District of South Dakota

United  States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting and Impeding two federal contract officers.

William Pay Pay, age 51, was indicted on February 12, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on February 18, 2014, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

Pay Pay is alleged to have forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with two different Cheyenne River Sioux tribal law enforcement officers in December 2013 in Eagle Butte. The incident resulted in bodily injury to and physical contact with the law enforcement officers.

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

The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.   

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

United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse by Force.

Brad Lee Red Bear, age 23, was indicted on February 12, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on February 18, 2014, and pled not guilty to the Indictment.

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

Red Bear is alleged to have forcibly sexually assaulted a woman in December 2013 in Eagle Butte, South Dakota. The charge is merely an accusation and Red Bear is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.    

Red Bear was released on bond.  A trial date has not been set.

United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man has been indicted by a federal grand jury for First Degree Burglary, Assault with a Dangerous Weapon, Use of a Firearm During a Crime of Violence, and Possession with Intent to Distribute a Controlled Substance.

Rigoberto Ortiz, age 45, was indicted on February 12, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on February 14, 2014, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, 5 years of supervised release, and up to $500 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about December 18, 2013, Ortiz unlawfully entered a residence, assaulted two victims with a firearm, and possessed marijuana that he intended to distribute.

The charges are merely accusations and Ortiz is presumed innocent until and unless proven guilty. 
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Jay Miller is prosecuting the case.   

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

United States Attorney Brendan V. Johnson and South Dakota Attorney General Marty J. Jackley announced that eighteen (18) individuals have pleaded guilty and were sentenced in both State and Federal Court to fines, restitution, and civil damages in excess of $235,000 for wildlife violations that occurred at a commercial hunting operation in Todd County, South Dakota between 2008-2012.

The investigation conducted by the U.S. Fish and Wildlife Service, South Dakota Department of Game, Fish and Parks, Iowa Department of Natural Resources, and the Rosebud Sioux Tribe revealed that John and Kathryn Chauncey hosted paying hunting clients from Michigan, Texas, and New Jersey for guided deer and pheasant hunts on their property known as Rock Creek Ranch.  The investigation documented that John and Kathryn Chauncey, along with several of their hunting clients, unlawfully killed and possessed a minimum of fifty-six (56) deer, hawks, owls, badgers, and turkeys.  The value of the unlawfully killed wildlife was documented to be over $70,000.

“This is one of the largest wildlife cases in South Dakota history.  It is important to recognize the efforts of the state and federal officers involved in this investigation,” said Jeff Vonk, Secretary of the South Dakota Department of Game, Fish and Parks.  “Additionally, I would like to recognize the concerned citizens who provided critical pieces of information to state officers that initially triggered the investigation.  Thanks to all involved for a job well done.”

John Chauncey pled guilty in Federal Court to a felony charge of Conspiracy to violate the Lacey Act and multiple counts of Unlawful Possession of wildlife in State Court.  He was sentenced to two (2) months in custody and ordered to pay $92,285.

Kathryn Chauncey pled guilty in Federal Court to violating the Migratory Bird Treaty Act and unlawfully transferring a hunting license in State Court.  She was sentenced to probation and ordered to pay $10,500.

“The Rock Creek Ranch investigation exposed the large-scale illegal commercial exploitation of South Dakota wildlife resources,” said William C. Woody, Assistant Director for Law Enforcement of the U.S. Fish and Wildlife Service.  “This case shows the importance of Federal and State officers working together to protect our resident wildlife species.” 

Sixteen (16) other defendants also pled guilty to State and Federal wildlife violations as a result of the investigation and were sentenced to fines ranging from $500 to more than $26,000 per person.  Collectively, the defendants in this case had their hunting privileges revoked for forty-five (45) years and were additionally sentenced to nineteen (19) years of probation.

U.S. Attorney Johnson and South Dakota Attorney General Jackley lauded the investigation.  “We will continue bring to justice those who flaunt South Dakota’s wildlife laws,” said Johnson.  “I commend the work of our state and federal law enforcement partners who vigilantly protect our natural resources.” 
“The State of South Dakota provides sportsman with an abundance of wildlife to enjoy" said Jackley. "As your Attorney General, I am committed to protecting this valuable resource for all South Dakotans to experience." 

Assistant U.S. Attorney Meghan N. Dilges and Special Assistant Attorney General Paul Bachand prosecuted the case.

United States Attorney Brendan V. Johnson announced that a Wanblee, South Dakota, man has been indicted by a federal grand jury for two charges of Aggravated Sexual Abuse by Force and two charges of Sexual Abuse.

Jason Poor Bear, age 39, was indicted on December 17, 2013.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on February 11, 2014, and pled not guilty to the Indictment.

The maximum penalty upon conviction is life imprisonment and/or a $250,000 fine, and a lifetime of supervised release.

The charges relate to an incident that happened in Wanblee in May of 2013, when Poor Bear used force to engage in sexual acts with a female who was physically incapable of declining participation.  An object is alleged to have been used to accomplish some of these sexual acts.

The charges are merely accusations and Poor Bear is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Bureau of Indian Affairs Office of Justice Services, the Federal Bureau of Investigation, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.

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

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on February 10, 2014, by U.S. District Judge Roberto A. Lange.

Jason Riley, age 36, was sentenced to 6 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Riley was indicted for Assault Resulting in Serious Bodily Injury by a federal grand jury on November 8, 2011.  He pled guilty on November 19, 2013.

On October 13, 2010, Riley was at the Sicangu Village Housing on the Rosebud Sioux Indian Reservation.  The victim approached Riley and asked for a cigarette.  A verbal disagreement ensued and Riley struck the victim.  The victim was also kicked by another man while he was on the ground.  The victim suffered multiple abrasions, soft tissue bruising, and a nose bone fracture.

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

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

United States Attorney Brendan V. Johnson announced that a Porcupine, South Dakota, man convicted of Child Abuse was sentenced on February 7, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Corey Good Crow, age 37, was sentenced to 2 years of imprisonment, 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.   

Between 2008 and 2010, near Porcupine, Good Crow engaged in a pattern of conduct that subjected a child to abuse and neglect, causing the child severe and permanent psychological injury.   

The investigation was conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. The case was prosecuted by Assistant U.S. Attorney Gregg S. Peterman.  

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

United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, man convicted of Abusive Sexual Contact was sentenced on February 3, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Patrick Left Hand Bull, age 40, was sentenced to 46 months of imprisonment, 10 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.   

In July 2013, near Pine Ridge, Left Hand Bull engaged in sexual contact with a woman who was unable to give consent. 

The investigation was conducted by Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.  The case was prosecuted by Assistant U.S. Attorney Sarah B. Collins.  

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

United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on February 7, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Michael Tobacco, age 22, was sentenced to 30 months in custody, 3 years of supervised release, and ordered to pay $40 in restitution and a $100 special assessment to the Federal Crime Victims Fund.

Tobacco was indicted on August 27, 2013, by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Substantial Bodily Injury to an Intimate Partner or Dating Partner.  He pled guilty to Assault with a Dangerous Weapon on October 31, 2013.

The conviction stems from an incident in June of 2013 at a home in Pine Ridge, wherein Tobacco dragged his juvenile girlfriend by the hair from one room to another, and then repeatedly slapped, punched, and kicked her.  This assault resulted in the female receiving a severely bruised eye that was swollen shut and numerous bruises all over her upper body.

This case was investigated by the Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

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

United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, woman has been indicted by a federal grand jury for Fraudulently Altered Money Order.

Jamie Walking Eagle, age 27, was indicted on August 21, 2013.  She appeared before U.S. Magistrate Judge Mark A. Moreno on February 10, 2014, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charge stems from an incident that took place on November 5, 2012, when Walking Eagle fraudulently passed a United States Postal Money Order purchased by another individual that was made payable to Estes Park Court in the amount of $215.00.  Walking Eagle had altered it to be made payable to her.

The charge is merely an accusation and Walking Eagle is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the U.S. Postal Inspection Service.  Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case.   

Walking Eagle was released on bond pending trial.  A trial date has not been set.

United  States Attorney Brendan V. Johnson announced that a Bonesteel, South Dakota, woman convicted of Child Abuse was sentenced on February 11, 2014, by U.S. District Judge Roberto A. Lange.

Maria Janis, age 35, was sentenced to 12 months and 1 day in custody, 3 years supervised release, a $100 special assessment to the Federal Crime Victims Fund and $17,123 in restitution.

Janis was indicted for Child Abuse by a federal grand jury on April 12, 2013.  She pled guilty on November 19, 2013.

Janis, her husband Robert Prue, and several minor children have lived in several states, including Arizona and Washington State before they moved to South Dakota and the Rosebud Sioux Indian Reservation in the spring of 2011.  Over an extended period of time, Janis learned Prue was sexually abusing some of the children.  Janis said she believed the children when they told her about the abuse, but would leave the children in Prue’s supervision nonetheless.  Janis was also aware Prue had methamphetamine and alcohol problems during the time he was around the children.

Once in South Dakota, Janis learned Prue was persisting in his efforts to sexually abuse some of the children.  Janis did not take steps to protect the children, but continued to expose them to harm by leaving them with Prue while she would leave the house.  Between June 22, 2011, and September 22, 2011, while in South Dakota, Prue engaged in efforts to accomplish sexual acts with one of the victims, a minor. 

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

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

United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man convicted of Abusive Sexual Contact was sentenced on February 10, 2014, by U.S. District Judge Roberto A. Lange.

Joseph Blue Bird, age 26, was sentenced to 36 months of custody, 5 years of supervised release, $43.50 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.  Blue Bird was also ordered to register as a sex offender.

Blue Bird was indicted by a federal grand jury on September 19, 2012. He pled guilty on November 19, 2013.

The conviction stems from an incident in May 2012, wherein the victim went to her neighbor's house in Rosebud for a social gathering.  Blue Bird was also present at the gathering.  The group socialized throughout the evening, and eventually the victim told a resident of the house that she was tired and was going to lie down on the couch.  The victim awoke to find that her pants were down and Blue Bird was on top of her, touching her genitalia.  Blue Bird then fled the residence without saying anything further to the victim.

This case was investigated by the Rosebud Sioux Tribal Police Department and the Federal Bureau of Investigation.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

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

United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, woman convicted of Concealing Person from Arrest was sentenced on February 3, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Tina Ladeaux, a/k/a Tina M. Cooper, a/k/a Tina Cooperboyd, age 41, was sentenced to 1 year of probation, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund and a $250 fine.   

Between September 2012 and November 2012, at Rapid City, Ladeaux concealed her husband, Eric Ladeaux, from law enforcement after she was informed that there was a warrant for his arrest for Escape on federal charges. 

The investigation was conducted by the U.S. Marshals Service. The case was prosecuted by Assistant U.S. Attorney Sarah B. Collins.  

United States Attorney Brendan V. Johnson announced that a Martin, South Dakota, woman convicted of Benefits Fraud was sentenced on February 7, 2014, by U.S. Magistrate Judge Veronica L. Duffy.

Kelly Cottier, age 54, was sentenced to one year of probation, and ordered to pay a $25 special assessment to the Federal Crime Victims Fund and restitution in the amount of $186.23.

Cottier pled guilty to making a purchase at Sam’s Club in Rapid City with unlawfully obtained Supplemental Nutrition Assistance Program (SNAP) benefits.

This case was investigated by the Federal Bureau of Investigation and the South Dakota Department of Social Services.  Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.

United States Attorney Brendan V. Johnson announced that a Martin, South Dakota, man convicted of Assault on a Federal Officer was sentenced on February 7, 2014, by U.S. Magistrate Judge Veronica L. Duffy.

Corey Whirlwind Horse, age 18, was sentenced to 3 years of probation, and ordered to pay a $25 special assessment to the Federal Crime Victims Fund.

Whirlwind Horse was indicted on September 24, 2013, by a federal grand jury for assaulting an officer employed by the Oglala Sioux Tribe Department of Public Safety on September 18, 2013.

This case was investigated by the Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

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

United States Attorney Brendan V. Johnson announced that a Martin, South Dakota, man convicted of Assault on a Federal Officer was sentenced on February 7, 2014, by U.S. Magistrate Judge Veronica L. Duffy.

Corey Whirlwind Horse, age 18, was sentenced to 3 years of probation, and ordered to pay a $25 special assessment to the Federal Crime Victims Fund.

Whirlwind Horse was indicted on September 24, 2013, by a federal grand jury for assaulting an officer employed by the Oglala Sioux Tribe Department of Public Safety on September 18, 2013.

This case was investigated by the Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

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

United  States Attorney Brendan V. Johnson announced that a Dupree, South Dakota, man convicted of Child Abuse was sentenced on February 10, 2014, by U.S. District Court Judge Roberto A. Lange.

Allen White, a/k/a AJ White, age 25, was sentenced to 12 months and 1 day in custody, 18 months of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

White was charged by Information for Child Abuse on November 15, 2013.  He pled guilty on November 18, 2013.

The charge stems from a September 19, 2013, incident that occurred near Dupree.  White was angry at his mother and threw a backpack at her that contained a sport energy drink that was full.  The heavy backpack missed White’s mother and instead struck the child victim in the head.

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

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

United   States Attorney Brendan V. Johnson announced that a Watertown, South Dakota, man charged with Unlawful Taking of Migratory Birds and Lacey Act Violations pled guilty and was sentenced on February 4, 2014, by U.S. Magistrate Judge William D. Gerdes.

Roger Meyer, age 53, was sentenced to 2 years of unsupervised probation, no hunting or guiding for 2 years, $550 in restitution to the U.S. Fish and Wildlife Services, a $3,000 fine, and $35 to the Federal Crime Victims Fund.

The conviction stems from incidents that took place in 2008 and 2009 when Meyer, doing business as Meyer Guide Service, guided paying clients on duck hunts on two separate occasions.  During these duck hunts, Meyer allowed and encouraged the hunters to exceed their daily limit of ducks.  Following the hunts, the ducks were not tagged properly and transported in violation of federal law.

The investigation was conducted by the U.S. Fish and Wildlife Services.  The case was prosecuted by Assistant U.S. Attorney Meghan N. Dilges. 

United  States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man convicted of Assault by Striking, Beating and Wounding and Simple Assault was sentenced on February 4, 2014, by U.S. Magistrate Judge William D. Gerdes.

Conrad Little Bear, age 54, was sentenced to 60 days of custody on each count to be served concurrently, and a $20 special assessment to the Federal Crime Victims Fund.

Little Bear was indicted by a federal grand jury on May 15, 2013.  He pled guilty on January 7, 2014.

The conviction stems from an incident on October 18, 2012, when Little Bear was informed by his brother that someone had broken into his house.  When he arrived at his home, the victim was asleep on a couch in his living room.  Little Bear then proceeded to tie up the victim, awaiting the arrival of law enforcement.  While waiting for law enforcement to arrive, Little Bear became irate about the situation and proceeded to strike the victim about the head and body, causing injury.  When law enforcement arrived, they found the victim bound and tied with a thick rope.  The victim was bleeding from the right ear, right eyebrow, and mouth.

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

Little Bear is to self-report to the U.S. Marshals Service on February 25, 2014.

United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, man convicted of Assault by Striking, Beating, and Wounding was sentenced on February 4, 2014, by U.S. Magistrate Judge Veronica L. Duffy.

Alexander Winter, age 27, was sentenced to 1 year in custody, 1 year of supervised release, and ordered to pay a $25 special assessment to the Federal Crime Victims Fund.

Winter was indicted for repeatedly punching a woman in the chest and face during an argument in March of 2013 at Pine Ridge.  This assault resulted in contusions, bruises, a bloody nose, a black eye, and a nasal fracture to the victim.

This case was investigated by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, man convicted of Assault by Striking, Beating, and Wounding was sentenced on February 4, 2014, by U.S. Magistrate Judge Veronica L. Duffy.

Alexander Winter, age 27, was sentenced to 1 year in custody, 1 year of supervised release, and ordered to pay a $25 special assessment to the Federal Crime Victims Fund.

Winter was indicted for repeatedly punching a woman in the chest and face during an argument in March of 2013 at Pine Ridge.  This assault resulted in contusions, bruises, a bloody nose, a black eye, and a nasal fracture to the victim.

This case was investigated by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

Winter was remanded to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that on January 29, 2014, U.S. District Judge Charles B. Kornmann entered a civil judgment in favor of the United States in the amount of $1,376,670 against Howard “Jack” Aleff and Reena Slominski, a married couple from Knoxville, Iowa.  Aleff and Slominski did business as L & J Wool & Fur, a South Dakota corporation.  They illegally submitted 132 separate false claims to the U.S. Department of Agriculture (USDA), Farm Services Agency (FSA), in Iowa and South Dakota.  

Over a period of six years, the couple presented bogus documents to the FSA, Commodity Credit Corporation, that appeared to be legitimate business transactions to support their requests for wool loan deficiency payments when in fact they owned no sheep.  As a result, the United States paid them $303,890 to which they were not entitled.

The False Claims Act (31 U.S.C. § 3729) imposes liability on persons and companies who knowingly submit false claims to the government or causes another to submit a false claim to the government, or knowingly makes a false record or statement to get a false claim or benefit paid by 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. 

Previously, Aleff and Slominski pled guilty to the criminal charge of Conspiracy to Defraud the United States, and on September 13, 2012, they were sentenced to five years’ probation, fined $60,000, and ordered to pay restitution of $303,890 to the Commodity Credit Corporation. 

The United States 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 USDA, Office of Inspector General (OIG).  Assistant U.S. Attorneys Thomas Wright and  Cheryl Schrempp DuPris prosecuted the criminal and civil cases respectively.

United States Attorney Brendan V. Johnson announced that a Martin, South Dakota, man convicted of Benefits Fraud was sentenced on February 3, 2014, by U.S. Magistrate Judge Veronica L. Duffy.

Walter York, age 34, was sentenced to one year of probation, and ordered to pay a $25 special assessment to the Federal Crime Victims Fund and restitution in the amount of $191.82.

York was indicted for making a purchase at Sam’s Club in Rapid City on July 10, 2011, with unlawfully purchased Supplemental Nutrition Assistance Program (SNAP) benefits.

This case was investigated by the Federal Bureau of Investigation and the South Dakota Department of Social Services.  Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.

United States Attorney Brendan V. Johnson announced that a Los Angeles, California, man charged with Assault by Striking, Beating and Wounding and Simple Assault pled guilty and was sentenced on February 4, 2014, by U.S. Magistrate Judge Mark A. Moreno.

Francisco Hernandez, Jr., age 41, was sentenced to 2 years’ probation on each count, to be served concurrently, and $20 to the Federal Crime Victims Fund.

The conviction stems from an incident that took place on January 21, 2013, in Timber Lake, in Indian country, when Hernandez, who had been drinking alcohol that morning, assaulted his girlfriend by striking her on the head and body while she attempted to leave the house with their children.

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

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man convicted of Possession of Child Pornography was sentenced on February 3, 2014, by U.S. District Judge Roberto A. Lange.

Jeremy Gunhammer, age 20, was sentenced to 36 months in custody, 5 years supervised release, a $100 special assessment to the Federal Crime Victims Fund, and was ordered to register as a sex offender.

Gunhammer was indicted for Possession of Child Pornography by a federal grand jury on June 12, 2013. He pled guilty on November 19, 2013.

The conviction stems from incidents that took place between January 1, 2013, and May 31, 2013, when Gunhammer used the Internet to receive and possess numerous images of child pornography.

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 prosecuted the case.   

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

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man convicted of Possession of Child Pornography was sentenced on February 3, 2014, by U.S. District Judge Roberto A. Lange.

Jeremy Gunhammer, age 20, was sentenced to 36 months in custody, 5 years supervised release, a $100 special assessment to the Federal Crime Victims Fund, and was ordered to register as a sex offender.

Gunhammer was indicted for Possession of Child Pornography by a federal grand jury on June 12, 2013. He pled guilty on November 19, 2013.

The conviction stems from incidents that took place between January 1, 2013, and May 31, 2013, when Gunhammer used the Internet to receive and possess numerous images of child pornography.

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 prosecuted the case.   

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

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, woman has been indicted by a federal grand jury for False Statements Relating to Health Care Matters and Attempt to Obtain Controlled Substance by Fraud.

Letha Leroy, age 48, was indicted on January 15, 2014.  She appeared before U.S. Magistrate Judge Mark A. Moreno on January 31, 2014, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charges stem from an incident that took place on January 23, 2013, when Leroy presented a forged prescription to a pharmacy to obtain Vicodin pills, knowing the prescription was falsified.

The charges are merely accusations and Leroy is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Office of Inspector General, Department of Health and Human Services.  Assistant U.S. Attorney Tim Maher is prosecuting the case.   

Leroy was released on bond pending trial.  A trial date has been set for March 25, 2014.

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, woman has been indicted by a federal grand jury for False Statements Relating to Health Care Matters and Attempt to Obtain Controlled Substance by Fraud.

Letha Leroy, age 48, was indicted on January 15, 2014.  She appeared before U.S. Magistrate Judge Mark A. Moreno on January 31, 2014, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charges stem from an incident that took place on January 23, 2013, when Leroy presented a forged prescription to a pharmacy to obtain Vicodin pills, knowing the prescription was falsified.

The charges are merely accusations and Leroy is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Office of Inspector General, Department of Health and Human Services.  Assistant U.S. Attorney Tim Maher is prosecuting the case.   

Leroy was released on bond pending trial.  A trial date has been set for March 25, 2014.

United States Attorney Brendan V. Johnson announced that a Columbia, California, woman and an Alberton, Montana, man have been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance.

Beth Swank, age 52, and Claudio Puccio, age 46, were indicted on January 15, 2014.  They appeared before U.S. Magistrate Judge Mark A. Moreno and pled not guilty to the Indictment.

The maximum penalty upon conviction is not more than 5 years in custody and/or a $250,000 fine, at least 2 years of supervised release, and up to $200 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on November 23, 2013, in Lyman County, South Dakota, Swank and Puccio did knowingly and intentionally possess with intent to distribute marijuana and hashish, both a Schedule I controlled substance.

The charges are merely accusations and Swank and Puccio are presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Division of Criminal Investigation.  Assistant U.S. Attorney Jay Miller is prosecuting the case.   

Swank and Puccio were remanded to the custody of the U.S. Marshals Service pending trial, which has been set for March 25, 2014.

United States Attorney Brendan V. Johnson announced that an Allen, South Dakota, man convicted of Larceny was sentenced on January 24, 2014, by U.S. Magistrate Judge Veronica L. Duffy.

Clarence Yellow Hawk, Sr., age 45, was sentenced to time served, and ordered to pay a $25 special assessment to the Federal Crime Victims Fund and $3,000 in restitution.  

In March of 2012, at Pine Ridge, Yellow Hawk and another person took three money orders belonging to someone else, arranged to have them cashed, and then kept part of the money for himself. 

The investigation was conducted by the Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. 

United States Attorney Brendan V. Johnson announced that two men from Sioux Falls, South Dakota, have been indicted by a federal grand jury for two counts of Possession with Intent to Distribute a Controlled Substance.

Dalton Rogers, age 23, and Ryan Quarve, age 23, were indicted by a federal grand jury on January 15, 2014.  They appeared before U.S. Magistrate Judge Mark A. Moreno on January 22, 2014, and pled not guilty to the Indictment.

The maximum penalty upon conviction is 5 years of custody and/or a $250,000 fine, at least 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

On October 18, 2013, in Lyman County, South Dakota, a traffic stop by the South Dakota Highway Patrol found that Rogers and Quarve knowingly and intentionally possessed with intent to distribute marijuana and hashish. 

The charges are merely an accusation and Rogers and Quarve are presumed innocent unless and until they are proven guilty. 

The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force.  The case is being prosecuted by Assistant U.S. Attorney Jay Miller.

Rogers and Quarve were released on bond pending trial.  A trial date has not been set. 

United  States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, woman has been indicted by a federal grand jury for Arson.

Mary Peneaux, age 25, was indicted on November 14, 2013.  She appeared before U.S. Magistrate Judge Mark A. Moreno on January 28, 2014, and pled not guilty to the Indictment.

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

The charge relates to an incident on March 23, 2013, when Peneaux allegedly set fire to and burned the victim’s residence. The charge is merely an accusation and Peneaux is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case.   

Peneaux was released on bond pending trial.  A trial date has not been set.

United  States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Phillip Little Hoop, age 31, was indicted on January 15, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on January 24, 2014, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, life of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

On four separate incidents starting on or about September 1, 2013, until January 14, 2014, Little Hoop, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under federal law, knowingly failed to register and update his registration.

The charge is merely an accusation and Little Hoop is presumed innocent until and unless proven guilty
. 
The investigation is being conducted by the U.S. Marshals Service, South Dakota Division of Criminal Investigation, and the Mitchell Police Department.  Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case.   

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

United  States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, Opposing, and Impeding a Federal Officer.

Jeremy Waln, age 32, was indicted on April 12, 2013.  He appeared before U.S. Magistrate Judge Mark A. Moreno on January 24, 2014, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 8 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charge stems from an incident that took place on February 14, 2013, when Waln assaulted a law enforcement officer. The charge is merely an accusation and Waln is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Tim Maher is prosecuting the case.   

Waln was released to a third party custodian pending trial.  A trial date has not been set.

United  States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Attempted Enticement of a Minor Using the Internet and Attempted Transfer of Obscene Material to a Minor.

Casey James Godfrey, age 27, was indicted on January 22, 2014.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on January 24, 2014, and pled not guilty to the Indictment.  

The penalty upon conviction is a mandatory minimum of 10 years’ imprisonment up to life imprisonment and/or a $250,000 fine, lifetime  supervised release, and a $100 assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment charges that Godfrey used the Internet to entice a girl under the age of 18 to engage in sexual activity and to send obscene matter to the girl.

The charges are merely accusations and Godfrey is presumed innocent until and unless proven guilty.
The investigation was conducted by the Nebraska State Patrol and the South Dakota Division of Criminal Investigation.   Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.  

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

United  States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Waldo Patrick War Bonnett, age 45, was indicted on January 15, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on January 21, 2014, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, life of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

On or about between the 15th day of October, 2013, and the 9th day of January, 2014, War Bonnett, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under federal law, knowingly failed to register and update his registration.

The charge is merely an accusation and War Bonnett is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case.   

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

United States Attorney Brendan V. Johnson announced that a Porcupine, South Dakota, man has been indicted by a federal grand jury for three charges of Aggravated Sexual Abuse.

Jaron Thunder Hawk, age 20, was indicted on January 22, 2014.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on January 27, 2014, and pled not guilty to the Indictment.

The maximum penalty upon conviction is life imprisonment and/or a $250,000 fine, and a lifetime of supervised release.

The charges relate to Thunder Hawk engaging in sexual acts with three children under the age of twelve in 2012 and 2013.

The charges are merely accusations and Thunder Hawk is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Federal Bureau of Investigation.  Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.

Thunder Hawk was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for April 1, 2014.

United  States Attorney Brendan V. Johnson announced that a Fort Yates, North Dakota, man, has been indicted by a federal grand jury for Sexual Abuse of a Person Incapable of Consent.

William Left Hand, age 29, was indicted on January 15, 2014. He appeared before U.S. Magistrate Judge William D. Gerdes on January 17, 2014, and pled not guilty to the Indictment.

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

The Indictment alleges that on or about February 22, 2012, Left Hand knowingly engaged in, and attempted to engage in a sexual act with the victim, who was physically incapable of declining participation in, or communicating her unwillingness to, engage in the sexual act.

The charge is merely an accusation and Left Hand is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Federal Bureau of Investigation.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

Left Hand was released on bond pending trial.  A trial date has not been set.

United  States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Burglary of a Post Office and Theft of Mail.

Jesse Robinson, age 26, was indicted on August 21, 2013.  He appeared before U.S. Magistrate Judge Mark A. Moreno on January 28, 2014, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund on each count.  Restitution may also be ordered.

The charges relate to an incident on June 17, 2013, when Robinson allegedly broke into the United States Post Office in Mission, and took multiple pieces of first class mail matter containing prescription medications.

The charges are merely accusations and Robinson is presumed innocent until and unless proven guilty.
 
The investigation is being conducted by the U.S. Postal Service and the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case.   

Robinson was released on bond pending trial.  A trial date has not been set.

United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Assaulting a Federal Officer.

Reno Roubideaux, age 39, was indicted on August 21, 2013.  He appeared before U.S. Magistrate Judge Mark A. Moreno on January 22, 2014, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 8 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charge relates to an incident that occurred on July 31, 2013, when Roubideaux forcibly assaulted a law enforcement officer. The charge is merely an accusation and Roubideaux is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case.   

Roubideaux was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for February 25, 2014.

United States Attorney Brendan V. Johnson announced that men from Kyle, Potato Creek, and Porcupine, South Dakota, who were all previously convicted of Conspiracy to Distribute a Controlled Substance, were sentenced this past week by Chief Judge Jeffrey L. Viken, U.S. District Court.

Edward Vocu, age 57, was sentenced to 120 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund, for Conspiracy to Distribute Methethamphetamine.

Moses Montileaux, Sr., age 62, was sentenced to 60 months in custody, 4 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund, for Conspiracy to Distribute Marijuana.

Zeno Little, age 57, was sentenced to 3 years’ probation, and a $100 special assessment to the Federal Crime Victims Fund, for Conspiracy to Distribute Marijuana.

The defendants were indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on May 15, 2012.  Little was found guilty by a federal jury on August 30, 2013.  Montileaux, Sr. pled guilty on August 14, 2013, and Vocu pled guilty on August 16, 2013. 

A drug conspiracy investigation began on or about October 2008, that resulted in federal charges against the following 18 individuals: Abraham Romero, Richard Marshall, Lorenzo Camacho Tarango a/k/a Lencho a/k/a Lecho, Reyes Chavez-Rojo, Billi American Horse, Jimmy Bravo, Elwanda Fire Thunder, Kimberly Janis, Zeno Little, Norton Little Spotted Horse, Moses Montileaux, Jr., Moses Montileaux, Sr., Whisper Montileaux, Stephanie  Standing Soldier, Edward Vocu, Theresa Vocu, Cassie Winters, and Wesley Yellow Horse, Sr.

During the course of the conspiracy, Romero would receive marijuana, cocaine, and methamphetamine from Chavez-Rojo, Lencho, and other persons, and then the remaining above-named individuals and other persons conspired to distribute and/or distributed either marijuana, cocaine, or methamphetamine on the Pine Ridge Indian Reservation. 

This case was investigated by Northern Plains Safe Trails Drug Enforcement Task Force, the Federal Bureau of Investigation, the Bureau of Indian Affairs Office of Justice Services, and the South Dakota Division of Criminal Investigation.  Assistant U.S. Attorney Ted L. McBride and Special Assistant Laura A. Shattuck prosecuted the case.

Vocu and Montileaux, Sr. were immediately turned over to the custody of the U.S. Marshals Service.  

United States Attorney Brendan V. Johnson announced that a Kyle, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse.

Benjamin Joseph Palmier, age 55, was indicted on January 22, 2014.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on January 24, 2014, and pled not guilty to the Indictment.  

The maximum penalty upon conviction is any term of imprisonment up to life and/or a $250,000 fine, lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

The indictment charges that Palmier engaged in two sexual acts with a women who was incapable of consenting to the acts.

The charges are merely accusations and Palmier is presumed innocent until and unless proven guilty.

The investigation was conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.   Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.  

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

United States Attorney Brendan V. Johnson announced that an Orlando, Florida, man convicted of Passing Counterfeit Obligations of the United States was sentenced on January 27, 2014, by U.S. District Judge Karen E. Schreier.

Rafiq McDonald, age 22, was sentenced to 6 months in custody (concurrent with a state sentence he will serve in Wisconsin), to be followed by 2 years of supervised release.  He was also ordered to make restitution in the amount of $400.

McDonald was indicted for Conspiracy to Pass Counterfeit Obligations of the United States and four counts of Passing Counterfeit Obligations of the United States by a federal grand jury on March 13, 2013.  He pled guilty to one count of Passing Counterfeit Obligations on November 6, 2013.

McDonald and two co-defendants, Macquillie Isaac Woodard, age 22, of Minneapolis, Minnesota, and Timothy Oben, age 22, of Eau Claire, Wisconsin, passed counterfeit $100 bills at various businesses in Sioux Falls in December 2012.  Woodard and Oben also pled guilty to one count of Passing Counterfeit Obligations and were previously sentenced to10 months and 24 months in custody, respectively.  They were also ordered to make restitution.

This case was investigated by the Sioux Falls Police Department and the U.S. Secret Service.  Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.

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

United  States Attorney Brendan V. Johnson announced that a Chamberlain, South Dakota, woman has been indicted by a federal grand jury for False Statements Relating to Health Care Matters and Attempt to Obtain Controlled Substance by Fraud.

Marcella His Law, a/k/a Michelle His Law, age 45, was indicted on January 15, 2014.  She appeared before U.S. Magistrate Judge Mark A. Moreno on January 24, 2014, 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, 3 years of supervised release, and up to $200 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on August 5, 2013, His Law, in a matter involving a health care benefit program, knowingly and willfully presented a falsified prescription for Hydrocodone, a Schedule III controlled substance, to the Indian Health Services Pharmacy in Ft. Thompson, South Dakota.

The charges are merely accusations and His Law is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Office of the Inspector General, Office of Investigations.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.   

His Law was released on bond pending trial.  A trial date has not been set.

United States Attorney Brendan V. Johnson announced that two men convicted of Conspiracy to Distribute a Controlled Substance were sentenced on January 27, 2014, by U.S. District Judge Karen E. Schreier.

Samuel Joseph Pfeifle, age 27, of Sioux Falls, South Dakota, and Sean Michael McFarland, age 33, of Vermillion, South Dakota, were both sentenced to 60 months in prison, to be followed by 4 years of supervised release.

The United States obtained money judgments against both men ($80,000 as to Pfeifle and $100,000 as to McFarland) as forfeiture of money or property they acquired as a result of their illegal activities. 

The men were indicted on September 10, 2013, for conspiracy to distribute more than 100 kilograms of marijuana.  McFarland pled guilty on October 30, 2013, and Pfeifle pled guilty on November 7, 2013.

The men joined a conspiracy to illegally distribute marijuana in South Dakota and elsewhere.  During their involvement, the men grew, harvested, and obtained marijuana, illegally distributed it, caused it to be illegally delivered and distributed, paid others for it, and received payments for it.

This case was investigated by the U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) in both South Dakota and California, and the Internal Revenue Service, Criminal Investigations.  Assistant U.S. Attorney Connie Larson prosecuted the case.

Both men were remanded to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that two men convicted of Conspiracy to Distribute a Controlled Substance were sentenced on January 27, 2014, by U.S. District Judge Karen E. Schreier.

Samuel Joseph Pfeifle, age 27, of Sioux Falls, South Dakota, and Sean Michael McFarland, age 33, of Vermillion, South Dakota, were both sentenced to 60 months in prison, to be followed by 4 years of supervised release.

The United States obtained money judgments against both men ($80,000 as to Pfeifle and $100,000 as to McFarland) as forfeiture of money or property they acquired as a result of their illegal activities. 

The men were indicted on September 10, 2013, for conspiracy to distribute more than 100 kilograms of marijuana.  McFarland pled guilty on October 30, 2013, and Pfeifle pled guilty on November 7, 2013.

The men joined a conspiracy to illegally distribute marijuana in South Dakota and elsewhere.  During their involvement, the men grew, harvested, and obtained marijuana, illegally distributed it, caused it to be illegally delivered and distributed, paid others for it, and received payments for it.

This case was investigated by the U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) in both South Dakota and California, and the Internal Revenue Service, Criminal Investigations.  Assistant U.S. Attorney Connie Larson prosecuted the case.

Both men were remanded to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for False Statements Relating to Health Care Matters and Attempt to Obtain Controlled Substance by Fraud.

Titus James Iron Shield, age 48, was indicted on January 15, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on January 23, 2014, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charges stem from an incident that took place on April 30, 2013, when Iron Shield presented a forged prescription to a pharmacy to obtain Hydrocodone pills knowing the prescription was falsified.

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

The investigation is being conducted by the Office of the Inspector General – Department of Health and Human Services.  Assistant U.S. Attorney Tim Maher is prosecuting the case.   

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

United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man convicted of Possession of a Stolen Firearm was sentenced on January 27, 2014, by U.S. District Judge Karen E. Schreier.

Andrei Kevin Russell, age 29, was sentenced to 92 months in prison, to be followed by 3 years of supervised release.

Russell was indicted for being a felon in possession of a firearm and for possessing a stolen firearm by a federal grand jury on March 6, 2013.  He pled guilty to the stolen firearm offense on November 1, 2013.  The other charge was dismissed.

Russell came into contact with law enforcement at his residence in Hartford, South Dakota, on July 19, 2012.  He gave officers permission to search his residence, where they discovered a Benelli 12-gauge semi-automatic shotgun in the garage.  The shotgun had been stolen from a Sioux Falls residence.

This case was investigated by the Sioux Falls Police Department and the U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives.  Assistant U.S. Attorney Connie Larson prosecuted the case.

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

United  States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Attempted Trafficking with Respect to Involuntary Servitude and Forced Labor was sentenced on January 27, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Eric Murphy, age 28, was sentenced to 10 years of imprisonment, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.  Murphy will also be required to register as a sex offender.

On August 3, 2013, as part of a sex-trafficking undercover operation during the Sturgis Bike Rally, Murphy was arrested for attempting to obtain sex with a 12-year old girl.  Murphy responded to a law enforcement-generated Internet advertisement which advertised sex with a fictitious 12 or 13 year-old girl and negotiated the terms of the sexual encounter.  Murphy then met with an undercover agent posing as the pimp who could provide the young girl, and he was subsequently arrested. 

The investigation was conducted by the South Dakota Internet Crimes Against Children Taskforce, the South Dakota Division of Criminal Investigation, the Federal Bureau of Investigation, the Rapid City Police Department, the Pennington County Sheriff’s Office, and the Meade County Sheriff’s Office. Assistant U.S. Attorney Sarah Collins prosecuted the case.  

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

United  States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Attempted Trafficking with Respect to Involuntary Servitude and Forced Labor was sentenced on January 27, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Eric Murphy, age 28, was sentenced to 10 years of imprisonment, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.  Murphy will also be required to register as a sex offender.

On August 3, 2013, as part of a sex-trafficking undercover operation during the Sturgis Bike Rally, Murphy was arrested for attempting to obtain sex with a 12-year old girl.  Murphy responded to a law enforcement-generated Internet advertisement which advertised sex with a fictitious 12 or 13 year-old girl and negotiated the terms of the sexual encounter.  Murphy then met with an undercover agent posing as the pimp who could provide the young girl, and he was subsequently arrested. 

The investigation was conducted by the South Dakota Internet Crimes Against Children Taskforce, the South Dakota Division of Criminal Investigation, the Federal Bureau of Investigation, the Rapid City Police Department, the Pennington County Sheriff’s Office, and the Meade County Sheriff’s Office. Assistant U.S. Attorney Sarah Collins prosecuted the case.  

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