FEDERAL DISTRICT ARCHIVE
District of South Dakota
Press releases recorded for this federal judicial district.
Bullhead Man Charged with Domestic Assault by an Habitual OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Bullhead, South Dakota, man has been indicted by a federal grand jury.
Archambault was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Derek Archambault, a/k/a John Martinez, age 30, was indicted on July 17, 2013, on four counts of Domestic Assault By An Habitual Offender.
The maximum penalty upon conviction is 5 years' custody, a $250,000 fine or both; a period of supervised release of 3 years; and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges are merely accusations and Archambault is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Special Assistant U.S. Attorney Erin Shanley is prosecuting the case.Mobridge Man Charged with Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mobridge, South Dakota, man has been indicted by a federal grand jury.
Brandon James Noisy Hawk, age 31, was indicted on July 17, 2013, for failing to register as a sex offender. Noisy Hawk appeared before U.S. Magistrate Judge William D. Gerdes on July 25, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction of the charge is 10 years imprisonment, a $250,000 fine, or both, 5 years up to life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation, and Noisy Hawk is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Noisy Hawk was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Mobridge Man Charged with Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mobridge, South Dakota, man has been indicted by a federal grand jury.
Brandon James Noisy Hawk, age 31, was indicted on July 17, 2013, for failing to register as a sex offender. Noisy Hawk appeared before U.S. Magistrate Judge William D. Gerdes on July 25, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction of the charge is 10 years imprisonment, a $250,000 fine, or both, 5 years up to life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation, and Noisy Hawk is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Noisy Hawk was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
McLaughlin Man Charged with Burglary and AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury.
Lehi James Demarrias, Sr., age 31, was indicted on July 23, 2013, for Burglary, Assault With a Dangerous Weapon, and Assault Resulting in Serious Bodily Injury. Demarrias appeared before U.S. Magistrate Judge William D. Gerdes on July 26, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction of the burglary charge is 25 years of imprisonment. The maximum penalty upon conviction on each of the assault charges is 10 years of imprisonment. All counts include a $250,000 fine, or both; 3 years of supervised release, an additional 2 years of supervised release upon revocation; and a mandatory $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges are merely accusations, and Demarrias is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Demarrias was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
McLaughlin Man Charged with AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury.
Arnold Schott, age 79, was indicted on July 17, 2013, for Assault By Striking, Beating and Wounding. Schott appeared before U.S. Magistrate Judge William D. Gerdes on July 25, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction of the charge is 6 months imprisonment, a $5,000 fine, or both, up to 5 years of probation, and a $10 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges are merely accusations, and Schott is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Special Assistant U.S. Attorney Grant Walker is prosecuting the case.
Schott was released on bond. A trial date has not been set.
Eagle Butte Man Charged with Assault by Striking, Beating and WoundingRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man has been charged by Information with Assault by Striking, Beating and Wounding.
John Maynard, age 50, appeared before U.S. Magistrate Judge Mark A. Moreno on July 26, 2013, and pled not guilty to the charge.
The maximum penalty upon conviction is up to 1 year of custody, a $100,000 fine, or both; 1 year of supervised release; and $25 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to an alleged incident in July 2013 when Maynard struck the victim with a closed fist. The charge is merely an accusation and Maynard 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.
Maynard was remanded to the custody of the U.S. Marshals Service pending trial. The trial has been set for September 24, 2013.
McLaughlin Woman Charged with Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, woman has been indicted by a federal grand jury.
Rhonda Brown, age 41, was indicted on July 17, 2013, for Assaulting, Resisting and Impeding a Federal Officer. Brown appeared before U.S. Magistrate Judge William D. Gerdes on July 26, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 20 years of imprisonment, a $250,000 fine, or both; 3 years of supervised release, an additional 2 years of supervised release upon revocation; and a mandatory $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation, and Brown is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Brown was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
White River Man Charged with Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a White River, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
First In Trouble was released to a third party custodian pending trial. A trial date has been set for September 24, 2013.
Nathan First In Trouble, age 34, was indicted on July 17, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 25, 2013, and pled not guilty to the indictment.
The maximum penalty upon conviction is up to 10 years in custody, a $250,000 fine, or both; life of supervised release; and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation and First In Trouble 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.
White River Man Charged with Assault with A Dangerous Weapon and Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that a White River, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Theodore Larvie, age 23, was indicted on June 12, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 25, 2013, and pled not guilty to the charges.
The maximum penalty upon conviction is up to 10 years in custody, a $250,000 fine, or both; 3 years of supervised release; and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation and Larvie 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.
Larvie was remanded to the custody of the U.S. Marshals pending trial. A trial date has been set for September 24, 2013.
Rosebud Man Charged with First Degree Burglary and Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for First Degree Burglary and Assault with a Dangerous Weapon.
Christian Kelly, age 19, was indicted on July 17, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 26, 2013, and pled not guilty to the indictment.
The maximum penalty upon conviction is up to 25 years in custody, a $250,000 fine, or both; 5 years of supervised release; and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation and Kelly 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 Timothy M. Maher is prosecuting the case.
Kelly was released to a third party custodian pending trial. A trial date has not been set.
Rapid City Man Indicted on Drug ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man was indicted by a federal grand jury for conspiring to distribute marijuana on the Pine Ridge Indian Reservation.
Dustin Hart, age 32, was indicted on July 23, 2013, for Conspiracy to Distribute Controlled Substances. He appeared before U.S. Magistrate Judge Veronica L. Duffy on July 26, 2013, and pled not guilty to the indictment.
The penalty upon conviction is a mandatory minimum of five years imprisonment up to a maximum term of 40 years, and/or a $5,000,000 fine. The charge is merely an accusation and Hart is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Task Force. Assistant U.S. Ted L. McBride is prosecuting the case.
Hart was remanded to the custody of the U.S. Marshal. A trial date has not been set.Cherry Creek Man Sentenced for Sexually Assaulting A Female MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a Cherry Creek, South Dakota, man convicted of Sexual Contact with a Minor was sentenced on July 25, 2013, by U.S. District Judge Roberto A. Lange.
The investigation was conducted by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Division. The case was prosecuted by Assistant U.S. Attorney Mikal Hanson.
Scott Ray Marrowbone, age 37, was sentenced to 24 months in custody, five years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. He must also register as a sex offender.
Marrowbone was indicted by a federal grand jury on October 16, 2012. He pled guilty to Count II of the Indictment—Sexual Contact with a Minor—on January 25, 2013.
The conviction arose from an incident that occurred between May 2005 and October 2007 when Marrowbone sexually assaulted a female minor near Eagle Butte.
Box Elder Man Indicted for Burglary at Ellsworth Air Force BaseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Box Elder, South Dakota, man has been indicted by a federal grand jury for allegedly burglarizing a building at Ellsworth Air Force Base on March 2, 2013.
Corey Roney, age 18, was indicted on July 23, 2013, for third degree burglary, destruction of government property, and larceny. Roney appeared before U.S. Magistrate Judge Veronica L. Duffy on July 25, 2013, and pled not guilty to the indictment.
The maximum penalty upon conviction is 5 years of imprisonment and a $250,000 fine. The charges are merely accusations and Roney is presumed innocent until and unless proven guilty.
The investigation is being conducted by the United States Air Force. Assistant U.S. Attorney Wayne Venhuizen is prosecuting the case.
Roney was released on bond pending trial. A trial date has not been set.Rapid City Man Guilty of Possessing A Stolen GunRead the Press Release
United States Attorney Brendan V. Johnson announced that Sheldon LaPointe, 37, of Rapid City, South Dakota, appeared before Chief Judge Jeffrey L. Viken, U.S. District Court, on July 24, 2013, and pled guilty to a charge of Possession of a Stolen Firearm.
The maximum penalty upon conviction is 10 years’ imprisonment and/or a $250,000 fine.
In October 2012, at Rapid City, LaPointe was given a stolen .45 caliber handgun. The person that gave LaPointe the handgun had informed him it was stolen, and from whom. LaPointe proceeded to hide the gun inside a residence, where it was later retrieved by police.The investigation was conducted by Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rapid City Police Department. The case is being prosecuted by Assistant U.S. Attorney Eric Kelderman.
A presentence investigation was ordered and a sentencing date will be set. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Man Indicted for Failing to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a man, who was most recently living in California, was indicted by a federal grand jury for failing to update his sex offender registration as required.
Robert Charles Black Cloud, age 59, was indicted on July 23, 2013, for Failure to Register as a Sex Offender. He appeared before U.S. Magistrate Judge Veronica L. Duffy on July 24, 2013, and pled not guilty to the indictment.
The maximum penalty upon conviction is 10 years’ imprisonment and/or a $250,000 fine. The charge is merely an accusation and Black Cloud is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Special Assistant U.S. Attorney Laura A. Shattuck is prosecuting the case.
Black Cloud was remanded to the custody of the U.S. Marshal. A trial date has not been set.Guilty Plea in Simple Assault CaseRead the Press Release
United States Attorney Brendan V. Johnson announced that Ta-Sunka-Hinz Thunder Hawk, age 18, of Blackfoot, South Dakota, appeared before U.S. District Judge Roberto A. Lange on July 23, 2013, and pled guilty to a Superseding Information that charged him with Simple Assault.
The maximum penalty upon conviction is 6 months of imprisonment and a $5,000 fine, or both. Restitution and a $10 special assessment to the Federal Crime Victims Fund may also be ordered.
The conviction stems from an incident in March of 2013 when Thunder Hawk went into a room at the Tiospaye Topa High School and grabbed the victim in a bear hug. The victim, who was working at the school, was forced to struggle in order to get free.
The investigation was conducted by the Cheyenne River Tribal Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Thunder Hawk was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for October 14, 2013.Eagle Butte Man Sentenced for Third Degree BurglaryRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Third Degree Burglary was sentenced on July 24, 2013, by U.S. District Judge Roberto A. Lange.
Jake Morrison, age 31, was sentenced to 18 months of imprisonment, two years of supervised release, a $100 special assessment to the Federal Crime Victims Fund, and $972.61 in restitution.
Morrison was indicted by a federal grand jury on February 13, 2013, and pled guilty to the indictment on April 30, 2013.
The charge stems from an incident occurring on January 6, 2013, when Morrison, with the help of two other co-defendants, broke into the Chatter Box Corner Café in Timber Lake and stole several bottles of alcohol.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Morrison was immediately turned over to the custody of the U.S. Marshals Service.Blackfoot Man Pleads Guilty to Abusive Sexual Contact with A ChildRead the Press Release
United States Attorney Brendan V. Johnson announced that Ta-Sunka-Hinz Thunder Hawk, age 18, of Blackfoot, South Dakota, appeared before U.S. District Judge Roberto A. Lange on July 23, 2013, and pled guilty to an Indictment that charged him with Abusive Sexual Contact With a Child.
The maximum penalty upon conviction is life imprisonment and a $250,000 fine, or both; and a period of supervised release of a least five years up to life. There is also a $100 special assessment to the Federal Crime Victims Fund and restitution may also be ordered.
The conviction stems from an incident in March of 2013 when Thunder Hawk had sexual contact with a child under the age of 12 at a residence near Blackfoot.
The investigation was conducted by the Cheyenne River Tribal Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Thunder Hawk was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for October 14, 2013.Two Sentenced for Distribution of A Controlled Substance and Possession with Intent to Distribute A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a man and a woman from Eagle Butte, South Dakota, were sentenced on July 22, 2013, by U.S. District Judge Roberto A. Lange.
Lena Flying By, age 46, charged with Possession with Intent to Distribute a Controlled Substance, was sentenced to 1 week of imprisonment, a $1,000 fine, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Earl Grindstone, age 28, charged with Distribution of a Controlled Substance, was sentenced to 1 month of imprisonment, a $1,000 fine, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Flying By and Grindstone were indicted by a federal grand jury on February 13, 2013. The charges stem from an incident occurring between September 1, 2012, and September 2, 2012, when Cheyenne River law enforcement conducted a vehicle stop and learned from the driver that he had purchased marijuana from a residence in Eagle Butte. After obtaining a search warrant, law enforcement searched the residence and found marijuana along with other drug paraphernalia. Flying By admitted to aiding and abetting the selling of marijuana in her home and Grindstone admitted to selling marijuana.
A third defendant, Terry Flying By, also of Eagle Butte, convicted of Possession with Intent to Distribute a Controlled Substance, will be sentenced on August 19, 2013.
The investigation was conducted by Cheyenne River Sioux Tribe Law Enforcement and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Flying By is to self-report by August 5, 2013, to serve her one-week sentence and Grindstone was to self-report on July 23, 2013, to start serving his one-month sentence.St. Francis Man Charged with LarcenyRead the Press Release
United States Attorney Brendan V. Johnson announced that John Swift, age 65, of St. Francis, South Dakota, appeared before U.S. District Judge Roberto A. Lange on July 23, 2013, and pled guilty to Larceny.
The maximum penalty upon conviction is 5 years in custody, a $250,000 fine, or both; 3 years of supervised release; and $100 to the Federal Crime Victims Fund.
The conviction stems from incidents that took place between August 1, 2009, and December 31, 2010, when Swift took money and property from the St. Francis Volunteer Fire Department to which he was not entitled.
The investigation was conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.
A presentence investigation was ordered and a sentencing date was set for October 7, 2013. The defendant was released on bond pending sentencing.Rosebud Woman Sentenced for Possession with Intent to Distribute MarijuanaRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, woman convicted of Possession with Intent to Distribute Marijuana was sentenced on July 23, 2013, by U.S. District Judge Roberto A. Lange.
Patricia Pacheco, age 23, was sentenced to time served, a $1,000 fine, two years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Pacheco was indicted by a federal grand jury on August 22, 2012, and pled guilty to Count II of the Indictment on April 2, 2013.
The charge stems from an incident on March 21, 2012, wherein Pacheco’s vehicle and residence were searched. Controlled substances, including marijuana and methamphetamine, and drug paraphernalia were found.
The investigation was conducted by the Rosebud Sioux Tribal Law Enforcement and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.Parmelee Man Charged with Aggravated Sexual AbuseRead 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 Aggravated Sexual Abuse.
Daryl Plumman, age 20, was indicted on May 15, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 24, 2013, and pled not guilty to the indictment.
The maximum penalty upon conviction is up to life in custody, a $250,000 fine, or both; life of supervised release; and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation and Plumman 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.
Plumman was detained pending trial. A trial date has not been set.Kyle Woman Sentenced for Possessing Vodka on the Pine Ridge Indian ReservationRead the Press Release
United States Attorney Brendan V. Johnson announced that a Kyle, South Dakota, woman convicted of intoxicants possessed unlawfully in Indian country was sentenced on July 24, 2013, by U.S. Magistrate Judge Veronica L. Duffy.
Donna Janis, age 51, was sentenced to one year of probation and ordered to pay $25 to the Federal Crime Victims Fund.
Janis was indicted by a federal grand jury on December 18, 2012, for intoxicants possessed unlawfully in Indian country. Janis was arrested on November 7, 2012, on the Pine Ridge Indian Reservation for assisting two other individuals in transporting 72 bottles of vodka onto the reservation. Janis pled guilty to the charge on May 15, 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 Wayne Venhuizen prosecuted the case.Rapid City Man Guilty of Illegally Possessing A FirearmRead the Press Release
United States Attorney Brendan V. Johnson announced that Shawn Muldoon, age 30, of Rapid City, South Dakota, appeared before U.S. Magistrate Judge Veronica L. Duffy on July 19, 2013, and pled guilty to a charge of Domestic Violence Offender in Possession of a Firearm and Ammunition.
The maximum penalty upon conviction is 10 years' imprisonment and/or a $250,000 fine.
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, the deputies 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 is being prosecuted by Assistant U.S. Attorney Sarah B. Collins.A presentence investigation was ordered and a sentencing date will be set. The defendant was released on bond pending sentencing.
Oglala Man Pleads Guilty to Assaulting A WomanRead the Press Release
United States Attorney Brendan V. Johnson announced that Billy Bores a Hole, age 28, of Oglala, South Dakota, appeared before U.S. Magistrate Judge Veronica L. Duffy on July 19, 2013, and pled guilty to a charge of Assault with a Dangerous Weapon.
A presentence investigation was ordered and a sentencing date will be set. The defendant was remanded to the custody of the U.S. Marshals Service pending sentencing.
The maximum penalty upon conviction is 10 years' imprisonment and/or a $250,000 fine.
In March 2013, at Oglala, Bores a Hole assaulted a woman by kicking her and stabbing her in the head, neck, back, and stomach, causing life-threatening injuries.
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 is being prosecuted by Assistant U.S. Attorney Sarah B. Collins.Fort Thompson Man Charged with Felon in Possession of FirearmRead 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.
Bryant James Ross, age 39, was indicted by a federal grand jury on July 17, 2013, for Felon in Possession of Firearm. Ross appeared before U.S. Magistrate Judge Mark A. Moreno on July 19, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years of imprisonment, a $250,000 fine, or both; 3 years of supervised release, an additional 2 years of supervised release upon revocation; and a mandatory $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation, and Ross 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.
Ross was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.Florida Man Sentenced for Selling Counterfeit GoodsRead the Press Release
United States Attorney Brendan V. Johnson announced that an Ormand Beach, Florida, man convicted of Trafficking in Counterfeit Goods or Services was sentenced on July 18, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Nir Giist, age 55, was sentenced to one year of probation, ordered to pay a $10,000 fine, and $70,000 in restitution to the victims, which include Monster Energy, The North Face, American Eagle, and Rovio Entertainment (Angry Birds.) Giist also owes $100 to the Federal Crime Victims Fund.
Between February 2010 and August 2011, Giist intentionally sold counterfeit, wearable items through a corporation named Sturgis Black Hills Rally S.D., LLC. Through that corporation, Giist and others owned or leased seven stores in the Black Hills where they sold counterfeit products, as well as legitimate products. The sale of the counterfeit goods, such as t-shirts, hats, pants, shorts, and other wearable items, were deliberately designed and marketed to deceive consumers, and violated the trademarks held by the victims.
“This case serves as a timely reminder that with an event the magnitude of the upcoming Sturgis Motorcycle Rally, there is an increased chance of counterfeit goods being sold or counterfeit money being used. I urge the public to be aware, and if there is a suspicion of counterfeit trafficking, they should contact law enforcement authorities immediately,” cautioned Johnson.
U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) will have special agents on hand at the 2013 Sturgis Motorcycle Rally to investigate allegations of illegal counterfeiting of trademark items.
"HSI takes violations of copyright and trademark laws seriously," said Eugene Paulauskas, acting deputy special agent in charge of HSI St. Paul, which covers South Dakota. “We will continue to pursue criminals who break these laws at events such as these in order to protect the public's health and safety.”
This case was investigated by HSI. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.California Man Charged with Sexual Exploitation of A Child and Distribution of Material Involving the Sexual Exploitation of MinorsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sacramento, California, man has been indicted by a federal grand jury for Sexual Exploitation of a Child and Distribution of Material Involving the Sexual Exploitation of Minors.
Neal LaPointe, age 30, was indicted by a federal grand jury on June 12, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 22, 2013, and pled not guilty to the indictment.
The maximum penalty upon conviction is up to 30 years in custody, a $250,000 fine, or both; life of supervised release; and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
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, 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. U.S. Attorney Brendan Johnson and Assistant U.S. Attorneys Tim Maher and Sarah Collins are prosecuting the case.
LaPointe was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for September 10, 2013.Yankton Man Indicted in Methamphetamine ConspiracyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Yankton, South Dakota, man has been indicted by a federal grand jury for his participation in a methamphetamine distribution conspiracy.
Richard Allen Schaefer, age 42, was indicted by a federal grand jury on July 9, 2013, for conspiracy to distribute 500 grams or more of methamphetamine. He appeared before U.S. Magistrate Judge John E. Simko on July 17, 2013, and pled not guilty to the indictment.The charge carries a mandatory minimum penalty of 10 years and a maximum penalty of life in prison and/or a $10 million fine. The charge is merely an accusation and Schaefer is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Sioux Falls Police Department, the S.D. Division of Criminal Investigation, and the U.S. Drug Enforcement Administration. Assistant U.S. Attorney John E. Haak is prosecuting the case.
Schaefer was remanded to the custody of the U.S. Marshal. A trial date has not been set.Texas Man Indicted for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lockhart, Texas, man has been indicted by a federal grand jury for Failure to Pay Child Support.
Dylan L. Warner, age 30, was indicted by a federal grand jury on November 6, 2012, for failing to pay over $13,300 in past due child support. He appeared before U.S. Magistrate Judge John E. Simko on July 18, 2013, and pled not guilty to the indictment.
The maximum penalty upon conviction is two years' imprisonment and/or a $250,000 fine, one year supervised release, one additional year upon revocation, a $100 assessment fee to the Federal Crime Victims Fund, and child support restitution amount owing at the time of sentencing.
The charge is merely an accusation and Warner is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Department of Health and Human Services, Office of Inspector General. Assistant U.S. Attorney Thomas J. Wright is prosecuting the case.
Warner was released on bond pending trial. A trial date has not been set.Pine Ridge Couple Sentenced for Involuntary ManslaughterRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, couple convicted of Involuntary Manslaughter were sentenced on July 11, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Whitnee Eagle, age 25, and Abraham Silas Red Cloud, age 31, were each sentenced to nine months' custody, three years of supervised release, and ordered to pay $100 to the Federal Crime Victims Fund.
Eagle and Red Cloud were indicted for Felony Child Abuse and Neglect and Involuntary Manslaughter by a federal grand jury on July 24, 2012. The charges stemmed from an incident on June 26, 2012, when Eagle and Red Cloud had been drinking large quantities of alcohol, rolled over on their five-month-old son who was sleeping in the same bed, and suffocated him.
Eagle pled guilty to Involuntary Manslaughter on March 12, 2013, and Red Cloud pled guilty to Involuntary Manslaughter on March 13, 2013.
This case was investigated by the Federal Bureau of Investigation, 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.
Eagle and Red Cloud were immediately turned over to the custody of the U.S. Marshal.Oglala Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that an Oglala, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on July 8, 2013, by Chief Judge Jeffrey L. Viken, United States District Court.
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 Sarah B. Collins prosecuted the case.
Tristan Yellow Horse, age 27, was sentenced to 18 months’ imprisonment and ordered to pay $100 to the Federal Crime Victims Fund.
On February 7, 2011, the victim and others were drinking alcohol and watching the Super Bowl at the victim’s house. Yellow Horse showed up at the victim’s house following the game and was eventually asked to leave. As he was being walked to the door, Yellow Horse punched the victim in the face and knocked him to the ground, causing a dislocated shoulder resulting in extreme pain. He pled guilty on March 8, 2013.Fort Thompson Man Charged with Failure to Register as A Sex OffenderRead 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.
Kyle Marks, age 29, was indicted by a federal grand jury on June 12, 2013, for Failure to Register as a Sex Offender. Marks appeared before U.S. Magistrate Judge Mark A. Moreno on July 17, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years of imprisonment, a $250,000 fine, or both; a mandatory minimum period of at least 5 years of supervised release and an additional mandatory minimum term of 5 years of supervised release upon revocation; and a mandatory $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered. The charge is merely an accusation, and Marks is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service and Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case. Marks was remanded to the custody of the U.S. Marshals Service. A trial date has not yet been set.Florida Man Indicted for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that a West Palm Beach, Florida, man has been indicted by a federal grand jury for Failure to Pay Child Support.
Chadwick T. Chapman, age 26, was indicted by a federal grand jury on June 4, 2013, for failing to pay over $12,898 in past due child support. He appeared before U.S. Magistrate Judge William D. Gerdes on July 16, 2013, and pled not guilty to the indictment.
The maximum penalty upon conviction is two years' imprisonment; a $250,000 fine, one year supervised release, one additional year upon revocation, a $100 assessment fee to the Federal Crime Victim’s Fund, and child support restitution amount owing at the time of sentencing.
The charge is merely an accusation and Chapman is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Department of Health and Human Services, Office of Inspector General. Assistant U.S. Attorney Thomas J. Wright is prosecuting the case.
Chapman was released on bond pending trial. A trial date has been set for September 24, 2013.Florida Man Charged with Attempted Enticement of A Minor Using the Internet and Attempted Sexual Exploitation of A ChildRead the Press Release
United States Attorney Brendan V. Johnson announced that a Bushnell, Florida, man has been indicted by a federal grand jury.
Seth Stone, age 24, was indicted on May 15, 2013, for the Attempted Enticement of a Minor Using the Internet and Attempted Sexual Exploitation of a Child.
Stone was arrested in Florida on June 3, 2013, and appeared before U.S. Magistrate Judge Mark A. Moreno in Pierre, South Dakota, on July 18, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is a mandatory minimum of 10 years up to a maximum of life imprisonment on the enticement of a minor charge, and a mandatory minimum of 15 years up to a maximum of 30 years imprisonment on the sexual exploitation charge. Both counts include a $250,000 fine and term of supervised release of 5 years up to life for each violation, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges are merely accusations, and Stone 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.
Stone was released to a 3rd party custodian with conditions pending trial. A trial date has not been set.Two from Waubay Area Indicted on Assault and Robbery ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that two individuals from the Waubay, South Dakota, area have been indicted by a federal grand jury for Assault with Intent to Commit Murder, Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Robbery.
Beverly A. Gill, age 43, and Tyler G. Sullivan, age 29, were indicted by a federal grand jury on June 18, 2013. Gill appeared before U.S. Magistrate Judge William Gerdes on June 24, 2013, and Sullivan appeared before Judge Gerdes on July 16, 2013. Both pled not guilty to the indictment.
The maximum penalty upon conviction is up to 20 years in custody, a $250,000 fine, or both; 3 years of supervised release and an additional 2 years upon revocation; and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges are merely an accusation and Gill and Sullivan are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Day County Sheriff’s Office and the Federal Bureau of Investigation. Assistant U.S. Attorney Thomas J. Wright is prosecuting the case.
Gill was released on bond, and Sullivan was remanded to the custody of the U.S. Marshal. A trial date has not been set.California Man Pleads Not Guilty to Child Support ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that an Anaheim, California, man has been indicted by a federal grand jury for Failure to Pay Legal Child Support.
Richard A. Wade, age 42, was indicted by a federal grand jury on July 6, 2011, for failing to pay over $21,822 in past due child support. He appeared before U.S. Magistrate Judge John E. Simko on July 16, 2013, and pled not guilty to the indictment.
The maximum penalty upon conviction is 2 years' imprisonment, a $250,000 fine, or both; 1 year of supervised release and 1 additional year of supervised release upon revocation; a $100 assessment fee to the Federal Crime Victim’s Fund; and child support restitution amount owing at the time of sentencing.
The charge is merely an accusation and Wade is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Department of Health and Human Services, Office of Inspector General. Assistant U.S. Attorney Thomas J. Wright is prosecuting the case.
Wade was released on bond pending trial. A trial date has been set for September 24, 2013.Two Men Plead Guilty to Unlawful Taking of Migratory Birds and Lacey Act ViolationsRead the Press Release
United States Attorney Brendan V. Johnson announced that Aaron Eich, age 29, of Sioux Falls, South Dakota, and Chris Paclik, age 21, of Brookings, South Dakota, both appeared before U.S. Magistrate Judge John E. Simko on July 15, 2013, and pled guilty to the Unlawful Taking of Migratory Birds and Lacey Act Violations. They were charged by Information and Eich pled guilty to Count V of the Information that charged him and Paclik pled guilty to Count IV.
For both men, the maximum penalty upon conviction is 1 year of imprisonment, a $100,000 fine, or both; 1 year of supervised release and an additional year of supervised release upon revocation; and a $25 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges stem from an incident wherein Eich and Paclik, along with a group of friends known as “Team Those Guys” hunted between November 24, 2012, and November 29, 2012, in Miner County, South Dakota. Eich illegally killed 65 geese and Paclik illegally killed 54 geese, both using an electronic device. Eich and Paclik admitted they knew it was illegal to use said device while goose hunting during this time of the year. After killing the geese, Eich, Paclik and others transported the dead geese from the field to various locations, in violation of federal law.
The investigation was conducted by the U.S. Fish & Wildlife Service. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the cases.
Both were released on bond pending sentencing. Eich is scheduled to be sentenced on September 5, 2013, and Paclik’s sentencing date is set for August 19, 2013.Sioux Falls Man Pleads Guilty and Is Sentenced for Unlawful Taking of Migratory Birds and Lacey Act ViolationsRead the Press Release
United States Attorney Brendan V. Johnson announced that Travis Vacek, age 34, of Sioux Falls, South Dakota, has pled guilty to Count II of the Amended Information that charged him with Unlawful Taking of Migratory Birds and Lacey Act Violations.
Vacek was sentenced on July 15, 2013, by U.S. Magistrate Judge John E. Simko to 1 year probation, $1,350 in restitution, a $200 fine, and a $25 special assessment to the Federal Crime Victims Fund. Vacek’s hunting privileges were also revoked for 1 year.
The charges stem from an incident wherein Vacek, along with a group of friends known as “Team Those Guys” hunted on November 24, 2012, in Miner County, South Dakota. Vacek illegally killed 18 geese using an electronic device. Vacek admitted he knew it was illegal to use said device while goose hunting during this time of the year. After killing the geese, they were transported from the field to various locations, in violation of federal law.
The investigation was conducted by the U.S. Fish & Wildlife Service. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.Minnesota Woman Sentenced for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that an Inver Grove Heights, Minnesota, woman charged with Failure to Pay Legal Child Support pled guilty and was sentenced on July 15, 2013, by U.S. District Court Judge Karen E. Schreier.
Allison R. Konstanz, age 35, was sentenced to five years of probation, a $100.00 special assessment to the Federal Crime Victims Fund, and child support restitution in the amount of $39,033.55.
Konstanz was indicted by a federal grand jury on January 8, 2013, for failing to pay over $39,428.00 in past due child support. She was ordered by the First Judicial Circuit Court, Bon Homme County, South Dakota, to pay $459.07 per month for her minor child, commencing April 1, 2001. At the time of indictment, she had not made a child support payment since February of 2011, and the total arrearage amount was $39,428.34.
This case was investigated the Department of Health and Human Services, Office of Inspector General Assistant U.S. Attorney Thomas J. Wright prosecuted the case.
The defendant was released from custody.Michigan Man Sentenced for Lacey Act ViolationRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rockford, Michigan, man has pled guilty and been sentenced for a Lacey Act Violation.
Robert Klawieter, age 56, appeared before U.S. Magistrate Judge John E. Simko on July 15, 2013, and pled guilty. Klawieter was sentenced to 1 year unsupervised probation, a $2,500 fine, $1,000 in restitution, and a $25 special assessment to the Federal Crime Victims Fund. He was charged by an Information filed on April 3, 2013.
The charges stem from an incident occurring in November 2011 in which Klawieter did knowingly transport, sell, receive, and acquire one white-tailed buck deer in interstate commerce from South Dakota to Michigan, when he did not have the proper tag for the illegally harvested deer.
The investigation was conducted by the U.S. Fish and Wildlife Service. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.Madison Man Pleads Guilty to Passing Counterfeit United States CurrencyRead the Press Release
United States Attorney Brendan V. Johnson announced that Adrian Daniel Logan, age 26, of Madison, South Dakota, appeared before U.S. District Judge Karen E. Schreier on July 17, 2013, and pled guilty to Passing Counterfeit United States Currency.
The maximum penalty upon conviction is 20 years in custody, a $250,000 fine, or both; 3 years of supervised release; and $100 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on January 10, 2013, when Adrian purchased a bottle of pop from the La Tapatia Mexican Store in Sioux Falls, and paid for it with a counterfeit $20 bill. After receiving genuine currency as change from the store clerk, Logan attempted to pass another counterfeit $20 bill by requesting change for it. When the cashier recognized the second bill as counterfeit, Logan fled the store.
The investigation was conducted by the Madison Police Department, the Sioux Falls Police Department, and the U.S. Secret Service. The case is being prosecuted by Assistant U.S. Attorney Jeffrey C. Clapper.
A presentence investigation was ordered and a sentencing date was set for October 7, 2013. The defendant was released on bond pending sentencing.Canistota Woman Charged with Making and Subscribing False Tax ReturnsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Canistota, South Dakota, woman has been indicted by a federal grand jury for making and subscribing false tax returns.
Veronica Fairchild, age 41, was indicted by a federal grand jury on July 9, 2013. She appeared before U.S. Magistrate Judge John E. Simko on July 16, 2013, and pled not guilty to the indictment.
The maximum penalty upon conviction is up to 3 years in custody, a $250,000 fine, or both; 1 year of supervised release and an additional year upon revocation; and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation and Fairchild is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Internal Revenue Service. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Fairchild was released pending trial. A trial date has not been set.Brookings Man Pleads Guilty to Unlawful Taking of Migratory Birds and Lacey Act ViolationsRead the Press Release
United States Attorney Brendan V. Johnson announced that Chris Paclik, age 21, of Brookings, South Dakota, appeared before U.S. Magistrate Judge John E. Simko on July 15, 2013, and pled guilty to Count IV of the Information that charged him with Unlawful Taking of Migratory Birds and Lacey Act Violations.
The maximum penalty upon conviction is 1 year of imprisonment, a $100,000 fine, or both; 1 year of supervised release, an additional year of supervised release upon revocation; and a $25 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges stem from an incident wherein Paclik, along with a group of friends known as “Team Those Guys” hunted between November 24, 2012, and November 29, 2012, in Miner County, South Dakota. Paclik illegally killed 54 geese using an electronic device. Paclik admitted he knew it was illegal to use said device while goose hunting during this time of the year. After killing the geese, Paclik transported 11 of them from the field to his home in Brookings, in violation of federal law.
The investigation was conducted by the U.S. Fish & Wildlife Service. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Paclik was released on bond pending sentencing which has been set for August 19, 2013.Wanblee Man Indicted on 15 Counts of Sexual Abuse and IntimidationRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wanblee, South Dakota, man has been indicted by a federal grand jury for allegedly sexually abusing and intimidating members of his family between 2006 and 2010.
Charles Chipps, age 65, was indicted by a federal grand jury on June 18, 2013, for seven counts of Aggravated Sexual Abuse of a Minor, three counts of Abusive Sexual Contact of a Minor, three counts of Aggravated Incest, and two counts of Witness Intimidation.
Chipps appeared before U.S. Magistrate Judge Veronica L. Duffy on July 10, 2013, and pled not guilty to the indictment. Chipps faces a mandatory minimum of 30 years’ imprisonment up to a maximum of life imprisonment upon conviction and a $250,000 fine.
The charges are merely accusations and Chipps is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.
Chipps was remanded to the custody of the U.S. Marshal. A trial date has been set for September 17, 2013.
If you have any additional information on this case, please call the Federal Bureau of Investigation at (605) 343-9632.St. Francis Man Charged and Sentenced for Assault by Striking, Beating, and WoundingRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man convicted of Assault by Striking, Beating and Wounding has pled guilty to the charges and was sentenced on July 12, 2013, by U.S. Magistrate Judge Mark A. Moreno.
Andre DeShazier, age 55, was sentenced to 1 year probation and $25 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on April 4, 2013, when DeShazier punched the victim in the head.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Tim Maher. DeShazier was released.Lower Brule Woman Sentenced for Simple AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that Deborah Beardsley, age 50, of Lower Brule, South Dakota, pled guilty to a Superseding Information that charged her with Simple Assault.
Beardsley was sentenced on July 15, 2013, by U.S. Magistrate Judge Mark A. Moreno to 6 months of imprisonment and a $10 special assessment to the Federal Crime Victims Fund.
The charge stems from an incident occurring on February 12, 2013, when Beardsley and her uncle were drinking together and an argument ensued about Beardsley’s daughter. Beardsley became upset at the victim and retrieved a butcher knife, raised it shoulder high and swung it down in an attempt to stab the victim. The victim was able to avoid being stabbed, but both parties have stipulated that Beardsley swung the knife with the intent to do bodily harm to the victim.
The investigation was conducted by the Bureau of Indian Affairs, and Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Beardsley was immediately turned over to the custody of the U.S. Marshals Service.Father and Son Charged with Tax EvasionRead the Press Release
United States Attorney Brendan V. Johnson announced that a father and son have been indicted by a federal grand jury for tax evasion.
Theodore John Nelson, Jr., a/k/a Ted Nelson, age 66, and Steven A. Nelson, age 43, both of Letcher, South Dakota, face charges of conspiracy to defraud the United States, multiple counts of failure to file income tax returns, and impeding the Internal Revenue Service.
They appeared before U.S. Magistrate Judge John E. Simko on July 10, 2013, and pled not guilty to the charges.
Upon conviction, the maximum penalty for the conspiracy charge is 5 years in prison and/or a $250,000 fine, plus restitution. The failure to file charges each carry a maximum penalty of 1 year in prison and/or a $10,000 fine, plus restitution. The impeding charge carries a maximum penalty of 3 years in prison and/or a $5,000 fine.
The charges are merely accusations and both men are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Internal Revenue Service. Assistant U.S. Attorney John E. Haak is prosecuting the case.
Both men were released on bond pending trial, which has been set for September 10, 2013.Additional Indictments in Operation Black WidowRead the Press Release
United States Attorney Brendan V. Johnson announced that two Watertown, South Dakota, men have been indicted by a federal grand jury for their involvement in a drug conspiracy that is part of Operation Black Widow.
In May of 2013, ten individuals were arrested and indicted as part of Operation Black Widow, an extensive multi-year investigation into a wide variety of alleged criminal activity, including illegal gun and drug trafficking.
William Patrick Holmes, age 42, and Todd Karl Bramer, age 46, were indicted by a federal grand jury on July 9, 2013, for conspiracy to distribute 100 kilograms or more of marijuana. They appeared before U.S. Magistrate Judge John E. Simko on July 11, 2013, and pled not guilty to the indictment.
If convicted, the two face a mandatory minimum of 5 years and a maximum of 40 years in custody. The charge is merely an accusation and both men are presumed innocent until and unless proven guilty.
The previously filed indictment that charged six individuals with conspiracy to distribute 50 grams or more of methamphetamine was superseded to add the marijuana conspiracy count. Two of the methamphetamine conspiracy defendants, Eric Allen Block and Patricio Rodriguez Pena, were also charged with Holmes and Bramer in the marijuana conspiracy.
The investigation is being led by the U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives, with assistance from the Watertown Police Department, the Codington County Sheriff, the SD Division of Criminal Investigation, and the Drug Enforcement Administration.
Both Holmes and Bramer were released on bond pending trial.Sioux Falls Man Sentenced to 30 Years for Child Sex TraffickingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man convicted of two counts of Sex Trafficking of a Child has been sentenced to 30 years in prison.
Emmanuel William Nyuon, age 34, appeared before U.S. District Judge Karen E. Schreier today and was sentenced to 360 months on each of the two counts of Sex Trafficking of a Child by Force, Fraud, or Coercion and Conspiracy to Engage in Sex Trafficking of a Child, with the sentences to run concurrently. Nyuon was also sentenced to 10 years supervised release, a $5,000 fine, and a $200 special assessment. A federal jury found Nyuon guilty of these charges on April 5, 2013.
“The sentence handed down today to Emmanuel Nyuon amplifies our message to commercial sex traffickers. Do not set up shop in South Dakota,” said U. S. Attorney Johnson. “With nine convictions, two life sentences, and others being sent away for decades, we have a prosecution rate that sends a clear and critical message that human trafficking will be not tolerated.”In the spring of 2011, the Sioux Falls Police Department (SFPD) Street Crimes Unit began investigating a criminal organization operating in and around Sioux Falls. Witnesses identified several individuals they claimed had been selling narcotics and prostitutes, which included Emmanuel Nyuon. In January of 2012, the SFPD requested federal assistance, and a team consisting of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Federal Bureau of Investigation, the SFPD, and the South Dakota Division of Criminal Investigation began investigating the case.
Johnson also added, “I want to recognize the law enforcement agencies that were involved in this investigation. No one entity can address this problem, and our partnerships are critical as we weed out traffickers in our state.” Johnson recently announced the formation of a Human Trafficking Task Force in South Dakota that will be comprised of law enforcement partners on the federal, state, and local levels.
Assistant U.S. Attorneys Kevin Koliner and Jeff Clapper prosecuted the case. Nyuon was remanded to the custody of the U.S. Marshal to begin serving his sentence.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 the United States 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.