District of South Dakota

United States Attorney Randolph J. Seiler announced that U.S. District Court Judge Roberto Lange awarded the United States of America $279,184.00 against John Dewayne Ford for submitting multiple false-unemployment claims to the United States Railroad Retirement Board.

John Dewayne Ford, age 43, was laid off from his job with the Burlington Northern Railroad. Ford admitted that between May 2010 and April 2012, he claimed unemployment insurance benefits even though he was actually employed elsewhere. Ford submitted 40 false claims to the U.S. Railroad Retirement Board (RRB) certifying his claims for unemployment benefits, and in doing so; he perjured himself certifying his applications were true and accurate.

Ford was prosecuted criminally and pled guilty to the offense of Theft of Government Property. He was sentenced to a term of 3 years’ probation and ordered to pay criminal restitution in the amount of $19,728.                 

On April 6, 2015, the United States Attorney’s Office filed a civil action against Ford to recover damages and civil penalties pursuant to the False Claims Act (FCA), 31 U.S.C. §§ 3729-3733, for the false claims Ford knowingly submitted to the RRB. The FCA imposes civil liability on persons who knowingly submit false claims to the government.  Persons who submit a false claim must pay to the United States a civil penalty of not less than $5,500 and not more than $11,000 for each false claim, plus three times the amount of damages which the government sustained.

In the court opinion filed today, the United States was awarded treble damages in the amount of $59,184. Although the District Court stated it would prefer to fashion a remedy that would have assessed only a single minimum penalty for this ongoing scheme, the U.S. Supreme Court has stated that the correct application of the statutory language related to civil penalties requires “that the focus in each case be upon the specific conduct of the person from whom the Government seeks to collect the statutory forfeitures.” Based on Ford’s 40 false submissions, a civil penalty was imposed at the minimum $5,500 per false claim totaling $220,000. The total civil judgment entered in favor of the United States was for $279,184.00. The government was also awarded interest and costs expended in bringing the civil case.

The U.S. Attorney’s Office places a high priority on criminal and civil enforcement in cases involving all types of fraud committed against the government, and works with various law enforcement agencies to identify and investigate these matters. The investigation in this case was conducted by the U.S. Railroad Retirement Board.  This civil lawsuit was handled by Assistant U.S. Attorney Cheryl Schrempp DuPris. The criminal case was prosecuted by Assistant U.S. Attorney Ann M. Hoffman.     

###

United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man convicted of wire fraud was sentenced on December 11, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Randall William McKee, age 58, was sentenced to 41 months imprisonment, to be followed by 3 years of supervised release, and ordered to pay $100 to the Federal Crime Victims Fund.  He was also ordered to pay restitution of $684,230.11.

McKee was indicted for wire fraud and money laundering by a federal grand jury on November 4, 2014.  He pled guilty to one count of wire fraud on August 21, 2015. 

McKee served as trustee for an irrevocable supplemental needs trust that was established to provide for the needs of a disabled person.  McKee wrote checks from the trust’s checking account payable to himself, or to a business he controlled, and then used the funds for his own purposes.  McKee also defrauded investors in a real estate scheme by soliciting investment funds and then using those funds for his own purposes.  Most of this activity occurred while McKee was a resident of Rapid City, South Dakota.

This case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.

McKee was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that a Mandan, North Dakota, woman convicted of Larceny was sentenced on December 14, 2015, by U.S. District Judge Charles B. Kornmann.

Dawn Muir, age 54, was sentenced to 41 months in custody, followed by 3 years of supervised release, $29,973.13 in restitution to the Pretty Bird Woman House, and a special assessment of $100 to the Federal Crime Victims Fund.

Muir was indicted by a federal grand jury on January 17, 2014.  She pled guilty on June 22, 2015.

The conviction stemmed from a series of incidents beginning on or about February 2, 2011, while Muir was the Executive Director of the Pretty Bird Woman House, a domestic violence shelter located on the Standing Rock Indian Reservation, in McLaughlin, South Dakota.  Muir was writing checks to herself from an emergency fund the shelter maintained to provide food and relocation money to victims of domestic violence.  The shelter received several grants from the Department of Justice and Health and Human services to fund its day-to-day operations.  Muir would write the checks payable to herself, claiming the money was mileage reimbursement, travel reimbursement, or used for other non-emergency tasks.  When investigators questioned her about the account, Muir was unable to produce receipts or vouchers to verify the expenditures.  Corresponding deposits into Muir's personal bank account were also discovered.

The check writing scheme resulted in a loss to the Pretty Bird Woman House in the amount of $29,973.13.

This case was investigated by the U.S. Department of Justice Office of the Inspector General, and the Federal Bureau of Investigation.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

Muir shall self-report by December 29, 2015.

United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man  convicted of two counts of Second Degree Murder was sentenced on December 7, 2015, by United States District Judge Roberto Lange.

Daryl Dean Fool Bull, age 33, was sentenced to 262 months in custody, followed by 3 years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.

Fool Bull was indicted for two counts of Second Degree Murder and two counts of Assault with a Dangerous Weapon by a federal grand jury on April 14, 2015.  He pled guilty to two counts of Second Degree Murder on September 14, 2015.

On the evening of March 30, 2015, and the morning of March 31, 2015, Daryl Fool Bull, Kirby Sharpfish, Russell Sharpfish, and Crystal Sharpfish were drinking together at a residence in Todd County, South Dakota.  Kirby, Russell, and Crystal were siblings.  Crystal and Fool Bull were in a dating relationship and had children together.    

Fool Bull, Russell, Kirby and Crystal became heavily intoxicated.  At approximately 10:00 a.m. on March 31, 2015, Fool Bull became upset and without provocation, he repeatedly stabbed Russell Sharpfish and Kirby Sharpfish with a kitchen knife.  Two minor children were present in the home.  During the altercation, one child woke up and went into the living room.  Crystal was lying face down on the floor and Fool Bull was standing beside her, holding a knife in his hand.  Russell was kneeling on the ground with blood “squirting” from his neck.  Kirby was in an armchair and was deceased.  The child then went to a bedroom and called 911. 

An ambulance and law enforcement officers arrived a short time later.  Fool Bull and Crystal were not found in the home.  Both Russell and Kirby were pronounced dead at the scene.  Russell died from 28 stab wounds to the head, neck, back, hands, and forearms. Kirby died from 14 stab wounds to the neck and head. A knife covered in blood was located behind the back door of the residence.

Responding officers with the Rosebud Sioux Tribe Law Enforcement Services searched the surrounding area for Crystal and Fool Bull, who were located in a field west of the residence.  Fool Bull had dried blood on his clothing and his hands.  Crystal had numerous scrapes along her body that were incurred when Fool Bull dragged her through the field. 

This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Carrie Sanderson prosecuted the case.

Fool Bull was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Assaulting a Federal Officer and Using and Carrying a Firearm During and In Relation to a Crime of Violence was sentenced on November 30, 2015, by Judge Roberto A. Lange.

Arthur James Burnette, also known as Kory Young, age 25, was sentenced to 57 months in custody for Assaulting a Federal Officer, and 120 months in custody for Using and Carrying a Firearm During and In Relation to a Crime of Violence, to be served consecutively, for a total of 177 months.  His prison time will be followed by 3 years of supervised release, and he was ordered to pay $4,105 in restitution, and $200 in special assessment fees to the Federal Crime Victims Fund.

On March 19, 2015, the defendant was with two women in St. Francis, on the Rosebud Sioux Indian Reservation.  He was driving a stolen 1995 Honda Accord sedan and had a shotgun and ammunition with him in the vehicle.  He was firing the shotgun off and harassing people.  The disturbance was reported by a citizen to the Rosebud Sioux Tribe Law Enforcement Services.  Officers responded and attempted to capture the defendant, who had outstanding tribal warrants.  The defendant fled from the pursuing officers, fleeing into Nebraska.  He obstructed and impeded the officers as he fled, with his vehicle exceeding  98 miles per hour at times.  The defendant was observed hollering obscenities and extending his middle finger at the pursuing officers.  He drove his vehicle in an evasive manner, which included leaving the roadway, recklessly passing other vehicles, as well as forcing other vehicles off the roadway.

At one point, the defendant turned his vehicle around, extended his shotgun out the window and fired at a pursuing officer’s squad car.  That officer was not hurt and called out over the radio that he had been shot at. 

At a different location, another officer stopped his patrol vehicle on a roadway, armed himself with a rifle, and exchanged gunfire with the defendant. No one was injured in the exchange. 

Burnette fled towards Kilgore and Crookston, Nebraska, and then to a different location on Highway 20 in Nebraska, and encountered more officers whom he also menaced with his shotgun.  At a different location, the defendant drove the stolen vehicle off the roadway and into a ditch, breaking the landowner’s fence.  The defendant was arrested at the scene.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, and Firearms.  Assistant U.S. Attorney Tim Maher prosecuted the case.

Burnette was immediately turned over to the custody of the U.S. Marshals Service to serve his sentence.

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Production of Child Pornography was sentenced on November 30, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Jesse Gallego, age 22, was sentenced to 15 years of imprisonment, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

In November 2014, at Pine Ridge, Gallego took multiple pornographic photos of a young girl with his cell phone.

The investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Sarah Collins prosecuted the case.

Gallego was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that a Fort Yates, North Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on November 30, 2015, by U.S. District Judge Charles B. Kornmann.

Victor Twinn, age 18, was sentenced to 33 months in custody, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Twinn was indicted by a federal grand jury on February 11, 2015.  He pled guilty on August 31, 2015.

The conviction stemmed from an incident on January 1, 2015, when Standing Rock Law Enforcement was notified that a male was in front of a house in McLaughlin, South Dakota, unconscious and bleeding from his ears and head.  Bureau of Indian Affairs (BIA) law enforcement arrived on scene and located the victim, lying unconscious in front of a residence.  An ambulance was summoned and the victim was transported to the Saint Alexius ICU in Bismarck, North Dakota.  The victim had severe swelling to his head and face from the assault, and was hospitalized for a period of time due to the injuries he sustained.

Several witnesses at the house identified Victor Twinn as the one who caused the injuries and assaulted the victim.  Twinn and the victim went outside and began to fight, and witnesses attempted several times to break it up. After a brief scuffle, Twinn knocked the victim to the ground and began kicking him upon the head, rendering the victim unconscious.  While the victim was laying on the ground unconscious, Twinn continued the assault by repeatedly stomping on the victim’s head.

Twinn was arrested a short time later and brought to the Standing Rock Sioux Tribal jail where he admitted to fighting with the victim and knowing that he took it too far by kicking the victim approximately three times on the head, knocking him unconscious.  Twinn also recalled some people pulling him away, but that he was extremely upset and went back to where the victim was laying and stomped on his head multiple times.  

This case was investigated by the BIA, Standing Rock Agency and the Federal Bureau of Investigation.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

Twinn was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that a Minneapolis, Minnesota, man convicted of Assault with a Dangerous Weapon, and a Mobridge, South Dakota, woman convicted of Misprision of a Felony were sentenced on November 30, 2015, by U.S. District Judge Charles B. Kornmann.

Clayton Montreal, age 29, was sentenced to 20 months in custody, followed by 3 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.

Wyndee Sitting Dog, age 32, was sentenced to time served and a special assessment of $100 to the Federal Crime Victims Fund.

Montreal and Sitting Dog, along with a third Defendant were indicted by a federal grand jury on April 15, 2014.  They pled guilty on August 24, 2015.

Montreal’s conviction stemmed from an incident on March 26, 2014, when Bureau of Indian Affairs (BIA) police were dispatched to a private residence in McLaughlin, South Dakota.  Upon arrival, the BIA officer made contact with the victim, who reported she had been assaulted.  Through an investigation, it was discovered that Montreal came to a residence the victim was at the night before.  She got into a van with Montreal and they eventually got into a verbal argument, which escalated to a physical altercation.  During the fight, Montreal punched and also kicked the victim.  As a result of the assault, the victim sustained bruising to various parts of her body.

Sitting Dog’s conviction stemmed from the same incident. Montreal, along with Sitting Dog, stopped by the victim’s house and told her to get into a vehicle outside the residence.  The victim got in the van and Montreal got into an argument with her over a missing sum of money. Sitting Dog was present and observed Montreal commit the assault on the victim. Sitting Dog knew the actions being committed by Montreal were a violation of law and that she should report these actions immediately to law enforcement.  She was later interviewed and told the special agent she did not intervene in the argument, nor did she seek help for the victim. At no time did Sitting Dog report the felonious assault to law enforcement, or another person in civil authority under the United States.

This case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

Montreal was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that a Mexican citizen living in Huron, South Dakota, convicted of Use of a Fraudulent Identification Document, was sentenced on December 1, 2015, by United States District Judge Roberto Lange.

Milton Oropeza-Chavarria, aka Alfredo De Jesus De Leon, age 21, was sentenced to 18 months of probation, including two months of home confinement, and a special assessment to the Federal Crime Victims Fund.

Oropeza-Chavarria was indicted for Use of a Fraudulent Identification Document by a federal grand jury on February 4, 2015.  He pled guilty on September 28, 2015.

On November 30, 2011, Oropeza-Chavarria, a citizen of Mexico, knowingly used an identification document bearing the name Alfredo De Leon for the purpose of obtaining employment.  Oropeza-Chavarria signed the Department of Homeland Security Form I-9 to obtain employment with a Jerauld County employer.  For verification of authorization to work in the United States, he knowingly provided documentation that was not issued lawfully for his use.

This case was investigated by U.S. Immigration and Customs Enforcement. Assistant U.S. Attorney Carrie Sanderson prosecuted the case.

Oropeza-Chavarria was released to begin his period of home confinement.

United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Incest was sentenced on November 30, 2015, by U.S. District Judge Charles B. Kornmann.

Joseph Milo Follows The Road, age 62, was sentenced to custody until December 15, 2015, and a special assessment of $100 to the Federal Crime Victims Fund.

Follows The Road was indicted by a federal grand jury on July 14, 2015. He pled guilty on August 31, 2015.

The conviction stemmed from an incident on June 18, 2015, when Bureau of Indian Affairs (BIA) law enforcement was dispatched to the residence of Joseph Follows The Road, in McLaughlin.  Law enforcement officers were informed that witnesses had seen Follows The Road and his biological daughter engaging in inappropriate behavior.  Follows The Road admitted to having engaged in consensual sexual intercourse with his daughter on June 17, 2015. 

This case was investigated by the BIA, Standing Rock Agency.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

Follows The Road was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man, charged with Assault by Striking, Beating, and Wounding, pled guilty to and was sentenced on December 8, 2015, by U.S. Magistrate Judge Mark A. Moreno.

Arvin Red Bear, Sr., age 53, was sentenced to 12 months in custody, followed by 1 year of supervised release, and a special assessment of $25 to the Federal Crime Victims Fund. He was ordered to pay $78.02 in restitution.

The conviction stems from an incident that took place on June 29, 2014, when Red Bear, the victim, and another individual were all drinking together at Red Bear’s home in Thunder Butte, South Dakota.  After a while, a verbal argument began between Red Bear and the victim.  As the victim approached Red Bear’s residence, Red Bear came out from his house carrying a hatchet in one hand and a long hunting knife in the other.  Upon seeing the weapons, the victim and the other individual turned around and began to walk away.  As they were leaving, Red Bear rushed towards the victim, swinging the hatchet and striking him on the back of his right arm, just above the elbow.  The victim turned around and began to wrestle with Red Bear, managing to pry the hatchet from Red Bear’s grasp and tossing it away.  While they were wrestling, Red Bear also stabbed the victim in the face with the knife. 

The victim left the scene and was transported to the Eagle Butte Indian Health Services emergency room. He ultimately received 8 sutures to his cheek, had two superficial wounds cleaned and bound, and was referred to Rapid City for the wound above his right elbow to check for possible nerve damage.

The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Agency.  The case was prosecuted by Assistant U.S. Attorney Meghan N. Dilges. 

Red Bear was remanded to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that a Hot Springs, South Dakota, woman, Rebecca Sotherland, was found not guilty on December 8, 2015, of Deprivation of Rights Under Color of Law, Assault With a Dangerous Weapon, and Obstruction of a Federal Investigation after a federal jury trial in Rapid City.  Sotherland was indicted on August 26, 2014.   

The charges relate to an incident on August 15, 2014, at Manderson, when Sotherland, who was at the time an Oglala Sioux Tribe police officer, was arresting a man, in the course of which she repeatedly used her Taser.

The investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorneys Sarah Collins, Kevin Koliner, and Jared Fishman prosecuted the case.
         

United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on November 17, 2015, by U.S. District Judge Roberto A. Lange.

Roscoe Dan Witt, Jr., age 30, was sentenced to 27 months in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Witt was indicted by a federal grand jury on March 10, 2015.  He pled guilty on August 25, 2015.

Witt was convicted of Assault with a Dangerous Weapon in 2004 and was sentenced to federal custody, followed by supervised release.  As a convicted felon, Witt cannot possess any firearms.  The current conviction stems from an incident on November 29, 2014, when a call was received at the Crow Creek Bureau of Indian Affairs (BIA) Police Department informing them that someone inside a cream colored Chevrolet Impala was shooting a gun around the old Fort Thompson area.  A BIA officer was notified about the call, responded and saw the vehicle

He observed Witt by the driver side door.  Witt was walking towards the front door of the store, but then turned around with his hand in his right pocket, opened the back door and put something into the vehicle.

The officer approached the driver side rear door and recovered a Premier 32 Smith and Wesson .32 Caliber handgun with the trigger locked back, as it was ready to be fired by pulling onto the trigger.  Contact was made with Witt and he was placed into tribal custody. At the jail, officers recovered from Witt a .32 caliber casing.

The Division of Criminal Investigation laboratory confirmed that the .32 shell casing recovered from Witt was fired from the Premier 32 Smith and Wesson .32 Caliber handgun.

This case was investigated by the BIA.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

Witt was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on November 16, 2015, by U.S. District Judge Roberto A. Lange.

Jeryn Big Eagle, Sr., age 40, was sentenced to 27 months in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Big Eagle was indicted for Assault with a Dangerous Weapon and Domestic Assault by a Habitual Offender by a federal grand jury on May 12, 2015.  He pled guilty to Assault with a Dangerous Weapon on August 24, 2015.

The conviction arose from a February 14, 2015, incident at the Veterans Center in Eagle Butte, when Big Eagle made accusations against the victim and then physically struck the victim about the face, head, and body multiple times with a closed fist. He then grabbed a red Razor scooter and struck the victim in the forehead.

This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.

Big Eagle was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assault with a Dangerous Weapon and Aiding and Abetting was sentenced on November 3, 2015, by U.S. District Judge Roberto A. Lange.

Dezmond Two Hearts, age 19, was sentenced to 30 months in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Two Hearts was indicted for Assault with a Dangerous Weapon and Aiding and Abetting by a federal grand jury on April 14, 2015. He pled guilty on August 11, 2015.

The conviction arose from a March 6, 2015, incident when the victim told Two Hearts and his co-defendant that he did not have any money to lend them. Two Hearts then punched the victim in the face with his fist, and kicked and stomped him in the face and head area with shod feet. Two Hearts and his co-defendant took turns assaulting the victim.

This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Jay Miller prosecuted the case.

Two Hearts was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that Christopher R. Jansen, age 35, of Selby, South Dakota, appeared before United States District Judge Roberto A. Lange on November 17, 2015, and pled guilty to a Superseding Indictment charging him with Sexual Exploitation of a Child and Distribution of Material Involving the Sexual Exploitation of Minors. 

The maximum penalty upon conviction is up to 50 years in prison and/or a $250,000 fine, a period of supervised release of five years up to life, $200 in special assessments, and restitution.

The defendant was an attorney who has worked in central South Dakota.  He lived and worked in Walworth County, where he maintained a law firm in Mobridge and a residence in Selby.  He was the Walworth County State’s Attorney from approximately 2009 to 2012. The defendant has had a professional attorney-client relationship with a family from central South Dakota, and the minor victims identified in the Superseding Indictment are members of that family. He represented the family on family law related matters. The defendant befriended the client’s family and developed a relationship with the minors. The defendant visited their home, the family visited the defendant’s home, and there were situations where the defendant stayed overnight with the children.

Regarding the charge of Sexual Exploitation of a Child, the defendant engaged in repeat acts of sex with one of the children. The defendant had sexual encounters with the child for approximately 2 years.  The defendant videotaped about 8 of these encounters, and he maintained these videos on his media within his Selby home.  The defendant also produced 6 to 7 images of these encounters and maintained those images on his computer media at his home.  The defendant engaged in other sexual encounters with another minor in his client’s family, and he produced videos and images related to sexual acts and sexual contact with at least two of the minors. 

The defendant refers to himself as a pedophile and indicated he has been dealing with his attraction to and acting out upon minors for a number of years.  The defendant knows his attraction to minors is illegal.  He loses control at times and that is when he molests minors.  Sometimes he satisfies his desire for children by looking at child pornography. 

Regarding the charge of Distribution of Material Involving the Sexual Exploitation of Minors, the defendant was a member of a website that is used to distribute child pornography.  The website is an online bulletin board whose primary purpose is the advertisement and distribution of child pornography.  The website requires its users to continually upload child pornography in order to gain and keep membership.  Since at least December 2013, the defendant was a member of the website and has himself distributed materials containing child pornography, including both materials that involve the family, as well as other child pornography.  On the website, the defendant indicated he was interested in boys in the age range of 5 to 12 years old.  The defendant used an image of his client’s child as his avatar picture on the website. Law enforcement officers observed images available on the website which establish that the defendant shared images of his client’s child, and the distribution of those materials affected interstate and foreign commerce and were distributed by the use of a computer.  The defendant came to possess other images and videos of child pornography as he liked to view images and videos of prepubescent males. The defendant last utilized this child pornography sharing website on approximately Sunday, July 27, 2014, before his arrest by state and federal law enforcement officers two days later on July 29, 2014. 

“Some of the most important work we do is prosecuting child pornography cases.  These are vicious and dangerous crimes, committed by dark and demonized individuals,” said Seiler.  “This case was made even more disturbing by the fact that Jansen was a trusted professional who took advantage of his client’s family, and groomed those children to be his victims.  His admission of guilt will take one more predator off the streets.”

The investigation is being conducted by the Federal Bureau of Investigation, the South Dakota Division of Criminal Investigation, with assistance from the Walworth County Sheriff’s Office and the Mobridge Police Department.  Assistant U.S. Attorney Tim Maher and Keith Becker, a Trial Attorney with the Child Exploitation and Obscenity Section of the Department of Justice, are prosecuting the case.   

On September 25, 2015, Jansen was sentenced in Hughes County state court to serve 50 years in prison for two separate convictions of first degree rape.

A presentence investigation report was ordered and a sentencing date will be set in Pierre, South Dakota.  The defendant was remanded to the custody of the U.S. Marshals Service pending further hearings. 

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Attempted Enticement of a Minor Using the Internet was sentenced on November 16, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Andrew Hiipakka, age 28, was sentenced to 25 years of imprisonment, followed by life of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. He is also ordered to forfeit an LG cell phone, two Toshiba laptop computers, one Cisco computer modem, one HP laptop computer, one Netger computer router, one Dell laptop computer, and one Apple iPhone.

Between November 2013 and August 2014, at Rapid City, Hiipakka knowingly received and possessed computer files containing images of child pornography.

During the execution of the search warrant, numerous items of evidence were located and seized, including several electronic storage devices and computers.  Investigators found thousands of images of child pornography, many of which depicted children under the age of 12 years, and images of violence and sadism. There were also many instances of the Defendant distributing these images to other individuals utilizing the Internet.

In addition, investigators located over one thousand internet “chats” during which the Defendant would receive and distributes images of child pornography.  During some of the chats, the Defendant would engage with persons he was told were under the age of 18, and he would convince them to expose their genitalia and perform sexual acts and then distribute those images to the Defendant.

This case also had international implications.  Information from this investigation was sent to Homeland Security Investigations’ London attaché office, resulting in an 18-year sentence for a man manufacturing child pornography in England, who had been corresponding with Andrew Hiipakka.

The investigation was conducted by the South Dakota Internet Crimes Against Children Taskforce.  Other law enforcement partners involved in the case were the Rapid City Police Department, Pennington County Sheriff's Office, and Homeland Security Investigations. Assistant U.S. Attorney Sarah Collins prosecuted the case.

Hiipakka was immediately turned over to the custody of the U.S. Marshal's Service.

United States Attorney Randolph J. Seiler announced that a Fort Yates, North Dakota, woman was acquitted of Incest as a result of a federal jury trial in Aberdeen, South Dakota, on November 4, 2015.

Linda McLaughlin, age 40, was indicted by a federal grand jury on July 14, 2015.

The charge stemmed from an alleged incident which occurred in June of 2015, when McLaughlin allegedly had a sexual relationship with her father.

The investigation was conducted by the Bureau of Indian Affairs, Standing Rock Agency and the U.S. Attorney's Office prosecuted the case.

The United States Attorney’s Office (USAO), the South Dakota Attorney General, and other law enforcement partner agencies will hold a press conference on Monday, November 16, 2015, at the Andrew W. Bogue Federal Building in Rapid City, South Dakota.

Discussed will be the sentencing of Andrew Hiipakka, a former middle school teacher convicted of Attempted Enticement of a Minor Using the Internet; the law enforcement collaboration that led to the prosecution; and continuing efforts to combat child pornography.

WHO: Sarah Collins: U.S. Attorney’s Office, Senior Litigation Counsel

          Gregg Peterman: Supervisory Assistant U.S. Attorney

          Marty Jackley: South Dakota Attorney General

          Brent Gromer: Internet Crimes Against Children Task Force Commander

          Captain James Johns: Rapid City Police Department, Criminal Investigation Division

          Captain Corey Brubakken: Pennington County Sheriff’s Office

          Mark Stewart: Homeland Security Investigations, Resident Agent in Charge

          Michael Diaz: Homeland Security Investigations, Special Agent

WHAT: Press Conference

WHEN: Monday, November 16, 2015, at approximately 4:45 p.m. MST - or immediately following the sentencing. Sentencing is scheduled for 3:00 p.m. (Exact start time of press conference is dependent upon completion time of sentencing.)

WHERE: USAO Conference Room, located on the 2nd Floor of the Federal Building. Address is 515 Ninth Street, Rapid City.

SECURITY: All media must enter through the first floor lobby. Media will be required to go through security and present a government-issued photo ID. Audio and video recording devices are allowed only in the press conference location, and the use of these devices is prohibited anywhere else in the federal building.

Press inquiries regarding logistics should be directed to Ace Crawford at 605.341.1915 or 605.838.6092.

United States Attorney Randolph J. Seiler announced that a Mobridge, South Dakota, man convicted of Distribution of a Controlled Substance was sentenced on November 2, 2015, by U.S. District Judge Charles B. Kornmann.

Troy Thompson, age 43, was sentenced to 24 months in custody, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Thompson was indicted by a federal grand jury on February 18, 2015. He pled guilty on June 22, 2015.

The conviction arose from incidents in May and June of 2014, when law enforcement made two controlled buys of methamphetamine from Thompson. During the first buy, Thompson sold 2.22 grams of methamphetamine for $500.00 to a confidential informant. For the second buy, Thompson sold the confidential informant .57 grams of methamphetamine for $200.00. Thompson’s supplier was Aaron Sackreiter.  Sackreiter fronted Thompson the methamphetamine, after which Thompson would sell it, and then give the money to Sackreiter. Sackreiter, in turn, would give Thompson some of the money back as payment for selling the methamphetamine. Sackreiter is scheduled to be sentenced on January 4, 2016.

This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force and the Mobridge Police Department. Assistant U.S. Attorney Jay Miller prosecuted the case.

Thompson will report to the U.S. Marshals Service on November 24, 2015, to begin serving his sentence.

United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Assault with a Dangerous Weapon and Failure to Appear was sentenced on November 2, 2015, by U.S. District Judge Charles B. Kornmann.

Adam Weasel, age 20, was sentenced to 12 months in custody for Assault with a Dangerous Weapon and 6 months in custody for Failure to Appear, to be served consecutively; followed by 3 years of supervised release on each count, to be served concurrently; and a $200 special assessment to the Federal Crime Victims Fund.

Weasel was indicted for First Degree Burglary, Assault with a Dangerous Weapon, and Third Degree Burglary by a federal grand jury on June 23, 2014. A Superseding Information was filed on July 28, 2015, charging Weasel with Assault with a Dangerous Weapon and Failure to Appear. He pled guilty to the Superseding Information on August 3, 2015.

The conviction for Assault with a Dangerous Weapon arose from a June 22, 2013, incident at McLaughlin, when Weasel and two co-defendants forcibly entered a residence and assaulted some of the home’s occupants, kicking one of them while he was on the ground. Weasel joined in physical altercations between his co-defendants and several victims. Weasel was indicted for his role in the burglary and assault.

After his initial appearance, he was released on his own personal recognizance subject to various terms and conditions. He was later ordered to appear in federal court on January 30, 2015, to address an alleged bond violation. Weasel failed to appear for the hearing and a warrant was issued for his arrest. Weasel was not arrested on the warrant until April 23, 2015.

This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Jay Miller prosecuted the case.

Weasel was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Abusive Sexual Contact of a Minor was sentenced on November 2, 2015, by U.S. District Judge Charles B. Kornmann.

Patrick Red Legs, age 21, was sentenced to 24 months in custody, followed by 10 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.

Red Legs was indicted by a federal grand jury on August 14, 2014.  He pled guilty on November 3, 2014.

The conviction stemmed from an incident on June 12, 2014, when an officer with the Bureau of Indian Affairs (BIA) responded to a call for assistance at a house in Little Eagle.  Upon arrival, the officer made contact with another BIA officer and the 13-year-old victim, who reported that Red Legs had recently asked her to go drinking with him.  The victim had agreed and they began to drink and playfully push each other, at which time Red Legs grabbed her and began to kiss her.  The victim tried to push him away, but could not.  Later in the evening, the victim was lying on a bed and Red Legs was sitting beside her.  He started to kiss her again and began to rub her body.  After a short amount of time, Red Legs placed his hands inside the victim’s leggings and underwear.  

This case was investigated by the BIA, Standing Rock Agency.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

Red Legs was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man convicted of Assaulting, Resisting and Impeding a Federal Officer and Assault Resulting in Substantial Bodily Injury to a Spouse was sentenced on November 2, 2015, by U.S. District Judge Roberto A. Lange.

Ronald Desheuquette, age 57, was sentenced to 14 months in custody, followed by 2 years of supervised release on each count to be served concurrently, and a special assessment of $200 to the Federal Crime Victims Fund.

Desheuquette was indicted by a federal grand jury on May 12, 2015.  He pled guilty on August 11, 2015.

The conviction stemmed from an incident on November 29, 2014, when a Bureau of Indian Affairs officer was called to a residence in Lower Brule advising that a woman had been assaulted. When the officer arrived on scene, he found Desheuquette’s wife with blood on her head and hands, and a cut to her head that required staples to close.  Desheuquette had struck his wife with his fists several times causing the injury.

The officer then proceeded to arrest Desheuquette on domestic abuse charges.  He was transported to the Lower Brule Correctional Facility, and was booked. The officer began to fill out custody request forms, and Desheuquette was making verbal threats towards the officer. Desheuquette then walked up to the officer, while wearing shoes, and intentionally kicked the officer in the lower back.

This case was investigated by the Bureau of Indian Affairs, Crow Creek Agency.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

Desheuquette was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that a Porcupine, South Dakota, woman convicted of False Statement was sentenced on October 28, 2015, by U.S. District Chief Judge Jeffrey L. Viken.

Danishia Marshall, age 20, was sentenced to 10 months in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Marshall was indicted by a federal grand jury on December 16, 2014.  She pled guilty on June 11, 2015.

The conviction stemmed from an incident on September 27, 2013, when a call came into the Pine Ridge Police Department indicating that Marshall was intoxicated and would not allow relatives to care for her infant baby.  An officer responded and upon investigation, Marshall was placed under arrest on a tribal charge.

The officer arrived at the Kyle jail with Marshall, and during the booking process, she appeared to have an asthma attack. The officer then transported Marshall to the Indian Health Services hospital in Pine Ridge, and while enroute, Marshall slumped over in the back seat. The officer was concerned for her health, and radioed for an ambulance.  The ambulance took custody of Marshall, and the officer followed the ambulance to the hospital.

While in the ambulance, Marshall made an allegation of sexual assault against the officer. She reported it to tribal police and had a sexual assault examination at the hospital.

On October 3, 2013, Marshall was interviewed by a Federal Bureau of Investigation (FBI) agent. During the interview, Marshall falsely told the agent she was raped and sodomized by the officer. When Marshall made these statements to the ambulance crew, medical staff, tribal police, and the FBI, Marshall knew the statements were false.  She knew that the officer had not sexually assaulted her, and that she had falsely accused an innocent man of a crime.

This case was investigated by the FBI.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

Marshall was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man was acquitted of Robbery, Assault Resulting in Serious Bodily Injury, and Assault by Strangulation and Suffocation as a result of a federal jury trial in Pierre, South Dakota, on October 28, 2015.

Jami Walking Bull, age 35, was indicted by a federal grand jury on August 11, 2015

The charges stemmed from an alleged incident that occurred on May 12, 2015, when Walking Bull allegedly robbed and assaulted a man on the Crow Creek Indian Reservation.

The investigation was conducted by the Bureau of Indian Affairs, Crow Creek Agency and the U.S. Attorney's Office prosecuted the case.

United States Attorney Randolph J. Seiler announced that five current and former executives, and one employee, of the Sisseton Wahpeton Oyate Tribe’s Big Coulee District were indicted by a federal grand jury on October 6, 2015. The charges include Conspiracy to Commit Embezzlement from an Indian Tribal Organization and two counts of Embezzlement from an Indian Tribal Organization.

Those indicted are as follows:

Carrie Godfrey, age 49, of Sisseton, South Dakota, was Treasurer of the District Executive Board from January 2007 to January 2011, and Secretary of the Board from January 2011 through January 2015.

Gerald German, Jr., age 44, of Peever, South Dakota, was Chairman of the District Executive Board from January 2007 through January 2015.

Ann German, age 57, of Peever, South Dakota, is currently the Big Coulee District Coordinator.

Calvin Max, Sr., age 48, of Sisseton, South Dakota, has been Vice Chairman of the District Executive Board since January 2011.

Gerald Heminger, Jr., age 56, of Sisseton, South Dakota, was Vice Chairman of the District Executive Board from January 2007 to January 2011.

Colette White, age 55, of Peever, South Dakota, has been Treasurer of the District Executive Board since January 2011.

All six appeared before U.S. Magistrate Judge William D. Gerdes in Aberdeen, on October 16, 2015, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, followed by 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that the defendants caused checks to be issued on the District’s bank accounts to themselves, to allegedly pay for home repairs and to assist them in paying their income tax liability incurred as a result of the stipends they earned as District executives. None of the checks were properly authorized, and the defendants used the Tribe’s money for their own purposes.

The charges are merely accusations and the defendants are presumed innocent until and unless proven guilty.

The investigation is being conducted by the Federal Bureau of Investigation and the financial crime investigator at the U.S. Attorney’s Office.  Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.  

The defendants were released pending trial. Trial is scheduled for December 15, 2015.

United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man convicted of Bank Robbery was sentenced on October 26, 2015 by U.S. District Judge Karen E. Schreier.

Rickey Daniel Starks, age 45, was sentenced to 48 months in custody, to be followed by 3 years of supervised release.  He was also ordered to pay over $8,700 in restitution.

Starks was indicted by a federal grand jury on March 17, 2015.  He pled guilty to Bank Robbery on June 30, 2015.

On March 5, 2015, the Sioux Falls Police Department responded to an armed robbery call at Dacotah Bank on East 10th Street in Sioux Falls.  Information relayed to the officers was that a man walked in the front door of the bank wearing quite distinctive clothing, a ski mask and carrying a backpack.  He demanded money and waved what appeared to be a gun in the air.  Video from the bank’s surveillance cameras confirmed the information the police had received.  Portions of the video were released to the local news media and several sources contacted law enforcement indicating the robber’s identity.

This case was investigated by the Sioux Falls Police Department, South Dakota Highway Patrol, and the Federal Bureau of Investigation.  Assistant U.S. Attorney Dennis R. Holmes prosecuted the case.

Starks was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that a Miller, South Dakota, man has been indicted by a federal grand jury for attempted Commercial Sex Trafficking of a Child and Attempted Enticement of a Minor Using the Internet.

Joseph Raleigh, age 34, was indicted on October 20, 2015.  He appeared before U.S. Magistrate Judge Mark Moreno on October 21, 2015, and pled not guilty to the Indictment.

The penalty upon conviction is a mandatory minimum of 10 years in custody up to a maximum of life in prison, up to a $250,000 fine, supervised release of not less than 5 years and up to life, and a $5,000 assessment to the Domestic Trafficking Fund.  Restitution may also be ordered.

The Indictment alleges that on October 16, 2015, in South Dakota, Raleigh did knowingly attempt to solicit a child to engage in a commercial sex act.  It is alleged he used the Internet to attempt to engage in the commercial sex act.

The charges are merely an accusation and Raleigh is presumed innocent until and unless proven guilty.

The investigation is being conducted by the South Dakota Division of Criminal Investigation, U.S. Marshals Service, South Dakota Internet Crimes Against Children Task Force, and the Pierre Police Department. Assistant U.S. Attorneys Kirk Albertson and Tim Maher are prosecuting the case.  

Raleigh was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has not been set.

United States Attorney Randolph J. Seiler announced that civil judgment has been entered against Aurelio Munoz-Escalante, d/b/a Black Hills Thinning, of Rapid City, South Dakota, and Sergio Munoz-Escalante, d/b/a SM Logging & Services, of Hermosa, South Dakota, in the amounts of $759,999.12 and $458,374.02, respectively.

The monetary awards consist of treble damages and 44 separate penalties for employing undocumented aliens in U.S. Forest Service contract work related to thinning unhealthy timber in the Black Hills National Forest. Federal contracts do not permit work to be done by undocumented aliens. These contractors submitted invoices for payment, which falsely certified that the work was performed by legal workers.

The False Claims Act imposes treble damages and penalties liability on persons and companies who knowingly submit false claims to the government. 

The U.S. Attorney’s Office places a high priority on criminal and civil cases involving all types of fraud committed against the government.  As a result of investigations conducted by the U.S. Immigration and Customs Enforcement’s Homeland Security, in cooperation with the U.S. Forest Service, Rapid City Police Department, Pennington County Sheriff’s Office, South Dakota Division of Criminal Investigation, Custer County’s Sheriff’s Office, U.S. Department of Labor, and other federal and state law enforcement agencies, the U.S. Attorney’s Office was able to obtain criminal convictions for this fraudulent conduct. The civil lawsuit followed, which resulted in this judgment.

Civil settlements (totaling $455,000) were reached in November 2014 involving five other individuals: Angel Munoz-Escalante and Barbara Munoz, d/b/a Munoz Logging and Construction Company ($375,000); Rogelio Escalante Sr., d/b/a Escalante Logging and Services ($50,000); Rogelio Escalante Jr., d/b/a Escalante Logging and Thinning Company ($15,000); and Raul Munoz, d/b/a R Munoz Thinning ($15,000)).

All of these False Claim cases involving fraud committed against the U.S. Forest Service were handled by Assistant U.S. Attorney Cheryl Schrempp DuPris. The total civil recovery obtained by the United States Attorney’s Office amounts to $1,673,373.10.

Over 55 million Americans—nearly 20 percent of our population—live with a disability. This year commemorates the 25th anniversary of the passage of the Americans with Disabilities Act, the federal law that requires businesses, public services, and telecommunications to provide reasonable accommodations to people with disabilities.

The ADA was the result of a civil rights movement that continues in full force today.  It was not so long ago that people with disabilities were regularly marginalized and separated from mainstream society, ridiculed as though living with physical or mental disabilities is not challenging enough.

Many trace the roots of the civil rights movement for people with disabilities back to World War I, when veterans returning with disabilities demanded that the government provide rehabilitation for the sacrifices they made in service to our nation.  World War II brought with it another wave of returning veterans who again made disability issues visible to a nation indebted to them for their service.

Without federal legislation, however, people with disabilities still lacked the basic rights necessary for independence and self-reliance, and they were not afforded fair employment and economic opportunities.

As the 1960s civil rights movement spread across the nation, disability advocates seized the opportunity to join other minority groups, and an organizational structure emerged that focused the movement toward national goals, such as federal legislation to address physical and social barriers.  In 1973, the Rehabilitation Act was passed, requiring equal employment opportunities and prohibiting discrimination against people with physical or mental disabilities within the federal government.  These protections were extended to cover federally funded programs and public services.

In 1975, the Education for All Handicapped Children Act was passed, guaranteeing equal access to public education for children with disabilities.  And in 1990, it was further refined into the Individuals with Disabilities Education Act, which mandated full inclusion of children with disabilities.

With those successes in hand, the movement turned toward equal treatment of people with disabilities more broadly, seeking an enforceable right to full participation and integration in all levels of society.  When the ADA was signed into law in 1990, our nation made a bold statement to itself and to the rest of the world, that people with disabilities are entitled to equal access to employment opportunities, public services, places of public accommodation, transportation, and telecommunications services.

Of course, passing a federal law does not remedy problems overnight.  Over the years, many battles have been fought to enforce the demands of the ADA, and many still remain.

As the state’s chief federal law enforcement official, I am keenly aware that many question the federal government’s role and its priorities.  But this should be beyond dispute: ours is a nation committed to ensuring that people with disabilities are able to lead independent, satisfying lives.  Along with the Department of Justice, I stand by the commitment to enforce laws that foster that goal.

Please join us on October 21 at a Disability Rights Conference in Sioux Falls, which is free and open to the public. Speakers include Heather Abbott, a survivor of the Boston Marathon bombing, South Dakota native and Iraq War Veteran Corey Briest and his wife Jenny Briest, and South Dakota State Senator Billie Sutton and his wife, Kelsea Kenzy Sutton.  For more information, please visit the conference link at: www.avera.org/disabilitiesconference

United States Attorney Randolph J. Seiler announced that a Pierre, South Dakota, man convicted of Larceny was sentenced on October 6, 2015, by U.S. District Judge Roberto A. Lange.

KT Burgee, a/k/a K.T. Burgee, age 21, was sentenced to time served, 2 years of supervised release, $4,500 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.

Burgee was indicted by a federal grand jury on January 1, 2015.  He pled guilty to the indictment on July 20, 2015.

The conviction arose from a disagreement that occurred on January 1, 2015, at Eagle Butte, which led to Burgee being locked out of the house. He then walked down the road, got into a pickup that belonged to someone else, and drove away.  Burgee failed to make a curve in the road, rolled the pickup, and totaled it.  Burgee was ejected in the rollover.  When he learned that the police and ambulance were on the way, Burgee ran away from the crash site.  A Cheyenne River Sioux Police Officer located Burgee later that evening, walking down a dirt road about a mile from the crash site. The pickup Burgee took is valued at more than $3,000.

This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Second Degree Burglary was sentenced on October 5, 2015, by U.S. District Judge Roberto A. Lange.

Markus Daniel Knight, age 34, was sentenced to 41 months in custody, followed by 2 years of supervised release, over $2,000 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.

Knight was indicted for Second Degree Burglary and Larceny by a federal grand jury on December 9, 2014. He pled guilty to Second Degree Burglary on July 13, 2015.

The conviction arose from a December 4, 2014, incident at Timber Lake, when Knight failed to return a borrowed vehicle to the owner.  The vehicle’s owner reported the vehicle as stolen.  Knight drove the stolen vehicle to another residence, where he stole property valued in excess of $4,000.

This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Jay Miller prosecuted the case.

Knight was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.

United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Involuntary Manslaughter was sentenced on October 6, 2015, by U.S. District Judge Roberto A. Lange.

Jason Kimmel, Sr., age 35, was sentenced to 48 months in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Kimmel was indicted by a federal grand jury on April 14, 2015.  He pled guilty on July 20, 2015.

The conviction stemmed from an incident on March 1, 2015, when Kimmel, who was driving a 2001 Chevrolet Blazer, was involved in a single vehicle wreck on a roadway near the Rosebud Adult Corrections Facility in Rosebud.  Robert “Oscar” Kills and Keith Sun Bear were passengers in the vehicle.  Kimmel was driving erratically and lost control of the vehicle.  Sun Bear was ejected, Kimmel was found inside the vehicle, and Kills was found outside the vehicle.

Witnesses to the accident called 911, and Rosebud Sioux Tribe Law Enforcement Services officers responded to the scene.  Sun Bear was pronounced dead at the scene.  Kimmel and Kills were transported to the Indian Health Services hospital for their injuries.  Kimmel consented to a blood draw while at the hospital.  The blood sample was sent to the South Dakota Department of Health Lab for testing, and the report indicated that Kimmel’s blood alcohol concentration was .345 immediately following the accident.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation.  Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.

Kimmel was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Assault with a Dangerous Weapon and Prohibited Person in Possession of Ammunition was sentenced on October 5, 2015, by U.S. District Judge Roberto A. Lange.

Randy Harlan Arcoren, Jr., age 33, was sentenced to 44 months in custody on each count to be served concurrently, followed by 2 years of supervised release, and a special assessment of $200 to the Federal Crime Victims Fund.

Arcoren was indicted by a federal grand jury on April 14, 2015. He pled guilty on July 20, 2015.

Arcoren was convicted of a federal crime and was sentenced in 2006 to 51 months in custody.  On March 3, 2015, Arcoren was with his girlfriend, the victim, at their trailer home in St. Francis.  Arcoren and the victim began to argue, and Arcoren threw objects at the victim and threatened physical harm.  Arcoren then hit the victim on her arms with a tent stake that he had sharpened. The argument lasted several hours and Arcoren and the victim moved between the trailer home and the victim’s vehicle, and at one point Arcoren drove the victim to another property.  Throughout the course of the argument, Arcoren had in his possession forty rounds of Federal .22 caliber ammunition, and thirty-seven rounds of Remington .22 caliber ammunition.

A Special Agent with the Bureau of Alcohol, Tobacco, Firearms, and Explosives performed an interstate nexus on the ammunition in Arcoren’s possession and determined that the ammunition is defined as ammunition, and that it was not manufactured in the state of South Dakota.  Accordingly, the ammunition was shipped or transported in interstate commerce.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.

Arcoren was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that a Parmelee, South Dakota, man convicted of Assaulting a Federal Official was sentenced on October 6, 2015, by U.S. District Judge Roberto A. Lange.

Randy Running Horse, age 38, was sentenced to 14 months in prison, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Running Horse was indicted by a federal grand jury on May 12, 2015.  He pled guilty to the indictment on July 20, 2015.

The conviction arose from incidents that occurred on April 4, 2015, at Rosebud, when Running Horse struck a medical provider who was rendering him medical care.  Running Horse was intoxicated, had been injured, and was at the Rosebud Indian Health Services (IHS) Hospital receiving stitches.  He was being treated by medical providers, but became belligerent and used his fist to strike an IHS nurse in the head.  A security guard and a Rosebud Sioux Tribe Law Enforcement Services officer responded to the assault, and Running Horse was arrested.  Running Horse was hostile towards the security guard and the police officer, and also threatened the police officer and the officer’s family.  Later, he was uncooperative with jail staff.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services.  Supervisory Assistant U.S. Attorney Tim Maher prosecuted the case.

United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on October 5, 2015, by U.S. District Judge Roberto A. Lange.

Aaron DeWayne Goodface, III, age 35, was sentenced to 119 months in custody, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Goodface was indicted by a federal grand jury on May 12, 2015.  He pled guilty on July 13, 2015.

The conviction stems from an incident on April 25, 2015, when the Lower Brule Police Department investigated an incident where Goodface had assaulted his aunt.

The officer entered the residence and saw that the victim was bleeding from her face, and blood was found on pillows, bedding, and some clothing.  Goodface had just gone into the bathroom, and the officer knocked on the door and asked Goodface to exit the bathroom.  Goodface first ignored the officer’s commands, but then opened the door.  The officer ordered him to his knees, and again Goodface ignored him.  The officer ordered him once more to get on his knees and drew his taser gun.  At that point, Goodface complied and was taken into custody.

The victim was taken to the hospital.  A special agent from the Bureau of Indian Affairs was able to speak with the victim, who explained that Goodface hit her in the face multiple times with a flashlight.  The victim had a large gash to her forehead that required several sutures to close the laceration. She also had a second laceration near her right ear that required 2 sutures to close, two fractured ribs, and bleeding on the brain that required regular monitoring.  She spent several days in the hospital.

This case was investigated by the Bureau of Indian Affairs, Lower Brule Agency.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

Goodface was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man convicted of Felon in Possession of Firearm was sentenced on October 7, 2015, by U.S. District Judge Roberto A. Lange.

Christopher Allen Harrison, age 40, was sentenced to 46 months in custody, followed by 2 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.

Harrison was indicted by a federal grand jury on May 12, 2015.  He pled guilty on June 23, 2015.

The conviction stemmed from an incident on April 26, 2015, when officers from the Bureau of Indian Affairs received a call advising them that Harrison was at a home in Fort Thompson, and he needed to be removed. An officer responded, and as he pulled up to the home, Harrison was on the porch and fired shots from a shotgun into the air.  Backup was called and when they arrived, Harrison was sitting on the porch with the shotgun pointed at himself, and his family members were begging him to cooperate.

Multiple officers responded and attempted to get Harrison to put down the gun. He ignored the officers and went in and out of the house with the shotgun. After a standoff with the officers, Harrison finally threw the shotgun out of the residence and was taken into custody.

Harrison was convicted of a federal offense in the United States District Court, District of South Dakota in 1998, and consequently Harrison is a prohibited person and may not lawfully possess any firearms.

This case was investigated by the Bureau of Indian Affairs and the Office of Alcohol, Tobacco, Firearms & Explosives.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

Harrison was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that a Cherry Creek, South Dakota, man convicted of Abusive Sexual Contact with a Person Incapable of Consenting was sentenced on October 6, 2015, by U.S. District Judge Roberto A. Lange.

Andre Marshall, age 30, was sentenced to 36 months in custody, followed by 5 years of supervised release, $368.20 in restitution to the victim, and a $100 special assessment to the Federal Crime Victims Fund.

Marshall was indicted by a federal grand jury on February 11, 2015.  He pled guilty on June 29, 2015.

The conviction stemmed from an incident on September 29, 2014, when Marshall was at a drinking party in Cherry Creek, and hanging out with the victim.  The victim drank to the point of intoxication and went to sleep in the house.  Marshall entered the room she was in, approached the sleeping victim, and began to touch her inappropriately.  Marshall knew the victim was incapable of participating in, or communicating her unwillingness to engage in, sexual contact at that time.

This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

Marshall was immediately turned over to the custody of the U.S. Marshals Service.

Randolph J. Seiler has received the official nomination by President Barack Obama to be the 41st United States Attorney for the District of South Dakota. Prior to this White House nomination, Seiler has served as the Acting U.S. Attorney since March 12, 2015.

Pursuant to an order signed by U.S. Attorney General Loretta Lynch on October 6, 2015, Seiler was sworn in that same day by U.S. District Judge Roberto A. Lange at a ceremony at the U.S. District Courthouse in Pierre, South Dakota.

“It is with tremendous gratitude and appreciation that I have received the White House nomination to be the  41st U.S. Attorney for the District of South Dakota,” said U.S. Attorney Randy Seiler.  “I feel privileged and honored, but it is also an awesome responsibility.  The mission of pursuing justice is so incredibly pure, impactful, and fulfilling.  I can’t envision a more rewarding line of work, than to help deliver justice on behalf of victims of violent crimes, for citizens suffering civil rights violations, victims of fraud and public corruption, and the myriad of other crimes dealt with in the U. S. Attorney’s Office.

One of the most crucial aspects of this position is the work we do in Indian country.  I’ll continue to enhance our outreach and prosecutions on our state’s nine reservations, and strive to give a voice to those who don’t have one.  Working with my staff, and shoulder to shoulder with our law enforcement partners, I look forward to this next chapter, and am excited to officially take over the reins of U. S. Attorney.” 

Randy Seiler has been with the U.S. Attorney’s Office for 20 years.  From November 2009 to March 2015, Seiler served as both the First Assistant United States Attorney and the Tribal Liaison for the District of South Dakota.  Prior to serving in those two capacities, Seiler was an Assistant U.S. Attorney, and he spent 14 years prosecuting violent crime offenses in Indian country and other areas throughout the state.  The U.S. Attorney’s Office for the District of South Dakota has jurisdiction on nine Indian reservations.

As First Assistant, Seiler was responsible for the day-to-day management and operation of the U.S. Attorney's Office.  He was also the supervisor of the U.S. Attorney’s branch office in Pierre, where he was directly involved in prosecutorial matters and decisions.

As Tribal Liaison, he consulted and coordinated with tribal justice officials and leaders, tribal communities, and victim advocates in an effort to address any issues in the prosecution of major crimes in Indian country in South Dakota.

Seiler also served as counsel to the Director in the Executive Office for U.S. Attorneys at the Department of Justice in Washington, D.C., in 2008.  He has been an instructor at the National Advocacy Center in Columbia, South Carolina, as well as a presenter at numerous conferences and trainings on various topics including violent crime, sexual assault, domestic violence, and legal issues in the prosecution of crimes in Indian country.

He has received the Attorney General's Award for Fraud Prevention, as well as the Director's Award for Superior Performance in Indian Country.

Prior to joining the U.S. Attorney's Office in 1995, Seiler was in private practice in Mobridge, South Dakota, where he practiced criminal and civil law.  He also previously served as Campbell County Deputy States Attorney and Special Judge for the Cheyenne River Sioux Tribe.

As U.S. Attorney, Seiler will continue with the priority areas of the office, and he will maintain the strong commitment to prosecuting Indian country crimes and human trafficking.

Seiler grew up in Herreid, South Dakota, served his country in the U.S. Air Force, which included a year-long tour in Vietnam, and graduated from the University of South Dakota School of Law.

He and his wife, Wanda, live in Fort Pierre, and have four grown children and two grandchildren.

Seiler’s nomination will be sent to the United States Senate for confirmation.

WASHINGTON – Late yesterday, a federal judge in South Dakota issued a permanent injunction against Robert “Larry” Lytle of Rapid City, South Dakota and his medical device businesses, the Justice Department announced.  Lytle marketed laser devices to treat a variety of medical conditions and diseases through several entities, including QLasers PMA and 2035 PMA, and is the owner and operator of 2035 Inc.

In October 2014, the Justice Department brought a civil action to enforce provisions of the federal Food, Drug and Cosmetic Act (FDCA).  As the court found, Lytle and his businesses violated the FDCA by marketing and distributing the QLaser devices nationwide for the treatment of more than 200 different diseases and medical disorders without clearance or approval from the U.S. Food and Drug Administration (FDA).

“We brought this lawsuit because Mr. Lytle had been putting consumers at risk, while attempting to evade the FDCA – a law Congress enacted to protect public health and safety,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division.  “It is especially noteworthy and gratifying that the Department was able to obtain some recompense for the innocent consumers whom Lytle victimized.”

According to the complaint and evidence adduced at a trial, Lytle has been distributing the QLaser devices with false and misleading labeling claims, touting their use for treating such serious conditions as cancer, HIV/AIDS and diabetes.  Although two of the devices are cleared for providing temporary relief of pain associated with osteoarthritis of the hand, none of the devices have been cleared by the FDA or otherwise approved to treat any other medical conditions.  Moreover, using the QLaser devices can be harmful in certain situations, and its use to treat other serious conditions, is unsupported by any published clinical studies.

The permanent injunction issued yesterday by U.S. District Court Chief Judge Jeffrey L. Viken follows a trial held in March 2015, in which the government established that the QLaser’s labeling was false and misleading and that, in fact, using the lasers according to their directions could be dangerous to health.  Yesterday’s court order requires that Lytle and his businesses cease directly or indirectly manufacturing, packing, labeling and/or distributing any medical device unless and until they comply with certain terms of the injunction.

The court also ordered Lytle to refund the full amount consumers paid for their QLaser devices, whether the devices were purchased directly from Lytle’s businesses or through one of his several distributors.  Depending on the specific package purchased, each consumer typically paid between $4,295 and $12,600, according to the evidence before the court.  Lytle has admitted that he has sold at least 20,000 devices since 1998.

Lytle is required to pay the United States $10,000 per day for any violation of the permanent injunction, and is subject to other sanctions, including fines and imprisonment, for failing to comply.

“This ruling will help restore consumer confidence and send a strong message that a company cannot exercise blatant disregard of the law, especially when consumers’ health is at risk,” said U.S. Attorney Randolph J. Seiler of the District of South Dakota.  “Justice has been served with this permanent injunction, and it will prohibit Mr. Lytle from continuing to thumb his nose at federal regulations that protect public health and safety.”

“Robert Lytle and his businesses ignored previous FDA warnings and continued to produce and distribute these devices in violation of federal law,” said Acting Director Jan Welch of the Office of Compliance in the FDA’s Center for Devices and Radiological Health.  “The FDA will remain vigilant in protecting the health of the American public by ensuring that medical devices are shown to be safe and effective before being used by patients.”

The government’s case is being handled by Trial Attorney Ross S. Goldstein of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Camela C. Theeler of the District of South Dakota.  Sonia Nath, with the FDA’s Office of Chief Counsel, is assisting with this case.

Acting United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Third Degree Burglary and Aiding and Abetting was sentenced on September 29, 2015, by U.S. District Judge Roberto A. Lange.

Nicola Black Lance, age 19, was sentenced to time served, 6 months in a Residential Re-Entry Center, 18 months of supervised release, a $100 special assessment to the Federal Crime Victims Fund, and $8,638.31 restitution joint and several.

Black Lance was indicted by a federal grand jury on November 13, 2014.  He pled guilty on June 29, 2015.

On or about August 24, 2014, Black Lance, co-defendant Preston White Feather, and two juveniles, broke into the Todd County government building in Mission and stole property, including firearms.  The group also caused property damage to the building.  While some of the co-defendants devised the plan and some took part in the burglary, they all aided and abetted the burglary.

This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Tim Maher prosecuted the case.  

Acting United States Attorney Randolph J. Seiler announced that the Office of Community Oriented Policing Services (COPS) has funded three awards in the District of South Dakota.  In FY 2015, approximately $107 million was awarded nationally through the COPS Hiring Program, including $662,005 for the District of South Dakota.

The list of FY 2015 grantees includes: City of Sioux Falls Police Department awarded $375,000 to fund 3 officers; City of Eagle Butte awarded $171,000 to fund 1 officer; and Sisseton Wahpeton Law Enforcement awarded $116,005 to fund 1 officer.

The COPS Hiring Program provides grants to state, local and tribal law enforcement agencies to hire or rehire community policing officers. The program provides salaries and benefits for officer and deputy hires for three years.

The COPS Office is a federal agency responsible for advancing community policing nationwide.  Since 1995, COPS has invested over $14 billion to advance community policing, including grants awarded to more than 13,000 state, local, and tribal law enforcement agencies to fund the hiring and redeployment of approximately 127,000 officers, and provide a variety of knowledge resource products including publications, training, and technical assistance.

For the entire list of grantees and additional information about the 2015 COPS Hiring Program, visit the COPS website at www.cops.usdoj.gov.

Acting United States Attorney Randolph J. Seiler announced that a Harrold, South Dakota, man convicted of Domestic Assault by an Habitual Offender was sentenced on September 28, 2015, by U.S. District Judge Roberto A. Lange.

Lonnie Patrick Big Eagle, age 39, was sentenced to 33 months in custody, followed by 2 years of supervised release, $78.20 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.

Big Eagle was indicted by a federal grand jury on January 14, 2015.  He pled guilty on July 6, 2015.

The conviction stemmed from an incident between August 9, 2014, and August 10, 2014, when the victim, who had been in a relationship with Big Eagle for several years and has five children with him, went to the pow wow in Lower Brule.  She took four of her five children with her and left her youngest son with Big Eagle.  She started receiving phone calls that Big Eagle was drunk and she returned home.  Once she got there, the victim went inside the house, and Big Eagle came in after her and started telling her she was not going anywhere.  He also made accusations against her and called her names. Big Eagle threatened to break the windows of the victim’s vehicle and knocked her phone out of her hand.  She tried to get in her car, but Big Eagle struck the window with a lawn chair, so she went around her car in order to avoid getting hit by Big Eagle.

Big Eagle started kicking the victim, who then fell, stood back up, and went around the vehicle.  Big Eagle continued to follow her and grabbed her shirt.  She tripped and fell to the ground, and Big Eagle got on top of her and hit her in the face multiple times, causing blood to run down her face. The assault ended when Big Eagle’s brother intervened to help the victim.  The victim then went to her aunt’s house to get help, and was seen by an ambulance attendant.

Big Eagle has several prior arrests and two prior convictions for domestic violence.

This case was investigated by the Bureau of Indian Affairs, Crow Creek Agency.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

Big Eagle was immediately turned over to the custody of the U.S. Marshals Service.

Acting United States Attorney Randolph J. Seiler announced that Warren Purvis, age 24, of Timber Lake, South Dakota, was found guilty of Simple Assault as a result of a court trial in Pierre, South Dakota.

Purvis was charged by Information on September 10, 2015. The charge carries a maximum penalty of 6 months in custody and/or a $5,000 fine, and a $10 special assessment to the Federal Crime Victims Fund. 

The conviction arose from a September 8, 2015, incident when Purvis and the victim had a disagreement and he hit her. The victim attempted to call the police, and Purvis took her phone away. He later gave her the phone back and she was able to call 911.

This case was investigated by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.

Purvis was sentenced to time served, 8 days, and a $10 special assessment to the Federal Crime Victims Fund.

Acting United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Abusive Sexual Contact by Force was sentenced on September 21, 2015, by U.S. District Judge Charles B. Kornmann.

Brian Ducheneaux, age 40, was sentenced to 110 months in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Ducheneaux was indicted by a federal grand jury on February 11, 2015. He pled guilty on June 22, 2015.

The conviction stemmed from an incident which occurred in October 2014.  Ducheneaux, who was staying with family in Wakpala, South Dakota, entered a bedroom belonging to young girls.  Once inside the bedroom, Ducheneaux laid on the bed next to the victim and placed his hands between her legs, making direct skin to skin contact with her genitalia.

This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

Ducheneaux was immediately turned over to the custody of the U.S. Marshals Service.

Acting United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man was acquitted of Aggravated Sexual Abuse as a result of a federal jury trial in Aberdeen, South Dakota, on September 15, 2015.

John Eagle, age 30, was indicted by a federal grand jury on April 14, 2015.

The charge stemmed from an alleged March 2015 incident, when Eagle allegedly sexually abused a female acquaintance.

The investigation was conducted by the Federal Bureau of Investigation, and the Bureau of Indian Affairs, Standing Rock Agency. The U.S. Attorney's Office prosecuted the case.

Acting United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man convicted of Assaulting, Resisting and Impeding a Federal Officer was sentenced on September 28, 2015, by U.S. District Judge Roberto A. Lange.

Tony O. St. John, a/k/a Anthony St. John, age 26, was sentenced to 17 months in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

St. John was indicted by a federal grand jury on October 15, 2014.  He pled guilty on July 6, 2015.

The conviction stemmed from an incident on September 30, 2014, when a Bureau of Indian Affairs (BIA) officer was called to the Lodestar Casino in Fort Thompson, due to a report of an unknown male attempting to get the keys of a vehicle from a female patron of the casino.  The officer arrived at the casino and spoke with the patron, who advised that as she was walking to her vehicle in the casino parking lot, she unlocked the door with her remote control.  As she approached her vehicle, the man walked up to her and demanded that she give him the keys to her vehicle. She locked the doors again and walked quickly back into the casino and notified security.

As the officer was talking with the woman, others in the casino advised him that the man was back in the parking lot. The officer approached the man, identified as St. John, and directed him to walk towards the officer. St. John did not comply and took off running.  Another BIA officer came to assist and both officers attempted to stop St. John, who continued to run and not follow commands. The second officer and St. John struggled on the ground, as the first officer attempted to get St. John in handcuffs.  At this time, St. John kicked the second officer in the face, while the first officer was still attempting to place a resistant St. John in handcuffs.  St. John then reached for the second officer’s gun in his holster, and was maced by the first officer with limited effect.  As the first officer was trying to get the handcuffs on St. John, he pulled that officer’s hand, causing his thumb and finger to bend backwards.  The officers were finally able to place handcuffs on St. John, who continued to struggle as they walked him to the car. Both officers received medical treatment and were employed as BIA officers and on duty at the time of the assault.

This case was investigated by the BIA, Crow Creek Agency.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

St. John was immediately turned over to the custody of the U.S. Marshals Service.

Acting United States Attorney Randolph J. Seiler announced that Neal LaPointe, age 31, of Sacramento, California, appeared before U.S. District Judge Roberto A. Lange on September 28, 2015, and pled guilty to an Indictment that charged him with Sexual Exploitation of a Child, and Distribution of Material Involving the Sexual Exploitation of Minors.  He also pled guilty to a separate Indictment charging him with Failure to Appear.      

The maximum penalty upon conviction is up to 60 years in custody and/or a $250,000 fine, life of supervised release, and $300 to the Federal Crime Victims Fund. Restitution may also be ordered.

The charges involving the Sexual Exploitation of a Child and Distribution of Material Involving the Sexual Exploitation of Minors stem from incidents between March 1, 2012, and April 30, 2013.  During that timeframe, LaPointe was living in California, and under the guise of various aliases and online identities, would use computers, the internet, and the social networking site Facebook to solicit images of minors engaging in explicit sexual conduct, and would then distribute these images via computer and over the internet. Some of the minor victims lived on the Rosebud Sioux Indian Reservation and elsewhere in South Dakota.

The Failure to Appear charge stems from an incident when the Court allowed LaPointe to be released, ordered him on electronic monitoring, and to reside with a third party on the Rosebud Sioux Indian Reservation.  LaPointe failed to appear for his next court appearance on July 14, 2014, and his whereabouts were unknown until February 13, 2015, when he was apprehended in Miami, Florida.

The investigation was conducted by the Federal Bureau of Investigation, South Dakota Division of Criminal Investigation, South Dakota Internet Crimes Against Children Task Force, Rosebud Sioux Tribe Law Enforcement Services, Bureau of Indian Affairs, Pennington County Sheriff’s Office, Rapid City Police Department, Sioux Falls Police Department, and the U.S. Marshals Service.  Assistant U.S. Attorneys Tim Maher and Sarah Collins are prosecuting the case.

A presentence investigation was ordered and a sentencing date has been set for December 21, 2015.  The defendant was remanded to the custody of the U.S. Marshals Service pending sentencing.

Acting United States Attorney Randolph J. Seiler announced that the Disabilities Rights Conference will be held on Wednesday, October 21, 2015.  The conference will be held at the Sioux Falls Convention Center, located at 1101 N. West Avenue in Sioux Falls, South Dakota.  The conference is co-sponsored by Avera Health and LifeScape. 

In conjunction with the 25th anniversary of the Americans with Disabilities Act, and October’s designation as National Disability Employment Awareness Month, the conference is designed to raise awareness about the rights of persons with disabilities, and to educate the public about its role in protecting those rights.

The conference agenda is geared towards physicians, nurses, health care administrators, social workers, counselors, behavioral health professionals, long term care administrators, attorneys, law enforcement, business owners, state officials, federal officials, local officials, tribal officials, educators, and school administrators.  The one-day conference will begin at 8:00 am and conclude at 5:30 pm.  Registration opens at 7:30 am.

Among the featured speakers will be Heather Abbott, a Boston Marathon Bombing Survivor, whose presentation will focus on Thriving Instead of Surviving.  Also featured will be Jeffrey Cain, MD, FAAFP. Dr. Cain has been practicing and teaching family medicine in Denver, Colorado for over 30 years, where he now serves as an Associate Professor of Family Medicine at the University of Colorado.  A past President and Board Chair of the American Academy of Family Physicians, Dr. Cain was honored in 2013 by Modern Healthcare as one of the 100 Most Influential People in Healthcare in the country.  The conference will also highlight Mario Arnauz Bonds, a motivational speaker and singer/songwriter.  Born with Morning Glory Syndrome, a degenerative condition that gradually took his sight, Bonds will share with the audience a message about his childhood, which depicts triumphs over abuse and abandonment, and his adjustment and acceptance of going totally blind.

The luncheon speaker will be South Dakota State Senator Billie Sutton, who will talk about learning to live with a disability.  As the result of a rodeo injury in 2007, Sutton suffered a paralyzing spinal cord injury.

Panel discussions will address substantive areas of disability rights, learning to live with an acquired disability, and respect for people with disabilities.  Additionally, Dan Lusk, Division Director for Developmental Disabilities for the South Dakota Department of Human Services, will close the conference with a presentation on Home and Community Based Services: Supporting Community Integration.

The conference is free and open to the public.

For the full conference agenda and to register, please follow this link: www.avera.org/disabilitiesconference

Acting United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, woman convicted of Assault Resulting in Serious Bodily Injury was sentenced on September 14, 2015, by U.S. District Judge Roberto A. Lange.

Leaf Colette Byington, age 33, was sentenced to 33 months in custody, followed by 2 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.

Byington was indicted by a federal grand jury on March 10, 2015. She pled guilty on June 23, 2015.

The conviction stems from an incident on October 24, 2014, when Byington and other persons, including the victim, were consuming alcohol together in Lower Brule. At some point in the early morning hours, Byington and two others were outside arguing. The victim heard the commotion and went outside, where Byington hit the victim in the face and the two began to fight. Byington then stabbed her in the back of the head and ear with a knife.  Others intervened in an effort to stop the fight.

When law enforcement arrived at the residence, individuals advised the officer that Byington had stabbed the victim. EMTs were called.

The officer then proceeded over to Byington’s home where he had contact with Byington. She had some blood on her clothes and a knife was seized. A second knife was found on Byington’s person during the booking process at the jail.

The victim was treated at the emergency room in Chamberlain, where she had a significant wound to the back of her head and ear that required over 20 staples to close.

This case was investigated by the Bureau of Indian Affairs, Lower Brule Agency.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

Byington was immediately turned over to the custody of the U.S. Marshals Service.