District of South Dakota

United States Attorney Brendan V. Johnson announced that a Wanblee man convicted of Distribution of a Controlled Substance was sentenced on January 14, 2013 by Chief U.S. District Judge Jeffrey L. Viken. Royce Gone, age 32, was sentenced to time served, 2 years' supervised release, and a $100 special assessment to the Victims' Assistance Fund.

On April 3, 2012, Gone distributed more than 5 grams of marihuana at Wanblee, South Dakota. Gone pled guilty to the charge on October 11, 2012.

This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, the Northern Plains Safe Trails Drug Enforcement Task Force, and the Federal Bureau of Investigation. Assistant U.S. Attorney Ted L. McBride prosecuted the case.

United States Attorney Brendan V. Johnson announced that a Pine Ridge man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on January 4, 2013, by Chief U.S. District Judge Jeffrey L. Viken. Louis Michael Pacer, a/k/a Mike Pacer, age 35, was sentenced to 23 months' custody, 3 years' supervised release, and a $100 special assessment to the victims' assistance fund.

Pacer conspired with others to distribute cocaine in South Dakota and elsewhere between 2007 and 2009. Pacer pled guilty to the charge on October 2, 2012.

This case was investigated by the Drug Enforcement Administration, the Unified Narcotics Enforcement Team, the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Special Assistant U.S. Attorney Laura Shattuck prosecuted the case.

Louis Michael Pacer, a/k/a Mike Pacer, was immediately turned over to the custody of the U.S. Marshal.

United States Attorney Brendan V. Johnson announced that a Martin man convicted of Distribution a Controlled Substance was sentenced on January 3, 2013, by Chief U.S. District Judge Jeffrey L. Viken. David Alan Gotheridge, age 55, was sentenced to 2 years' probation and a $100 special assessment to the victims' assistance fund.

On April 17, 2012, Gotheridge distributed hydrocodone with acetaminophen at Martin. Gotheridge pled guilty to the charge on October 2, 2012.

This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, whose member agencies include the Federal Bureau of Investigation, the Bureau of Indian Affairs, the South Dakota Division of Criminal Investigation, the South Dakota Highway Patrol, the Martin Police Department, the Pierre Police Department, and the Oglala Sioux Tribe Department of Public Safety. Special Assistant U.S. Attorney Laura Shattuck prosecuted the case.

US Attorney Brendan V. Johnson announced that a Sioux Falls man charged with bank robbery was sentenced on January 18, 2013, by US District Judge Karen E. Schreier. Alvione Anthony Jones, age 22, was sentenced to 70 months in custody and ordered to pay over $1,600 in restitution.

Jones was indicted for bank robbery by a federal grand jury on July 10, 2012. In June of 2012, the bank manager for the Great Western Bank, located at North Sycamore Avenue in Sioux Falls, arrived at the bank and prepared to open the bank for business. In the parking lot of the bank, Alvione Anthony Jones approached him. After some conversation, Jones displayed what appeared to be a black handgun. He then forced the manager into the bank and directed him to open the bank safe. The safe was opened, and Jones received over $60,000 in various US denominations. Jones then fled the scene. Law enforcement later located Jones in his apartment where they found various items that were used in the robbery. Jones was interviewed and admitted his participation in the robbery of the Great Western Bank. He pled guilty to bank robbery on October 29, 2012.

This case was investigated by the Sioux Falls Police Department and the FBI. Assistant US Attorney Dennis R. Holmes prosecuted the case.

Jones was immediately turned over to the custody of the US Marshal.

U.S. Attorney Brendan V. Johnson announced that a Parmelee man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child.

Randy Never Misses A Shot, age 48, was indicted by a federal grand jury on January 16, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 18, 2013, and pled not guilty to the indictment. The maximum penalty upon conviction is any term of years up to life imprisonment, a $250,000 fine or both. The charge is merely an accusation, and Never Misses A Shot is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy Morley is prosecuting the case. Never Misses A Shot was remanded to the custody of the U.S. Marshal. A trial date has not yet been set.

US Attorney Brendan V. Johnson announced that a Valentine, Nebraska, man convicted of Assaulting a Federal Officer was sentenced on January 17, 2013, by US District Judge Roberto A. Lange. Blake Bordeaux, age 22, was sentenced to 148 days in custody with credit for time served and $25 to the Victim Assistance Fund.

The conviction stems from an incident that took place on August 27, 2011, when Bordeaux assaulted a federal officer.

The investigation was conducted by Rosebud Sioux Tribe Law Enforcement Services. Assistant United States Attorney Marie H. Ruettgers prosecuted the case.

Bordeaux was immediately turned over to the custody of the US Marshal.

US Attorney Brendan V. Johnson announced that Joshua Hale, age 22, of Cherry Creek, South Dakota, appeared before US Magistrate Judge Mark A. Moreno on January 18, 2013, and pled guilty to a Superseding Information that charged him with Assault by Striking, Beating and Wounding. The maximum penalty upon conviction is 6 months in custody, a $5,000 fine, restitution, and a $10 special assessment. 

The conviction arose from an incident that occurred in July 2012 when Hale assaulted an adult male in Cherry Creek, South Dakota.

The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. The case is being prosecuted by Assistant US Attorney Mikal Hanson. 

A presentence investigation was ordered, and a sentencing date was set for April 9, 2013. The defendant was remanded to the custody of the US Marshal pending sentencing. 

United States Attorney Brendan V. Johnson announced that an Allen, South Dakota, man has been indicted by a federal grand jury for allegedly stealing money order checks, which had a value of over $1,000, from a woman at Pine Ridge in March 2012.

Clarence W. Yellow Hawk, Sr., age 44, was indicted by a federal grand jury on December 18, 2012, for Larceny.  Yellow Hawk appeared before United States Magistrate Judge Veronica L. Duffy on January 10, 2013, and pled not guilty to the indictment.  The maximum penalty upon conviction is 5 years of imprisonment and a $250,000 fine.  The charge is merely an accusation, and Yellow Hawk is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.  Assistant United States Attorney Wayne Venhuizen is prosecuting the case.  Yellow Hawk was released on bond pending trial.  A trial date has been set for March 19, 2013.

US Attorney Brendan V. Johnson announced that a Sioux City woman charged with bank robbery was sentenced on January 14, 2013, by US District Judge Karen E. Schreier. Michelle Marie Bock, age 39, was sentenced to 36 months in custody to be followed by 2 years of supervised release. She was also ordered to make restitution to the bank in the amount of $808.

Bock robbed the First Premier Bank, located at 3401 South Kiwanis Avenue, in Sioux Falls on July 17, 2012. At that time she presented a note reading “This is a robbery” to a teller, and was given money. Bock had taped fake dynamite to her torso and wore the “bomb” into the bank.

Bock concocted a story to law enforcement that she had been kidnapped in Sioux City and forced to rob the bank. She said two men had taped the bomb to her torso and said they told her they would blow it up if she failed to do as instructed.

This case was investigated by the Sioux Falls Police Department and the Federal Bureau of Investigation. Assistant US Attorney John E. Haak prosecuted the case.

Bock was immediately turned over to the custody of the US Marshal.

United States Attorney Brendan V. Johnson announced that a Wanblee woman convicted of Felony Child Abuse & Neglect was sentenced on January 3, 2014, by Chief U.S. District Judge Jeffrey L. Viken. Kehuanna Poitra, age 31, was sentenced to 120 months' custody and 3 years' supervised release, and ordered to pay $100 to the Victim Assistance Fund.

Between July and August, 2011, at Wanblee, Poitra failed to properly care for her infant son and did not seek necessary medical attention, causing his death. The infant was sent home from Rapid City Regional Hospital in the care of Poitra who was given strict instructions for his care including monitoring or an apnea/Bradycardia machine, medication, and specialized formula. She failed to provide this care for him, resulting in his extreme malnourishment, dehydration, and ultimately pneumonia, which caused his death. Poitra pled guilty on October 3, 2013.

This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

Poitra was immediately turned over to the custody of the U.S. Marshal.

United States Attorney Brendan V. Johnson announced that a St. Francis woman has been indicted by a federal grand jury for Making False Statement to a Federal Agency and Concealing Person From Arrest. Candice Waln, age 34, was indicted by a federal grand jury on December 11, 2012. She appeared before United States Magistrate Judge Mark A. Moreno on January 14, 2013, and pled not guilty to the indictment. The maximum penalty upon conviction is 5 years in custody, a $250,000 fine, or both.

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

The investigation is being conducted by the United States Marshal's Service. Assistant United States Attorney Tim Maher is prosecuting the case.

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

US Attorney Brendan V. Johnson announced that Darrel Ray Hollingsworth, age 46, of Sioux Falls appeared before U.S. District Judge Karen E. Schreier on January 14, 2013, and pled guilty to an indictment that charged him with conspiracy to distribute 50 grams or more of a mixture containing methamphetamine. The offense carries a mandatory minimum penalty of 5 years and a maximum penalty of 40 years in prison, and/or a $5 million fine.

Between August 2011 and January 2012, Hollingsworth and a co-conspirator traveled to Arizona on at least three occasions to obtain methamphetamine to sell in South Dakota. Hollingsworth provided funds to finance the trips and to purchase the drugs. Others distributed the methamphetamine, collected payments, and returned the payments to Hollingsworth.

The investigation was conducted by the U.S. Drug Enforcement Administration, and the case is being prosecuted by Assistant US Attorney John E. Haak.

A presentence investigation was ordered, and a sentencing date was set for April 8, 2013. The defendant was remanded to the custody of the US Marshal pending sentencing.

United States Attorney Brendan V. Johnson announced that a Rapid City woman convicted of Simple Assault was sentenced on January 3, 2013, by U.S. Magistrate Judge Veronica L. Duffy. Shalaine Bear Runner, age 26, was sentenced to 3 years of probation and ordered to pay $25 to the Victim Assistance Fund.

In June 2012 at Pine Ridge, Bear Runner and another person assaulted a seven-month old infant, causing bruising and bleeding. She pled guilty on October 9, 2012.

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.

United States Attorney Brendan V. Johnson announced that a Porcupine man has been indicted by a federal grand jury for allegedly assaulting another man at Porcupine on August 17, 2011.

Tony Little Boy, age 22, was indicted by a federal grand jury on December 18, 2012, for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.  Little Boy appeared before United States Magistrate Judge Veronica L. Duffy on January 9, 2013, and pled not guilty to the indictment. 

The maximum penalty upon conviction is 10 years in custody and a $250,000 fine on each count.  The charges are merely accusations, and Little Boy is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.  Assistant United States Attorney Wayne Venhuizen is prosecuting the case.  Little Boy was released on bond pending trial.  A trial date has been set for March 19, 2013.

United States Attorney Brendan V. Johnson announced that a Pierre man has been indicted by a federal grand jury for Failure to Register as a Sex Offender. Adrian Wells, age 36, was indicted by a federal grand jury on December 11, 2012. He appeared before United States Magistrate Judge Mark A. Moreno on January 14, 2013, and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years in custody, a $250,000 fine, or both.

The charge is merely an accusation, and Wells is presumed innocent until and unless proven guilty.

The investigation is being conducted by the United States Marshal's Service. Assistant United States Attorney Marie H. Ruettgers is prosecuting the case.

Wells was remanded to the custody of the United States Marshal pending trial. A trial date has not been set.

US Attorney Brendan V. Johnson announced that Casey Dean Hoefert, age 33, of Sioux Falls, appeared before U.S. District Judge Karen E. Schreier on January 15, 2013, and pled guilty to an indictment that charged him with conspiracy to distribute 500 grams or more of a mixture containing methamphetamine. The charge carries a mandatory minimum penalty of 10 years and a maximum penalty of life in prison, and/or a $10 million fine.

Between May 2010 and January 2012, Hoefert acted as a middle man between two co-conspirators, accepting delivery of methamphetamine from one and delivering it to another, who gave Hoefert payment for the drugs. Hoefert then gave the money to the co-conspirator who originally provided the drugs.

The investigation was conducted by the Minnesota Bureau of Criminal Apprehension, the South Dakota Division of Criminal Investigation, and the US Drug Enforcement Administration. The case is being prosecuted by Assistant US Attorney John E. Haak.

A presentence investigation was ordered, and a sentencing date was set for April 8, 2013. The defendant was remanded to the custody of the US Marshal pending sentencing.

United States Attorney Brendan V. Johnson announced that an Arizona man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on January 3, 2013, by Chief U.S. District Judge Jeffrey L. Viken. James Lee Walker, age 45, was sentenced to time served, 2 years' supervised release, and a $100 special assessment to the Victim Assistance Fund.

The charge relates to Walker conspiring with another person to distribute 50 grams or more of methamphetamine in the District of South Dakota and elsewhere in 2011 and 2012.  Walker pled guilty to the charge on September 7, 2012.

This case was investigated by the Drug Enforcement Administration and the Unified Narcotics Enforcement Team.  Assistant U.S. Attorney Ted L. McBride prosecuted the case.

United States Attorney Brendan V. Johnson announced that a Pine Ridge man has been indicted by a federal grand jury for leaving the Community Alternatives of the Black Hills on December 15, 2012, and not returning.

Abraham Yellow Horse, age 24, was indicted by a federal grand jury on January 8, 2013, for Escape from Custody.  Yellow Horse appeared before United States Magistrate Judge Veronica L. Duffy on January 9, 2013, and pled not guilty to the indictment.  The maximum penalty upon conviction is 5 years of imprisonment and a $250,000 fine. 

The charge is merely an accusation, and Yellow Horse is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the United States Marshal’s Service.  Assistant United States Attorney Eric Kelderman is prosecuting the case.  Yellow Horse was remanded to the custody of the United States Marshal.  A trial date has not yet been set.

United States Attorney Brendan V. Johnson announced that a Mobridge, South Dakota, woman has been indicted by a federal grand jury for leaving the Community Alternatives of the Black Hills on December 15, 2012, and not returning.

Camille Touche, age 26, was indicted by a federal grand jury on January 8, 2013, for Escape from Custody.  Touche appeared before United States Magistrate Judge Veronica L. Duffy on January 9, 2013, and pled not guilty to the indictment.  The maximum penalty upon conviction is 5 years of imprisonment and a $250,000 fine.  The charge is merely an accusation, and Touche is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the United States Marshal’s Service.  Assistant United States Attorney Eric Kelderman is prosecuting the case.  Touche was remanded to the custody of the United States Marshal.  A trial date has not yet been set.

United States Attorney Brendan V. Johnson announced that a Manderson man has been indicted by a federal grand jury for allegedly stealing a 2004 Chevrolet Silverado pickup truck from the Pine Ridge area on January 13, 2012, and transporting it across the state line.

Clayton Fire Thunder, age 28, was indicted by a federal grand jury on March 20, 2012, for Larceny and Interstate Transportation of Stolen Motor Vehicle.  Fire Thunder appeared before United States Magistrate Judge Veronica L. Duffy on January 9, 2013, and pled not guilty to the indictment.  The maximum penalty upon conviction is 10 years of imprisonment and a $250,000 fine. 

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

The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.  Assistant United States Attorney Eric Kelderman is prosecuting the case.  Fire Thunder was remanded to the custody of the United States Marshal.  A trial date has been set for March 19, 2013.

US Attorney Brendan V. Johnson announced that Jarrod Johnson, age 41, of Fort Thompson, appeared before US District Judge Roberto A. Lange on January 10, 2013, and pled guilty to the Superseding Information that charged him with Abusive Sexual Contact. The maximum penalty upon conviction is 3 years of imprisonment, a $250,000 fine, or both.

The charge stems from an incident when Johnson engaged in and attempted to engage in sexual contact with the victim, who at that time was incapable of appraising the nature of the sexual contact.

The investigation was conducted by the Bureau of Indian Affairs. Assistant US Attorney Meghan N. Dilges is prosecuting the case. Johnson was released pending sentencing. A sentencing date has been set for March 25, 13.

U.S. Attorney Brendan V. Johnson announced that Cliff Marshall, Jr., age 35, of White Horse, South Dakota, appeared before U.S. District Judge Roberto A. Lange on January 9, 2013, and pled guilty to an indictment that charged him with Assault Resulting in Serious Bodily Injury. The maximum penalty upon conviction is 10 years' imprisonment, a $250,000 fine or both.

The conviction stems from an incident on June 8, 2012, when Marshall assaulted the victim resulting in serious injuries that required hospitalization. The investigation was conducted by the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Troy Morley.

A presentence investigation was ordered, and a sentencing date was set for April 1, 2013. The defendant has been ordered to self-report on or before March 1, 2013, to the U.S. Marshal’s Service.

US Attorney Brendan V. Johnson announced that a Valentine, Nebraska, woman convicted of one count of Wire Fraud and one count of Theft from Gaming Establishment on Indian Lands was sentenced on January 10, 2013, by United States District Judge Roberto A. Lange. Michelle Carrier, age 37, was sentenced to 6 months’ probation, $10,000 in restitution, and $200 to the Victim Assistance Fund.

Between February 1, 2008, and June 30, 2009, Carrier used her position as a payroll clerk for the Rosebud Casino to embezzle funds by manipulating the payroll system in order to pay herself more than what she was entitled to receive. She pled guilty to the charges on October 10, 2012.

The investigation was conducted by the Federal Bureau of Investigation and Rosebud Sioux Tribe Law Enforcement Services. Assistant United States Attorney Marie H. Ruettgers prosecuted the case.

United States Attorney Brendan V. Johnson announced that a St. Francis, man convicted of Involuntary Manslaughter was sentenced on January 10, 2013, by United States District Judge Roberto A. Lange. Dino Dean Kane, age 23, was sentenced to 40 months in custody, 2 years of supervised release, and a $100 special assessment to the Victim Assistance Fund.

Kane was indicted by a federal grand jury on August 22, 2012, and pled guilty to the charge on October 10, 2012.

The conviction stems from an incident that took place on August 4, 2012, when Kane was driving a motor vehicle recklessly and could not keep the vehicle on the roadway. The victim died from injuries sustained in the crash.

The investigation was conducted by the Federal Bureau of Investigation and Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant United States Attorney Tim Maher.

Kane was remanded to the custody of the United States Marshal.

US Attorney Brendan V. Johnson announced that Kelly Crow Dog, age 27, of Rosebud, South Dakota, appeared before US District Judge Roberto A. Lange on January 10, 2013, and pled guilty to one count of Assault Resulting in Serious Bodily Injury. The maximum penalty upon conviction is 10 years of imprisonment, $250,000 fine, or both.

The charge stems from an incident on August 7, 2012, when Crow Dog argued with the victim, grabbed her hair and shirt, threw her on the ground, placed a knife on her throat, and stabbed her left hand.

The investigation was conducted by the Federal Bureau of Investigation. Assistant United States Attorney Marie H. Ruettgers is prosecuting the case. Crow Dog was released and ordered to self-report on January 14, 2013. A sentencing date has been set for April 8, 2013.

US Attorney Brendan V. Johnson announced that a Norris man convicted of Involuntary Manslaughter was sentenced on January 10, 2013, by US District Judge Roberto A. Lange. Mark Clairmont, age 38, was sentenced to 33 months in custody, 2 years of supervised release, and $100 to the Victim Assistance Fund.

Clairmont was indicted for Involuntary Manslaughter by a federal grand jury on June 12, 2012. The charge stems from an incident occurring on February 17, 2012, when Clairmont was driving a motor vehicle at approximately 79 miles per hour, had been drinking alcoholic beverages, and was under the influence of alcohol. Claimant lost control of the vehicle; it traveled into a ditch and rolled. The victim was ejected through the rear window of the vehicle and died on scene. Claimant’s blood alcohol level was determined to be .281, two hours after the crash. Claimant pled guilty to Involuntary Manslaughter on October 9, 2012.

The investigation was conducted by the Federal Bureau of Investigation and Rosebud Sioux Tribe Law Enforcement Services. Assistant United States Attorney Marie H. Ruettgers prosecuted the case.

Clairmont was immediately turned over to the custody of the US Marshal.

United States Attorney Brendan V. Johnson announced that a Mission man convicted of Assault with a Dangerous Weapon was sentenced on January 10, 2013, by United States District Judge Roberto A. Lange. Byron Eagleman, age 31, was sentenced to 30 months in custody, 2 years of supervised release, and a $100 special assessment to the Victim Assistance Fund.

The conviction stems from an incident that took place on April 30, 2012, when Eagleman, who was highly intoxicated, cut and stabbed the victim while the victim attempted to prevent a fight between Eagleman and another person.

The investigation was conducted by Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant United States Attorney Marie H. Ruettgers.

Eagleman was remanded to the custody of the United States Marshal.

US Attorney Brendan V. Johnson announced that a Lower Brule man convicted of Failure to Register as a Sex Offender and Assault by Striking, Beating and Wounding was sentenced on January 7, 2013, by US District Judge Roberto A. Lange.

Glen Eagle Thunder, age 38, was sentenced to 17 months of imprisonment and 5 years of supervised release on the failure to register charge and 1 month on the assault charge. The sentences are to be served consecutively. Eagle Thunder was on supervised released when he committed the above offenses and was sentenced to an additional 11 months in custody upon revocation to be served concurrently. He is also to pay $110 to the Victim Assistance Fund.

On or about June 22, 2012, Eagle Thunder consumed alcohol and assaulted a family member. He was released on bond and absconded, failing to update his sex offender registration as required. He pled guilty to the charges on October 10, 2012.

The investigation was conducted by the Federal Bureau of Investigation and the US Marshal’s Service. Assistant US Attorney Meghan N. Dilges prosecuted the case.

Eagle Thunder was immediately turned over to the custody of the US Marshal.

US Attorney Brendan V. Johnson announced that Douglas LaRoche, age 44, of Lower Brule, appeared before US District Judge Roberto A. Lange on January 9, 2013, and pled guilty to the Superseding Information that charged him with Abusive Sexual Contact. The maximum penalty upon conviction is 3 years of imprisonment, $250,000 fine, or both.

The charge stems from an incident when LaRoche knowingly engaged in and attempted to engage in sexual contact with someone, who at the time was incapable of appraising the nature of the conduct and was physically incapable of declining participation in and communicating unwillingness to engage in the sexual contact.

The investigation was conducted by the Federal Bureau of Investigation. Assistant US Attorney Meghan N. Dilges is prosecuting the case. LaRoche was remanded to the custody of the US Marshal pending sentencing. A sentencing date has been set for April 1, 2013.

The United States Attorney for the District of South Dakota, Brendan V. Johnson, announced that Black Hills Tree Farm (“BHTF”) and Western Hills Tree Farm (“WHTF”), both of Philip, South Dakota, jointly paid $170,000 to settle allegations that they defrauded the United States Department of Agriculture (“USDA”) crop insurance program.

The claim was brought under the federal False Claims Act and alleged that between September 1, 2005, and November 15, 2006, BHTF and WHTF engaged in a scheme to sell hail damaged trees for which BHTF already received crop insurance payments.  BHTF was obligated to return all monies received from the sale of those trees to the crop insurance program.  Instead, BHTF used WHTF as a third party to accomplish the sale and conceal from the USDA the true sale price of the trees.

“The crop insurance program is of vital importance to our farmers and ranchers, and my office will continue our efforts to vigorously protect the integrity of the program,” said Johnson.

According to the Settlement Agreement, BHTF and WHTF deny the allegations made by the United States, but settled the case without admitting liability to avoid the delay, uncertainty, inconvenience, and expense of protracted litigation.

"The Federal Crop Insurance Program is a central component of our nation's farm safety net, and when one farmer takes advantage of that system, all farmers are hurt.  To preserve the safety net for honest, hard-working farmers, the Risk Management Agency actively works to decrease fraud, waste and abuse in the Federal Crop Insurance Program," said Brandon Willis, Acting Administrator of USDA's Risk Management Agency, which manages the Federal Crop Insurance Program.

The investigation was conducted by the USDA, Office of Inspector General.  The United States was represented by Assistant United States Attorney Robert Gusinsky.

United States Attorney Brendan V. Johnson announced that Antoine Kills In Water, age 30, of St. Francis, South Dakota, appeared before United States District Judge Roberto A. Lange on January 10, 2013, and pled guilty to Simple Possession of a Controlled Substance. The maximum penalty upon conviction is 1 year in custody, a $100,000 fine, or both; 1 year of supervised release; and a $25 special assessment.

The conviction stems from an incident that took place between April 29, 2011, and May 11, 2011, when Kills In Water used and possessed methamphetamine and marijuana.

The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant United States Attorney Tim Maher.

Kills In Water was remanded to the custody of the United States Marshal.

United States Attorney Brendan V. Johnson announced that a Rosebud  man convicted of Robbery and Aiding and Abetting was sentenced on January 9, 2013, by United States District Judge Roberto A. Lange.  Raymond Walter Gassman, age 19, was sentenced to 46 months in custody, 2 years of supervised release, $790 in restitution, and a $100 special assessment to the Victim Assistance Fund.

Gassman was indicted by a federal grand jury on June 12, 2012, and pled guilty to the charge on October 24, 2012.

On May 8, 2012, Gassman was with another individual when they robbed the Paul Mart convenience store by entering the store with bandanas on their faces to mask their appearance and brandished weapons.  Gassman attempted to steal things of value, including merchandise and the cash register from the store clerk.

The investigation was conducted by Rosebud Sioux Tribe Law Enforcement Services.  The case was prosecuted by Assistant United States Attorney Tim Maher.

Gassman was remanded to the custody of the United States Marshal.

United States Attorney Brendan V. Johnson announced that Misty Fawn Swalley, age 22, of Mission appeared before United States District Judge Roberto A. Lange on January 9, 2013, and pled guilty to Assault with a Dangerous Weapon and Aiding and Abetting. The maximum penalty upon conviction is 10 years in custody, a $250,000 fine, or both.

The conviction stems from an incident that took place on October 1, 2011, when Swalley and others assaulted and beat the victim, which included kicking the victim with shod feet and cutting the victim with a broken bottle.

The investigation was conducted by Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant United States Attorney Tim Maher.

Swalley must report to the custody of the United States Marshal on February 15, 2013.

US Attorney Brendan V. Johnson announced that Dalton Mollard, age 20, of Fort Pierre, appeared before US District Judge Roberto A. Lange on January 10, 2013, and pled guilty to one count of the indictment that charged him with Distribution of a Controlled Substance. The maximum penalty upon conviction is 5 years of imprisonment, a $250,000 fine, or both.

The charge stems from an incident on April 4, 2012, when Mollard knowingly and intentionally distributed marijuana, a Schedule I controlled substance, to others.

The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, and Assistant US Attorney Kathryn N. Rich is prosecuting the case. Mollard was remanded to the custody of the US Marshal pending sentencing. A sentencing date has been set for March 25, 2013.

US Attorney Brendan V. Johnson announced that Ryan Wright, age 27, of Eagle Butte, appeared before US District Judge Roberto A. Lange on January 10, 2013, and pled guilty to Count III of the Indictment that charged him with Assault Resulting in Serious Bodily Injury. The maximum penalty upon conviction is 10 years of imprisonment, a $250,000 fine, or both.

The charge stems from a November 14, 2012, incident when Wright, after an evening of drinking to celebrate a move to a new residence, argued with other people present, left the residence but came back and hit the victim with his car, running the victim over several times. The victim suffered fractures in his left ankle and pelvis which required surgery.

The investigation was conducted by the Bureau of Indian Affairs. Assistant US Attorney Kathryn N. Rich is prosecuting the case. Wright was remanded to the custody of the US Marshal pending sentencing. A sentencing date has been set for April 1, 2013.

United States Attorney Brendan V. Johnson announced that three additional people have been charged in an indictment involving controlled substance analogues. A federal grand jury handed down the indictment on January 8, 2013.

Lamonte Christopher Johnson, Jr., aka "Chris," age 43, and Renee Sue Johnson, age 40, both of Canton, were each charged with one count of Conspiracy to Distribute a Controlled Substance Analogue and one count of Money Laundering.  Edward Lewis Vandeuren, aka “Edward Lewis Vandeuren, III,” age 62, of Sioux Falls, is charged with one count of Conspiracy to Distribute a Controlled Substance Analogue.

All three of the defendants appeared before US Magistrate Judge John E. Simko on January 9, 2013, and pled not guilty to the indictment.  The maximum penalty upon conviction of the drug charge is 20 years in prison and a $1,000,000 fine.  The maximum penalty on the money laundering charge is 10 years in prison and a $250,000 fine.  The charges are merely accusations, and Lamonte Christopher Johnson, Jr., Renee Johnson, and Vandeuren are all presumed innocent until and unless proven guilty.

The indictment relates to an ongoing investigation involving the Roll With It stores in Sioux Falls.

Previously indicted individuals in this investigation, Corey Brandon Morrison, Gwen Arlene Pike, and Andrea Jean Anderson, all from Sioux Falls, and Thomas Patrick Harms and Cynthia Renee Harms, both of Luverne, Minnesota, made their initial court appearance on October 12, 2012.  They all pled not guilty and are awaiting trial.

The investigation is being conducted by the United States Drug Enforcement Administration, the Internal Revenue Service, and the Sioux Falls Area Drug Task Force.  United States Attorney Brendan Johnson and Assistant US Attorney John E. Haak are prosecuting the case.  All defendants were released on conditions pending trial.  A trial date has not yet been set.

United States Attorney Brendan V. Johnson announced that three additional people have been charged in an indictment involving controlled substance analogues. A federal grand jury handed down the indictment on January 8, 2013.

Lamonte Christopher Johnson, Jr., aka "Chris," age 43, and Renee Sue Johnson, age 40, both of Canton, were each charged with one count of Conspiracy to Distribute a Controlled Substance Analogue and one count of Money Laundering.  Edward Lewis Vandeuren, aka “Edward Lewis Vandeuren, III,” age 62, of Sioux Falls, is charged with one count of Conspiracy to Distribute a Controlled Substance Analogue.

All three of the defendants appeared before US Magistrate Judge John E. Simko on January 9, 2013, and pled not guilty to the indictment.  The maximum penalty upon conviction of the drug charge is 20 years in prison and a $1,000,000 fine.  The maximum penalty on the money laundering charge is 10 years in prison and a $250,000 fine.  The charges are merely accusations, and Lamonte Christopher Johnson, Jr., Renee Johnson, and Vandeuren are all presumed innocent until and unless proven guilty.

The indictment relates to an ongoing investigation involving the Roll With It stores in Sioux Falls.

Previously indicted individuals in this investigation, Corey Brandon Morrison, Gwen Arlene Pike, and Andrea Jean Anderson, all from Sioux Falls, and Thomas Patrick Harms and Cynthia Renee Harms, both of Luverne, Minnesota, made their initial court appearance on October 12, 2012.  They all pled not guilty and are awaiting trial.

The investigation is being conducted by the United States Drug Enforcement Administration, the Internal Revenue Service, and the Sioux Falls Area Drug Task Force.  United States Attorney Brendan Johnson and Assistant US Attorney John E. Haak are prosecuting the case.  All defendants were released on conditions pending trial.  A trial date has not yet been set.

US Attorney Brendan V. Johnson announced that a Sioux Falls man charged with passport fraud and misuse of a Social Security number was sentenced on January 4, 2013, by US District Judge Karen E. Schreier. Mark Steven Shepard, a/k/a Kellynn Daleigh Kennedy, a/k/a Kellynn Dalemay Kennedy, a/k/a Mark Oliver Gallaher, age 56, was sentenced to 12 months custody and one year of supervised release on each count, to be served concurrently.

On October 3, 2011, Shepard applied for and received a South Dakota driver's license in the name of Kellynn Daleigh Kennedy, using a United States passport in that name as proof of his identity. He had obtained that passport by fraudulently claiming the Social Security number of another person as his own.

The investigation was conducted by the Department of State - Diplomatic Security Service, the Department of Homeland Security - Document Benefit Task Force of Minneapolis, MN, and the Social Security Administration. Assistant US Attorney Connie Larson prosecuted the case.

Shepard was immediately turned over to the custody of the US Marshal.

United States Attorney Brendan V. Johnson announced that Benjamin George Murphy, age 65, of Rosebud, South Dakota, appeared before United States District Judge Roberto A. Lange on January 9, 2013, and pled guilty to Abusive Sexual Contact. The maximum penalty upon conviction is 20 years in custody, a $250,000 fine, or both.

The conviction stems from an incident that took place between December 1, 1999, and December 15, 1999, when Murphy had sexual contact with a minor.

The investigation was conducted by the Federal Bureau of Investigation and Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant United States Attorney Tim Maher.

Murphy must report to the custody of the United States Marshal on February 1, 2013.

United States Attorney Brendan V. Johnson announced that Dadra Raye Connors, age 35, of Mission, appeared before United States District Judge Roberto A. Lange on January 9, 2013, and pled guilty to Assault with a Dangerous Weapon. The maximum penalty upon conviction is 10 years in custody, a $250,000 fine, or both.

The conviction stems from an incident that took place on May 20, 2012, when Connors drove her truck at the victim as he was walking across a gravel road. The victim dove into the ditch to avoid being hit. During the process, a second victim fell out or was ejected from the cargo area of Connors' truck and was injured.

The investigation was conducted by Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant United States Attorney Tim Maher.

Connors was remanded to the custody of the United States Marshal.

US Attorney Brendan V. Johnson announced that a Fort Thompson, South Dakota, woman convicted of Involuntary Manslaughter was sentenced on January 7, 2013, by US District Judge Roberto A. Lange. Leigha Koster, age 20, was sentenced to 33 months of imprisonment, 2 years of supervised release, $100 to the Victim Assistance Fund, and $16,995.18 in restitution.

Koster was indicted for Involuntary Manslaughter and Child Abuse by a federal grand jury on August 14, 2012. The charges stem from an incident on July 28, 2012, when Koster was driving while under the influence of alcohol with her boyfriend in the passenger seat. Koster was stopped for a traffic stop. While the officer was reviewing the license plate on the vehicle, Koster took off. A high speed chase, in excess of 100 miles per hour, ensued. While attempting to make a turn, she lost control of the vehicle, causing it to roll and crash. Her boyfriend was ejected and died at the scene.

The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs. Assistant US Attorney Meghan N. Dilges prosecuted the case.

Koster was immediately turned over to the custody of the US Marshal.

US Attorney Brendan V. Johnson announced that an Eagle Butte man charged with Assaulting, Resisting or Impeding a Federal Officer was sentenced on January 8, 2013, by US District Judge Roberto A. Lange. Matthew Dupris, age 24, was sentenced to 13 months in custody, 2 years of supervised release, and a $100 assessment to the Victim Assistance Fund.

Dupris was indicted for the above charge by a federal grand jury on June 12, 2012. The charge stems from an incident occurring on March 8, 2012, in which Dupris assaulted a federal officer after being detained on suspicion of driving under the influence. Dupris was placed under arrest after failing the sobriety tests. At the detention facility, Dupris swung at an officer, hitting him in the face with his fists. The officer suffered a concussion as a result of the assault.

The investigation was conducted by Cheyenne River Sioux Tribal Law Enforcement Services, and Assistant United States Attorney Kathryn N. Rich prosecuted the case.

Dupris was immediately turned over to the custody of the US Marshal.

U.S. Attorney Brendan V. Johnson announced that a Bismarck, North Dakota, man convicted of Simple Assault and Assault by Striking, Beating or Wounding was sentenced on January 8, 2013, by U.S. Magistrate Judge Mark A. Moreno. Harlan J. Fisher, age 44, was sentenced to 12 months in custody and a $20 special assessment.

Fisher was indicted by a federal grand jury on June 12, 2012. He pled guilty to a superseding information on January 8, 2013. The conviction stems from an incident on June 2, 2012, when Fisher unlawfully assaulted the victim by striking the victim in the mouth and also on top of her head, causing injury.

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

Fisher was immediately turned over to the custody of the U.S. Marshal.

United States Attorney Brendan V. Johnson announced that Benjamin Leonard, age 57, of Pine Ridge, appeared before U.S. Magistrate Judge Veronica L. Duffy on December 21, 2012, and pled guilty to Sexual Abuse of a Minor. The Magistrate Judge is expected to recommend Leonard’s plea be accepted by the District Court. The maximum penalty upon conviction is 15 years' imprisonment and/or a $250,000 fine.

Between June and August 2010, near Pine Ridge, Leonard engaged in a sexual act with a child under the age of 16. The investigation was conducted by the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Sarah B. Collins.

A presentence investigation was ordered, and a sentencing date was set for April 2, 2013. The defendant was remanded to the custody of the United States Marshal pending acceptance of this plea and sentencing.

US Attorney Brendan V. Johnson announced that a Nebraska man convicted of the Unlawful Taking of Migratory Waterfowl was sentenced on January 4, 2013, by US District Judge Charles B. Kornmann. Jeremy Hoefs, age 30, was sentenced to 5 years of probation, $4,700 restitution to the United States Fish and Wildlife Service, a $500 fine, and a $25 special assessment. 

Hoefs was indicted for Conspiracy to Violate the Lacey Act, Failure to Lawfully Tag Migratory birds, and the Sale and Possession of Wildlife in Violation of Migratory Bird Act by a federal grand jury in April 2012. He pled guilty to a superseding information charging him with Aiding and Abetting the Unlawful Taking of Waterfowl Without Proper Licenses on January 4, 2013.

The conviction stems from an incident that occurred in the fall of 2009 in Marshall County when Hoefs, while employed as a guide for Windy Hill Outfitters, aided and abetted the unlawful taking of ducks by hunters who did not have valid hunting licenses.

The investigation was conducted by the U.S. Fish & Wildlife Service. Assistant US Attorney Mikal Hanson prosecuted the case. 

US Attorney Brendan V. Johnson announced that a Browning, Montana, man charged with Failure to Pay Legal Child Support was sentenced on January 3, 2013, by US District Judge Charles B. Kornmann. Timothy L. Black Weasel, age 28, was sentenced to 3 years of unsupervised probation, a $100 special assessment to the Victim Assistance Fund, and child support restitution in the amount of $15,718.21.

Black Weasel was indicted for failing to pay over $18,000 in past due child support by a federal grand jury on April 4, 2012. He was ordered by the Rosebud Sioux Tribal Court to pay $200 per month for his minor child commencing May 1, 2004. Said support was subsequently modified to $391 commencing July 1, 2008. At the time of indictment, he had not made a child support payment since November of 2010, and the total arrearage amount was $18,516.65. Black Weasel pled guilty to the charge on January 3, 2013.

This case was investigated the Department of Health and Human Services, Office of Inspector General. Assistant US Attorney Thomas J. Wright prosecuted the case.

United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Aggravated Sexual Abuse was sentenced on January 8, 2013, by United States District Judge Roberto A. Lange. Justin Beardt, age 30, was sentenced to 11 years in custody, 5 years supervised release, $320 in restitution, and a $100 special assessment to the Victim Assistance Fund.

The conviction stems from an incident that took place on January 23, 2011, when Beardt sexually abused the victim by force.

The investigation was conducted by the Federal Bureau of Investigation and Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant United States Attorney Tim Maher.

Beardt was remanded to the custody of the United States Marshal.

United States Attorney Brendan V. Johnson announced that Willard Lynn Dorian, Jr., age 36, of Mission, South Dakota, appeared before United States District Judge Roberto A. Lange on January 8, 2013, and pled guilty to Domestic Assault by Habitual Offender. The maximum penalty upon conviction is 5 years in custody, a $250,000 fine, or both.

The conviction stems from an incident that took place on July 3, 2011, when Dorian assaulted his domestic partner causing her bodily injury.

The investigation was conducted by Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant United States Attorney Marie H. Ruettgers.

Dorian was remanded to the custody of the United States Marshal.

US Attorney Brendan V. Johnson announced that a Monroe, Michigan, man charged with Failure to Pay Legal Child Support was sentenced on January 4, 2013, by US District Judge Charles B. Kornmann. Stephen J. Peterson, age 35, was sentenced to 2 years of unsupervised probation, a $100 special assessment to the Victim Assistance Fund, and child support restitution in the amount of $16,494.92.

Peterson was indicted for failing to pay over $13,000 in past due child support by a federal grand jury on October 4, 2011. Peterson was ordered by the Seventh Judicial Circuit Court, Pennington County, South Dakota, to pay $189 per month for his minor child commencing May 1, 2000. The support was modified and is currently $208 per month. At the time of indictment, he had not made a child support payment since July of 2009, and the total arrearage amount was $13,582.92. Peterson pled guilty to the charge on October 15, 2012.

This case was investigated the Department of Health and Human Services, Office of Inspector General. Assistant US Attorney Thomas J. Wright prosecuted the case.

U.S. Attorney Brendan V. Johnson announced that a McLaughlin man convicted of one count of Conspiracy to Distribute and Possess With Intent to Distribute a Controlled Substance and one count of Assault With a Dangerous Weapon was sentenced on January 4, 2013, by U.S. District Judge Charles B. Kornmann. Nathan Martin, age 30, was sentenced to 109 months in custody, 3 years of supervised release, and a $200 special assessment.

Martin was indicted by a federal grand jury in February 2012. He pled guilty to two counts of a superseding indictment in October of 2012.

The conviction stems from Martin knowingly and intentionally conspiring to distribute and possess a mixture or substance containing methamphetamine, a Schedule II controlled substance in 2011, and aiding and abetting a co-defendant who kicked a victim with shod feet and forced a firearm into the victim’s mouth.

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

Martin was immediately turned over to the custody of the U.S. Marshal.