District of South Dakota

United States Attorney Dennis R. Holmes announced that a Newell, South Dakota, woman has been indicted by a federal grand jury for Distribution of a Controlled Substance.

Kimberly Rich, age 56, was indicted on February 17, 2022.  She appeared before U.S. Magistrate Judge Daneta Wollmann on February 25, 2022, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is forty years in federal prison and/or a $5,000,000 fine, a lifetime of supervised release, and a $100 assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that in January 2022, Rich knowingly and intentionally distributed a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.  The charges are merely an accusation and Rich is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the South Dakota Division of Criminal Investigation and the Meade County Sheriff’s Office.  Assistant U.S. Attorney Kelsey Blair is prosecuting the case.

Rich was detained pending trial.  A trial date has not been set. 

United States Attorney Dennis R. Holmes announced that a Santa Fe, New Mexico, man has been indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person.

Isidro Ortega, age 62, was indicted on January 20, 2022.  He appeared before U.S. Magistrate Judge Daneta Wollmann on February 23, 2022, and pled not guilty to the Indictment.

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

The charge stems from Ortega, a previously convicted felon who is prohibited from possessing firearms, knowingly being in possession of a Jimenez Arms Incorporated, model J.A., .380 Auto caliber, semi-automatic pistol, in Rapid City in August 2021, which was found after Ortego came into contact with law enforcement.  The charge is merely an accusation and Ortega is presumed innocent until and unless proven guilty. 

This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. 

The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the South Dakota Highway Patrol.   Assistant U.S. Attorney Benjamin Patterson is prosecuting the case.   

Ortego was detained pending trial.  A trial date has not been set.

United States Attorney Dennis R. Holmes announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Minor.

Jaret Wooden Knife, age 24, was indicted on February 8, 2022.  He appeared before U.S. Magistrate Judge Mark A. Moreno on March 1, 2022, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 15 years in federal prison and/or a $250,000 fine, not less than five years up to life of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about January 10, 2020, in Mission, Wooden Knife knowingly engaged in, and attempted to engage in, a sexual act with a minor female.

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

The investigation is being conducted by the Federal Bureau of Investigation.  Assistant U.S. Attorney Abby Roesler is prosecuting the case.   

Wooden Knife was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for April 12, 2022.

United States Attorney Dennis Holmes announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.

Marty LaRoche, age 28, was indicted on December 14, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on March 1, 2022, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to eight years in federal prison 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 October 29, 2021, in Lower Brule, LaRoche spit on and struck a federal officer.

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

The investigation is being conducted by the Bureau of Indian Affairs – Office of Justice Services, Lower Brule Agency.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

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

United States Attorney Dennis Holmes announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.

Ronald Flute, Jr., age 25, was indicted on November 9, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on March 1, 2022, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to eight years in federal prison 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 August 14, 2021, in Lower Brule, Flute struck a federal officer.

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

The investigation is being conducted by the Bureau of Indian Affairs – Office of Justice Services, Lower Brule Agency.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

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

United States Attorney Dennis Holmes announced that a Little Eagle, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.

Corey Lynn Flying Bye, Jr., age 33, was indicted on February 8, 2022.  He appeared before U.S. Magistrate Judge Mark A. Moreno on March 1, 2022, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 40 years in federal prison, a $5,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between January 2020 and January 2021, on the Standing Rock Sioux Indian Reservation in South Dakota, Flying Bye knowingly and intentionally conspired with others to distribute and possess with intent to distribute 50 grams or more of methamphetamine.

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

The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, the Mobridge Police Department, the Corson County Sheriff’s Office, and the Bureau of Indian Affairs, Office of Justice Services.  Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.   

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

United States Attorney Dennis R. Holmes announced that a Lakewood, Colorado,  woman convicted of Possession of a Controlled Substance was sentenced on February 25, 2022, by U.S. Magistrate Judge Daneta Wollmann.

Rigdon, age 33, was sentenced to three years probation with conditions, a $1,000 fine, and a $25 special assessment to the Federal Crime Victims Fund.

Rigdon was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on July 24, 2018.  She pleaded guilty on December 13, 2021, to a superseding information charging her with Possession of a Controlled Substance.  

Rigdon was stopped by law enforcement with two co-defendants while traveling from Colorado to South Dakota in June 2018.  Law enforcement located approximately 242 grams of methamphetamine in the locked glove box of the vehicle. 

This case was investigated by the Drug Enforcement Administration and the Unified Narcotics Enforcement Team, which is comprised of law enforcement from the South Dakota Division of Criminal Investigation, Pennington County Sheriff’s Office, Rapid City Police Department, South Dakota National Guard, and the South Dakota Highway Patrol.

Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.

United States Attorney Dennis R. Holmes announced that a Sioux Falls, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on February 28, 2022, by U.S. District Judge Karen E. Schreier.

Chester Dennis Marshall, age 55, was sentenced to five years of supervised release and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Marshall was indicted by a federal grand jury on May 4, 2021.  He pled guilty on October 25, 2021.

The conviction stems from Marshall failing to register as a sex offender as required by federal law between January 2, 2021, and January 25, 2021.  Marshall had previously been convicted of a sex offense in federal court, which required him to register for the rest of his life.

This case was investigated by the U.S. Marshals Office.  Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

United States Attorney Dennis R. Holmes announced that a Pine Ridge, South Dakota, man has been indicted by a federal grand jury for Robbery, Assault with Intent to Commit a Felony, and Assault on a Federal Officer.

Faron John Apple, age 32, was indicted on February 17, 2022.  He appeared before U.S. Magistrate Judge Daneta Wollmann on February 25, 2022, and pleaded not guilty to the Indictment.

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

The Indictment alleges that in June 2021, Apple robbed an on-duty Oglala Sioux Tribe Department of Public Safety officer and then assaulted the officer.  The charges are merely an accusation and Apple is presumed innocent until and unless proven guilty. 

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

Apple was detained pending trial.  A trial date has not been set. 

United States Attorney Dennis R. Holmes announced that a Mission, South Dakota, woman convicted of Assault Resulting in Serious Bodily Injury was sentenced on February 28, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Teyaune Clairmont, a/k/a Teyaune Clairmont Escobedo, age 30, was sentenced to 28 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.

Clairmont was indicted by a federal grand jury on September 9, 2020.  She pled guilty on November 29, 2021.

The conviction stemmed from an incident that occurred in the early morning hours of June 27, 2020, in Todd County, South Dakota.  Clairmont went to the victim’s residence and argued with her.  After arguing with the victim for several minutes, Clairmont became angry and lunged at the victim, biting the victim on the arm, back, and nose.  The injury to the victim’s nose was severe and required reconstructive surgery

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

Clairmont was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Dennis R. Holmes announced that a Manderson, South Dakota, man convicted at trial of Conspiracy to Distribute a Controlled Substance was sentenced on February 18, 2022, by U.S. District Judge Karen E. Schreier.

A federal jury found Alec Respects Nothing guilty in November 2021. Respects Nothing, age 31, has been sentenced to 12 years in federal prison, followed by five years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

During his involvement in the conspiracy, Respects Nothing obtained methamphetamine from multiple large scale methamphetamine suppliers, which he then sold to others, primarily on the Pine Ridge Reservation.  Many of the people Respects Nothing supplied with methamphetamine went on to further distribute it to others.

This case was investigated by the Badlands Safe Trails Drug Enforcement Task Force, which is comprised of agents from the Federal Bureau of Investigation, the Oglala Sioux Tribe Department of Public Safety, the South Dakota Division of Criminal Investigation, and the Bureau of Indian Affairs.  Assistant U.S. Attorney Gina S. Nelson prosecuted the case.

Respects Nothing was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Dennis R. Holmes announced that a Lake Andes, South Dakota, man convicted of Receipt and Distribution of Child Pornography was sentenced on February 28, 2022, by U.S. District Judge Karen E. Schreier.

Cameron Allen Zephier, age 25, was sentenced to 151 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.

Zephier was indicted by a federal grand jury on March 2, 2021.  He pled guilty on November 30, 2021.

The conviction stemmed from incidents between May 6, 2020, and September 30, 2020, when Zephier used his Snapchat accounts to upload files containing child pornography.  Zephier downloaded the files from the internet to his cellular phone.

Zephier admitted to knowingly having received the digital files containing child pornography that had been transported in or affecting interstate or foreign commerce via the means of his cellular phone.  Zephier knew the files contained child pornography as they depicted minors engaged in sexually explicit conduct.

This case was investigated by the Federal Bureau of Investigation, the South Dakota Division of Criminal Investigation, and the Charles Mix County Sheriff’s Office.  Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

Zephier was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Dennis Holmes announced that a Fort Thompson, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Minor.

Adonis Collins, age 19, was indicted on February 8, 2022.  He appeared before U.S. Magistrate Judge Mark A. Moreno on February 25, 2022, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 15 years in federal prison and/or a $250,000 fine, at least five years, up to life, of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between July 2021 and August 2021, in Fort Thompson, Collins knowingly engaged in, and attempted to engage in, a sexual act with a minor female.

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

The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services – Crow Creek Agency, and the Isleta, New Mexico, Police Department.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

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

United States Attorney Dennis R. Holmes announced that a Bella Vista, Arkansas, man convicted of Failure to Register as a Sex Offender was sentenced on February 28, 2022, by U.S. District Judge Karen E. Schreier.

Jeffrey Alan Mosal, age 45, was sentenced to 30 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.

Mosal was indicted by a federal grand jury on April 6, 2021.  He pled guilty on November 30, 2021.

The conviction stems from Mosal failing to register as a sex offender as required by federal law between January 30, 2020, and April 6, 2021.  Mosal had previously been convicted of a sex offense in U.S. Circuit Court, District of Arkansas, which required him to register for 25 years.

This case was investigated by the U.S. Marshals Service and the Sioux Falls Police Department.  Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

Mosal was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Dennis Holmes announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Abusive Sexual Contact with a Child.

Theophile Donald Soft, Jr., age 60, was indicted on December 14, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on February 23, 2022, and pled not guilty to the Indictment.

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

The Indictment alleges that between April 2013 and April 2015, in Corson County, South Dakota, Soft knowingly engaged in, and caused to engage in, a sexual contact with a minor female.

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

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

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

United States Attorney Dennis Holmes announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance and Possession with Intent to Distribute a Controlled Substance.

Brenda Faye Fernandez, age 48, was indicted on February 8, 2022.  She appeared before U.S. Magistrate Judge Mark A. Moreno on February 23, 2022, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 years in federal prison and/or a $1,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between January 1, 2021, and September 30, 2021, in South Dakota, Fernandez knowingly and intentionally conspired with others to distribute and possess with intent to distribute methamphetamine.  The Indictment further alleges that on May 26, 2021, in Eagle Butte, Fernandez knowingly and intentionally possessed methamphetamine with intent to distribute.

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

The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services, the Northern Plains Safe Trails Drug Enforcement Task Force, and the South Dakota Highway Patrol.  Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.   

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

United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on February 18, 2022, by Judge Jeffrey L. Viken, U.S. District Court.

Waylon Loefer, age 42, was sentenced to three and ½ 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.

Loefer was indicted by a federal grand jury on June 17, 2021, and pleaded guilty on September 27, 2021. The charge stems from Loefer, a previously convicted felon who is prohibited from possessing firearms, knowingly possessing a Taurus, model PT840, .40 Smith & Wesson, semi-automatic pistol, which was found after Loefer came into contact with law enforcement in February 2021 at Rapid City.         

This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. 

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

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

United States Attorney Dennis R. Holmes announced that a Denver, Colorado, man convicted of First Degree Premeditated Murder, First Degree Felony Murder, Conspiracy to Commit Assault, Use of a Firearm During a Crime of Violence, and Possession of Ammunition by a Prohibited Person was sentenced on February 18, 2022, by Judge Jeffrey L. Viken, U.S. District Court.

Adan Corona, a/k/a “Ace Boogie,” age 35, was sentenced to life in federal prison for the murder and an additional ten years on the firearm charge, to run consecutively, and ordered to pay a $500 special assessment to the Federal Crime Victims Fund.

Corona was indicted by a federal grand jury on November 22, 2017, and was convicted of the charges by a federal jury following a two-week long trial in Rapid City, South Dakota, in September 2021. 

The conviction stems from the October 16, 2016, shooting death of Vincent Von Brewer III in front of the SuAnne Big Crow Center in Pine Ridge, South Dakota.  Corona, along with Francisco Villanueva, shot Brewer 15 times with an assault rifle and a 9mm handgun, as Brewer attempted to flee from the defendants.  Villanueva was previously sentenced on November 5, 2021, to two consecutive life sentences in federal prison.

The investigation was conducted by the Federal Bureau of Investigation, Oglala Sioux Tribe Department of Public Safety Criminal Investigations, and the Denver and Aurora, Colorado, Police Departments.  The investigation was also supported by numerous other state and federal law enforcement agencies. 

Assistant U.S. Attorneys Sarah Collins and Benjamin Patterson prosecuted the case.          

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

United States Attorney Dennis R. Holmes announced that a Box Elder, South Dakota, man convicted of Enticement of Minors Using the Internet was sentenced on February 17, 2022, by U.S. District Judge Jeffrey L. Viken.

Francis James Kistler, age 61, was sentenced to 25 years in federal prison, followed by five years of supervised release.  Kistler was also ordered to pay a $100 special assessment to the Federal Crime Victims Fund and $700 in restitution.  Kistler will also be required to register as a sex offender under the Sex Offender Registration and Notification Act.

Kistler was federally indicted and arrested after sexually exploiting two underage females between January 2019 and July 2019, while he was employed as a deputy sheriff for the Fall River County Sheriff’s Office.

This case was investigated by the South Dakota Division of Criminal Investigation.  Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

Kistler was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Dennis R. Holmes announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Failure to Appear.

Blade Marshall, age 24, was indicted on February 8, 2022.  He appeared before U.S. Magistrate Judge Mark A. Moreno on February 18, 2022, and pled not guilty to the Indictment.

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

The Indictment alleges that on January 24, 2022, Marshall failed to appear for his jury trial for Conspiracy to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person.

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

The investigation is being conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.   

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

United States Attorney Dennis R. Holmes announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Failure to Appear.

Cheyene Michael Thompson, age 30, was indicted on July 16, 2020.  He appeared before U.S. Magistrate Judge Mark A. Moreno on February 16, 2022, and pled not guilty to the Indictment.

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

The Indictment alleges that on January 13, 2020, Thompson failed to appear for his sentencing hearing for violating the terms and conditions of his supervised release.

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

The investigation is being conducted by the U.S. Marshal Service.  Assistant U.S. Attorney Jay Miller is prosecuting the case.   

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

United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on February 14, 2022, by U.S. District Judge Jeffrey L. Viken.

Megan Lawrence, age 42, was sentenced to 87 months in federal prison, followed by five years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Lawrence was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on February 19, 2021.  She pleaded guilty on October 22, 2021.  Lawrence was involved in a conspiracy responsible for distributing between 1.5 and 5 kilograms of methamphetamine in the Rapid City area.  Methamphetamine was brought to South Dakota from California by Lawrence's co-conspirators, Larre Hayes and Shelby Tripp Lien.  Lawrence helped further distribute the methamphetamine upon its arrival.  Lawrence also received packages in the mail containing methamphetamine, coordinated by Hayes.  Hayes is awaiting sentencing and Lien is pending trial.

This case was investigated by the Drug Enforcement Agency, South Dakota Division of Criminal Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives and the South Dakota Highway Patrol.  Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.  

Lawrence was immediately returned to the custody of the U.S. Marshals Service.

United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on February 3, 2022, by U.S. District Judge Jeffrey L. Viken.

Michael “Texas” Cole, age 31, was sentenced to three years and one month in federal prison, followed by five years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Cole was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on July 23, 2020.  He pleaded guilty on May 28, 2021. Defendant was stopped for driving a vehicle with a suspended license.  During the stop, a drug-detection dog alerted to the presence of illegal narcotics in the vehicle and drug paraphernalia was located.  Upon the arrest of the defendant fentanyl was discovered in his shoes, which he intended to distribute to others.

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 National Guard, and the South Dakota Highway Patrol.  Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.

Cole was immediately returned to the custody of the U.S. Marshals Service.

United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man  convicted of Conspiracy to Distribute a Controlled Substance was sentenced on February 4, 2022 by U.S. District Judge Jeffrey L. Viken.

Anthony Larson, age 40, was sentenced to 12 1/2 years in federal prison, followed by five years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Larson was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on September 17, 2020.  He pleaded guilty on September 3, 2021.  Larson was part of a conspiracy responsible for distributing between 1.5 and 5 kilograms of methamphetamine in western South Dakota.  Others charged in the conspiracy have trial and sentencing dates pending.

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 National Guard, and the South Dakota Highway Patrol.  Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.

Larson was immediately returned to the custody of the U.S. Marshals Service.

United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on February 7, 2022, by U.S. District Judge Jeffrey L. Viken.

Mark Smith, age 44, was sentenced to 10 years in federal prison, followed by five years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Smith was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on March 18, 2021.  He pleaded guilty on September 23, 2021.  During his involvement in the conspiracy, the Defendant arranged for methamphetamine to be shipped to South Dakota from California.  The methamphetamine was then dispersed to others for use and further distribution.

This case was investigated by the U.S. Postal Inspection Service and the Drug Enforcement Agency.  Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.

Smith was immediately returned to the custody of the U.S. Marshals Service.  

United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man convicted of Possession of a Ammunition by a Prohibited Person was sentenced on February 9, 2022, by U.S. District Judge Jeffrey L. Viken.

Jake Williams, age 38, was sentenced to 42 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.

Williams was indicted by a federal grand jury on April 22, 2021, and pleaded guilty on July 26, 2021.  The conviction stems from Williams, a previously convicted felon who is prohibited from possessing ammunition, knowingly possessing 9mm rounds of ammunition which were found after Williams came into contact with law enforcement in April 2021 at Rapid City.

This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. 

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

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

United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man convicted of Attempted Possession of Child Pornography was sentenced on February 4, 2022, by U.S. District Judge Roberto A. Lange.

Michael Ray Hudson, age 34, was sentenced to two and a half 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.  Hudson will also be required to register as a sex offender under the Sex Offender Registration and Notification Act.

Hudson was arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2020 Sturgis Motorcycle Rally, targeting internet predators.  Hudson initiated sexual chats and sought images of child pornography from a person he believed to be a 15-year-old boy, but who was in fact an undercover agent.  Hudson then negotiated a time and place he would meet the minor to engage in unlawful sex acts.  When Hudson went to the pre-determined location to meet the minor, he was met by law enforcement and placed under arrest.

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

Hudson was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Dennis R. Holmes announced that a Pine Ridge, South Dakota, woman has been indicted by a federal grand jury for Discharge and Brandishing a Firearm During a Crime of Violence, First Degree Burglary, Assault with a Dangerous Weapon, and Assault Resulting in Serious Bodily Injury.

Samantha Red Feather, age 31, was indicted on January 20, 2022.  She appeared before U.S. Magistrate Judge Daneta Wollmann on February 4, 2022, and pleaded not guilty to the Indictment.

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

The charges relate to Red Feather entering a residence at Pine Ridge and shooting the owner on October 27, 2021.  The charges are merely accusations and Red Feather is presumed innocent until and unless proven guilty. 

This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. 

The investigation is being conducted by the Oglala Sioux Tribe Department of Safety and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Megan Poppen is prosecuting the case.

Red Feather was released on bond pending trial.  A trial date has been set for April 12, 2022.

United States Attorney Dennis R. Holmes announced that a Pine Ridge, South Dakota, man convicted of Assault With a Dangerous Weapon and Possession of a Firearm by a Prohibited Person was sentenced on February 4, 2022, by U.S. District Judge Jeffrey L. Viken.

Timothy George Buckman, age 37, was sentenced to a total of 11 years in federal prison.  Buckman was also sentenced to three years of supervised release to follow imprisonment and ordered to pay a $200 special assessment to the Federal Crime Victims Fund.

Buckman was arrested and federally indicted following an altercation on December 8, 2020, where Buckman, a previously convicted felon who is prohibited from possessing firearms, assaulted two individuals with a firearm.

This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. 

This case was investigated by the Oglala Sioux Tribe Department of Public Safety and the Federal Bureau of Investigation.  Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

Buckman was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Dennis R. Holmes announced that a Pine Ridge, South Dakota, man convicted of Interstate Transportation of a Stolen Vehicle was sentenced on February 11, 2022, by U.S. District Judge Jeffrey L. Viken.

Cole Brewer, age 30, was sentenced to time served, equal to approximately nine months in custody, and three years of supervised release.  Brewer was also ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $100.

Brewer was indicted by a federal grand jury on May 20, 2021.  He pleaded guilty on September 23, 2021.  The conviction stems from Brewer stealing a Freightliner fuel truck from Hay Springs, Nebraska, in June 2020, and transporting it across the state lines to Pine Ridge where it was discovered by law enforcement. 

This case was investigated by the Oglala Sioux Tribe Department of Public Safety and the Sheridan County Sheriff’s Department.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

United States Attorney Dennis R. Holmes announced that a Pierre, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on February 15, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Michael Lewis, age 39, was sentenced to 26 months in federal prison, followed by three years of supervised release, forefiture of firearms and ammunition, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Lewis was indicted by a federal grand jury on March 9, 2021.  He pled guilty on October 29, 2021.

The conviction stemmed from an incident on September 14, 2020, in Pierre, when law enforcement entered Lewis’s residence and located a small amount of drugs, drug paraphernalia, multiple stolen firearms, and ammunition.  Lewis is an unlawful user of a controlled substance and therefore is prohibited from possessing firearms. The firearms had all been shipped and transported in interstate commerce.   

This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime

This case was investigated by the Pierre Police Department, the South Dakota Division of Criminal Investigation, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

Lewis was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Dennis Holmes announced that a Lower Brule, South Dakota, man convicted of two counts of Abusive Sexual Contact was sentenced on February 14, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Benjamin Joseph Grassrope, age 33, was sentenced to 96 months in federal prison, followed by seven years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $200.

Grassrope was indicted by a federal grand jury on January 14, 2021.  He pled guilty on November 18, 2021.

The convictions stem from an incident that occurred between May 9, 2008, and May 9, 2009, in Lower Brule, wherein an 11-year-old victim awoke to Grassrope inappropriately touching her on her breasts and groin.  Further, between May 1, 2012, and August 31, 2012, in Lower Brule, Grassrope inappropriately touched a 12-year-old girl on the breasts and groin.

This case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

Grassrope was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Dennis Holmes announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault of an Intimate Partner by Strangulation.

William Thigh, a/k/a, William Fire Cloud, age 36, was indicted on February 8, 2022.  He appeared before U.S. Magistrate Judge Mark A. Moreno on February 11, 2022, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to ten years in federal prison 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 August 2, 2021, in Lower Brule, Thigh assaulted a woman with shod feet, a space heater, an electric fan, an air purifier, a metal bar, and electrical cords, with intent to do bodily harm to her.  In addition, the Indictment charges that between November 28, 2021, and November 30, 2021, in Lower Brule, Thigh assaulted a woman with a rifle and shod feet, with intent to do bodily harm to her.  On both occasions, Thigh is alleged to have unlawfully assaulted a spouse, intimate partner, and dating partner by strangulating and suffocating her, and attempting to do so.

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

The investigation is being conducted by the Bureau of Indian Affairs – Office of Justice Services, Crow Creek Agency.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

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

United States Attorney Dennis R. Holmes announced that a Kyle, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on February 11, 2022, by U.S. District Judge Jeffrey L. Viken.

Ramone McBride, age 24, was sentenced to 46 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.

McBride was indicted by a federal grand jury on June 17, 2021, and pleaded guilty on October 22, 2021. The conviction stems from McBride, a previously convicted felon who is prohibited from possessing firearms, knowingly possessing an Armi Jager, model Dakota SAA, .357 Mangum caliber, single-action revolver, which was found after McBride came into contact with law enforcement in March 2021 at Rapid City.

This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. 

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

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

United States Attorney Dennis Holmes announced that a Fort Thompson, South Dakota, woman convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on February 14, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Jennifer Surrounded, age 36, was sentenced to 22 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.

Surrounded was indicted by a federal grand jury on March 9, 2021.  She pled guilty on November 16, 2021.

The conviction stemmed from an incident that occurred on February 12, 2021, in Fort Thompson.  Surrounded assaulted an officer with a knife while the officer was engaged in the performance of his official duties.

This case was investigated by the Bureau of Indian Affairs – Office of Justice Services, Crow Creek Agency.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

Surrounded was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Dennis Holmes announced that a Fort Thompson, South Dakota, man convicted of Domestic Assault by an Habitual Offender was sentenced on February 14, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Richard Coleman, Jr., age 34, was sentenced to sixteen 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.

Coleman was indicted by a federal grand jury on October 14, 2020.  He pled guilty on November 2, 2021.

The conviction stemmed from an incident that occurred on July 22, 2020, in Fort Thompson, in which Coleman threw a can at his significant other, striking her in the chest.  At the time of the domestic assault, Coleman had at least two prior convictions for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse or intimate partner.

This case was investigated by the Bureau of Indian Affairs – Office of Justice Services, Crow Creek Agency.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

Coleman was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Dennis R. Holmes announced that an Eagle Butte, South Dakota. man has been indicted by a federal grand jury for Theft from an Indian Tribal Organization.

Conroy Clown, age 43, was indicted on February 8, 2022.  He appeared before U.S. Magistrate Judge Mark A. Moreno on February 10, 2022, and pled not guilty to the Indictment.

The maximum penalty upon conviction 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 March 14, 2019, and July 5, 2019, in Eagle Butte, Clown did knowingly embezzle, steal, and convert to his own use, assets belonging to the Cheyenne River Motel, an Indian Tribal organization, in an amount greater than $1,000.

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

The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation.  Assistant U.S. Attorney Jay Miller is prosecuting the case.   

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

United States Attorney Dennis R. Holmes announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Theft from an Indian Tribal Organization.

Robert Chasing Hawk, Jr., age 38, was indicted on February 8, 2022.  He appeared before U.S. Magistrate Judge Mark A. Moreno on February 10, 2022, and pled not guilty to the Indictment.

The maximum penalty upon conviction 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 January 7, 2021, and March 8, 2021, in Eagle Butte, Chasing Hawk did knowingly embezzle, steal, and convert to his own use, assets belonging to the Elderly Nutrition Program, an Indian Tribal organization, in an amount greater than $1,000.

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

The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation.  Assistant U.S. Attorney Jay Miller is prosecuting the case.   

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

United States Attorney Dennis R. Holmes announced that a Dupree, South Dakota man convicted of Striking, Bearing, or Wounding was sentenced on February 10, 2022, by U.S. Magistrate Judge Mark A. Moreno.

Bradley Speker, age 30, was sentenced to six 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 $25.

Speker was indicted by a federal grand jury on January 12, 2021.  He pled guilty on February 10, 2022.

The conviction stemmed from an incident that occurred on January 7, 2021, in Eagle Butte, South Dakota, wherein Speker assaulted an individual by striking the victim with his fist. 

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

Speker was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Dennis R. Holmes announced that a Bridger, South Dakota, man convicted of three counts of Aggravated Sexual Abuse of a Child, Sexual Abuse of a Minor, and Abusive Sexual Contact of a Child involving two different victims, was sentenced on February 14, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Bennett Belt, age 48, was sentenced to 32 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 $500.

Belt was indicted by a federal grand jury on August 11, 2020.  He was found guilty by a jury on November 5, 2021.

Between July 2003 and September 2017, in Bridger, Belt engaged in multiple sexual acts with children.

This case was investigated by the Federal Bureau of Investigation, the Cheyenne River Sioux Tribe Law Enforcement Services, and the Pennington County Sherriff’s Office.  Assistant U.S. Attorneys Jay Miller and Abby Roesler prosecuted the case.

Belt was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Dennis R. Holmes announced that a Black Hawk, South Dakota, man  convicted of Conspiracy to Distribute a Controlled Substance was sentenced on February 11, 2022, by U.S. District Judge Jeffrey L. Viken.

Eric Yockey, age 36, was sentenced to 46 months in federal prison, followed by three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Yockey was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on July 23, 2020.  He pleaded guilty on September 22, 2021.  During his involvement in the conspiracy, the defendant traveled to California with a co-conspirator and received heroin in payment for assisting in the trip.  He also obtained more heroin on other occasions, which was then distributed to people in South Dakota.

This case was investigated by the Unified Narcotics Enforcement Team (UNET), Drug Enforcement Agency, Homeland Security Investigations, 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 National Guard, and the South Dakota Highway Patrol.  Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.

Yockey was immediately returned to the custody of the U.S. Marshals Service.

United States Attorney Dennis R. Holmes announced that an Aberdeen, South Dakota, man convicted of Possession of Child Pornography was sentenced on February 15, 2022, by U.S. District Judge Charles B. Kornmann.

Charles Chambers, age 35, was sentenced to 240 months in federal prison, followed by 10 years of supervised release, $5,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Chambers was indicted by a federal grand jury on April 6, 2021.  He pled guilty on November 1, 2021.

The conviction stemmed from an incident on February 23, 2021, when Chambers accessed hundreds of digital files containing child pornography into his KIK Messenger account.  Chambers used his cellular phone and the internet to access the files in interstate commerce. 

This case was investigated by the Federal Bureau of Investigation and the Aberdeen Police Department.  Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

Chambers was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Dennis R. Holmes announced that Nathan Peachey, age 51, of Pennsylvania, convicted for his role in fraud, money laundering, and obstruction of justice conspiracies, was sentenced on Monday, February 14, 2022, by U.S. District Judge Karen E. Schreier.

Nathan Peachey was sentenced to 300 months in custody, followed by three years of supervised release, nearly $11 million in restitution, and forfeiture of a residence in Norway, a luxury vehicle, approximately $4 million in silver coins, and a laptop.  He was also ordered to pay $1,200 to the Federal Crime Victims Fund.

“Mr. Nathan Peachey was sentenced to 25 years in federal prison for preying on innocent victims.  Peachey, along with his co-conspirators, ran a sophisticated scheme that robbed victims of their life savings, retirement income and other funds, for the sole purpose of enriching himself and his friends,” said IRS Criminal Investigation Special Agent in Charge Tyler Hatcher.  “The evidence shown during trial demonstrates that IRS Criminal Investigation special agents partnered with the FBI and the Department of Justice, are the best in the world at tracing ill-gotten funds to anywhere criminals spend or hide them.  We will never give up on our relentless pursuit of justice.”

“The defendant’s fraud was built on nothing but empty promises to the victims that they were helping humanity, but in reality he was only helping himself with a new home, silver, and a luxury car in Norway.  And for that fraud, he is paying a heavy price and will never be in a position to victimize anyone ever again,” said FBI Special Agent in Charge Michael Paul.  “I want to thank the agents, analysts, and prosecutors who worked tirelessly to not only uncover the fraud and build the case that led to this sentencing, but also for their efforts in trying to recover as much money as they could to return to the victims of this scam.”   

Defendants Nathan Peachey, John Rick Winer, and others were originally indicted by a federal grand jury on November 5, 2019.  A Second Superseding Indictment was filed on October 6, 2020.  Peachey and Winer proceeded to trial in November 2021, and the jury returned guilty verdicts on all counts against both defendants.  Winer was also scheduled for sentencing on February 14, 2022, but he failed to appear.

According to evidence presented at trial and court documents, Peachey resided in and operated from the State of Pennsylvania and from a suburb of Oslo, Norway.  Peachey aided in soliciting millions of dollars from investors in the United States, and he received funds from others who were involved in the fraud scheme.  Funds obtained by and through Peachey were, in part, laundered through and into domestic and international bank accounts.  After his receipt of funds, Peachey would transfer or wire funds to his co-conspirators, and he also would use funds on personal expenditures.

Winer resided and operated from the State of New Mexico, among other places.  Winer recruited individuals from South Dakota and elsewhere to invest in various projects, and he solicited funds that were obtained through the fraud scheme.  After his receipt of funds, Winer would transfer or wire funds to his co-conspirators and others known and unknown to the Grand Jury, and he also would use funds on personal expenditures.

As to the scheme to defraud the victims across the country, Peachey and Winer, along with their co-conspirators, 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 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, Winer, and their co-conspirators utilized, independently or jointly, entities to perpetrate the fraud scheme, including, but not limited to:  AG Enterprises, L.L.C.; House of Winer; Jacobs Provision Trust; The Joseph Project; Jericho Outreach; Jericho Outreach – Norway; Christian Charity Foundation; and G47 Initiative.  These entities were fake and used to receive fraud proceeds and launder money. 

Once Peachey and Winer learned about the investigation in South Dakota and elsewhere, they also conspired to obstruct justice.  Peachey and Winer conspired to corruptly obstruct, influence, and impede the investigation of the below-listed agencies and various court proceedings.

This case was investigated by the following entities: 

-        Internal Revenue Service Criminal Investigation;

-        Federal Bureau of Investigation;

-        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. Attorneys Jeremy R. Jehangiri and Ann M. Hoffman prosecuted the case.

Peachey was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence of imprisonment.

United States Attorney Dennis R. Holmes announced that a Sioux Falls, South Dakota, man has been charged by Criminal Complaint for Attempted Production of Child Pornography and Transfer of Obscene Materials to Minor.

Luke John Schauer, age 28, was charged and appeared before U.S. Magistrate Judge Veronica L. Duffy on February 9, 2022.  He pled not guilty to the Criminal Complaint.

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 Criminal Complaint alleges that between January 18, 2022, and February 4, 2022, Schauer attempted to employ, use, persuade, induce, entice, and coerce an OCE undercover agent posing as a 12-year-old female minor, to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct, knowing and having reason to know that such depictions would be transported in interstate or foreign commerce or mailed and such depictions would be producing using materials that had been mailed, shipped, and transported in interstate and foreign commerce, including by computer.

The Criminal Complaint also alleges that during the same periods of time, Schauer knowingly used his cellular phone to transfer and attempt to transfer obscene materials to the same undercover agent posing as a 12-year-old child.

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

The investigation is being conducted by the Federal Bureau of Investigation and the South Dakota Division of Criminal Investigation, with cooperation from the Sioux Falls Police Department.  Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.   

Schauer was released pending trial which has not yet been scheduled.

United States Attorney Dennis R. Holmes announced that a Webster, South Dakota, woman has been indicted by a federal grand jury for Theft, Embezzlement, and Misapplication by Bank Employee.

Angelica Jean Gebur, age 43, was indicted on February 1, 2022.  She appeared before U.S. Magistrate Judge Mark A. Moreno on February 8, 2022, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 30 years in federal prison and/or a $1,000,000 fine, five years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that beginning on or about March 22, 2018, and continuing through June 18, 2021, Gebur, who was an employee of CorTrust Bank, a financial institution whose deposits were insured by the Federal Deposit Insurance Corporation, embezzled, abstracted, purloined, and willfully misapplied more than $1,000 of moneys, funds, assets, and securities intrusted to the custody and care of CorTrust Bank.

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

The investigation is being conducted by the Federal Bureau of Investigation and the South Dakota Division of Criminal Investigation.  Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.   

Gebur was released on bond pending trial which has not been set yet.

United States Attorney Dennis R. Holmes announced that a Pine Ridge, South Dakota, man has been indicted by a federal grand jury for Second Degree Murder.

Julian Hard Heart, age 19, was indicted on January 20, 2022.  He appeared before U.S. Magistrate Judge Daneta Wollmann on January 26, 2022, and pleaded not guilty to the Indictment.

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

The Indictment alleges that on or about November 28, 2021, Hard Heart murdered Devon Elk Boy.  The charges are merely an accusation and Hard Heart is presumed innocent until and unless proven guilty. 

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

Hard Heart was detained pending trial.  A trial date has been set for April 5, 2022. 

###

United States Attorney Dennis R. Holmes announced that a Kent, Washington man, a Seattle, Washington man, and a Portland, Oregon man, have been indicted by a federal grand jury for Conspiracy to Obtain Controlled Substances by Fraud.

Hakeem Mohamed, age 22, Zekki Kemal, age 23, and Warsame Jama, age 30, were indicted on October 5, 2021.  Jama appeared before U.S. Magistrate Judge Veronica L. Duffy on December 14, 2021, Kemal appeared before Judge Duffy on January 4, 2022, and Mohamed appeared before Judge Duffy on February 4, 2022.   They all pled not guilty to the Indictment.

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

The Indictment alleges that beginning at a date unknown and continuing to on or about December 22, 2020, Mohamed, Kemal, and Jama knowingly and intentionally combined, conspired, confederated, and agreed together and with others to acquire and obtain possession of promethazine with codeine syrup, which is a Schedule V controlled substance, as well as oxycodone, which is a Schedule II controlled substance.  They obtained those by misrepresentation, fraud, forgery, deception, and subterfuge.

The charge is merely an accusation and Mohamed, Kemal, and Jama are presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Drug Enforcement Administration, Brookings Police Department, Division of Criminal Investigation, Minot Police Department, Pierre Police Department, Vermillion Police Department, and the Worthington Police Department.  Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.   

Mohamed was remanded to the custody of the U.S. Marshals Service pending trial.  Kemal and Jama were released on bond.  A trial date has been set for April 12, 2022.

United States Attorney Dennis R. Holmes announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Jeffery Leo Larvie, age 39, was indicted on February 1, 2022.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on February 4, 2022, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 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 Larvie, 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 September 22, 2021, and February 1, 2022.

The charge is merely an accusation and Larvie 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.   

Larvie was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for April 12, 2022.

United States Attorney Dennis R. Holmes announced that a Wagner, South Dakota, woman has been indicted by a federal grand jury for two counts of Assault with a Dangerous Weapon and one count of Felony Child Abuse.

Tina Sully, age 51, was indicted on February 1, 2022.  She appeared before U.S. Magistrate Judge Veronica L. Duffy on February 3, 2022, and pled 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 up to $300 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between November 26, 2017, and May 23, 2021, Sully unlawfully assaulted a minor female victim who had not attained the age of 18, with a belt and a hanger. 

The Indictment also alleges that during the same period of time as stated above, Sully abused, exposed, tortured, tormented, and cruelly punished the same victim.

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

The investigation is being conducted by the Federal Bureau of Investigation, the Charles Mix County Sheriff’s Office, and the Yankton Sioux Law Enforcement.  Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.   

Sully was released on bond pending trial, which has been set for April 12, 2022.

United States Attorney Dennis R. Holmes announced that a Newcastle, Nebraska, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Joseph Ross Burks, age 40, was indicted on February 1, 2022.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on February 3, 2022, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 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 between May 22, 2021, and July 27, 2021, Burks, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under state law, and having traveled in interstate commerce, failed to register and update his registration.

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

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

Burks was returned to State Custody pending trial, which has been set for April 12, 2022.