FEDERAL DISTRICT ARCHIVE
District of South Dakota
Press releases recorded for this federal judicial district.
Rapid City Man Sentenced for Involuntary ManslaughterRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Camela C. Theeler has sentenced a Rapid City, South Dakota, man convicted of Involuntary Manslaughter. The sentencing took place on October 2, 2024.
Lionel Morrison, age 53, was sentenced to three years of probation and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Morrison was indicted for the charge by a federal grand jury in July of 2023. He pleaded guilty on June 7, 2024.
In May of 2023, Morrison, who was intoxicated, was driving a vehicle just north of Pine Ridge when he lost control of the vehicle. After losing control of the vehicle, Morrison overcorrected the path of the vehicle causing it to roll three times causing the front passenger to be ejected from the vehicle. The victim ultimately succumbed to his injuries on the way to the hospital.
This matter was prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian country be prosecuted in Federal court as opposed to State court.
This case was investigated by the Oglala Sioux Tribe – Department of Public Safety and the FBI. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Pine Ridge Man Charged with Assaulting an InfantRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Pine Ridge, South Dakota, man for Assault Resulting in Serious Bodily Injury against a minor victim.
Sinte White Butterfly, age 25, was indicted in September of 2024. He appeared before U.S. Magistrate Judge Daneta Wollmann on September 30, 2024, and pleaded not guilty to the Indictment.
The penalty upon conviction is a mandatory minimum of 10 years up to life in custody and/or a $250,000 fine, five years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge stems from White Butterfly assaulting a two-month-old infant and causing serious bodily injury to the infant in August of 2024.
The charge is merely an accusation and White Butterfly is presumed innocent until and unless proven guilty.
This matter is being prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian Country be prosecuted in Federal court as opposed to State court.
The investigation is being conducted by the Oglala Sioux Tribe Department of Public Safety Criminal Investigations Division. Assistant U.S. Attorney Anna Lindrooth is prosecuting the case.
White Butterfly was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
McLaughlin Man Sentenced for Voluntary ManslaughterRead the Press Release
ABERDEEN - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Charles B. Kornmann has sentenced a McLaughlin, South Dakota, man convicted of Voluntary Manslaughter. The sentencing took place on September 30, 2024.
Johnathan Guggolz, 48, was sentenced to five years in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Guggolz was indicted by a federal grand jury in October of 2023. He pleaded guilty on July 8, 2024.
On the afternoon of August 29, 2023, in McLaughlin, South Dakota, within the Standing Rock Sioux Indian Reservation, a 62-year-old man pulled into the school driveway to pick his wife up from work. Guggolz pulled up next to the man and confronted him about his driving, mocking and belittling him. The man eventually exited his car, secured a pair of duct-taped homemade nunchucks to protect himself, and squared up with Guggolz, a former amateur boxer. After a few moments of posturing, the man thrust the nunchucks towards Guggolz’ hip. Guggolz then punched the man in the face, knocking him unconscious. The man fell backwards and struck his head on the concrete. Guggolz glanced down at the man, now lying helpless on the driveway, then returned to his pickup and drove away. The man subsequently died of a traumatic brain injury incurred in the assault.
This matter was prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian country be prosecuted in federal court as opposed to State court.
This case was investigated by the FBI, the Bureau of Indian Affairs – Office of Justice Services, and the Mobridge Police Department. Assistant U.S. Attorney Carl Thunem prosecuted the case.
Guggolz was immediately remanded to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced to Federal Prison for Possession of Child PornographyRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Lawrence L. Piersol has sentenced a Sioux Falls, South Dakota, man convicted of Possession of Child Pornography. The sentencing took place on September 30, 2024.
Justin Lee Williams, age 48, was sentenced to three years and five months in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100. Once released, Williams must register as a sex offender.
Williams was indicted by a federal grand jury in February of 2024. He pleaded guilty on July 15, 2024.
The conviction stemmed from incidents between March 23, 2023, and June 27, 2023, when Williams possessed images of child pornography. A CyberTip was received which showed that Williams had accessed child pornography on his cellular phone. Law enforcement conducted multiple searches and located two cell phones with several images and videos of child pornography, including that of a minor female as young as 6-10 years old.
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 U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
This case was investigated by Homeland Security Investigations, the South Dakota Internet Crimes Against Children Task Force, and the National Center for Missing and Exploited Children. Assistant U.S. Attorney Elizabeth A. Ebert-Webb prosecuted the case.
Williams was immediately remanded to the custody of the U.S. Marshals Service.
Indiana Man Pleads Guilty to Conspiracies Involving Cyber Intrusion and $37 Million Cryptocurrency TheftRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced that Evan Frederick Light, age 21, of Lebanon, Indiana, appeared before U.S. Magistrate Judge Veronica Duffy on September 30, 2024, and pleaded guilty to an Indictment that charged him with Conspiracy to Commit Wire Fraud and Conspiracy to Launder Monetary Instruments.
The maximum penalty for each count upon conviction is 20 years in custody and/or a fine, three years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
“These convictions reflect the relentless efforts of the U.S. Attorney’s Office and the FBI in identifying a cybercriminal, holding him accountable, and prioritizing the victims of his crimes,” said U.S. Attorney Ramsdell. “Although this defendant tried to hide in the shadows of a cyber underworld, he was not beyond the reach of our team, and today’s guilty verdicts should serve as a reminder that this Office and its law enforcement partners will bring cyber criminals to justice, regardless how sophisticated their crimes may be.”
“This case underscores the FBI’s unwavering commitment to identifying and bringing cybercriminals to justice," said Special Agent in Charge Alvin M. Winston Sr. of FBI Minneapolis. “Cyber-intrusions pose a serious threat to both individuals and businesses, and we are dedicated to protecting the public from these sophisticated attacks. The FBI will continue to work alongside our partners to ensure that those who exploit technology for financial gain are held accountable, no matter how complex or far-reaching their schemes may be.”
According to court documents, in February of 2022, Light was involved in a cyber-intrusion involving an investment holdings company located in Sioux Falls, South Dakota. During the cyber-intrusion, Light stole customer personal identifiable information (“PII”) and then stole cryptocurrency worth over $37 million from nearly 600 victims. He acted with one or more unidentified perpetrators.
Specifically, during the cyber intrusion, Light accessed the identity of a real client of the investment holdings company and unlawfully utilized that identity to infiltrate the investment holdings company’s computer servers. After successfully accessing the computer servers, he then exfiltrated from the servers the PII of hundreds of other clients, using this access to steal virtual currencies from the clients who held such assets with the investment holdings company.
The stolen cryptocurrency, under Light’s control, was then funneled to various locations throughout the world, including multiple mixing services and gambling websites to conceal his identity and to hide the virtual currency. Light’s conduct adversely affected victims all over the world, including South Dakota. As a result of his conduct, the total loss was approximately $37 million.
The investigation was conducted by the FBI. The case is being prosecuted by Assistant U.S. Attorney Jeremy R. Jehangiri.
A presentence investigation was ordered and a sentencing date has not been set. The defendant was remanded to the custody of the U.S. Marshals Service pending sentencing.
Huron Man Sentenced for Attempted Enticement of a MinorRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Lawrence L. Piersol has sentenced a Huron, South Dakota, man convicted of Attempted Enticement of a Minor Using the Internet. The sentencing took place on September 30, 2024.
Kyle Dean Bult, age 38, was sentenced to 12 years and seven months in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100. Once released, Bult must register as a sex offender.
Bult was indicted by a federal grand jury in April of 2024. He pleaded guilty on July 1, 2024.
The conviction stemmed from incidents between March 9, 2024, and March 10, 2024, when Bult accessed the media application Taimi, via his cellular phone, and initiated a text conversation with a 15-year-old female. During the conversation, Bult sent several messages to her asking questions, including her age. Bult also sent several messages that were sexual in nature, including asking for a meeting for a sexual encounter. Unbeknownst to Bult, an undercover agent was posing as the 15-year-old female. Bult drove to a meeting place and was arrested.
This is Bult’s third criminal conviction for a sexual offense involving a minor victim.
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 U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
This case was investigated by the South Dakota Internet Crimes Against Children Task Force and Homeland Security Investigations. Assistant U.S. Attorney Elizabeth A. Ebert-Webb prosecuted the case.
Bult was immediately remanded to the custody of the U.S. Marshals Service.
Allen Man Found Not Guilty of Involuntary ManslaughterRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced that an Allen, South Dakota, man was acquitted of Involuntary Manslaughter following a federal jury trial in Rapid City, South Dakota, on September 25, 2024.
Layne Sharp, age 28, was indicted by a federal grand jury in September of 2023.
The charge related to Sharp allegedly operating a motor vehicle on May 15, 2022, near Pine Ridge while under the intoxicating influence of alcohol after which the vehicle crashed resulting in another male being killed.
The investigation was conducted by the Oglala Sioux Tribe – Department of Public Safety and the FBI. The U.S. Attorney's Office prosecuted the case.
Two Lead Men Indicted for Possessing a Machine GunRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted two men from Lead, South Dakota, for illegal possession of machine guns.
Ray Steele, age 62, was indicted in May of 2024 for Possession of a Firearm by a Prohibited Person and Unlawful Possession of a Machine Gun. He appeared before U.S. Magistrate Judge Daneta Wollmann on August 7, 2024, and pleaded not guilty to the Indictment.
John Sitar, age 43, was indicted in September of 2024 for Unlawful Possession of a Machine Gun and Possession of Unregistered Firearm. He appeared before U.S. Magistrate Judge Daneta Wollmann on September 23, 2024, and pleaded not guilty to the Indictment.
In May of 2024, search warrants were executed at the residences of Steele and Sitar. Law enforcement found seven firearms, thousands of ammunition rounds, hundreds of ammunition components, and six machine gun conversation devices in Steele’s residence. Steele is a previously convicted felon who is prohibited from possessing firearms. Sitar was found to possess a machine gun conversion device, as well as a short-barrel rifle which was not registered to him in the National Firearms Registration and Transfer Record, as required by law.
“Machine gun conversion devices convert semi-automatic firearms into highly lethal and illegal machine guns,” said Alison J. Ramsdell, U.S. Attorney for the District of South Dakota. “The use of such devices presents a grave threat to both the public and law enforcement.”
The maximum penalty for Steele upon conviction is up to 15 years in custody and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered. The maximum penalty for Sitar upon conviction is up to 10 years in custody and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges are merely an accusation and Steele and Sitar are presumed innocent until and unless proven guilty.
These cases are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The investigations are being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Lead Police Department. Assistant U.S. Attorney Benjamin Patterson is prosecuting the cases.
Steele was remanded to the custody of the U.S. Marshals Service pending his trial, which is scheduled for December 17, 2024. Sitar was released on bond pending his trial, which has not been scheduled yet.
Mission Man Sentenced to Federal Prison for Possession of an Unregistered Firearm, Larceny, and Failure to AppearRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Eric C. Schulte has sentenced a Mission, South Dakota, man convicted of Possession of an Unregistered Firearm, Larceny, and Failure to Appear. The sentencing took place on September 16, 2024.
Hunter Brave, 21, was sentenced to one year and ten months in federal prison, followed by three years of supervised release, $1,000 restitution, and ordered to pay a $300 special assessment to the Federal Crime Victims Fund.
Brave was indicted for possession of an unregistered firearm in September of 2023. He was indicted for failure to appear, and robbery and assault with a dangerous weapon, by a federal grand jury in January of 2024. On May 14, 2024, a Superseding Information charging Larceny was filed. Brave pleaded guilty in all three cases on May 22, 2024.
On August 6, 2023, Brave was in a vehicle parked outside the Sunrise Apartments in Mission, South Dakota, on the Rosebud Indian Reservation. Brave was in possession of a “short shotgun” also known as a sawed-off shotgun, and fired a round off prompting calls to 911 by community members. Law enforcement responded and found Brave with the shotgun that was not registered to him in the National Firearms and Transfer Record. Following his indictment, Brave was released on bond conditions.
On November 28, 2023, Brave and a co-defendant stole a vehicle in Mission, driving in a reckless manner, causing damage to the vehicle. On November 30, 2023, Brave failed to appear for a bond revocation hearing in federal court in Pierre as required by his bond conditions.
These cases were investigated by the Rosebud Sioux Tribe Law Enforcement Services, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the U.S. Marshals Service. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Brave was immediately remanded to the custody of the U.S. Marshals Service.
Madison Man Sentenced for Receipt and Distribution of Child PornographyRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Roberto A. Lange has sentenced a Madison, South Dakota, man convicted of Receipt and Distribution of Child Pornography. The sentencing took place on September 16, 2024.
Christopher James Smith, age 32, was sentenced to six and a half years in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100. Smith must register as a sex offender upon his release from federal prison.
Smith was indicted by a federal grand jury in August of 2023. He pleaded guilty on June 26, 2024.
The conviction stemmed from incidents between January 18, 2021, and August 19, 2022, when Smith knowingly received files containing child pornography, including victims as young as one and two-years old.
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 U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
This case was investigated by Homeland Security Investigations, the South Dakota Internet Crimes Against Children Task Force, and the National Center for Missing and Exploited Children. Assistant U.S. Attorneys Jeffrey C. Clapper and Elizabeth A. Ebert-Webb prosecuted the case.
Smith was immediately remanded to the custody of the U.S. Marshals Service.
California Woman Sentenced for Possession with Intent to Distribute MethamphetamineRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Eric C. Schulte has sentenced an Antioch, California, woman convicted of Possession with Intent to Distribute a Controlled Substance.
Jennifer Walsh, age 44, was sentenced on September 23, 2024, to eight years and one month in federal prison, followed by three years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Walsh was indicted by a federal grand jury in the March of 2023. She pleaded guilty on June 24, 2024.
On November 24, 2022, Walsh and her co-defendant Andrea Pitts were pulled over due to speeding on I-90 in Chamberlain, South Dakota. During the course of the traffic stop, a K-9 drug detection dog was called and alerted to the presence of drugs. A search of the vehicle revealed five pounds of methamphetamine in a hidden compartment. Walsh and Pitts were transporting the drugs from California to South Dakota where the methamphetamine would be distributed.
This case was investigated by the South Dakota Highway Patrol and the Northern Plains Safe Trails Drug Task Force. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Walsh was immediately remanded to the custody of the U.S. Marshals Service following her sentencing. Pitts is scheduled to be sentenced on October 8, 2024.
Rosebud Woman Sentenced for AssaultRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced today that U.S. District Court Judge Eric C. Schulte has sentenced a Rosebud, South Dakota, woman convicted of Assault Resulting in Serious Bodily Injury. The sentencing took place on September 17, 2024.
Talena Pretty Bird, age 22, was sentenced to one year and one day in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Pretty Bird was indicted by a federal grand jury in July of 2023. She pleaded guilty on March 5, 2024.
In the morning of November 24, 2022, Pretty Bird, her sister, her mother, and two juveniles responded to a call from Pretty Bird’s brother. Pretty Bird’s brother mistakenly reported that a female had assaulted him and vandalized his vehicle. When Pretty Bird arrived at her brother’s location in Spring Creek, an argument began between Pretty Bird’s group and the victim. The argument escalated to Pretty Bird and others assaulting the victim. Pretty Bird’s sister assaulted the victim with a bat, and Pretty Bird also punched and struck the victim. As a result of the assault, the victim suffered a broken left arm that required surgery and a scalp laceration that required staples. The offense occurred within the Rosebud Sioux Indian Reservation.
This matter was prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian Country be prosecuted in Federal court as opposed to State court.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher prosecuted the case.
Pretty Bird was immediately remanded to the custody of the U.S. Marshals Service.
Rapid City Man Found Guilty of Five Charges of Assault on a Federal OfficerRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced that a jury has convicted Jeremy Crow, age 31, of Rapid City, South Dakota, of five counts of Assault on a Federal Officer following a two-day jury trial in federal district court in Rapid City, South Dakota. The verdict was returned on September 11, 2024.
Each charge carries a maximum penalty of eight years in custody and/or a $250,000 fine, three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Crow was indicted by a federal grand jury in February of 2024.
On December 22, 2023, a 911 call was placed by an unknown caller in a residential area of Pine Ridge. Oglala Sioux Tribe Department of Public Safety was dispatched to the area. A lone tribal officer arrived on scene and observed Crow and an unknown female with apparent facial injuries. The officer made contact with Crow, who was observed to have uncontrollable movements and believed to be under the influence of a controlled substance. The officer attempted to detain Crow, who immediately resisted and assaulted the officer by pushing him backwards. Crow then jumped into the police vehicle and was going to drive off until the officer jumped in and pushed the ignition switch to off. Crow was forcibly removed from the vehicle and actively resisted law enforcement’s efforts to detain him. After numerous commands, Crow was eventually tased, but the tasing did not entirely subdue Crow. A bystander noticed the officer was struggling to detain Crow, and called for backup for the officer. Additional officers arrived on scene and during the process of handcuffing Crow, the original officer was bit on his right bicep. After securing Crow into the backseat of the patrol car, he then spat on a female officer. Crow was eventually taken to jail. Two days later, on December 24, 2023, a corrections officer attempted to provide food and a drink to Crow when he rushed through the cell door forcing his way out. Crow resisted the corrections officers and bit two of them on their hands.
This case was investigated by the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Megan Poppen prosecuted the case.
A presentence investigation was ordered and a sentencing date has been set for December 2, 2024. The defendant was remanded to the custody of the U.S. Marshals Service.
Kyle Man Found Not Guilty of Sexual AbuseRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced that a Kyle, South Dakota, man was acquitted of Aggravated Sexual Abuse and Sexual Abuse following a federal jury trial in Rapid City, South Dakota, on September 13, 2024.
Howard Rooks, age 53, was indicted by a federal grand jury in March of 2024.
The charges relate to the alleged sexual abuse of a 13 year-old female child in August 2023, at Kyle.
The investigation was conducted by the Federal Bureau of Investigation and the U.S. Attorney's Office prosecuted the case.
South Dakota Surgical Hospital Agrees to Pay More Than $12.7M to Resolve Alleged False Claims Act ViolationsRead the Press Release
WASHINGTON – Siouxland Surgery Center LLP, doing business as Dunes Surgical Hospital (Dunes), United Surgical Partners International Inc. (USPI) and USP Siouxland Inc. have agreed to pay approximately $12.76 million to resolve alleged False Claims Act violations relating to improper financial relationships between Dunes and two physician groups. Dunes is a surgical hospital located in Dakota Dunes, South Dakota. Since July 1, 2014, USPI has maintained partial ownership of Dunes through USP Siouxland, a wholly owned subsidiary of USPI. Dunes and USPI disclosed the arrangements at issue to the government following an internal compliance review and independent investigation.
The settlement resolves allegations that, from at least 2014 through 2019, Dunes made significant financial contributions to a non-profit affiliate of a physician group whose physicians referred patients to Dunes. Those payments allegedly funded the salaries of athletic trainers who generated referrals to both the physician group and to Dunes. The settlement also resolves allegations, that during the same time period, Dunes provided another physician group with free or below-fair-market-value clinic space, staff, and supplies. The United States alleged that these arrangements violated both the Anti-Kickback Statute (AKS) and the Physician Self-Referral Law, commonly known as the Stark Law. The AKS prohibits the provision of remuneration to induce the referral of services or items that are paid for by a federal health care program. The Stark Law prohibits hospitals from billing for certain services referred by physicians with whom the hospital has a financial relationship, unless that relationship satisfies one of the law’s statutory or regulatory exceptions. A claim submitted in violation of the AKS or the Stark Law can also violate the False Claims Act.
“The AKS and Stark Law are designed to ensure that decisions about patient care are based on physicians’ independent medical judgment and not their personal financial interest,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “As this settlement reflects, we will hold accountable those who violate these important safeguards, but we will also give to those who disclose their wrongdoing, take appropriate remedial actions and meaningfully cooperate with the government’s investigation.”
In connection with the settlement, the United States acknowledged that Dunes and USPI took a number of significant steps entitling them to credit for cooperating with the government. Following an internal compliance review and independent investigation, Dunes and USPI promptly took remedial actions and disclosed the relevant arrangements to the government. Dunes and USPI also provided the government with a detailed and thorough written disclosure and cooperated with the government throughout its investigation.
“Illegal kickbacks and self-referrals make healthcare more expensive and create the potential for medical decisions that are not based on what is best for patients,” said U.S. Attorney Timothy T. Duax for the Northern District of Iowa. “Our office welcomes the cooperation of those who self-disclose and will continue to work with our law enforcement partners to ensure that taxpayers do not bear the costs of illegal and unethical practices.”
“The U.S. Attorney’s Office is dedicated to fostering a healthcare environment that prioritizes patient well-being above all,” said U.S. Attorney Alison Ramsdell for the District of South Dakota. “We stand firmly against any actions that could undermine the trust and transparency that form the cornerstone of patient care and remain committed to working closely with healthcare professionals and regulatory bodies to promote ethical practices to ensure patients receive the highest standard of care.”
“Individuals and entities that participate in the federal health care system are required to obey laws designed to preserve the integrity of program funds and ensure the provision of appropriate, quality services to patients,” said Special Agent in Charge Linda T. Hanley of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “Together with our federal and state law enforcement partners, we remain committed to investigating allegations of improper arrangements that can put patient safety at risk.”
The settlement resolves allegations of false billings to the Medicare, TRICARE and Medicaid programs. The Medicaid program is jointly funded by the federal and state governments. In addition to the approximately $12.76 million to be paid to the federal government for alleged violations of the False Claims Act, South Dakota, Iowa and Nebraska will collectively receive approximately $1.37 million for their share of the Medicaid portion of the settlement.
The resolution obtained in this matter was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section; U.S. Attorney’s Office for the Northern District of Iowa; U.S. Attorney’s Office for the District of South Dakota; and HHS-OIG.
The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to HHS at 800-HHS-TIPS (800-447-8477).
Trial Attorney Nathan Green, Assistant U.S. Attorney Brandon Gray for the Northern District of Iowa and Assistant U.S. Attorney Alexis Warner for the District of South Dakota handled the matter.
The claims resolved by the United States in the settlement are allegations only. There has been no determination of liability.
U.s. Attorney’s Office to Work with Local Partners to Reduce Domestic ViolenceRead the Press Release
SIOUX FALLS – Attorney General Merrick B. Garland has approved an initial set of 78 communities across 47 states for designation under Section 1103 of the Violence Against Women Act Reauthorization Act of 2022. The Justice Department - through its United States Attorney’s offices (USAOs) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) - will partner with each designated jurisdiction to develop a plan to reduce intimate partner firearm violence and to prioritize prosecutions of domestic violence offenders prohibited under 18 U.S. Code Section 922(g) from owning firearms.
United States Attorney Alison J. Ramsdell applauded Attorney General Garland as well as the Oglala Sioux Tribe for agreeing to participate in this program. “Intimate partner violence involving guns presents a grave danger to victims trapped in violent relationships. Once domestic violence abusers take to firearms, the threat to their victims increases exponentially. Through this program, we will add new focus and commitment to our federal, tribal, and state investigative and prosecutive response. History has shown that, particularly with this type of crime, law enforcement collaboration and strong community partnerships provide the best means of stemming this violence and punishing those who perpetrate it.”
“We are proud to stand alongside our colleagues at the U.S. Attorney’s Office on this focused initiative,” said Special Agent in Charge Travis S. Riddle, of the St. Paul Field Division. “A firearm in the hands of domestic abuser is a very real threat to those trapped in these unfortunate situations. We highly encourage those who may find themselves, or may know of a person, affected by domestic violence where a firearm is involved to reach out to authorities. No one should have to live their life in constant fear, and we’re here to work alongside our law enforcement partners to investigate these cases.”
Communities have been designated in close coordination with community stakeholders. They include rural areas, suburban areas, urban areas, and Tribal communities. The Justice Department used data to identify communities that could benefit from increased focus on intimate partner violence resources and where the local jurisdiction is committed to partnering with the Department to increase the use of federal tools to prosecute offenders under 18 U.S.C. 922(g). The designation represents the partnership and coordination between the department and the local jurisdiction to ensure federal resources are being leveraged effectively to address intimate partner firearm violence.
The Justice Department anticipates additional jurisdictions to be designated as USAOs continue coordination with their local stakeholders. All USAOs, with or without specific community designations under Section 1103, will continue to combat intimate partner firearm violence and prioritize prosecutions of domestic violence offenders as part of their Project Safe Neighborhoods strategy and in support of the Department’s Comprehensive Strategy for Reducing Violent Crime.
St. Francis Man Convicted of BurglaryRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Eric C. Schulte has sentenced a St. Francis, South Dakota, man convicted of Second-Degree Burglary. The sentencing took place on September 9, 2024.
Antonio Molina, 35, was sentenced to one year and five months in federal prison, followed by two years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Molina was indicted for second-degree burglary by a federal grand jury in August of 2023. He pleaded guilty on June 10, 2024.
The conviction arose from an incident in St. Francis, within the Rosebud Sioux Indian Reservation, where Molina broke into an individual’s home and attempted to steal various items, including a firearm. Molina was apprehended by law enforcement as he was leaving the scene of the burglary.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Meghan Dilges prosecuted the case.
Molina was immediately remanded to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Eric C. Schulte has sentenced a Sioux Falls, South Dakota, man convicted of Failure to Register as a Sex Offender. The sentencing took place on September 9, 2024.
Calvin Spotted Tail, 44, was sentenced to 27 months in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Spotted Tail was indicted by a federal grand jury in December of 2023. He pleaded guilty on June 6, 2024.
On December 1, 2005, Spotted Tail pleaded guilty to Sexual Abuse in federal court in South Dakota. As a result of this conviction, Spotted Tail is required to register as a sex offender pursuant to the Sex Offender Registration and Notification Act (SORNA). Spotted Tail last registered with authorities on October 31, 2023. He left his registered address on November 2, 2023, did not return, and did not update his registration as required. Spotted Tail was arrested on October 31, 2023, in Sioux Falls.
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 U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Brian J. Murphy prosecuted the case.
Spotted Tail was immediately remanded to the custody of the U.S. Marshals Service.
Parmelee Man Sentenced for Attempted RobberyRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Parmelee, South Dakota, man convicted of Attempted Robbery. The sentencing took place on September 10, 2024.
Phillip Clairmont, age 25, was sentenced to four years and six months in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. Clairmont was further ordered to pay restitution in the amount of $25,000.
Clairmont was indicted by a federal grand jury in March of 2024. He was found guilty following a two-day jury trial in June of 2024.
On January 13, 2024, Clairmont entered a convenience store in Parmelee, which is within the boundaries of the Rosebud Sioux Indian Reservation. The victim worked at the store and was seated behind the store counter. Clairmont approached the victim and began assaulting him, by striking him in the head and face, and demanded money. The victim agreed to give Clairmont money, at which point Clairmont stopped assaulting the victim. The victim then retrieved a firearm and shot Clairmont in the abdomen. Clairmont immediately fled the store, and the victim called 911. Clairmont was located a short time later at a nearby residence and was hospitalized for his injuries.
This matter was prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian country be prosecuted in Federal court as opposed to State court.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Clairmont was immediately remanded to the custody of the U.S. Marshals Service.
Fort Pierre Woman Convicted of Possession with Intent to Distribute MethamphetamineRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Eric C. Schulte has sentenced a Fort Pierre, South Dakota, woman convicted of Possession with Intent to Distribute a Controlled Substance. The sentencing took place on September 9, 2024.
Carla Reed, 62, was sentenced to four years and seven months in federal prison, followed by three years of supervised release, a $1,000 fine, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Reed was indicted for possession with intent to distribute a controlled substance by a federal grand jury in July of 2023. She pleaded guilty on June 12, 2024.
Reed was involved in distributing methamphetamine in the Fort Pierre area. Reed would take trips to Denver, Colorado, to pick up large amounts of methamphetamine and bring it back to Fort Pierre, where she distributed it from her home. On February 18, 2023, law enforcement conducted a traffic stop of Reed’s vehicle on a return trip from Denver, seizing 130 grams of pure methamphetamine.
This case was investigated Northern Plains Safe Trails Drug Task Force and the South Dakota Highway Patrol. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Reed was immediately remanded to the custody of the U.S. Marshals Service.
U.S. Attorney’s Offices Announces Canadian Man Pleads Guilty to Destruction of an Energy Facility for Acts in both North Dakota and South DakotaRead the Press Release
BISMARCK – District of North Dakota United States Attorney Mac Schneider and District of South Dakota United States Attorney Alison Ramsdell announced that Cameron Monte Smith, a citizen of Canada appeared in Federal court on September 11, 2024, in Bismarck and pleaded guilty before District Court Judge Daniel M. Traynor to one count of destruction of an energy facility charged in the District of North Dakota and one count of destruction of an energy facility charged in the District of South Dakota.
Smith is facing up to 20 years of imprisonment on each count.
Smith admitted to damaging the Wheelock Substation, located near Ray, N.D., in an amount exceeding $100,000, in May of 2023. The Wheelock substation is operated by Mountrail-Williams Electric Cooperative and Basin Electric Power Cooperative.
Smith also admitted to damaging a transformer and pumpstation of the Keystone Pipeline located near Carpenter, South Dakota, in an amount exceeding $100,000, in July of 2022.
Smith damaged the Wheelock substation and the Keystone Pipeline equipment by firing multiple rounds from a high-power rifle into the equipment resulting in disruption of electric services to the North Dakota customers and resulting in disruption of the Keystone Pipeline in South Dakota.
“This defendant deliberately and very violently attacked our nation’s energy infrastructure,” Schneider said. “Our law enforcement partners put an end to those attacks, and this guilty plea provides a measure of accountability for the defendant’s actions and extensive damage he caused. Our career prosecutors and colleagues in the District of South Dakota deserve credit for working cooperatively to ensure this defendant faced justice in federal court.”
“Cameron Smith orchestrated and executed attacks on critical energy infrastructure in North and South Dakota using a high-powered rifle,” said U.S. Attorney Alison Ramsdell. “Thanks to our partners in the District of North Dakota, the FBI, ATF, and the National Security Division, this defendant has been held to account for his criminal activity, and he will now be subject to serious time in federal prison.”
This case is being investigated by the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, the Williams County (ND) Sheriff’s Office, the South Dakota Division of Criminal Investigation, the Clark County (SD) Sheriff’s Department, and the Beadle County (SD) Sheriff’s Department, and is being prosecuted by North Dakota Assistant U.S. Attorneys David D. Hagler and Jonathan J. O’Konek, and District of South Dakota Assistant U.S. Attorney Jeremy Jehangiri, with the assistance of Trial Attorneys Jacob Warren and Justin Sher of the National Security Division’s Counterterrorism Section.
Two South Dakota Men Indicted for Distribution of a Controlled Substance Resulting in DeathRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell, South Dakota Attorney General Marty Jackley, and authorities in Clay and Yankton Counties announced that a federal grand jury has indicted a Sioux Falls, South Dakota, man and a Yankton, South Dakota, man for Distribution of a Controlled Substance Resulting in Death.
Evan Wylde Nelson, age 18, and Udda Ambi Kobaba, age 19, were indicted in August of 2024. Nelson appeared before U.S. Magistrate Judge Veronica L. Duffy on August 29, 2024, and Kobaba appeared before U.S. Magistrate Judge Veronica L. Duffy on August 30, 2024. Nelson and Kobaba pleaded not guilty to the Indictment.
The maximum penalty upon conviction is a mandatory minimum of 20 years in custody, up to life and/or a $1,000,000 fine, a mandatory minimum of three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
On or about between December 20, 2023, and December 22, 2023, in the District of South Dakota, the defendants, Evan Wylde Nelson and Udda Ambi Kobaba, a/k/a “Tayski,” intentionally distributed fentanyl, a Schedule II controlled substance, and the distribution of said fentanyl resulted in the death of a victim.
In May of 2024, Nelson was indicted by a Yankton County Grand Jury on three felony counts: one count of Distribution of a Controlled Substance to a Minor Resulting in Death; one count of Distribution of a Controlled Substance to a Minor; and one count of Unauthorized Possession of a Controlled Substance, which is a Class 5 Felony. The state charges will now be dismissed due to the federal indictment.
“We appreciate the working relationship with all of the agencies involved,” said Attorney General Jackley. “Fentanyl cases, especially ones leading to death, need to be strongly prosecuted by all law enforcement agencies and prosecutors.”
U.S. Attorney Alison Ramsdell agreed, “We are fortunate to have good working relationships with our state counterparts, which allows law enforcement agencies to seek federal prosecution when appropriate. Here, where it is alleged that the distribution of fentanyl resulted in the death of a minor victim, the U.S. Attorney’s Office will aggressively pursue a just result in federal court.”
The charge is merely an accusation and Nelson and Kobaba are presumed innocent until and unless proven guilty.
Agencies involved in the investigation include the South Dakota Division of Criminal Investigation, Clay County Sheriff’s Office, Vermillion Police Department, Yankton Police Department, Drug Enforcement Administration, and the Sioux Falls Area Drug Task Force. Special Assistant U.S. Attorney Mark Joyce is prosecuting the case.
Nelson and Kobaba were remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rapid City Man Sentenced to over 33 Years for Distribution of FentanylRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Rapid City, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on August 29, 2024.
Cory Croyle, 37, was sentenced to 33 years and four months in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Croyle was indicted for two counts of Conspiracy to Distribute a Controlled Substance by a federal grand jury in September of 2023. He pleaded guilty on March 20, 2024.
The conviction stems from Croyle and others distributing large quantities of fentanyl and heroin in the Rapid City area between 2021 and 2023. In sentencing Croyle, Judge Schreier noted the conspiracy involved one of the larger quantities of drugs she has seen in her decades on the bench. The conspiracy led to the death of a community member. Croyle knew the deadly risks of distributing fentanyl, and yet he continued to sell the substance, even though he was on state parole at the time of the offense. The judge further found Croyle’s significant role in the conspiracy and his attempts to obstruct the investigation justified a sentence of over 33 years.
This case was investigated by the Unified Narcotics Enforcement Team, which is a local drug task force comprised of law enforcement from the Pennington County Sheriff’s Office, Rapid City Police Department, South Dakota Division of Criminal Investigation, South Dakota Highway Patrol, and the South Dakota National Guard. Assistant U.S. Attorney Anna Lindrooth prosecuted the case.
Croyle was immediately remanded to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced on Firearm ChargeRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Rapid City, South Dakota, man convicted of Possession of a Firearm and Ammunition by a Prohibited Person. The sentencing took place on August 29, 2024.
Dustin Ray Richards, 31, was sentenced to three years and one month in federal prison, followed by three years of supervised release, ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and forfeited a Smith & Wesson firearm and 9mm ammunition.
Richards was indicted for Possession of a Firearm and Ammunition by a Prohibited Person by a federal grand jury in March of 2024. He pleaded guilty on June 24, 2024.
On January 30, 2024, law enforcement responded to an apartment complex in Rapid City after receiving a call for service. When officers arrived, they located Richards who had a knife in his hand. Officers ordered Richards to drop the knife, however, Richards was not compliant with officers, became combative, and attempted to flee before officers were able to get Richards into custody. In a bag Richards had with him, officers located a loaded Smith & Wesson 9mm pistol, which Richards was prohibited from having due to a number of prior felony conviction. Richards was also on State parole for a drug offense at the time of his arrest.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Richards was immediately remanded to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Possession of a Firearm by a Prohibited PersonRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Eric C. Schulte has sentenced a Mission, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person. The sentencing took place on August 28, 2024.
Tevin Thin Elk, Sr., age 27, was sentenced to time served through September 25, 2024, or approximately 16 months in custody, three years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100. He was also ordered for forfeit the firearm.
Thin Elk Sr. was indicted by a federal grand jury in January of 2023. He pleaded guilty on May 30, 2024.
The conviction stemmed from a traffic stop on August 19, 2022, in Mission, within the Rosebud Indian Reservation. During the course of the traffic stop a drug K9 alerted to the vehicle, resulting in a search. Officers located marijuana, a methamphetamine pipe, and an extended magazine on Thin Elk’s person, and a Glock pistol in the backseat of the vehicle. Thin Elk admitted to officers the firearm was his and he was a regular user of marijuana and methamphetamine. Thin Elk’s UA that day was positive for both substances.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Thin Elk Sr. was immediately remanded to the custody of the U.S. Marshals Service.
St. Francis Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Eric C. Schulte has sentenced a St. Francis, South Dakota, man convicted of Failure to Register as a Sex Offender. The sentencing took place on August 26, 2024.
George Allen Scott, age 39, was sentenced to 16 months in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Scott was indicted by a federal grand jury in January of 2024. He pleaded guilty on May 30, 2024.
Scott was convicted of Abusive Sexual Contact in 2012. As a result of this conviction, he is required to register as a sex offender and to update his registration within three business days of relocation or changing employment. In December of 2023, Scott relocated from St. Francis to Sioux Falls, South Dakota, and appropriately updated his sex offender registration. He subsequently moved out of his Sioux Falls residence, however, and did not update his registration. He was arrested in St. Francis on January 26, 2024.
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 U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Scott was immediately remanded to the custody of the U.S. Marshals Service.
Jamaican National Extradited for Scheme to Defraud American CitizenRead the Press Release
WASHINGTON - A Jamaican national was extradited to the United States and made his initial appearance today in Sioux Falls, South Dakota, following his role in a long-running scheme to defraud a California woman.
Dwayne Anderson, 35, of Hannover, Jamaica, will face federal wire fraud charges. He was arrested, pursuant to the U.S. request for extradition, on July 11, by Jamaican authorities. He has remained in custody in Jamaica since that time.
According to the indictment, from as early as 2010 until September 2017, Anderson participated in a scheme to defraud an American woman. Using phony names, he contacted the victim by telephone, text message, and email and falsely informed her that she had won millions of dollars in a sweepstakes. Anderson persuaded the victim, who believed the defendant’s false representations, to send money to pay various fees and taxes associated with the sweepstakes. He instructed the victim on how, and to whom, to send these payments. Anderson repeatedly contacted the victim with additional requests to pay money and told the victim that her winnings would be forthcoming if she paid the requested money.
Anderson induced the victim to travel to Jamaica in September 2017 by falsely informing her that she would be able to collect her prize winnings. He told the victim to bring $1,600 in cash with her to Jamaica and instructed the victim to give the money to a driver that met her at the airport. The victim paid the purported fees but never received any of her purported winnings.
“The Justice Department’s Consumer Protection Branch is committed to bringing transnational criminals who defraud Americans to justice, wherever they are located,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Ensuring that those who perpetrate these types of fraud schemes are held accountable is a priority of the department, and I thank the government of Jamaica for its assistance extraditing the defendant to face charges here in the United States.”
“Making a living by exploiting the trust of Americans and draining their hard-earned savings is despicable,” said U.S. Attorney Alison Ramsdell for the District of South Dakota. “The District of South Dakota, working alongside our law enforcement partners, will pursue and prosecute anyone who engages in criminal acts that harm Americans.
“Collaboration between international law enforcement partners is critical to protecting the international rule of law and the U.S. Mailstream,” said Inspector in Charge Eric Shen of the U.S. Postal Inspection Service (USPIS) Criminal Investigations Group. “The U.S. Postal Inspection Service is committed to protecting Americans from transnational crime and is grateful to our partners in Jamaica for assistance in bringing Anderson to Justice.”
Anderson is charged with eight counts of wire fraud filed in the U.S. District Court for the District of South Dakota in February 2023 and was unsealed upon the defendant’s extradition to the United States on Aug. 22. If convicted, Anderson faces a maximum penalty of 20 years in prison for each count.
USPIS investigated the case. The Jamaica Constabulary Force provided critical assistance. The Justice Department’s Office of International Affairs worked with law enforcement partners in Jamaica to secure the arrest and extradition of Anderson.
Trial Attorneys Brandon Robers and Edward Emokpae of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Ann Hoffman for the District of South Dakota prosecuted the case.
The Justice Department continues to investigate and bring charges in other similar matters involving attempts to defraud residents of the United States. If you or someone you know is age 60 or older and has experienced financial fraud, experienced professionals are standing by at the National Elder Fraud Hotline 1-833-FRAUD-11 (1-833-372-8311). This Justice Department hotline, managed by the Office for Victims of Crime, can provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is open Monday through Friday from 10:00 a.m. to 6:00 p.m. ET. English, Spanish and other languages are available.
More information about the department’s efforts to help American seniors is available at its Elder Justice Initiative webpage www.justice.gov/elderjustice. For more information about the Consumer Protection Branch and its enforcement efforts visit www.justice.gov/civil/consumer-protection-branch. Elder fraud complaints can be filed with the FTC at www.reportfraud.ftc.gov/ or at 877-FTC-HELP. The Justice Department provides a variety of resources relating to elder fraud victimization through its Office for Victims of Crime, at www.ovc.gov.
For more information about the Consumer Protection Branch and its fraud enforcement efforts, visit www.justice.gov/civil/consumer-protection-branch.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
California Man Sentenced for Possession of Child PornographyRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Los Angeles, California, man convicted of Possession of Child Pornography. The sentencing took place on August 26, 2024.
Terrell Stanley, age 25, was sentenced to three years and ten months in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100. Stanley must register as a sex offender upon his release from federal prison.
Stanley was indicted by a federal grand jury in November of 2023. He pleaded guilty on June 18, 2024.
The conviction stemmed from an incident on April 12, 2022, when Stanley knowingly possessed video files with child pornography. The videos involved a 16-year-old female that Stanley met online. The video files were obtained without the minor’s consent and were subsequently used to attempt to coerce the victim into providing more pornographic files.
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 U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
This case was investigated by Homeland Security Investigations and the Brookings Police Department. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Stanley was immediately remanded to the custody of the U.S. Marshals Service.
Jamaican National Extradited for Scheme to Defraud American CitizenRead the Press Release
A Jamaican national was extradited to the United States and made his initial appearance today in Sioux Falls, South Dakota, following his role in a long-running scheme to defraud a California woman.
Dwayne Anderson, 35, of Hannover, Jamaica, will face federal wire fraud charges. He was arrested, pursuant to the U.S. request for extradition, on July 11, by Jamaican authorities. He has remained in custody in Jamaica since that time.
According to the indictment, from as early as 2010 until September 2017, Anderson participated in a scheme to defraud an American woman. Using phony names, he contacted the victim by telephone, text message, and email and falsely informed her that she had won millions of dollars in a sweepstakes. Anderson persuaded the victim, who believed the defendant’s false representations, to send money to pay various fees and taxes associated with the sweepstakes. He instructed the victim on how, and to whom, to send these payments. Anderson repeatedly contacted the victim with additional requests to pay money and told the victim that her winnings would be forthcoming if she paid the requested money.
Anderson induced the victim to travel to Jamaica in September 2017 by falsely informing her that she would be able to collect her prize winnings. He told the victim to bring $1,600 in cash with her to Jamaica and instructed the victim to give the money to a driver that met her at the airport. The victim paid the purported fees but never received any of her purported winnings.
“The Justice Department’s Consumer Protection Branch is committed to bringing transnational criminals who defraud Americans to justice, wherever they are located,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Ensuring that those who perpetrate these types of fraud schemes are held accountable is a priority of the department, and I thank the government of Jamaica for its assistance extraditing the defendant to face charges here in the United States.”
“Making a living by exploiting the trust of Americans and draining their hard-earned savings is despicable,” said U.S. Attorney Alison Ramsdell for the District of South Dakota. “The District of South Dakota, working alongside our law enforcement partners, will pursue and prosecute anyone who engages in criminal acts that harm Americans.
“Collaboration between international law enforcement partners is critical to protecting the international rule of law and the U.S. Mailstream,” said Inspector in Charge Eric Shen of the U.S. Postal Inspection Service (USPIS) Criminal Investigations Group. “The U.S. Postal Inspection Service is committed to protecting Americans from transnational crime and is grateful to our partners in Jamaica for assistance in bringing Anderson to Justice.”
Anderson is charged with eight counts of wire fraud filed in the U.S. District Court for the District of South Dakota in February 2023 and was unsealed upon the defendant’s extradition to the United States on Aug. 22. If convicted, Anderson faces a maximum penalty of 20 years in prison for each count.
USPIS investigated the case. The Jamaica Constabulary Force provided critical assistance. The Justice Department’s Office of International Affairs worked with law enforcement partners in Jamaica to secure the arrest and extradition of Anderson.
Trial Attorneys Brandon Robers and Edward Emokpae of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Ann Hoffman for the District of South Dakota prosecuted the case.
The Justice Department continues to investigate and bring charges in other similar matters involving attempts to defraud residents of the United States. If you or someone you know is age 60 or older and has experienced financial fraud, experienced professionals are standing by at the National Elder Fraud Hotline 1-833-FRAUD-11 (1-833-372-8311). This Justice Department hotline, managed by the Office for Victims of Crime, can provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is open Monday through Friday from 10:00 a.m. to 6:00 p.m. ET. English, Spanish and other languages are available.
More information about the department’s efforts to help American seniors is available at its Elder Justice Initiative webpage www.justice.gov/elderjustice. For more information about the Consumer Protection Branch and its enforcement efforts visit www.justice.gov/civil/consumer-protection-branch. Elder fraud complaints can be filed with the FTC at www.reportfraud.ftc.gov/ or at 877-FTC-HELP. The Justice Department provides a variety of resources relating to elder fraud victimization through its Office for Victims of Crime, at www.ovc.gov.
For more information about the Consumer Protection Branch and its fraud enforcement efforts, visit www.justice.gov/civil/consumer-protection-branch.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Rosebud Man Convicted for Abusive Sexual ContactRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced that a jury has convicted Eugene Hollow Horn Bear, age 64, of Rosebud, South Dakota, of two counts of Abusive Sexual Contact following a two-day jury trial in federal district court in Pierre, South Dakota. The verdict was returned on August 21, 2024.
The charges carry a maximum penalty of three years in custody and/or a $250,000 fine, five years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Hollow Horn Bear was indicted by a federal grand jury in March of 2024.
According to the evidence presented at trial, the victim awoke to Hollow Horn Bear touching her vagina and breasts after she had gone to sleep in an abandoned carwash in Mission, South Dakota, within the Rosebud Sioux Indian Reservation. The victim called out for help and another individual pulled Hollow Horn Bear off the victim and forced him to leave the carwash.
This matter was prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian country be prosecuted in federal court as opposed to State court.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Wayne Venhuizen prosecuted the case.
The defendant was remanded to the custody of the U.S. Marshals Service. A sentencing date has not been set.
Three Colorado Men Sentenced to over 10 Years Each in Federal Prison for Drug TraffickingRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced three Colorado men convicted of Conspiracy to Distribute a Controlled Substance on August 12, 2024.
Sean Flynn, age 44, from Denver, Colorado, was sentenced to 11 years and three months in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Brian White III, age 49, from Broomfield, Colorado, was sentenced to 11 years and three months in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Marcelo Moreno, age 35, from Brighton, Colorado, was sentenced to 10 years and 10 months in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Flynn, White, and Moreno were indicted by a federal grand jury in March of 2023. Flynn pleaded guilty on May 17, 2024. White III and Moreno pleaded guilty on May 28, 2024.
These convictions stemmed from activities involving the large-scale distribution of cocaine in Rapid City, South Dakota. Flynn, who organized and coordinated drug sales and distribution between Denver and Rapid City, was the source of supply for Thomas Delong, who distributed the cocaine with others in Rapid City. Flynn’s primary source of supply was White, who obtained cocaine from Moreno for much of the conspiracy.
Co-defendant, Thomas Delong pleaded guilty in August of 2023 and received a sentence of 12 years and seven months in prison.
This case was investigated by the Unified Narcotics Enforcement Team (UNET), South Dakota Division of Criminal Investigation, and the South Dakota Highway Patrol. UNET is comprised of law enforcement from the Pennington County Sheriff’s Office, Rapid City Police Department, South Dakota Division of Criminal Investigation, South Dakota Highway Patrol, and the South Dakota National Guard. Assistant U.S. Attorney Wayne Venhuizen prosecuted the case.
All three men were immediately remanded to the custody of the U.S. Marshals Service following their respective sentencing.
Sioux Falls Man Sentenced for Possession of a Firearm by a Prohibited PersonRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Sioux Falls, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person. The sentencing took place on August 19, 2024.
Gregory Lamar Bell, age 55, was sentenced to four years and nine months in federal prison, followed by three years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Bell was indicted by a federal grand jury in July of 2023. He pleaded guilty on May 8, 2024.
The conviction stemmed from an incident on April 4, 2023, when Bell, who had previously been convicted of a crime punishable by imprisonment for a term exceeding one year, possessed a Taurus G3 9mm handgun and 16 rounds of 9mm ammunition, which had been transported in interstate commerce. At the time he was in possession of the firearm, which was stolen, Bell was driving a stolen vehicle and was found in possession of small amounts of cocaine, methamphetamine and marijuana.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case was investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Sioux Falls Police Department. Assistant U.S. Attorney Mark Hodges prosecuted the case.
Bell was immediately remanded to the custody of the U.S. Marshals Service.
Porcupine Man Sentenced for Domestic Abuse AssaultRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Camela C. Theeler has sentenced a Porcupine, South Dakota, man convicted of Assault with a Dangerous Weapon. The sentencing took place on August 12, 2024.
Tyrell White Crane-Kills Back, 24, was sentenced to two years and six months in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
White Crane-Kills Back was indicted for Assault with a Dangerous Weapon, Assault Resulting in Substantial Bodily Injury to an Intimate Partner, and Assault on a Federal Officer by a federal grand jury in April of 2024. He pleaded guilty on May 30, 2024.
White Crane-Kills Back assaulted his intimate partner on March 17, 2024, by hitting her with a hammer and his fists in the face and the head.
This matter was prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian Country be prosecuted in Federal court as opposed to State court.
This case was investigated by the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Anna Lindrooth prosecuted the case.
White Crane-Kills Back was immediately remanded to the custody of the U.S. Marshals Service.
McLaughlin Man Sentenced for AssaultRead the Press Release
ABERDEEN - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Charles B. Kornmann has sentenced a McLaughlin, South Dakota, man convicted of Simple Assault and Assault by Striking, Beating and Wounding.
Kenton Wynn Walks, age 39, was sentenced to one year and four months in federal prison, followed by one year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $35.
Walks was indicted by a federal grand jury in July of 2022 and was found guilty on May 22, 2024, following a two-day jury trial.
This conviction arose from an assault that took place on April 22, 2022, in McLaughlin, within the Standing Rock Sioux Indian Reservation. The victim in this matter was laying on the ground, working on a vehicle, when Walks walked up to the victim and kicked him in the head. The victim suffered a laceration on the rear right side of his head, which produced a significant amount of blood and caused him to lose consciousness. The laceration was approximately three inches long and required six staples to be closed.
This case was investigated by the Bureau of Indian Affairs – Office of Justice Services. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Walks was immediately remanded to the custody of the U.S. Marshals Service following his sentencing.
Little Eagle Man Sentenced to over Four Years in Federal Prison for Assault of an Intimate Partner by Strangulation and SuffocationRead the Press Release
ABERDEEN - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Charles B. Kornmann has sentenced a Little Eagle, South Dakota, man convicted of Assault of an Intimate Partner by Strangulation and Suffocation. The sentencing took place on August 19, 2024.
Lance Tomas Mata, age 41, was sentenced to four years and three months in federal prison, followed by three years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Mata was indicted by a federal grand jury in January of 2023. He pleaded guilty on May 20, 2024.
During the night of November 21-22, 2022, at his home in Little Eagle, within the Standing Rock Sioux Indian Reservation, Mata got high and intoxicated on methamphetamine and alcohol. Around 7:30 a.m., he woke up his live-in girlfriend and dragged her by the hair across the floor, then choked her for 30 seconds, telling her she would die “today” and that no one wanted her. After throwing her over a couch, Mata coerced her to kneel before him in a degrading manner and began assaulting her with his fists. Whenever the victim fell, Mata forced her to get back on her knees. If his girlfriend whimpered, Mata threatened to throw her down the stairs and chain her in the basement. This torture continued for two hours. When Mata finished, he told his girlfriend he would bury her with another woman, then fell asleep on the couch. The girlfriend fled the home and began walking the 37-mile trek through the snow to her mother’s home in Fort Yates, North Dakota, until she was picked up by a friend.
This matter was prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian country be prosecuted in Federal court as opposed to State court.
This case was investigated by the Bureau of Indian Affairs – Office of Justice Services. Assistant U.S. Attorney Carl Thunem prosecuted the case.
Mata was immediately remanded to the custody of the U.S. Marshals Service
Alcester Woman Sentenced for Wire FraudRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced an Alcester, South Dakota, woman convicted of Wire Fraud. The sentencing took place on August 19, 2024.
Michelle Warner, age 57, was sentenced to two years in federal prison, followed by three years of supervised release, a special assessment to the Federal Crime Victims Fund in the amount of $100; and restitution in the amount of $261,066.09 to Heartland Counseling Services.
Warner was indicted by a federal grand jury in May of 2023. She pleaded guilty on March 20, 2024.
The conviction stemmed from incidents beginning on or about June 1, 2018, and continuing through May 17, 2022, when Warner, who was employed as a bookkeeper/accountant, and later as business administrator for Heartland Counseling Services, fraudulently paid herself unauthorized payroll payments and then used the funds for her own purposes. Additionally, Warner used her employer’s credit card without authority for her own personal use.
This case was investigated by the FBI, U.S. Attorney’s Office, Union County Sheriff’s Office, and the South Sioux City (NE) Police Department. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
Warner has been allowed to self-report to the custody of the U.S. Marshals Service on September 16, 2024.
Justice Department Secures Agreement to Eliminate Voting Barriers for Native Americans in South DakotaRead the Press Release
The Justice Department has secured an agreement with Bennett County, South Dakota, and county officials to resolve claims that the county has failed to make its registration and early voting opportunities equally open to Native American voters as required by Section 2 of the Voting Rights Act.
Under the terms of the agreement, Bennett County will operate a satellite office in Allen, South Dakota, to provide in-person registration and absentee voting services during regular business hours for the full state-mandated 46-day absentee voting period prior to federal, state and county elections.
“It is time to eliminate all barriers standing between Native American voters and the ballot box across our country. An inclusive democracy must provide all of its eligible voters access to the full range of voter registration and early voting opportunities required by law,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “With this agreement, we will ensure that Native American voters will have the same access to registration and early voting as do other voters. The Justice Department will continue to challenge discriminatory election-related laws and policies and will vigorously enforce federal law to move us ever closer to a fully enfranchised Native electorate.”
“The right to vote is fundamental to our democracy, but that right is hollow without access to registration and early voting opportunities,” said U.S. Attorney Alison Ramsdell for the District of South Dakota. “We are grateful Bennett County has agreed to improve voting access for Native Americans in South Dakota by adding and staffing a satellite office in Allen.”
The Justice Department’s investigation found that Native Americans in Bennett County did not have equal access to the in-person registration and absentee voting available under state law. American Indians who live on Tribal lands disproportionally lack the ability to travel long distances to the county seat of Martin, South Dakota, for those in-person voting services. Since 2015, the state has made Help America Vote Act funds available to counties like Bennett to establish a satellite office on Tribal lands.
More information about voting and elections is available on the Justice Department’s website at www.justice.gov/voting. Learn more about the Voting Rights Act and other federal voting laws at www.justice.gov/crt/voting-section. Complaints about possible violations of federal voting rights laws can be submitted through the Civil Rights Division’s website at civilrights.justice.gov or by telephone at 1-800-253-3931. Individuals can also contact the U.S. Attorney’s Office for the District of South Dakota either by emailing usasd.information@usdoj.gov or by calling 605-330-4400.
Watauga Man Sentenced for Assault by Striking, Beating or WoundingRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced today that U.S. Magistrate Judge Mark A. Moreno, U.S. District Court, has sentenced a Watauga, South Dakota man convicted of Assault by Striking, Beating or Wounding. The sentencing took place on August 15, 2024.
Justin James Schneider, age 39, was sentenced to time served, equal to one year in custody, and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Schneider was indicted by a federal grand jury in January 2023. A jury found him guilty of Assault by Striking, Beating or Wounding following trial on May 15, 2024.
On October 26, 2022, in McIntosh, South Dakota, within the Standing Rock Sioux Indian Reservation, Schneider was taking out the trash when he saw another man. Schneider believed the other man had wronged him several months earlier. Schneider gestured for the man to join him in a neighbor’s yard. When they met, Schneider accused the man of misconduct, then punched him several times in the face. Schneider walked the man to his wife’s workplace, forced him to apologize for the alleged misdeed, and then punched him once more on the nose, breaking it.
This matter was prosecuted by the U.S. Attorney’s Office because the General Crimes Act, a federal statute, authorizes federal prosecution of certain crimes alleged to have occurred in Indian country.
This case was investigated by the Corson County Sheriff’s Office and the FBI. Assistant U.S. Attorney Carl Thunem prosecuted the case.
Schneider remains in the custody of the U.S. Marshals Service on separate charges.
Northern District of California Bankruptcy Court Extends Sexual Abuse Claims Bar Deadline in Bankruptcy filed by Franciscan Friars of California, IncRead the Press Release
On July 11, 2014, in the United States Bankruptcy Court for the Northern District of California (“Court”), Oakland Division, Case No. 23-41723 WJL, the Court entered an order extending the General Bar Date, as defined in the Bar Date Order, to August 30, 2024, at 5:00 p.m. (Pacific Time). Debtor was ordered by the Court to serve the U.S. Attorney for the District of South Dakota with a copy of the Notice Package, and Debtor’s counsel requested that we post the provided Sexual Abuse Claim Notice Package. Attached is the Notice Package received as well as the Court order. The US Attorney’s Office for the District of South Dakota is not involved in this matter. For additional information, the “Notice of Extended Bar Date Requiring Filings of Proofs of Claim” indicates, in part, that you may contact Donlin Recano & Company, Inc. at (888) 444-4055 or email inquiries to ffcinfo@drc.equiniti.com.
Order Extending The Claims Bar Date and Granting Related Relief
order_from_bk_ct_-_ndca.pdfPine Ridge Man Sentenced to 10 Years in Federal PrisonRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Pine Ridge, South Dakota, man convicted of Enticement of a Minor. The sentencing took place on August 12, 2024.
Rowland Coomes, age 37, was sentenced to 10 years in federal prison, followed by 10 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Coomes was indicted for the charge by a federal grand jury in February 2023. He pleaded guilty on May 30, 2024.
In February of 2022, a 14-year-old female reported that she had been provided methamphetamine and sexually assaulted by Coomes while on the Pine Ridge Reservation. During the report, the 14-year-old female disclosed that Coomes had also solicited her for nudes photographs, constituting child pornography, in exchange for transportation. The FBI applied for and received a search warrant to search Coomes’ Facebook account. Messages revealed that Coomes had in fact received images constituting child pornography. An analysis of Coomes’ Facebook account established that he was in an illegal sexual relationship with another victim – living on the Reservation. After Coomes’ arrest, he contacted a family member and urged the family member to delete his Facebook account in order to get rid of evidence establishing his guilt. The FBI, however, had already searched and seized his account at the time Coomes’ made the request to the family member.
This matter was prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian country be prosecuted in federal court as opposed to State court.
This case was investigated by the FBI. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Coomes was immediately remanded to the custody of the U.S. Marshals Service.
Watauga Man Convicted by Federal Jury for Prohibited Person in Possession of a Firearm and Simple Assault on a Federal OfficerRead the Press Release
ABERDEEN - United States Attorney Alison J. Ramsdell announced that Justin James Schneider, age 39, of Watauga, South Dakota, was found guilty on August 8, 2024, of Prohibited Person in Possession of a Firearm and Simple Assault on a Federal Officer following a two-day federal jury trial in Aberdeen, South Dakota. The jury also found Schneider committed these offenses on pretrial release and that his revolver was subject to forfeiture.
The charge of Prohibited Person carries a maximum penalty of 15 years in federal prison and/or a $250,000 fine, three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered. The charge of Simple Assault on a Federal Officer carries a maximum penalty of one year in federal prison and/or a $100,000 fine, one year of supervised release, and a $25 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered. Because Schneider committed these offenses on pretrial release, the Court may impose up to an additional 10 years in federal prison.
Schneider was indicted by a federal grand jury in July of 2023.
On June 20, 2023, the Corson County Sheriff’s Office received credible information that Schneider had discharged a revolver earlier that day and was armed and dangerous. The Corson County Sheriff requested and received assistance from the Bureau of Indian Affairs – Office of Justice Services to detain and arrest Schneider. A BIA officer found Schneider in Bullhead, South Dakota, which lies within the Standing Rock Sioux Indian Reservation. When the officer attempted to arrest him, Schneider fled in his pickup to a nearby pasture and engaged in an armed stand-off with Corson County deputies and BIA police officers. Schneider eventually hopped back into his pickup and fled to the Bullhead Community Center, striking a squad car enroute. Schneider then dismounted from his pickup, brandishing a revolver, gesturing wildly towards nearby civilians and disregarding repeated police commands to drop his gun. As Schneider moved quickly towards unarmed children, a police officer shot him to protect the public. Schneider was taken into custody without further incident.
Schneider has nine prior felony convictions, including convictions for Aggravated Assault, Assault Against a Law Enforcement Officer, Felony Driving Under the Influence, Possession of Methamphetamine, and Ingestion of Methamphetamine.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities and measuring the results.
This case was prosecuted by the federal government because Schneider is a dangerous felon prohibited from possessing firearms under federal law, federal law enforcement involvement in his arrest, and because the offense occurred within the Standing Rock Sioux Indian Reservation.
This case was investigated by the FBI, the Corson County Sheriff’s Office, and the Bureau of Indian Affairs – Office of Justice Services. Assistant U.S. Attorney Carl Thunem prosecuted the case.
A presentence investigation report was ordered and a sentencing date of November 4, 2024, was set. Schneider remains in the custody of the U.S. Marshals Service pending sentencing.
Two Rapid City Women Sentenced to 20 Years Each in Federal Prison for Conspiracy to Distribute a Controlled Substance Resulting in DeathRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced two Rapid City, South Dakota, women convicted of Conspiracy to Distribute a Controlled Substance Resulting in Death.
Christina Sanchez, age 25, was sentenced to 20 years in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Katey McGruder, age 35, was sentenced to 20 years in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Christina Sanchez and Katey McGruder were indicted by a federal grand jury in June of 2023. Sanchez pleaded guilty on May 13, 2024. McGruder pleaded guilty on May 3, 2024. Both women were sentenced on August 9, 2024.
These convictions arose from a conspiracy to distribute fentanyl operating in Rapid City. McGruder and her husband, Curtis Cummings, obtained large amounts of fentanyl from a source in Colorado. They would bring the fentanyl back to Rapid City, where it was further distributed by Sanchez and others. On April 26, 2022, McGruder and Cummings provided the fentanyl to Sanchez, who provided the fentanyl to Wyatt Nygaard. Nygaard then provided the fentanyl to the victim who overdosed and died in the parking lot of a convenience store within minutes of obtaining the fentanyl.
Nygaard was previously sentenced to 23 years and three months in federal prison. Cummings is set for trial on November 5, 2024.
This case was investigated by the Unified Narcotics Enforcement Team (UNET). UNET is comprised of law enforcement from the Pennington County Sheriff’s Office, Rapid City Police Department, South Dakota Division of Criminal Investigation, South Dakota Highway Patrol, and the South Dakota National Guard. Assistant U.S. Attorneys Meghan Dilges and Edward Tarbay prosecuted the case.
Sanchez and McGruder were immediately remanded to the custody of the U.S. Marshals Service following their respective sentencing.
Sioux Falls Man Sentenced to 10 Years in Federal Prison for Attempted Enticement of a Minor Using the InternetRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Lawrence L. Piersol has sentenced a Sioux Falls, South Dakota, man convicted of Attempted Enticement of a Minor Using the Internet. The sentencing took place on August 12, 2024.
Southy Thepmontry, age 69, was sentenced to 10 years in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100. Thepmontry also forfeited the cell phone used to commit the crime and must register as a sex offender once he is released from federal prison.
Thepmontry was indicted by a federal grand jury in March of 2024. He pleaded guilty on May 22, 2024.
The conviction stemmed from an incident on March 21, 2024, when Thepmontry used his cell phone to attempt to coerce an undercover agent posing as a 15-year-old female to engage in sexual activity. His conversation occurred on Facebook over the course of ten days. Thepmontry offered to pay the 15-year-old girl money in exchange for sex and was arrested at the meeting location where he possessed his cell phone and cash he withdrew from an ATM on his way.
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 U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
This case was investigated by HSI and the South Dakota Highway Patrol. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Thepmontry was immediately remanded to the custody of the U.S. Marshals Service.
Rosebud Man Sentenced for Several Counts of Sexual Abuse of a Minor and Abusive Sexual ContactRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Rosebud, South Dakota, man convicted of three counts of Sexual Abuse of a Minor and two counts of Abusive Sexual Contact. The sentencing took place on August 9, 2024.
Shane Mousseaux, age 37, was sentenced to 11 years and three months in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $500.
Mousseaux was indicted by a federal grand jury in November of 2022. Mousseaux was convicted at trial on April 18, 2024.
The conviction stemmed from incidents between August 6, 2020, and June 21, 2022, when Mousseaux, who lived on the Yankton Sioux Reservation with his then-girlfriend and her children, engaged in multiple sexual acts with one of his then-girlfriend’s daughters, who was 14-15 years old at the time. Between May 1, 2022, and June 21, 2022, Mousseaux engaged in sexual contact with another one of his then-girlfriend’s daughters, who was 14 years old at the time.
This matter is being prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian Country be prosecuted in federal court as opposed to State court.
This case was investigated by the FBI and Yankton Sioux Law Enforcement. Assistant U.S. Attorneys Ann M. Hoffman and Paige Petersen prosecuted the case.
Mousseaux was immediately remanded to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced to Five Years in Federal Prison on Firearm ChargeRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person. The sentencing took place on August 8, 2024.
Christian Lorenzo Witt, age 31, was sentenced to five years in federal prison, followed by three of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Witt was indicted by a federal grand jury in May of 2023 for Possession of a Firearm by a Prohibited Person. He pleaded guilty on May 8, 2024.
On March 18, 2023, Rapid City police officers were involved in a traffic stop of a vehicle driven by Witt. Officers learned Witt had an active warrant and he was arrested. Officers recovered a loaded Glock pistol along with a 30-round magazine under the driver seat of the vehicle that belonged to Witt. Witt is prohibited from possession of a firearm as a result of several felony convictions. As part of his sentence, Witt forfeited the Glock firearm and ammunition.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Ben Patterson prosecuted the case.
Witt was immediately remanded to the custody of the U.S. Marshals Service.
Couple Sentenced to over 37 Years in Federal Prison for Murder, Failing to Report Murder, and Illegal Firearms PossessionRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Rapid City, South Dakota, man convicted of Second-Degree Murder and Discharge of a Firearm During the Commission of a Crime of Violence. The sentencing took place on August 1, 2024.
Jerel Running Bear, age 34, was convicted of Second-Degree Murder, and was sentenced to 27 years and three months in federal prison consecutive to 10 years in federal prison for Discharging a Firearm During the Commission of a Crime of Violence. Running Bear was also ordered to complete five years of supervised release on each charge with the time to be run concurrently. He was also ordered to pay a $100 special assessment to the Federal Crime Victims Fund for each charge.
On August 9, 2024, U.S. District Judge Karen E. Schreier sentenced an Oglala, South Dakota, woman for her role in failing to report the murder of the 21-year-old female victim to law enforcement. Serena Fast Horse, age 39, was convicted of Misprision of a Felony and was sentenced to one year and one day in federal prison, followed by one-year supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Running Bear and Fast Horse were indicted for the charges by a federal grand jury in November of 2023. Running Bear pleaded guilty on April 5, 2024, and Fast Horse pleaded guilty on May 10, 2024.
On the evening of November 8, 2023, Running Bear and two other individuals, including the 21-year-old female victim, went to Wounded Knee to obtain fentanyl pills from a source. When the source did not show up, Running Bear, who was under the influence of controlled substances, grabbed a rifle from the trunk of the vehicle and shot the female who was seated in the backseat. The other female took off running and alerted law enforcement. Running Bear then picked up Fast Horse, his girlfriend at the time. Running Bear removed the victim from the vehicle and left her on the side of the road, while Fast Horse watched. The next day, the two fled to Nebraska after being spotted by law enforcement. Fast Horse threw out items from the vehicle, including controlled substances. The two were eventually apprehended. After Running Bear was placed into custody, Fast Horse did not tell law enforcement about watching Running Bear dispose of the victim’s body on the side of the road.
This matter was prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian country be prosecuted in federal court as opposed to State court.
This case was investigated by the FBI and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Running Bear was immediately remanded to the custody of the U.S. Marshals Service and Fast Horse was ordered to self-surrender on August 30, 2024.
Seven Men Arrested in Multi-Agency Sex Trafficking OperationRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced that the South Dakota Division of Criminal Investigation (DCI), the South Dakota Internet Crimes Against Children Task Force (ICAC), U.S. Homeland Security Investigations (HSI), Ellsworth AFB Office of Special Investigations, the Pennington County Sheriff’s Office, and the Rapid City Police Department conducted a joint sex-trafficking operation during the 2024 Sturgis Motorcycle Rally designed to apprehend persons attempting to arrange sexual encounters with underage children. The operation began on August 2, 2024, and continued through August 8, 2024.
As a result, the following seven men were arrested and charged:
Brockton Dominquez, 26, Rapid City – Enticement of a Minor Using the Internet
Eli Poorman, 20, Rapid City – Attempted Commercial Sex Trafficking of a Minor
Dustin Day, 20, Piedmont – Attempted Commercial Sex Trafficking of a Minor
Vance Coats, 25, Box Elder – Attempted Enticement of a Minor Using the Internet
Brandon Bishop, 36, Rapid City – Attempted Enticement of a Minor Using the Internet
Corey Simon, 36, Rapid City – Attempted Enticement of a Minor Using the Internet
Aaron Ray Williams, Jr., 23, Rapid City – Attempted Enticement of a Minor Using the Internet
“Once again, this operation demonstrates the sad reality that there are individuals in our communities who are using the Internet to target young girls for sex,” said U.S. Attorney Alison J. Ramsdell. “We are grateful to our federal, state, and local law enforcement partners, who regularly collaborate to safeguard children across South Dakota. Because of their work, the Rapid City community is a little safer this week.”
The mandatory minimum penalty upon conviction for Attempted Commercial Sex Trafficking of a Minor under the age of fourteen is 15 years up to 30 years in federal prison; and any term of years, not less than five, up to lifetime supervised release.
The mandatory minimum penalty upon conviction for Attempted Enticement of a Minor Using the Internet is 10 years up to life in federal prison; and any term of years, not less than five, up to lifetime supervised release.
The charges are merely accusations, and all seven defendants are presumed innocent until and unless proven guilty.
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 U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
The cases are being federally prosecuted by Assistant U.S. Attorney Heather Knox.
2024 Indian Country Conference: Offering Hope to Victims in the Spirit of JusticeRead the Press Release
SIOUX FALLS - Alison J. Ramsdell, United States Attorney for the District of South Dakota, and Mac Schneider, United States Attorney for the District of North Dakota, announced today that their offices hosted the 2024 Indian Country Conference: Offering Hope to Victims in the Spirit of Justice, on August 6-7, 2024, in Pierre, South Dakota.
U.S. Attorney Ramsdell and U.S. Attorney Schneider provided opening remarks during the conference, highlighting the important work done each and every day to secure justice for victims in Indian country. “Victims of crime are at the center of our prosecutions at the U.S. Attorney’s Office in South Dakota,” said U.S. Attorney Ramsdell, “and victim services providers are at the very heart of that critical work. We are fortunate to have skilled victim service professionals working alongside our prosecutors to vindicate the rights of victims and help them reclaim their voices.”
“Whether it’s our prosecutors, law enforcement partners, or victim service professionals, the Districts of North Dakota and South Dakota are united when it comes to pursuing justice for victims of crime,” Schneider said. “This is especially true as we work together to benefit public safety in Indian country. Inside and outside the courtroom, the U.S. Attorney’s Office is committed to obtaining just results and bringing a victim-centered approach to our work.”
The conference featured speakers on a variety of topics. For example, Leslie Hagen, National Indian Country Training Initiative Coordinator at the National Advocacy Center in Columbia, South Carolina, provided expert training on the Investigation and Prosecution of Non-Fatal Strangulation Cases, as well as the Mandatory Reporting of Child Abuse in Indian Country. Other speakers provided educational presentations on Sex Trafficking in Indian Country; Fentanyl Overdose Awareness; Healing Trauma with Somatic Approaches; Missing and Murdered Indigenous People; and Successful Team Coordination in Indian Country.
Conference participants included law enforcement officers, victim service providers, prosecutors, social workers, physicians and other medical professionals, mental health therapists, counselors, educators, court service officers, corrections officers, childcare providers, community leaders, and other concerned individuals from the two-state region of North Dakota and South Dakota—especially those dealing with family violence issues in tribal communities. Conference attendees were provided new tools and resources to continue their commitment to securing justice for victims of crime.
Virginia Man Sentenced to 10 Years in Federal Prison for Enticement of a Minor Using the InternetRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced an Aldie, Virginia, man for Enticement of a Minor Using the Internet. The sentencing took place on August 2, 2024.
Tyler Grimes, 26, was sentenced to 10 years in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. Grimes will also be required to register as a sex offender under the Sex Offender Registration and Notification Act.
A federal grand jury indicted Grimes in June of 2023. He pleaded guilty on April 3, 2024.
Grimes used the internet-based application Omegle and his cellular phone to entice a minor to engage in sexually explicit activity. The minor was born in February of 2014, making her seven years old at all relevant times. During his communications with the minor, who lived in Rapid City, South Dakota, he repeatedly asked her for nude photos and videos of herself. She complied. After Grimes’ communications were discovered by the minor’s father, the minor was forensically interviewed. Many images and videos of child pornography between Grimes and the victim were located on the victim’s iPad.
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 U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
This case was investigated by Homeland Security Investigations and the South Dakota Internet Crimes Against Children Task Force. Assistant U.S. Attorney Heather Knox prosecuted the case.
Grimes was immediately remanded to the custody of the U.S. Marshals Service.
South Dakota Man Found Guilty of Failure to Register as a Sex OffenderRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced that a jury has convicted Lance Quintin Longie, age 40, of South Dakota of Failure to Register as a Sex Offender following a one-day jury trial in federal district court in Aberdeen. The verdict was returned on August 5, 2024.
The charges carry a penalty of a maximum of 10 years in custody and/or a $250,000 fine, a mandatory minimum of five years and a maximum of life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Longie was initially indicted by a federal grand jury in May of 2024.
Longie is required to register a sex offender under the Sex Offender Registration and Notification Act because he was convicted of Criminal Sexual Conduct in the First Degree in 2004 in the District Court of Minnesota, Clay County. In the summer of 2022, Longie was residing in Moorhead, Minnesota, and last registered with the Moorhead Police Department on June 29, 2022. Later that summer, Longie travelled to South Dakota and took up residence in New Effington. Longie remained at the New Effington address and did not update the sex offender registry in South Dakota until he was arrested at the residence by officers with the Roberts County Sheriff’s Office on March 22, 2024.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorneys Beau J. Blouin and Connie Larson prosecuted the case.
A presentence investigation was ordered. A sentencing date has not been set. The defendant was remanded to the custody of the U.S. Marshals Service.