help to increase awareness of the problem in our communities. It is essential to understand what makes a person vulnerable. Regardless of where you live, anyone can be a trafficking victim. Those at most risk include immigrant women, runaways, people who are homeless, those with drug or alcohol addictions, kids in the foster system, those with mental health issues, LGBTQ youth (especially boys), and physical and sexual assault victims. Interviews with pimps reveal one targeted quality – a lack of confidence. One pimp explained that he would approach a young girl and tell her she was beautiful, and if she looked him in the eye and responded confidently, he moved on to another victim. If she blushed, said she wasn't beautiful, or seemed overly flattered, he would continue to talk to her.
- Drug CrimesTHE HUMAN TRAFFICKING EPIDEMIC Human trafficking is, unfortunately, one of the most profitable and popular crimes in the world. Globally, it equals arms trafficking as the second-largest criminal industry – behind only drug trafficking. Unlike drugs, humans are renewable resources, capable of being used and abused repeatedly, so it is an attractive criminal enterprise for those with little regard for others' suffering. Human trafficking is a $150 billion a year industry with as many as 40 million people around the world living in slavery, either as sex slaves or forced laborers. These numbers are merely estimates. That's more people living in slavery in 2020 than ever before in human history. That number does not include survivors. While trafficking comes in many forms – from child soldiers to sex tourism, most experts agree that most of the global human trafficking involves sex trafficking. Around two-thirds of the worldwide trafficking industry – or about $100 billion – is from sexual exploitation, with the remaining $50 billion from labor trafficking, debt bondage, and other trafficking. You can find trafficking in every country around the globe. The US State Department's Trafficking in Persons Report from June 2019 ranked the United States in the top three for nations of origin for victims – alongside Mexico and the Philippines.
- Assault
- ProstitutionWHAT SEX TRAFFICKING LOOKS LIKE IN THE UNITED STATES Sex trafficking and sex slavery are federal crimes in the United States, and they have been prohibited under section 1591 of title 18 of the US Code since 2000. Section 1591 makes it a felony to cause anyone under 18 years old or anyone else by means of force, fraud, or coercion to engage in a commercial sex act. Before that, the federal Mann Act from 1910, sections 2421-2424 title 18 of the US Code, made it a felony to transport a victim in interstate commerce for illegal sexual activity. In addition to a federal crime, it is also a state crime, typically prosecuted under sex trafficking, sex slavery, prostitution, and pimping statutes. Sex trafficking crimes come in many forms. The illicit massage industry, for example, is one type of domestic sex trafficking, and it has global origins. According to the Polaris Project, there are more than 9,000 IMBs currently operating in the United States. Many of the women working in those IMBs are current or former trafficking victims, ranging in age from younger girls in larger markets to older women in more rural areas, where some work into their 70s. Almost all were born overseas. Polaris' research has found that these businesses are often part of global criminal networks, with revenues estimated to be around $2.5 billion per year. IMBs that are not part of criminal networks typically connect to one or more other IMBs to exchange victims. Many advertise in Mandarin and Korean language magazines in China, Korea, and large US cities like LA and New York. The ads suggest women can make money, get their massage therapy licenses, and have a better life in a new community by coming to work in a spa. IMBs are also lucrative in small markets. In rural states like Montana, for example, law enforcement officials estimate that one woman working at any given IMB will generate up to $18,000 per month in earnings for the owner. Escort services, another type of trafficking, are more prevalent than IMBs in the United States. Escort services are any commercial sex services arranged in advance, often by a pimp, and predominantly online. Those working as escorts are often young, with the average age of entry into sex trafficking estimated as young as 12-14 years. Escorts offer services at a temporary location, usually indoors, on an out-call basis (e.g., the escort goes to a location supplied by a buyer) or on an in-call basis (e.g., the buyer comes to a site provided by a victim or a pimp). In 2017, the US Justice Department shut down backpage.com, which was the most popular website for commercial sex ads. Since then, some domestic traffickers have begun utilizing websites hosted in other countries, and traffickers also use the same sites, dating apps, and social media apps that the rest of us use, like Facebook, MeetMe, and PlentyofFish. Sex trafficking or sex slavery comes in other forms too, including the outdoor solicitation you used to see at night: personal sexual
- Business DisputesBobbi represents a wide variety of clients in matters involving commercial and business transactions, civil litigation, contract disputes, real estate, and natural resources. She is a member of the Montana, Wyoming, and North Dakota Bars.
- Business TransactionsPrior to law school, Bryce was a credit analyst, loan officer, and Vice President at Bank of Montana where he enjoyed assisting entrepreneurs and helping small business owners finance and expand their businesses. Bryce still enjoys working with entrepreneurs and small business owners, helping them with all aspects of their business legal needs. Bryce’s law practice also includes bankruptcy and creditor workouts, civil litigation, real estate, and business transactions.
- Trade Secrets
- Intellectual Property
- Antitrust
- Workers Compensation
- Wrongful Termination
- Employment DiscriminationAfton has successfully represented clients in jury trials, bench trials, and arbitrations related to motor vehicle accidents and personal injury, personal property disputes, wage claims, family ranch partnership disputes, insurance bad faith, and wrongful discharge from employment. She has effectively defended her clients before the Montana Human Rights Bureau related to employment discrimination claims and the Montana Department of Labor related to wage and hour claims. Afton has also been successful in appeals before the Montana Supreme Court whether getting a judgment reversed or upheld, all in her client’s favor. She has also represented clients before the National Labor Relations Board and the Occupational Safety and Health Administration.
- Employment LitigationAdam’s litigation experience includes municipal defense, products liability defense, construction defect litigation, insurance defense, and employment litigation. Adam has authored numerous briefs in trial courts throughout Montana and Wyoming, and appellate briefs before the Montana Supreme Court, Wyoming Supreme Court, and the Ninth Circuit Court of Appeals. Adam’s trial experience includes both jury and bench trials. Additionally, Adam argued on his clients’ behalf in front of the Montana Supreme Court and the Wyoming Supreme Court.
- Severance AgreementAfton Ball primarily practices in civil litigation with an emphasis in employment law, business defense, and farm and ranch disputes. Afton also advises and assists clients with employment questions, agricultural-related issues, and other real property disputes including conflicts related to homeowners’ associations and covenants. She has drafted and/or reviewed employee handbooks, termination and severance agreements, agriculture leases, and other documents related to her practice areas. She handles litigation matters that arise under...
- Real Estate LitigationMorgan Hoyt practices primarily in the areas of bankruptcy, commercial litigation, construction defect litigation, civil litigation defense, real estate law, construction law, insurance, and liquor licensing. He is a member of the State Bar of Montana and is licensed to practice in both Montana state and federal courts.
- Construction LitigationMorgan practices primarily in the areas of bankruptcy, commercial litigation, construction defect litigation, civil litigation defense, real estate law, construction law, insurance, and liquor licensing. He is a member of the State Bar of Montana and is licensed to practice in both Montana state and federal courts.
- Real Estate TransactionsIn addition to his litigation practice, Adam enjoys representing local businesses with employment questions, real estate transactions, and other day-to-day legal needs. Adam is licensed to practice in both Montana and Wyoming.
- Easement
- Land Use and ZoningIn the second case, Gerry Fagan and Jordan FitzGerald convinced a State District Court on November 27, 2020, to dismiss claims related to a land use planning decision by the City of Hardin. The plaintiff claimed he had been treated unequally in violation of the state and federal constitution when the City annexed his property along with other adjoining properties. The plaintiff claimed the other adjoining property owners received more favorable treatment because it cost less for them to connect their properties to City services. The City established plaintiff’s claims were precluded by the applicable statutes of limitation.
- Personal InjuryJordan FitzGerald practices primarily in the area of civil litigation, with an emphasis on personal injury defense, municipal liability, and bad faith insurance claims. Jordan’s practice also includes commercial litigation, constitutional law, appellate practice, and drafting restrictive covenants for both commercial and residential subdivisions. He is a member of the State Bar of Montana, and he is licensed to practice in both Montana state and federal courts, including the 9th Circuit Court of Appeals.
- Medical MalpracticeGerry Fagan's primary practice area is civil litigation, with an emphasis on products liability (involved in the defense of such products as automobiles, ATVs, motor scooters, vaccines, industrial trenching machines, and products containing asbestos); municipal liability; personal injury defense (including Gallagher Bassett); bad faith insurance claims (including clients such as Sedgwick Claims Management); medical malpractice claims (OMNSIC), and insurance coverage. Gerry is also well-versed in handling Montana’s unique case law (known as Ridley) requiring the advance payment of certain damages when liability is “reasonably clear.” Gerry has also successfully handled a variety of commercial and business disputes.
- Auto Accidents
- Estate PlanningChris Sweeney is a shareholder at Moulton Bellingham PC, and has a diverse law practice. Chris has wide litigation experience in the areas of property law, estate litigation, business litigation, and insurance defense. Chris has extensive experience and expertise in Montana beverage license law, including assisting with the application and transfer of various types of beverage licenses, including beer and wine licenses, all-beverage licenses, resort licenses, golf course licenses, brewery licenses, and everything in between. Chris is also experienced in labor law and ERISA, and in defending actions in front of the National Labor Relations Board. Chris is admitted to practice law in Montana, North Dakota, and Wyoming.
- TrustsGerry Fagan was born in Butte, Montana, and was raised in Billings. He received a B.A. degree in Business Finance, with a minor in Economics, from Montana State University. He received his J.D. degree, with Honors, from the University of Montana in May, 1998. He was a staff member of the Montana Law Review in 1996-1997, and an Articles Editor in 1997-1998. Gerry joined Moulton Bellingham in the fall of 1998, and he became a shareholder in 2006. He became Firm President in 2024. Gerry is a past-President for the Yellowstone Area Bar Association, one of the largest local bar associations in Montana. Gerry is also Board President for a large charitable trust, the Charles M. Bair Family Trust.
- Probate
- BankruptcyMorgan’s bankruptcy practice is predominantly focused on representing creditors. He has experience representing a wide range of different types of creditors, including both secured and unsecured, in cases under chapters 7, 11, 12, and 13 of the Bankruptcy Code. He has been recognized in the area of Bankruptcy Litigation and was named in Best Lawyers: Ones to Watch in 2023. Morgan is currently serving on the board of the Montana State Bar Bankruptcy Section as its secretary as well as being an active member of the Montana State Bar Bankruptcy Section Continuing Legal Education Committee.
- ForeclosureDoug James is a creditor rights attorney. His practice includes defending lender liability claims in state and federal courts, workout and restructure agreements, Uniform Commercial Code cases, the representation of creditors in bankruptcy cases, judicial and non-judicial real estate foreclosures, collections, commercial litigation, commercial transactions, and real estate development.
- Tax LawVenturing outside Montana after high school, he attended the University of Munich, Germany, and received his B.A. degree from Willamette University in 1979. He received his J.D. degree from the University of Puget Sound in 1983, and also received an LL.M. degree, in taxation, from Boston University in 1985. He was Articles Editor of Boston University Journal of Tax Law which published his article, "Marital Deduction Planning With QTIP After The 1984 Tax Reform Act."
- Debt CollectionBrandon Hoskins practices primarily in the areas of real estate, oil and gas, business, and commercial litigation. Brandon has represented clients ranging from national corporations to small local businesses and individuals. He has experience completing business and real estate transactions, oil and gas title opinion work, debt collection (including liens, foreclosure, litigation and execution), partitions, estate and trust work, and litigation involving title to real property, construction, breach of contract, and insurance defense, among other things.