District of South Dakota

PIERRE - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a St. Francis, South Dakota, man for Failure to Register as a Sex Offender.

Tanner Kills Enemy, age 24, was indicted in January of 2023. He appeared before U.S. Magistrate Judge Mark Moreno on January 13, 2023, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 years in federal prison 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 Indictment alleges that between October 19, 2022, and January 11, 2023, Kills Enemy, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under Indian tribal law, failed to properly register and update his registration.

The charge is merely an accusation and Kills Enemy is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.   

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

ABERDEEN - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a McLaughlin, South Dakota, man for Kidnapping, Assault with a Dangerous Weapon, and Assault Resulting in Serious Bodily Injury.

Elias Glen Sims, age 18, was indicted in January of 2023. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 17, 2023, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine, five years of supervised release, and $300 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that in November of 2022, at McLaughlin, within the Standing Rock Sioux Indian Reservation, Sims kidnapped and assaulted another person with a handgun.  

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.

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

The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case. 

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

RAPID CITY - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Wanblee, South Dakota, man for Bank Robbery and Discharge of a Firearm During the Commission of a Crime of Violence.

Francis White Lance, age 65, was indicted in November of 2022. He appeared before U.S. Magistrate Judge Daneta Wollmann on January 10, 2023, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, five years of supervised release, and $200 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on November 7, 2022, White Lance took money belonging to Lakota Federal Credit Union, located in Kyle, South Dakota. White Lance also brandished and discharged a firearm during the commission of the robbery.

The charge is merely an accusation and White Lance is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Oglala Sioux Tribe Department of Public Safety and the FBI. Assistant U.S. Attorney Kelsey Blair is prosecuting the case. 

White Lance was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for March 21, 2023.

RAPID CITY - United States Attorney Alison J. Ramsdell announced that U.S. District Judge Jeffrey L. Viken has sentenced a Rapid City, South Dakota, man convicted of Possession of Firearm by a Prohibited Person. The sentencing took place on January 9, 2023.

John Winn, 44, was sentenced to nine 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.

Winn was indicted for Possession of a Firearm by a Prohibited Person and Possession of a Stolen Firearm by a federal grand jury in November of 2021. He pleaded guilty on August 31, 2022.

In June of 2021, in Rapid City, Winn, a previously convicted felon who is prohibited from possessing firearms, was found in possession of  a SIG Sauer Incorporated, model P320, 9x19 mm Parabellum caliber, semi-automatic pistol; a Colt’s Patent Firearms Manufacturing Company, model Combat Commander, .45 AUTO caliber, semi-automatic pistol; a Sturm, Ruger & Company Incorporated, model LCR, .357 Magnum caliber, double-action-only revolver; and a Taurus, model PT145, .45 AUTO caliber, semi-automatic pistol, which were found after Winn came into contact with law enforcement. The SIG Sauer firearm had been reported stolen and the Taurus firearm had an obliterated serial number. Along with the firearms, law enforcement recovered numerous items consistent with drug distribution, including 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 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.

 

 

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced that District Judge Karen E. Schreier has sentenced a Kansas City, Missouri, man convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on January 9, 2023.

Ricky Lee Young, Jr., 39, was sentenced to 12 years and seven months in federal prison, followed by four years of supervised release. He was also ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Young was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in April of 2022. He pleaded guilty on October 7, 2022.

In the summer of 2021, Young and his co-conspirator rented a storage unit in Sioux Falls, South Dakota. This storage unit was intended to hold the controlled substances they obtained from Kansas City, in order to distribute them throughout the Sioux Falls area. Young would make trips with his co-conspirator to this storage unit and either retrieve or drop off crack cocaine to further their distribution. On October 1, 2021, law enforcement searched their storage unit and found approximately 100 grams of a mixture and substance containing cocaine base, a/k/a crack cocaine. 

This case was investigated by the Drug Enforcement Administration, South Dakota Department of Criminal Investigation, South Dakota Highway Patrol, and the Sioux Falls Police Department. Special Assistant U.S. Attorney Paige Petersen prosecuted the case.

Young was immediately remanded to the custody of the U.S. Marshals Service.

 

 

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced that U.S. District Judge Karen E. Schreier has sentenced a Howard, South Dakota, man convicted of Production of Child Pornography. The sentencing took place on December 27, 2022.

Lee James Thames, age 26, was sentenced to 26 years in federal prison, followed by five years of supervised release, and ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $100.

Thames was indicted by a federal grand jury in January of 2022. He pleaded guilty on September 30, 2022.

The conviction stemmed from incidents between March 16, 2021, and April 29, 2021, when Thames intentionally used his cellular phone to take sexually explicit photographs and videos of a minor female, who had not attained the age of 12 years, and saved them to his Snapchat Memories account.

This case was investigated by the South Dakota Division of Criminal Investigation and the FBI. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

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.

Thames was immediately remanded to the custody of the U.S. Marshals Service.

 

 

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced that U.S. District Judge Karen E. Schreier has sentenced a Brookings, South Dakota, man convicted of Attempted Enticement of a Minor Using the Internet. The sentencing took place on January 9, 2023.

Zachary Scott Murray, age 36, was sentenced to 10 years in federal prison, followed by five years of supervised release, and ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $100.

Murray was indicted by a federal grand jury in April of 2022. He pleaded guilty on October 14, 2022.

The conviction stemmed from an incident on March 6, 2022, when Murray used his cell phone to knowingly persuade, induce, entice, and coerce an undercover agent posing as a 14 year-old female, to engage in sexual activity.

This case was investigated by the Homeland Security Investigations, with the assistance of the Internet Crimes Against Children Task Force, South Dakota Division of Criminal Investigation, Sioux Falls Police Department, Minnehaha County Sheriff’s Office, South Dakota Highway Patrol,  Air Force Office of Special Investigations, and the FBI. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

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.

Murray was immediately remanded to the custody of the U.S. Marshals Service.

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PIERRE - United States Attorney Alison J. Ramsdell announced that a Rosebud, South Dakota, woman charged with Assaulting, Resisting, and Impeding a Federal Officer pleaded guilty and was sentenced on January 4, 2023, by U.S. Magistrate Judge Mark A. Moreno.

Kendall Logan, age 29, was sentenced to one year in federal prison, followed by one year of supervised release, and ordered to pay $25.00 to the Federal Crime Victims Fund.

The conviction stems from an incident that took place on February 5, 2020, in Rosebud, when Logan kicked a federal police officer employed by the Rosebud Sioux Tribe in the abdomen.

The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Jay Miller. 

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

RAPID CITY - United States Attorney Alison J. Ramsdell announced that U.S. District Judge Jeffrey L. Viken has sentenced a Rapid City, South Dakota, man convicted of Escape from Custody. The sentencing took place on January 5, 2023.

Jeremy Crow, 29, was sentenced to six months in federal prison, with no supervised release to follow, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. He remains under supervision obligations in a different case.

Jeremy Crow was indicted for Escape from Custody by a federal grand jury in August of 2022. He pleaded guilty on October 21, 2022.

Crow was in the Bureau of Prisons custody serving a sentence for Robbery and Brandishing a Firearm During the Commission of a Crime. He was placed at the Community Education Center in Rapid City to finish serving his sentence as part of a reentry process. He walked away from the facility in July of 2022 and was located in Rapid City approximately 45 days later by the Rapid City Police Department.

This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.

Crow was immediately remanded to the custody of the U.S. Marshals Service.

 

 

RAPID CITY - United States Attorney Alison J. Ramsdell announced that a Federal Criminal Complaint and Arrest Warrants were returned on a Vale, South Dakota, husband and wife charging Production of Child Pornography.

Timothy Scott White, age 42, and Leslie Marie White, age 24, were arrested on the Complaint on December 19, 2022. They appeared before U.S. Magistrate Judge Daneta Wollmann on December 21, 2022, and pleaded not guilty.

If convicted of the charge, the defendants each face a mandatory minimum sentence of 15 years in federal prison, up to a maximum possible penalty of 30 years in federal prison and/or a $250,000 fine, a lifetime term of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.

The Whites were arrested pursuant to an ongoing investigation involving online child pornography production and distribution. The charge relates to the Whites, being the parents of a minor, permitting or encouraging the minor to engage in or assist another person in engaging in sexually explicit conduct, for the purpose of producing a visual depiction of such conduct. The visual depictions of a minor engaged in sexually explicit conduct were then transmitted over the Internet. The conduct is alleged to have occurred between February 1, 2022, and December 19, 2022.

Timothy White was employed by the Spearfish Emergency Ambulance Service and the Piedmont Fire Department.

The charge is merely an accusation and the Whites are presumed innocent unless and until proven guilty. 

The investigation is being conducted as part of a joint effort between the South Dakota Division of Criminal Investigation’s Internet Crimes Against Children Task Force, the Federal Bureau of Investigation, and the Butte County Sheriff’s Office. Assistant U.S. Attorney Heather Sazama is prosecuting the case. 

The Whites were remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for February 28, 2023.

 

RAPID CITY - United States Attorney Alison J. Ramsdell announced that U.S. District Judge Karen E. Schreier has sentenced a Wanblee, South Dakota, man convicted of Assaulting a Federal Officer. The sentencing took place on December 20, 2022.

Steven James Quiver, 46, was sentenced to one year and one day in federal prison, followed by one year of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Quiver was indicted for Assaulting a Federal Officer by a federal grand jury in April of 2021. He pleaded guilty on August 19, 2022.

The conviction stems from Quiver assaulting an Oglala Sioux Tribe Department of Public Safety Officer, who had been dispatched to Quiver’s residence on February 11, 2020. Quiver strangled and threatened to shoot the officer. After ignoring repeated commands to comply, Quiver was tased by the officer and taken into custody.

This case was investigated by the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Heather Sazama prosecuted the case.

Quiver was immediately remanded to the custody of the U.S. Marshals Service.

RAPID CITY - United States Attorney Alison J. Ramsdell announced that U.S. District Judge Jeffrey L. Viken has sentenced an Obregon, Mexico, man convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on December 15, 2022.

Noel Rivera, 44, was sentenced to 17.5 years in federal prison, followed by five years supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Rivera was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in August of 2021. He pleaded guilty on April 25, 2022.

As part of his role within the drug trafficking organization, Rivera coordinated with other co-conspirators and would transport large quantities of methamphetamine from Arizona and other places outside of South Dakota into South Dakota. Rivera also coordinated with others regarding the storage and distribution of the methamphetamine once it arrived in South Dakota. The conspiracy lasted more than a year’s time frame. In August of 2021, agents conducted a search warrant of multiple locations in the Rapid City area tied to the conspiracy and located over 70 pounds of methamphetamine, multiple pounds of heroin and cocaine, as well as thousands of fentanyl pills, approximately $144,000, and thirteen firearms. One co-conspirator has pleaded guilty to Conspiracy to Distribute a Controlled Substance and is awaiting sentencing. The second co-conspirator is awaiting trial.

This case was investigated by the Unified Narcotics Enforcement Team (UNET), Drug Enforcement Agency, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  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 Gina Nelson prosecuted the case.

Rivera was immediately remanded to the custody of the U.S. Marshals Service.

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced that U.S. District Judge Karen E. Schreier has sentenced a Sioux Falls, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on December 19, 2022.

EJ Medina, 42, was sentenced to 12 years and seven months in federal prison, followed by five years of supervised release. He was also ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Medina was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in October of 2021. He pleaded guilty on September 19, 2022.

Beginning on an unknown date and continuing to on or about October of 2021, in the District of South Dakota and elsewhere, Medina conspired to distribute 500 grams or more of a mixture and substance containing methamphetamine, a Schedule II controlled substance. He was involved in a wide-ranging conspiracy, which was responsible for trafficking methamphetamine from Oregon to the Sioux Falls area. After being indicted, Medina rammed his vehicle into the vehicle of Deputy U.S. Marshals who were attempting to arrest him, and then fled on foot. The deputies caught Medina and placed him under arrest.

This case was investigated by the Sioux Falls Police Department and the Drug Enforcement Administration. Assistant U.S. Attorney Mark Hodges prosecuted the case.

Medina was immediately remanded to the custody of the U.S. Marshals Service.

RAPID CITY - United States Attorney Alison J. Ramsdell announced that U.S. District Judge Jeffrey L. Viken has sentenced a Rapid City, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on December 12, 2022.

Stevie Williams, 39, was sentenced to 14 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.

Williams was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in March of 2021. She pleaded guilty on August 19, 2022.

During the conspiracy, methamphetamine was trafficked into South Dakota from Arizona and Mexico through arrangements made with Williams and others in the conspiracy. Williams was responsible for sending large amounts of money through the U.S. Postal Service, UPS, and other mail carriers for the methamphetamine that was received. The methamphetamine was then dispersed to others for use and further distribution. Others charged in the conspiracy are awaiting sentencing or trial.

This case was investigated by the Unified Narcotics Enforcement Team (UNET), Drug Enforcement Agency, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. 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 Gina S. Nelson prosecuted the case.

Williams was immediately remanded to the custody of the U.S. Marshals Service.

 

 

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that District Judge Karen E. Schreier has sentenced a Pasco, Washington, woman convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on December 19, 2022.

Lourdes Rios, 47, was sentenced to four years and nine months in federal prison, followed by two  years of supervised release.  Rios was also ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Rios was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in September of 2021. She pleaded guilty on September 20, 2022.

Beginning on a date unknown and continuing until on or about August 8, 2021, in the District of South Dakota and elsewhere, Lourdes Rios, knowingly and intentionally combined, conspired, confederated, and agreed together, with others, to knowingly and intentionally distribute 500 grams or more of a mixture and substance containing methamphetamine, a Schedule II controlled substance. Rios was traveling through South Dakota when a traffic stop of her vehicle resulted in the seizure of 805 grams of methamphetamine.

This case was investigated by the South Dakota Highway Patrol and the Drug Enforcement Administration. Special Assistant U.S. Attorney Elizabeth Ebert prosecuted the case.

Rios was immediately remanded to the custody of the U.S. Marshals Service.

PIERRE - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Rosebud, South Dakota, man for Assault Resulting in Serious Bodily Injury and Assault of an Intimate Partner by Strangulation.

Daymon Oliver, age 41, was indicted in September of 2022. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 21, 2022, and pleaded not guilty to the Indictment.

The maximum penalty 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 Indictment alleges that on July 20, 2022, in Mission, South Dakota, within the Rosebud Sioux Indian Reservation, Oliver unlawfully assaulted and strangled his domestic partner. The assault resulted in serious bodily injury to the victim.

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

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

Oliver was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for February 14, 2023.

 

PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Mission, South Dakota, woman convicted of Child Abuse. The sentencing took place on December 19, 2022.

ShawnDae White Bird, age 33, was sentenced to 13 months in federal prison, followed by three years supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

White Bird was indicted for Child Abuse by a federal grand jury in July of 2022. She pleaded guilty on September 1, 2022.

White Bird gave birth to the victim in July of 2021. In early September, doctors prescribed the victim a medication to treat a diagnosed condition. White Bird failed to fill the prescription, leaving the condition untreated. The condition developed into an ulcerated and infected wound that required a debridement procedure.

This case was investigated by the FBI. Assistant U.S. Attorney Abby Roesler prosecuted the case.

White Bird was immediately remanded to the custody of the U.S. Marshals Service.

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Latvian woman convicted of Engaging in Monetary Transactions in Property Derived from Specified Unlawful Activity. The sentencing took place on December 19, 2022.

At the time of her sentencing hearing, Lubova Burkute, 40, had served approximately one year in custody following her extradition from Norway. She was sentenced to time served and ordered to pay $11,835,573 in restitution and a $100 special assessment to the Federal Crime Victims Fund.

Burkute was indicted for Conspiracy to Launder Monetary Instruments by a federal grand jury in June of 2021. She pleaded guilty on September 23, 2022.

According to court documents, in approximately 2015 and continuing until 2021, Burkute conspired and agreed with others to knowingly conduct financial transactions affecting interstate and foreign commerce. Specifically, Burkute and her co-conspirators engaged in depositing, transferring, wiring, and withdrawing U.S. Currency, foreign currency, and funds at financial institutions, which involved the proceeds of specified unlawful activity – wire fraud. Burkute and her co-conspirators knew that the transactions were designed in whole or in part to conceal and disguise the nature, location, source, ownership, or control of the proceeds of the fraud scheme. While conducting and attempting to conduct such financial transactions, it is alleged that Burkute knew that the property involved in the financial transactions represented the proceeds of some form of unlawful activity.

While Burkute was a minimal participant in the conduct giving rise to her conviction, her co-conspirators, including Nathan Peachey and John Rick Winer, were two of the primary perpetrators of the fraud scheme and money laundering activities. As to that conduct, Peachey and Winer, among others, informed investors that the monies provided to one or more of the co-conspirators would be used for charitable or humanitarian projects, oftentimes using religion or sovereign-citizen ideologies to entice and induce victims into investing money in the scheme. They also made promises that there would be a return on investments. Peachey and Winer informed investors that the monies provided to one or more of the co-conspirators would not be expended on personal expenses. Investor money was not used for charitable or for humanitarian projects, and investors never received a return on investments relating to the monies provided to Peachey, Winer, or their co-conspirators. The purpose of the conspiracy was to enrich the co-conspirators, all of whom amassed nearly $13 million, and then spent the fraud proceeds on a luxury residence located in a suburb of Oslo, Norway, renovation costs on the house, a Mercedes Benz, nearly $4 million in silver, travel, and personal expenses. This fraud scheme impacted victims from around the United States, including South Dakota, Minnesota, Arizona, New Mexico, Florida, Colorado, Pennsylvania, and North Carolina.

Peachey and Winer were convicted for their roles in fraud, money laundering, and obstruction of justice conspiracies. Peachey and Winer were sentenced to 300 months and 262 months in federal prison, respectively. Each was also ordered to serve three years of supervised release, pay nearly $11 million in restitution, and to forfeit a residence in Norway, a luxury vehicle, and approximately $4 million in silver coins.

This case was investigated by the following agencies:

-           IRS Criminal Investigation;

-           FBI;

-           ØKOKRIM, the Norwegian National Authority for Prosecution and Investigation of Economic and Environmental Crime, Oslo, Norway;

-           Oslo, Norway, Police Department;

-           Department of Justice’s Office of International Affairs; and

-           South Dakota Division of Criminal Investigation.

Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.

Burkute was released after the sentencing hearing. Burkute resided in and operated from Norway, among other places, and she is a citizen of Latvia, where she was ordered to immediately self-deport.

PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a North Miami Beach, Florida, man convicted of Wire Fraud. The sentencing took place on December 19, 2022.

Tyler Vandenhoek, age 35, was sentenced to time served, equal to approximately three days in custody, followed by two years of supervised release, and ordered to pay $6,650 in restitution and a $100 special assessment to the Federal Crime Victims Fund.

Vandenhoek was indicted by a federal grand jury in February of 2022. He pleaded guilty on December 19, 2022.

Between January 2020 and February 2020, Vandenhoek stole blank checks belonging to two different victims and then wrote and cashed multiple fraudulent checks at locations in and around Mission, South Dakota. 

The case was investigated by the FBI. Assistant U.S. Attorney Kirk Albertson prosecuted the case. 

RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Court Judge Jeffrey L. Viken has sentenced a Belle Fourche, South Dakota, woman convicted of Distribution of a Controlled Substance. The sentencing took place on December 16, 2022.

Jordan Dolney, 24, was sentenced to 16 months in federal prison, followed by three years supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Jordan Dolney was indicted for Distribution of a Controlled Substance by a federal grand jury in February of 2022. She pleaded guilty on October 7, 2022.

Dolney assisted her co-defendant, Thomas Beetem, with obtaining a substance containing a mixture of heroin and fentanyl, and then assisted in coordinating the distribution and transfer of that substance to another in Rapid City, South Dakota. Beetem was previously sentenced to 16 months in custody.

This case was investigated by the South Dakota Division of Criminal Investigation, Drug Enforcement Administration, Meade County Sheriff’s Department, and the Pennington County Sheriff’s Department. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.

Dolney was immediately remanded to the custody of the U.S. Marshals Service.

PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Winner, South Dakota, man convicted of Failure to Register as a Sex Offender. The sentencing took place on December 12, 2022.

Glenford Old Lodge, age 33, was sentenced to 13 months federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Old Lodge was indicted for Failure to Register by a federal grand jury in March of 2022. He pleaded guilty on September 1, 2022.

Between September 2, 2021 and September 5, 2021, Old Lodge, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction of federal law, knowingly failed to register and update his registration.

This case was investigated by the U.S. Marshals Service, Pierre Police Department, and the Winner Police Department. Assistant U.S. Attorney Abby Roesler prosecuted the case.

Old Lodge was immediately remanded to the custody of the U.S. Marshals Service.

PIERRE - 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 Voluntary Manslaughter. The sentencing took place on December 12, 2022.

Perry Joseph Fogg, age 24, was sentenced to eight years in federal prison, followed by three years of supervised release, $1,185 restitution, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Fogg was indicted by a federal grand jury in December of 2021. He pleaded guilty on September 1, 2022.

On July 19, 2021, in Mellette County, within the Rosebud Sioux Indian Reservation, upon sudden quarrel or heat of passion, Fogg unlawfully killed the victim by striking the victim with a pickup.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the FBI. Assistant U.S. Attorney Abby Roesler prosecuted the case.

Fogg was immediately remanded to the custody of the U.S. Marshals Service.

PIERRE - United States Attorney Alison J. Ramsdell announced a federal grand jury has indicted a Rapid City, South Dakota, man for Failure to Register as a Sex Offender.

Bradley Makes Room For Them, age 38, was indicted in June of 2022. He appeared before U.S. Magistrate Judge Mark Moreno on December 12, 2022, and pleaded not guilty to the Indictment.

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

Makes Room For Them was convicted of Aggravated Sexual Abuse in September of 2003. As a result of this conviction, he is required to register as a sex offender. It is alleged that between March 16, 2022, and April 25, 2022, Makes Room For Them, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under federal law, failed to properly register and update his registration.

The charge is merely an accusation and Makes Room For Them is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.   

Makes Room For Them was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.

PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Mission, South Dakota, man convicted of Third Degree Burglary. The sentencing took place on December 12, 2022.

Justice White Horse, age 20, was sentenced to 11 months in federal prison, followed by three years of supervised release, and ordered to pay $230 in restitution and a $100 special assessment to the Federal Crime Victims Fund.

White Horse was indicted for Third Degree Burglary by a federal grand jury in April of 2022. He pleaded guilty on September 1, 2022.

On February 8, 2022, in Mission, within the Rosebud Sioux Indian Reservation, White Horse entered an unoccupied structure, that is the Buffalo Brew coffee shop, with the intent to commit larceny therein. At the time of the offense, White Horse was not licensed or privileged to be in the business.

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

White Horse was immediately remanded to the custody of the U.S. Marshals Service.

ABERDEEN - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Charles B. Kornmann has sentenced a Little Eagle, South Dakota, woman convicted of Distribution of a Controlled Substance Resulting in Death. The sentencing took place on December 12, 2022.

Samantha Lee Uses Arrow, age 29, was sentenced to 10 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.

Uses Arrow was indicted for Distribution of a Controlled Substance Resulting in Death by a federal grand jury in October of 2021. She pleaded guilty on September 26, 2022.

In January 2021, in Little Eagle, within the Standing Rock Sioux Indian Reservation, Uses Arrow injected methamphetamine into another person, who died from methamphetamine toxicity.

This case was investigated by Bureau of Indian Affairs, Office of Justice Services, Standing Rock Agency and Division of Drug Enforcement, the Northern Plains Safe Trails Drug Enforcement Task Force, and the Mobridge Police Department. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.

Uses Arrow was immediately remanded to the custody of the U.S. Marshals Service.

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 First Degree Burglary. The sentencing took place on December 12, 2022.

Dustin Jade Red Fox, age 30, was sentenced to 27 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.

Red Fox was indicted for First Degree Burglary by a federal grand jury in July of 2022. He pleaded guilty on September 26, 2022.

In June 2022, in Little Eagle, within the Standing Rock Sioux Indian Reservation, Red Fox entered the residence of his former dating partner without permission and assaulted her. Red Fox then attempted to start the residence on fire by burning a blanket on a stove. 

This case was investigated by Bureau of Indian Affairs, Office of Justice Services, Standing Rock Agency, and the Bureau of Alcohol, Firearms, Tobacco and Explosives. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.

Red Fox was immediately remanded to the custody of the U.S. Marshals Service.

RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Jeffrey L. Viken has sentenced a Dupree, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person. The sentencing took place on December 12, 2022.

Joseph Bowker, 31, was sentenced to two years and five 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.

Bowker was indicted for Possession of a Firearm by a Prohibited Person by a federal grand jury in December of 2021. He pleaded guilty on June 21, 2022.

In August 2021, in Rapid City, Bowker, a previously convicted felon who is prohibited from possessing firearms, knowingly possessed a Taurus, model PT111, Millenium Pro G2, 9x19mm Luger caliber, semi-automatic pistol, which was found after Bowker came into contact with law enforcement.

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.

Bowker was immediately remanded to the custody of the U.S. Marshals Service.

ABERDEEN - United States Attorney Alison J. Ramsdell announced today that a Watauga, South Dakota, man convicted of Larceny was sentenced on December 5, 2022, by U.S. District Judge Charles B. Kornmann.

Arlen Eugene Kern, age 57, was sentenced to five years of probation and ordered to pay a $2,000 fine, restitution in the amount of $9,376.59, and a $100 special assessment to the Federal Crime Victims Fund.

Kern was indicted for Larceny by a federal grand jury in December of 2021. He pleaded guilty on September 12, 2022.

Between 2018 and 2020, in McIntosh, South Dakota, within the Standing Rock Sioux Indian Reservation, Kern stole over $1,000 from his place of employment through the misuse of a company debit card. 

This case was investigated by the FBI and the Corson County Sheriff’s Office. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.

Kern was released after sentencing.

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Rosebud, South Dakota, man for three counts of Sexual Abuse of a Minor and one count of Abusive Sexual Contact.

Shane Mousseaux, age 35, was indicted in November of 2022. He appeared before U.S. Magistrate Judge Veronica L. Duffy on November 30, 2022, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is up to 15 years in federal prison and/or a $250,000 fine, life of supervised release, and up to $400 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges in Counts 1, 2, and 3, that between August 6, 2020, and June 21, 2022, Mousseaux knowingly engaged in, and attempted to engage in, sexual acts with a female minor who had not attained the age of 16 years.

Count 4 of the Indictment alleges that between August 6, 2020, and June 21, 2022, Mousseaux knowingly engaged in, and attempted to engage in, sexual contact with the same victim.

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

The investigation is being conducted by the FBI. Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.   

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.

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

RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Jeffrey L. Viken has sentenced a Rapid City, South Dakota, man convicted of Attempted Enticement of a Minor Using the Internet. The sentencing took place on December 5, 2022.

Jesse James Young, 37, was sentenced to 11 years and three 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.

Young was indicted for Attempted Enticement of a Minor Using the Internet and Transfer of Obscene Material to a Minor by a federal grand jury in August of 2021. He pleaded guilty on August 12, 2022.

Young was arrested as a result of an undercover sex trafficking operation conducted during the 2021 Sturgis Motorcycle Rally, targeting internet predators. Following multiple sexually explicit chats and text messages with a person Young believed to be a 13-year-old girl, but who was in fact an undercover agent, Young proceeded to negotiate a time and place he would meet the minor to engage in unlawful sex acts. When Young went to the pre-determined location to meet the minor, he was instead met by law enforcement agents and placed under arrest.

This case was investigated by the South Dakota Division of Criminal Investigation, South Dakota Internet Crimes Against Children Taskforce, Homeland Security Investigations, Rapid City Police Department, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

Young was immediately remanded to the custody of the U.S. Marshals Service.

RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Jeffrey L. Viken has sentenced a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person. The sentencing took place on December 1, 2022.

Julion Graham, 26, was sentenced to two years and three months in federal prison, followed by three of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Graham was indicted for Possession of a Firearm by a Prohibited Person by a federal grand jury in May of 2022. He pleaded guilty on August 24, 2022.

Graham, a previously convicted felon who is prohibited from possessing firearms, knowingly possessed a Bersa, .380 ACP semi-automatic pistol in April of 2022 in Rapid City, which was found after Graham came into contact with law enforcement. 

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.

Graham was immediately remanded to the custody of the U.S. Marshals Service.

 

 

ABERDEEN - United States Attorney Alison J. Ramsdell announced today that a Rapid City, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on December 5, 2022, by U.S. District Court Judge Charles B. Kornmann.

Galen Cleveland Iron Cloud, age 31, was sentenced to eight years in federal prison, followed by four years of supervised release, forfeiture of $4,354 in U.S. currency, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Iron Cloud was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in September 2021. He pleaded guilty on May 17, 2022.

Between 2018 and 2021, Iron Cloud knowingly conspired with others to distribute between 50 and 200 grams of methamphetamine in South Dakota. Iron Cloud was primarily involved with distributing methamphetamine within the Standing Rock Sioux Indian Reservation and the Cheyenne River Sioux Indian Reservation. 

This case was investigated by the FBI, Northern Plains Safe Trails Drug Enforcement Task Force, Mobridge Police Department, Bureau of Indian Affairs, Office of Justice Services, Standing Rock Agency, Corson County Sheriff’s Office, Cheyenne River Sioux Tribe Law Enforcement Services, Oglala Sioux Tribal Police Department, and the Rapid City Police Department. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.

Iron Cloud was immediately remanded to the custody of the U.S. Marshals Service.

RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Jeffery L. Viken has sentenced a Rapid City, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on December 5, 2022.

Michael McLeod, 43, was sentenced to three 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.

Michael McLeod was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in September of 2020. He pleaded guilty on August 19, 2022.

During the conspiracy, McLeod traveled to Nebraska on at least one occasion to transport methamphetamine to South Dakota. Once the methamphetamine arrived in the Rapid City area it was dispersed to others for use and distribution. Others charged in the conspiracy have already been sentenced.

This case was investigated by the Unified Narcotics Enforcement Team (UNET), Drug Enforcement Agency, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  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 Kathryn N. Rich prosecuted the case.

McLeod was immediately remanded to the custody of the U.S. Marshals Service.

RAPID CITY - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Rapid City, South Dakota, man for Possession of a Firearm by a Prohibited Person.

Joseph Hornbeck, age 34, was indicted in November of 2022. He appeared before U.S. Magistrate Judge Daneta Wollmann on December 2, 2022, and pleaded not guilty to the Indictment.

The maximum penalty 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.

In April of 2022, in Rapid City, Hornbeck, a previously convicted felon who is prohibited from possessing firearms, was found in possession of a Calwestco Incorporated, Jennings Trademark, model J-22, .22 Long Rifle caliber, semi-automatic pistol, which was found after Hornbeck came into contact with law enforcement.

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.

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

The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson is prosecuting the case. 

Hornbeck was returned to state custody pending trial. A trial date has not been set.

RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. Magistrate Judge Daneta Wollmann has sentenced a Missoula, Montana, man convicted of Destruction of Government Property. The sentencing took place on December 5, 2022.

Balgaroslav Todorov Latinow, a/k/a Bobby Latinow, 56, was sentenced to one year of probation and ordered to pay $7,156.00 in restitution and a $25 special assessment to the Federal Crime Victims Fund.

Latinow was indicted for Destruction of Government Property and Unauthorized Damage and Defacement of Archaeological Resource by a federal grand jury in June of 2021. He pleaded guilty on October 7, 2022.

The conviction stems from Latinow carving into and damaging a Native American rock art panel, namely, archaeological site 39FA0677, in Red Canyon in the Black Hills National Forest. This location is listed on the National Register of Historic Places and is located on land under the control and management of the U.S. Forest Service.

This case was investigated by the U.S. Forest Service. Assistant U.S. Attorney Kelsey Blair prosecuted the case.

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted an Elmore, Minnesota, man for two counts of Attempted Production of Child Pornography.

Mason Mensing, age 21, was indicted in November of 2022. He appeared before U.S. Magistrate Judge Veronica L. Duffy on December 7, 2022, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is up to 30 years in federal prison and/or a $250,000 fine, life of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that between March 25, 2022, and April 4, 2022, and again between August 17, 2022, and August 19, 2022, Mensing knowingly attempted to persuade and induce two minor females to engage in sexually explicit conduct for the purpose of producing images of child pornography.

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

The investigation is being conducted by Homeland Security Investigations, the Brookings Police Department, and the Faribault County Sheriff’s Office. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.   

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.

Mensing was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for February 14, 2023.

ABERDEEN - United States Attorney Alison J. Ramsdell announced today that a Little Eagle, South Dakota, man convicted of Domestic Assault by an Habitual Offender was sentenced on December 5, 2022, by U.S. District Court Judge Charles B. Kornmann.

Yukon Oris Henry, age 46, was sentenced to 30 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.

Henry was indicted for Domestic Assault by an Habitual Offender by a federal grand jury in May of 2022. He pleaded guilty on September 12, 2022.

On February 20, 2022, in Little Eagle, within the Standing Rock Sioux Indian Reservation, Henry unlawfully assaulted his domestic partner, causing her substantial bodily injury. Henry was previously convicted of at least two prior domestic violence crimes in Standing Rock Sioux Tribal Court.

This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, Standing Rock Agency. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.

Henry was immediately remanded to the custody of the U.S. Marshals Service.

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Lake Andes, South Dakota, man for 18 counts of Wire Fraud and two counts of Theft From an Indian Tribal Organization.

Christopher Saunsoci, age 42, was indicted in November of 2022. He appeared before U.S. Magistrate Judge Veronica L. Duffy on November 18, 2022, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund for each of the Wire Fraud counts. The maximum penalty upon conviction for each of the two counts of Theft From an Indian Tribal Organization is up to five 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 Indictment alleges that between September 8, 2020, and September 17, 2021, Saunsoci devised a scheme to defraud and obtain money by means of false and fraudulent pretenses and representations. The transactions involved the use of electronic wire communications and interstate commerce. The Indictment further alleges that between February 10, 2022, and May 16, 2022, Saunsoci willfully misapplied a 2016 GMC Yukon from the Yankton Sioux Tribe. The Indictment also alleges that between December 31, 2021, and March 16, 2022, Saunsoci willfully misapplied moneys, funds, and credits belonging to the Yankton Sioux Tribe. 

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

The investigation is being conducted by the U.S. Attorney’s Office and the FBI. Assistant U.S. Attorney Jay Miller is prosecuting the case. 

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

This case was brought pursuant to the Guardians Project, a federal law enforcement initiative to coordinate efforts between participating agencies, to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian country communities. The Guardians Project is another step of federal law enforcement’s on-going efforts to increase engagement, coordination, and positive action on behalf of tribal communities.

Led by the U.S. Attorney’s Office, the participating agencies include: the FBI; the Offices of Inspector General for the Departments of Interior, Health and Human Services, Social Security Administration, Agriculture, Transportation, Education, Justice, and Housing and Urban Development; IRS Criminal Investigation; U.S. Postal Inspection Service; and the U.S. Postal Service, Office of Inspector General.

For additional information about the Guardians Project, please contact the U.S. Attorney’s Office at (605) 330-4400. To report a suspected crime, please contact law enforcement at the federal agency’s locally listed telephone number.

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Brookings, South Dakota, man for two counts of Making Counterfeit U.S. Currency and two counts of Passing Counterfeit U.S. Currency.

Julian Huffman, age 27, was indicted in December of 2022. He appeared before U.S. Magistrate Judge Veronica L. Duffy on December 8, 2022, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 years in federal prison and/or a $250,000 fine, three years of supervised release, and up to $400 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that between on or about September 9, 2022, and November 21, 2022, Huffman falsely made, forged, and counterfeited five counterfeit $20.00 Federal Reserve Notes.

The Indictment also alleges that on or about November 17, 2022, and November 20, 2022, Huffman passed and uttered, and attempted to pass and utter, five counterfeit $20.00 Federal Reserve Notes which Huffman knew to be falsely made, forged, and counterfeited.

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

The investigation is being conducted by the U.S. Secret Service, the Brookings Police Department, and the Brookings County Sheriff’s Office. Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.   

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

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Tempe, Arizona, man for Conspiracy to Commit Bank Fraud and Conspiracy to Launder Monetary Instruments.

Emilio Herrera, age 22, was indicted in September of 2022. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 1, 2022, and pleaded not guilty to the Superseding Indictment.

The maximum penalty upon conviction is up to up to 30 years in custody for Bank Fraud Conspiracy, 20 years in custody for Money Laundering Conspiracy, and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution and forfeiture may also be ordered.

According to the Superseding Indictment, in 2020 and continuing until April 2022, Herrera, along with his co-conspirators, agreed to knowingly conduct and attempt to conduct bank fraud and associated financial transactions, including money laundering. Herrera’s and his co-conspirators’ conduct adversely impacted financial institutions throughout the Sioux Falls area and elsewhere, including, but not limited to, First Premier Bank, Wells Fargo Bank, Levo Credit Union, First National Bank, First Bank and Trust, U.S. Bank, American Bank and Trust, American State Bank, Navy Federal Credit Union, Pima Federal Credit Union, JP Morgan Chase, and Security National Bank of South Dakota. These defendants, as alleged, schemed to obtain money, funds, and other property owned by, and under the custody and control of, the aforementioned financial institutions, by means of false or fraudulent pretenses, representations, and promises. After obtaining funds through fraud, the co-conspirators and others engaged in depositing, transferring, wiring, and withdrawing currency and funds at financial institutions. These transactions involved the proceeds of the bank fraud identified above.

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

The investigation is being conducted by IRS Criminal Investigation, Homeland Security Investigations, Sioux Falls Police Department, SD Highway Patrol, and the U.S. Postal Service.

Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case. 

Herrera was released pending trial. A trial date of February 7, 2023, has been set. 

 

RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Jeffrey L. Viken has sentenced a Summerset, South Dakota, man convicted of Distribution of a Controlled Substance. The sentencing took place on November 18, 2022.

Thomas Beetem, 27, was sentenced to 16 months in federal prison, followed by three years supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Beetem was indicted for Distribution of a Controlled Substance by a federal grand jury in February of 2022. He pleaded guilty on July 27, 2022.

Beetem obtained a substance containing a mixture of heroin and fentanyl, and then distributed that substance to another person in Rapid City, South Dakota.

This case was investigated by the South Dakota Division of Criminal Investigation, Drug Enforcement Administration, Meade County Sheriff’s Department, and the Pennington County Sheriff’s Department. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.

Beetem was immediately remanded to the custody of the U.S. Marshals Service.

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that District Judge Karen E. Schreier has sentenced a Sioux Falls, South Dakota, man convicted of Possession of a Controlled Substance with Intent to Distribute, Possession of a Firearm by a Prohibited Person, and Distribution of a Controlled Substance. The sentencing took place on November 28, 2022.

Willie Gene Murphy, Jr., 51, was sentenced to 10 years in federal prison, followed by five years of supervised release. He was also ordered to pay a $300 special assessment to the Federal Crime Victims Fund.

Murphy Jr. was indicted for an assortment of federal firearms and drug charges by a federal grand jury in February of 2022. He pleaded guilty to Possession of a Firearm by a Prohibited Person on September 1, 2022.  He continued to trial on the charges of Possession of a Controlled Substance with Intent to Distribute and Distribution of a Controlled Substance, where he was found guilty on both charges by a jury on September 7, 2022.

After a source of information shared reliable information to law enforcement about Murphy Jr. selling methamphetamine, a controlled purchase of methamphetamine from Murphy Jr. was conducted. Later, a traffic stop was executed on Murphy Jr., which resulted in the seizure of almost 14 grams of 100% pure methamphetamine. His home was subsequently searched, which resulted in the seizure of an additional 124 grams of 100% pure methamphetamine, along with two pistols and an AR-15 rifle. Murphy Jr. is a convicted felon and is prohibited from owning firearms, due to a prior conviction for possession of a controlled substance.

This case was investigated by the South Dakota Department of Criminal Investigation, Sioux Falls Police Department, and the Drug Enforcement Administration. Assistant U.S. Attorney Mark Hodges prosecuted the case.

Murphy Jr. was immediately remanded to the custody of the U.S. Marshals Service.

PIERRE - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Stapleton, Nebraska, man for Involuntary Manslaughter.

Coenrad Jones, age 21, was indicted in October of 2022. He appeared before U.S. Magistrate Judge Mark Moreno on November 28, 2022, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is up to eight 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 Indictment alleges that on February 1, 2022, in Todd County, South Dakota, Jones killed a man by operating a motor vehicle in a grossly negligent manner.

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

The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the South Dakota Highway Patrol. Assistant U.S. Attorney Abby Roesler is prosecuting the case. 

Jones was released on bond pending trial. A trial date has been set for January 31, 2023.

PIERRE - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Long Beach, California, man for Conspiracy to Distribute Methamphetamine.

Jamaul Carter, a/k/a Mud, a/k/a Mudd Roll, age 34, was indicted in October of 2022. He appeared before Magistrate Judge Mark A. Moreno on November 30, 2022, and pleaded not guilty to the Indictment.

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

The Indictment alleges that between September of 2021 and  November of 2022, the defendant conspired with others to knowingly distribute over 500 grams of methamphetamine in South Dakota, on the Rosebud Sioux Indian Reservation.

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

The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case. 

Carter was released on bond pending trial. A trial date has been set for January 31, 2023.

Good morning. I am very pleased to join you at this year’s Tribal Nations Summit. 

I want to thank President Biden for bringing us together today, as well as Secretary Haaland for hosting us. Secretary Haaland has been an indispensable partner to the Justice Department, and I am so grateful for her leadership. I am honored to serve alongside her.

I’m also grateful to the Tribal leaders who have traveled from near and far to attend this Summit.

I deeply appreciate this opportunity to reaffirm the Justice Department’s commitment to honoring and strengthening our nation-to-nation partnerships, and to working together to keep Tribal communities safe. 

And I want to reiterate the Justice Department’s intention to approach that work with respect, humility, and sincerity. 

At the Justice Department, we know that open and honest dialogue is essential to fulfilling our shared goals.

We welcome opportunities to hear directly from Tribal leaders. We also appreciate the diversity of thought and perspectives among sovereign Tribal nations.

That is why the Department takes seriously our duty to consult with Tribes, and we are committed to making those consultations as productive as possible.

This year, we held six formal consultations, including our 17th Annual Consultation on Violence Against Women. Hosted for the very first time in Alaska, this consultation has had a record number of participants and Tribal leader testimonies.

We also conducted sessions to receive feedback on improving the Department’s longstanding consultation policy. 

These discussions produced recommendations for improvement, all of which were accepted and incorporated into an updated Tribal Consultation Policy that I am proud to announce today. This marks the first update to the Consultation Policy since 2013. 

We have revised the Policy to explicitly state that consultations need not be limited to one session, or even one concentrated block of sessions. We heard from you that sometimes a more iterative process is needed, and we listened. 

We also heard feedback that Tribal leaders may wish to delegate representation for formal consultations or expand representation to include subject matter experts. We have revised the Policy to establish a process for such representations.

I am grateful to the more than 100 Tribal governments that aided our work to update the Consultation Policy. 

I am confident that these and other revisions to the Policy will lead to better consultations, to the benefit of Tribal communities everywhere.

Establishing and maintaining strong lines of communication is essential, and it is critical to our shared efforts to address disproportionate rates of violence in Tribal communities.

Native American families and communities have endured persistently high levels of violence. 

Women and girls have borne the brunt of that violence. 

And the crisis of missing or murdered Indigenous People has shattered the lives of victims, their families, and entire Tribal communities.

This is unacceptable. 

The Justice Department is committed to partnering with Tribal communities, governments, courts, and law enforcement agencies to help reduce crime and support victims.

Our prosecutors and law enforcement components are an essential part of that work.

In July, the Deputy Attorney General directed every one of our U.S. Attorneys with Indian Country jurisdiction to more proactively address both existing and emerging public safety issues in those areas. 

As part of that effort, each U.S. Attorney’s Office with Indian Country jurisdiction is working to develop new updated operational plans that aim to better promote public safety in Tribal communities. 

This important work is being done alongside the ATF, DEA, FBI, and U.S. Marshals Service, as well as with state, local, Tribal, and territorial agencies. We expect the updated operational plans to be finalized by the end of this year.

Separately, and consistent with our obligations under Savanna’s Act, every U.S. Attorney’s office with Indian Country jurisdiction has developed regionally tailored guidelines specific to cases involving missing or murdered Indigenous People. 

Moving forward, these guidelines will be reviewed and updated annually to ensure that they meet the evolving needs of Tribes.

The Department also continues to break down barriers to criminal justice information that Tribes have faced for years.

We are expanding our Tribal Access Program for National Crime Information, or TAP.  This program allows Tribal governments to access, enter, and exchange data with national crime information systems, including those maintained by the FBI.

In September, we announced the selection of an additional 16 Tribes that will participate in TAP, bringing the total to 123. During this Administration, we have grown participation in TAP by 23 percent. 

And thanks to the reauthorization of the Violence Against Women Act earlier this year, TAP is now a permanent, required program.

This change will not just improve coordination with law enforcement at every level – it will help keep Tribal communities safe. 

Data entered under TAP has resulted in the registration of convicted sex offenders; the entry of domestic violence-related protection orders; the identification and arrest of fugitives; and the prevention of firearm purchases, to name just a few examples.

As the Department prioritizes preventing and disrupting violence in Tribal communities, we are simultaneously working to improve the assistance that victims and witnesses receive in the aftermath of a crime.

This year, our grant-making programs – including the Office on Violence Against Women, the Office of Justice Programs, and the Office of Community Oriented Policing Services – announced more than $246 million in grants that will support public safety efforts in American Indian and Alaska Native communities. 

This total – an increase from the last two years – includes more than $116 million awarded through the Tribal Victim Services Set-Aside Formula Program. These funds will be used to serve crime victims in almost 200 Tribes and villages. 

We also released the newest version of the Attorney General Guidelines for Victim and Witness Assistance – the first update in 10 years. 

Among other revisions, the new revisions provide additional guidance on how best to assist victims who are members of vulnerable populations. For the first time, this guideline specifically addresses victims from American Indian and Alaska Native communities.

In addition, Marlys Big Eagle, a long-time victims’ services provider in the district of South Dakota, is now serving as the Department’s first Native American Outreach Services Liaison.  

In that role, she will work to ensure that victims of crime have a voice during every step of the criminal justice process where the federal government has jurisdiction. 

The Justice Department recognizes that addressing the public safety challenges of this moment will require more than just strong partnerships with Tribes.  

It will also require greater coordination within the federal government.

We are grateful for our continued partnership with the Department of the Interior. As called for by Executive Order 14053, DOJ coordinated with DOI to develop a comprehensive strategy for preventing and responding to violence against Native Americans.

Now, we are executing that strategy. For example, just this week, the FBI and the Bureau of Indian Affairs entered into a Memorandum of Understanding that updates the operational agreements between these two agencies for the first time since 1993.

This MOU will strengthen information sharing processes and expand avenues for collaboration between the agencies during criminal investigations. 

The changes, which reflect Tribal feedback, will make our investigations both more efficient and more effective.

Finally, and in addition to meeting the public safety challenges facing Tribal communities, the Justice Department is ensuring that its civil rights work accounts for Tribal interests.

Protecting the civil rights of all individuals was a founding purpose of the Department. It remains an urgent priority. 

For example, earlier this Fall, the Department filed a lawsuit against the owners and operators of a hotel and bar in South Dakota for violating the Civil Rights Act of 1964 by discriminating against Native American customers.  

The Justice Department is working hard to make good on our commitment to improve the wellbeing of Tribal communities. In just a few minutes, you will hear even more about that from Associate Attorney General Vanita Gupta, who has been integral to our efforts to support Tribes.  

But we know that we cannot do this work without you.

As we fulfill our public safety obligations to Tribal communities, we promise to do so as partners.

This means establishing and maintaining strong lines of communication. 

This means listening to you, as leaders of your governments and representatives of your citizens. 

And it means incorporating your insights into our processes.

I am grateful for your partnership. I am humbled by your trust. And I am honored to work alongside you as we build a better future.

Thank you very much.

https://www.justice.gov/opa/speech/attorney-general-merrick-b-garland-delivers-remarks-white-house-tribal-nations-summit

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that a Sioux Falls, South Dakota, man convicted of Receipt and Distribution of Child Pornography was sentenced on November 28, 2022, by U.S. District Judge Karen E. Schreier.

Dylan St. Claire age 31, was sentenced to ten years and one month in federal prison, five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

St. Claire was indicted by a federal grand jury in September of 2021. He pled guilty on September 2, 2022.

The conviction stemmed from incidents between March 10, 2021, and July 21, 2021, when St. Claire knowingly received and distributed material containing child pornography. While using his KIK social media account, St. Claire engaged in chat conversations with other KIK users. During those conversations, St. Claire shared files that contained videos of child pornography, including prepubescent minors that had not attained the age of twelve years old.

This case was investigated by Homeland Security Investigations. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

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.

St. Claire was immediately remanded to the custody of the U.S. Marshals Service.

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Robert Charles Black Cloud, age 67, was indicted in November of 2022. He appeared before U.S. Magistrate Judge Daneta L. Wollmann on November 23, 2022, and pleaded not guilty to the Indictment.

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

The Indictment alleges that Black Cloud, who had previously been convicted of a sex crime and required to register under the Sex Offender Registration and Notification Act, failed to do so between May 29, 2022 and November 1, 2022.

The charge is merely an accusation and Black Cloud is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.   

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.

Black Cloud was released on bond pending trial which has been set for January 31, 2023.

PIERRE - United States Attorney Alison J. Ramsdell announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Sonny Ray Escarsega, a/k/a Sonny Ray Ruiz, age 41, was indicted in November of 2022. He appeared before U.S. Magistrate Judge Mark Moreno on November 23, 2022, and pleaded not guilty to the Indictment.

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

Escarsega was convicted of Aggravated Sexual Abuse in July of 2003.  As a result of this conviction, he is required to register as a sex offender.  It is alleged that between August 24, 2022, and October 25, 2022, Escarsega, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under federal law, failed to properly register and update his registration.

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

The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.   

Escarsega was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for January 17, 2023.

RAPID CITY - United States Attorney Alison J. Ramsdell announced a federal grand jury has indicted a Kyle man for Second Degree Murder.

Scotty Old Horse, age 27, was indicted in November of 2022. He appeared before U.S. Magistrate Judge Daneta Wollmann on November 23, 2022, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is 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 Indictment alleges that on November 2, 2022, at Kyle, South Dakota, Old Horse killed a man by striking him with a vehicle.

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

The investigation is being conducted by the Oglala Sioux Tribe Department of Public Safety and the Federal Bureau of Investigation. Assistant U.S. Attorney Kelsey Blair is prosecuting the case. 

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

RAPID CITY - United States Attorney Alison J. Ramsdell announced today that a Rapid City, South Dakota, man convicted of Receipt of Child Pornography was sentenced on November 18, 2022, by U.S. District Judge Jeffrey L. Viken.

James McKinstry, age 75, was sentenced to five years in federal prison, followed by five years of supervised release, and ordered to pay $8,000 in restitution, a $100 special assessment to the Federal Crime Victims Fund, and a $5,000 special assessment to the Victims of Trafficking Fund. McKinstry will also be required to register as a sex offender under the Sex Offender Registration and Notification Act.

McKinstry was indicted for Receipt of Child Pornography and Possession of Child Pornography by a federal grand jury in February of 2021. He pleaded guilty on July 25, 2022.

McKinstry was arrested and federally indicted following three Cybertips from the National Center of Missing and Exploited Children. A forensic examination of McKinstry’s devices found hundreds of images and videos of child pornography, including children as young as infants.

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 Division of Criminal Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

McKinstry was immediately remanded to the custody of the U.S. Marshals Service.