FEDERAL DISTRICT ARCHIVE
District of South Dakota
Press releases recorded for this federal judicial district.
Parmelee Man Charged with Failure to AppearRead the Press Release
United States Attorney Brendan V. Johnson announced that a Parmelee, South Dakota, man has been indicted by a federal grand jury for Failure to Appear.
Adam Poor Bear, age 24, was indicted on December 10, 2013. He appeared before U.S. Magistrate Mark A. Moreno on January 21, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 2 years in custody and/or a $250,000 fine, 1 year of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
On December 2, 2013, Poor Bear, having been charged with Assault with a Dangerous Weapon and Supervised Release Revocation, failed to appear for his sentencing hearing as ordered by the court.
The charge is merely an accusation and Poor Bear is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Tim Maher 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.
North Dakota Woman Charged with TheftRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mandan, North Dakota, woman has been indicted by a federal grand jury for Theft Concerning Programs Receiving Federal Funds.
Dawn Muir, age 52, was indicted on January 15, 2014. She 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 10 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 Indictment alleges that between February 2, 2011, and December 31, 2013, Muir, being an agent of the Pretty Bird Woman House, knowingly and intentionally embezzled, stole, obtained by fraud, as well as intentionally misapplied property worth at least $5,000 which was owned by the Pretty Bird Woman House.
The charge is merely an accusation and Muir is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Department of Justice Office of the Inspector General and the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Muir was released on bond pending trial. A trial date has not been set.
Idaho Man Sentenced for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that a Post Falls, Idaho, man convicted of three counts of Failure to Pay Legal Child Support was sentenced on January 23, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
David E. Cox, age 47, was sentenced to 5 years of unsupervised probation on each count to run concurrently, ordered to pay a $300 special assessment to the Federal Crime Victims Fund, and child support restitution in the amount of $62,277.67. He was found guilty by a federal jury on January 16, 2014.
Cox was indicted for failing to pay over $61,000 in child support on July 9, 2013. The obligations went unpaid for more than two years and were in amounts greater than $10,000. At that time, Cox was residing in Idaho while his minor children resided in South Dakota. From that date and continuing to the present, Cox willfully and unlawfully failed to pay these past due child support obligations.
This case was investigated by the Department of Health and Human Services, Office of Inspector General. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Fort Thompson Man Indicted on Assault Charges and Child AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fort Thompson, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, Domestic Abuse by an Habitual Offender, and Child Abuse.
Anthony Comes Flying, a/k/a Anthony Miller, age 29, was indicted on January 15, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 16, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 years in custody and/or a $250,000 fine, 3 years of supervised release, and up to $600 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about January 4, 2014, Comes Flying assaulted his dating partner and their two children, when Comes Flying had a final conviction on at least two separate occasions for prior offenses against a spouse or dating partner.
The charges are merely accusations and Comes Flying is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Comes Flying was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Woman Charged with LarcenyRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury for Larceny.
Susan Dillabaugh, age 33, was indicted on January 15, 2014. She appeared before U.S. Magistrate Judge William D. Gerdes 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 Indictment alleges that on or about between September 23, 2011, and January 9, 2012, Dillabaugh unlawfully took and carried away with intent to steal and purloin the personal property of another, namely Pretty Bird Woman House. The property had a value in excess of $1,000.
The charge is merely an accusation and Dillabaugh is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Department of Justice Office of the Inspector General and the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Dillabaugh was released on bond pending trial. A trial date has not been set.
Cherry Creek Man Sentenced for Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that a Cherry Creek, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on January 22, 2014, by U.S. District Judge Roberto A. Lange.
William Z. Mexican, age 21, was sentenced to 24 months in custody, 2 years of Supervised Release, and a $100 special assessment to the Federal Crime Victims Fund.
Mexican was indicted for Assault with a Dangerous Weapon by a federal grand jury on October 22, 2013. He pled guilty on December 12, 2013.
Mexican’s conviction was the result of an incident on August 20, 2013, in Cherry Creek, when he got into an altercation with two other individuals. Mexican pulled a hunting knife and tried to stab the victim, with the intent to do bodily harm.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Mexican was immediately turned over to the custody of the U.S. Marshals Service.
Chamberlain Man Sentenced for LarcenyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Chamberlain, South Dakota, man convicted of Larceny was sentenced on January 21, 2014, by U.S. District Judge Roberto A. Lange.
Warren LaRoche, age 23, was sentenced to time served (66 days), 1 year of supervised release, $1,381.94 in restitution and a $100 special assessment to the Federal Crime Victims Fund.
LaRoche was indicted by a federal grand jury on November 14, 2013. He pled guilty on December 12, 2013.
On November 29, 2012, LaRoche checked a guest into the Lone Star motel in Fort Thompson, South Dakota. The guest used a credit card to pay for two nights. LaRoche memorized the credit card and created an account on Amazon.com. Beginning on December 3, 2012 through April 16, 2013, LaRoche made 64 purchases on the Amazon account using the guest’s credit card as payment. The purchases were goods totaling $1,381.94. LaRoche admitted he did not have permission to use the credit card to make these purchases.This case was investigated by the Bureau of Indian Affairs. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Eagle Butte Woman Charged with Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury.
Kenna Bridwell, age 28, was indicted on January 14, 2014. She appeared before U.S. Magistrate Judge Mark A. Moreno on January 17, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Bridwell is alleged to have assaulted a woman in November 2013, as a result of a car crash near Eagle Butte. The charge is merely an accusation and Bridwell is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
Bridwell was released on bond pending trial. A trial date has not been set.
Batesland Man Sentenced for Two Charges of Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that a Batesland, South Dakota, man convicted of two charges of Abusive Sexual Contact was sentenced on January 23, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
George American Horse, age 62, was sentenced to 72 months in custody for one charge and 48 months for the other charge, for a total of 120 months (10 years), 5 years of supervised release on each count to run concurrently, and ordered to pay a $200 special assessment to the Federal Crime Victims Fund.
American Horse pled guilty to the charges on September 26, 2013. The charges relate to incidents that happened between 2009 and 2012 near Batesland, when American Horse engaged in sexual contact with a child who had not attained the age of 12.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
American Horse was immediately turned over to the custody of the U.S. Marshals Service.
Batesland Man Sentenced for Two Charges of Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that a Batesland, South Dakota, man convicted of two charges of Abusive Sexual Contact was sentenced on January 23, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
George American Horse, age 62, was sentenced to 72 months in custody for one charge and 48 months for the other charge, for a total of 120 months (10 years), 5 years of supervised release on each count to run concurrently, and ordered to pay a $200 special assessment to the Federal Crime Victims Fund.
American Horse pled guilty to the charges on September 26, 2013. The charges relate to incidents that happened between 2009 and 2012 near Batesland, when American Horse engaged in sexual contact with a child who had not attained the age of 12.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
American Horse was immediately turned over to the custody of the U.S. Marshals Service.
Wood Man Charged with Assault Resulting in Serious Bodily Injury and Child AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wood, South Dakota, man has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury and Child Abuse.
Elias LaPointe, age 20, 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 15 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 relate to an incident that took place on October 23, 2013, when LaPointe allegedly assaulted and abused a child under the age 7, and the said assault resulted in serious bodily injury.
The charge is merely an accusation and LaPointe is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher is prosecuting the case.
LaPointe was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Sioux Falls Man Convicted of 26 Investment Fraud FeloniesRead the Press Release
United States Attorney Brendan V. Johnson announced that Randal Kent Hansen, age 65, of Sioux Falls, South Dakota, was found guilty on January 22, 2014, of conspiracy to commit wire and mail fraud, four counts of wire fraud, and 21 counts of mail fraud, as a result of a federal jury trial in Sioux Falls, South Dakota.
“Randy Hanson’s and his co-conspirators' multi-million dollar scam cost many victims their life’s savings. We are pleased with the verdict and applaud the work of law enforcement which put together a very complicated case. We hope the victims of this fraud find some vindication in knowing that the conspirators have been brought to justice,” said U.S. Attorney Brendan Johnson.
The convictions each carry a maximum penalty of twenty years in custody and/or a $250,000 fine, three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Hansen will also be required to pay restitution to his victims.
Hansen was indicted by a federal grand jury on May 8, 2013 for conspiracy to commit wire fraud and mail fraud, wire fraud and mail fraud.
The case involved the investigation of a hedge fund known as RAHFCO Funds, Limited Partnership and RAHFCO Growth Fund. As president of the fund, Randy Hansen collected money from over a hundred investors that totaled over $20 million dollars. Investors were told that only a small portion of the money was supposed to be used to make trades on the futures market for the S&P 500, that the rest was securely invested in government securities, and that they could withdraw funds at will. The fund operated from 2007 until April 2011 when one of Hansen’s co-conspirators turned himself into authorities. The investigation revealed that the fund was operating in a Ponzi-like fashion with new investor money being used to pay off older investors seeking to withdraw funds. Ultimately, investor losses have exceeded $10 million.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
A presentence investigation was ordered and a sentencing date has been set for April 28, 2014. The defendant was released pending sentencing.
Florida Man Sentenced in IRS Fraud CaseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Tampa, Florida, man convicted of Conspiracy to Defraud the United States and Aggravated Identity Theft was sentenced on January 17, 2014, by U.S. District Judge Karen E. Schreier.
Adams was involved in a scheme to defraud the United States by using personal identifying information, including names, Social Security numbers, and dates of birth of other individuals to file bogus income tax returns showing tax refunds due. The requested refunds total approximately $1 million, and the IRS paid fraudulent claims of over $400,000 before the fraud was discovered.
Charlie Frank Adams, age 23, was sentenced to 30 months in prison on the conspiracy charge and 24 months on the ID theft charge, to be served consecutively. Upon release from prison, he will be on supervised release for 3 years. Adams was also ordered to make restitution to the Internal Revenue Service (IRS) and ID theft victims in the total amount of $421,832.83.
Adams and 10 others were indicted on the above charges by a federal grand jury on May 8, 2013. Adams pled guilty on October 29, 2013.
Several of Adams’ co-defendants attended the University of South Dakota in Vermillion and are former members of the football team.
As his part in the conspiracy, Adams filed bogus tax returns using stolen identifying information received from a co-conspirator, kept the co-conspirator informed as to whether the returns were accepted by the IRS and, if so, to which address the refunds would be mailed. He also provided stolen identifying information to his co-conspirators.
This case was investigated by the Vermillion Police Department, the South Dakota Division of Criminal Assistance, and the IRS Criminal Investigation Division. Assistant U.S. Attorney John E. Haak prosecuted the case.
Adams was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Woman Charged with Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury.
Kenna Bridwell, age 28, was indicted on January 14, 2014. She appeared before U.S. Magistrate Judge Mark A. Moreno on January 17, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Bridwell is alleged to have assaulted a woman in November 2013 as a result of a car crash near Eagle Butte. The charge is merely an accusation and Bridwell is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
Bridwell was released on bond pending trial. A trial date has not been set.
Wakpala Man Sentenced for Distribution of A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wakpala, South Dakota, man convicted of Distribution of a Controlled Substance was sentenced on January 10, 2014, by U.S. District Judge Charles B. Kornmann.
Francis DuBray, age 24, was sentenced to 16 months in custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
DuBray was indicted by a federal grand jury on August 21, 2013. He pled guilty on November 18, 2013.
The conviction stems from two incidents wherein a confidential informant was given pre-recorded money to purchase marijuana from Dubray. The first controlled buy was on May 13, 2013, when the informant used $600 to purchase 6.92 ounces of marijuana from DuBray. For the second controlled buy, the confidential source used $850 in pre-recorded money to purchase 7.60 ounces of marijuana from DuBray on June 11, 2013.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Jay Miller prosecuted the case.
DuBray was immediately turned over to the custody of the U.S. Marshals Service.
Two St. Francis Men Charged with Second Degree Murder and A Sioux City Woman Charged with Accessory After the FactRead the Press Release
United States Attorney Brendan V. Johnson announced that two men from St. Francis, South Dakota, have been indicted by a federal grand jury for Second Degree Murder, Aiding and Abetting, and a Sioux City, Iowa, woman has been charged with Accessory After the Fact.
BillyRay McCloskey, age 23, Riley McCloskey, age 20, and Crystal Red Hawk, age 36, were indicted on January 7, 2014. They appeared before U.S. Magistrate Judge Mark A. Moreno on January 15, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction for Second Degree Murder, Aiding and Abetting 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 maximum penalty for Accessory After the Fact is 15 years 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.
Riley and BillyRay McCloskey are charged with two counts of Second Degree Murder, Aiding and Abetting for the death of one victim by strangulation, and the death of a second victim by assaulting him with hands and shod feet, and stabbing him in the chest with a screwdriver. Red Hawk is charged with Accessory After the Fact for assisting BillyRay and Riley in order to hinder and prevent their apprehension, trial, and punishment.
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 Rosebud Sioux Tribe Law Enforcement Services. U.S. Attorney Brendan V. Johnson and Assistant U.S. Attorney Marie H. Ruettgers are prosecuting the case.
The Defendants were remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for March 11, 2014.
St. Francis Man Sentenced for Assault by Striking, Beating and Wounding and Simple AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man charged with Assault by Striking, Beating and Wounding and Simple Assault pled guilty to, and was sentenced, on January 15, 2014, by U.S. Magistrate Judge Mark A. Moreno.
Westlee Ford, age 20, was sentenced to 12 months and 1 day in custody, and was ordered to pay $35 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on June 15, 2013, when Ford was at a party in which the victim was also present. There were verbal disagreements and Ford stabbed the victim with a knife. The victim had four stab wounds to his body as a result of the assault.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Tim Maher.
Ford was ordered to self-report to the U.S. Marshals Service by noon on January 22, 2014.
Oglala Woman Sentenced for Causing Death of ChildRead the Press Release
United States Attorney Brendan V. Johnson announced that an Oglala, South Dakota, woman convicted of Involuntary Manslaughter was sentenced on January 10, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Red Star-Benson was immediately turned over to the custody of the U.S. Marshals Service.
Elizabeth Red Star-Benson, a/k/a Elizabeth Shantelle Benson, a/k/a Elizabeth Red Star, age 27, was sentenced to 5 years of imprisonment, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
On August 31, 2012, at Porcupine, Red Star-Benson was driving under the influence with a blood alcohol content of .261 and rolled her vehicle on BIA Hwy 27 near KILI radio station. Her four-year old son, who was not properly restrained, was ejected from the vehicle and died at the scene from his traumatic injuries.
The investigation was conducted by the Bureau of Indian Affairs Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, and the South Dakota Highway Patrol. The case was prosecuted by Assistant U.S. Attorney Sarah B. Collins.
Kadoka Man Sentenced for Destruction of Government PropertyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Kadoka, South Dakota, man convicted of Destruction of Government Property was sentenced on January 13, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Lynn Standing Bear, age 21, was sentenced to 8 months in custody, 3 years of supervised release, ordered to pay $10,293.50 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.
Standing Bear pled guilty to the charge on October 18, 2013. The charge related to Standing Bear entering the Indian Health Services Clinic in Wanblee during the nighttime hours on July 5, 2013. Once inside the clinic, Standing Bear used different tools to cause damage to the clinic. Standing Bear also stole 11 bottles of Hydrocodone and then attempted to sell the pills in the Wanblee area.
This case was investigated by the Department of Health and Human Services, Office of the Inspector General, 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.
Standing Bear was immediately turned over to the custody of the U.S. Marshals Service.
Idaho Man Found Guilty of Failure to Pay Legal Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that David E. Cox, age 47, of Post Falls, Idaho, was found guilty by a federal jury in Rapid City, South Dakota, of 3 counts of Failure to Pay Legal Child Support.
A sentencing date was set for Thursday, January 23, 2014.
The charge carries a maximum penalty of 2 years in custody and/or a $250,000 fine, 1 year of supervised release, a $100 special assessment to the Federal Crime Victims Fund, and child support restitution amount owing at the time of sentencing.
Cox was previously ordered by the Eighth Judicial Circuit, Lawrence County, South Dakota, to pay child support for his minor children in three separate cases. At trial, it was revealed that Cox owes approximately $61,000 in past due child support obligations.
This case was investigated by the Department of Health and Human Services, Office of Inspector General. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Four People Sentenced in Large Drug Conspiracy RingRead the Press Release
United States Attorney Brendan V. Johnson announced that three women from Kyle, South Dakota, and a man from Oglala, South Dakota, convicted of Conspiracy to Distribute a Controlled Substance were all sentenced this past week by Chief Judge Jeffrey L. Viken, U.S. District Court.
The four defendants were immediately turned over to the custody of the U.S. Marshals Service. Three defendants from this drug conspiracy remain to be sentenced, which is scheduled for later this month.
Wesley Yellow Horse Sr., age 58, was sentenced to 57 months in custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund for Conspiracy to Distribute Marijuana.
Theresa Vocu, age 45, was sentenced to 36 months in custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund for Conspiracy to Distribute Methethamphetamine.
Elwanda Fire Thunder, age 49, was sentenced to 21 months in custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund for Conspiracy to Distribute Marijuana.
Kimberly Janis, age 51, was sentenced to 46 months in custody, 3 years of supervised release, 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. Fire Thunder pled guilty on August 22, 2012. Janis pled guilty on April 8, 2013. Vocu and Yellow Horse were found guilty by a federal jury on August 30, 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 and Lencho, 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 the 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.
Deadwood Man Sentenced for Illegally Possessing A FirearmRead the Press Release
United States Attorney Brendan V. Johnson announced that a Deadwood, South Dakota, man convicted of Illegally Possessing a Firearm was sentenced on January 13, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Sean Jason Romanjenko, age 39, was sentenced to 2 years of probation, ordered to pay a $2,500 fine, and a $100 special assessment to the Federal Crime Victims Fund.
Romanjenko pled guilty to the charge on October 18, 2013. The charge related to Romanjenko knowingly being in possession of a .45 caliber pistol at a shooting range near Deadwood on December 1, 2012. Romanjenko was previously convicted of a crime and was prohibited from possessing firearms as a result of this conviction.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Unified Narcotics Enforcement Team. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Custer Couple Indicted for Destruction of Government PropertyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Custer, South Dakota, couple have been indicted by a federal grand jury for Destruction of Government Property.
Jerry Nored, age 61, and Susan Nored, age 60, were indicted on December 17, 2013. They appeared before U.S. Magistrate Judge Veronica L. Duffy on January 13, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to the Noreds leading and guiding clients on horseback rides over unauthorized trails within the Black Hills National Forest between March and December 2013. These rides caused damage in excess of $1,000 to the Black Hills National Forest.
The charge is merely an accusation and the Noreds are presumed innocent until and unless proven guilty.The investigation is being conducted by the U.S. Department of Agriculture Forest Service. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
The Noreds were released on bond pending trial. A trial date has been set for March 18, 2014.
California Man Sentenced for Possession of A Firearm with an Obliterated Serial NumberRead the Press Release
United States Attorney Brendan V. Johnson announced that a Tracy, California, man convicted of Possession of a Firearm with an Obliterated Serial Number was sentenced on January 13, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Troy Leroy James, age 48, was sentenced to time served, 2 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
James pled guilty to the charge on October 8, 2013. The conviction stems from an incident on December 20, 2012, in Rapid City, when James was in possession of a .357 Smith & Wesson revolver, from which he knew the manufacturer’s serial number had been removed and obliterated
This case was investigated by the Unified Narcotics Enforcement Team, the Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Box Elder Man Sentenced for Using Computer to Engage in Criminal Sexual ConductRead the Press Release
United States Attorney Brendan V. Johnson announced that a Box Elder, South Dakota, man convicted of Receipt of Child Pornography was sentenced on January 10, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Craig Joshua Weires, age 23, was sentenced to 6 years of imprisonment, 10 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
In April 2013, while executing a search warrant on Weires’s home, law enforcement authorities found child pornographic videos on Weires’s computer, which he had downloaded off the Internet.
The investigation was conducted by the Rapid City Police Department, Pennington County Sheriff's Office, South Dakota Division of Criminal Investigation, Office of Special Investigations from Ellsworth Air Force Base, and the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorney Sarah B. Collins.
Weires was immediately turned over to the custody of the U.S. Marshals Service.
St. Francis Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man convicted of Abusive Sexual Contact was sentenced on January 14, 2014, by U.S. District Judge Roberto A. Lange.
Vernon Verdell Blackhorse, age 63, was sentenced to 144 months in custody, 3 years of supervised release, a $3,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.
Blackhorse was indicted for Abusive Sexual Contact by a federal grand jury on May 15, 2013. He pled guilty on November 6, 2013.
The conviction stems from an incident that took place in Eagle Butte between May 1, 2002, and August 30, 2002, when the victim was living at the home of a relative where the defendant was also staying. The victim, who was age 11 or 12 at the time, was sleeping on a couch, and Blackhorse was laying on a couch behind her. The victim woke up when she felt Blackhorse touching her over her clothing in a sexual manner. The victim jumped off of the couch and was able to end the sexual contact.
This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Marie H. Ruettgers prosecuted the case.
Blackhorse was immediately turned over to the custody of the U.S. Marshals Service.
Parmelee Man Sentenced for Child Related Sexual Abuse and Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that a Parmelee, South Dakota, man convicted of Aggravated Sexual Abuse of a Minor, Abusive Sexual Contact of a Child, Aggravated Sexual Abuse of a Child, and Abusive Sexual Contact While Registered as a Sex Offender was sentenced on January 14, 2014, by U.S. District Judge Roberto A. Lange.
Randy Never Misses A Shot, age 49, was sentenced to 444 months in custody, 5 years of supervised release, and a $500 special assessment to the Federal Crime Victims Fund.
Never Misses A Shot was indicted by a federal grand jury on January 16, 2013. A Superseding Indictment was filed on March 13, 2013. On September 10, 2013, Never Misses A Shot appeared before the Honorable Roberto A. Lange for a jury trial. On September 12, 2013, a jury found him guilty on all charges.
The conviction stems from several incidents which occurred between January 1, 1993, and May 15, 2007, in which Never Misses A Shot sexually abused multiple victims under the ages of 12.
During the years of 1993 through 1997, Never Misses A Shot visited Child Victim A, a young relative, who was staying on the Rosebud Indian Reservation. While visiting her, Never Misses A Shot would sexually abuse her. In addition, Never Misses A Shot engaged in sexual acts with Child Victim A in a wooded area near the He-Dog housing community. As a result of this conduct, Never Misses A Shot was convicted of Aggravated Sexual Abuse of a Child and Abusive Sexual Contact of a Child.
In the summer of 2000, Never Misses A Shot was staying with relatives at a housing complex near Parmelee. While there, Never Misses A Shot sexually abused Child Victim B, another young relative. As a result of this conduct, Never Misses A Shot was convicted of Abusive Sexual Contact of a Child.
The final incident occurred over Mother’s Day weekend of 2007. Never Misses A Shot was on the Pine Ridge Indian Reservation, traveling with a woman and her young daughter, Child Victim C. They stopped at Pine Ridge for the weekend, and while there, Never Misses A Shot grabbed child victim C behind a trailer, forced her to the ground, and abused her in a sexual manner. As a result of this conduct, Never Misses A Shot was convicted of Abusive Sexual Contact of a Child and Abusive Sexual Contact of a Child While Required to Register as a Sex Offender.
This case was investigated by the Federal Bureau of Investigation, Rapid City Police Department, Sioux Falls Police Department, Rosebud Sioux Tribal Law Enforcement, Brooking Police Department, Jefferson County’s Sheriff’s Office, Washington, and the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Never Misses A Shot was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced for Possessing Child PornographyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man convicted of Possession of Child Pornography was sentenced on January 9, 2014, by U.S. District Judge Karen E. Schreier.
Maksim Mehiolvich Stefanyuk, age 22, was sentenced to 24 months in custody, to be followed by 5 years of supervised release.
Stefanyuk was indicted for possessing child pornography by a federal grand jury on October 4, 2011. He pled guilty on October 23, 2013.
On April 28, 2011, law enforcement officers with the Internet Crimes Against Children Task Force executed a search warrant at Stefanyuk’s residence in Sioux Falls. Officers seized Stefanyuk’s computer. When it was examined, images of child pornography were discovered that had been downloaded from the internet using a file-sharing program. Stefanyuk admitted knowing that he possessed the images on his personal laptop computer.
This case was investigated by the Minnehaha County Sheriff’s Department, the Sioux Falls Police Department, the Internet Crimes Against Children Task Force, and the U.S. Department of Homeland Security Investigations. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Stefanyuk was immediately turned over to the custody of the U.S. Marshals Service.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Rapid City Man Sentenced for Possession of A Stolen FirearmRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Possession of a Stolen Firearm was sentenced on January 9, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Sheldon LaPointe, age 38, was sentenced to 48 months in custody, 3 years of supervised release, and was ordered to pay $1,000 in restitution and a $100 special assessment to the Federal Crime Victims Fund.
The conviction stems from LaPointe being in possession of a stolen Colt .45 caliber handgun which he was hiding to protect his niece. The niece had stolen the gun on October 19, 2012, at Rapid City.
This case was investigated by the Rapid City Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
LaPointe was immediately turned over to the custody of the U.S. Marshals Service.
Norris Man Sentenced for Sexual Abuse of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a Norris, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on January 13, 2014, by U.S. District Judge Roberto A. Lange.
Jeremy Eagle Bear, age 23, was sentenced to 18 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Eagle Bear was indicted for Sexual Abuse of a Minor by a federal grand jury on August 21, 2013. He pled guilty on October 24, 2013.
The conviction stems from an incident on February 11, 2011, when Eagle Bear met the 13 year old victim at a house party and had sexual intercourse with her.
This case was investigated by Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher prosecuted the case.
Eagle Bear was immediately turned over to the custody of the U.S. Marshals Service.
Minnesota Man Sentenced for Passing Counterfeit SecuritiesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Vadnais Heights, Minnesota, man convicted of Passing Counterfeit Securities was sentenced on January 9, 2014, by the Honorable Karen E. Schreier, U.S. District Judge.
Gregory Wayne Newell, age 43, was sentenced to 24 months in custody, to be followed by 3 years of supervised release. He was also ordered to pay $1,200 restitution to the victims in the case.
Newell was indicted for Passing Counterfeit Securities by a federal grand jury on July 9, 2013. He pled guilty on October 23, 2013.
In December of 2012, Newell passed four counterfeit $50 American Express traveler’s checks at a Sioux Falls Hy-Vee Store.
This case was investigated by the Sioux Falls Police Department and the United States Secret Service. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Newell was immediately turned over to the custody of the U.S. Marshals Service.
Lower Brule Man Sentenced for Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on January 13, 2014, by U.S. District Judge Roberto A. Lange.
Jewell Iron Heart, age 21, was sentenced to 21 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Iron Heart was indicted by a federal grand jury on September 17, 2013. He pled guilty on November 19, 2013.
The conviction stems from the fact that Iron Heart has previously admitted to an offense that requires him to register as a sex offender for life. Iron Heart registered as a sex offender for the first time in May 2012. On March 18, 2013, Iron Heart was arrested on a federal warrant due to violating conditions of his supervision. He was placed at the Community Alternatives of the Black Hills (CABH) facility in Rapid City by his probation officer.
On August 7, 2013, Iron Heart registered the CABH facility as his address in compliance with the Sex Offender Registration and Notification Act. On August 18, 2013, Iron Heart absconded from the facility, and since that date, Iron Heart has not updated his sex offender registration as required by law.
The investigation was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Iron Heart was immediately turned over to the custody of the U.S. Marshals Service.
Kimball Man Sentenced for Assaulting, Resisting and Impeding A Federal Officer and Lacey Act ViolationsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Kimball, South Dakota, man convicted of Assaulting, Resisting and Impeding a Federal Officer and Lacey Act Violations was sentenced on January 10, 2014, by U.S. District Judge Karen E. Schreier.
James R. Steckley, age 44, was sentenced to 2 days in custody with credit for one day, 6 months of home confinement, 2 years of supervised release, and a $25 special assessment to the Federal Crime Victims Fund on the Assaulting, Resisting and Impeding a Federal Officer charge. He was sentenced to 40 hours of community service, a $7,500 fine, and a $25 special assessment to the Federal Crime Victims Fund on the Lacey Act Violations charge. Steckley cannot possess guns for a period of 2 years and cannot hunt for 2 years.
Steckley was indicted for Assaulting, Resisting and Impeding a Federal Officer by a federal grand jury on September 19, 2012. He was indicted for the Lacey Act Violations charge on February 13, 2013. He pled guilty to both charges on October 29, 2013.
The convictions stem from an incident wherein Steckley, on September 6, 2012, interfered with a Special Agent with the U.S. Fish and Wildlife Service while that agent was investigating the Lacey Act Violations. The investigation ultimately revealed that between November 27, 2011, and December 5, 2011, in Brule County, South Dakota, Steckley, then part owner of Steckley’s Wild Dakota Outfitters, a commercial hunting operation in Central South Dakota, hosted paying clients to hunt deer without appropriate licenses.
This case was investigated by U.S. Fish and Wildlife Service and the South Dakota Game Fish and Parks. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Steckley will self-surrender to the custody of the U.S. Marshals Service.
Ideal Man Sentenced for Failure to Register as A Sex Offender and False StatementRead the Press Release
United States Attorney Brendan V. Johnson announced that an Ideal, South Dakota, man convicted of one count of Failure to Register as a Sex Offender and one count of False Statement was sentenced on January 13, 2014, by U.S. District Judge Roberto A. Lange.
Loren Running Horse, a/k/a Bo Running Horse, age 43, was sentenced to 24 months in custody on each count, 5 years of supervised release for Failure to Register as a Sex Offender, 3 years of supervised release for False Statement, and a $200 special assessment to the Federal Crime Victims Fund. The sentences and terms of supervised release for each count are to be served concurrently.
Running Horse was indicted by a federal grand jury on April 12, 2013. He pled guilty on October 22, 2013.
On June 6, 1998, Running Horse was convicted of Sexual Abuse of a Minor. As a result of his conviction, Running Horse was ordered to register as a sex offender and was aware of his duty to do so. On or about between February 4 and March 4, 2013, Running Horse was living in various locations on Rosebud. During that time he failed to register as a sex offender. Running Horse was apprehended in Todd County on March 4, 2013. On March 5, 2013, Running Horse told a federal officer that he did not begin living on Rosebud until March 4, when in fact knew this statement to be false. Running Horse began living on the Rosebud Reservation on or about January 2, 2013.
This case was investigated by U.S. Marshal Service. Assistant U.S. Attorney Marie H. Ruettgers prosecuted the case.
Running Horse was immediately turned over to the custody of the U.S. Marshals Service.
Florida Man Sentenced for Witness TamperingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Bushnell, Florida, man convicted of Witness Tampering was sentenced on January 13, 2014, by U.S. District Judge Roberto A. Lange.
Seth Stone, age 25, was sentenced to time served (45 days), 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Stone was indicted by a federal grand jury on May 15, 2013. He pled guilty on November 18, 2013.
The conviction stems from an incident between June 1, 2012, and July 15, 2012, wherein Stone instructed a minor to destroy all electronic records of conversations that had occurred between the two of them, knowing an investigation was being conducted.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
St. Francis Woman Charged with Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, woman has been indicted by a federal grand jury for Assaulting a Federal Officer.
Amanda Broken Leg, age 20, was indicted on November 14, 2013. She appeared before U.S. Magistrate Judge Mark A. Moreno on January 8, 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.
The charges relate to incidents that occurred on October 18, 2013, when Broken Leg assaulted a law enforcement officer with a dangerous weapon, that is, a motor vehicle. Broken Leg also assaulted and resisted law enforcement officers when they tried to restrain her.
The charge is merely an accusation and Broken Leg 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.
Broken Leg was released on bond pending trial. A trial date has not been set.
Irene Man Sentenced in Methamphetamine Distribution ConspiracyRead the Press Release
United States Attorney Brendan V. Johnson announced that an Irene, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on January 9, 2014, by U.S. District Judge Karen E. Schreier.
Jacob Franklin Zurcher, age 30, was sentenced to 46 months in custody, to be followed by 3 years of supervised release.
Zurcher was indicted by a federal grand jury on July 9, 2013, for Conspiracy to Distribute 500 Grams of Methamphetamine. He pled guilty on October 29, 2013.
As his part in the conspiracy, Zurcher allowed co-conspirators to sell methamphetamine from his home and also purchased methamphetamine and sold it to customers in Sioux Falls.
This case was investigated by the Sioux Falls Police Department, the Nebraska State Patrol, and the U.S. Drug Enforcement Administration. Assistant U.S. Attorney John E. Haak prosecuted the case.
Zurcher was immediately turned over to the custody of the U.S. Marshals Service.
Eighth Circuit Court of Appeals Upholds Conviction of Former Rapid City SurgeonRead the Press Release
United States Attorney Brendan V. Johnson announced that the United States Court of Appeals for the Eighth Circuit has affirmed the convictions of Edward J.S. Picardi, age 56, a former Rapid City surgeon. Picardi is currently serving a five-year prison sentence for tax evasion.In October 2012, Picardi was convicted by a jury of 13 separate federal felony counts, including five counts of tax evasion for years 1999 through 2003; five counts of making false statements on each of his tax returns for years 2004 through 2008; and three counts of failing to file required reports with the United States Treasury Department in 2007 through 2009 disclosing his interest in foreign accounts.
He was sentenced on May 7, 2013, and received the statutory maximum sentence of 60 months in custody for Counts 1-5 of tax evasion; 36 months for Counts 6-10 of making false statements; and 60 months for Counts 11-13 of failing to file required reports. The sentences were ordered to run concurrently.
Picardi appealed his convictions, asking that all 13 counts be reversed and that his case be remanded for a new jury trial. On Friday, January 10, 2014, the Eighth Circuit Court of Appeals issued a published opinion rejecting each of Picardi’s appellate arguments and affirming all of his convictions.
U.S. Attorney Johnson lauded the decision. “We are very pleased with the appellate decision. The Eighth Circuit Court of Appeals opinion closes the book on this case. It affirms the reasoned verdict of Dr. Picardi’s jury, which found him guilty on all thirteen tax and related financial felonies. The lesson should be very clear. No matter how elaborate your strategy and no matter what you do for a living, if you evade paying your fair share of taxes, you’ll land in federal prison,” said Johnson.
Picardi was convicted after a jury heard evidence that he sent his earnings from his surgical practice through a complicated offshore network. His earnings passed through a web of entities organized under the laws of Ireland, Hungary, Cyprus, Isle of Man, Jersey, and Guernsey. The money was ultimately deposited into various foreign accounts that Picardi controlled through a New Zealand trust, in the name of a corporation set up for him in Nevis, a Caribbean island. Through these offshore transactions, Picardi attempted to hide his income and evade over $1 million in taxes.
“The unanimous Appellate Court decision to uphold Mr. Picardi’s tax fraud convictions is highly gratifying, as it demonstrates that using complicated schemes to defraud the government will not only be discovered and prosecuted, but convictions will stand,” said Karyn Fonseca, Assistant Special Agent in Charge of the IRS Criminal Investigation office responsible for investigating Edward Picardi. Fonseca added, “I would like to recognize and applaud the tireless efforts of both the Assistant United States Attorney and the IRS Special Agent who worked diligently to ensure that Mr. Picardi was brought to justice and his convictions validated.”
The case was investigated by the Criminal Investigation Division of the Internal Revenue Service. Assistant U.S. Attorney Kevin Koliner and Department of Justice Tax Division Trial Attorney Joseph Giannullo prosecuted the case.
Picardi remains in federal custody and will continue to serve his sentence.
South Dakota U.S. Attorney's Office Helped Collect over $24 Million for Taxpayers in Fiscal Year 2013Read the Press Release
United States Attorney Brendan V. Johnson announced today that the U.S. Attorney’s Office in South Dakota collected over $2.8 million in Fiscal Year (FY) 2013 from civil and criminal actions. Of this amount, over $2.1 million was collected in criminal actions and over $673,000 was collected in civil actions.
Additionally, the District of South Dakota worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $21.7 million in civil actions that were pursued jointly.
Attorney General Eric Holder announced on Thursday that the Justice Department collected approximately $8.1 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2013. The more than $8 billion in collections in FY 2013 represents nearly three times the appropriated $2.76 billion budget for the 94 U.S. Attorney’s offices and the main litigating divisions in that same period.
“The Department’s enforcement actions help to not only ensure justice is served, but also deliver a valuable return to the taxpayer,” said Attorney General Holder. “It is critical that Congress provide the resources necessary to match the Department’s mounting caseload. As these figures show, supporting our federal prosecutors is a sound investment.”
“In these times of fiscal uncertainty, the revenue generated from these collections becomes increasingly more important,” said U.S. Attorney Johnson. “U.S. Attorneys’ Offices not only protect the public, but also collect more money on behalf of the American taxpayer than they spend.”
The most significant joint recovery case was Cyprus Mines Corporation, which resulted in over $18 million being collected for the U. S. Department of Treasury. The Homestake Mining case was the second largest recovery for the District of South Dakota, with an amount in excess of $3.7 million.
The U.S. Attorneys’ Offices, along with the Department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the Department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration, and Department of Education.
Pine Ridge Woman Sentenced for Conspiracy to Distribute CocaineRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on January 6, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Tricia Lee Pond, a/k/a Trish Pond, age 42, was sentenced to 60 months in custody, 4 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Pond was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on April 16, 2013. She pled guilty on September 6, 2013.
Between 2009 and April 2013, Pond would travel from South Dakota to Denver, Colorado, to obtain marijuana and cocaine for further distribution. Pond would deliver ounce quantities of cocaine to others, and it is reasonable that she distributed more than 500 grams of cocaine on and around the Pine Ridge Indian Reservation.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Ted L. McBride and Special Assistant U.S. Attorney Laura A. Shattuck prosecuted the case.
Pond was immediately turned over to the custody of the U.S. Marshals Service.
Pierre Man Sentenced for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pierre, South Dakota, man charged with Assaulting, Resisting, or Impeding a Federal Officer pled guilty and was sentenced on January 8, 2014, by U.S. Magistrate Judge Mark A. Moreno.
Glen Trudell, Jr., age 31, was sentenced to 12 months of custody, 12 months of supervised release, and $25 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on August 18, 2013, when two Deputy U.S. Marshals were returning to Pierre from working on a federal fugitive operation. Around 5:00 a.m. that day, the Pierre Police Department received a call from a woman reporting that Trudell was at her residence causing damage. Due to the nature of the call, the deputy marshals went to monitor the location while the Pierre Police Department made contact with the woman. The deputies observed Trudell digging through a duffel bag outside the apartment. Trudell saw the deputies, yelled at them to get out of their vehicle, and began to approach them. The deputies identified themselves to Trudell as police and told him to stop. The deputies were wearing law enforcement clothing, duty gear belts, and badges. When the deputies exited the vehicle, Trudell was within several feet of them. Trudell had his hands in his pockets and was ordered to remove them. He did not initially comply, but when he did, one of the deputies observed brass knuckles on his right hand in a closed fist. The deputy yelled “brass knuckles,” reached for his pepper spray, and deployed it in Trudell’s eyes for one second from about six feet away.
The investigation was conducted by the U.S. Marshals Service. The case was prosecuted by Assistant U.S. Attorney Kathryn Rich and First Assistant U.S. Attorney Randolph Seiler.
Trudell was remanded to the custody of the U.S. Marshals Service.
Kyle Man Sentenced for Assaulting an OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Kyle, South Dakota, man convicted of Assaulting, Resisting, or Impeding a Federal Officer was sentenced on January 7, 2014, by U.S. Magistrate Judge Veronica L. Duffy.
Richard D. Red Owl, age 46, was sentenced to time served, 1 year of supervised release, and ordered to pay a $25 special assessment to the Federal Crime Victims Fund.
Red Owl pled guilty to the charge on November 22, 2013. The conviction relates to an incident where Red Owl swung a large tree branch at an officer and then pulled a knife blade on him on June 7, 2013, near Kyle.
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.
Colorado Woman Indicted for Drug ConspiracyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Colorado Springs, Colorado, woman has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.
Barbara Olson, age 52, was indicted on November 19, 2013. She appeared before U.S. Magistrate Judge Veronica L. Duffy on January 6, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $1,000,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.
Beginning no later than the summer of 2012, Olson conspired with others to distribute more than 500 grams of methamphetamine in the District of South Dakota.
The charge is merely an accusation and Olson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Unified Narcotic Enforcement Team, and the Drug Enforcement Administration. Assistant U.S. Attorney Ted L. McBride is prosecuting the case.
Olson was released on bond pending trial. A tentative trial date has been set for March 11, 2014.
Wanblee Woman Sentenced for Drug ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wanblee, South Dakota, woman convicted of conspiracy to distribute more than 1 kilogram of marijuana was sentenced on January 2, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
This case was investigated as part of Operation Eagle Eye, a controlled substances investigation conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Ted L. McBride prosecuted the case.
Anita Lucine Brown, age 59, was sentenced to 1 year probation and a $100 special assessment to the Federal Crime Victims Fund.
Brown was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on July 24, 2012. She pled guilty on October 4, 2013.
Between May 2010 and July 2012, the defendant’s sons sold marijuana from her home. Brown was given marijuana for allowing them to use her home, wherein more than 1 kilogram of marijuana was distributed.
Sioux Falls Woman Sentenced in Marijuana Distribution ConspiracyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, woman convicted of conspiracy to distribute marijuana was sentenced on January 6, 2014, by the Honorable Karen E. Schreier, U.S. District Judge.
Georgia Pfeifle, age 24, was sentenced to six months in custody and six months of home confinement, to be followed by two years of supervised release. She was also fined $1,000.
Pfeifle was charged by a Superseding Information with Conspiracy to Distribute Marijuana on October 10, 2013. She pled guilty on October 16, 2013.
Pfeifle joined a conspiracy to illegally distribute marijuana in South Dakota and elsewhere. During her involvement, she personally obtained, delivered and distributed marijuana in South Dakota, collected and received payments for marijuana, and deposited those payments to other co-conspirators’ accounts.
This case was investigated by the U.S. Department of Homeland Security – Immigration and Customs Enforcement in both South Dakota and California. Assistant U.S. Attorney Connie Larson prosecuted the case.
Pfeifle was ordered to turn herself into the U.S. Marshals Service on January 21, 2014.
Rapid City Man Sentenced for Possession of A Firearm in Furtherance of Drug Trafficking CrimeRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Possession of a Firearm in Furtherance of Drug Trafficking Crime was sentenced on January 3, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Jay Paul Gallego, age 28, was sentenced to 60 months in custody, 3 years of Supervised Release, and a $100 special assessment to the Federal Crime Victims Fund.
Gallego was indicted by a federal grand jury on January 23, 2013. He pled guilty to Possession of a Firearm in Furtherance of Drug Trafficking Crime on October 4, 2013.
On December 11, 2012, Gallego possessed with intent to distribute one gram of methamphetamine which was found during a search of his house. Law enforcement agents also found baggies, paraphernalia, and two firearms.
This case was investigated by the Northern Plains Safe Trails Task Force, the Federal Bureau of Investigation, and the Rapid City Police Department. Special Assistant U.S. Attorney Laura A. Shattuck prosecuted the case.
Gallego was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Illegal Possession of A FirearmRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Domestic Violence Offender in Possession of a Firearm and Ammunition was sentenced on January 2, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Shawn Muldoon, age 30, was sentenced to time served of 1 day and 2 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Muldoon was indicted by a federal grand jury on March 19, 2013, and he pled guilty to the offense on July 19, 2013.
In July 2012, near Rapid City, Pennington County sheriff’s deputies assisted a vehicle stuck on forest service land. The vehicle was occupied by Muldoon and others. During the vehicle search, investigators located a 9mm handgun and ammunition owned by Muldoon, who is prohibited from possessing firearms due to a 2003 domestic violence conviction.
The investigation was conducted by the Pennington County Sheriff’s Office and the U.S. Forest Service. The case was prosecuted by Assistant U.S. Attorney Sarah B. Collins.
Rapid City Man Sentenced for Felon in Possession of A FirearmRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on January 6, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Ryan Umbarger, age 23, was sentenced to 40 months in custody, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Umbarger pled guilty to the charge on October 9, 2013. The charge related to Umbarger possessing a stolen 9 mm caliber pistol and a stolen .30-.30 caliber rifle. Umbarger is prohibited from possessing firearms based on previous felony convictions.
This case was investigated by the Pennington County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Umbarger was immediately turned over to the custody of the U.S. Marshals Service.
McLaughlin Woman Sentenced for LarcenyRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, woman convicted of Larceny was sentenced on December 30, 2013, by U.S. District Judge Charles B. Kornmann.
Tabitha Good House, age 27, was sentenced to 5 years of unsupervised probation, $16,761 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.
Good House was indicted by a federal grand jury on July 17, 2013. She pled guilty on October 7, 2013.
The conviction stems from incidents occurring between December 1, 2012, and March 25, 2013, when Good House, who was employed by KLND Radio Station in McLaughlin, forged the signature of station board members and negotiated several checks, knowing she was not entitled to the monies to which she received. The total amount of the checks was $16,761.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
McLaughlin Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on December 30, 2013, by U.S. District Judge Charles B. Kornmann.
Lehi James Demarrias, Sr., age 31, was sentenced to 57 months in custody, 3 years of Supervised Release, $3,287.41 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.
Demarrias was indicted by a federal grand jury on July 23, 2013. He pled guilty on September 23, 2013.
The conviction stems from an incident that happened in McLaughlin on July 17, 2013, when Standing Rock Agency Dispatch received a call regarding a male who had been stabbed in the stomach. Bureau of Indian Affairs police officers arrived on the scene and were informed by the victim that he had been stabbed by Demarrias.
The victim was originally taken to the Mobridge hospital where he was stabilized and then transferred to a hospital in Bismarck, North Dakota. Upon arrival in Bismarck, the hospital determined it was necessary for the victim to undergo emergency surgery due to the possibility that one of his organs was possibly ruptured. As a result of this incident, the victim sustained serious bodily injury.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Demarrias was immediately turned over to the custody of the U.S. Marshals Service.